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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, March 14, 2022
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. Speakers must
click the link to the registration form (linked below), fill it out, and submit it by 5 p.m. on the
day of the Council meeting. The public may also submit comments in writing to
cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. Registration is not required for
those who wish to speak during public hearings.
Registration for Audience Comment
Registration will be open at all times, but speakers must register by 5 p.m. on the day of a
Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of
the Council meeting will not be called upon to speak and will be required to re-register for the
next Council meeting if they wish to speak at that next meeting.
• Request to Speak Registration Form
• You may also copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
• You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
• Instructions for Virtual Attendance
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 5 p.m. on
the day of the meeting to request an invite with a link to the meeting.
Those providing audience comments will be limited to 5 minutes each speaker unless an
exception is granted by the Council. Attendees will be muted and not audible to the Council
except during times they are designated to speak. Advance instructions for how to address
the Council will be provided to those who sign up in advance to speak and again during the
meeting.
1. CALL TO ORDER
2. ROLL CALL
3. ADMINISTRATIVE REPORT
a) Administrative Report
4. 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.
5. 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 February 28, 2022.
Council Concur
b) AB - 3082 Community & Economic Development Department requests authorization to
prepare an ordinance amending membership requirements to allow up to two members
who own businesses within Renton city limits.
Council Concur
c) AB - 3086 Community & Economic Development Department submits the 2022 Title IV
Docket #17 work program for review. Following this review the Planning Commission will
present code revision recommendations to Council.
Refer to Planning Commission and Planning & Development Committee
d) AB - 3070 Human Resources / Risk Management Department recommends approval of an
ordinance revising Renton Municipal Code (RMC) 2-4-4 which removes the requirement
from the Renton Municipal Code for a Civil Service Commissioner to be an elector of the
county where they reside; allows a commissioner to be a lawful permanent resident or
citizen; and reduces the requirement to be a Renton resident from three years to one
year prior to appointment.
Refer to Public Safety Committee
e) AB - 3088 Parks & Recreation Department recommends approval of an agreement with
the Washington Association of Cities, in order to accept $129, 472 in grant funds to be
utilized for evidence-based outdoor, summer enrichment programs for youth ages 4-21.
Refer to Finance Committee
f) AB - 3085 Parks & Recreation Department - PPNR submits CAG-19-243, contract with
Terra Dynamics, Inc., and requests approval to accept the Sunset Neighborhood Park
Phase 2 project, and release the retainage bond after 60 days once all required releases
from the State have been received.
Council Concur
g) AB - 3073 Police Department recommends approval of the High Intensity Drug Trafficking
Areas (HIDTA) agreement and an Asset Forfeiture Sharing Memorandum of
Understanding (MOU) with the US Department of Justice, Drug Enforcement
Administration (DEA), which provides one (1) commissioned police officer to work full
time as a member of the Seattle Enforcement Group D-22 Task Force (VNET).
Refer to Public Safety Committee
h) AB - 3087 Public Works Utility Systems Division recommends approval of the Water
Quality Grant Agreement WQC-2022-Renton-00100, with the Department of Ecology, to
accept $202,125 in grant funds for the Stormwater Management Action Planning project.
Refer to Finance Committee
i) AB - 3091 Public Works Utility Systems Division recommends approval of an agreement
with Carollo Engineers, Inc., in the amount of $443,709, for engineering services for the
2022 Sanitary Sewer Replacement project.
Refer to Utilities Committee
6. 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) Community Services Committee: Appointment to Renton Municipal Arts Commission -
Janna Kushneryk, Appointments to the Equity Commission
b) Finance Committee: Vouchers, Water Quality Grant Agreement with the Department of
Ecology for the Monroe Avenue NE Storm System Improvement Project
c) Planning & Development Committee: Appointment to Planning Commission-Jeffrey Kelly
d) Transportation Committee: Compensation and Final Approval of Chelan Ave NE Street
Vacation Petition*
7. LEGISLATION
Resolution:
a) Resolution No. 4463: Ratification of Mayor's Emergency Proclamation
Ordinance for first reading and advancement to second reading:
b) Ordinance No. 6058: Chelan Ave Street Vacation (See item 6.d)
8. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
9. 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
Mayor’s Office
Memorandum
DATE: March 14, 2022
TO: Ryan McIrvin, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• On March 3, Mayor Pavone issued an emergency proclamation, allowing emergency
work on a bank stabilization project near 3500 Jones Ave NE. The work was in
response to the February 28 through March 3 storm event. Bank erosion along the
right bank of May Creek, which would have likely led to a partial collapse of Jones
Ave NE, was observed early morning on March 3 by city crews. Surface Water Utility
Division coordinated with Washington Department of Fish and Wildlife (DFW) for
permitting and other regulations required for the repair work. DFW staff and city
staff from Transportation and Surface Water will meet on March 17 to determine
the mitigation requirements for the emergency work.
• The Emergency Feeding Program/SOS will be hosting pop-up lunch events at the
Sunset Neighborhood Park; 2680 Sunset Lane NE, from 12:30-2 p.m. on March 15,
22, and 29. Unsheltered and those residents with food insecurities will receive free
ready-to-eat food and drinks from Amazon Fresh. Personal hygiene kits, cleaning
supplies, and socks will also be available.
• Come visit Renton History Museum’s newest exhibit With This Ring. Using objects
and photos from the Museum’s collection, With This Ring takes a historical look at
marriage in Renton, from finding a partner to weddings to working partnerships to
same-sex unions. The exhibit is the product of many years of research into Renton’s
varied unions and their remarkable stories. On exhibit from March 2, 2022 through
October 19, 2022.
• Renton Urban Forestry, Renton GIS and Renton Museum announce a story map
project called the Historical Tree Tour of Downtown Renton. The looped stroll of the
streets in downtown Renton encompasses 14 sites, where you can start at City Hall
or any point on the route. Existing significant trees in the immediate neighborhood
are identified along the way. At each location information will populate in the story
map on any mobile device. At each location, information will populate in the story
map on any mobile device. You’ll learn about trees and historical people, places and
activities plus view historical photos.
AGENDA ITEM #3. a)
Ryan McIrvin, Council President
Members of Renton City Council
Page 2 of 2
March 14, 2022
• Information about preventative street maintenance, traffic impact projects, and
road closures happening this week can be found at http://rentonwa.gov/traffic. All
projects are weather permitting and unless otherwise noted, streets will always
remain open. Preventative street maintenance, traffic impact projects, and road
closures will be at the following locations:
Monday, March 14 through Friday, March 18, 8:30 am to 3:00 pm. Single
intermittent lane closures on Lind Avenue SW at NE 27th Street due to small cell
installation. Questions may be directed to Joel McCann, 425-757-9595.
Monday, March 14 through Friday, March 18, 8:30 am to 3:00 pm. Single
intermittent lane closures on Park Avenue South between N 10th Street and
N 8th Street due to small cell installation. Questions may be directed to Joel
McCann, 425-757-9595.
Windsor Hills Utility Improvements Project. Beginning March 2022, BHC
Consultants will perform the design work for the water system and storm system
improvements in the Windsor Hill neighborhood. Survey work will be done on
weekdays from 8 a.m. to 4 p.m. and will take several weeks to complete.
Downtown Utility Improvement Project. . Installation of wastewater and storm
drain improvements are complete. Final testing and activation of the water
system work continues this week. Weather permitting, paving of disturbed
areas may start as early as March 28 and extend into April. Expect lane closures
and detours as the paving operation moves around the downtown core.
Additional information can be found at rentonwa.gov/duip.
Duvall Avenue Northeast Project: Continuous right lane closure on Northbound
Duvall Avenue NE between NE 7th and NE 10th Street through estimated project
completion in February 2023.
On-going Street Closure through October 4, 2023 (City of Renton Resolution
No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street
and Harrington Place NE in support the Solera Development Project (LUA20-
000305). Questions may be directed to Brad Stocco, 425-282-2373.
AGENDA ITEM #3. a)
February 28, 2022 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, February 28, 2022
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:
Ryan McIrvin, Council President
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
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, Chief Administrative Officer
Alex Tuttle, Senior Assistant City Attorney
Jason Seth, City Clerk
Judith Subia, Council Liaison
Kristi Rowland, Deputy Chief Administrative Officer
Preeti Shridhar, Equity, Housing, and Human Services Administrator
Chip Vincent, Community & Economic Development Administrator
Martin Pastucha, Public Works Administrator
Kari Roller, Finance Department Administrator
Ellen Bradley-Mak, Human Resources and Risk Management Administrator
Kelly Beymer, Parks & Recreation Department Administrator
Cailín Hunsaker, Parks & Trails Director
Kim Gilman, HR Labor Manager
Ron Straka, Public Works Utility Systems Director
AGENDA ITEM #5. a)
February 28, 2022 REGULAR COUNCIL MEETING MINUTES
Amanda Askren, Interim Economic Development Director
Benita R. Horn, DEI Consultant
Chief Jon Schuldt, Police Department Administrator
Deputy Chief Jeff Hardin, Police Department
Commander Chandler Swain, Police Department
(All City staff attended remotely except City Clerk Seth)
ADMINISTRATIVE REPORT
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 2022 and
beyond. Items noted were:
• City Hall is open for in-person services at our Finance and Police Counters, Monday
through Wednesday, 9 a.m. to 3 p.m. Our Municipal Court counter is open Thursday
and Friday, 8:30 a.m. to 4:30 p.m., while hearings are conducted via zoom. For more
information, please visit our website.
• Renton History Museum will open its newest exhibit, With This Ring, on Wednesday,
March 2. Using objects and photos from the Museum’s collection, With This Ring
takes a historical look at marriage in Renton, from finding a partner to weddings to
working partnerships to same-sex unions. The exhibit is the product of many years of
research into Renton’s varied unions and their remarkable stories. On exhibit from
March 2, 2022 through October 19, 2022.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
• Winter Cashman, Renton, expressed appreciation for the removal of a proposed
Planning Commission appointee, and expressed concern about some of the proposed
appointees to the new Renton Equity Commission.
• Ali Cohen, Renton, expressed appreciation for the new Renton Equity Commission,
but had concerns about some of the proposed appointees, and that some applicants
had not been selected for appointment.
Mayor Pavone stated that the decision regarding whom to appoint to the new Renton
Equity Commission was difficult, and residents who were not selected to be
appointed could apply again when the first set of terms expire. He explained that the
initial terms were intentionally staggered with three positions serving one-year terms,
three positions serving two-year terms, and three positions serving three-year terms.
• Joseph Todd, Renton, remarked that he had personally reviewed the list of candidates
and in his opinion many of the proposed appointees are friends and family of Renton
officials. He remarked that he was disappointed in the process because there should
have been more appointees from marginalized communities, and their experiences
should have been focused more on equity.
• Krysta Strasbaugh, Renton, expressed appreciation for establishing the Renton Equity
Commission, but was disappointed that some of the applicants were not selected for
appointment.
AGENDA ITEM #5. a)
February 28, 2022 REGULAR COUNCIL MEETING MINUTES
Mayor Pavone noted that he was not familiar with any of the residents he appointed,
and asked Equity, Housing, and Human Services Administrator Preeti Shridhar, and
Renton’s Diversity, Equity, and Inclusion consultant Benita Horn to clarify the
appointment process.
Ms. Shridhar explained that a press release and other notices were published on
November 10, 2021 noting that the application period was open until November 30,
2021 at 5 p.m. She further explained that residents could apply online through the
City’s website, or call the City to request an application that could be filled out and
then mailed or hand-delivered to the City. She also explained the interview process,
noting that everyone who applied was eligible to be interviewed, but only twenty-
seven applicants agreed to be interviewed. Concluding, Ms. Shridhar noted that local
residents from Renton’s many diverse communities served as panel members for the
interviews, and that they had spent a significant amount of their time over the winter
holidays assisting the City and Mayor with the important process.
Ms. Horn added that the process was not prescribed by the Mayor, as she and staff
met with several different community groups representing the City’s vibrant diversity
in order to receive input from them on how to proceed with the appointment
process. Ms. Horn emphasized that this information was used to establish the
interview process, including selecting panel members and interview questions, which
was used to form recommendations that were eventually forwarded to the Mayor.
Responding to an inquiry from Councilmember Pérez, Ms. Shridhar explained that
although staff did not visit encampments to encourage unsheltered individuals to
submit applications for the commission, but noted that one applicant had shared
their lived experiences as a former unsheltered individual.
• Sanjeev Yonzon, Renton, expressed appreciation for the Renton Police Department’s
use of body worn cameras, but noted that $600,000 for small business grants/loans
was not enough to help all of the small businesses in Renton. Mayor Pavone noted
that staff will follow-up with Mr. Yonzon on any other outstanding issues.
• Cathleen Powell, Renton, expressed appreciation that a Retail Pet Sales ordinance
was making its way to Council for adoption soon. She urged Council to support the
ordinance.
• Diane Dobson, Renton, indicated that she had emailed her comments to Council.
• Gina Cari, Renton, expressed support for the Retail Pet Sales ordinance making its
way to Council for adoption, and urged Council to support the ordinance. She also
noted that part one of a two-part program regarding the retail pet store, Puppyland,
would be airing on a local news channel later tonight. Ms. Cari urged everyone to
watch the program.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of February 14, 2022. Council Concur.
AGENDA ITEM #5. a)
February 28, 2022 REGULAR COUNCIL MEETING MINUTES
b) AB - 3075 City Clerk submitted the appraisal for the Chelan Ave NE street vacation petition
(File No. VAC-21-001, Petitioner: Renton School District); and submitted the staff
recommendation to set the compensation for the street vacation at zero dollars ($0.00) based
on the overall project layout, building layout, and utility easements. Refer to Transportation
(Aviation) Committee.
c) AB - 3081 Mayor Pavone appointed Mr. Jeffrey Kelly to the Planning Commission for an
unexpired term expiring on June 30, 2022. Refer to Planning & Development Committee.
d) AB - 3074 Mayor Pavone appoints the following individuals to the Renton Equity Commission:
Cassandra Baddeley, Ashok Padhi, and Aleja Rubalcaba for terms expiring on 12/31/2022; Lisa
Davis, Celina Kershner, and Rueben Turk for terms expiring on 12/31/2023; and Nicole Hill,
Manami Imaoka, and Morgan Kroeger for terms expiring on 12/31/2024. Refer to Community
Services Committee.
e) AB - 3076 Public Works Utility Systems Division submitted CAG-18-155, contract with Applied
Ecology, LLC, and requested approval of the project and authorization to release retainage
after 60 days, once all required releases from the State have been obtained. Council Concur.
f) AB - 3077 Public Works Utility Systems Division recommended approval of the Water Quality
Grant Agreement WQSWPC-2022-Renton-00047, with the Department of Ecology, in order to
receive $4,797,875 for the Monroe Ave NE Storm System Improvement project. Refer to
Finance Committee.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Transportation Committee Chair Vǎn presented a report concurring in the staff recommendation
to authorize the Mayor and City Clerk to execute Amendment 7-22 to LAG-13-005 with The
Landing Gear Works. Such authorization will have an initial increased annual economic impact of
$38,309.69 and would benefit the City and TLGW respectively by bringing current the land rental
rate and re-establishing TLGW the opportunity to continue their growth and provide services to
the public.
MOVED BY VǍN, 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 approve the following payments:
1. Accounts Payable – total payment of $4,841,897.65 for vouchers, 10421, 10423,
10425-10427, 398067-398347; payroll benefit withholding vouchers 6767-6779,
398059-398066, and no wire transfers.
2. Payroll – total payment of $1,580,451.43 for payroll vouchers that include 607 direct
deposits and 14 checks. (1/16/22-1/31/22 pay period).
3. Kidder Mathews vouchers 1081-1100 totaling $51,527.67.
4. Municipal Court vouchers 017975-017989 totaling $13,880.
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #5. a)
February 28, 2022 REGULAR COUNCIL MEETING MINUTES
c) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation
to authorize the Mayor and City Clerk to execute the Fuel Tax Grant Agreement in the amount of
$5,000,000 with the Washington State Transportation Improvement Board and all subsequent
agreements necessary to accomplish the Rainier Avenue South Corridor Improvements - Phase 4
project.
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Ordinance for second and final reading:
a) Ordinance No. 6056: An ordinance was read amending Subsections 4-1-220.B and 4-1-220.D
of the Renton Municipal Code, by extending to the Rainier/Grady Junction TOD Subarea and
South Lake Washington Subarea the Multi-Family Housing Property Tax Exemption, adopting
the eligible areas for Multi-Family Housing Incentives Map, authorizing corrections, providing
for severability, and establishing an effective date.
MOVED BY PRINCE, SECONDED BY ALBERSON, 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 MCIRVIN, COUNCIL ADJOURN. CARRIED.
TIME: 7:58 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
28 Feb 2022
AGENDA ITEM #5. a)
Council Committee Meeting Calendar
February 28, 2022
March 1, 2022
Tuesday
3:30 PM Utilities Committee, Chair Alberson – VIDEOCONFERENCE
1. Emerging Issues in Utilities
• Public Works Sustainability Reorganization
• Downtown Utilities Improvements Project Update
CANCELED Community Services Committee, Chair Rivera
5:00 PM Transportation Committee, Chair Văn – VIDEOCONFERENCE
1. Compensation and Final Approval of Chelan Ave NE Street Vacation
Petition
March 7, 2022
Monday
CANCELED Committee of the Whole, Chair McIrvin
CANCELED Council Meeting
March 10, 2022
Thursday
11:00 AM Community Services Committee, Chair Rivera – VIDEOCONFERENCE
1. Appointment to Renton Municipal Arts Commission - Janna Kushneryk
2. Appointments to Equity Commission
March 14, 2022
Monday
4:00 PM Finance Committee, Chair O’Halloran – VIDEOCONFERENCE
1. Water Quality Grant Agreement with the Department of Ecology for
the Monroe Avenue NE Storm System Improvement Project
2. Vouchers
3. Emerging Issues in Finance
5:00 PM Planning & Development Committee, Chair Prince – VIDEOCONFERENCE
1. Appointment to Planning Commission-Jeffrey Kelly
2. Emerging Issues in CED
6:00 PM * Committee of the Whole, Chair McIrvin – VIDEOCONFERENCE
1. Renton Municipal Arts Commission Update *
7:00 PM Council Meeting – VIDEOCONFERENCE
* revised 03/09/22
AGENDA ITEM #5. a)
AB - 3082
City Council Regular Meeting - 14 Mar 2022
SUBJECT/TITLE: Planning Commission Membership
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Angie Mathias, Long Range Planning Manager
EXT.: 6576
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
A number of years ago the number of the members of the Planning Commission was increased from seven to
nine. This has helped to accomplish several things. First, having enough members at a meeting to establish
quorum has improved. It has also been easier t o schedule additional meetings when they have been
occasionally needed. Both of these have helped keep Title IV docket work program, other code amendments,
and plan adoptions moving through the process efficiently and consistently.
Second, the addition of two more members has helped provide opportunity to foster increased diversity of
membership. Staff have been deliberate in efforts to increase diverse racial backgrounds, ages, and
occupations of members, the increase to nine members advanced those effort s more quickly.
Historically, members have been required to be residents of the City of Renton. The insights and perspectives
owners of businesses in the City on development regulations and planning documents of the City could be
valuable. Chapter 10 of Title II, 2-10-5 members should be amended to allow two members of the Planning
Commission to be owners of businesses within Renton city limits.
EXHIBITS:
A. Issue Paper
B. Amendment Draft Language
STAFF RECOMMENDATION:
Staff recommends approval to prepare an ordinance amending the Planning Commission membership
requirements to allow up to two members who are owners of a business in the City of Renton and advance it
for adoption when the ordinance is complete.
AGENDA ITEM #5. b)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:March 14, 2022
TO:Ryan McIrvin, Council President
Members of Renton City Council
VIA:Armondo Pavone, Mayor
FROM:Lynne Hiemer, Administrative Secretary (x7263)
STAFF CONTACT:Angie Mathias, Long Range Planning Manager (x6576)
SUBJECT:Planning Commission Membership
ISSUE:
Planning Commission membership eligibility.
RECOMMENDATION:
Approve the preparation of an ordinance amending Planning Commission membership eligibility to
allow up to two members who are owners of a business in the City of Renton and advance it for
adoption when the ordinance is complete.
BACKGROUND SUMMARY:
A number of years ago the number of the members of the Planning Commission was increased from
seven to nine. This has helped to accomplish several things. First, having enough members at a
meeting to establish quorum has improved. It has also been easier to schedule additional meetings
when they have been occasionally needed. Both of these have helped keep Title IV docket work
program, other code amendments, and plan adoptions moving through the process efficiently and
consistently. Second, the addition of two more members has helped provide opportunity to foster
increased diversity of membership. Staff have been deliberate in efforts to increase diverse racial
backgrounds, ages, and occupations of members, the increase to nine members advanced those efforts
more quickly. Historically, members have been required to be residents of the City of Renton. The
insights and perspectives owners of businesses in the City on development regulations and planning
documents of the City could be valuable.
In Chapter 10 of Title II, 2-10-5 of the Renton Municipal code, membership requirement should be
amended to allow two members of the Planning Commission to be owners of businesses within Renton
city limits.
AGENDA ITEM #5. b)
CHAPTER 10
PLANNING COMMISSION
2-10-5 MEMBERS:
A. All Planning Commission members shall be residents or owners of a business ofin the City of Renton.
The number of Commission members that are owners of a business in the City is limited to no more than
two members.
AGENDA ITEM #5. b)
AB - 3086
City Council Regular Meeting - 14 Mar 2022
SUBJECT/TITLE: 2022 Title IV Docket #17
RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development
Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Angie Mathias, Long Range Planning Manager
EXT.: 6576
FISCAL IMPACT SUMMARY:
n/a
SUMMARY OF ACTION:
Should the 2022 Title IV Docket #17 work program be referred to the Planning & Development Committee and
the Planning Commission for consideration and potential adoption?
BACKGROUND SUMMARY:
RMC 4-8-070G outlines the types of review the Planning Commission shall conduct. The review of the
Development Regulations (Title IV Docket) process is specifically listed. Land Use Regulations review occurs
upon Council request. The Planning Commission will make recommendations regarding the Land Use
Regulations to the Council. Final recommendation of the Title IV Docket is the authority of the Council.
Title IV Development Regulations
This process is codified in RMC 4-9-025, Title IV Development Regulation Revision Process. Staff has compiled
a series of amendments to Title IV of the Renton Municipal Code (Development Regulations) that initiates
several regulatory initiatives that respond to important issues facing the City. The proposed list of amendments
includes City initiated amendments as shown in the Tab le below.
See attached Issue Paper for proposed schedule for review of the Title IV Docket #17 Amendments for Planning
Commission to occur through December 2022.
EXHIBITS:
A. Issue Paper
STAFF RECOMMENDATION:
Refer the additional items for the 2022 Title IV Docket #17 to the Planning and Development Committee and
Planning Commission for review. Following this review, the Planning Commission will present code revision
recommendations to Council.
AGENDA ITEM #5. c)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: February 28, 2022
TO: Ryan McIrvin, Council President
Members of Renton City Council
VIA: Armondo Pavone, Mayor
FROM: Chip Vincent, CED Administrator (x6588)
STAFF CONTACT: Angie Mathias, Long Range Planning Manager (x6576)
SUBJECT: 2022 Title IV Docket #17
ISSUE:
Should the 2022 Title IV Docket #17 work program be referred to the Planning &
Development Committee and the Planning Commission for consideration and potential
adoption?
RECOMMENDATION:
Refer the additional items for the 2022 Title IV Docket #17 to the Planning and
Development Committee and Planning Commission for review. Following this review,
the Planning Commission will present code revision recommendations to Council.
BACKGROUND SUMMARY:
RMC 4-8-070G outlines the types of review the Planning Commission shall conduct.
The review of the Development Regulations (Title IV Docket) process is specifically
listed. Land Use Regulations review occurs upon Council request. The Planning
Commission will make recommendations regarding the Land Use Regulations to the
Council. Final recommendation of the Title IV Docket is the authority of the Council.
Title IV Development Regulations
This process is codified in RMC 4-9-025, Title IV Development Regulation Revision
Process. Staff has compiled a series of amendments to Title IV of the Renton Municipal
Code (Development Regulations) that initiates several regulatory initiatives that
respond to important issues facing the City. The proposed list of amendments includes
City initiated amendments as shown in the Table below.
CONCLUSION:
The proposed schedule for review of the Title IV Docket #17 Amendments is for the
Planning Commission review to occur through December 2022.
AGENDA ITEM #5. c)
2022 TITLE IV DOCKET #17
City Initiated Amendments
Solar System Exemption
Add language to the Construction Administrative Code, RMC 4-5-060 to exempt certain single family residential
solar systems from building permits. Bellevue has adopted code language that can be replicated.
Flood Regulations
Update Flood regulations to be consistent with minimum standards to maintain the City's Community Rating
System Class of 9 or higher.
Early Learning Facility Impact Fees
Enabling legislation needed for HB 1331. A local government may exempt an early learning facility from up to 80
percent of impact fees without being required to pay the exempted portion of the fee from public funds other
than the impact fee account. A local government may exempt an early learning facility from all impact fees
without a requirement for the local government to pay the fee from public funds other than the impact fee
account if the local government requires the developer to record a covenant.
Special Fence Permit
Limit the scope of special fence permits to residential lots with front and secondary front yards (i.e. corner and
through lots). Update the special fence permit criteria to ensure fences exceeding the maximum height are
consistent in scale and appearance with the surrounding area. Also, consider regulating security gates to
residential communities and individual lots.
Commercial Parking Standards for Mixed Use Buildings
Develop a specific Parking Standard for commercial space located in mixed-use vertical development.
Home Occupation
Better define what is allowed and not allowed as a home occupation and the standards that would apply to
those uses.
Condominium Recording Documents
Require the applicant to submit condominium recordings documents to staff for review prior to condominium
recording.
Amendments to CD Zone Development Standards
Address density transfers, residential unit sizes, mixed-income housing, parking ratios (income-restricted units
vs. unrestricted units), height rules and other issues that may be identified.
Update Submittal Standards for Short Plats and Modifications
* Update to add these items to Title IV Land Use Application submittal requirements table under modifications:
utilities plan, floor plans, geotechnical report, wetland assessment, standard stream or lake study, flood hazard
area and architectural elevations.
*Add Conceptual Landscape Plan to the Short Plat.
Personal Deliver Devices (PDD)
Review HB 1325 to determine if and when Autonomous Personal Deliver Devices should be permitted to be
operated within the City's Right-of-way and in what zones dispensaries should be allowed.
Land Use Permit Submittal Requirements
Amended regulations to provide clarity that a complete application requires a general compliance with the
standards of Renton municipal code.
Phasing Duration for Master Plans
Add a maximum length of permit approval when phasing is proposed through a master plan process.
Applicability of MFTE to Market-Rate Townhomes
Code states that market-rate townhomes are not eligible (4-1-220.2.b.iv). Previously, Legal/City Attorney's
Office expressed concern that townhomes may be eligible if part of a larger project (e.g. Solera), which was not
AGENDA ITEM #5. c)
the intent. EHHS would like to clarify that townhomes are ineligible both as a standalone project and as part of a
larger project.
Smoking Clubs or Lounges
Review the zoning use table and determine which zones this use should be permitted or not permitted.
Amend Term ""Single Family Zoning”
Amend the term single family zoning in our code and comp plan to just residential zoning.
Residential Units in the CO Zone
Develop a maximum number of residential units that can be permitted within the CO zone for land located
within the proximity of each main transit location. Review regulations to ensure a proper balance of
employment and residential development is achieved near these transit hubs.
Parking Standards for Conversion of Affordable
Affordable housing developments are allowed a reduced parking ratio as compared to market rate housing.
Establish parking standards for when affordable housing is converted back to market rate housing.
Industrial Zones & Warehousing/Distribution Centers
Evaluate warehousing and distribution centers as a land use to identify appropriate requirements, mitigation,
and other standards. Also, ensure the zoning is appropriate and that it will achieve the intended outcomes and
further city interests.
Conditions and/or Mitigation for Emergency and Permanent Supportive Housing
Conduct a review and evaluation of what other communities around the region have adopted as measures to
mitigate or other conditions in order to ensure Emergency housing and Permanent Supportive housing does not
have disparate impacts on surrounding properties. Consider adopting or establishing such measures.
Medical Institutions in Employment Area Valley
Currently medical institutions are not allowed in the EAV area. A request has been made by a private party to
consider allowing the use in the EAV or a portion of the EAV.
Use of Term Affordable Housing in Code
Review code for usages and definitions of affordable housing. Align and standardize language.
Modification of Housing Types
Consider allowing the modification of housing types for affordable housing through PUD.
Plan/Policy Development
Targeted Comp Plan Land Use Amendments and Rezones
Consider some areas for rezones to a zone that will help facilitate the transition to new high density mixed use
vertical development.
Establish a Tax Increment Finance (TIF) Area
Establish the TOD Subarea and part of Downtown as an area that is eligible to utilize the TIF economic
development tool.
Update Transportation Concurrency Citywide Trip Bank
Update the City’s available Transportation Concurrency Citywide Trip Bank to reflect the available
transportation vehicle capacity created by the City’s current 6-year Transportation Improvement Plan (TIP).
AGENDA ITEM #5. c)
AB - 3070
City Council Regular Meeting - 14 Mar 2022
SUBJECT/TITLE: Ordinance updating Section 2-4-4 of the RMC, to revise the rules
governing civil service commission appointments
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Human Resources / Risk Management Department
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: X7657
FISCAL IMPACT SUMMARY:
None
SUMMARY OF ACTION:
This ordinance removes the requirement from the Renton Municipal Code for a Civil Service Commissioner to
be an elector of the county where they reside; allows a commissioner to be a lawful permanent resident or
citizen; and reduces the requirement to be a Renton resident from three years to one year prior to
appointment.
In 2018, Washington state added “lawful permanent resident” to RCW 41.12.070, Qualification of Applicants
for Law Enforcement Agencies. Renton’s Civil Service regulations currently requ ire citizenship, without an
option for "lawful permanent residence", for its Commissioners. This ordinance will align the qualification
requirements of a commissioned Police Officer, with those of a Civil Service Commissioner. This change is
lawful under RCW 41.12.010, which allows cities to develop their own civil service regulations as long as the
regulations achieve the purpose of the RCW. This change also supports one of the pillars of the Renton
Business Plan, which states “Build an inclusive informed city with equitable outcomes for all in support of
social, economical, and racial justice” by establishing qualification requirements for a Civil Service
Commissioner to be equal to (and not more restrictive) than those for a Police Officer.
EXHIBITS:
A. Ordinance
STAFF RECOMMENDATION:
Adopt ordinance updating RMC 2-4-4, to revise the rules governing the qualification requirements for new civil
service commission members.
AGENDA ITEM #5. d)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
2‐4‐4 OF THE RENTON MUNICIPAL CODE, UPDATING CIVIL SERVICE MEMBER
APPOINTMENT REQUIREMENTS, PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 41.12.010 authorizes cities to develop their own civil service regulations
so long as such regulations substantially achieve the purpose of Chapter 41.12 RCW; and
WHEREAS, RCW 41.12.070 authorizes non‐citizen permanent United States residents to
serve as law enforcement officers; and
WHEREAS, the City’s minimum qualifications for City residents to serve on the Civil
Service Commission should not be more restrictive with regard to citizenship than the minimum
qualifications for police officers;
NOW, THEREFORE, 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 2‐4‐4 of the Renton Municipal Code is amended as follows:
2‐4‐4 APPOINTMENT AND MEMBERS:
The Civil Service Commission shall consist of five (5) members, who shall be
appointed by the Mayor. No person shall be appointed a member of such
Commission unless that person is a lawful permanent resident or citizen of the
United States, and a resident of the City for at least three one (31) years
AGENDA ITEM #5. d)
ORDINANCE NO. ________
2
immediately preceding such appointment, and is an elector of the county wherein
he or she resides.
SECTION III. 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 IV. This ordinance shall be in full force and effect thirty (30) days after
adoption. No later than five (5) days prior to such effective date, a summary of this ordinance
consisting of its title shall be published in the City’s official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐HR:2189:3/1/22
AGENDA ITEM #5. d)
AB - 3088
City Council Regular Meeting - 14 Mar 2022
SUBJECT/TITLE: Summer Experiences & Enrichment for Kids (SEEK) Funding
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Parks & Recreation Department
STAFF CONTACT: Carrie Nass, Recreation Division Director
EXT.: 6624
FISCAL IMPACT SUMMARY:
$129,472 from the Association of Washington Cities, Summer Experiences & Enrichment for Kids (SEEK) grant
will go towards expanding evidence-based, outdoor, summer enrichment programs/camps for youth in
kindergarten thru 7th grade.
SUMMARY OF ACTION:
The Association of Washington Cities is working in collaboration with Washington Parks and Recreation
Association and under the direction from Washington Office of Superintendent of Public Instruction to
provide evidence-based, outdoor, summer enrichment programs to youth in K-12 (ages 4-21). Funds for this
subcontract are intended to prevent, prepare for, or respond to the COVID -19 pandemic, including its impact
on the social, emotional, mental health, and academic needs of students. The City of Renton's Recreation
Division will use these grant funds to expand and enhance 2022 City of Renton summer camps, to be held
throughout the city in park settings (Kennydale Park, Teasdale Park, Tiffany Park, among other sites).
EXHIBITS:
A. SEEK Funding Opportunity Subcontractor Funding Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a grant agreement for $129,472 with Washington Association
of Cities and allocate grant funds to City of Renton Recreation Division.
AGENDA ITEM #5. e)
SEEK Funding Opportunity Subcontractor Funding Agreement
Association of Washington Cities
Service Subcontract (“Subcontract”) with
City of Renton - Recreation Division
through
Summer Experiences & Enrichment for Kids Fund (SEEK Fund)
A program of the Washington Office of Superintendent of Public Instruction
(OSPI)
For
Jurisdiction Name City of Renton - Recreation Division
Program Description 1. STREAM Team Summer Camp
Start date: April 15, 2022
End date: November 15, 2022
AGENDA ITEM #5. e)
FACE SHEET
1
Subcontract Number: 22-47
Association of Washington Cities (AWC)
Summer Experiences & Enrichment for Kids (SEEK) Fund
The Association of Washington Cities (AWC) is working in collaboration with and generally under the direction from OSPI to
provide evidence-based, outdoor, summer enrichment programs to youth in K-12 (ages 4-21). Funds for this subcontract
are intended to prevent, prepare for, or respond to the COVID-19 pandemic, including its impact on the social, emotional,
mental health, and academic needs of students.
1. Subcontractor 2. Subcontractor Doing Business As (optional)
3. Subcontractor Representative 4. AWC Representative
Jacob Ewing
Legislative Policy Analyst
(360) 753-4137
jacobe@awcnet.org
1076 Franklin Street SE
Olympia, WA
98501
5. Subcontract Amount 6. Start Date 7. End Date 8. Tax ID #
$129472 April 15, 2022 November 15, 2022
9. Subcontract Purpose
Carry out summer activities under the OSPI SEEK program as described in Attachment A.
AWC and the Subcontractor, as defined above, acknowledge and accept the terms of this Subcontract and attachments and have
executed this Subcontract on the date below to start as of the date and year referenced above. The rights and obligations of both
parties to this Subcontract are governed by this Subcontrac t and the following other documents incorporated by reference:
Subcontractor General Terms and Conditions including Attachment “A” – SEEK Application/Scope of Work; Attachment “B” – Project
Costs Worksheet; Attachment “C” – Subcontractor Data Collection; Attachment (D) – Subcontractor Agent(s); Attachment E -
Proclamation 21-14 COVID-19 Vaccination Certification.
FOR SUBCONTRACTOR FOR Association of Washington Cities
Date
Date
Last revision 11/23/2021
City of Renton - Recreation Division1055 S. Grady WayRenton, WA 98057
Carrie NassRecreation Division Directorcnass@rentonwa.gov 425-430-6624
91-6001271
N/A
AGENDA ITEM #5. e)
SEEK Funding Opportunity Subcontractor Funding Agreement
1. SUBCONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the Subcontract
contact person for all communications and billings regarding the performance of this Subcontract.
The Representative for AWC and their contact information are identified on the Face Sheet of this
Subcontract.
The Representative for the Subcontractor and their contact information are identified on the Face
Sheet of this Subcontract.
2. PAYMENT
AWC shall pay an amount not to exceed $129472 for the performance of all things necessary for or
incidental to the performance of work as set forth in the SEEK Application and described in
Attachment A. Subcontractor's compensation for services rendered shall be based on the completion
of duties as outlined in the SEEK application, in Attachment A, in accordance with the following
sections.
3. BILLING PROCEDURES AND PAYMENT
AWC will reimburse Subcontractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for AWC not more often than
monthly. Subcontractor will use the invoice form provided by AWC to request reimbursement.
The invoices shall describe and document, to AWC's satisfaction, a description of the work performed,
the progress of the project, and fees. The invoice shall include the Subcontract Number 22-47. A
receipt must accompany any single expenses in the amount of $50.00 or more in order to receive
reimbursement.
If errors are found in the submitted invoice or supporting documents, AWC will notify the
Subcontractor to make corrections in a timely manner, resubmit the invoice and/or supporting
documentation as requested, and notify AWC.
Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of
properly completed invoices. Payment shall be sent to the address designated by the Subcontractor.
AWC may, in its sole discretion, terminate the Subcontract or withhold payments claimed by the
Subcontractor for services rendered if the Subcontractor fails to satisfactorily comply with any term
or condition of this Subcontract.
No payments in advance or in anticipation of services or supplies to be provided under this
Subcontract shall be made by AWC.
Duplication of Billed Costs
The Subcontractor shall not bill AWC for services performed under this Subcontract, and AWC shall
not pay the Subcontractor, if the Subcontractor is entitled to payment or has been or will be paid by
any other source, including grants, for that service. This does not include fees charged for summer
recreation programs.
Disallowed Costs
The Subcontractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
AGENDA ITEM #5. e)
SEEK Funding Opportunity Subcontractor Funding Agreement
Final Reimbursement and Reporting Deadline
When the project is completed the Subcontractor must submit a final invoice, final report, and
supporting documents needed to close out the project no later than October 1, 2022.
AWC shall withhold 10 percent (10%) from each payment until acceptance by AWC of the final
reporting from the Subcontractor has been submitted and verified.
4. SUBCONTRACTOR DATA COLLECTION/REPORTING REQUIREMENTS
Subcontractor will submit reports, in a form and format to be provided by AWC (See Attachment C).
Data must be provided to AWC along with final billing.
5. AGENT(S)
Agent(s) in this contract refers to any third-party entity and its employees that the Subcontractor has
subcontracted with to provide services funded through this agreement. The Subcontractor is
responsible for ensuring that any agent complies with the provision herein.
Any of the Subcontractor’s agent(s) that will provide director supervision of youth through programs
funded by this contract must be listed in Attachment D – Subcontractor Agent(s) and must provide
proof of insurance per Section 6 of this document.
6. INSURANCE
a. Workers’ Compensation Coverage. The Subcontractor shall at all times comply with all applicable
workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and
regulations to the fullest extent applicable. This requirement includes the purchase of industrial
insurance coverage for the Subcontractor’s employees, as may now hereafter be required of an
“employer” as defined in Title 51 RCW. Such workers’ compensation and occupational disease
requirements shall include coverage for all employees of the Subcontractor, and for all employe es of
any subcontract retained by the Subcontractor, suffering bodily injury (including death) by accident
or disease, which arises out of or in connection with the performance of this Subcontract. Satisfaction
of these requirements shall include, but shall not be limited to:
i. Full participation in any required governmental occupational injury and/or
disease insurance program, to the extent participation in such a program is
mandatory in any jurisdiction;
ii. Purchase workers’ compensation and occupational disease insurance benefits to
employees in full compliance with all applicable laws, statutes, and regulations,
but only to the extent such coverage is not provided under mandatory
governmental program in “a” above, and/or;
iii. Maintenance of a legally permitted and governmentally approved program of
self-insurance for workers’ compensation and occupational disease.
Except to the extent prohibited by law, the program of the Subcontractor’s compliance with workers’
compensation and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall
provide for a full waiver of rights of subrogation against AWC, its directors, officers, and employees.
AGENDA ITEM #5. e)
SEEK Funding Opportunity Subcontractor Funding Agreement
If the Subcontractor, or any agent retained by the Subcontractor, fails to effect and maint ain a
program of compliance with applicable workers’ compensation and occupational disease laws,
statutes, and regulations and AWC incurs fines or is required by law to provide benefits to such
employees, to obtain coverage for such employees, the Contractor will indemnify AWC for such fines,
payment of benefits to Subcontractor or Subcontractor employees or their heirs or legal
representatives, and/or the cost of effecting coverage on behalf of such employees. Any amount
owed AWC by the Subcontractor pursuant to the indemnity may be deducted from any payments
owed by AWC to the Subcontractor for the performance of this Subcontract.
b. Automobile Insurance. In the event that services delivered pursuant to this Subcontract involve
the use of vehicles, owned or operated by the Subcontractor, automobile liability insurance shall be
required. The minimum limit for automobile liability is:
$1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage.
c. Business Automobile Insurance. In the event that services performed under this Subcontract
involve the use of vehicles or the transportation of clients, automobile liability insurance shall be
required. If Subcontractor-owned personal vehicles are used, a Business Automobile polic y
covering a minimum Code 2 “owned autos only” must be secured. If the Subcontractor’s
employees’ vehicles are used, the Subcontractor must also include under the Business
Automobile policy Code 9, coverage for “non-owned autos.” The minimum limits for automobile
liability is:
$1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage.
d. Public Liability Insurance (General Liability). The Subcontractor shall at all times during the term
of this Subcontract, at its cost and expense, carry and maintain general public liability insurance,
including contractual liability, against claims for bodily injury, personal injury, death, or property
damage occurring or arising out of services provided under this Subcontract. This insurance shall
cover such claims as may be caused by any act, omission, or negligence of the Subcontractor or
its officers, agents, representatives, assigns or servants. The limits of liability insurance, which
may be increased from time to time as deemed necessary by AWC, with the approval of the
Subcontractor (which shall not be unreasonably withheld), shall not be less than as follows:
Each Occurrence $1,000,000
Products-Completed Operations Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Fire Damage Limit (any one fire) $ 50,000
e. Local Governments that Participate in a Self-Insurance Program.
Alternatively, Subcontractors may maintain a program of self-insurance or participate in
aproperty/liability pool with adequate limits to comply with the Subcontract insurance
requirements or as is customary to the contractor or subcontractor’s business,
operations/industry, and the performance of its respective obligations under this Subcontract.
AGENDA ITEM #5. e)
SEEK Funding Opportunity Subcontractor Funding Agreement
f. Additional Insured. The Office of Superintendent of Public Instruction, and the Association of
Washington Cities, shall be specifically named as an additional insured on all policies, including
Public Liability and Business Automobile, except for liability insurance on privately-owned
vehicles, and all policies shall be primary to any other valid and collectible insurance.
AWC and OSPI may waive the requirement to be specially named as an additional insured on
policies, including Public Liability and Business Automobile, provided that the Subcontractor
provides: (1) a description of its self-insurance program, and (2) a certificate and/or letter of
coverage that outlines coverage limits and deductibles. All self-insured risk management
programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the
Office of Risk Management and Local Government Self Insurance Program, the Washington
State Auditor’s reporting requirements and all related federal and state regulations.
Subcontractors participating in a joint risk pool shall maintain sufficient documentation to support
the aggregate claim liability information reported on the balance sheet. The AWC and OPSI, its
agents, and employees need not be named as additional insured under a self -insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
g. Proof of Insurance. Certificates and or evidence satisfactory to the AWC confirming the existence,
terms and conditions of all insurance required above shall be delivered to AWC within five (5)
days of the Subcontractor’s receipt of Authorization to Proceed.
h. General Insurance Requirements. Subcontractor shall, at all times during the term of the
Subcontract and at its cost and expense, buy and maintain insurance of the types and amounts
listed above. Failure to buy and maintain the required insurance may result in the termination of
the Subcontract at AWC’s option. By requiring insurance herein, AWC does not represent that
coverage and limits will be adequate to protect Subcontractor and such coverage and limits shall
not limit Subcontractor’s liability under the indemnities and reimbursements granted to AWC in
this Subcontract.
Subcontractor shall include all agents of the Subcontractor as insureds under all required
insurance policies, or shall furnish proof of insurance and endorsements for each agent. Agent(s)
must comply fully with all insurance requirements stated herein. Failure of agent(s) to comply
with insurance requirements does not limit Subcontractor’s liability or responsibility.
7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Subcontract and Subcontractor General Terms and Conditions
• Attachment A – SEEK Application & Scope of Work
• Attachment B – Budget and Project Costs Worksheet
• Attachment C – Subcontractor Reporting Requirements
• Attachment D – Subcontractor Agent(s)
• Attachment E - Proclamation 21-14 COVID-19 Vaccination Certification
AGENDA ITEM #5. e)
SEEK Funding Opportunity Subcontractor Funding Agreement
SUBCONTRACTOR GENERAL TERMS AND CONDITIONS
1. Access to Data. In compliance with Chapter 39.26 RCW, the Subcontractor shall provide access to
data generated under this Subcontract to AWC, and to the extent necessary to comply with RCW
39.26, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost.
This includes access to all information that supports the findings, conclusions, and recommendations
of the Subcontractor’s reports, including computer models and methodology for those models.
2. Alterations and Amendments. This Subcontract may be amended only by mutual agreement of the
parties in writing. Such amendments shall not be binding unless they are in writing and signed by
personnel authorized to bind each of the parties.
3. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the “ADA” 28
CFR Part 35. In relation to this Subcontract, the Subcontractor must comply with the ADA, which
provides comprehensive civil rights protection to individuals with disabilities in the areas of
employment, public accommodations, state and local government services, and telecommunications.
4. Assignment. Neither this Subcontract, nor any claim arising under this Subcontract, shall be
transferred or assigned by the Subcontractor without prior written consent of AWC.
5. Assurances. AWC and the Subcontractor agree that all activity pursuant to this Subcontract will be in
accordance with all applicable current federal, state and local laws, rules and regulations.
6. Attorney’s Fees. In the event of litigation or other action brought to enforce contract terms, each
party agrees to bear its own attorney’s fees and costs.
7. Budget Revisions. Any monetary amount budgeted by the terms of this Subcontract for various
activities and line item objects of expenditure, as outlined in Attachment B – Budget and Project Costs
Worksheet, may be revised without prior written approval of AWC, so long as the revision is no more
than ten percent (10%) of the original line item amount and the increase in an amount is offset by a
decrease in one or more other amounts equal to or greater than the increase. All other budget
revisions exceeding ten percent (10%) shall only be made with the prior written approval of AWC.
Subcontractor will use the funding change request form provided by AWC to request these budget
revisions.
8. Certification Regarding Debarment, Suspension, and Ineligibility. The Subcontractor certifies that
neither it nor its principals are debarred, suspended, proposed for debarment, or voluntarily excluded
from participation in transactions by any federal department or agency. The Subcontractor further
certifies that they will ensure that potential subcontractors or any of their principals are not debarred,
suspended, proposed for debarment, or voluntarily excluded from participation in covered
transactions by any federal department or agency. “Covered transactions” include procurement
contracts for goods that are expected to equal or exceed twenty-five thousand dollars ($25,000).
Subcontractor may do so by obtaining a certification statement from the potential subcontractor or
subrecipient or by checking online at the System for Award Management (SAM), Excluded Parties List.
The Subcontractor shall immediately notify the AWC if, during the term of this subcontract,
Subcontractor becomes debarred. AWC may immediately terminate this Subcontract by providing
Subcontractor written notice if Subcontractor becomes debarred during the term of this Subcontract.
AGENDA ITEM #5. e)
SEEK Funding Opportunity Subcontractor Funding Agreement
The Subcontractor also certifies that neither it nor its principals are debarred, suspended, or proposed
for debarment from participation in transactions by any state department or agency. The
Subcontractor further certifies that they will ensure that potential subcontractors or any of their
principals are not debarred, suspended, or proposed for debarment from participation in covered
transactions by any state department or agency.
9. Certification Regarding Lobbying. The Subcontractor certifies that Federal-appropriated funds will
not be used to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress or an employee of
a member of Congress in obtaining any Federal contract, grant or any other award covered by 31 USC
1352. Subcontractor shall require its agents to certify compliance with this provision.
10. Certification Regarding Wage Violations. The Subcontractor certifies that within three (3) years prior
to the date of execution of this Subcontract, Subcontractor has not been determined by a final and
binding citation and notice of assessment issued by the Washington Department of Labor and
Industries or through a civil judgment entered by a court of limited or general jurisdiction to have
willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52.
The Subcontractor further certifies that it will remain in compliance with these requirements during
the term of this Subcontract. Subcontractor will immediately notify AWC of any finding of a willful
violation entered by the Washington Department of Labor and Industries or through a civil judgment
entered by a court of limited or general jurisdiction entered during the term of this Subcontract.
11. Change in Status. In the event of substantive change in the legal status, organizational structure, or
fiscal reporting responsibility of the Subcontractor, Subcontractor agrees to notify AWC of the change.
Subcontractor shall provide notice as soon as practicable, but no later than thirty (30) days after such
a change takes effect.
12. Confidentiality. The Subcontractor acknowledges that all of the data, material and information which
originates from this Subcontract, and any student assessment data, material and information which
will come into its possession in connection with performance under this Subcontract, consists of
confidential data owned by AWC or confidential personally identifiable data subject to the federal
Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) or other privacy
laws, and that the data must be secured and protected from unauthorized disclosure by the
Subcontractor. The Subcontractor is wholly responsible for compliance with FERPA requirements.
The Subcontractor, therefore, agrees to hold all such material and information in strictest confidence,
not to make use thereof other than for the performance of this Subcontract, to release it only to
authorized employees and agents requiring such information and not release or disclose it to any
other party. The Subcontractor agrees to release such information or material only to employees and
agents who have signed a written agreement expressly prohibiting disclosure or usages not
specifically authorized by this Subcontract. The parties acknowledge the release of records may be
subject to the Public Records Act, RCW 42.56, and further acknowledge that Washington law and
court order may compel disclosure of certain records; this provision does not apply to records
compelled by law or court order.
13. Copyright Provisions. Unless otherwise provided, all Materials produced under this Contract shall be
considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the
AGENDA ITEM #5. e)
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Superintendent of Public Instruction (Superintendent). The Superintendent shall be considered the
author of such Materials. If Materials are not considered “works for hire”, Subcontractor hereby
irrevocably assigns all right, title, and interest in Materials, including all intellectual property rights, to
the Superintendent effective from the moment of creation of such Materials.
Materials means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. Copyright ownership includes the right to patent, register and the ability
to transfer these rights.
Subcontractor understands that, except where otherwise agreed to in writing or approved by the
Superintendent or designee, all original works of authorship produced under this Contract shall carry
a Creative Commons Attribution License, version 4.0 or later.
All Materials the Subcontractor has adapted from others’ existing openly licensed resources must be
licensed with the least restrictive open license possible that is not in conflict with existing licenses.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, Subcontractor will license the materials to allow others to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the
Subcontractor would like to limit these pre-existing portions of the work to non-commercial use, the
Creative Commons Attribution-NonCommercial-ShareAlike license, version 4.0 or later, is acceptable
for these specific sections.
The Subcontractor warrants and represents that Subcontractor has all rights and permissions,
including intellectual property rights, moral rights and rights of publicity, necessary to apply such a
license.
The Subcontractor shall exert all reasonable effort to advise the Superintendent, at the time of
delivery of data furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Superintendent shall receive prompt written notice of each notice or claim of
infringement received by the Subcontractor with respect to any data delivered under this Contract.
The Superintendent shall have the right to modify or remove any restrictive markings placed upon the
data by the Subcontractor.
14. Covenant Against Contingent Fees. The Subcontractor warrants that no person or selling agent has
been employed or retained to solicit or secure this Subcontract upon an agreement or understanding
for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona
fide established agent maintained by the Subcontractor for the purpose of securing business. AWC
shall have the right, in the event of breach of this clause by the Subcontractor, to annul this
Subcontract without liability or, in its discretion, to deduct from the contract price or consideration
or recover by other means the full amount of such commission, percentage, brokerage or contingent
fees.
15. Disputes. In the event that a dispute arises under this Subcontract, the parties will use their best
efforts to amicably resolve any dispute, including use of alternative dispute resolution options.
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16. Duplicate Payment. AWC shall not pay the Subcontractor, if the Subcontractor has charged or will
charge the State of Washington or any other party under any other contract or agreement, for the
same services or expenses.
17. Entire Agreement. This Subcontract contains all the terms and conditions agreed upon by the parties.
No other understandings, oral or otherwise, regarding the subject matter of this Subcontract shall be
deemed to exist or to bind any of the parties hereto.
18. Ethical Conduct. Neither the Subcontractor nor any employee or agent of the Subcontractor shall
participate in the performance of any duty or service in whole or part under this Subcontract in
violation of, or in a manner that violates any provision of the Ethics in Public Service law at Chapter
42.52 RCW, RCW 42.17A.550, RCW 42.17A.555, and 41.06.250 prohibiting the use of public resources
for political purposes.
19. Governing Law and Venue. This Subcontract shall be construed and interpreted in accordance with
the laws of the State of Washington and the venue of any action brought hereunder shall be in
Superior Court for Thurston County.
20. Indemnification. To the fullest extent permitted by law, Subcontractor shall indemnify, defend and
hold harmless AWC and all officials, agents, and employees of AWC, from and against all claims for
injuries or death arising out of or resulting from the performance of this Subcontract. “Claim” as used
in this Subcontract, means any financial loss, claim, suit, action, damage, or expense, including but
not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or
destruction of tangible property including loss of use resulting therefrom. Additionally, ‘”claims” shall
include but not be limited to, assertions that the use or transfer of any software, book, document,
report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an
infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade
practice or in unlawful restraint of competition. Subcontractor’s obligation to indemnify, defend and
hold harmless includes any claim by Subcontractor’s agents, employees, representatives, or any
subcontractor or its employees.
Subcontractor expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims,
costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident
to Subcontractor’s or its subcontractor’s performance or failure to perform the
Subcontract. Subcontractor’s obligation to indemnify, defend, or hold harmless AWC shall not be
eliminated or reduced by any actual or alleged concurrent negligence by AWC, or their agents,
employees, or officials.
Subcontractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless AWC, and their agents, employees, or officials.
21. Independent Capacity of the Subcontractor. The parties intend that an independent Subcontractor
relationship will be created by this Subcontract. The Subcontractor and his/her employees or agents
performing under this Subcontract are not employees or agents of AWC. The Subcontractor will not
hold itself out as nor claim to be an officer or employee of AWC, the Superintendent or of the state
of Washington by reason hereof, nor will the Subcontractor make any claim or right, privilege, or
benefit which would accrue to such employee under law. Conduct and control of the work will be
solely with the Subcontractor.
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22. Licensing and Accreditation Standards. The Subcontractor shall comply with all applicable local,
state, and federal licensing, accreditation and registration requirements/standards, necessary to the
performance of this Subcontract.
23. Limitation of Authority. Only AWC or AWC’s delegate by writing (delegation to be made prior to
action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any
clause or condition of this Subcontract. Furthermore, any alteration, amendment, m odification, or
waiver or any clause or condition of this Subcontract is not effective or binding unless made in writing
and signed by AWC.
24. Non-Discrimination. The Subcontractor shall comply with all the federal and state non-discrimination
laws, regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall,
on the ground of sex, race, creed, religion, color, national origin, marital status, families with children,
age, veteran or military status, sexual orientation, gender expression, gender identity, disability, or
the use of a trained dog guide or service animal, be unlawfully excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any activity performed by
the Subcontractor and its agents under this Subcontract. The Subcontractor shall notify AWC
immediately of any allegations, claims, disputes, or challenges made against it under non -
discrimination laws, regulations, or policies, or under the Americans with Disabilities Act. In the event
of the Subcontractor’s noncompliance or refusal to comply with this nondiscrimination provision, this
Subcontract may be rescinded, cancelled or terminated in whole or part, and the Subcontractor may
be declared ineligible for further contracts with AWC.
25. Overpayments. Subcontractor shall refund to AWC the full amount of any overpayment under this
Subcontract within thirty (30) calendar days of written notice. If Subcontractor fails to make a prompt
refund, AWC may charge Subcontractor one percent (1%) per month on the amount due until paid in
full.
26. Public Disclosure. Subcontractor acknowledges that AWC is subject to the Washington State Public
Records Act, Chapter 42.56 RCW, and AWC acknowledges that the Subcontractor is subject to the
Washington State Public Records Act, Chapter 42.56 RCW, and that this Subcontract shall be a public
record as defined in RCW 42.56. Any specific information that is claimed by either party to be
confidential or proprietary must be clearly identified as such by that party. To the extent consistent
with chapter 42.56 RCW, each party shall attempt reasonably to maintain the confidentiality of all
such information marked confidential or proprietary. If a request is made to view such information,
the party receiving the public records request will notify the other party of the request and the date
that such records will be released to the requester unless the other party obtains a court order
enjoining that disclosure. If such party fails to obtain the court order enjoining disclosure, the party
receiving the records request will release the requested information on the date specified.
27. Publicity. The Subcontractor agrees to submit to AWC all advertising and publicity matters relating
to this Subcontract which in the AWC’s judgment, AWC or the Superintendent’s name can be implied
or is specifically mentioned. The Subcontractor agrees not to publish or use such advertising and
publicity matters without the prior written consent of AWC.
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28. Registration with Department of Revenue. The Subcontractor shall complete registration with the
Department of Revenue and be responsible for payment of all taxes due on payments made under
this Subcontract.
29. Records Maintenance. The Subcontractor shall maintain all books, records, documents, data and other
evidence relating to this Subcontract and performance of the services described herein, including but not
limited to accounting procedures and practices which sufficiently and properly reflect all direct and
indirect costs of any nature expended in the performance of this Subcontract. Subcontractor shall retain
such records for a period of six years following the date of final payment. At no additional cost, these
records, including materials generated under the Subcontract, shall be subject at all reasonable times to
inspection, review or audit by the AWC or the Superintendent, personnel duly authorized by AWC or the
Superintendent, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
30. Right of Inspection. The Subcontractor shall provide right of access to its facilities utilized under this
Subcontract to AWC or any of its officers responsible for executing the terms of this Subcontract at all
reasonable times, in order to monitor and evaluate performance, c ompliance, and/or quality
assurance under this Subcontract on behalf of AWC. All inspections and evaluations shall be
performed in such a manner that will not unduly interfere with the Subcontractor’s business or work
hereunder.
31. Severability. The provisions of this Subcontract are intended to be severable. If any term or provision
is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity
of the remainder of the Contract.
32. Subcontracting. Neither the Subcontractor nor any agent of the Subcontractor shall enter into
subcontracts for any of the work contemplated under this Subcontract without obtaining prior written
approval of AWC. Subcontractor is responsible to ensure that all terms, conditions, assuranc es and
certifications set forth in this Subcontract are included in any and all Subcontracts. In no event shall
the existence of the subcontract operate to release or reduce liability of the Subcontractor to the AWC
for any breach in the performance of the Subcontractor’s duties. This clause does not include
contracts of employment between the Subcontractor and personnel assigned to work under this
Subcontract.
If, at any time during the progress of the work, AWC determines in its sole judgment that any agent
of the Subcontractor is incompetent, AWC shall notify the Subcontractor, and the Subcontractor shall
take immediate steps to terminate the agent's involvement in the work. The rejection or approval by
AWC of any agent or the termination of an agent shall not relieve the Subcontractor of any of its
responsibilities under the Subcontract, nor be the basis for additional charges to AWC.
33. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other
taxes, insurance or other expenses for the Subcontractor or its staff shall be the sole responsibility of
the Subcontractor.
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34. Technology Security Requirements. The security requirements in this document reflect the applicable
requirements of Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the Chief Information
Officer for the state of Washington, which by this reference are incorporated into this agreement.
The Subcontractor acknowledges it is required to comply with WaTech Office of Chief Information
Officer (OCIO) IT Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information
Technology Assets. OCIO IT Security Standard 141.10, Securing Information Technology Assets,
applies to all Superintendent assets stored as part of a service, application, data, system, portal,
module, components or plug-in product(s) that are secured as defined by the WaTech OCIO's IT
Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information Technology Assets.
As part of OCIO IT Security Standard 141.10, a design review checklist and/or other action may b e
required. These activities will be managed and coordinated between AWC and the Subcontractor.
Any related costs to performing these activities shall be at the expense of the Subcontractor. Any such
activities and resulting checklist and/or other products must be shared with AWC.
35. Termination for Convenience. Except as otherwise provided in this Subcontract, the Superintendent
or Superintendent’s Designee may, by ten (10) days written notice, beginning on the second day after
the mailing, terminate this Subcontract in whole or in part. The notice shall specify the date of
termination and shall be conclusively deemed to have been delivered to and received by the
Subcontractor as of midnight the second day of mailing in the absence of proof of actual deliv ery to
and receipt by the Subcontractor. If this Subcontract is so terminated, AWC shall be liable only for
payment required under the terms of the Subcontract for services rendered or goods delivered prior
to the effective date of termination.
36. Termination for Default. In the event AWC determines the Subcontractor has failed to comply with
the conditions of this Subcontract in a timely manner, AWC has the right to suspend or terminate this
Subcontract. AWC shall notify the Subcontractor in writing of the need to take corrective action. If
corrective action is not taken within thirty (30) days, the Subcontract may be terminated. AWC
reserves the right to suspend all or part of the Subcontract, withhold further payments, or prohibit
the Subcontractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Subcontractor or a decision by AWC to
terminate the Contract. In the event of termination, the Subcontractor shall be liable for damages as
authorized by law including, but not limited to, any cost difference between the original Subcontract
and the replacement or cover Subcontract and all administrative costs directly related to the
replacement Subcontract, e.g., cost of the competitive bidding, mailing, advertising and staff time.
The termination shall be deemed to be a "Termination for Convenience" if it is determined that the
Subcontractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault
or negligence. The rights and remedies of the AWC provided in this Subcontract are not exclusive and
are in addition to any other rights and remedies provided by law.
37. Termination Due to Funding Limitations or Contract Renegotiation, Suspension. In the event
funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the
effective date of this Subcontract and prior to normal completion of this Subcontract, with the notice
specified below and without liability for damages:
a. At AWC’s discretion, AWC may give written notice of intent to renegotiate the Subcontract
under the revised funding conditions.
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b. At AWC’s discretion, AWC may give written notice to Subcontractor to suspend performance
when AWC determines there is reasonable likelihood that the funding insufficiency may be
resolved in a timeframe that would allow Subcontractor’s performance to be resumed.
(1) During the period of suspension of performance, each party will inform the other of
any conditions that may reasonably affect the potential for resumption of
performance.
(2) When AWC determines that the funding insufficiency is resolved, it will give the
Subcontractor written notice to resume performance, and Subcontractor shall
resume performance.
(3) Upon the receipt of notice under b. (2), if Subcontractor is unable to resume
performance of this Subcontract or if the Subcontractor’s proposed resumption date
is not acceptable to AWC and an acceptable date cannot be negotiated, AWC may
terminate the Subcontract by giving written notice to the Subcontractor. The parties
agree that the Subcontract will be terminated retroactive to the date of the notice of
suspension. AWC shall be liable only for payment in accordance with the terms of this
Subcontract for services rendered prior to the retroactive date of termination.
c. AWC may immediately terminate this Subcontract by providing written notice to the
Subcontractor. The termination shall be effective on the date specified in the termination
notice. AWC shall be liable only for payment in accordance with the terms of this Subcontract
for services rendered prior to the effective date of termination. No penalty shall accrue to
AWC in the event the termination option in this section is exercised.
d. For purposes of this section, “written notice” may include email.
38. Termination Procedure. Upon termination of this Subcontract the AWC, in addition to other rights
provided in this Subcontract, may require the Subcontractor to deliver to AWC any property
specifically produced or acquired for the performance of such part of this Contract as has been
terminated. The provisions of the “Treatment of Assets” clause shall apply in such property transfer.
The AWC shall pay to the Subcontractor the agreed upon price, if separately stated, for completed
work and services accepted by AWC and the amount agreed upon by the Subcontractor and AWC for
(a) completed work and services for which no separate price is stated, (b) partially completed work
and services, (c) other property or services which are accepted by AWC, and (d) the protection and
preservation of the property, unless the termination is for default, in which case AWC shall determine
the extent of the liability. Failure to agree with such determination sha ll be a dispute within the
meaning of the “Disputes” clause for this Subcontract. The AWC may withhold from any amounts due
to the Subcontractor such sum as AWC determines to be necessary to protect AWC against potential
loss or liability.
The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law under this Subcontract.
AGENDA ITEM #5. e)
SEEK Funding Opportunity Subcontractor Funding Agreement
After receipt of a notice of termination, and except as otherwise directed by the Superintendent, the
Subcontractor shall:
a. Stop work under this Subcontract on the date and to the extent specified, in the notice;
b. Place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the work under the Subcontract that is not
terminated;
c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights,
title, and interest of the Subcontractor under the orders and subcontracts in which case AWC
has the right, at its discretion, to settle or pay any or all claims arising out of the termination
of such orders and subcontracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of AWC to the extent the AWC may require,
which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed
by AWC, any property which, if the Subcontract had been completed, would have been
required to be furnished to AWC;
f. Complete performance of such part of the work not terminated by AWC; and
g. Take such action as may be necessary, or as AWC may direct, for the protection and
preservation of the property related to this Subcontract which, in is in the possession of the
Subcontractor and in which AWC has or may acquire an interest.
39. Treatment of Assets. Except as otherwise provided for in the Subcontract, the ownership and title to
all real property and all personal property exceeding a value of $5,000 purchased by the Subcontractor
in the course of performing this Subcontract with moneys paid by the Superintendent shall vest in the
Superintendent, except for supplies consumed in performing this Subcontract. The Subcontractor
shall (1) maintain a current inventory of all the real and personal property; (2) label all the property
“State of Washington, Superintendent of Public Instruction”; and, (3) surrender property and title to
the Superintendent without charge prior to settlement upon completion, termination or cancellation
of this Contract.
If any property is lost, destroyed, or damaged, the Subcontractor shall notify the Superintendent and
take all reasonable steps to protect the property from further damage.
All reference to the Subcontractor under this clause shall include Subcontractor’s employees and
agents.
40. Waiver. A failure by either part to exercise its rights under this Subcontract shall not preclude that
party from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this agreement. Waiver of any default or breach shall not be deemed to be a waiver of any
subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of
AGENDA ITEM #5. e)
SEEK Funding Opportunity Subcontractor Funding Agreement
this Subcontract unless stated to be such in writing and signed by personnel authorized to bind e ach
of the parties.
AGENDA ITEM #5. e)
16
Attachment A
SEEK Application & Scope of Work
Insert detailed project description as included in the Funding Opportunity application & Attach SEEK
Funding Application
STREAM Team Summer Camp
STREAM Team is the City of Renton’s out-of-school time program that focuses on science,
technology, recreation, environment, arts and math, for youth ages 5 to 14. This program plays a critical
role in keeping youth socially connected, active and healthy. The overall goal of STREAM Team is that
youth are thriving and demonstrate persistence, confidence, problem solving skills, interest in learning,
and leadership readiness after engaging in an array of cultural arts, recreational, science, and technology
program activities, where they learn and develop skills. It is designed to empower youth with the skills
to be socially, emotionally, and academically successful throughout their academic careers and beyond.
Our first indicator of success is that youth are flourishing and resilient – they are thriving and
persistent; able to recognize their strengths and believe in their ability to succeed. Recent evaluation
data indicated that 69% of youth in STREAM Team do new things they did not think they could do and
71% are responsible to finish something that is challenging. Our second indicator of success is that youth
have positive social emotional development - youth consider others’ ideas; interact with and show
respect to peers; and take responsibility for their actions. 74% of STREAM Team participants learned to
respect people they interact with and 63% learned we can celebrate how people have different
languages, culture, and abilities.STREAM Team is offered weekday afternoons throughout the school
year, and as a full-day camp during summer months. For summer 2022, STREAM Team camps will be
held at three neighborhood parks located throughout Renton (Tiffany Park, Kennydale Park, and
Teasdale Park) to allow campers access to extensive park amenities and outdoor spaces throughout
Renton. Summer camp will run Monday through Friday, 7am to 6pm, with core hours 9am to 5pm.
Camp is nine weeks long, from June 27th to August 26th. The early and late hours will allow for working
parents to drop-off and pick-up as needed, to accommodate their workday. Approximately 80% (6-7
hours/day) of the camp will be held outside and moved inside to park buildings when necessary due to
heat or other unforeseen weather conditions.STREAM Team camps will be led by City of Renton
recreation staff, who are all trained in the Youth Program Quality Initiative which focuses on continuous
quality improvement and social emotional support learning. If funded we will be able to offer STREAM
Team campers enhanced, high quality environment and STE M focused programs through partnerships
with the following local non-profits: Environmental Science Center, Coyle Outside, Coast and Forest, and
Snapology. Environmental Science Center will provide weekly outdoor-based environmental education
activities, lessons and field trips. Coyle Outside will provide programs to teach youth survival and
wilderness skills such as shelter building, navigation, fire safety, orienteering, tracking, and foraging,
along with ninja warrior and parkour movement classes. Coast & Forest will provide a weekly nature
journal program, and Snapology will run engaging hands-on, interactive learning activities, to enhance
creativity and the love of learning by utilizing LEGO® bricks, K’Nex and technology. Weekly STEM
related field trips will be an added component to camp as well. If funded, we will also be able to offer
swimming lessons and water safety at Henry Moses Aquatic Center. Swim lessons and water safety are a
luxury usually reserved for families that can afford to pay for lessons. However, we are working to
overcome this barrier by providing water safety courses and swim lessons embedded in our day camp
program that will provide access for many youth that might not otherwise have access to them. Weekly
camp fees will be $190 for Renton residents and $230 for non-residents. Full scholarships will be
AGENDA ITEM #5. e)
17
provided to all youth/families that indicate a financial need, to ensure that costs are not a barrier for
participation.
AGENDA ITEM #5. e)
18
Attachment B
Budget & Project Costs Worksheet
Budget (as presented in the SEEK application Project Costs Worksheet)
Project: STREAM Team Summer Camp
Project Costs Summer 2022
Staff $
Equipment & supplies (i.e. sports equipment,
art supplies, or water and snacks) (must be
directly related to program being offered)
$4000
Scholarships or subsidies $5750
Transportation $7200
Facilities $
Professional Services (please be specific on
type of service) $61522
Fees (such as entrance fees for field trips) $51000
**Meals $
Other (please specify) $
TOTAL $129472
AGENDA ITEM #5. e)
19
Attachment C
Subcontractor Reporting Requirements
Reports must contain the following information:
• Describe the K-12-aged (4 to 21) youth who participated through this program including
disaggregated data about student age range, gender, race/ethnicity, FRPL status, and other
student information.
• Describe the type of program funded and the geographic area served.
• Explain how the program targeted youth populations were recruited to participate.
• Explain how these funds were used to create more access to underserved and/or economically
disadvantaged youth.
• What disproportionately impacted communities did the summer recreation program serve?
• Discuss program successes and challenges.
AGENDA ITEM #5. e)
20
Attachment D
Subcontractor Agent(s)
List any Subcontractor Agent(s) that will provide director supervision of youth in a program funded
through SEEK.
Name of Agent Address
Environmental Science Center 126 SW 148th Street, Suite C100-90 Burien, WA 98166
Coyle Outside PO Box 2389, Corvallis, OR 97339
Snapology 15990 NE 119TH CT, Redmond, WA
Coast and Forest 19264 98th Ave S, Renton, WA 90955
AGENDA ITEM #5. e)
21
Attachment E
Proclamation 21-14 COVID-19 Vaccination Certification
To reduce the spread of COVID-19, Washington state Governor Jay Inslee, pursuant to emergency
powers authorized in RCW 43.06.220, issued Proclamation 21-14 – COVID-19 Vaccination Requirement
(dated August 9, 2021), as amended by Proclamation 21-14.1 – COVID-19 Vaccination Requirement
(dated August 20, 2021) and as amended by Proclamation 21-14.2 – COVID-19 Vaccination Requirement
(dated September 27, 2021), and as may be amended thereafter. The Proclamation requires contractors
who have goods, services, or public works contracts with a Washington state agency to ensure that their
personnel (including subcontractors and agents) who perform contract activities on-site comply with the
COVID-19 vaccination requirements, unless exempted as prescribed by the Proclamation. AWC is under
contract with OSPI and as such is required to meet these requirements and ensure that any
subcontractors also comply.
By entering into this agreement, the Subcontractor agrees to comply as follows:
1. Has reviewed and understands Subcontractor’s obligations as set forth in Proclamation 21-14 –
COVID-19 Vaccination Requirement (dated August 9, 2021), as amended by Proclamation 21-
14.1 – COVID-19 Vaccination Requirement (dated August 20, 2021), and as amended by
Proclamation 21-14.2 – COVID-19 Vaccination Requirement (dated September 27, 2021);
2. Has developed a COVID-19 Vaccination Verification Plan for Subcontractor’s personnel
(including agents) that complies with the above-referenced Proclamation;
3. Has obtained a copy or visually observed proof of full vaccination against COVID-19 for
Subcontractor personnel (including agents) who are subject to the vaccination requirement in
the above-referenced Proclamation;
4. Complies with the requirements for granting disability and religious accommodations for
Subcontractor personnel (including agents) who are subject to the vaccination requirement in
the above-referenced Proclamation;
5. Has operational procedures in place to ensure that any contract activities that occur in person
and on-site at OSPI premises (other than only for a short period of time during a given day and
where any moments of close proximity to others on-site will be fleeting – e.g., a few minutes for
deliveries) that are performed by Subcontractor personnel (including agents) will be performed
by personnel who are fully vaccinated or properly exempted as required by the above-
referenced Proclamation;
6. Has operational procedures in place to enable Subcontractor personnel (including agents) who
perform contract activities on-site and at OSPI premises to provide compliance documentation
that such personnel are in compliance with the above referenced Proclamation;
7. Will provide to OSPI or AWC, upon request, Subcontractor’s COVID-19 Vaccination Verification
Plan and related records, except as prohibited by law, and will cooperate with any investigation
or inquiry pertaining to the same.
AGENDA ITEM #5. e)
AB - 3085
City Council Regular Meeting - 14 Mar 2022
SUBJECT/TITLE: Final Acceptance and Release of Retainage Bond for Sunset
Neighborhood Park, Phase 2, CAG-19-243
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Parks & Recreation Department - PPNR
STAFF CONTACT: Alan J. Wyatt, Capital Projects Manager
EXT.: 6571
FISCAL IMPACT SUMMARY:
Final Acceptance and Release of Retainage Bond for CAG-19-243.
SUMMARY OF ACTION:
The Parks and Recreation Department submits CAG-19-243, Sunset Neighborhood Park, Phase 2, for Final
Acceptance and Release of Retainage Bond. Work commenced on the project on October 31, 2019 and was
completed on March 31, 2021. Final completion of the pr oject was granted on January 28, 2022. The
contractor, Terra Dynamics, Inc. met the terms of the contract by providing the materials, labor, and
equipment to construct the site improvements for phase 2 of the Sunset Neighborhood Park, Phase 2
including: playground for ages 2 to 5 and 6 to 12 with poured-in-place surfacing, shelter/gazebo, pergolas
with seating areas, parent plaza with tables, decorative mist feature, adult exercise area, lawn areas,
landscaping, landscape irrigation, utilities, and other site improvements.
EXHIBITS:
A. Notice of Completion CAG-19-243
B. Certificate of Final Acceptance
STAFF RECOMMENDATION:
Approve the Final Acceptance of the project and Release of Retainage Bond for CAG-19-243, Sunset
Neighborhood Park, Phase 2, upon receipt of approvals from the State of Washington.
AGENDA ITEM #5. f)
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
(See Attached)
AGENDA ITEM #5. f)
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 #5. f)
SUNSET NEIGHBORHOOD PARK, PHASE 2
CONTRACTOR: TERRA DYNAMICS CAG‐19‐243
Pay Application Sales Tax Amounts
Renton sales tax increase from 10.0% to
10.1% for last payment to contractor
10.0% Sales Tax (2019)
Pay Application #1 $32,290.00
10.0% Sales Tax (2020)
Pay Application #2 $7,395.00
Pay Application #3 $12,880.00
Pay Application #4 $32,770.00
Pay Application #5 $34,692.40
Pay Application #6 $98,845.19
Pay Application #7 $13,783.35
Pay Application #8 $34,738.41
Pay Application #9 $14,483.70
Pay Application #10 $46,935.20
Pay Application #11 $33,904.27
Pay Application #12 $2,210.48
10.1% Sales Tax (2021)
Pay Application #13 (FINAL) $3,039.05
TOTAL SALES TAX PAID $367,967.05
NOC Attachment_Sales Tax_TERRA DYNAMICS CAG‐19‐243 Page 1 of 1
AGENDA ITEM #5. f)
February 2, 2022
Vernon Orr
Project Manager
Terra Dynamics, Inc.
P.O. BOX 2479
Auburn, WA 98071
RE: Final Acceptance of Sunset Neighborhood Park, Phase 2; Renton, WA
CAG-19-243
Dear Mr. Orr:
In receipt of your correspondence of January 24, 2022, requesting Final Acceptance of the
above referenced project, we have determined that the project is found acceptable for Final
Acceptance by the City of Renton on January 28, 2022, at 12:01 AM PST. The items identified in
the Final Completion Punch List of January 12, 2022, are found to be completed.
Please commence the preparation of the following documents, refer to Contract Documents,
General Conditions 6.9:
1. Written notice of any outstanding disputes or claims between Contractor and any of
its Subcontractors, including amounts and details thereof.
2. Acceptance of Final Payment by Contractor, or any Subcontractor, shall constitute a
waiver and release to Owner of all claims by Contract Time, and for every act or
omission of Owner relating to or arising out of the Work, except for those Claims in
in accordance with the procedures, including time limits, as set forth in Part 8,
General Conditions.
3. Affidavit that payrolls, bills for materials and equipment, and other indebtedness
connected with the Work, for which the Owner or Owner’s property might be
responsible or encumbered have been paid or otherwise satisfied.
4. Certificate evidencing that insurance required by the Contract Documents to
remain in force after final payment is currently in force after final payment is
currently in effect and will not be canceled or allowed to expire until at least 30
days’ prior written notice has been given to the Owner.
AGENDA ITEM #5. f)
Vernon Orr, Project Manager
Terra Dynamics, Inc.
February 2, 2022
Page 2 of 2
5. Written statement that the Contractor knows of no substantial reason that the
insurance will not be renewable to cover the period required by the contract
documents.
6. Consent of surety to final payment.
7. Release of Liens.
8. Additional documentation as required by the City of Renton.
Upon receipt of the above documentation, we will proceed with Council approval for Final
Acceptance and Release of Bonds and the required release from state agencies for project
completion. Thank you for your effort for the development of the park for the citizens of
Renton. If we may answer any questions or be of further assistance, as always, please do not
hesitate to call.
Respectfully,
Alan J. Wyatt, RLA, ASLA, LEED-AP
Capital Projects Manager
Parks Planning and Natural Resources Division
cc: Kelly Beymer, Parks and Recreation Administrator
Erica Schmitz, Parks Planning and Natural Resources Director
Cheryl Beyer, Senior Assistant City Attorney
Jon Kirk, Terra Dynamics, Inc.
Dean Koonts, HBB Landscape Architecture
AGENDA ITEM #5. f)
AB - 3073
City Council Regular Meeting - 14 Mar 2022
SUBJECT/TITLE: HIDTA State and Local Task Force Agreement - Valley Narcotics
Enforcement Team, MOU, and Certification
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police Department
STAFF CONTACT: Jon Schuldt, Chief
EXT.: 7555
FISCAL IMPACT SUMMARY:
No fiscal impact
SUMMARY OF ACTION:
HIDTA stands for High Intensity Drug Trafficking Areas. Where there is evidence that trafficking in narcotics
and dangerous drugs exists in the greater King County area, and that illegal activity has a substantial,
detrimental effect on the health and welfare of the citizens, the Valley Narcotics Enforcement Team (VNET)
will disrupt the illegal drug traffic by immobilizing targeted violators and trafficking organizations, gather and
report intelligence data relating to trafficking in narcotics and dangerous drugs, and conduct undercover
operations where appropriate or traditional methods of investigating in order to result in effective
prosecution before the courts. The Renton Police Department agrees to detail one (1) experienced commissioned
police officer to the Seattle Enforcement Group D-22 Task Force for a period of not less than two years.
The MOU allows the Renton Police Department to receive an equitable share of profits from qualified drug related cases
in return for providing one (1) commissioned police officer to work full time as a member of the Seattle Enforcement
Group D-22 Task Force (VNET).
The Certification provides that the Renton Police Department will comply with the certifications regarding lobbying;
debarment, suspension and other responsibility matters; and drug-free workplace requirements.
EXHIBITS:
A. Agreement
B. MOU
C. Certification
STAFF RECOMMENDATION:
Authorize the Mayor to sign the HIDTA State and Local Task Force Agreement, the MOU, and the Certification.
AGENDA ITEM #5. g)
HIDTA STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1st day of October 2021, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Renton Police
Department, ORI# WA0170100 (hereinafter "RPD"). The DEA is authorized to enter into this
cooperative agreement concerning the use and abuse of controlled substances under the
provisions of 21 U.S.C. § 873.
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Greater
King County area and that such illegal activity has a substantial and detrimental effect on the
health and general welfare of the people of Washington, the parties hereto agree to the following:
1. The Seattle Enforcement Group D-22 Task Force will perform the activities and duties
described below:
a. disrupt the illicit drug traffic in the Greater King County area by immobilizing targeted
violators and trafficking organizations;
b. gather and report intelligence data relating to trafficking in narcotics and dangerous
drugs; and
c. conduct undercover operations where appropriate and engage in other traditional
methods of investigation in order that the task force's activities will result in effective
prosecution before the courts of the United States and the State of Washington.
2. To accomplish the objectives of the Seattle Enforcement Group D-22, the RPD agrees to
detail one (1) experienced officer(s) to the Seattle Enforcement Group D-22 Task Force for a
period of not less than two years. During this period of assignment, the RPD officers will be
under the direct supervision and control of DEA supervisory personnel assigned to the task force.
3. The RPD officers assigned to the task force shall adhere to all DEA policies and procedures.
Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task
force.
4. The RPD officers assigned to the task force shall be deputized as task force officers of DEA
pursuant to 21 USC 878.
5. To accomplish the objectives of the Seattle Enforcement Group D-22 Task Force, DEA will
assign three (3) Special Agents to the task force. HIDTA will also, subject to the availability of
annually appropriated funds or any continuing resolution thereof, provide necessary funds and
equipment to support the activities of the DEA Special Agents and RPD officers assigned to the
task force. This support will include: office space, office supplies, travel funds, funds for the
purchase of evidence and information, investigative equipment, training and other support items.
AGENDA ITEM #5. g)
6. During the period of assignment to the Task Force, the RPD will remain responsible for
establishing the salary and benefits, including overtime, of the officers assigned to the Task
Force, and for making all payments due them. HIDTA will, subject to availability of funds,
reimburse the Valley Narcotics Enforcement Team “VNET”for overtime payment. Annual
overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a
GS-12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all
types of qualified expenses shall be contingent upon availability of funds and the submission of a
proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal
year basis, and which provides the names of the investigators who incurred overtime for DEA
during the invoiced period, the number of overtime hours incurred, the hourly regular and
overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices
must be submitted at least quarterly within 30 days of the end of the invoiced period. Note: Task
Force Officer’s overtime “shall not include any costs for benefits, such as retirement,
FICA, and other expenses.”
7. In no event will the Renton Police Department charge any indirect cost rate to DEA for the
administration or implementation of this agreement.
8. The RPD shall maintain on a current basis complete and accurate records and accounts of all
obligations and expenditures of funds under this agreement in accordance with generally
accepted accounting principles and instructions provided by DEA to facilitate on-site inspection
and auditing of such records and accounts.
9. The RPD shall permit and have readily available for examination and auditing by DEA, the
United States Department of Justice, the Comptroller General of the United States, and any of
their duly authorized agents and representatives, any and all records, documents, accounts,
invoices, receipts or expenditures relating to this agreement. The RPD shall maintain all such
reports and records until all litigation, claim, audits and examinations are completed and
resolved, or for a period of six (6) years after termination of this agreement, whichever is later.
10. The RPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all
requirements imposed by or pursuant to the regulations of the United States Department of
Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I.
11. The RPD agrees that an authorized officer or employee will execute and return to DEA the
attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other
Responsibility Matters; and drug-Free Workplace Requirements. The RPD acknowledges that
this agreement will not take effect and no federal funds will be awarded until the completed
certification is received.
12. When issuing statements, press releases requests for proposals, bid solicitations and other
documents describing projects or programs funded in whole or part with federal money, the RPD
shall clearly state: (1) percentage of the total cost of the program or project which will be
financed with federal money and (2) the dollar amount of federal funds for the program or
project.
AGENDA ITEM #5. g)
13. The RPD understands and agrees that HIDTA will provide the Seattle Enforcement Group
D-22 Task Force Officers with vehicles suitable for surveillance. HIDTA through DEA will
furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume
the cost of installation and removal. HIDTA will be financially responsible for the purchase of
fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and
minor tune-ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and
investigating automobile accidents involving Official Government Vehicles (OGV'S)-
HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the
RPD personnel, in addition to whatever accident reporting requirements the RPD may have.
14. While on duty and acting on task force business, the RPD officers assigned to the HIDTA
task force shall be subject to all DEA and federal government rules, regulations and procedures
governing the use of OGV's for home to work transportation and for personal business. The
HIDTA Executive Committee acknowledges that the United States is liable for the actions of
task force officer, while on duty and acting within the scope of their federal employment, to the
extent permitted by the Federal Torts Claim Act.
15. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2022. This agreement may be terminated by either party on 30 days advance
written notice. Billing for all outstanding obligations must be received by DEA within 90 days of
the date of termination of this agreement. HIDTA will be responsible only for obligations
incurred by RPD during the term of this agreement.
For the Drug Enforcement Administration:
____________________________________
Frank A. Tarentino III
Date: _______________
Special Agent in Charge
Title
For the Renton Police Department
Date: ________________
Armondo Pavone, Mayor
Attest:
____________________________________ Date: ________________
Jason Seth, City Clerk
____________________________________ Date: ________________
Shane Moloney, City Attorney
AGENDA ITEM #5. g)
Drug Enforcement Administration
Asset Forfeiture Sharing Memorandum of Understanding
This agreement is made this 1st day of October, 2021, between the United States Department of
Justice, Drug Enforcement Administration Enforcement (hereinafter "DEA"), and the Renton
Police Department (hereinafter "RPD").
1. The police agencies participating in the Seattle Enforcement Group D-22 Task Force, hereby
agree to the following terms and conditions of this Memorandum of Understanding (“MOU”)
governing the Task Force’s equitable sharing requests and participation in the United States
Department of Justice (“DOJ”) Equitable Sharing Program:
The following are the Task Force Participants and their contribution to the Task Force:
Participating Agency Contribution
Auburn Police Department 1 TFO
Federal Way Police Department 1 TFO
Kent Police Department 1 TFO
Renton Police Department 1 TFO
Seattle Police Department 1 TFO
Tukwila Police Department 1 TFO
Washington State Patrol 1 TFO
2. Participants acknowledge that equitable sharing is at the discretion of the Attorney General
and not guaranteed in any case. Participants acknowledge that sharing will not be awarded in a
case if victims have not been fully compensated. State, local, or federal government entities can
be considered victims. Equitable sharing among the Task Force members shall be based upon
the following pre-arranged percentages:
DEA shall receive 20%
Valley Narcotics Enforcement Team 80%
3. Participants understand that if a non-MOU member receives an equitable share based upon
their contribution, then the MOU Participants’ shares shall be reduced proportionately (e.g., if
non-MOU agency C receives 10% based upon their contribution, then the MOU Participants’
pre-arranged percentages shall be based upon 90% of the full amount available for sharing).
4. Participants further understand that additional adjustments may be necessary so to ensure that
DEA (DOJ) receives a minimum of 20%.
AGENDA ITEM #5. g)
2
5. Participants further understand that the federal decision-makers on each equitable sharing
request retain discretion to modify percentages as deemed appropriate based on the facts and
circumstances in each case.
For the Drug Enforcement Administration:
____________________________________ Date: _____________
Frank A. Tarentino III
Special Agent in Charge
For the Renton Police Department:
____________________________________ Date: _____________
Armondo Pavone
Mayor
Attest:
____________________________________ Date: _____________
Jason Seth
City Clerk
____________________________________ Date: _____________
Shane Moloney
City Attorney
AGENDA ITEM #5. g)
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that:
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) withcommission of any of the offenses enumerated in paragraph (1)(b)of this certification; and
(a) No Federal appropriate funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencingor attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, oran employee of a Member of Congress in connection with themaking of any Federal grant, the entering into of anycooperative agreement, and extension, continuation, renewal,amendment, or modification of any Federal grant or cooperativeagreement;
(d) Have not within a three-year period preceding this applicationhad one or more public transactions (Federal, State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of thestatements in this certification, he or she shall attach anexplanation to this application.(b) If any funds other than Federal appropriated funds have beenpaid or will be paid to any person for influencing or attempting toinfluence an officer or employee of any agency, a Member ofCongress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with this Federal grant orcooperative agreement, the undersigned shall complete andsubmit Standard Form - LLL, "Disclosure of LobbyingActivities," in accordance with its instructions;
3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620-
(c) The undersigned shall require that the language of this cer -tification be included in the award documents for all subawards atall tiers (including subgrants, contracts under grants andcooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly.
A. The applicant certifies that it will or will continue to provide adrug-free workplace by:
(a) Publishing a statement notifying employees that theunlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken againstemployees for violation of such prohibition;2. DEBARMENT, SUSPENSION, AND OTHERRESPONSIBILITY MATTERS (DIRECT RECIPIENT)
(b) Establishing an on -going drug-free awareness program toinform employees about-As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510-(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;A. The applicant certifies that it and its principals:(3) Any available drug counseling, rehabilitation, and employeeassistance programs; and(a) Are not presently debarred, suspended, proposed for debar -ment, declared ineligible, sentenced to a denial of Federalbenefits by a State or Federal court, or voluntarily excluded fromcovered transactions by any Federal department or agency;(4) The penalties that may be imposed upon employees for drugabuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged inthe performance of the grant be given a copy of the statementrequired by paragraph (a);(b) Have not within a three-year period preceding this applicationbeen convicted of or had a civil judgment rendered against themfor commission of fraud or a criminal offense in connection withobtaining, attempting to obtain, or performing a (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant,the employee will -
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE.
AGENDA ITEM #5. g)
(1) Abide by the terms of the statement; and Seattle Enforcement Group D-22
300 5th Ave, suite 1300
Seattle, WA 98104
(2) Notify the employer in writing of his or her conviction for aviolation of a criminal drug statute occurring in the workplace nolater than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days afterreceiving notice under subparagraph (d)(2) from an employeeor otherwise receiving actual notice of such conviction.Employers of convicted employees must provide notice, includingposition title, to: Department of Justice, Office of JusticePrograms, ATTN: Control Desk, 633 Indiana Avenue, N.W.,Washington, D.C. 20531. Notice shall include the identificationnumber(s) of each affected grant;
Check if there are workplace on file that are not identified here.
Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7.
(f) Taking one of the following actions, within 30 calendardays of receiving notice under subparagraph (d)(2), withrespect to any employee who is so convicted-Check if the State has elected to complete OJP Form
4061/7.
(1) Taking appropriate personnel action against such anemployee, up to and including termination, consistent with therequirements of the Rehabilitation Act of 1973, as amended; or DRUG-FREE WORKPLACE(GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily in a drugabuse assistance or rehabilitation program approved for suchpurposes by a Federal, State, or local health, law enforcement,or other appropriate agency;
As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant, I certify that I will not engage inthe unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance in condition any activity withthe grant; and
(g) Making a good faith effort to continue to maintain a drug - freeworkplace through implementation of paragraphs (a), (b), (c), (d),(e), and (f).
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with thespecific grant:
B. If convinced of a criminal drug offense resulting from aviolation occurring during the conduct of any grant activity, I willreport the conviction, in writing, within 10 calendar days of theconviction, to: Department of Justice, Office of Justice Programs,ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington,D.C. 20531.Place of Performance (Street address, city, country, state, zip code)
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
1.Grantee Name and Address:
Renton Police Department
1055 South Grady Way
Renton, WA 98057
2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number
Seattle Enforcement Group D-22
4. Typed Name and Title of Authorized Representative
5. Signature 6. Date
Armondo Pavone, Mayor - City of Renton
AGENDA ITEM #5. g)
AB - 3087
City Council Regular Meeting - 14 Mar 2022
SUBJECT/TITLE: Water Quality Grant Agreement WQC-2022-Renton-00100 with the
Department of Ecology for the Stormwater Management Action
Planning Project
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Kristina Lowthian, Surface Water Engineer
EXT.: 7249
FISCAL IMPACT SUMMARY:
The grant agreement provides $202,125 of grant funding from the Department of Ecology’s Stormwater
Financial Assistance Program (SFAP) into the approved 2022 Surface Water Utility Capital Improvement
Program budget for Surface Water Planning (427.475005.015.594.31.63.000). The grant requires $67,375 of
matching funds for a total grant agreement amount of $269,500. There is sufficient funding in the project
budget to cover the required matching funds. City staff will use $28,603.88 of the grant funds for management
and reviews, while the remaining amount of $240,896.12 will cover the professional services contract with
Parametrix for Stormwater Management Action Planning (CAG -21-259).
SUMMARY OF ACTION:
The City of Renton has been awarded $202,125 in grant funds from the State of Washington Department of
Ecology’s SFAP for Stormwater Management Action Planning. To meet a component of the Stormwater
Planning requirement of the Western Washington Phase II Municipal Stormwater Permit, watersheds in
Renton will be assessed and prioritized, and a stormwater management action plan will be developed for a
high priority basin. The assessment and prioritization will be applied to six basins: Cedar River, Black Rive r,
May Creek, Soos Creek, East Lake Washington, and West Lake Washington. Planned actions for the highest
ranked basin include stormwater facility retrofits, land management strategies, and custom implementation of
stormwater permit programs to protect wat er quality. The Ecology grant funding covers grant management
and review, the preparation of State Environmental Policy Act (SEPA) documentation, development of
receiving water assessment and prioritization technical memos, and development of a draft and f inal
stormwater management action plan. The project will be completed prior to the grant agreement expiration
date of January 31, 2024.
EXHIBITS:
A. Grant Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Water Quality Grant Agreement WQC-2022-Renton-00100
with the Department of Ecology to accept $202,125 in grant funds for the Stormwater Management Action
Planning project.
AGENDA ITEM #5. h)
Agreement No. WQC-2022-Renton-00100
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF RENTON
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
City of Renton Stormwater Management Action
Planning
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will help improve water quality by removing pollutants and addressing hydrologic impacts within the City of
Renton through the development of a Stormwater Management Action Plan (SMAP). This will consist of completing a
Receiving Water Conditions Assessment and Receiving Water Prioritization .
Project Long Description:
The RECIPIENT will develop a Stormwater Management Action Plan (SMAP) that identifies and describes specific
stormwater management actions to protect water quality in a high priority receiving water. Receiving waters are those
waterbodies that receive stormwater runoff from the City of Renton municipal stormwater system . The RECIPIENT will
follow Ecology’s Stormwater Management Action Planning Guidance for Phase I and Western Washington Phase II
Municipal Stormwater Permits (Ecology, 2019; Publication 19-10-010). Using the SMAP process, the RECIPIENT
will emphasize protection of designated uses and improvements to receiving water quality and habitat under both existing
$269,500.00
$269,500.00
$202,125.00
$67,375.00
07/01/2021
01/31/2024
Stormwater Facility
AGENDA ITEM #5. h)
Page 2 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
and anticipated development conditions. Implementation of the stormwater management actions listed in the plan will
improve and protect at least one of the following local receiving waters: Cedar River, Black River, May Creek, Soos
Creek, Lake Washington, or the Duwamish River. Known concerns for these receiving waters include dissolved
oxygen, bacteria, pH, and temperature.
The RECIPIENT has completed a preliminary assessment of existing conditions in the city’s receiving waters . They
have delineated basins and conducted a brief analysis of each basin’s influence on the receiving waters . The
RECIPIENT will build on the preliminary assessment following the SMAP process.
The RECIPIENT will complete a Receiving Water Conditions Assessment. They will compile existing information
related to the City of Renton’s receiving waters and identify which receiving waters are most likely to benefit from
stormwater management actions. The RECIPENT will identify the designated uses and desired water quality conditions
to support those uses, assess the extent to which the desired conditions are being met, and determine if the water body
is impaired or likely to become impaired under future development conditions. This information will assist the
RECIPIENT in the watershed prioritization process .
The RECIPIENT will develop and implement a process to determine which receiving waters will benefit most from
stormwater facility retrofits, tailored implementation of stormwater management program actions, and other
land/development management actions. This Receiving Water Prioritization process will include the identification of high
priority catchment area(s) for focus of the SMAP.
The RECIPIENT will prepare a SMAP for at least one high priority catchment identified in the Receiving Water
Prioritization process. The SMAP will include, but is not limited to, stormwater facility retrofits, land
management/development strategies, and implementation of stormwater management actions related to the City of
Renton municipal stormwater permit. The SMAP will also include a proposed implementation schedule , budget sources,
and a process to adaptively manage the plan.
Overall Goal:
This project will help protect and restore water quality in Washington state by reducing stormwater impacts from
existing infrastructure and development.
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Page 3 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
UEI Number:UG2PSBS6UJJ3
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Renton
91-6001271
092278894
Renton City Hall, 5th Floor, 1055 South Grady Way
Renton, WA 98057-3232
Renton City Hall, 5th Floor
1055 South Grady Way
rstraka@rentonwa.gov
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Page 4 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
Kristina Lowthian
Civil Engineer II
Renton City Hall - 5th Floor
1055 South Grady Way
Renton, Washington 98057
Email: klowthian@rentonwa.gov
Phone: (425) 430-7249
Authorized
Signatory
Kristina Lowthian
Civil Engineer II
Renton City Hall - 5th Floor
1055 South Grady Way
Renton, Washington 98057
Email: klowthian@rentonwa.gov
Phone: (425) 430-7249
Billing Contact
Project Manager
Authorized
Signatory
Armondo Pavone
Mayor
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Email: apavone@rentonwa.gov
Phone: (425) 430-6500
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Page 5 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Heather Bearnes-Loza
PO Box 330316
Shoreline, Washington 98133-9716
Email: HEBE461@ecy.wa.gov
Phone: (360) 584-2755
Melissa Conger
PO Box 47600
Olympia, Washington 98504-7600
Email: MECO461@ecy.wa.gov
Phone: (360) 407-6225
Amanda Heye
PO Box 47600
Olympia, Washington 98504-7600
Email: ahey461@ecy.wa.gov
Phone: (360) 407-6457
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
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Page 6 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
City of Renton
Vincent McGowan, P.E.
Mayor
Armondo Pavone
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
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Page 7 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
City Clerk Date
Jason A. Seth
City Attorney Date
Shane Moloney
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Page 8 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
SCOPE OF WORK
Task Number:1 Task Cost: $8,356.80
Task Title:Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; the EAGL (Ecology Administration of Grants and Loans ) recipient
closeout report; and a two-page outcome summary report (including photos, if applicable). In the event that the RECIPIENT
elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and
management of this funding agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement ,
contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and
compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required
performance items. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information
in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this
agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and
two-page outcome summary report.
* Properly maintained project documentation.
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Page 9 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report (EAGL Form)
1.3 Two-page Outcome Summary Report
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Page 10 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
SCOPE OF WORK
Task Number:2 Task Cost: $62,527.29
Task Title:Receiving Water Conditions Assessment
Task Description:
The RECIPIENT will use the approach outlined in the Stormwater Management Action Planning Guidance for Phase I and
Western Washington Phase II Municipal Stormwater Permits (Ecology, 2019; Publication 19-10-010) to support the
Receiving Water Conditions Assessment.
A.The RECIPIENT will build on their preliminary assessment and confirm receiving water basins , the total basin size and
portion of each receiving water basin within city limits. In addition to other resources, the RECIPIENT will use the latest GIS
data of the municipal separate storm sewer system (MS4) to help perform this task.
B.The RECIPIENT will document and assess existing information related to their local receiving waters and contributing area
conditions.
C.The RECIPIENT will define a method and determine the relative influence of the RECIPIENT’s MS 4 and land use
patterns on each receiving water. At a minimum the method will consider, as data is available: MS4 relative flow contribution
to receiving water, impervious surface, pollution generating impervious surface, pollution generating pervious surface, traffic
volume, population density, tree canopy, lack of treatment and flow control facilities, agricultural areas, industrial areas, and
residential areas.
D.The RECIPIENT will assess the relative conditions of receiving waters and contributions of basins using information
collected in previous steps to identify which receiving waters are most likely to benefit from stormwater management planning.
The management goals described in Building Cities in the Rain (BCitR) will be considered as part of the evaluation process.
E.The RECIPIENT will submit a watershed inventory table that references a map of delineated basins . The table will include:
the receiving water name, its total watershed area, the percent of the total watershed area that is in the Permittee’s jurisdiction ,
and the findings of the stormwater management influence assessment for each receiving water. The table will indicate which
receiving water basins are expected to have a relatively low Stormwater Management Influence for the SMAP. In addition to
text copy of the watershed inventory the information should be presented in online GIS interface.
Task Goal Statement:
The RECIPIENT will respond to ECOLOGY and complete Receiving Water Conditions Assessment in a timely manner .
Task Expected Outcome:
Receiving Water Conditions Assessment will generate a candidate list of receiving waters to be further assessed in Task 3
Receiving Water Prioritization.
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Page 11 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
Deliverables
Receiving Water Conditions Assessment
Number Description Due Date
2.1 Data Gaps Analysis Memo. Upload to EAGL and notify ECOLOGY Project
Manager when upload is complete.
2.2 Present data layers that identify receiving waters and the associated drainage
basins. Present data as an online GIS interface. Notify ECOLOGY Project
Manager when the online GIS interface is published.
2.3 Draft Receiving Water Conditions Assessment that includes a watershed
inventory table, referenced basin map, proposed MS4 influence method, and
analysis. The watershed inventory should also be presented as an online GIS
interface. Upload to EAGL and notify ECOLOGY Project Manager when
upload is complete.
2.4 Response to ECOLOGY Receiving Water Conditions Assessment . Upload to
EAGL and notify ECOLOGY Project Manager when upload is complete .
2.5 ECOLOGY acceptance of Receiving Water Conditions Assessment . Upload
acceptance letter to EAGL and notify ECOLOGY Project Manager when
upload is complete.
2.6 Final Receiving Water Conditions Assessment including online GIS interface .
Upload to EAGL and notify ECOLOGY Project Manager when upload is
complete. Notify ECOLOGY Project Manager when the online GIS interface
is updated.
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Page 12 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
SCOPE OF WORK
Task Number:3 Task Cost: $80,424.19
Task Title:Receiving Water Prioritization
Task Description:
A.The RECIPIENT will prioritize the candidate list of receiving waters from Task 2 to select a subbasin or catchment area
tributary to the receiving water of focus where SMAP will be applied to :
1)Implement stormwater and land management strategies that act as water quality management tools intended to conserve,
protect, or restore receiving waters;
2)Take actions intended to reduce pollutant loading ; and
3)Minimize hydrologic impacts from existing, expected, or proposed future development.
The RECIPIENT will lead development of a ranking system to assist in scoring and prioritizing the receiving waters and
choosing a catchment area to focus improvements. The RECIPIENT will build on the results of Task 2, which narrow down
which receiving waters to prioritize through relative comparison. The BCitR and Stormwater Management Action Planning
Guidance will be referenced to support development of the scoring methodology. The development of the scoring method will
be documented.
B.The RECIPIENT will apply the scoring methodology in Task 3A to the candidate list of receiving waters developed in Task
2. The ranking process will identify a list of high priority receiving waters and catchment area(s) for focus of the SMAP.
C.The RECIPIENT will develop a public involvement process to inform the community and solicit feedback regarding the
prioritized catchment area(s). A list of key internal and external stakeholders will be developed . One opportunity will be
provided for stakeholders to review and comment on prioritized catchment area(s). The RECIPIENT will consider feedback
from the stakeholders during the development of the SMAP in Task 4. Stakeholder feedback will be documented.
D.The RECIPIENT will document the receiving water prioritization process and results in a memorandum and online GIS
interface.
Task Goal Statement:
The RECIPIENT will complete the Receiving Water Prioritization and respond to ECOLOGY and public comments in a timely
manner.
Task Expected Outcome:
The Receiving Water Prioritization will generate a list of high priority receiving waters , high priority catchment areas(s) and
comments from stakeholders to assist in the development of the SMAP.
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Page 13 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
Deliverables
Receiving Water Prioritization
Number Description Due Date
3.1 Draft prioritization scoring methodology. Upload to EAGL and notify
ECOLOGY Project Manager when upload is complete .
3.2 Response to ECOLOGY prioritization scoring methodology comments .
Upload to EAGL and notify ECOLOGY Project Manager when upload is
complete.
3.3 Draft public outreach materials, including Receiving Water Prioritization online
GIS interface, that provide the public and stakeholders with an opportunity to
comment on proposed prioritized catchment area(s). Upload to EAGL and
notify ECOLOGY Project Manager when upload is complete .
3.4 Public outreach: collect and document stakeholder feedback, and document
responsiveness to comments. Upload documentation of effort to EAGL and
notify ECOLOGY Project Manager when upload is complete .
3.5 Submit text document of the final receiving water prioritization process and
results in a memorandum and online GIS interface.
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Page 14 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
SCOPE OF WORK
Task Number:4 Task Cost: $109,834.92
Task Title:Stormwater Management Action Plan
Task Description:
A.Within the prioritized subbasin or catchment area (s), the RECIPIENT will describe potential Stormwater Management
Actions (SMAs) consisting of structural best management practices (BMPs) and non-structural SMAs. This may include
non-structural BMPs, land/development management policies and actions, and targeted stormwater management program
(SWMP) actions to support improved receiving water quality. Structural SMAs could be proposed as new treatment or flow
control facilities, retrofit of existing treatment or flow control facilities, or opportunities to provide additional treatment or flow
control service with planned public construction projects.
B.The RECIPIENT will continue the public involvement process developed in Task 3 to inform the community and solicit
feedback regarding the SMAs. One opportunity will be provided for stakeholders to review and comment on the proposed
SMAs. Stakeholder feedback will be documented and taken into consideration when developing the SMAP.
C.The RECIPIENT will prepare a draft SMAP, including a proposed implementation schedule, short and long term goals,
conceptual budget, potential funding sources, and adaptive management.
D.The RECIPIENT will prepare a final SMAP that considers and incorporates ECOLOGY feedback as appropriate .
Task Goal Statement:
Prepare Stormwater Management Action Plan.
Task Expected Outcome:
Development of stormwater and land management strategies that act as water quality management tools intended to conserve,
protect, or restore water quality in a selected Receiving Water.
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Page 15 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
Deliverables
Stormwater Management Action Plan
Number Description Due Date
4.1 Draft list of structural and non-structural SMAs. For treatment and flow
control facilities, the online GIS interface will include feature layers for each
facility’s catchment and each facility’s footprint. Facility footprint attributes will
include type of facility and types of pollutants removed. Notify ECOLOGY
Project Manager when public outreach has been initiated and the list of SMAs
and online GIS interface are published.
4.2 Collect and document stakeholder feedback and responsiveness to comments.
Upload documentation of effort to EAGL and notify ECOLOGY Project
Manager when upload is complete.
4.3 Draft SMAP, including supporting narrative, proposed schedule, conceptual
budget, potential funding sources, and adaptive management. Upload to
EAGL and notify ECOLOGY Project Manager when upload is complete .
4.4 Response to ECOLOGY SMAP comments. Upload to EAGL and notify
ECOLOGY Project Manager when upload is complete .
4.5 Final written SMAP, including list of SMAs for targeted areas and online GIS
interface. Upload to EAGL and notify ECOLOGY Project Manager when
upload is complete.
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Page 16 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
SCOPE OF WORK
Task Number:5 Task Cost: $8,356.80
Task Title:Cultural and Environmental Reviews, and Permitting
Task Description:
The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The
RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance .
A.The RECIPIENT will provide both the ECOLOGY project manager and separegister @ecy.wa.gov an initial consultation
on the draft State Environmental Policy Act (SEPA) documents.
B.The RECIPIENT will notify the ECOLOGY project manager, in addition to the required distribution and public notice,
when SEPA documents have been issued for the official comment period , which is a minimum of 21 days.
C.The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and
federal permits, licenses, easements, or property rights necessary for the project.
D.The RECIPIENT will submit the documents listed below to ECOLOGY to initiate cultural resources review . Property
acquisition and above and below ground activities proposed at any project site must be reviewed for potential affects to cultural
resources.
1.The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any
supporting materials must conform to the Department of Archeology and Historic Preservation’s Washington State Standards
for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY website .
2.The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The
RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working
on-site. The IDP template may be found on the ECOLOGY website.
The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work . Examples of work may include
(but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written
notice to proceed shall not be eligible for reimbursement.
Task Goal Statement:
The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner .
Task Expected Outcome:
The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy
Act, and all other applicable federal, state, and local laws, and regulations.
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Page 17 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
Deliverables
Cultural and Environmental Reviews, and Permitting
Number Description Due Date
5.1 SEPA checklist, or other documentation for projects considered exempt from
SEPA review. Upload to EAGL and notify ECOLOGY Project Manager
when upload is complete.
5.2 List of permits acquired and environmental review documents. Upload to
EAGL and notify ECOLOGY Project Manager when upload is complete .
5.3 Cultural Resources Review Form. Email the form and any supplemental
cultural resources documentation directly to the ECOLOGY Project Manager .
ECOLOGY will upload documentation to EAGL when cultural resources is
complete.
5.4 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY Project
Manager when upload is complete.
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Page 18 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
BUDGET
Funding Distribution EG220477
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
SFAP - SFY22
100%
Model Toxics Control Capital Account(MTCCA) Stormwater
Type:
Funding Source %:
Description:
Fund:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 0%
25%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SFAP
07/01/2021 01/31/2024
Grant
SFAP Task Total
Grant and Loan Administration 8,356.80$
Receiving Water Conditions Assessment 62,527.29$
Receiving Water Prioritization 80,424.19$
Stormwater Management Action Plan 109,834.92$
Cultural and Environmental Reviews, and Permitting 8,356.80$
269,500.00$Total:
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Page 19 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%202,125.00 269,500.0067,375.0025.00SFAP
Total $$67,375.00 202,125.00 $269,500.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC,
to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an
Administrative Charge Account .
“Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of
Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all
principal due on such bonds or loans in such year.
“Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years
of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests
include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights.
“Centennial Clean Water Program” means the state program funded from various state sources .
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the
project.
“Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water
quality problem as described in Chapter 173-98-730 WAC.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and
money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
“Effective Date” means the earliest date on which eligible costs may be incurred .
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge .
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT .
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
“Equivalency” means projects designated by ECOLOGY to meet additional federal requirements .
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through
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Page 20 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
such time as the loan is officially closed out and a final loan repayment schedule is issued .
“Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan
Amount.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower .
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid
general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the
boundaries of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of
the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement
Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other
obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with
other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United
States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is
funded.
“Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan
begins to operate for its intended purpose.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan .
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan .
“Loan Term” means the repayment period of the loan .
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be
operated and maintained in good repair, working order, and condition including payments to other parties, but will not include
any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes .
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents .
“Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund
to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed .
This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not
a general obligation of the RECIPIENT.
“Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and
condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of
and interest on the loan.
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Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to
a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project .
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution .
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after
the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the
claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established
by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement .
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding
balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to
be eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for
ECOLOGY grant or loan funding.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions
to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into
the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID
Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net
Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED
FINANCIAL ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on
ECOLOGY’s Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of
Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring
qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final
architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the
type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding
assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington )
shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY ,
on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being
acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use
language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to
provide a copy of the recorded document to ECOLOGY.
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Page 22 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or
use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on
the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and
habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of
Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language
will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to
executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance .
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded
projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms
and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter
8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to
provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,
and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees
and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees)
and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened
release of, hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed,
maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were
approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or
a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for
the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such
case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner
agreement.
C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
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Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be
delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial
Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website .
D. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide
Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about
the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180
or email PayeeRegistration@ofm.wa.gov.
E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved
construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All
equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also
be reported on the Equipment Purchase Report in EAGL.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section
319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs,
acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects
addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from
ECOLOGY’s Financial Manager upon request .
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of
compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of
this change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the
project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.”
The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request .
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this
agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or
water quality project outcomes and the status of long-term environmental results or goals from the project approximately three
years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to
request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as
part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial
Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project
administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes ,
ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures.
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be
consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for
Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed
practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER
FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY :
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website.
(This form is used for Section 319 funds only)
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Page 24 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
2. “Section 319 Initial Data Reporting” form in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this
agreement can be signed by Ecology. This form is used to gather general information about the project for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and
follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate
EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager.
To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS
are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose
are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match
projects)
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement:
(Applies to Section 319 funded projects only)
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance
agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views
and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute
endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in
EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has
completed the form. This form is used to gather information on best management practices (BMPs) installed and associated
pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension
cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and
approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration
date. (For Section 319 funded projects only)
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF)
LOAN FUNDED PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records)
in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards
Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in
Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .”
B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law
91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable
regulations and procedures of the federal agency implementing that Act .
C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an
independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year
or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be
submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/..
D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional
requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800).
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall
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Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their
organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project
closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration ,
and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s
Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall
include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged
Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of
these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin or sex in the
performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these
requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972,
the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C.
12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or
policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared
ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure
this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers,
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Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The
Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded
under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a
material breach of this Contract which may result in termination of this Contract or other legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders
list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts,
including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this
agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable
accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered
through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7.
Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or
diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with
disabilities, including those who use assistive technology.
H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences , meetings, conventions or training
seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and
Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master
List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the
Act. Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
trafficking in persons during the period of time this agreement is effective . This includes, but is not limited to, the procurement
of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received
from any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY :
1. Financial Capability Assessment Documentation
2. Opinion of RECIPIENT’s Legal Council
3. Authorizing Ordinance or Resolution
4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for SRF Equivalency projects only)
5. CWSRF Federal Reporting Information form available in EAGL
6. Fiscal Sustainability Plan (Asset Management) Certification Form in EAGL (Only required if the project includes
construction of a wastewater or stormwater facility construction)
7. Cost and Effectiveness Analysis Certification Form in EAGL (Required for all projects receiving SRF Loan funding)
8. State Environmental Review Process (SERP) Documentation (Required for facility projects only)
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the
design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action
which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or
which would cause a violation of any covenant, condition, or provision herein.
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Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.)
The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States . Iron and
Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers
and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast
concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of
the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY . This
provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to
January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision .
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including
the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT
shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall
be signed by ECOLOGY.
D. Equivalency Projects: (For designated equivalency projects only)
1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in
Chapter 11 of Title 40, U.S.C. (see
www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf).
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification
before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY
Financial Manager or on the Water Quality Program website .
F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance
agreements nationwide. The signage guidance can be found at:
https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility
-project-resources.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property
damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the
buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or
privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried
by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or
enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of
ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured
loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their
respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed,
revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless
terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan
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Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment
schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued
interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest
based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a
365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that
each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over
the term of this loan “Loan Term” as outlined in this agreement .
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below
and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and
unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the
repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants , agreements, and
attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT
payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without
a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT .
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall
constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any
Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a
lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever .
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it .
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not
affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon
their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY
finds that repayment from those additional sources would not be in the public interest.
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall
incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give
ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan .
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and
interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation
date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies ,
the payment shall be due on the next business day for Washington State agencies .
Payments shall be mailed to:
Department of Ecology
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Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager .
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment
to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment
is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement .
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge . The late charge shall be
one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on
defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal
balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any
prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the
Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT
shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office .
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and
Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations
pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater
amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and
Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer
system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax
limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the
principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the
annual levy and collection of those taxes and the prompt payment of that principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the
RECIPIENT in excess of any constitutional or statutory limitations .
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the
loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID
Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID
Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in
good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon
Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in
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Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and
subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for
bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be
incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract
language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall
maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review
upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter
39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and
inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon
request.
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verify that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of
Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR (If applicable)
- Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients)
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection
with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct.
There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the
RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform
all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and
warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting
the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the
loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be
disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment .
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works,
plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded
Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become
unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary,
material, or useful to the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more
than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to
the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the
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City of Renton Stormwater Management Action Planning
City of Renton
amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from
the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period.
4. Expressed written agreement by the ECOLOGY-.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to
and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT
shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to
ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system .
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the
RECIPIENT of all of its obligations under this loan agreement . The RECIPIENT shall be in default of its obligations under this
loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of
it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the
RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the
“Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when
applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the
“Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole
discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all
accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest
on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon
the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding.
Repayments not made immediately upon such acceleration will incur Late Charges .
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after
acceleration following a default event, as applicable, shall incur late charges.
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Recipient Name:
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City of Renton Stormwater Management Action Planning
City of Renton
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any
state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment
of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment)
acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance,
ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property .
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of
ECOLOGY, become ECOLOGY property . The RECIPIENT shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any
actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of
any obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and
other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the
prevailing party as that term is defined in Chapter 4.84.330 RCW.
Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or
the state of Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for
the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined .
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement
a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its
proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The
user-charge system will include provisions for a connection charge .
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides
adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to
repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
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Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form .
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
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City of Renton Stormwater Management Action Planning
City of Renton
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities ).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
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Agreement No:
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Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
06/24/2021 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the Agreement , providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered ,
disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements .
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
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City of Renton Stormwater Management Action Planning
City of Renton
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site .
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site .
c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as
appropriate, or upon completion of an audit as specified herein.
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Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety .
b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request .
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
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AGENDA ITEM #5. h)
Page 38 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
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AGENDA ITEM #5. h)
Page 39 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20. PROGRESS REPORTING
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AGENDA ITEM #5. h)
Page 40 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines .
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
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AGENDA ITEM #5. h)
Page 41 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement .
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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AGENDA ITEM #5. h)
Page 42 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
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AGENDA ITEM #5. h)
Page 43 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2022-Renton-00100
City of Renton Stormwater Management Action Planning
City of Renton
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020
AGENDA ITEM #5. h)
AB - 3091
City Council Regular Meeting - 14 Mar 2022
SUBJECT/TITLE: Agreement with Carollo Engineers, Inc. for the 2022 Renton Sanitary
Sewer Replacement Project
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Joe Stowell, Wastewater Utility Engineering Manager
EXT.: 7212
FISCAL IMPACT SUMMARY:
Funding for this agreement in the amount of $443,709.00 is available from the approved 2022 Wastewater
Utility Capital Improvement Program budget for the Sanitary Sewer Rehab/Replacement
(426.465521.018.595.35.63.000). There is sufficient funding in the budget to cover the agreement.
SUMMARY OF ACTION:
This agreement is for engineering services to produce construction plans and specifications needed for the
replacement/repair of defective sanitary sewer systems at 7 different locations (see exhibit A).
The Project scope includes the construction of approximately 1,600 lineal feet (LF) of 8-inch sewer main,
approximately 120 LF of 12-inch sewer main, approximately 13 sewer manholes (7 manholes to be
abandoned), and approximately 32 service laterals (24 service laterals to be abandoned). These quantities will
be further refined during the alternative analysis and design.
The scope of work for this design phase of the project will include:
• A project area survey and create a project base map.
• Geotechnical explorations and analysis.
• An alternatives analysis of various project elements.
• Summarizing the preliminary design findings and alternative analysis in a Basis of Design Report
(BODR).
• Design of the replacement of the sewer mains, manholes, and service laterals selected for the Project.
• Providing permitting and public outreach support during the design process.
• Supporting the City during the bidding process.
Carollo Engineers, Inc. was selected as part of the Request for Qualifications for the 2019 Sanitary Sewer
Rehabilitation and Replacement Project as the most qualified firm. There was a total of five engineering firms
that participated in the Request for Qualifications.
EXHIBITS:
A. Consultant Agreement
STAFF RECOMMENDATION:
Approve the agreement with Carollo Engineers, Inc. in the amount of $443,709.00 for engineering services for
the 2022 Sanitary Sewer Replacement project.
AGENDA ITEM #5. i)
AGREEMENT FOR 2022 RENTON SEWER REPLACEMENT
THIS AGREEMENT, dated for reference purposes only as ___________________, 2022, is by and
between the City of Renton (the “City”), a Washington municipal corporation, and Carollo
Engineers, Inc. (“Consultant”), a Delaware Corporation. The City and the Consultant are referred
to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this
Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide engineering services as specified in Exhibit
A, which is attached and incorporated herein and may hereinafter be referred to as the
“Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit 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 May 31, 2023.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $443,709.00, 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 D. 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
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)
AGENDA ITEM #5. i)
PAGE 2 OF 10
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
AGENDA ITEM #5. i)
PAGE 3 OF 10
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
AGENDA ITEM #5. i)
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details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
AGENDA ITEM #5. i)
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have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code, t
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
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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
Joe Stowell
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7212
jstowell@rentonwa.gov
CONSULTANT
Erik Waligorski
1200 Fifth Avenue, Suite 900
Seattle, WA 98101
Phone: (206) 538-5161
ewaligorski@carollo.com
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17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
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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 Joe Stowell.
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
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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.
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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
Lara Kammereck
Vice President
_____________________________
Date
_____________________________
Date
Attest
____________________________
Jason A. Seth
City Clerk
By:____________________________
Erik Waligorski
Vice President
_____________________________
Date
Approved as to Legal Form
By: __________________________
Shane Moloney
Renton City Attorney
AGENDA ITEM #5. i)
EXHIBIT A
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SCOPE OF SERVICES
ENGINEERING SERVICES FOR THE CITY OF RENTON
2022 SANITARY SEWER REPLACEMENT PROJECT
BACKGROUND
The City of Renton Wastewater Utility implements an annual sanitary sewer rehabilitation and/or
replacement project as part of its ongoing capital improvement program. For the year 2022, the
City will be undergoing a replacement project consisting of various sewer main, manhole, and
side sewer replacements within the City’s system.
The sewer infrastructure to be replaced as part of this 2022 Sanitary Sewer Replacement
Project were selected by the City of Renton based on field observations and inspections and are
located within City right-of-way and on Private property within City easements at seven different
general sites (see City provided site maps illustrating the proposed work following the Scope of
Work). Work within the City right-of-way will take place on Kirkland Ave NE and NE 16th St (Site
1), NE 4th St (Site 2), NE 6th St and NE 7th Pl (Site 3), Tacoma Ave NE, NE 6th St, and Shelton
Ave NE (Site 4), NE 6th St (Site 5), Taylor Ave NW and NW 7th St (Site 6). Work on private
property within existing City easements will be required off Monroe Ave NE (Site 7) and various
points on other sites where access is needed for system abandonment.
The Project includes the construction of approximately 1,600 lineal feet (LF) of 8-inch sewer
main, approximately 120 LF of 12-inch sewer main, approximately 13 sewer manholes (7
manholes to be abandoned), and approximately 32 service laterals (24 service laterals to be
abandoned). These quantities will be further refined during the alternative analysis and design.
The scope of work for this phase of the project will include:
· A project area survey and creation a project basemap.
· Geotechnical explorations and analysis.
· An alternatives analysis of various project elements.
· Summarizing the preliminary design findings and alternative analysis in a Basis of
Design Report (BODR).
· Design of the replacement of the sewer mains, manholes, and service laterals selected
for the Project.
· Providing permitting and public outreach support during the design process.
· Supporting the City during the bidding process.
Engineering Services During Construction (ESDC) for the 2022 Sanitary Sewer Replacement
Project will be scoped and completed as part of a future phase.
GENERAL PROJECT ASSUMPTIONS
1. Carollo Engineers and its subconsultants will be referred to as “Consultant” in this
document.
2. The City of Renton, Washington and its staff will be referred to as “City” in this
document.
3. All deliverables are provided in electronic PDF format, unless otherwise indicated. Final
deliverables will be “wet” signed and/or digitally signed in accordance with the
Washington Administrative Code (WAC).
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EXHIBIT A
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4. Consultant shall complete the services required hereunder in accordance with the
prevailing engineering standard of care by exercising the skill and ability ordinarily
required of engineers performing the same or similar services, under the same or similar
circumstances, in the State of Washington.
5. The City shall furnish the Consultant available studies, reports and other data pertinent
to the Consultant’s services; obtain or authorize the Consultant to obtain or provide
additional reports and data as required; furnish to the Consultant services of others
required for the performance of the Consultant's services hereunder, and the Consultant
shall be entitled to use and rely upon all such information and services provided by the
City or others in performing the Consultant’s services under this Agreement.
6. Opinions of probable costs will be based on the level of project definition and expected
accuracy range as defined by the American Association of Cost Engineers (AACE)
International.
7. In providing opinions of cost, financial analyses, economic feasibility projections, and
schedules for potential projects, the Consultant has no control over cost or price of labor
and material; unknown or latent conditions of existing equipment or structures that may
affect operation and maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance of third parties; quality, type, management, or
direction of operating personnel; and other economic and operational factors that may
materially affect the ultimate project cost or schedule. Therefore, the Consultant makes
no warranty that the City’s actual project costs, financial aspects, economic feasibility, or
schedules will not vary from the Consultant’s opinions, analyses, projections, or
estimates.
8. The City shall arrange for access to and make all provisions for the Consultant to enter
upon public and private property as required for the Consultant to perform services
hereunder.
9. The project will use Washington State Department of Transportation (WSDOT) (current
City version) Standard Specifications for Road, Bridge, and Municipal Construction and
the City’s current Public Works Standards.
10. Specifications will include City standard, “front end” legal and general requirements, and
technical special provisions in WSDOT/APWA format (Divisions 0 through 9).
11. Supplemental technical specifications for the project work will be in WSDOT/APWA
format.
12. The City will provide AutoCAD templates illustrating City standards for Consultant use.
Drawings will be produced in 2D AutoCAD software (City current version).
13. City review comments for deliverables will be received and noted in the original file (e.g.,
Bluebeam, Word, etc.). Consultant will respond to City review comments in same
original file. The original file including City comments and Consultant responses will
serve as the Record of Comment for each deliverable.
14. Hour durations for meetings, workshops, and site visits in this Scope of Services are
based on estimated time on-site. Allowances for travel time, as appropriate, are
accounted for in the budget in Exhibit D.
15. No potholing field work is included in this scope of work.
16. The Consultant shall not be responsible for warranties, guarantees, fitness for a
particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic,
incidental or consequential damages to the City or any third party arising out of breach of
contract, termination, or for any other reason whatsoever. Additionally, the Consultant
shall not be responsible for acts and decisions of third parties, including governmental
agencies, other than the Consultant’s subconsultants, that impact project completion
and/or success.
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EXHIBIT A
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17. The services to be performed by the Consultant are intended solely for the benefit of the
City. No person or entity not a signatory to this Agreement shall be entitled to rely on the
Consultant's performance of its services hereunder, and no right to assert a claim
against the Consultant by assignment of indemnity rights or otherwise shall accrue to a
third party as a result of this Agreement or the performance of the Consultant's services
hereunder.
SCOPE OF SERVICES SUMMARY
Exhibit A establishes the Scope of Services, level of effort, and authorization to complete. This
Scope of Services is divided into the following tasks:
Task 100 – Project Management
Task 200 – Preliminary Design
Task 300 – Design
Task 400 – Project Bidding Services
Task 500 – Envision Initial Assessment
Task 600 – ESDC (Future)
SCHEDULE
This Scope of Services is based on Project bidding in September 2022 and construction
beginning in Q4 2022. The anticipated Project schedule is attached as Exhibit C.
SCOPE OF SERVICES DETAIL
TASK 100 - PROJECT MANAGEMENT
The objective of this task is to manage and coordinate engineering and related services
required for Project completion in accordance with the schedule, budget, and quality
expectations that are established. Task 100 includes the following subtasks:
Subtask 110 - Project Management Plan
This subtask will develop a Project Management Plan (PMP). The PMP will be created for team
member reference and will include schedule updates as necessary.
· Conduct a kick-off meeting to discuss the scope of the project and identify and confirm
the 2022 Sanitary Sewer Replacement Project criteria and required deliverables.
· Prepare a PMP document that describes project roles and responsibilities, lists contact
information for the project team, describes communication protocols, quality
management, and includes the scope of services, schedule, and budget. Project
schedule will be updated as necessary throughout the project to reflect current progress.
Subtask 120 – Project Monitoring and Reporting
This subtask will manage and report scope, schedule, and budget.
· Manage the Project team to track time and budget, work elements accomplished, work
items planned for the next period, manpower, scope changes, and time and budget
needed to complete this Scope of Services.
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EXHIBIT A
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· Prepare monthly project status reports that compare work accomplished with schedule
activities and compare expenditures with task budgets, and submit reports to the City’s
Project Manager with monthly invoices.
Subtask 130 – Decision and Record of Comment Log
This subtask will keep record of key decisions and City comments and Consultant responses.
· Develop and maintain a Decision Log to record key decisions made by the City and
others during the project to document the evolution of the design.
· Develop and maintain a Record of Comment Log to track City review comments and
Consultant’s responses for all project deliverables.
Task 100 Assumptions:
1. Project duration will be approximately nine (9) months to target a September 2022
Project advertisement.
2. Consultant will develop meeting materials, agenda, attend meetings, and develop
meeting minutes.
Task 100 Deliverables:
1. Draft and Final PMP update in PDF format.
2. Monthly invoices and progress reports in PDF format.
3. Decision Log in PDF format.
4. Record of Comment Log in PDF format.
5. Updated project schedules in PDF format.
TASK 200 – PRELIMINARY DESIGN
The purpose of this task is to establish the final project design criteria and anticipated
construction conditions. This task will develop the Project basemap, conduct an alternatives
analysis, and compile all preliminary design findings in a Basis of Design Report (BODR). Task
200 includes the following subtasks:
Subtask 210 – Survey & Basemap Development
· Conduct utility research for project area.
· Conduct locates of all buried utilities within project areas including existing laterals.
· Conduct topographical survey of Project area including manhole measure downs.
Topographical survey will include a combination of aerial photography and ground
survey to map the proposed project Sites and develop the basemap.
· Produce basemap with all gathered survey data.
Subtask 220 – Geotechnical Exploration & Reporting
· Conduct geotechnical desktop study at locations that will not require geotechnical
explorations. Task will include compiling and reviewing readily available data and
mapping material for each Site, with special attention to Sites 1, 2, and 6 where no
subsurface explorations will occur.
· Plan and conduct a subsurface exploration program consisting of six (6) drilled soil
borings in City right-of-way as described below. This task will include marking the boring
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locations, submitting public one-call utility notifications, and subcontracting with a private
locating service to clear the explorations prior to drilling. A traffic control contractor will
provide single-lane closures with flaggers while the drilling completed. Consultant will
observe drilling, log soils, and collect samples. One or more of the borings may be
equipped with groundwater monitoring well installations, depending on the groundwater
conditions encountered during drilling. Samples collected will be submitted for laboratory
testing to a qualified geotechnical laboratory. Locations for subsurface exploration are as
follows:
o Provide one (1) exploration boring on NE 7th Pl in proposed work area between
MH 1114 and MH 0976 to analyze geotechnical conditions, including shoring
requirements and the presence of groundwater (Site 3).
o Provide two (2) exploration boring at Site 4 to analyze geotechnical conditions,
including shoring requirements and the presence of groundwater.
o Provide one (1) exploration boring at Site 5 to analyze geotechnical conditions,
including shoring requirements and the presence of groundwater.
o Provide up to two (2) exploration borings at Site 7 geotechnical conditions,
including shoring requirements and the presence of groundwater.
· Consultant will perform engineering analyses to develop conclusions and
recommendations for temporary excavation support, construction dewatering, and
trenching and backfilling. Consultant will also evaluate the feasibility of replacing service
laterals via trenchless methods.
· Consultant will summarize the results of the studies, explorations, analyses, conclusions,
and recommendations in a geotechnical engineering report. The report will include:
Project and site descriptions, results of the desktop study and subsurface explorations,
exploration logs, figures showing the exploration locations, laboratory results, and
geotechnical engineering conclusions and recommendations.
Subtask 230 – BODR & Alternatives Analysis
· Conduct review of the lines and manholes to be replaced including as-built review and
select CCTV footage review.
· Conduct alternatives analysis on the following Project Sites (all Sites will be included in
the final BODR to include 30 percent plans and costs):
o Determine if replacement of MH5990 on Kirkland Ave NE as part of fixing the
existing sag in the sewer main is warranted (Site 1).
o Determine required depth and slope of proposed sewer to replace the backyard
sewer system on Site 4.
o Coordinate dye testing of existing missing laterals at NE 6th St site, determine
location, and determine replacement lateral replacement needs (Site 5).
Determine required depth and slope of proposed sewer to serve homes on the
north side of NE 6th St.
o Determine cause of backwater at MH 0579 and MH 06471 on Taylor Ave NW
and determine most viable alternative to remedy the issue (Site 6).
o Determine replacement for 6” sanitary line running behind homes west of Monroe
Ave NE (Site 7).
o Determine if replacement of laterals using a trenchless construction method is
feasible.
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· Conduct a workshop with the City to identify criteria and weighting factors to be used as
part of the alternative analysis and selection of the preferred alternative.
· Summarize preliminary design findings in Draft BODR, including 30 percent level plans
and a specifications table of contents.
· Conduct City review meeting for Draft BODR.
· Produce Final BODR.
Task 200 Assumptions:
1. Topographical surveying will be completed using a combination of aerial photography
supplemented with conventional ground surveying to pick up visible utility markings,
sewer manholes and cleanouts, including invert measurements when accessible.
2. Base mapping will include 1”=20’ scale with 1-foot contours.
3. No potholing field work is included in this scope of work.
4. Desktop geotechnical studies will include readily available geologic and topographic
maps, LIDAR, aerial photography, and results of previous nearby explorations performed
by others.
5. Every precaution will be taken to avoid existing utilities during geotechnical explorations;
however, Consultant does not assume responsibility for the cost of repairing utilities that
are unmarked or incorrectly marked.
6. All geotechnical explorations will be completed within City right-of-way and no private
property access will be required.
7. Permits required for the geotechnical explorations will be provided by the City.
8. City staff will conduct field work for the required dye testing.
9. This scope of work assumes that all lateral locating will be completed using a tractor
camera in the mainline and then launching a satellite camera up the lateral where it will
be located on the surface. The locates will be completed as far as the camera can
traverse. No attempts will be made to locate the lateral from within the residence as part
of this scope of work.
10. Inspection reports and CCTV footage of the proposed work areas will be provided by the
City.
11. City of Renton drafting standards will be utilized and obtained from the City’s website.
12. Linescape, LLC will perform an alternatives analysis for the trenchless replacement of
laterals and will conduct all necessary design locates under this contract.
Task 200 Deliverables:
1. Draft and Final Project Geotechnical Report.
2. Draft and Final BODR.
TASK 300 – DESIGN
The purpose of this task is to develop plans, specifications, and opinions of probable
construction cost for bidding and construction of the Project. The design process will include
design package submittals at the 60%, 90%, and Final phases. This task also includes
permitting and public outreach support to aid the City during the design approval process.
Subtask 310 – Design (60%, 90%, Final)
· Prepare 60% design documents to include drawings, specifications, and Engineer’s
opinion of probable construction cost (OPCC).
· Prepare 90% design documents to include drawings, specifications, and Engineer’s
OPCC.
AGENDA ITEM #5. i)
EXHIBIT A
pw:\\Carollo/Documents\
· Conduct City review meetings at the 60% and 90% design phases.
· Perform internal QA/QC at each design phase.
· Prepare Final bid-ready drawings, specifications, and Engineer’s OPCC.
Subtask 320 – Permitting Support
· Create figures, project descriptions, and other project information to support the City led
permitting process.
Subtask 330 – Public Outreach Support
· Provide assistance to City, as necessary, to facilitate right-of-entry for project preliminary
design, design, and bidding processes.
· Create figures, project descriptions, and other project material to support City led public
outreach.
Task 300 Assumptions:
1. No SEPA process or stormwater permit will be required for the Project. Permitting
assistance will be limited to the hour estimate provided in Exhibit D. Additional permitting
assistance beyond the estimated hours will be completed on a time and material basis
and will require an amendment to this agreement.
2. No traffic control plans will be developed during design and the selected contractor will
be responsible for preparing traffic control plans required by the City.
3. The City will obtain the Civil Construction permit and any other required permits for the
Project.
4. The City will lead all right-of-entry and public outreach efforts including contacting
residents.
5. Any public outreach materials required for the Project will be distributed and managed by
the City. Public outreach assistance will be limited to the hour estimate provided in
Exhibit D. Additional public outreach assistance beyond the estimated hours will be
completed on a time and material basis and will require and amendment to this
agreement.
6. Consultant attendance at public meetings or an open house is not anticipated for the
Project.
Task 300 Deliverables:
1. City review comment response logs in Excel format at each design phase submittal.
2. Internal (Carollo) review comment log or similar for QA/QC record at each design phase
submittal.
3. 60% drawings, specifications, and OPCC in PDF format.
4. 90% drawings, specifications, and OPCC in PDF format.
5. Final bid-ready drawing and specifications stamped and signed by the engineers of
record and OPCC. Files will be provided via PDF. Up to two (2) hard copies of full size
22 inch x 34 inch plan sets, and up to five (5) copies of half size 11 inch x 17 inch plan
sets, double-sided 8. 5 inch x 11 inch specifications, will also be provided.
6. AutoCAD file of Final design.
AGENDA ITEM #5. i)
EXHIBIT A
pw:\\Carollo/Documents\
TASK 400 – BIDDING SERVICES
Following completion of Task 300, the project will be bid and the Consultant shall provide
Bidding Services to assist the City with the bidding process. This task includes:
· Answering bidder questions
· Preparing addenda and/or bid clarifications
· Providing input on the apparent low bidder.
Task 400 Assumptions:
1. Attendance at a pre-bid walkthrough his not required.
2. Up to two (2) addenda and/or bid clarifications required.
3. Up to six (6) bidder questions responses required.
Task 400 Deliverables:
1. Bidder question responses.
2. Addenda (as required).
TASK 500 – ENVISION INITIAL ASSESSMENT
The purpose of this task is to perform an Envision initial assessment of the Project to determine
a preliminary rating and identify where there are opportunities (e.g., design modifications,
stakeholder engagement, etc.) for a potential increase in rating.
Subtask 510 – Initial Assessment
· Prepare template spreadsheet and evaluate the probable baseline score for each of the
64 credits and overall project award (platinum, gold, silver, or verified). The evaluation
will be conducted in at least three (3) working sessions with the City and Carollo staff.
· Identify credits where there are opportunities for potential increase, whether there are
additional cost requirements, and the impact to the award level.
Subtask 520 – Meetings
· There will be at least two (2) meetings – one to kick off the task and one to summarize
the results of the initial assessment.
Subtask 530 – Technical Memorandum Preparation and Quality Management Review
· Quality manager review of the initial assessments and findings.
· Draft and final technical memorandum preparation (which includes addressing City
feedback on the Draft). The technical memorandum will summarize the initial
assessment process and results, as well as list the recommendations for improving the
Project score.
Task 500 Assumptions:
1. The initial assessment will be conducted without an alternatives analysis report, CEQA
report, design information, or other background documents.
2. The initial assessment will be conducted through working sessions with City staff , and
assessing each credit.
AGENDA ITEM #5. i)
EXHIBIT A
pw:\\Carollo/Documents\
Task 500 Deliverables:
1. Draft and final versions of the technical memorandum.
2. Presentations for the task kickoff meeting and the final meeting summarizing the initial
assessment results.
AGENDA ITEM #5. i)
"Site 1"
AGENDA ITEM #5. i)
"Site 2"
AGENDA ITEM #5. i)
"Site 3"AGENDA ITEM #5. i)
"Site 4"AGENDA ITEM #5. i)
"Site 5"AGENDA ITEM #5. i)
"Site 6"
AGENDA ITEM #5. i)
"Site 7"
AGENDA ITEM #5. i)
EXHIBIT B
CAROLLO ENGINEERS, INC.
FEE SCHEDULE
As of January 1, 2022
Engineers/Scientists
Hourly Rate
Staff Professional $130.00 to 160.00
Lead Professional $160.00 to 190.00
Senior Professional $190.00 to 210.00
Supervisory Professional $210.00 to 240.00
Quality Manager $240.00 to 260.00
Project Manager $210.00 to 240.00
Technicians
GIS/CAD Technician $130.00 to 150.00
Support Staff
Document Processing / Clerical $90.00 to 110.00
Project Equipment Communication Expense
(PECE) Per DL Hour
13.00
Other Direct Expenses
Airfare based on regular coach fare at cost
Hotel based on corporate rate for a
single room for one person
Mileage at IRS Reimbursement Rate
Effective January 1, 2022
at cost
$.585 per mile
Subconsultant at cost + 10%
Other Direct Cost (invoiced per occurrence with backup) at cost + 5%
Expert Witness Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
AGENDA ITEM #5. i)
ID Task NameDuration Start Finish Predecessors1NTP0 daysSun 2/27/22Sun 2/27/222TASK 100: PROJECT MANAGEMENT155 daysMon 2/28/22Fri 9/30/2213TASK 200: PRELIMINARY DESIGN75 daysMon 2/28/22Fri 6/10/2214Subtask 210: Survey & Basemap Development35 daysMon 2/28/22Fri 4/15/2215Subtask 220: Geotechnical Explorations & Reporting35 daysMon 2/28/22Fri 4/15/2216Subtask 230: BODR & Alternatives Analysis 40 daysMon 4/18/22Fri 6/10/224,57Draft BODR25 daysMon 4/18/22Fri 5/20/2258Final BODR15 daysMon 5/23/22Fri 6/10/2279TASK 500: ENVISION INTIAL ASSESSMENT41 daysFri 4/29/22Fri 6/24/2217TASK 300: DESIGN75 daysMon 6/13/22Fri 9/23/2218Subtask 310 – Design (60%, 90%, Final)75 daysMon 6/13/22Fri 9/23/2261960% Design Submittal35 daysMon 6/13/22Fri 7/29/2282090% Design Submittal20 daysMon 8/1/22Fri 8/26/221921Final Design Submittal20 daysMon 8/29/22Fri 9/23/222022Subtask 320: Permitting Support75 daysMon 6/13/22Fri 9/23/22823Subtask 330: Public Outreach Support75 daysMon 6/13/22Fri 9/23/22824TASK 400: BIDDING SERVICES 33 daysWed 8/24/22Fri 10/7/2217,1825Advertise Project0 daysMon 8/29/22Mon 8/29/2226Open Bids0 daysTue 9/13/22Tue 9/13/2227Award Project0 daysFri 10/7/22Fri 10/7/22NTP8/299/1310/72/203/63/204/34/175/15/155/296/126/267/107/248/78/219/49/1810/210/16March 1April 1May 1June 1July 1August 1September 1October 12019-2020 Sanitary Sewer Rehabilitation and Replacement ProjectSOW Exhibit CAGENDA ITEM #5. i)
City of Renton2022 Sewer Replacement Project2/8/2022PM QM Envision QM PE Envision PE Staff Eng CAD/Graphics WPWaligorski Taylor Deslauries Wong Busch Horio Hawes McPhail PECE Total Labor Rate230.00$ 245.00$ 245.00$ 180.00$ 165.00$ 145.00$ 140.00$ 100.00$ $13.00 110Project Management Plan88 4 424 4,260$ -$ -$ -$ -$ 312$ 312$ 4,572$ 120Project Monitoring and Reporting72246102 21,480$ 2,300$ 2,300$ 230$ 2,530$ -$ 1,326$ 1,326$ 25,336$ 130Decision and Record of Comment Log1624 1252 9,740$ -$ -$ -$ -$ 676$ 676$ 10,416$ Subtotal - Task 100 96 0 0 56 0 16 0 10 178 35,480$ 0 -$ 0 2,300$ 0 -$ 2,300$ 230$ 2,530$ -$ 2,314$ 2,314$ 40,324$ 210Survey & Basemap Development4 0 0 32 0 28 8 0 72 11,860$ 274 59,128$ 130 27,350$ 86,478$ 8,648$ 95,126$ -$ 936$ 936$ 107,922$ Conduct utility research for project area.28 16Conduct locates of all buried utilities within project areas .8 4Conduct topographical survey of Project area including manhole measure downs.8 4Produce basemap with all gathered survey data. 28 4 8220Geotechnical Exploration & Reporting8 0 0 12 0 0 0 0 20 4,000$ 47,600$ 47,600$ 4,760$ 52,360$ 100$ 260$ 360$ 56,720$ Conduct geotechnical desktop study at locations that will not require explorations. 24Conduct geotechnical exploration borings at select sites24100$ Summarize findings in project geotechnical report. 44230Basis of Design Report (BODR)36 16 0 152 0 52 76 20 352 59,740$ 110 10,450$ 10,450$ 1,045$ 11,495$ 100$ 4,576$ 4,676$ 75,911$ Conduct review of as-builts and select CCTV footage.48Conduct alternatives analysis for select Project Sites 8 4 60 16Determine design criteria and constraints based on the conducted alternatives analysis. 48 450$ Summarize preliminary design findings in Draft BODR, including 30 percent level plans. 8 8 48 16 60 12Conduct City review meeting for Draft BODR. 4450$ Produce Final BODR. 8 4 24 16 16 8Subtotal - Task 200 48 16 0 196 0 80 84 20 444 75,600$ 274 59,128$ 0 47,600$ 240 37,800$ 144,528$ 14,453$ 158,981$ 200$ 5,772$ 5,972$ 240,553$ 310Design (60%, 90%, Final)48 24 0 172 0 52 248 48 592 94,940$ -$ -$ -$ 100$ 7,696$ 7,796$ 102,736$ Prepare 60% design documents16 12 80 24 144 16Conduct 60% City review meeting4450$ Prepare 90% design documents16 12 60 16 80 16Conduct 90% City review meeting4450$ Prepare Final design documents824 12 24 16320Permitting Support4 0 0 16 0 8 16 4 48 7,600$ -$ -$ -$ -$ 624$ 624$ 8,224$ Create figures, project descriptions, and other project material to support the City.416 8 16 4330Public Outreach Support8 0 0 32 0 8 32 4 84 13,640$ -$ -$ -$ 200$ 1,092$ 1,292$ 14,932$ Provide assistance to City, as necessary, to facilitate right-of-entry for project preliminary design, design, and bidding processes. 416 8 16100$ Create figures, project descriptions, and other project information to support City led public outreach. 41616 4100$ Subtotal - Task 300 48 24 0 172 0 52 248 48 724 116,180$ 0 -$ 0 -$ 0 -$ -$ -$ -$ 300$ 9,412$ 9,712$ 125,892$ Answer bidders questions81624 4,720$ -$ -$ -$ -$ 312$ 312$ 5,032$ Prepare addenda (up to two (2))81616 444 7,360$ -$ -$ -$ -$ 572$ 572$ 7,932$ Assist City with bid evaluation 4812 2,360$ -$ -$ -$ -$ 156$ 156$ 2,516$ Subtotal - Task 400 20 0 0 40 0 0 16 4 80 14,440$ 0 -$ 0 -$ 0 -$ -$ -$ -$ -$ 1,040$ 1,040$ 15,480$ 510Initial Assessment4 8 4 3652 9,540$ -$ -$ -$ -$ 676$ 676$ 10,216$ 520Meetings2 4 2 614 2,790$ -$ -$ -$ -$ 182$ 182$ 2,972$ 530Technical Memorandum Preparation and Quality Management Review4 8 4 208 44 7,700$ -$ -$ -$ -$ 572$ 572$ 8,272$ Subtotal - Task 500 10 0 20 10 62 0 0 8 110 20,030$ -$ -$ -$ -$ 1,430$ 1,430$ 21,460$ Total222 40 20 474 62 148 348 90 1,536 261,730$ 274 59,128$ 0 49,900$ 240 37,800$ 146,828$ 14,683$ 161,511$ 500$ 19,968$ 20,468$ 443,709$ Aspect Labor Hours Aspect Cost Linescape Labor Hours Linescape Cost EXHIBIT D Sub Markup @ 10% Task 400 - Project Bidding ServicesTotal Hours Carollo Labor Cost Sub Total Cost KPG Labor Hours KPG Cost Travel and Printing Task 200 - Preliminary Design TOTAL COST OTHER DIRECT COSTS Total ODC Total Cost Task 100 - Project ManagementTask 300 - DesignTASK / DESCRIPTIONTask 500 - Envision Initial Assessment1AGENDA ITEM #5. i)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, PROCLAIMING AN
EMERGENCY.
WHEREAS, the Mayor is empowered to proclaim the existence or threatened existence
of a local emergency in the City, when the City is affected or likely to be affected by a major
emergency or natural disaster; and
WHEREAS, the City of Renton has experienced significant impacts from a severe storm
event, State Mission Number 22‐0760, which began impacting Washington State on February
27, 2022, producing extreme rainfall resulting in saturated soils, landslides, stream bank and
slope erosion, fallen trees, and damaged roads; and
WHEREAS, City staff from multiple departments were required to transition to emergency
operations; and
WHEREAS, the potential exists for the severe storm event to produce significant impacts
to public property and critical infrastructure in the City; and
WHEREAS, Mayor Armondo Pavone and the City Council are requested by the Public
Works Department to proclaim the existence of a local emergency therein; and
WHEREAS, on March 3, 2022, the Mayor proclaimed an emergency, attached hereto as
Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are adopted as findings.
AGENDA ITEM # 7. a)
RESOLUTION NO. ________
2
SECTION II. An emergency did exist at the time of the proclamation of emergency by
Mayor Armondo Pavone. By these written recitals and findings, the City Council does hereby
ratify and approve the Mayor’s emergency proclamation, attached hereto as Exhibit A.
PASSED BY THE CITY COUNCIL this ______ day of ___________________, 2022.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _____________________, 2022.
______________________________
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication: ________
RES – EM/PW:1904:3/7/22
AGENDA ITEM # 7. a)
RESOLUTION NO. ________
3
EXHIBIT A
PROCLAMATION OF EMERGENCY
AGENDA ITEM # 7. a)
ArmondoPavoneMayorWHEREAS,intheCityofRenton,StateofWashington,theMayorisempoweredtoproclaimtheexistenceorthreatenedexistenceofalocalemergencyinthecity,whenthecityisaffectedorlikelytobeaffectedbyamajoremergencyornaturaldisaster;andWHEREAS,theCityofRentonhasexperiencedsignificantimpactsfromaseverestormevent,StateMissionNumber22-0760,whichbeganimpactingWashingtonStateonFebruary27,2022,producingextremerainfallresultinginsaturatedsoils,landslides,streambankandslopeerosion,fallentrees,anddamagedroads;andWHEREAS,CityofRentonstafffrommultipledepartmentswererequiredtotransitiontoemergencyoperations;andWHEREAS,thepotentialexistsfortheseverestormeventtoproducesignificantimpactstopublicpropertyandcriticalinfrastructureinthecity;andWHEREAS,PublicWorksAdministrator,MartinPastucharequeststhatMayorArmondoPavoneproclaimtheexistenceofalocalemergencytherein;andWHEREAS,MayorPavonefindsthatconditionsofperiltothesafetyofpublicpropertyandcriticalinfrastructurehavearisenwithinthecity,andthattheseconditionsaretheresultofheavyrainfallwhichproducedlocalizedflooding,damagetoroadwaysandothercriticalinfrastructure,andthattheperilsareanticipatedtocontinueforanunknownnumberofdays.NOWTHEREFORE,I,ArmondoPavone,MayoroftheCityofRenton,proclaimthatanemergencyexistsintheCityofRentonandproclaimasfollows:1.Theaboverecitalsarefoundtobetrueandcorrectinallrespect.2.Itisherebyproclaimedthatduringtheexistenceofsaidlocalemergency,thepowers,functions,anddutiesnecessarytostabilizeandcontrolsaidincidentareherebygiventoPublicWorksAdministrator,MartinPastuchaandhissuccessorordelegate,toaddresswithintheirrespectiveareasofresponsibilities.3.EachCityofRentonDepartmentisauthorizedtoexercisepowersvestedunderthisproclamationinlightoftheexigenciesofanextremeemergencysituation,includingbutnotlimitedtoseekingaid,staffingneeds,accommodationsandoperations,doingwhatCityofRentonProclamationofEmergencyRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM # 7. a)
isnecessaryinordertoprotectpublicpropertyandcriticalinfrastructure,andotheremergencyactionsthatmaybedeemednecessary.4.PursuanttotheprovisionsofRCW39.04.280andCityofRentonPolicyandProcedure250-02,paragraph6.10,thePublicWorksDepartment,byandthroughthePublicWorksAdministrator,MartinPastucha,isauthorizedtowaivecompetitivebiddingrequirementsandawardallnecessarycontractsonbehalfoftheCityofRentontoaddresstheemergencysituationandthosethatmayariseasaresultofit.Inemergencysituations,RCW39.04.280requiresthatawrittenfindingoftheexistenceofanemergencybemadebytheCityCouncilandenteredintothepublicrecordnolaterthantwoweeksfollowingtheawardofthecontract.5.Allnecessaryandappropriateemergencyassistanceshallbeprovidedtothevictimsofsuchdisaster.6.Thislocalemergencyshallbedeemedtocontinueforaperiodof30daysunlessextendedbytheMayorandCityCouncil.DatedMarch2,2022nPeayAttest:JanSeth,CityClerk1055SouthGradyWay,Renton,WA98057rentonwa.govAGENDA ITEM # 7. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A
PORTION OF CHELAN AVENUE NE AT APPROXIMATELY THE 1100TH BLOCK OF
CHELAN AVENUE NE, NORTH OF NE 10TH STREET. (CHELAN AVE STREET
VACATION; VAC‐21‐001.)
WHEREAS, a petition was filed with the City Clerk, pursuant to the requirements of
chapter 35.79 RCW, petitioning for the vacation of a portion of Chelan Avenue NE, and that
petition was signed by the owners representing more than two‐thirds (2/3) of the property
abutting upon the portion of street to be vacated; and
WHEREAS, the City Council, by Resolution No. 4451, passed on November 1, 2021, set
November 22, 2021, at 7:00 p.m., by means of the Zoom video conferencing web application
as the time and place for a public hearing on this matter; and the City Clerk gave proper notice
of this public hearing as provided by law, and all persons were heard who appeared to testify
in favor or in opposition on this matter, and the City Council considered all information and
arguments presented to it to determine whether the vacation is in the public interest, whether
the property is not required for overall circulation of traffic within the City, and that the
requested vacation is not detrimental to the public health, safety and general welfare; and
WHEREAS, the Administrator of the Community and Economic Development
Department has considered this petition for vacation, and has found it to be in the public
interest and for the public benefit, and that it is unlikely that injury or damage to any person
or properties will result from this vacation; and
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
2
WHEREAS, on March 14, 2022, the City Council determined that the vacation should
be granted, and adopted the recommendation of the Community and Economic Development
Department to set compensation pursuant to Renton Municipal Code 9‐14‐5.B at zero dollars
($0) for the right‐of‐way vacation in consideration of two mutually agreed right‐of‐way
dedications from the Petitioner;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The following described portion of Chelan Avenue, to wit:
A Portion of Chelan Avenue NE at Approximately the 1100th Block of Chelan
Avenue NE, North of NE 10th Street.
See full legal description in Exhibit “A” and depiction in Exhibit “B,” attached hereto
and made a part hereof as if fully set forth herein, is hereby vacated.
SECTION II. Upon recommendation of the Community and Economic Development
Department, and in consideration of the value of the mutually agreed right‐of way
dedications, compensation is hereby set at zero dollars ($0) for this right‐of‐way vacation.
SECTION III. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
A certified copy of this ordinance shall be filed with the King County Recorder’s Office,
and as otherwise provided by law.
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
3
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐CED:2204:3/1/22
AGENDA ITEM # 7. b)
EXHIBIT "A"
(RIGHT-OF-WAY VACATION)
THE WEST 30.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.,
IN KING COUNTY, WASHINGTON;
TOGETHER WITH WEST 12.00 FEET OF THE NORTH 77.05 FEET OF SOUTH 148 FEET OF THE NORTH
258.04 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.,
IN KING COUNTY, WASHINGTON;
CONTAINING 10,234 SQUARE FEET, OR 0.23 ACRES MORE OR LESS.
AGENDA ITEM # 7. b)
EXHIBIT "B"
NE 12TH STREET
30’
EASEMENT
FOR INGRESS
AND EGRESS
AFN 4503591
30’ WATER
PIPES
EASEMENT
REC. NO.
4732276
137TH AVE. SE
PUBUC
137TH AVE. SE
PUBUC
30’ ROAD AND
UTILITY EASEMENT
REC. NO.
7204120016
18’ WATER
EASEMENT
REC. NO.
4732272
30’ WATER
PIPES
EASEMENT
REC. NO.
4732271
S88' 34’ 08"E
12.00’
30’
in
CM
18'
___L____
/V£ lOTH STREET
22^5 North 30th Street,
t b*.'’
Suite 300,
Tacoma, WA 98403
253.383.2422 TEL
S88' 34’ 08”E
30.01’
SOO' 03’ 48’’E
77.05’
S88' 36 30 E
30.01’
ELECTRICAL
EASEMENT AS
CONSTRUCTED
WITHIN WEST 30’
REC. NO.
20030724002367
s LN NWjNEiNWj
N LN SW^.NELn’w^
30
12’ RIGHT-OF-WAY
FROM KING COUNTY TO CITY OF RENTON
REC. NO. 20050823000001
N
1”=200’
JOB NO. 2200373
September 18, 2020
RIGHT-OF-WAY VACATION
LEGAL BY: SAR EXHIBIT BY: SAR
w: \sdskproj\2020\2200373\2200373_row vacation exhibit
mop.dwg
SO' 03' 48”E
458.21’
niHIB L 253.383.2572 FAX
THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION
OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFUCT
BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH. THE
LEGAL DESCRIPTION SHALL PREVAIL
AGENDA ITEM # 7. b)