The URL can be used to link to this page

Home My WebLink AboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, July 11, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. Zoom Participants: Speakers providing audience comments through Zoom 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 AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Parks & Recreation Month 4. ADMINISTRATIVE REPORT a) Administrative Report 5. AUDIENCE COMMENTS • All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of 6/27/2022. Council Concur b) AB - 3156 City Clerk reports bids opening on June 9, 2022 for CAG-22-062, Bronson Way Bridge - Seismic Retrofit and Painting project, and submits the staff recommendation to award the contract to the lowest responsive and responsible bidder, Combined Construction, Inc., in the amount of $2,505,667. Council Concur c) AB - 3155 Parks & Recreation Department requests authorization to execute an agreement with United Way of King County, to accept $8,000 in grant funds for the 2022 Summer Meals Program. Council Concur d) AB - 3157 Public Works Transportation Systems Division recommends adoption of a resolution authorizing the temporary total closure of Bronson Way South between North Riverside Drive and Mill Avenue South for up to 42 calendar days between July 25 and December 31, 2022 to construct the Bronson Way Bridge – Seismic Retrofit and Painting Project. Refer to Transportation (Aviation) Committee e) AB - 3158 Public Works Transportation Systems Division recommends approval of an agreement with Perteet, Inc., in the amount of $3,442,794.80, for construction management services for the Rainier Ave S Corridor Improvements - Phase 4 project. Refer to Transportation (Aviation) Committee f) AB - 3159 Public Works Utility Systems Division submits CAG-20-161, Maplewood Water Treatment Plant Roof Replacement project, contractor D&D Construction 1, Inc., and requests acceptance of the project and release of the retainage bond after 60 days once all of the required releases are obtained. Council Concur 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers; Code Compliance Inspector Addition and Civil Engineer 3 Conversion; Sound Publishing Shop Local Program; King County Festivals and Events Grant; 2022 2nd Quarter Budget Amendment Ordinance and 2021/2022 Fee Schedule Resolution*; Philip Arnold Park Site Improvements Project Contract Award; Talbot Hill Reservoir Park Youth Athletic Facilities Grant for Park and Court Improvements*; Landscape Structure, Inc. Agreement for Senior Activity Center Outdoor Improvements; Surface Water Utility Engineering Specialist 3 Addition b) Planning and Development Committee: Stormwater Source Pollution Control* 8. LEGISLATION Resolution: a) Resolution No. 4471: Declaring Emergency - Lind Ave SW Closure b) Resolution No. 4472: Authorize Youth Athletic Facilities Grant Application (See item 7.a) Ordinances for first reading: c) Ordinance No. 6073: 2nd Quarter 2021/2022 Budget Amendment (See Item 7.a) d) Ordinance No. 6074: Stormwater Source Control Ordinance (See Item 7.b) Ordinance for second and final reading: e) Ordinance No. 6072: Ordinance Prohibiting Sale of Dogs Sourced from Puppy Mills (First Reading 6/27/2022) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 p.m. - 7th Floor - Council Chambers/Videoconference Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Proclamation Whereas, this July We Rise Up for Parks and Recreation and all the professionals who build strong, vibrant, and resilient communities through the power of parks and recreation; and Whereas, the City of Renton recognizes the importance of this work, because park and recreation professionals advocate for their communities in service of equity, climate readiness, and overall health and well‐being; and Whereas, parks and natural recreation areas ensure the ecological beauty of our community and provide places for children and adults to connect with nature and recreate outdoors; and Whereas, open space, trees, and natural areas are vital to ecological benefits of cooler, cleaner air and water; reduced energy consumption; and reduced surface water run‐off; and Whereas, parks and recreation encourages physical activities by providing space for popular sports, hiking trails, a golf course, swimming pools, and many other activities designed to promote active lifestyles; and Whereas, park and recreation programming and education activities, such as museum exhibits, out‐of‐school time programming, youth sports, environmental education, and nutrition services are critical to childhood development and also enhance the quality of life for all residents; and Whereas, the Parks and Recreation Department is guided by the City’s mission to build an inclusive, informed city and make community spaces safe, engaging, and accessible to all; Now, therefore, I, Armondo Pavone, Mayor of the City of Renton, do hereby proclaim July 2022 to be Parks and Recreation Month in the City of Renton, and I encourage all citizens to join me in this special observance. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 11th day of July, 2022. ________________________________________ Armondo Pavone, Mayor City of Renton, Washington AGENDA ITEM #3. a) Mayor’s Office Memorandum DATE: July 11, 2022 TO: Ryan McIrvin, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Come connect with Renton Police Department officers and personnel at Pop-Up with a Cop on Tuesday, July 12 at the Farmers Market from 3 to 7 p.m.; Thursday, July 14 at Gene Coulon Park from 4 to 7 p.m.; and Tuesday, July 26 at Sunset Neighborhood Park from 4 to 7 pm. Ask questions, get safety information, and get to know who is serving your community. Plus, there will be fun activities for all ages. • The next pop-up lunch event, sponsored by the Equity, Housing, and Human Services (EHHS) Department and Emergency Feeding Program, will be held on Tuesday, July 19, from 12 to 1:30 p.m. at Liberty Park. Lunch and personal hygiene kits will be available to those with food insecurities and/or who are unsheltered. • Surface Water Utility Division was awarded an Ecology Fiscal Year 2023 Stormwater Financial Assistance Grant in the amount of $927,000 for the construction of the Burnett and Williams Water Quality Retrofit Project. This project will improve water quality in the Cedar River and will upsize the storm systems along Williams Ave S and Burnett Ave S to reduce the risk of flooding. The design phase of this project was partially funded by a previously approved Ecology water quality grant. The design phase should be completed in Spring 2023 with construction starting in Summer 2023. • 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, July 11 through Thursday, July 14, 7:00 am to 4:00 pm. Asphalt repairs continue on SE 164th between 116th Ave SE and 122nd Ave SE. Flaggers will be directing traffic.  Monday, July 11 through Friday, July 15, 7:00 am to 2:30 pm. Single intermittent lane closures on the southernmost eastbound lane closure on NE Sunset Boulevard AGENDA ITEM #4. a) Ryan McIrvin, Council President Members of Renton City Council Page 2 of 2 July 11, 2022 between Aberdeen Ave NE overpass and Harrington Avenue NE due to utility construction. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, July 11 through Friday, July 15, 8:30 am to 3:00 pm. Intermittent lane closures on Logan Avenue N just south of N 8th Street due to roadway construction. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, July 11 through Friday, July 15, 8:30 am to 3:00 pm. Intermittent lane closures on N 8th Street between Logan Avenue N and Park Avenue N due to roadway construction. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, July 11 through Friday, July 15, 8:30 am to 3:00 pm. Intermittent lane closure on Lincoln Ave NE at NE 38th St due to utility work. Questions may be directed to Patrick Decaro, 425-207-6013.  Monday, July 11 through Friday, July 15, 8:30 am to 3:00 pm. Intermittent lane closure at the 4100 block of Lincoln Ave NE due to utility and roadway construction. Questions may be directed to Kip Braaten, 206-503-1746.  Monday, July 11 through Friday, July 15, 8:30 am to 3:00 pm. Intermittent lane closures in both directions of Duvall Avenue NE between NE 7th Street and NE Sunset Blvd due to utility construction. Questions may be directed to Tom Main, 206-999-1833.  Downtown Utility Improvement Project. Expect intermittent lane closures, parking restrictions and detours as work is being completed. Additional information can be found at rentonwa.gov/duip  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 of the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #4. a) June 27, 2022 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, June 27, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: 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 (Councilmember Vǎn attended remotely, joining at 7:05 p.m.) Councilmembers Absent: MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL EXCUSE COUNCILMEMBER VAN. CARRIED. A motion was made to excuse Councilmember Vǎn's absence from the meeting. However, at 7:05 p.m., Councilmember Vǎn joined the proceedings via the Zoom webinar platform. ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Patrice Kent, Senior Assistant City Attorney Jason Seth, City Clerk Kari Roller, Finance Department Administrator Kristin Trivelas, Finance Director Cailin Hunsaker, Parks & Trails Director Teresa Nishi, Volunteer Coordinator Linda Moschetti, Administrative Assistant - EHHS AGENDA ITEM #6. a) June 27, 2022 REGULAR COUNCIL MEETING MINUTES Commander Tracy Wilkinson, Police Department Attending Remotely: Kristi Rowland, Deputy Chief Administrative Officer Chip Vincent, Economic Development Administrator Ellen Bradley-Mak, Human Resources & Risk Management Administrator Kelly Beymer, Parks & Recreation Administrator Martin Pastucha, Public Works Administrator Amanda Askren, Acting Economic Development Director Ron Straka, Public Works Utility Systems Director Angie Mathias, Long Range Planning Manager PROCLAMATION a) Summer Meals Week Proclamation: A proclamation by Mayor Pavone was read declaring June 27 - July 1, 2022 to be Summer Meals Week in the City of Renton, encouraging all community members to join in recognizing this important service. Teresa Nishi, City of Renton Recreation Program Coordinator and Erika Dzangare, Food Security Impact Manager, United Way of King County, accepted the proclamation with appreciation. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. PUBLIC HEARING a) 2023/2024 Biennial Budget Public Input: This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Pavone opened the public hearing to consider the 2023/2024 Biennial Budget. Finance Administrator Kari Roller introduced herself to Council and noted her contact information for the public. She stated that this is the first of three public hearings for the 2023/2024 Biennial Budget, and tonight’s hearing is to simply solicit input from the public. There being no public comments, correspondence or deliberations, it was MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. 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: • Renton’s annual Water Quality report is now available at rentonwa.gov/water quality. Read about Renton’s water source and treatment, see how Renton complies with strict drinking water quality standards, and learn water-saving techniques. For a printed copy of the report, call 425-430-7287 or email Lauren Imhoff at lmhoff@rentonwa.gov. • On Tuesday, June 28, the Urban Forestry Division will be doing tree removal for public and road user safety on Maple Valley Highway on the westbound side, west of the AGENDA ITEM #6. a) June 27, 2022 REGULAR COUNCIL MEETING MINUTES parking area for Riverview Park. Traffic will be reduced to one lane in either direction on the eastbound side from 9:30 am until 2:30 pm. There will also be brief closures of all four lanes of traffic due to the position of the tree being removed. • The Coalition of Filipino American Organizations of Washington State (COFAO), in partnership with the city and other agencies, will sponsor a free food and grocery distribution event on Thursday, June 30 from 10 a.m. to 1 p.m. at Highlands Neighborhood Park, 800 Edmonds Ave NE. • Surface Water Utility Section is developing a Stormwater Management Action Plan to protect rivers, lakes and streams from pollution, and improve water quality in a selected high-priority basin of Renton’s watersheds. Help select the basin by Thursday, June 30. Learn more at rentonwa.gov/watersheds. • The next pop-up lunch event, sponsored by the Equity, Housing, and Human Services (EHHS) Department and Emergency Feeding Program, will be held on Tuesday, July 5, from 12 to 1:30 p.m. at Liberty Park. Lunch and personal hygiene kits will be available to those with food insecurities and/or who are unsheltered. • Come connect with Renton Police Department officers and personnel at Pop-Up with a Cop on Tuesday, July 12 at the Farmers Market from 3 to 7 p.m. and on Thursday, July 14 at Gene Coulon Park from 4 to 7 p.m. Ask questions, get safety information, and get to know who is serving your community. Plus, there will be fun activities for all ages. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Ashly Dale, unknown, from Bailing out Benji, stated that although she supports the proposed legislation (Ordinance No. 6072) prohibiting the sale of puppies sourced from puppy mills, she requested that the effective date be changed to 90 days or sooner, rather than the January 1, 2023 date. • Gina Carey, Renton, also noted that she supports the proposed ordinance prohibiting the sale of puppies sourced from puppy mills, she too requested that the effective date start within 30 or 60 days, rather than the January 1, 2023 date. • Justin Kerr, owner of Puppyland Renton, stated that no puppies sold at Puppyland are sourced from puppy mills. He remarked that the legislative process should have been more transparent and noted that his organization would require more than six months to comply. He asked that effective date be pushed out past the January 1, 2023 effective date. • Albert Sardinas, unknown, expressed support for Puppyland and remarked that the proposed legislation undermines the organization's ability to conduct business. He also noted that people should have the right to make their own choice as to where to purchase an animal. • Paula Sardinas, unknown, shared her experiences working with the Humane Society and other animal-related organizations, and stated that she opposes the proposed legislation prohibiting the sale of puppies sourced from puppy mills. She remarked that Puppyland does not sell puppies from puppy mills, and asked Council to pause adopting the legislation so more research could be done on this issue. AGENDA ITEM #6. a) June 27, 2022 REGULAR COUNCIL MEETING MINUTES • David Otto, unknown, spoke on behalf of Puppyland, and remarked that he had sent Council a letter outlining his opposition to the proposed legislation prohibiting the sale of puppies from puppy mills. He also questioned the legality of the proposed legislation as it was currently written. • Ben York, unknown, speaking on behalf of Puppyland, expressed opposition to the proposed legislation prohibiting the sale of puppies sourced from puppy mills. • Diane Dobson, Renton, speaking as Chief Executive Officer of the Renton Chamber of Commerce, expressed opposition to the adoption of the proposed legislation adjusting the City's Business and Occupation Tax rates. She urged Council to consider whether adjusting this tax was the best approach considering the businesses have struggled to get by during the pandemic and construction occurring in downtown Renton. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of June 13, 2022. Council Concur. b) AB - 3148 Community & Economic Development Department recommended adding a Code Compliance Inspector position and conversion of a vacant Civil Engineer 2 (salary grade a30) to a Civil Engineer 3 (salary grade a33), thus increasing the number of funded positions by one (1) Full-Time Equivalent (FTE). Refer to Finance Committee. c) AB - 3150 Community & Economic Development Department recommended approval of a contract with Sound Publishing, in an amount not to exceed $300,000, to establish a SHOP LOCAL program that offers a variety of advertising options for the businesses with the Renton Reporter to include online and in print options for a 3-month campaign. Refer to Finance Committee. d) AB - 3072 Equity, Housing, and Human Services Department recommended approval of a King County Festivals and Events grant, with King County, in order to receive $7,070 in grant funds to be applied to expenses incurred for the Multicultural Festival that occurred on May 6 and 7, 2022. Refer to Finance Committee. e) AB - 3151 Finance Department recommended approval of the 2nd Quarter budget amendment that amends the 2021/2022 Biennial Budget to increase revenues by $20,280,868, for an amended total revenues of $714,239,343 over the biennium, and increase the expenditures by $25,778,223, for an amended total expenditures of $922,049,024 over the biennium; and approval of a resolution amending the 2021/2022 Fee Schedule. Refer to Finance Committee. f) AB - 3152 Parks & Recreation Department - PPNR reported bid opening on June 8, 2022 for the Philip Arnold Park Improvements project, and submitted the staff recommendation to award the contract to the lowest responsive and responsible bidder, Active Construction, Inc., in the amount of $4,711,486.18. Refer to Finance Committee. g) AB - 3142 Parks & Recreation Department - PPNR recommended adopting a resolution authorizing application to the State Recreation and Conservation Office (RCO) for a $250,000 Youth Athletic Facilities (YAF) grant. Refer to Finance Committee. AGENDA ITEM #6. a) June 27, 2022 REGULAR COUNCIL MEETING MINUTES h) AB - 3146 Parks & Recreation Department - PPNR recommended approval of an agreement with Landscape Structures, Inc., in the amount of $248,292.46 for the Renton Senior Activity Center Outdoor Improvements project, and to adjust the budget accordingly. Refer to Finance Committee. i) AB - 3147 Public Works Utility Systems Division recommended authorizing a full-time equivalent position, Engineering Specialist III (salary grade a23), transferring $105,318 from the Surface Water Utility Fund Balance to cover the estimated salary, benefits, and equipment costs for the new position; and authorization to hire a preferred candidate at Step E of the salary scale. Refer to Finance Committee. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Committee of the Whole Chair McIrvin presented a report concurring in the staff recommendation to approve through the city facility renaming process that the Renton Senior Activity Center be renamed the “Don Persson Activity Center” as established in Policy 600-04. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Committee of the Whole Chair McIrvin presented a report concurring in the staff recommendation to renew the City’s 2022-2023 Property, Pollution, and Cyber Insurance policies in the amount of $944,498, for the period of July 1, 2022 through July 1, 2023. Rates are secured through a third-party broker, Alliant Insurance Services, which was approved by Council in 2015. Premium rates are determined by factors such as market conditions, the City’s loss run history, levels of coverage, and the City’s self-insured retention. The City will bind these insurance policies with Alliant Insurance Services on July 1, 2022. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Planning & Development Committee Chair Prince presented a report concurring in the staff and Planning Commission recommendation to adopt the 2022 Title IV Docket #17, Group A items. The Planning and Development Committee further recommended that ordinances for the items listed below be prepared and presented for first reading when they are complete. • #D-193: CN Zone Amendments (part of 2021 Title IV Docket #16 referral on March 8, 2021) • #D-209: Solar System Exemption • #D-210: Medical Institutions in EA • #D-211: Applicability of MFTE to Market Rate Townhomes • #D-212: Phasing Duration for Master Plans MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #6. a) June 27, 2022 REGULAR COUNCIL MEETING MINUTES d) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $10,381,696.12 for vouchers 10476-10483, 10485-10495, 406607-400633, 400642-401037; payroll benefit withholding vouchers 6864-6874, 400634-400641 and 4 wire transfers. 2. Payroll – total payment of $1,781,643.66 for payroll vouchers that include 609 direct deposits and 13 checks (05/16/2022-05/31/2022 pay period). 3. Kidder Mathews vouchers 1164-1183 totaling $38,498.02. 4. Municipal Court vouchers 018030-018044 totaling $5,827.70. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the amendment to CAG-22-028, with KPG Psomas, Inc., in the amount of $303,333.08, which re-assigns the contract due to a corporate merger, and modify the Scope of Work to include preparation of final bid documents and oversight assistance during the bid process. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Ordinance for first reading: a) Ordinance No. 6072: An ordinance was read amending Chapter 6‐5 of the Renton Municipal Code to add a new Section 6‐5‐4 prohibiting the sale, delivery, and marketing for sale of dogs sourced from puppy mills, authorizing corrections, providing for severability, and establishing an effective date of January 1, 2023. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING.* MOVED BY VǍN, COUNCIL STRIKE ALL OF THE WORDS FROM THE PREVIOUS MOTION AND INSERT "COUNCIL PAUSE THE ADOPTION OF THIS ORDINANCE UNTIL MORE RESEARCH ON THIS ISSUE CAN BE CONDUCTED BY COUNCIL."** **AMENDMENT TO THE MAIN MOTION DIED FOR LACK OF A SECOND. *MAIN MOTION CARRIED. AYES: MCIRVIN, PÉREZ, ALBERSON, RIVERA, O’HALLORAN, PRINCE NAYS: VǍN Ordinance for second and final reading: b) Ordinance No. 6071: An ordinance was read amending Subsection 5-25-4.A of the Renton Municipal Code by adjusting the Business and Occupation Tax rate, authorizing corrections, providing for a referendum procedure, providing for severability, and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS READ. AGENDA ITEM #6. a) June 27, 2022 REGULAR COUNCIL MEETING MINUTES ROLL CALL: AYES: MCIRVIN, PÉREZ, ALBERSON, RIVERA, O’HALLORAN, PRINCE NAYS: VǍN NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 8:01 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 27 Jun 2022 AGENDA ITEM #6. a) Council Committee Meeting Calendar June 27, 2022 July 4, 2022 Monday Independence Day Holiday – No Meetings July 11, 2022 Monday 3:15 PM Community Services Committee, Chair Rivera Location: Council Conference Room/Videoconference 1. Renton Multicultural Festival Highlights 4:00 PM Finance Committee, Chair O’Halloran Location: Council Conference Room/Videoconference 1. Code Compliance Inspector Addition and Civil Engineer 3 Conversion 2. Sound Publishing Shop Local Program 3. King County Festivals and Events Grant 4. 2022 2nd Quarter Budget Amendment Ordinance and 2021/2022 Fee Schedule Resolution 5. Philip Arnold Park Site Improvements Project Contract Award 6. Talbot Hill Reservoir Park Youth Athletic Facilities Grant for Park and Court Improvements 7. Landscape Structure, Inc Agreement for Senior Activity Center Outdoor Improvements 8. Surface Water Utility Engineering Specialist 3 Addition 9. Vouchers 5:00 PM Planning & Development Committee, Chair Prince Location: Council Conference Room/Videoconference 1. Stormwater Source Pollution Control 2. Docket 17 Group B Update 3. Emerging Issues in CED 6:00 PM Committee of the Whole, Chair McIrvin Location: Conferencing Center/Videoconference 1. Renton Chief’s Community Council 7:00 PM Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #6. a) AB - 3156 City Council Regular Meeting - 11 Jul 2022 SUBJECT/TITLE: CONTRACT AWARD: Bronson Way Bridge - Seismic Retrofit and Painting Project; CAG-22-062 RECOMMENDED ACTION: Council Concur DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: Contract Award: $2,505,667 Total Budget: $3,000,000 Engineer's Estimate: $2,039,825 SUMMARY OF ACTION: The City Clerk Division opened bids on June 9, 2022 for the Bronson Way Bridge - Seismic Retrofit and Painting Project; CAG-22-062. The bid opening met the following Council criteria: 1) There was more than one bid; 2) The lowest responsive and responsible bid was within project budget; and 3) There were no irregularities with the lowest responsive and responsible bid. However, the current project budget is not sufficient to cover all anticipated expenses for the project construction phase. Specifically, construction management services and 10% contingency on the construction contract is not available. Staff estimates the construction services (construction management, inspection, materials testing and documentation) will cost approximately $300,000. Staff estimates City expenses (staff time, etc.) will be approximately $14,500. A 10% contingency on the apparent low bid amount is $250,567. Adding these amounts to the apparent low bid amount results in a total anticipated expense of $3,070,734 for the construction phase. With an allocated budget of $2,514,500 for the construction phase, this leaves a potential funding shortfall of $556,234 for the project. However, staff estimates that the PE phase will have approximately $105,000 remaining in unspent and unencumbered funds upon completion of that phase and these funds will be transferred to the construction phase. This reduces a potential funding shortfall from $556,234 to $451,234. There is $452,00 in unassigned fund balance in the Transportation Syst ems Capital Improvement 317 Fund to cover this potential funding shortfall. These funds will be allocated as part of the third quarter budget adjustment. Since there is presently sufficient funding to award the construction contract, we are requesting that the Council award the construction contract to Combined Construction, Inc. in the amount of $2,505,677, to allow construction to move forward during the 2022 summer construction window. Therefore, staff recommends awarding CAG-22-062, Bronson Way Bridge - Seismic Retrofit and Painting Project, to the lowest responsive and responsible bidder, Combined Construction, Inc., in the amount of $2,505,667. EXHIBITS: A. Staff Recommendation Memo AGENDA ITEM #6. b) B. Project Letter from WSDOT C. Staff Bid Tab D. Summary - Eval Proposals for Responsible-Disqualified E. Summary - Eval Proposals for Responsive-Irregular F. Clerk Bid Tab STAFF RECOMMENDATION: Award the Bronson Way Bridge - Seismic Retrofit and Painting project, CAG-22-062, to the lowest responsive and responsible bidder, Combined Construction, Inc., in the amount of $2,505,667. AGENDA ITEM #6. b) Public Works Department Memorandum DATE:June 22, 2022 TO:Jason Seth, City Clerk FROM:Martin Pastucha, Administrator STAFF CONTACT:Derek Akesson, Transportation Project Manager (ext. 7337) SUBJECT:Bronson Way Bridge – Seismic Retrofit and Painting Project, Construction Contract CAG-22-062 The Transportation Systems Division recommends award of the construction contract for the Bronson Way Bridge – Seismic Retrofit and Painting Project (TIP #: 21-15), in the amount of $2,505,667.00, to Combined Construction, Inc., 3701 South Road, Mukilteo, WA 98275. Bids for this construction contract were received on Tuesday, June 7, 2022 and opened on Thursday, June 9, 2022. A total of three (3) bids were submitted and are summarized below in alphabetic order: SUBMITTED BY BID AMOUNT ABHE & SVOBODA, INC.$3,220,720.00 CECCANTI, INC.$2,956,534.40 COMBINED CONSTRUCTION, INC.$2,505,667.00 Staff has determined that the bid submitted by Combined Construction, Inc. is the lowest responsive bid and that the bidder is responsible per the mandatory bidder responsibility criteria of RCW 39.04.350(1). The surety has confirmed with staff that the bid bond submitted by Combined Construction, Inc. is valid. The Engineer’s Estimate for construction was $2,039,825.00. This figure was rounded up to $2.1 million in the project budget. All three bids were over the Engineer’s Estimate. The lowest responsive and responsible bid was $465,842.00 over the Engineer’s Estimate. After analysis of the bids, staff has determined that the bid submitted by Combined Construction, Inc. is a fair representation of the cost of the work associated with this project given the on-going supply chain shortages for various materials and the additional challenge of completing some major elements of this project (i.e. painting, paving) within the upcoming warm and dry weather work window of July through September. The City was awarded $3,000,000 in state grant funding by the Washington State Legislature for design and construction of this project. This state funding does not require matching funds from the City. Of this grant amount, $485,500 is allocated to the Preliminary Engineering (PE) phase of the project and the AGENDA ITEM #6. b) Jason Seth Page 2 of 2 June 22, 2022 remaining $2,514,500 is allocated to the Construction (CONST) phase of the project. With the apparent low bid amount of $2,505,667, there is sufficient funding to award the construction contract. However, the project budget is not sufficient to cover all anticipated expenses for the CONST phase. Specifically, construction services or a 10% contingency on the construction contract. Staff estimates the construction services (construction management, inspection, materials testing and documentation) will cost approximately $300,000. Staff estimates City expenses (staff time, etc.) will be approximately $14,500. A 10% contingency on the apparent low bid amount is $250,567. Adding these amounts to the apparent low bid amount results in a total anticipated expense of $3,070,734 for the construction phase. With an allocated budget of $2,514,500 for the construction phase, this leaves a potential funding shortfall of $556,234 for the project. However, staff estimates that the PE phase will have approximately $105,000 remaining in unspent and unencumbered funds upon completion of that phase and these funds will be transferred to the CONST phase. This reduces a potential funding shortfall from $556,234 to $451,234. There is $452,00 in unassigned fund balance in the Transportation Systems Capital Improvement 317 Fund to cover this potential funding shortfall. The funds would be allocated as part of the third quarter budget adjustment. Since there is presently sufficient funding to award the construction contract, we are requesting that the Council award the construction contract to Combined Construction, Inc. in the amount of $2,505,677. This construction contract provides for the removal the existing paint system and painting the steel main span; removing the rocker bearings and fixed bearings and installing elastomeric bearing pads; replacing expansion joints with compression seals; repairing deck curbs; retrofitting bridge deck drains, frames and grates; replacing asphalt wearing course with water proofing membrane and HMA wearing course. The work includes but is not limited to: installing worker access and containment system, removing paint; painting; bridge jacking; removing rocker and fixed bearings; forming and placing concrete and rebar; installing elastomeric bearing pads; removing expansion joints; installing compression seals; repairing concrete deck curbs; modifying bridge drains, frames, grates; removing asphalt pavement; repairing concrete deck; installing water proofing membrane; paving with HMA; sawcutting and sealing; and installing channelization markings. Attachments: Bid Tabulations WSDOT construction funding obligation letter dated June 6, 2022 cc: Jim Seitz, Transportation Director Bob Hanson, Transportation Design Manager Heather Gregersen, Transportation Program Coordinator File AGENDA ITEM #6. b) June 6, 2022 Mr. Jim Seitz Public Works Administrator-Transportation City of Renton 1055 South Grady Way Renton, Washington 98057-3232 City of Renton Bronson Way Bridge – Seismic Retrofit And Painting HLP-0900(031) Dear Mr. Seitz: The above project has received fund authorization, effective June 2, 2022, as follows: PHASE TOTAL STATE SHARE Construction $2,514,500 $2,514,500 Enclosed for your information and file is a fully executed copy of Supplement Number 2 to Local Programs State Funding Agreement LA-9495 between WSDOT and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. In addition, this supplement modifies your PE funds to a total of $485,500 ($485,500 state share). Effective August 1, 2016, Voluntary Minority, Small, Veteran and Women's Business Enterprise (MSVWBE) participation must be included in all Connecting Washington, Bike/Ped, and Safe Routes to School state funded projects issued through WSDOT Local Programs. This is a voluntary MSVWBE program for the construction phase of a project with a value of $500,000 and greater. All projects meeting the dollar value must include this specification. The General Special Provision (GSP) detailing the requirement is available at APWA 1-07.11 Option C. Also, required is an end of project report for any participation of MSVWBE on the project. The project report form is available on the WSDOT Local Programs website or through your Region Local Programs Engineer’s office. Once completed the form must be submitted to your Region Local Programs Engineer prior to the Final Inspection of your project, similar to the FHWA funded projects DBE reports. All future correspondence relating to the project is to be submitted to your Region Local Programs Engineer, Mehrdad Moini. Sincerely, Stephanie Tax Manager, Program Management Local Programs ST:jg:ml Enclosures cc: Mehrdad Moini, Northwest Region Local Programs Engineer, MS NB82-121 AGENDA ITEM #6. b) BID TABULATIONS PROJECT: BRONSON WAY BRIDGE ‐ SEISMIC RETROFIT AND PAINTING BID DATE: TUESDAY, JUNE 7, 2022 BID OPENING: THURSDAY, JUNE 9, 2022 ITEM NO.ITEM DESCRIPTION SPEC. SECTION UNIT QUANTITY UNIT PRICE* AMOUNT UNIT PRICE* AMOUNT UNIT PRICE* AMOUNT UNIT PRICE* AMOUNT 1 STRUCTURE SURVEYING 1‐05 L.S. 1 10,000.00 10,000.00 16,610.00 16,610.00 15,000.00 15,000.00 11,825.00 11,825.00 2SPCC PLAN 1‐07 L.S. 1 5,000.00 5,000.00 5,000.00 5,000.00 1,500.00 1,500.00 2,300.00 2,300.00 3NO TRESPASSING SIGN 1‐07 EACH 6 300.00 1,800.00 500.00 3,000.00 250.00 1,500.00 175.00 1,050.00 4HEALTH AND SAFETY PLAN 1‐07 L.S. 1 2,000.00 2,000.00 5,000.00 5,000.00 2,500.00 2,500.00 17,700.00 17,700.00 5 FA‐SITE CLEANUP OF BIO. AND PHYSICAL HAZARDS 1‐07 EST. 1 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 6 MOBILIZATION 1‐09 L.S. 1 185,439.00 185,439.00 270,000.00 270,000.00 1,431,690.00 1,431,690.00 322,000.00 322,000.00 7PROJECT TEMPORARY TRAFFIC CONTROL 1‐10 L.S. 1 25,000.00 25,000.00 280,000.00 280,000.00 107,500.00 107,500.00 170,000.00 170,000.00 8 FLAGGERS 1‐10 HR 480 90.00 43,200.00 80.00 38,400.00 55.00 26,400.00 127.00 60,960.00 9OTHER TRAFFIC CONTROL LABOR 1‐10 HR 480 90.00 43,200.00 80.00 38,400.00 55.00 26,400.00 136.00 65,280.00 10 CONSTRUCTION SIGNS CLASS A1‐10 S.F. 1,034 50.00 51,700.00 45.00 46,530.00 25.00 25,850.00 192.00 198,528.00 11 SEQUENTIAL ARROW SIGN 1‐10 HR 7,392 5.00 36,960.00 5.00 36,960.00 1.00 7,392.00 14.50 107,184.00 12 PORTABLE CHANGEABLE MESSAGE SIGN 1‐10 HR 8,064 15.00 120,960.00 9.00 72,576.00 2.00 16,128.00 17.50 141,120.00 13 ROADSIDE CLEANUP 2‐01 EST. 1 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 14 REMOVING PORTION OF EXISTING BRIDGE 2‐02 L.S. 1 14,000.00 14,000.00 30,000.00 30,000.00 15,000.00 15,000.00 20,781.00 20,781.00 15 SEALING EXISTING LONGITUDINAL AND TRANSVERSE JOINT 5‐03 L.F. 65 100.00 6,500.00 35.00 2,275.00 150.00 9,750.00 30.00 1,950.00 16 HMA SAWCUT AND SEAL 5‐03 L.F. 402 45.00 18,090.00 35.00 14,070.00 40.00 16,080.00 20.00 8,040.00 17 PAVED PANEL JOINT SEAL 5‐03 L.F. 170 60.00 10,200.00 45.00 7,650.00 40.00 6,800.00 50.00 8,500.00 18 HMA CL. 1/2 IN. PG 58H‐22 5‐04 TON 111 200.00 22,200.00 1,000.00 111,000.00 220.00 24,420.00 712.00 79,032.00 19 JOB MIX COMPLIANCE PRICE ADJUSTMENT 5‐04 CALC. 1 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 20 COMPACTION PRICE ADJUSTMENT 5‐04 CALC. 1 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 21 ASPHALT COST PRICE ADJUSTMENT 5‐04 CALC 1 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 22 WORK ACCESS ‐ BEARINGS 6‐01 L.S. 1 25,000.00 25,000.00 40,000.00 40,000.00 40,900.00 40,900.00 223,024.00 223,024.00 23 BRIDGE JACKING 6‐01 L.S. 1 50,000.00 50,000.00 60,000.00 60,000.00 156,620.00 156,620.00 112,155.00 112,155.00 24 CONC. CLASS 4000 FOR BRIDGE 6‐02 C.Y. 4 2,500.00 10,000.00 9,750.00 39,000.00 10,000.00 40,000.00 10,253.00 41,012.00 25 PRECAST BEARING PEDESTAL 6‐02 EACH 4 2,500.00 10,000.00 6,000.00 24,000.00 1,450.00 5,800.00 6,850.00 27,400.00 26 ST. REINF. BAR FOR BRIDGE 6‐02 LB. 1,910 4.00 7,640.00 10.00 19,100.00 3.00 5,730.00 14.00 26,740.00 27 DEFICIENT STRENGTH CONC. PRICE ADJUSTMENT 6‐02 CALC 1 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 28 EXPANSION JOINT MODIFICATION ‐ BRIDGE DECK 6‐02 L.F. 115 910.00 104,650.00 470.00 54,050.00 250.00 28,750.00 219.00 25,185.00 29 EXPANSION JOINT MODIFICATION ‐ BRIDGE SIDEWALK 6‐02 L.F. 24 910.00 21,840.00 500.00 12,000.00 400.00 9,600.00 408.00 9,792.00 30 ELASTOMERIC PAD ‐ SUPERSTR. 6‐02 EACH 4 10,000.00 40,000.00 9,940.00 39,760.00 5,500.00 22,000.00 15,252.00 61,008.00 31 MODIFY BRIDGE DRAIN ‐ ROADWAY 6‐02 EACH 4 1,000.00 4,000.00 3,500.00 14,000.00 1,450.00 5,800.00 2,046.00 8,184.00 32 MODIFY BRIDGE DRAIN ‐ SIDEWALK 6‐02 EACH 4 1,000.00 4,000.00 2,500.00 10,000.00 0.10 0.40 3,204.00 12,816.00 33 CLEANING AND PAINTING 6‐07 L.S. 1 594,000.00 594,000.00 539,000.00 539,000.00 340,000.00 340,000.00 865,593.00 865,593.00 34 SEALING AND CAULKING PACK RUST 6‐07 L.F. 500 20.00 10,000.00 15.00 7,500.00 10.00 5,000.00 50.00 25,000.00 35 CONTAINMENT OF ABRASIVES 6‐07 L.S. 1 100,000.00 100,000.00 412,125.00 412,125.00 300,000.00 300,000.00 89,132.00 89,132.00 36 TESTING AND DISPOSAL OF CONTAINMENT WASTE 6‐07 EST. 1 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 37 REMOVING EXISTING OVERLAY FROM BRIDGE DECK 6‐08 S.Y. 1,174 50.00 58,700.00 29.00 34,046.00 25.00 29,350.00 100.00 117,400.00 38 BRIDGE DECK REPAIR 6‐08 EST. 1 16,000.00 16,000.00 16,000.00 16,000.00 16,000.00 16,000.00 16,000.00 16,000.00 39 WATERPROOF MEMBRANE BR. NO. RENTON‐42 6‐08 S.Y. 973 30.00 29,190.00 32.00 31,136.00 30.00 29,190.00 82.00 79,786.00 40 EROSION/WATER POLLUTION CONTROL 8‐01 EST. 1 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 COMBINED CONSTRUCTION, INC. CECCANTI, INC. ABHE & SVOBODA, INC. 18100 Dairy Lane Mulkiteo, WA 98275 Tacoma, WA 98446 Jordan, MN 55352 SCHEDULE OF BID ITEMS AND QUANTITIES ENGINEER'S ESTIMATE 3701 South Road 4116 Brookdale Rd E Bronson Way Bridge ‐ Seismic Retrofit and Painting TED4004020 Page 1 of 2 Bid Tabulations 2022 AGENDA ITEM #6. b) BID TABULATIONS PROJECT: BRONSON WAY BRIDGE ‐ SEISMIC RETROFIT AND PAINTING BID DATE: TUESDAY, JUNE 7, 2022 BID OPENING: THURSDAY, JUNE 9, 2022 ITEM NO.ITEM DESCRIPTION SPEC. SECTION UNIT QUANTITY UNIT PRICE* AMOUNT UNIT PRICE* AMOUNT UNIT PRICE* AMOUNT UNIT PRICE* AMOUNT COMBINED CONSTRUCTION, INC. CECCANTI, INC. ABHE & SVOBODA, INC. 18100 Dairy Lane Mulkiteo, WA 98275 Tacoma, WA 98446 Jordan, MN 55352 SCHEDULE OF BID ITEMS AND QUANTITIES ENGINEER'S ESTIMATE 3701 South Road 4116 Brookdale Rd E 41 INLET PROTECTION 8‐01 EACH 16 200.00 3,200.00 250.00 4,000.00 75.00 1,200.00 125.00 2,000.00 42 STREET CLEANING 8‐01 HR 16 200.00 3,200.00 300.00 4,800.00 200.00 3,200.00 250.00 4,000.00 43 WATTLE 8‐01 L.F. 100 10.00 1,000.00 10.00 1,000.00 8.00 800.00 7.05 705.00 44 HIGH VISIBILITY FENCE 8‐01 L.F. 100 10.00 1,000.00 5.00 500.00 3.00 300.00 4.25 425.00 45 CURB REPAIR 8‐05 L.F. 40 800.00 32,000.00 675.00 27,000.00 1,200.00 48,000.00 1,500.00 60,000.00 46 CONCRETE REPAIR 8‐05 EST. 1 31,000.00 31,000.00 31,000.00 31,000.00 31,000.00 31,000.00 31,000.00 31,000.00 47 PLASTIC STOP LINE 8‐22 L.F. 11 20.00 220.00 100.00 1,100.00 60.00 660.00 71.00 781.00 48 PLASTIC TRAFFIC ARROW 8‐22 EACH 3 200.00 600.00 700.00 2,100.00 400.00 1,200.00 500.00 1,500.00 49 PROFILED PLASTIC LINE 8‐22 L.F. 1,100 5.00 5,500.00 11.25 12,375.00 10.00 11,000.00 11.00 12,100.00 50 TEMPORARY FENCING 8‐26 L.F. 104 8.00 832.00 25.00 2,600.00 5.00 520.00 82.00 8,528.00 51 SITE SECURITY 8‐27 L.S. 1 200,000.00 200,000.00 10,000.00 10,000.00 10,000.00 10,000.00 63,200.00 63,200.00 2,039,825.00 2,505,667.00 2,956,534.40 3,220,720.00 *NOTE: All applicable sales tax shall be included in the unit and lump sum bid price per section 1‐07.2(1) and WAC 458‐20‐171. TOTAL = Bronson Way Bridge ‐ Seismic Retrofit and Painting TED4004020 Page 2 of 2 Bid Tabulations 2022 AGENDA ITEM #6. b) Item Description COMBINED CONST. INC. CECCANTI, INC. ABHE & SVOBODA, INC. 1 Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. The bidder must: a At time of bid submittal, have certificate of registration in compliance with chapter 18.27 RCW; <Dept. of Labor and Industries> Yes. L&I Account ID 216,146-00. Account is current. Note: Quarter 1 of Year 2022 "11 to 20 Workers". Yes. L&I Account ID 367,252-00. Account is current. Note: Quarter 1 of Year 2022 "76 to 100 Workers". Yes. L&I Account ID 429,716-01. Account is current. Note: Quarter 1 of Year 2022 "4 to 6 Workers". b Have a current state unified business identified number;Yes. 603 119 288 Yes. 600 219 994 Yes. 600 405 978 c If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; an employment security department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW; Industrial Insurance - Yes (216, 146- 00). Employment security number (433852000) - No way to confirm number with Employment Security Dept. State Excise Tax Registration Number (38-3845239) - Listed on form. Does not match # listed on L&I. Should be same as UBI. Industrial Insurance - Yes (367, 252- 00). Employment security number (412312004) - No way to confirm number with Employment Security Dept. State Excise Tax Registration Number (600219994) - Yes . Industrial Insurance - Yes (429, 716- 01). Employment security number (486624000) - No way to confirm number with Employment Security Dept. State Excise Tax Registration Number (600405978) - Yes . d Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); No strikes or debarments have been issued per L&I. No strikes or debarments have been issued per L&I. No strikes or debarments have been issued per L&I. e If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ration, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapeter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; N/A. No training goal set. N/A. No training goal set. N/A. No training goal set. f Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determin the length of the training. Bidders that have completed three or more public works projects and have a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfies the training requirement or are exempt and make the records available on its website. Reponsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption Exempt from this requirement per L&I. Exempt from this requirement per L&I. Exempt from this requirement per L&I. g Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgement entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. No per L&I. No per L&I. No per L&I. 2 Before award of a public works contract, a bidder shall submit to the contracting agency a signed statement in accordance with RCW 9A.72.085 verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of subsection (1)(g) of this section. A contracting agency may award a contract in reasonable reliance upon such a sworn statement. Form submitted with bid. Signed by President of corporation. Form submitted with bid. Signed by Vice President of corporation. Form submitted with bid. Signed by Vice President of corporation. 3 In addition to the bidder responsibility criteria in subsection (1) of this section, the state or municipality may adopt relevant supplemental criteria for determining bidder responsibility applicable to a particular project which the bidder must meet. N/A N/A N/A a Supplemental criteria for determining bidder responsibility, including the basis for evaluation and the deadline for appealing a determination that a bidder is not responsible, must be provided in the invitation to bid or bidding documents. N/A N/A N/A b In a timely manner before the bid submittal deadline, a potential bidder may request that the state or municipality modify the supplemental criteria. The state or municipality must evaluate the information submitted by the potential bidder and respond before the bid submittal deadline. If the evaluation results in a change of the criteria, the state or municipality must issue an addendum to the bidding documents identifying the new criteria. N/A N/A N/A c If the bidder fails to supply information requested concerning responsibility within the time and manner specified in the bid documents, the state or municipality may base its determination of responsibility upon any available information related to the supplemental criteria or may find the bidder not responsible. All documents required for bid, submitted with proposal. All documents required for bid, submitted with proposal. All documents required for bid, submitted with proposal. d If the state or muncipality determines a bidder to be not responsible, the state or municipality must provide, in writing, the reasons for the determination. The bidder may appeal the determination with the time period specified in the bidding documents by presenting additional information to the state or municipality. The state or municipality must consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the state or municipality may not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. Appears to meet mandatory bidder responsibility criteria. Appears to meet mandatory bidder responsibility criteria. Appears to meet mandatory bidder responsibility criteria. e If the bidder has a history of receiving monetary penalties for not achieving the apprentice utilization requirements pursuant to RCW 39.04.320, or is habitual in utilizing the good faith effort exception process, the bidder must submit an apprenticeship utilization plan within ten business days immediately following the notice to proceed. N/A N/A N/A 4 The capital projects advisory review board created in RCW 39.10.220 shall develop suggested guidelines to assist the state and municipalities in developing supplemental bidder responsibility criteria. The guidelines must be posted on the board's web site. N/A N/A N/A Item Description COMBINED CONSTRUCTION, INC. CECCANTI, INC. ABHE & SVOBODA, INC. Valid Contractor's License? Yes Yes Yes Any Tax Debts during previous 6 year period? No No No Any License Violations during previous 6 year period? No No No Valid Worker's Comp Account? Yes Yes Yes Special Provision 1-02.14 Disqualification of Bidders Bidders A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1), as amended. Same criteria as listed above. Special Provision 1-02.1 Qualifications of Bidder (RCW 39.04.350(1)) BiddersCriteria Criteria AGENDA ITEM #6. b) Item Description COMBINED CONST. INC. CECCANTI, INC. ABHE & SVOBODA, INC. 1a The Bidder is not prequalified when so required.Not required Not required Not required 1b The authorized proposal forms furnished by the Contracting Agency are not used or are altered.NO NO NO 1c The completed bid forms contain any unauthorized additions, deletions, alternate Bids, or conditions.NO NO NO 1d The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract.NO NO NO 1e A unit price (price per unit) cannot be determined from the Schedule of Prices submitted in the Proposal NO NO NO 1f The Proposal Signature Page is not properly executed.NO. PRESIDENT OF CORPORATION SIGNED. NO. VICE PRESIDENT OF CORPORATION SIGNED. NO. VICE PRESIDENT OF CORPORATION SIGNED. 1g The Bidder fails to submit with their proposal, an original Bid Proposal Deposit in an amount equal to five percent (5%) of the Total Bid Amount, as required in Section 1-02.7 NO. BID BOND SUBMITTED WITH PROPOSAL. NO. BID BOND SUBMITTED WITH PROPOSAL. NO. BID BOND SUBMITTED WITH PROPOSAL. 1h The Bidder elects to provide a Proposal Bid Bond for the Bid Proposal Deposit and does not submit or properly execute the Proposal Bid Bond form included in the Bid Documents, as required in Section 1-02.7 NO. VALID BID BOND PER SURETY. NO. VALID BID BOND PER SURETY. NO. VALID BID BOND PER SURETY. 1i The Bidder fails to submit or properly complete a Subcontractor list, if applicable, as required in Section 1-02.6 NO NO NO NOTE: BIDDER LISTED ALL SUBS. STEEL/REBAR NOT LISTED. 1j The Bidder fails to submit or properly complete the Proposal for Incorporating Recycled Materials into the Project document, as required in Section 1-02.6(1)NO. 0% NO. 8% NO. 0% 1k The Bidder fails to submit or properly execut the Contractor Certification, Wage Law Compliance - Responsibility Criteria, Washington State Public Works Contractors document, as required in Section 1-02.6(2) NO NO NO 1l The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation NO NO NO 1m More than one proposal is submitted for the same project from a Bidder under the same or different names.NO NO NO 2a The Proposal does not include a unit price extension for every Bid item listed on the submitted Schedule of Prices NO NO NO 2b Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency.NO YES. EXAMPLE: MOB LISTED AS $1.4 MILLION. TOTAL BID WAS $2.9 MILLION. YES. EXAMPLE: WORK ACCESS LISTED AS $220K. OTHER BIDS $40K. ENGINEER'S EST $25K. 2c Receipt of Addenda is not acknowledged. N/A, No Addenda Issued N/A, No Addenda Issued N/A, No Addenda Issued 2d A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected).NO NO NO 2e If entries are not made in ink on the bid forms NO NO NO 3a The Bidder fails to submit with their Bid Proposal, evidence of the signatory's authority to sign the Bid Proposal on behalf of the business entity, as required in Section 1-02.6 YES. HOWEVER, PRESIDENT OF CORPORATION SIGNED. NO. VICE PRESIDENT SIGNED. MINUTES GRANTING AUTHORITY INCLUDED WITH PROPOSAL. NO. VICE PRESIDENT SIGNED. MINUTES GRANTING AUTHORITY INCLUDED WITH PROPOSAL. A Proposal will be considered irregular and may be rejected if: A Proposal may be considered irregular and may be rejected if: Special Provision 1-02.13 Irregular Proposals Criteria Bidders A Proposal will be considered irregular and will be rejected if: AGENDA ITEM #6. b) Project: Bronson Way Bridge - Seismic Retrofit and Painting Project- CAG-22-062 Due Date: June 7, 2022 at 12:00 pm Opening Date: June 9, 2022 at 1:00 pm CITY OF RENTON SUBMITTED BIDS - TABULATION SHEET Bid Total from Prop Prop Sched of Non-Sub Recycled Contractor Prop Bid Schedule of Prices Bid sum Cover Prices Collusion List Matls Cert Sign Bond *Sales Tax in Unit Prices ABHE & Svoboda, Inc 18100 Dairy Lane 1 Jordan X X X X X X X X X $3,220,720.00 MN 55352 James Svoboda Ceccanti, Inc. 4116 Brookdale Rd E 2 Tacoma X X X X X X X X X $2,956,534.40 WA 98446 Jon VanderGriend Combined Construction, Inc 3701 South Road 3 Mukilteo X X X X X X X X X $2,505,667.00 WA 98275 Kyle Smith Bidder FORMS Engineer's Estimate $2.1 MILLION AGENDA ITEM #6. b) AB - 3155 City Council Regular Meeting - 11 Jul 2022 SUBJECT/TITLE: 2022 Summer Meals Program in King County RECOMMENDED ACTION: Council Concur DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Cailin Hunsaker, Parks and Trails Director EXT.: 6606 FISCAL IMPACT SUMMARY: Requesting approval to allow $8,000.00 grant funding as reimbursements from United Way of King County for the 2022 Summer Meals Program in King County. SUMMARY OF ACTION: City of Renton will actively participate in reducing food insecurity through the 2022 Summer Meals Program in King County. United Way of King County and partners set a goal of serving over 575,000 meals throughout the Puget Sound region. In order to achieve this goal in Renton, United Way of King County is teaming up with Summer Food Service Program sponsors, such as Renton School District, to provide meals and snacks. To complement food service at designated parks, City staff teams up with AmeriCorps members to engage youth ages 18 years and younger to participate in recreation activities. Funding from this grant goes toward the purchase of arts and crafts supplies and sports equipment to support these activities. Participants work to reduce barriers to participation and increase awareness of the program through marketing promotions. Specifically, United Way-supported sites display and distribute United Way's Free Summer Meals marketing materials and the City includes information in the summer edition of its Recreation Program guide. In line with the Renton Business Plan 2022-2027, this Program supports the City's mission to "meet service demands and provide high-quality customer service" through partnerships, innovation and outcome management. EXHIBITS: A. United Way of King County Grantee Agency Contract 2022 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into an agreement with United Way of King County to accept $8,000.00 in grant funds with spending authority for the 2022 Summer Meals Program in King County. AGENDA ITEM #6. c) United Way of King County Contract No. 12650 From June 1, 2022 to August 31, 2022 This contract is made between United Way of King County and City of Renton (referred to as "the Contractor"). A.Term and Scope of Contract Throughout the term of this Agreement, which shall begin on June 1, 2022 and terminate on August 31, 2022, the Contractor shall provide United Way of King County (UWKC) with the scope and range of services and performance commitments described in the exhibits attached hereto. Such services shall at all times be provided on a basis that United Way of King County in its sole discretion considers to be satisfactory, and shall at a minimum be consistent with the performance standards set forth in Exhibit A-1 attached hereto and incorporated herein by this reference. The Contractor agrees to comply with all federal and state laws pertaining to charitable organizations and to maintain its existence and good standing in accordance with such laws. The Contractor agrees to comply with all UWKC terms, conditions and requirements as stipulated in this contract and exhibits. At any time during the contract period, UWKC may conduct an audit to verify compliance with contract terms and Contractor will promptly cooperate with respect to such audit and promptly and timely comply with UWKC’s requests for information and documentation that UWKC considers to be necessary or beneficial to the conduct of such audit. B.Amount of Contract United Way of King County shall compensate the Contractor according to the payment schedule shown in Exhibit B for satisfactory performance of the scope and range of services identified in the attached exhibits; provided, however, that in no event shall the total payments provided to the Contractor by UWKC hereunder exceed the sum of $8,000.00. C.Reports and Information The Contractor shall timely furnish United Way of King County with (a) the reports and other information required under the Scope of Work attached as Exhibit A-1 and the Reporting Requirements attached as Exhibits A-2 and A-3; and (b) such other reports and information as may be requested by UWKC related to this contract or the services provided hereunder with program funds, including statements and data demonstrating the effectiveness of the services provided in achieving the goals and objectives set forth in Exhibit A-1, Scope of Work. The Contractor will timely supplement, augment, and/or replace any such reports or other information upon request if and to the extent that United Way of King County finds them to be deficient, incomplete, or otherwise unsatisfactory for its purposes. UWKC may withhold payments otherwise due to the Contractor pending timely delivery of all such reports and information (including items requested during any audit conducted pursuant to the provisions of Paragraph A above). D.Amendments United Way of King County, at its sole discretion, may adjust amounts awarded under this contract or otherwise amend the contract, with at least thirty (30) days’ written notice, for changes in economic and other conditions affecting our community, including but not limited to: Grantee Agency Funding Contract City of Renton - Contract #12650 page 1 of 8 DocuSign Envelope ID: B41999E5-4C79-485F-892C-D86BA43AC737 AGENDA ITEM #6. c) 1.Determination that UWKC revenues are insufficient to meet current or emerging priorities, or 2.Determination that significant changes in public sector funding warrant changes in UWKC’s funding. E.Termination of Contract If the Contractor fails to meet or comply with the terms of this contract, United Way of King County may, at its sole discretion, take one or more, without limitation, of the following actions: 1.Work with the Contractor to develop a goal and timeline for compliance 2.Defer payments 3.Eliminate payments 4.Amend the award 5.Terminate the contract During the contract period, the Contractor will notify UWKC at least thirty (30) days prior to the effective date should the Contractor plan to discontinue a program that is tied to the funded work. UWKC may withhold payments and/or terminate all of its contractual obligations hereunder immediately if, at the sole discretion of UWKC, the Contractor mismanages or makes improper use of any funds provided hereunder, or refuses to comply with any of the terms and conditions of this contract. United Way of King County will require repayment of any funds determined by UWKC to be mismanaged by the Contractor. F.Entire Agreement This Agreement consists of nine (9) sections, together with the following exhibits. This Agreement and the exhibits set forth below contain the entire Agreement of the parties: Exhibit A1 – Scope of Work Exhibit A2 – Program Reporting Requirements Exhibit A3 – Grantee Requirements G.Governing Law This Agreement, including all matters of construction, validity and performance, shall be governed by and construed and enforced in accordance with the laws of the State of Washington, as applied to contracts made, executed and to be fully performed in such state by citizens of such state, without regard to its conflict of law rules. H.No Assignment Contractor may not assign any right, remedy, obligation, or liability arising under or pursuant to this Agreement without the consent of UWKC, which may be granted or withheld by UWKC in its discretion for any reason or no reason. Exhibit B – Payment Schedule City of Renton - Contract #12650 page 2 of 8 DocuSign Envelope ID: B41999E5-4C79-485F-892C-D86BA43AC737 AGENDA ITEM #6. c) I.Signatures The signatures on this document indicate that the parties are in agreement with all stipulations made herein. Contractor, your signature further indicates that you are currently in compliance with all contract terms, conditions and requirements. UNITED WAY OF KING COUNTY CITY OF RENTON Gordon McHenry, Jr. President/CEO Director/CEO Signature* Director/CEO Name (printed)* Director/CEO Title (printed)* Date SignedDate Signed * Required June 16, 2022 City of Renton - Contract #12650 page 3 of 8 DocuSign Envelope ID: B41999E5-4C79-485F-892C-D86BA43AC737 AGENDA ITEM #6. c) Breaking the Cycle of Poverty Award Investment Area 3007 Child Nutrition $8,000.00 Investment Area exempt from client demographic data collection PROJECT OVERVIEW The Contractor will actively participate in reducing summer hunger through the 2022 Summer Meals program in King County. United Way of King County (UWKC) and partners have set a goal of serving 500,000 meals this summer. In order to achieve this goal, UWKC is partnering with Summer Food Service Program sponsors and sites to expand access to meals and snacks during the summer months while youth are not in school. As a 2022 Summer Meals program grantee, you will work to reduce barriers to participation in the program and increase awareness of the program through promotion. Specifically, sites are expected to utilize and display United Way's Free Summer Meals marketing materials at United Way supported sites. DELIVERABLES 1.Estimated total number of meals served per day 2.Estimated number of additional meals served per day, compared to previous summers AWARD TOTAL $8,000.00 Exhibit A-1 Scope of Work City of Renton - Contract #12650 page 4 of 8 DocuSign Envelope ID: B41999E5-4C79-485F-892C-D86BA43AC737 AGENDA ITEM #6. c) Exhibit A-2 Program Reporting Requirements REQUIREMENT DUE DATE 1.Reporting The Contractor will provide services as outlined in Exhibit A-1 Scope of Work and will report to United Way regarding results achieved. Submission shall be made via email to: edzangare@uwkc.org and communityservices@uwkc.org End-of-Contract Report •Programs / services / activities that contribute to the Investment Area. •Meal count and results. •(Where applicable) Explain the success rate in terms of percent of total participants who achieved the outcome. •Accomplishments: describe what you were able to do as a result of United Way of King County funding. •What did you learn this year about the effectiveness of your services, the characteristics of the people you served and how you might improve future results? •Describe any differences in achievement rates for different groups based on characteristics such as gender, age, income or race / ethnicity. •Describe any trends, significant changes in population served or need for services. •Challenges: describe any issues that affected services End-of- Contract Report 09/15/2022 2.Success Story When requested, the Contractor will arrange for access to program staff and families for interviews, briefing sessions and other educational opportunities for individuals and groups such as donors and public officials. United Way will be sensitive to the number of requests made and will consult the Contractor about scheduling. The Contractor will work collaboratively with United Way to seek out and respond to funding opportunities for our core programs in ways that support the overall expansion in King County and build system sustainability. United Way may arrange coordination of payment under this contract. Submission shall be made via email to: edzangare@uwkc.org and communityservices@uwkc.org With End-of- Contract Report 09/15/2022 City of Renton - Contract #12650 page 5 of 8 DocuSign Envelope ID: B41999E5-4C79-485F-892C-D86BA43AC737 AGENDA ITEM #6. c) Exhibit A-3 Grantee Requirements The Contractor agrees to the following requirements: 1.Non-Discrimination Compliance Measures The Contractor shall not discriminate on the basis of age, gender, race, sexual orientation, national origin, religion, presence of a disability, or any other requirements of federal, state, or local law in the delivery of service. The Contractor acknowledges and understands United Way of King County’s strong commitment to and preference for funding contractors who prohibit discrimination based on age, gender, race, sexual orientation, national origin, religion and presence of a disability in all areas, including governance, employment or volunteer recruitment. Ongoing 2.Anti-Terrorism Compliance Measures In compliance with the spirit and intent of the USA Patriot Act and other counterterrorism laws, the Contractor represents that it takes reasonable steps to: Ongoing a.Verify that individuals or entities to which it provides, or from which it receives, funds or other material support or resources are not on the U. S. Government Terrorist Related Lists*; b.Protect against fraud with respect to the provision of financial, technical, in- kind or other material support or resources to persons or organizations on such lists; and c.Ensure that it does not knowingly provide financial, technical, in-kind or other material support or resources to any individual or entity that it knows beforehand is supporting or funding terrorism (whether through direct allocation by the United Way of King County Board of Directors or through the distribution of donor designated funds which it processes for donors participating in a United Way of King County fundraising campaign). *In this form, “U. S. Government Terrorist Related Lists” refers to (a) the list of persons and entities in Executive Order 13244, (b) the master list of Specially Designated Nationals and Blocked Persons maintained by the Treasury Department, and (c) the list of Foreign Terrorist Organizations maintained by the Department of State, as may be updated from time-to-time. 3.If the Contractor has a website, it will display the United Way of King County logo on its home page with hyperlink to http://www.uwkc.org and the statement, “Supported by United Way of King County.” Ongoing 4.The Contractor will display the amount of funding received from United Way of King County in newsletters, e-newsletters, annual reports or other documents where it acknowledges funding received. Ongoing 5.The Contractor will provide copies of electronic or hard-copy newsletters to: Communications Director, United Way of King County, 720 Second Avenue, Seattle, WA 98104, or to jerlandson@uwkc.org. Ongoing City of Renton - Contract #12650 page 6 of 8 DocuSign Envelope ID: B41999E5-4C79-485F-892C-D86BA43AC737 AGENDA ITEM #6. c) 6.The Contractor will maintain an up-to-date listing in the 211 registry.Ongoing 7.If funded for results targeting homeless individuals, the Contractor will comply with HMIS reporting requirements, unless specifically exempted from participation. All other results are exempt from this requirement. Ongoing 8.Throughout the contract period United Way of King County may provide opportunities for representatives of the Contractor to be involved in its fundraising campaign. The Contractor shall not use the United Way of King County fundraising campaign for its own fundraising purposes. Ongoing City of Renton - Contract #12650 page 7 of 8 DocuSign Envelope ID: B41999E5-4C79-485F-892C-D86BA43AC737 AGENDA ITEM #6. c) Exhibit B Payment Schedule Payment for (month)Date Payable Payment Amount June 2022 June 30, 2022 $8,000.00 Total Contract $8,000.00 Payment from United Way of King County for this contract shall not exceed $8,000.00 pending receipt of signed contract from Contractor. Payment(s) to be made on or before the last working day of the month as per the schedule below. City of Renton - Contract #12650 page 8 of 8 DocuSign Envelope ID: B41999E5-4C79-485F-892C-D86BA43AC737 AGENDA ITEM #6. c) AB - 3157 City Council Regular Meeting - 11 Jul 2022 SUBJECT/TITLE: Temporary Total Closure of Bronson Way South RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Derek Akesson, Transportation Project Manager EXT.: 7337 FISCAL IMPACT SUMMARY: There is no fiscal impact to the City by adopting the resolution. SUMMARY OF ACTION: The Bronson Way Bridge – Seismic Retrofit and Painting Project includes three main work elements. They are as follows: (1) Cleaning and Painting (remove existing paint to bare metal and apply new paint); (2) Seismic Retrofit (bridge jacking for bearing rep lacement); (3) Bridge Deck (remove asphalt wearing course, modify expansion joints, modify drains, repair concrete deck and curbs, waterproofing, paving). The total project duration is anticipated to be 60 working days (approximately 3 months). A tempor ary total street closure over the bridge is required to construct work elements 2 and 3. A temporary total street closure over the bridge is not required to construct work element 1, although it would be more efficient. However, work element 1 will require the closure of the outside traffic lanes and sidewalks over the bridge for the painting containment system. This containment will be installed over/around the main span girders which extend above the bridge deck To minimize the disruption to the traveling public, the temporary total street closure duration has been limited to those work elements that require a temporary total street closure. Namely, work elements 2 and 3. The temporary total street closure for work elements 2 & 3 is anticipated to occur for a period of up to 42 calendar days between July 25, 2022 (after Renton River Days) and December 31, 2022, depending upon Contractor’s schedule of work. The attached map of the primary detour routes shows the traffic alternatives during bridge closure. EXHIBITS: A. Vicinity Map B. Primary Detour Routes C. Resolution STAFF RECOMMENDATION: Adopt the resolution authorizing the temporary total closure of Bronson Way South between North Riverside Drive and Mill Avenue South for up to 42 calendar days between July 25 and December 31, 2022 to construct the Bronson Way Bridge – Seismic Retrofit and Painting Project. AGENDA ITEM #6. d) EXHIBIT ABRONSON WAY BRIDGE – SEISMIC RETROFIT AND PAINTINGVICINITY MAPAGENDA ITEM #6. d) EXHIBIT BBRONSON WAY BRIDGE – SEISMIC RETROFIT AND PAINTINGPRIMARY DETOUR ROUTESKEYNorthbound detourSouthbound detourStreet ClosureAGENDA ITEM #6. d) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE TEMPORARY FULL STREET CLOSURE OF BRONSON WAY SOUTH BETWEEN NORTH RIVERSIDE DRIVE AND MILL AVENUE SOUTH FOR THE BRONSON WAY BRIDGE – SEISMIC RETROFIT AND PAINTING PROJECT. WHEREAS, the City of Renton plans to construct improvements for the Bronson Way Bridge – Seismic Retrofit and Painting Project (“Project”); and WHEREAS, the Project will require a temporary full street closure of Bronson Way South between North Riverside Drive and Mill Avenue South; and WHEREAS, pursuant to RMC 9‐9‐3, such street closures require City Council authorization by means of a resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby authorize the temporary full closure of Bronson Way South between North Riverside Drive and Mill Avenue South, not to exceed forty‐ two (42) calendar days, anytime during the period of July 25, 2022 and December 31, 2022, for the purpose of constructing the improvements to the Bronson Way Bridge. SECTION II. Notice of the closure shall be posted and published as required by RMC 9‐ 9‐2 and 9‐9‐3. AGENDA ITEM #6. d) RESOLUTION NO. _______ 2 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‐PW TRANS:1911:6/16/22 AGENDA ITEM #6. d) AB - 3158 City Council Regular Meeting - 11 Jul 2022 SUBJECT/TITLE: Construction Management Agreement, CAG-22-164 with Perteet, Inc. for the Rainier Avenue S Corridor Improvements – Phase 4 Project RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Michelle Faltaous, Transportation Project Manager EXT.: 7301 FISCAL IMPACT SUMMARY: This professional services agreement for construction management services with Perteet, Inc. totals $3,442,794.80. The Rainier Avenue S Corridor Improvements – Phase 4 Project 2022 budget after the second quarter adjustment is $23,009,202.51, of which $3,720,000 has been budgeted for construction management services. Furthermore, Public Works Utilities is cost sharing the construction management contract with a total of $373,544, which will be funded for by the water utility ($273,104) and the wastewater utility ($101,322) utilities fund. SUMMARY OF ACTION: This professional services agreement retains the services of Perteet, Inc. for construction management services during construction of the project. The consultant will manage project documentation and record keeping, conduct weekly construction meetings, review materials and submittals, respond to requests for information and design change, review change orders, maintain progress payments, maintain construction files and generally ensure that the project is constructed per the contract. The contract also i ncludes materials testing as well as public outreach. The consultant will also provide daily construction reports and field measurements, traffic control inspection and daily photography. The consultant will be responsible for project start -up activities, project execution and project closeout requirements. The Water Utility and Wastewater Utility have infrastructure improvements to be constructed as part of the project. Each utility will pay for their share of the construction cost and contribute to the cost of the construction management agreement with Perteet Inc. based upon their prorated share of their construction cost and the total project construction cost. The Water Utility and Wastewater Utility have sufficient funding in their approved 2022 Capital Improvement Program budgets to fund their share of the construction management agreement. The services to be provided by the consultant are based on construction activity lasting approximately 2 years. Consistent with past projects on which Perteet, Inc. conducted construction management services, the consultant will be providing a project engineer, resident engineer and document control specialist. EXHIBITS: A. Agreement STAFF RECOMMENDATION: AGENDA ITEM #6. e) Authorize the Mayor and City Clerk to execute CAG-22-164 with Perteet, Inc. in the amount of $3,442,794.80 for Construction Management of the Rainier Avenue S Corridor Improvements – Phase 4 project. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 1 of 34 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba’s): Address TIB Project Number UBI Number Federal TIN Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes No DBE Participation Yes No MBE Participation Yes No WBE Participation Yes No SBE Participation Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation - N/A Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certification Documents Liability Insurance Increase - NOT USED Alleged Consultant Design Error Procedures Consultant Claim Procedures Maximum Amount Payable: $3,442,794.80 CAG-22-164 AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 2 of 34 THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the _________________________________________________________________, hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I.General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II.General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III.General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 3 of 14 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C – Preparation and Delivery of Electronic Engineering and other Data.” All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: Zip: City: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile: IV.Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled “Completion Date.” The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. 98057 98201 Rahmi Kutsal Perteet, Inc. 2707 Colby Ave, #900 Everett WA State: rahmi.kutsal@perteet.com (425) 252-7700 (425) 339-6018 Michelle Faltaous City of Renton 1055 Grady Way Renton State: WA mfaltaous@rentonwa.gov(425) 430-7223 (425) 430-7376 AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 4 of 14 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A.Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 5 of 14 A.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B.Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C.Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and billings for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT’s “Audit Guide for Consultants,” Chapter 23 “Resolution Procedures,” the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings E. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s Project Manager. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 6 of 14 VI.Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgment between the parties All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII.Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 7 of 14 VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: •Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) •Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) •Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) •Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) •Civil Rights Restoration Act of 1987 (Public Law 100-259) •American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) •23 CFR Part 200 •49 CFR Part 21 •49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX.Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT’s failure to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 8 of 14 The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X.Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.” XI.Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII.Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 9 of 14 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’, officers and employees’ failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub- consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 10 of 14 Insurance Coverage A.Worker’s compensation and employer’s liability insurance as required by the STATE. B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non- contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Agency: Address: City: Zip: Email: Phone: Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Michelle Faltaous City of Renton 1055 Grady Way 98057Renton State: WA mfaltaous@rentonwa.gov (425) 430-7223 (425) 430-7376 AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 11 of 14 XIII.Extra Work A.The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B.If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,” under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV.Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV.Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI.Certification of the Consultant and the Agency Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT. XVII.Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII.Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 12 of 14 XIX.Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state, or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver’s license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub- consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained, and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 13 of 14 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub- consultants’ information. XX.Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim, or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim, or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Page 14 of 14 Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. “Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. CITY OF RENTON PERTEET, INC. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit A Scope of Work Project No. See attached Exhibit A AGENDA ITEM #6. e) AGENDA ITEM #6. e) AGENDA ITEM #6. e) 1. GENERAL a. Construction Management. The Consultant shall manage the Project Construction as set forth in the Rainier Avenue Project Contract Construction Documents, WSDOT LAG Manual, 2018 WSDOT Standard Specifications, and the WSDOT Construction Manual except as may be modified below. b. Consultant’s Responsibilities. i. The Consultant staff consists of: 1. Construction Manager 2. Resident Engineer 3. Construction Observer, if employed by the Consultant 4. Documentation Specialist 5. Public Outreach Sub-Consultant ii. The Consultant’s responsibilities are the tasks assigned to Consultant staff as described within the task descriptions below. iii. The Consultant tasks, as assigned below, may be reassigned by the Consultant. The Consultant must notify the Project Manager of such reassignment. The Construction Manager shall remain responsible for completeness, accuracy, and timeliness of the Consultant’s work. c. City’s Responsibilities i. The City staff consists of: 1. Project Manager 2. Engineer 3. Construction Observer, if employed by the City ii. The City’s responsibilities are the tasks assigned to City staff as described within the task descriptions below. d. Other’s Responsibilities i. Engineer of Record Permit and Environmental Compliance Manager, and City Public Works Department shall be independently responsible for tasks assigned as described within the task descriptions below. e. Directing the Contractor i. The Contractor is responsible to get its direction from the contract documents. ii. Clarification will be made in writing in RFI’s. AGENDA ITEM #6. e) iii. Representatives of the Engineer are not authorized to accept Work, to accept materials, to issue instructions, or to give advice that is contrary to the Contract. Work done or material furnished which does not meet the Contract requirements shall be at the Contractor’s risk and shall not be a basis for a claim even if the representatives purport to change the Contract (Std. Spec. 1-05.2). In the event City or Consultant staff finds it necessary to give direction to the Contractor, the entity giving direction may be found responsible for the work so directed. A written record of the directive must be made. f. Duty of the Consultant. The presence of the Project Manager and/or the Engineer during construction or discussions with the Contractor does not change the duties and responsibilities of the Consultant, City, or Contractor. g. Deliverables The required deliverables, if any, are described in each of the tasks below. 2. RESPONSIBILITIES a. Construction Manager i. Staff management ii. Progress review iii. Billing iv. Preconstruction meeting (3.v.) v. Construction Observer and Documentation Specialist oversight (3.z.) vi. Weekly construction meetings (3.cc.) vii. Serial letters (3.vv.) viii. Protests (3.bbb.) b. Resident Engineer i. ROM (3.g.) ii. Non-materials submittal list (3.h.) iii. Bid analysis (3.i.) iv. Pre-award meeting (3.k.) v. Record keeping (3.o.) vi. Materials (3.q.) vii. Buy America (3.r.) viii. Subcontractors (3.s.) ix. DBE subcontractors (3.t.) x. Progress schedule (3.u.) AGENDA ITEM #6. e) xi. Preconstruction meeting (3.v.) xii. Labor (3.w.) xiii. Project labor list (3.x.) xiv. Contractor’s equipment rate list (3.y.) xv. Construction Observer and Documentation Specialist oversight (3.z.) xvi. Weekly construction meetings (3.cc.) xvii. Safety (3.dd.) xviii. Weekly statements of working days (3.ff.) xix. Contractor’s weekly look-ahead schedule (3.gg.) xx. Conformity with and deviations from plans and stakes.(3.hh.) xxi. Permanent monuments (3.jj.) xxii. Correction notices (3.kk.) xxiii. Work suspension. (3.mm.) xxiv. IDR’s (3.qq.) xxv. Pay notes (3.rr.) xxvi. RFI’s (3.tt.) xxvii. Training (3.uu.) xxviii. Serial letters (3.vv.) xxix. Progress payment forms (3.ww.) xxx. Force Account (3.xx.) xxxi. Progress payments (3.yy.) xxxii. Field directives (3.aaa.) xxxiii. Change orders (3.bbb.) xxxiv. Protests (3.ccc.) xxxv. Notices (3.ddd.) xxxvi. Change tracking (4.f.) xxxvii. Progress Schedule (4.h.) xxxviii. Posting Notices (4.i.) xxxix. CM construction office (5.h.) and (5.i.) c. Construction Observer (Inspector) i. Pre-award meeting (3.k.) ii. Non-materials submittal schedule (3.p.) iii. Materials (3.q.) iv. Subcontractors (3.s.) v. Preconstruction meeting (3.v.) AGENDA ITEM #6. e) vi. Labor (3.w.) vii. Construction Observer and Documentation Specialist oversight (3.z.) viii. Weekly construction meetings (3.cc.) ix. Safety (3.dd.) x. Contractor’s weekly look-ahead schedule (3.gg.) xi. Conformity with and deviations from plans and stakes (3.hh.) xii. Testing (3.ii.) xiii. Permanent monuments (3.jj.) xiv. Correction notices (3.kk.) xv. Environmental (3.ll.) xvi. Work suspension. (3.mm.) xvii. Photographs (3.nn.) xviii. Diary (3.oo.) xix. Field notebooks (3.pp.) xx. IDR’s (3.qq.) xxi. Pay notes (3.rr.) xxii. As-built plans (3.ss.) xxiii. Force Account (3.xx.) xxiv. Progress payments (3.yy.) xxv. Field directives (3.aaa.) xxvi. City Public Works Department Notification (3.eee.) xxvii. CM construction office (5.f.) d. Documentation Specialist i. ROM (3.g.) ii. Record keeping (3.o.) iii. Non-materials submittal schedule (3.p.) iv. Materials (3.q.) v. Buy America (3.r.) vi. Subcontractors (3.s.) vii. DBE subcontractors (3.t.) viii. Preconstruction meeting (3.v.) ix. Labor (3.w.) x. Construction Observer and Documentation Specialist oversight (3.z.) xi. Weekly construction meetings (3.cc.) xii. Meeting minutes (3.ee.) AGENDA ITEM #6. e) xiii. IDR’s (3.qq.) xiv. Pay notes (3.rr.) xv. RFI’s (3.tt.) xvi. Training (3.uu.) xvii. Serial letters (3.vv.) xviii. Progress payment forms (3.ww.) xix. Force Account (3.xx.) xx. Progress payments (3.yy.) xxi. Change orders (3.bbb.) xxii. Protests (3.ccc.) e. Public Outreach Sub-consultant i. Public outreach (3.fff.) f. Testing Laboratory i. ROM (3.f.) ii. Materials testing and approval iii. On-site compaction testing iv. On-site concrete testing g. Project Manager i. Advertisement (3.a.) ii. Contract addenda (3.b.) iii. Bidder questions (3.c.) iv. Bid deadline and opening (3.c. and d.) v. Conformed construction documents (3.f.) vi. ROM (3.g.) vii. Bid analysis (3.i.) viii. Determination of bidder responsibility and bid responsiveness (3.j.) ix. Pre-award meeting (3.k.) x. Preparation of contract documents for execution (3.l.) xi. Award (3.m.) xii. Execution (3.n.) xiii. Record keeping (3.o.) xiv. Materials (3.q.) xv. Subcontractors (3.s.) xvi. Preconstruction meeting (3.v.) xvii. Notice to proceed (3.z.) AGENDA ITEM #6. e) xviii. Work suspension. (3.mm.) xix. IDR’s (3.qq.) xx. Serial letters (3.vv.) xxi. Progress payment forms (3.ww.) xxii. Progress payments (3.xx.) xxiii. Change orders (3.aaa.) xxiv. Notices (3.ccc.) h. Engineer i. The Authority vested in the “Engineer” by the Standard Specifications shall be vested in the City Transportation Design Manager who performs the duties of the Certification Authority. ii. Directing the Contractor (1.e.) iii. Contract addenda (3.b.) iv. Bidder questions (3.c.) v. Conformed construction documents (3.f.ii) vi. Pre-award meeting (3.k.) vii. Materials (3.q.) viii. Preconstruction meeting (3.v.) ix. Work suspension. (3.mm.) x. Change orders (3.aaa.) xi. Protests (3.bbb.) i. Engineer of Record i. Contract addenda (3.b.) ii. Bidder questions (3.c.) iii. Conformed construction documents (3.f.) iv. ROM (3.g) v. Non-materials submittal list (3.h.) vi. Bid analysis (3.i.) vii. Pre-award meeting (3.k.) viii. Record keeping (3.o.) ix. Materials (3.q.) x. Preconstruction meeting (3.v.) xi. Weekly construction meetings (3.cc.) xii. Conformity with and deviations from plans and stakes (3.hh.) xiii. Permanent monuments (3.jj.) AGENDA ITEM #6. e) xiv. RFI’s (3.tt.) xv. Change orders (3.bbb.) j. Permit and Environmental Compliance Manager i. Review and approval of Contractor’s SPCC plan ii. Environmental (3.ll.) k. City Public Works Department i. Water Manager (3.ddd.) ii. Sewer and Surface Water Manager (3.ddd.) iii. Streets Manager (3.ddd.) 3. TASKS a. Advertisement i. Prepared by Project Manager ii. Placed in newspaper by City Clerk iii. Two separate ads, posted for the duration of 21 calendar days (LAG 46.2.24) iv. Electronic copies of the plans and specifications shall be placed by the Project Manager and shall be available, online, at Builder’s Exchange from the first date of advertisement, continuously, until physical completion. b. Contract Addenda i. Contract addenda will be prepared by the Engineer of Record, reviewed by Project Manager, and signed by Engineer (LAG 46.2.24). c. Bidder Questions i. Questions must be in writing, email preferable. ii. Answers will be prepared by the Engineer of Record, reviewed by the Project Manager, and signed by the Engineer. iii. All answers shall be made in writing and posted on the bidding website (Std. Spec. 1-02.4(1), last paragraph). iv. Answers that change the contract will generate contract addenda d. Bid deadline i. The bid delivery will be to the City Clerk and the deadline will be as advertised. e. Bid Opening i. The bid opening by the City Clerk will be at least 48 hours following the bid deadline AGENDA ITEM #6. e) f. Conformed Contract Documents i. Following the bid opening, the Engineer of Record will cause the contract documents to incorporate all the changes made during the bidding process. ii. The Engineer will sign the contract documents for construction approval. g. ROM (Constr. Man.9-1.2C) i. The Record of Materials shall be prepared independently by WSDOT or testing lab and the Engineer of Record and maintained by the Resident Engineer or Documentation Specialist ii. The ROM shall be prepared following bid opening and prior to Award iii. Made available at the Pre-award Meeting iv. See (3.q) h. Non-materials Submittal List (Constr. Man. 1-05 Other submittals page 1-51) i. The Engineer of Record and Resident Engineer shall independently prepare a list of all contract-required non-materials submittals. (See Figure 1-1, Constr. Man. 1-05 page 1-55) ii. Following bid opening and prior to award iii. Made available at the pre-award meeting iv. See (3.p) i. Bid Analysis i. The Project Manager shall tabulate all the bids by bid item and evaluate the apparent low bid for balance and other irregularities (Std. Spec. 1- 02.13.2.). The Engineer of Record and Resident Engineer shall review for concurrence. j. Determination of Bid Responsiveness and Bidder Responsibility i. The Project Manager shall determine bid responsiveness and bidder responsibility. A bid may be considered irregular and not responsive for any of the conditions listed in Std. Spec. 1-02.13. Further instruction that shall be followed is contained in LAG 46.2.26. ii. A bidder may be deemed not responsible and the proposal rejected for any of the conditions listed in Std. Spec. 1-02.14. Further instruction that shall be followed is contained in LAG 46.2.22, 27, and 28. iii. The Project Manager shall submit the low bid information to WSDOT Local Programs for review and approval. AGENDA ITEM #6. e) iv. Before award of a contract, a bidder shall submit to the contracting agency a signed statement in accordance with chapter 5.50 RCW verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of subsection (2)(f) of RCW 39.26.160. A contracting agency may award a contract in reasonable reliance upon such a sworn statement (RCW 39.26.160 (4)). k. Pre-award Meeting (Std. Spec. 1-02.15) i. The Project Manager shall schedule and preside over a pre-award meeting. ii. Required participants 1. Engineer 2. Project Manager 3. Engineer of Record 4. Resident Engineer 5. Construction Observer/s 6. Contractor’s Project Manager 7. Contractor’s Site Foreman/Superintendent iii. Agenda shall include at least the following: 1. Time of contract compliance letter and response 2. A pre-award progress schedule (3.o.ii). 3. Executed documents deadline 4. Construction phasing 5. Lump sum breakdowns 6. A complete statement of the origin, composition, and manufacture of any or all materials to be used; 7. ROM 8. Non-materials submittal List 9. Special citizen outreach requirements 10. Date for pre-construction meeting/s 11. Date for notice to proceed 12. Construction offices 13. Lay-down locations l. Preparation of contract documents for execution i. The Project Manager shall prepare the contract documents for execution by the Contractor. AGENDA ITEM #6. e) m. Award i. The Project Manager shall prepare the contract for award and submit the material to the City Clerk who will submit the contract to the City Council for award. n. Execution (Std. Spec. 1-03.3, RCW 35A.40.200, RCW 35.23.352(1)) i. The Project Manager will deliver the complete the contract package to the Contractor. ii. The Contractor must execute and return the contract documents in full within ten days from the date at which he or she is notified that he or she has been awarded the contract. iii. The Project Manager will deliver the contractor-executed contract to the City Clerk for the Mayor’s execution. o. Record Keeping i. Filing system. 1. The City will provide the filing format that shall be used by the Consultant 2. Original copies of all contract construction documents shall be kept and filed by the Documentation Specialist and delivered to the Project Manager in cardboard file boxes with printed external tables of contents upon contract completion. 3. Electronic copies of all contract construction documents shall be kept and filed by the Documentation Specialist and delivered to the Project Manager in PDF format on a “thumb drive” upon contract completion. ii. Timeliness. 1. The Documentation Specialist shall update the status of submittals and subcontractors on a daily basis and make them available to the Construction Observer and Resident Engineer and the Engineer of Record at 7:00 AM the morning following every status change. All other records shall be updated on a weekly basis and made available online to the City, the Contractor, and all members of the construction management team and at the weekly construction meeting following the status change. iii. Final records. AGENDA ITEM #6. e) 1. Upon contract completion, the Documentation Specialist shall provide the Project Manager with documentation of the work performed on the contract. Documentation consists of field books, inspector’s record of field tests, Resident Engineer’s and inspector’s diaries, all invoices, weigh bills, truck measurements, quantity tickets, receiving reports, field office ledgers, mass diagrams, cross-sections, computer listings, and work profiles. Photographs or video tapes before, during, and after construction could be useful, especially if care is taken to show any unusual conditions, equipment, or procedures (LAG Man. 52.8.83.4). iv. The Documentation Specialist shall be responsible for filing all meeting minutes (3.dd). v. Contractor Records 1. The Document Specialist shall obtain proof from the Contractor that it has met all the requirements for Records and Retention (Constr. Man. 1-07.11(10)B) p. Non-materials Submittal Schedule i. The Documentation Specialist shall maintain a non-materials tracking spreadsheet, supplied by the City, of status and delivery deadlines of non-material submittals for the purpose of notifying the contractor and construction observer of pending requirements for up-coming construction activity. ii. The Resident Engineer shall review the non-materials tracking spreadsheet at the weekly construction meetings q. Materials i. All materials must be approved by the Project Manager prior to use. The Resident Engineer shall insure that the quality of materials and workmanship on a project conform to the contract specifications (LAG 52.3) ii. All QPL, RAM, ASA, CMO, and MCC submittals shall be delivered to the Documentation, Resident Engineer, and the Project Manager. iii. Each RAM submittal package shall be delivered complete. Parts of assemblies submitted individually will be returned to the Contractor. RAMS that vary from the specifications must be reviewed and approved by the Engineer of Record. AGENDA ITEM #6. e) iv. The Documentation Specialist shall maintain and update a City form material submittal tracking spreadsheet with all material submittals. v. Materials shall also be tracked by bid item on appropriate WSDOT forms 272-024. vi. The Resident Engineer shall be responsible for reviewing materials submittals for conformance with the specifications and approving or obtaining materials approvals. vii. The Construction Observer shall receive all Materials on site. Only approved materials shall be accepted and all materials shall have identification stamps or tags. Non-approved materials and/or materials missing identification shall be rejected and either quarantined or removed from the site. Used materials shall be removed from the site immediately. viii. The Construction Observer shall keep trip tickets, invoices, weigh bills, truck measurements, quantity tickets or other record of the quantities of all materials delivered ix. Materials Certification. The Documentation Specialist shall provide the Engineer, for his signature, a completed Materials Certification form (DOT Form 140-574) upon completion. This materials certification shall be completed in accordance with Construction Manual Section 9-1.5 and Section 52.3 of the LAG Manual (LAG Man. 52.8.83.6). r. Buy America i. The Resident Engineer shall be responsible that all ferrous materials meet “Buy America” requirements (Special Provision 1.06). ii. The Documentation Specialist shall obtain and file all CMO’s (DOT Form 350-109) and/or MCC’s from the Contractor. s. Subcontractors i. All subcontractors must be approved by the Project Manager before performing any work on the project (Std. Spec. 1-08.1) ii. The Construction Observer shall keep track of all subcontractors on the job site and require removal of all unapproved subcontractors by the Contractor. iii. All subcontractors must meet the conditions set forth in Std. Spec. 1- 08.1. AGENDA ITEM #6. e) iv. The Contractor must submit a completed WSDOT form 421-012 for each proposed subcontractor. The request must be reviewed and approved by the Resident Engineer to ensure that the proposed subcontractor meets the requirements of WAC 296.127.10 (Constr. Man. 1-08.1.). v. All subcontractors must submit intents to pay prevailing wages documents L&I form F700-029-000 and appropriate addenda before performing any work on the project. vi. All contracts with all subcontractors and lower tier subcontractors shall contain the exact language contained in Form FHWA 1273 as revised May 1, 2012 vii. All subcontractors must have a City of Renton Business License. viii. The Contractor shall insert the notification set forth in the Standard Specifications in all solicitations for sub-contractor and supplier bids. (Std. Spec. 1-07.11(2)3.) ix. Subcontractor contract retainage requirements GSP1-08.1 (June 3, 2019 ) must be met. x. The Documentation Specialist shall keep files of all subcontractors and their submittals and shall maintain and update a City form subcontractor tracking spreadsheet with all subcontractor approval submittals. xi. Removal. If dissatisfied with any part of the subcontracted Work, the Engineer may request in writing that the Subcontractor be removed. (Std. Spec. 1-08.1 last paragraph). xii. If required, the Construction Observer shall observe and record VIN numbers on contractor trucks. t. DBE Subcontractors (See Special Provision for DBEs 1275) i. Upon award, the DBE goal percentage is replaced with the individual DBE sub-contractor dollar amounts provided with the bid that become Conditions of Award (COA’s) ii. COA DBE’s and their contract dollar amounts (Special Provision 1-07.11, page 52) cannot be changed without meeting the conditions set forth in LAG 26.3.6. iii. COA DBE’s shall be interviewed by the Resident Engineer on behalf of the Engineer and make CUF determinations using DOT Form 272-052, Special Provision 1-07.11, pages 50, 51. AGENDA ITEM #6. e) iv. Reporting. The Contractor shall use the WSDOT implemented DMCS to file DBE payment. The Documentation Specialist shall monitor DBE participation and track all Subcontractor payments and monitor attainment of Condition of Award (COA) Commitments. The Documentation Specialist shall yearly collect and submit EEO-Reporting (Form FHWA-1391). The Documentation Specialist shall monthly collect the Monthly Retainage Report (WSDOT Form 272-065) from the Contractor. v. The Construction Observer shall verify trucks that are on-site match the trucks listed by license plate on DOT Form 350-077. If trucks are on-site that are not listed on the log, document in the Inspector Daily Report the license plate number and identifying logo. Notify the Project Engineer of the unlisted trucks. u. Progress Schedule i. The Progress Schedule shall be type B unless otherwise indicated in the contract (Std. Spec. 1-08.3 (2)) and (Special Provisions, page 75). ii. Prepared by Contractor iii. A pre-award schedule, of sufficient detail to demonstrate completion of the project within the time of contract, shall be submitted at the pre- award meeting (Std. Spec. 1-02.15.3.). iv. A preliminary schedule shall be submitted five calendar days following Contract Execution (Std. Spec 1-08. 3(2)B). v. The entire project schedule, if different from the pre-award schedule, shall be submitted within 30 calendar days following contract execution. (Std. Spec. 1-08. 3(2)B) vi. The progress schedule shall be reviewed and approved or returned by the Resident Engineer 15 calendar days following submittal by the Contractor, (Std. Spec. 1-08. 3(2)B) vii. The Resident Engineer shall determine if the Contractor will perform at least 30% of the work (Std. Spec. 1-08.1) and: viii. Collectively, lower tier subcontractors shall not do work that exceeds 25 % of the total amount subcontracted (Std. Spec. 1-08.1.7.) to all Subcontractors except for structure work. ix. The Resident Engineer shall require updates, as may be required, for review and approval. (Std. Spec. 1-08. 3 (3)) AGENDA ITEM #6. e) v. Preconstruction Meeting (LAG Man. 52.2) i. The Pre-construction meeting shall be scheduled and managed by the Resident Engineer. ii. List of invitees shall include: 1. The Project Manager 2. The Project Specialist (Joey) 3. The Engineer 4. The Engineer of Record 5. The City’s Public Works representatives 6. The Resident Engineer 7. The Construction Manager 8. The Documentation Specialist 9. The Construction Observer/s 10. The Public Outreach Sub-consultant 11. The franchise utility representatives 12. The WSDOT Local Programs Engineer 13. The WSDOT inspector (for projects on state highways and/or in WSDOT limited access ROW. iii. The Agenda shall be prepared by the Resident Engineer and shall include at a minimum those items listed in (LAG Appendix 52.101) iv. First Order of Work (Std. Spec. 1-08.4) 1. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration. v. Forms 1. The Resident Engineer should provide the Contractor a description of all required forms, giving the Contractor an initial supply of each. Additional forms required by the Contractor over the course of the work should be provided by the Resident Engineer upon request by the Contractor. Remind the Contractor that all form submittals, including those of subcontractors, lower-tier subcontractors, and suppliers, should be routed through the Prime Contractor for submittal (Constr. Man. P. 1-52). w. Labor i. Minimum wages shall meet Federal or Washington State prevailing wage rates, whichever is higher. AGENDA ITEM #6. e) ii. Intents to pay prevailed wages 1. The Prime Contractor and all subcontractors and lower tier subcontractors must submit intents to pay prevailed wages. It is the responsibility of the Documentation Specialist to collect and file the intents (Std. Spec. 1-07.9 and Special Provisions). The Resident Engineer shall not permit the Contractor, subcontractors or lower tier subcontractors onto the job site until their Intents have been submitted and approved through the L&I website. iii. Certified payrolls 1. The Documentation Specialist shall collect and file all certified payrolls and shall not enter work into the progress payment form for payment to the Contractor, subcontractors or lower tier subcontractors, failing to submit the required certified payrolls within 10 calendar days of the of the end of the preceding weekly payroll period. (Std. Spec. 1-07.9(5) Certified payroll shall be submitted through the L&I web site. 2. The Documentation Specialist shall maintain and update a City form certified payrolls tracking spreadsheet containing all certified payrolls. iv. Affidavits of wages paid 1. The Documentation Specialist shall collect and file affidavits of wages paid from the Contractor and all subcontractors following physical completion. The City will not accept the project nor release the contract bond until all such affidavits have been delivered. (Std. Spec. 1-07.9(5) Affidavits shall be submitted through the L&I web site. v. Interviews (Constr. Man. 1-07.9(1)) 1. The Construction Observer shall perform interviews with the Contractor’s and subcontractor’s worker to verify payment of the correct wage rates.(Constr. Man. p. 1-86) DOT Form 424-003 x. Project Labor List (Std. Spec. 1-09.6.1.) i. Project labor lists of the charge rates for all employees shall be submitted by the contractor and all subcontractors for review and approval by the Resident Engineer prior to the notice to proceed. y. Contractor’s Equipment Rate List (Std. Spec. 1-09.4 and 1.09.6.3.) AGENDA ITEM #6. e) i. Contractor-owned equipment rates shall be submitted by the contractor for every piece of equipment potentially used on the job for review and approval by the Resident Engineer prior to the notice to proceed. z. Construction Observer and Documentation Specialist Oversight i. The Resident Engineer shall manage the activities of the Construction Observer and Documentation Specialist and provide direction and training as necessary. If the Construction Observer or Documentation Specialist is failing to perform assigned duties, the Resident Engineer shall attempt to correct the performance. If the Construction Observer or Documentation Specialist fails to make the corrections, he or she must be replaced. In the event the Construction Observer is a City employee, The Construction Manager shall prepare a written notice of performance failure that must be delivered to the Project Manager. ii. If the City employee fails to make the necessary corrections, the Project Manager will remove the City employee and the Resident Engineer may be required to replace the City employee with a Consultant Construction Observer. aa. Notice to Proceed i. The Project Manager will issue the notice to proceed to the Contractor. ii. Work must begin within 21 days of execution of contract (Std. Spec. 1- 08.4). bb. Mobilization (Std. Spec.1-09.7) i. Payment for mobilization will be made in strict compliance with the Standard Specifications. The numerators for the 5% and 10% thresholds calculations are the sums of the value of all bid item and force account work completed up to the cutoff date excluding any amount for the bid item, mobilization. The divisor for the 5% and 10% thresholds calculations is the total original contract amount. The basis for the 10% delayed payment limit until substantial completion is the total original contract amount. cc. Weekly Construction Meetings i. Held in the Consultant’s or Contractor’s construction office and presided over by the Resident Engineer. ii. Required attendees 1. Construction Manager AGENDA ITEM #6. e) 2. Resident Engineer 3. Documentation Specialist 4. Construction Observer 5. Public Outreach Sub-consultant 6. Project Manager 7. Engineer 8. Engineer of Record 9. Permit and Environmental Compliance Manager 10. Contractor Representatives iii. Agenda 1. Safety a. Contractor’s report b. Resident Engineer’s report c. Construction Observer’s report 2. Meeting minutes 3. Weekly statement of working days 4. Schedule progress a. Contractor’s weekly look-ahead schedule b. Up-coming pre-construction meeting dates c. Critical completion dates d. Contractor’s plan for meeting critical completion dates 5. Resident Engineer’s report 6. Construction Observer’s report 7. Environmental compliance report 8. Public outreach report. 9. Submittals a. Changes to the ROM b. Materials tracking spreadsheet review. c. Non- materials tracking spreadsheet review d. The Documentation Specialist shall review and supply updated copies of the materials and non-materials tracking spreadsheets at every construction meeting. 10. Certified payrolls AGENDA ITEM #6. e) a. The Documentation Specialist shall review and supply updated copies of the Certified payrolls tracking spreadsheets at every construction meeting. 11. RFI’s a. Status b. The Documentation Specialist shall review and supply updated copies of the RFI tracking spreadsheets and at every construction meeting. 12. Serial Letters a. Status b. The Documentation Specialist shall review and supply updated copies of the serial letter tracking spreadsheet at every construction meeting. 13. Change Orders a. Status b. The Documentation Specialist shall review and supply updated copies of the Change Order tracking spreadsheet at every construction meeting. 14. Training a. Contractor shall submit Training Program Approval (DOT Form 272-049) and Apprentice/Trainee Approval Request (DOT Form 272-050) b. The Documentation Specialist shall prepare Annual Project Training Report (DOT Form 272-060) and submit to Local Programs by December 20. 15. Subcontractor status a. DBE Status b. Written approvals c. Intents to pay prevailing wages d. Business licenses e. The Documentation Specialist shall review and supply updated copies of the subcontractor tracking spreadsheets at every construction meeting. dd. Safety (Std. Spec. 1-07.1) AGENDA ITEM #6. e) i. The Division of Occupational Safety and Health requires that every foreman, supervisor, or other person in charge of a crew have a valid first aid card. (Constr. Man. Page 1-72) ii. The Resident Engineer shall obtain the WISHA manuals, particularly Safety Standards for Construction Work WAC 296-155, General Safety and Health Standards WAC 296-24, and General Occupational Health Standards WAC 296-62, and shall review them with the Construction Observer/s to ensure reasonable familiarity to the extent that they can recognize important requirements. (Constr. Man. Page 1-73) iii. The Resident Engineer, shall complete OSHA Form 301 for each consultant employee injured. iv. Vehicular and pedestrian accidents within project limits shall be reported by the Construction Observer to the City Police at 911. Construction shall make a make a note in his IDR of what happened. ee. Meeting minutes i. Minutes of pre- construction, weekly construction, and all other contractor construction meetings shall be kept by the Documentation Specialist. Copies of said minutes shall be sent to all participants by the day following the meeting for review and comment and such comments shall be returned within 2 days following their receipt. Following corrections, as may have been necessary, the final minutes will be filed and delivered to the participants within an additional 2 days or at the next weekly construction meeting. ff. Weekly Statements of Working Days i. Shall be supplied by the Resident Engineer. In the event it is not available for delivery, the construction meeting will be interrupted and delayed until it is available. The costs for such delay, if any, shall be borne by the Consultant. ii. This report shall be on LAG Man. form 52.105 that details the number of workable/unworkable days charged to a project, the reason a day is charged as unworkable, daily weather codes, the current status of contract days, and a summary or the week’s construction activity. (Constr. Man. GEN 1-00.7(1)5.) gg. Contractor’s Weekly Look-Ahead Schedule AGENDA ITEM #6. e) i. The weekly look-ahead shall be for the two-week period beginning the day following the date of the weekly construction meeting. The weekly look-ahead schedule must be delivered to the Resident Engineer three working days prior to the weekly construction meeting (Std. Spec. 1- 08.3(2)D). In the event it is not so delivered, the construction meeting may be delayed by the Resident Engineer until he or she has completed his or her review and may suspend work for the period of the meeting delay (Std. Spec. 1-08.6.2.). The period of such work stoppage will be counted as working days (Std. Spec. 1-08.6.). ii. The Resident Engineer and the Construction Observer shall review the plans, specifications, special provisions, and bid items for work planned for the up-coming work period hh. Conformity With and Deviations From Plans and Stakes (Std. Spec 1-05.4) i. Construction staking 1. It is the responsibility of the Contractor to accurately set construction staking and to construct the project in conformance with the plans and specifications. It is the responsibility of the Construction Observer and Resident Engineer to be familiar with the plans and specifications. ii. PROWAG 1. The Construction Observer shall document PROWAG compliance on all wheelchair ramps and signal construction on WSDOT ADA Measurement Forms with instructions. iii. Preconstruction meetings 1. The Resident Engineer shall conduct pre-construction meetings as may be required by the non-materials submittal list and preceding construction of features such as wheelchair ramps and catch basins /manholes. 2. The Resident Engineer and Construction Observer shall conduct preconstruction meetings prior to construction of curbs at raised intersections, wheelchair ramps, and catch basins/manholes. A City, Rainier Avenue Project, standard plan for catch basin and manhole construction shall be supplied to the Contractor personnel. iv. Raised intersection gutters AGENDA ITEM #6. e) 1. The Construction Observer and Engineer of Record shall be present during the forming and pouring of the raised intersection gutters. v. Catch basins and manholes 1. The Resident Engineer and Construction Observer shall be present at the construction of the adjustment rings and frames. They shall both inspect all completed catch basins and manholes immediately following final adjustment and require reconstruction of those not meeting the requirements of the standard plan. ii. Testing i. The Construction Observer shall contact and schedule testing. ii. Materials testing will be by Terracon. iii. Compaction testing will be by Terracon. iv. Utilities testing will be by Public Works: water (name and phone number); sewer and storm (name and phone number). jj. Permanent Monuments (RCW 58.09.130) i. The Resident Engineer or the Construction Observer shall report to the Engineer of Record and Project Manager all permanent monuments found in the construction zone, not shown on the plans. Whenever a survey monument needs to be removed or destroyed, the application required by WAC 332-120-050 shall be submitted to the Department of Natural Resources. It shall be completed, signed and sealed by the Contractor’s land surveyor or engineer. ii. All applications must be completed on forms provided by the Department of Natural Resources and follow instructions provided by DNR. Completed applications shall be filed at DNR (WAC 332-120-070). iii. RCW 58.09.040 requires that, for all monuments that are set or reset, a record of the monument be filed on a Monumentation Map with the County Engineer in the county in which the corner exists and the original sent to the DNR for their records. kk. Correction Notices i. Deviations. When the Construction Observer observes the Contractor’s work deviating from the approved plans and/or specifications he/she shall immediately inform the person performing the unapproved work. AGENDA ITEM #6. e) ii. The oral notice shall be followed directly with a written correction notice from the Resident Engineer using a City-approved form and delivered to the contractor’s on-site foreman or superintendent. iii. The Contractor will not be paid for unapproved work and it must be removed and replaced unless the City and Contractor agree to execute a change order for an acceptable deviation. An adjustment in cost may be required. ll. Environmental i. Contractor compliance with permits and environmental regulations shall be the primary responsibility of the contractor and enforcement shall be the primary responsibility of the Permit and Environmental Compliance Manager. The Construction Observer shall report all violations observed to the Permit and Environmental Compliance Manager mm. Work Suspension i. The Resident Engineer may issue a work suspension order when there is overwhelming evidence of contractor disregard for an immediate threat to Life and Safety. (Std. Spec. 1-07.1) and (Constr. Man. 1-07.1 page 1- 75). 1. The first course of action is the Construction Observer gives oral notification to the foreman of the Contractor’s crew involved and phone notification to the local WISHA office and the Project Manager if the problem is not corrected immediately. If the Project Manager determines that immediate action is required he/she may direct the Construction Observer to immediately Issue a written work suspension order. 2. Second is oral and written notification to the Contractor’s Project Manager and the foreman or superintendent and the local WISHA field office: 3. Third, if the Contractor refuses to address the safety violation and no WISHA officer is available, the Engineer may issue a written work suspension order. ii. The Resident Engineer with input from the Permit and Environmental Manager may suspend work in the vicinity of archaeological or historical objects discovery. AGENDA ITEM #6. e) iii. The Resident Engineer shall suspend all work in the area of and adjacent to the discovery of human skeletal remains (Constr. Man. 1-07.16(4)A). iv. The Resident Engineer may suspend work in the area of a utility conflict until the solution of the conflict has been determined and a Field Directive has been issued. v. All other Work Suspension Orders must be issued by the Project Manager following consultation with the Engineer and the City Attorney. vi. The Work Suspension Order shall be on a City form and must contain, at a minimum, the following: 1. Identification of the Contract work being performed. 2. A description of the reason or alleged infraction including WISHA/OSHA rule if available. 3. Location. 4. Time. 5. The name of the Contractor’s person responsible for the alleged infraction. 6. Photographs and/or video showing the condition or alleged infraction. nn. Photographs i. The Construction Observer shall take photographs of all materials and their identification markings or tags upon delivery, all changes, and adequate photographs of construction to create a complete photographic record of the project construction. All photographs shall be date and time stamped and given a reference number, and a record kept of the locations of all photographs (Constr. Man. 10-3.14). oo. Diary i. The Construction Observer shall keep a diary record of construction activity. (Constr. Man. 10-3.6A) pp. Field Notebooks i. Field Notebooks shall be completed and maintained by the Construction Observer (Constr. Man. 10-3.12). qq. IDR’s i. The Construction Observer shall complete inspector daily reports for every day worked by the Contractor. The IDR’s shall be completed in compliance with Constr. Man. 10-3.6B and delivered to the AGENDA ITEM #6. e) Documentation Specialist, Resident Engineer and Project Manager In PDF format at the completion of each day’s work. ii. The IDR’s shall be made on WSDOT forms 422-004, 004A and 004B Revised 07/2019 iii. The Resident Engineer shall review all IDR’s. rr. Pay Notes (Field Notes) (Constr. Man. 10-3.12) i. The Construction Observer shall measure and complete records of quantities of all the bid items constructed each day using WSDOT Form IP 422-635ER EF Revised 2/2009 ii. The Construction Observer shall present the completed Pay Notes to the Contractor the following morning for review and signature and immediately forward to the Documentation Specialist and Resident Engineer. iii. The Resident Engineer shall review all pay notes. iv. The Documentation Specialist shall prepare and complete Pay Note records on Pay Note summary spreadsheets for each pay period. ss. As-Built Plans i. The Construction Observer shall keep an independent record of all changes from the plans in his or her diary and in red ink on a full-size set of the construction plans (Constr. Man. 10-3.11A). The as-built plans shall be clearly stamped “AS-BUILT DRAWINGS” and kept in the construction office until physical completion. ii. All corrections, repairs, revisions and additional details necessary to depict the work as it was constructed shall be shown on the as-built plans, whether considered the practice of engineering or not and whether considered a change to the contract or not. iii. The as-built drawings shall be current with entries made the day the construction changes were made. iv. Changes made pursuant to a Change Order shall be identified on the plans with the Change Order number. v. Photographs of the changes shall be taken and referenced on the plans by reference number. tt. Requests for Information (RFI’s) i. Contractor requests for information shall be answered in writing by the Resident Engineer. AGENDA ITEM #6. e) ii. If the RFI is for information missing from the plans or specifications, it shall be forwarded to the Engineer of Record for a response. iii. The Documentation Specialist shall maintain and update a City form RFI tracking spreadsheet containing all RFI’s. uu. Training i. The Documentation Specialist shall monitor the payment amount for bid item No. 5 for compliance and the Resident Engineer shall work with the Contractor to achieve compliance. (DOT Form 272-049) vv. Serial letters i. Serial letters shall be used for the tracking of time-sensitive communications that require responses, such as notices, claims, protests, etc. ii. The Construction Manager shall consult with the Resident Engineer and prepare the responses. They shall be reviewed by the Project Manager, reviewed by the Engineer, reviewed by the City Attorney if necessary, and sent to the Contractor. iii. The Documentation Specialist shall maintain and update a City form serial letter tracking spreadsheet for tracking all protests, disputes, claims, requests for additional time, and all other time sensitive correspondence between the City and the Contractor. ww. Progress Payment Forms i. Following award, the Project Manager shall input the contract schedule of prices on the City Progress Payment forms and then shall lock the input contract data and forward the completed forms to the Resident Engineer and Documentation Specialist. ii. Following execution of a change order, the Project Manager shall input the change order items and estimates and then shall lock the input change order data and forward the completed forms to the Resident Engineer and Documentation Specialist. iii. All the formula columns shall be locked. xx. Force Account (Std. Spec. 1-9.6) i. The Construction Observer shall track force account work on City forms. The forms shall be completed by the end of each day force account work was performed. The Construction Observer shall sign and obtain the signature of the Contractor’s representative on all completed force AGENDA ITEM #6. e) account tracking forms before the end of the following day. The Construction Observer shall forward all completed and signed force account tracking forms to the Resident Engineer, the Project Manager, and Documentation Specialist. yy. Progress Payments (Std. Spec. 1-09.90 i. Progress payment invoices shall be prepared and signed by the Documentation Specialist or Resident Engineer on forms provided by the City. All bid item quantities shall be based on the pay notes generated for that pay period. ii. All input by the Consultant will be in quantities from the Pay Note Summary spreadsheet. Check measurement and payment for the complete bid items of the specifications to ensure that the measurement conditions have been met. iii. The estimate to complete column must never contain formulas. The input shall be actual estimated quantities provided by the Construction Observer and reviewed by the Resident Engineer. iv. Completed progress payments must be reviewed and signed by the Project Manager prior to submittal to the Contractor for signature. v. The Engineer will review, sign, and submit the signed Progress Payment Invoices to the City Finance Division in time to insure payment to the contractor within 30 days from the Contractor’s signed progress payment invoices delivery to the City. zz. Materials on Hand (Std. Spec.1-09.8) i. Payment for materials on hand will be made in strict compliance with the Standard Specifications. aaa. Field Directives (Std. Spec. 1-04.4.) i. Written field directives shall be used to enforce correction notices or initiate change orders. They will be issued by the Resident Engineer or Construction Observer on City forms. ii. They shall include a description of required work and in the case of changes, a rough estimate. Signatures of the initiator, the Resident Engineer or Construction Observer are required and the Contractor’s representative for changes. bbb. Change Orders AGENDA ITEM #6. e) i. Change orders shall be prepared by the Resident Engineer on City approved forms, and in compliance with (Std. Spec. 1-04.4.) ii. Change orders must be reviewed and signed by the Project Manager, Engineer, Engineer of Record, Engineer, and others as may be required by City Policy. iii. The change order, approved and issued by the Engineer, will be given to the Contractor for endorsement. If the Contractor fails to endorse and return the change order, request an extension of time for endorsement or responds in accordance with Std. Spec. 1-04.4. within 14 days of delivery to the Contractor, it may be issued unilaterally by the City. iv. Change orders shall include only force account work, bid item work, or a lump sum. Mixing any of the above in one change order makes tracking of force account work impossible. v. Preparation of change orders shall begin immediately following issuance of field directives or the decision for a planned change. In the case of a planned change, the first step is a determination that the change is not a new project by the City Attorney. The preparation of all change orders is as follows: 1. Complete a description of the change. 2. Prepare a cost estimate by the Resident Engineer. 3. Get a change order quotation or estimate from the Contractor. 4. Establish force account estimate, bid item, or negotiated lump sum amount for the equitable adjustment. Force account change orders are preferable. 5. Update labor list and equipment rate list if necessary. 6. Complete a reason for the change. 7. Execute the change order. A change order has fixed unit prices and estimated bid item quantities, fixed as a lump sum, or an open estimate in the case of force account. In any case it must be executed immediately in order to pay the contractor for its work. Force account records are for progress payments, not change orders. vi. Minor Changes shall not be used. vii. Equitable Adjustment includes the cost of the labor, equipment, materials, bid items, if any, and the costs of non-main office extended overhead, if any (Std. Spec.1-09.4). AGENDA ITEM #6. e) viii. Completed change orders shall be filed by the Documentation Specialist. ix. The Documentation Specialist shall maintain and update a City form Change Order tracking spreadsheet that shall include all Field Directives and Change Orders. ccc. Protests i. The procedure for the Contractor to file a protest is set forth in Std. Spec. 1-04.5. ii. The Resident Engineer, with recommendation from the Construction Manager and as reviewed and approved by the Project Manager, shall propose resolution of protests, disputes and claims. (Std. Spec.1-09.11). Final determination of the response to the Contractor shall be made by the Engineer. iii. The Documentation Specialist shall track all protests, disputes and claims on a City form serial letter tracking spreadsheet. ddd. Notices i. The method for serving and receiving notices is set forth in Std. Spec. 1.05.15. Notices from the Contractor shall be sent to the Project Manager. Notices to the Contractor shall be prepared by the Resident Engineer and issued by the Project Manager. eee. City Public Works Department Notification i. The Construction Observer shall be responsible for notifying City Public Works employees when the following work is requested (3.ii.): ii. Water 1. Pressure Testing 2. Disinfection 3. Purity Testing iii. Sewer 1. Video 2. Pressure Testing 3. Manhole inspection iv. Surface Water 1. Video 2. Pressure testing 3. Manhole/Catch Basin inspection v. Streets AGENDA ITEM #6. e) 1. Curb/gutter inspection 2. Sidewalk inspection 3. Pavement inspection fff. Public Outreach i. Create and maintain project web page. ii. Respond to all phone calls and emails. iii. Maintain a record of all contacts with a separate file for any commitments made. iv. Deliver all contacts made with a name, contact information, and a description of the substance of the contact. v. Presence and delivery of a report at all construction meetings 4. CONTROLLING ORDER OF CONTRACT DOCUMENTS. (Std. Spec. 1-04.2) a. Addenda, b. Proposal Form, c. Special Provisions, d. Contract Plans, e. Amendments to the Standard Specifications, f. Standard Specifications, g. City of Renton Standard Plans h. Geotechnical Studies 5. CM CONSTRUCTION OFFICE a. The construction office shall be provided by agreement between the contractor, the consultant, and/or the City. b. Construction office equipment shall be provided by agreement. In the event there is a delay in power, cable, or phone connections or equipment deficiency of any kind, it shall be the responsibility of the consultant to temporarily provide such connections and/or equipment necessary to perform the duties of the consultant. The City will compensate the consultant for such temporary provision of connections and/or equipment required to be provided by others. c. Weekly Construction Meetings will be held in the consultant’s construction office. d. Scope of Work. This Scope of Work shall be kept and mounted on a wall in the construction office at all times. AGENDA ITEM #6. e) e. Plans and Specifications. A full size set of Project Plans together with all other Contract Documents shall be kept and available in the construction office at all times. f. Change Tracking. The Construction Observer shall track and record all changes on separate full size set of plans kept in the construction office. Changes shall be recorded in red the day of or following the change. g. Permits. Copies of all project permits shall be kept and mounted on a wall in the Consultant’s construction office at all times. h. Progress Schedule. A current Progress Schedule of the entire project shall be kept and mounted on a wall in the construction office at all times. The Resident Engineer shall track the construction progress with a yellow hi-liter. The construction progress tracking shall be based on the Pay Notes and be entered as soon as available. i. Posting Notices (Std. Spec. 1-07.9(2)) i. The Resident Engineer shall ensure that the Contractor posts the required notices listed in the referenced standard specification and the additional documents listed in (Constr. Man. 1-07.(2). ii. The location of the postings must be as set forth in the Standard Specifications at the job site or if the project is small and the Contractor has no on-site construction office, then alternatively, the Contractor my post the notices at the corporate office and supply each and every employee working on the project with copies of all the required notices. Table of contents 1. 1 General 1 a. Construction Management 1 b. Consultant’s Responsibilities 1 c. City’s Responsibilities 1 d. Other’s Responsibilities 1 e. Directing the Contractor 1 f. Duty of the Consultant 2 g. Deliverables 2 2. Responsibilities a. Construction Manager 2 b. Resident Engineer 2 c. Construction Observer 3 AGENDA ITEM #6. e) d. Documentation Specialist 3 e. Public Outreach Sub-consultant 4 f. Testing Laboratory 5 g. Project Manager 5 h. Engineer 5 i. Engineer of Record 6 j. Permit and Environmental Compliance Manager 6 k. City Public Works Department 6 3. Tasks a. Advertisement 6 b. Contract Addenda 7 c. Bidder Questions 7 d. Bid Deadline 7 e. Bid Opening 7 f. Conformed Contract Documents 7 g. ROM 7 h. Non-Material Submittal List 7 i. Bid Analysis 7 j. Determination of Bid Responsiveness and Bidder Responsibility 8 k. Pre-Award Meeting 8 l. Preparation of Contract Documents for execution 9 m. Award 9 n. Execution 9 o. Record Keeping 9 p. Non-Materials Submittal Schedule 10 q. Materials 10 r. Buy America 11 s. Subcontractors 11 t. DBE Subcontractors 12 u. Progress Schedule 13 v. Preconstruction Meeting 13 w. Labor 14 x. Project Labor List 15 y. Contractor’s Equipment Rate List 15 z. Construction Observer and Documentation Specialist Oversight 15 AGENDA ITEM #6. e) aa. Notice to Proceed 16 bb. Mobilization 16 cc. Weekly Construction Meetings 16 dd. Safety 18 ee. Meeting Minutes 18 ff. Weekly Statement of Working Days 18 gg. Contractor’s Weekly Look-Ahead Schedule 19 hh. Conformity With and Deviations From Plans and Stakes 19 ii. Testing 20 jj. Permanent Monuments 20 kk. Correction Notices 20 ll. Environmental 21 mm. Work Suspension 21 nn. Photographs 22 oo. Diary 22 pp. Field Notebooks 22 qq. IDR’s 22 rr. Pay Notes 22 ss. As-Built Plans 23 tt. Requests for Information (RFI’s) 23 uu. Training 23 vv. Serial Letters 23 ww. Progress Payment Forms 24 xx. Force Account 24 yy. Progress Payments 24 zz. Materials on Hand 25 aaa. Field Directives 25 bbb. Change Orders 25 ccc. Protests 26 ddd. Notices 26 eee. City Public Works Department Notification 27 fff. Public Outreach 27 4. Controlling Order of Contract Documents 27 CM Construction Office 28 AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit B DBE Participation Plan In the absence of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. No DBE goal has been identified for this project. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I.Surveying, Roadway Design & Plans Preparation Section A.Survey Data B.Roadway Design Files C.Computer Aided Drafting Files AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 D.Specify the Agency’s Right to Review Product with the Consultant E.Specify the Electronic Deliverables to Be Provided to the Agency F.Specify What Agency Furnished Services and Information Is to Be Provided AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 II.Any Other Electronic Files to Be Provided III.Methods to Electronically Exchange Data AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 A.Agency Software Suite B.Electronic Messaging System C.File Transfers Format AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit D Prime Consultant Cost Computations See attached Exhibit "D" AGENDA ITEM #6. e) City of RentonRainier Ave S Corridor Improvements – Phase 4Constructin Management Fee WorksheetConstruction ManagerResident EngineerConstruction SupervisorConstruction Engineer IISenior Construction ObserverSeniorConstructionTechnicianConstruction Technician IIISeniorAccountantLaborHoursLaborDollarsTask \ Hourly Rate $326.26 $167.84 $250.10 $125.73 $208.58 $142.68 $119.77 $148.87 Total TotalTask 1: Project Administration 624 112 0 0 0 0 0 52 788 $230,125.56General Project Management 560 112 - - - - - - 672$201,503.68Billing and Progress Report 64 - - - - - - 52 116$28,621.88Task 2: Construction Administration 1164 1920 124 1284 0 1108 2664 0 8264 $1,371,625.88Record of Materials (ROM) - 24 - - - 16 8 -48 $7,269.20Project File/Records Keeping 104 560 24 560 - 140 640 -2028 $300,960.64Submittals/Change Orders/Force Accounts 416 560 80 560 - 560 672 -2848 $480,517.60Progress Payments 416 104 4 52 - 280 672 -1528 $281,153.72Weekly Meetings/Interviews/Payrolls/Records Keeping 228 672 16 112 - 112 672 -1812 $301,724.72Task 3: Construction Observation 0 2240 0 2980 320 0 560 0 6100 $884,453.80On-Site Construction Observation/IDR/FNR/FA - 1680 - 2420 300 - 560 -4960 $715,883.00Record Drawings Field Notes & Mark-Up - 560 - 560 20 - - -1140 $168,570.80Task 4: Project Close-Out 6 200 0 56 0 64 160 0 486 $70,861.16As-Built & Record Drawings 4 40 - 24 - - - -68 $11,036.16Project Closeout Documentation 2 160 - 32 - 64 160 -418 $59,825.00Total Hours 1,794 4,472 124 4,320 320 1,172 3,384 52 15,638Total Dollars $585,310.44 $750,580.48 $31,012.40 $543,153.60$66,745.60 $167,220.96 $405,301.68 $7,741.24 $2,557,066.40 Stepherson & Associates (Labor Only - $260,950)$246,975.91 Mayes/Terracon (Labor Only - $196,971)$236,561.00 $2,557,066.40 Totals: $483,536.91 $483,536.91 $30,552.08 Mileage ($0.585/mile) $8,452.08 $120,599.50 Pavia Headlight System (3 units @ $300/Month) $21,600.00 $125,423.48 Courier, Reproduction, and Miscellaneous Expenses $500.00 $125,616.44 Totals: $30,552.08 $3,442,794.80 CONTRACT TOTALExpenses2023/24 Potential Salary Esc. (4%)2024/25 Potential Salary Esc. (4%)SubconsultantsExpenses:SUMMARYSubconsultantsLabor2022/23 Potential Salary Esc. (4%)AGENDA ITEM #6. e) ConstructionManagerConstruction SupervisorResidentEngineerSeniorConstructionObserverConstructionEngineer IISenior ConstructionTechnicianConstructionTechnician III Accountant$100.11 $76.74 $51.50 $64.00 $38.58 $43.78 $36.75 $45.68ICR ‐ 196.48% $196.70 $150.78 $101.19 $125.75 $75.80 $86.02 $72.21 $89.75Fee ‐ 29.42% $29.45 $22.58 $15.15 $18.83 $11.35 $12.88 $10.81 $13.44$326.26 $250.10 $167.84 $208.58 $125.73 $142.68 $119.77 $148.87Principal Project ManagerSenior Associate Associate 1 Associate 1Project Support Project Controls Sr.Graphic Designer$76.80 $41.00 $47.40 $27.90 $28.10 $26.20 $57.70 $45.50ICR ‐ 140.17% $107.65 $57.47 $66.44$39.11 $39.39 $36.72 $80.88 $63.78Fee ‐ 29.75% $22.85 $12.20 $14.10 $8.30 $8.36 $7.79 $17.17 $13.54$207.30 $110.67 $127.94 $75.31 $75.85 $70.72 $155.74 $122.81Project ManagerProject EngineerLaboratory ManagerMaterials Technician IIMaterials Technician ILaboratory Technician Project Admin$55.05 $50.20 $40.15 $32.03 $25.09 $25.09 $27.02ICR ‐ 185.70% $102.23 $93.22 $74.56 $59.48 $46.59 $46.59 $50.18Fee ‐ 29.75% $16.38 $14.93 $11.94 $9.53 $7.46 $7.46 $8.04$173.67 $158.34 $126.67 $101.05 $79.17 $79.17 $85.26TERRACONDSC ‐ Pay rateNegotiated RateSTEPHERSON & ASSOCIATESDSC ‐ Pay rateNegotiated RateRainier Ave S ‐ Phase 4 CM Fee CalculationsNegotiated Hourly Rate CalculationsDSC ‐ Pay rateNegotiated RatePERTEET EXHIBIT D-1AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit E Sub-consultant Cost Computations The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. 1. Stepherson & Associates Communications 2. Terracon Consultants, Inc. AGENDA ITEM #6. e) StaffPrincipal ProjectManagerSeniorAssociate Associate 1 Associate 1ProjectSupport ProjectControls Sr. GraphicDesignerHourly Rate$207.30 $110.67 $127.94 $75.31 $75.85 $70.72 $155.74 $122.81TOTAL HOURS69 848 50 350 916 85 50 175 2543TOTAL LABOR$14,303.70 $93,848.16 $6,397.00 $26,358.50 $69,478.60 $6,011.20 $7,787.00 $21,491.75 $245,675.91REIMBURSABLES$1,300.00TOTAL$246,975.91Total Hours24 48 0 0 16 0 50 0 138Total Labor$4,975.20 $5,312.16 $0.00 $0.00 $1,213.60 $0.00 $7,787.00 $0.00 $19,287.96Total Hours45 800 50 350 900 85 175 2405Total Labor$9,328.50 $88,536.00 $6,397.00 $26,358.50 $68,265.00 $6,011.20 $0.00 $21,491.75 $226,387.95Task 1: Project Administration and ManagementTask 2: Community EngagementRainier Ave. S. Corridor Improvements ‐ Phase 4Stepherson & Associates Public Outreach FeeEXHIBIT E - STEPHERSONAGENDA ITEM #6. e) EXHIBIT E - TERRACON AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] 3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4.Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a.withholding payments to the contractor under the contract until the contractor complies; and/or b.cancelling, terminating, or suspending a contract, in whole or in part. 6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: •Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. •The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); •Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); •Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; •The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); •Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); •The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); •Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; •The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); •Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; •Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); •Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G Certification Document Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Exhibit G-2 Exhibit G-3 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Exhibit G-4 AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the duly authorized representative of the firm of ______________________________________________________________________________________ whose address is ______________________________________________________________________________________ and that neither the above firm nor I have a)Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b)Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c)Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the _________________________________________ and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G-1(b) Certification of ________________________________________ I hereby certify that I am the: Other of the _______________________________________, and ________________________________________ or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a)Employ or retain, or agree to employ to retain, any firm or person; o b)Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the ___________________________________________ and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Transportation Design Manager Certification Authority AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; an D.Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II.Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit G-4 Certification of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer’s representative in support of ______________________________________* are accurate, complete, and current as of ______________________________________________**. This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing rate AGREEMENT’s between the offer or and the Government that are part of the proposal. Firm: ___________________________________________________________________________ Signature Title Date of Execution __________________________________________________________***: *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ _______________________ . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ __________________________________. Such insurance coverage shall be evidenced by one of the following methods: •Certificate of Insurance •Self-insurance through an irrevocable Letter of Credit from a qualified financial institution Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ ___________________________. •Include all costs, fee increase, premiums. •This cost shall not be billed against an FHWA funded project. •For final contracts, include this exhibit ______________________________________________________________________ NOT USED AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios: •It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. •It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. •There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Step 5 Forward Documents to Local Programs For federally funded projects, all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. •If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. •If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager. The consultant’s claim must outline the following: •Summation of hours by classification for each firm that is included in the claim •Any correspondence that directed the consultant to perform the additional work; •Timeframe of the additional work that was outside of the project scope; •Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and •Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures. AGENDA ITEM #6. e) Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s) If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: •Copy of information supplied by the consultant regarding the claim; •Agency’s summation of hours by classification for each firm that should be included in the claim •Any correspondence that directed the consultant to perform the additional work; •Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associate with the additional work; •Explanation regarding those areas in which the Agency does/does not agree with the consultant’s claim(s); •Explanation to describe what has been instituted to preclude future consultant claim(s); and •Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit CAG-22-164 AGENDA ITEM #6. e) AB - 3159 City Council Regular Meeting - 11 Jul 2022 SUBJECT/TITLE: Project Acceptance of the Maplewood Water Treatment Plant Roof Replacement, CAG-20-161 with D & D Construction 1, Inc. RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Katie Nolan, Project Manager EXT.: 7335 FISCAL IMPACT SUMMARY: The original contract amount was $421,683.00 and the final contract amount is $417,699.56. The decrease in contract cost of $3,983.44 is due to the deletion of minor items of work. SUMMARY OF ACTION: The Maplewood Water Treatment Plant Roof Replacement Project CAG 20-161 construction contract was awarded to D & D Construction 1, Inc. on August 3, 2021. The contractor started construction on March 7, 2022, and completed construction on May 27, 2022. The project consisted of the replacement of an existing and leaking asphalt shingle roof with a new metal roof at the Maplewood Water Treatment Plant. Leaking skylights were removed and interior ceiling panels were repaired and sealed. The project also included the replacement of metal flashings, gutters, and downspouts. EXHIBITS: A. Notice of Completion of Public Works Contract B. Final Contract Voucher Certificate STAFF RECOMMENDATION: Accept CAG 20-161 Maplewood Water Treatment Plant Roof Replacement project and authorize the release of the retainage bond after 60 days once all the required releases from the state have been obtained. AGENDA ITEM #6. 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 AGENDA ITEM #6. 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 #6. f) DocuSign Envelope ID: E40E7E34-5B42-466A-BAA3-D48CF34B0870AGENDA ITEM #6. f) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING AN EMERGENCY AND AUTHORIZING THE CLOSURE OF LIND AVENUE SW CROSSING INTERSTATE 405 BETWEEN SW 12TH STREET AND SW 16TH STREET. WHEREAS, the Mayor is empowered to declare 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, on June 13, 2022, the Lind Avenue SW overpass spanning Interstate 405 (I‐ 405) was severely damaged when a vehicle with an over‐height load struck the overpass where it crosses I‐405 near milepost 2.3 in King County, City of Renton; and WHEREAS, the damage sustained to the Lind Avenue SW overpass will require replacement of multiple overpass girders; and WHEREAS, the Washington State Department of Transportation (WSDOT) took emergency measures, to include revising travel lanes to restrict traffic on Lind Avenue SW from traveling over the damaged girders; and WHEREAS, the overpass damage and its effects continue to impact the life and health of the people in the state of Washington, as well as the property and transportation infrastructure, all of which affect life, health, property, and the public peace, and constitute a public emergency demanding immediate action; and WHEREAS, on June 27,2022 Jay R. Inslee, Governor of the state of Washington, issued Proclamation 22‐03 as a result of the above‐noted situation and under Chapters 38.52 and 43.06 RCW, proclaiming that a State of Emergency exists in King County in the state of Washington, and AGENDA ITEM # 8. a) RESOLUTION NO. ________ 2 directing the plans and procedures in the Washington State Comprehensive Emergency Management Plan be implemented. State agencies and departments are directed by Proclamation 22‐03 to utilize state resources and to do everything reasonably possible to assist affected political subdivisions in an effort to respond to and recover from the incident (see attached Proclamation 22‐03); and WHEREAS, the roadway closure duration is unknown; and WHEREAS, on June 13, 2022, the Public Works Administrator, Martin Pastucha, pursuant to RCW 47.48.010, RCW 47.48.020, and RMC 9‐9‐4,in concurrence with WSDOT and because of the emergency, closed Lind Avenue SW crossing I‐405 between SW 12th Street and SW 16th Street in Renton; and WHEREAS, Mayor Armondo Pavone and the City Council are requested by the Public Works Department to ratify and declare the existence of a local emergency and the roadway closure; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are adopted as findings. SECTION II. An emergency did exist at the time of the emergency closure of Lind Avenue SW between SW 12th Street and SW 16th Street. By these written recitals and findings, the City Council does hereby ratify and approve emergency declaration and road closure of Lind Avenue SW between SW 12th Street and SW 16th Street retroactively and indefinity until further notice. Reopening will be determined upon such time as repairs or replacement is made by WSDOT and determined by the Public Works Administrator or designee. AGENDA ITEM # 8. a) RESOLUTION 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: ________ RES – PW:1915: 6/30/22 AGENDA ITEM # 8. a) RESOLUTION NO. ________ 4 EXHIBIT A EMERGENCY PROCLAMATION BY THE GOVERNOR 22‐03 AGENDA ITEM # 8. a) EMERGENCY PROCLAMATION BY THE GOVERNOR 22-03 Lind Avenue Overpass Damage WHEREAS, on June 13, 2022, the Lind Avenue overpass spanning Interstate 405 was severely damaged when a vehicle with an over-height load struck the overpass where it crosses Interstate 405 near milepost 2.3 in King County; and WHEREAS, the damage sustained to the Lind Avenue overpass will require replacement of multiple overpass girders; and WHEREAS, the Department of Transportation took emergency measures, to include revising travel lanes to restrict traffic on Lind Avenue from traveling over the damaged girders. These emergency conditions related to the bridge strike caused immediate serviceability concerns and significantly reduced the lifespan of the bridge; and WHEREAS, repairs and necessary interstate highway closures were approved by the Washington State Secretary of Transportation. These emergency conditions caused serviceability concerns and significantly reduced the lifespan of the bridge. Repair will require the procurement of a contractor. The estimated cost to repair the damage from the collision is $2,000,000; and WHEREAS, the Washington State Department of Transportation is coordinating resources to repair the roadway and is working to implement repairs; and WHEREAS, the overpass damage and its effects continue to impact the life and health of the people in the state of Washington, as well as the property and transportation infrastructure, all of which affect life, health, property, and the public peace, and constitute a public emergency demanding immediate action. NOW, THEREFORE, I, Jay R. Inslee, Governor of the state of Washington, as a result of the above-noted situation and under Chapters 38.52 and 43.06 RCW, do hereby proclaim that a State of Emergency exists in King County in the state of Washington, and direct the plans and procedures in the Washington State Comprehensive Emergency AGENDA ITEM # 8. a) 2 Management Plan be implemented. State agencies and departments are directed to utilize state resources and to do everything reasonably possible to assist affected political subdivisions in an effort to respond to and recover from the incident. Signed and sealed with the official seal of the state of Washington on this 27th day of June, A.D., Two Thousand and Twenty-Two at Olympia, Washington. By: /s/ Jay Inslee, Governor BY THE GOVERNOR: /s/ Secretary of State AGENDA ITEM # 8. a) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDING ASSISTANCE FOR A YOUTH ATHLETIC FACILITY (“YAF”) PROJECT TO THE RECREATION AND CONSERVATION FUNDING BOARD FOR THE TALBOT HILL RESERVOIR PARK COURT IMPROVEMENTS. WHEREAS, the City of Renton (“City”) desires to make improvements to the Talbot Hill Reservoir Park court (the “Project”); and WHEREAS, under provisions of the YAF program, state grant assistance is requested by the City to aid in financing the cost of the Project; and WHEREAS, the City considers it to be in the best public interest to complete the Project described in the application; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City intends to apply for funding assistance managed by the Recreation and Conservation Office (“RCO” or the “Office”) for the Project. SECTION II. The City Council authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding the City on the Project: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Parks Planning Manager Project contact (day-to-day administering of the grant and communicating with the RCO) Parks Planning Manager AGENDA ITEM # 8. b) RESOLUTION NO. ________ 2 RCO Grant Agreement (Agreement) Mayor Agreement amendments Mayor Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. Mayor The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. The City shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. SECTION III. The City has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office’s WEB SITE at: https://rco.wa.gov/wp‐content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if the City’s representative/agent enters into an Agreement on the City’s behalf. The Office reserves the right to revise the Agreement prior to execution. SECTION IV. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the City for their assigned role/document. SECTION V. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on the part of the City. AGENDA ITEM # 8. b) RESOLUTION NO. ________ 3 SECTION VI. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of the City. SECTION VII. The City further understands that prior to the City’s authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. The City accepts the legal obligation that the City shall, prior to execution of the Agreement(s), confer with the City’s authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. The City also acknowledges and accepts that if the City’s authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with the City’s authorization. SECTION VIII. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the Project. SECTION IX. If match is required for the grant, the City understands that the City must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non‐cash matching share commitments to this project should they not materialize. SECTION X. The City acknowledges that if it receives grant funds managed by the Office, the Office will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from the Office after the City incurs grant eligible and allowable costs and pays them. The Office may also determine an amount of AGENDA ITEM # 8. b) RESOLUTION NO. ________ 4 retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. SECTION XI. The City acknowledges that any property owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy or Office in writing and per the Agreement or an amendment thereto. SECTION XII. This resolution/authorization is deemed to be part of the formal grant application to the RCO. SECTION XIII. The City warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the City has full legal authority to commit it to the warranties, certifications, promises, and obligations set forth herein. 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 AGENDA ITEM # 8. b) RESOLUTION NO. ________ 5 Approved as to form: _________________________ Shane Moloney, City Attorney RES‐P&R:1912:6/9/22 AGENDA ITEM # 8. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEARS 2021/2022 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 5991 AND AMENDED BY ORDINANCE NOS. 6017, 6021, 6030, AND 6062, BY INCREASING THE BUDGETED REVENUES AND EXPENDITURES BY $20,280,868 AND $25,778,223 RESPECTIVELY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 9, 2020, the City Council adopted Ordinance No. 5991 adopting the City of Renton’s 2021/2022 Biennial Budget; and WHEREAS, on May 3, 2021, the City Council adopted Ordinance No. 6017 carrying forward funds appropriated in 2020, but not expended in 2020 due to capital project interruptions and delays in invoice payments, which needed to be carried forward and appropriated for expenditure in 2021 requiring an adjustment to the 2021/2022 Biennial Budget; and WHEREAS, Ordinance No. 6017 also adopted an amended City of Renton Salary Table; and WHEREAS, on July 19, 2021, the City Council adopted Ordinance No. 6021 making minor corrections and recognizing grants, contributions and associated costs, and new cost items not previously included in the budget, which required additional adjustments to the 2021/2022 Biennial Budget; and WHEREAS, Ordinance No. 6021 also consolidated the Municipal Arts Fund 125 into the General Fund to be consistent with Generally Accepted Accounting Principles (GAAP) and the City’s annual financial report; and AGENDA ITEM # 8. c) ORDINANCE NO. ________ 2 WHEREAS, Ordinance No. 6021 also created the following new funds: Housing and Supporting Services Fund 130, Renton School District Impact Mitigation Fund 310, Issaquah School District Impact Mitigation Fund 311, and Kent School District Impact Mitigation Fund 312, to better track the resources and costs of the City; and WHEREAS, on November 15, 2021, the City Council adopted Ordinance No. 6030 providing a mid‐biennial review pursuant to Chapter 35A.34 RCW, and adopting an amended 2021 City of Renton Salary Table; and WHEREAS, on April 25, 2022, the City Council adopted Ordinance No. 6062 carrying forward funds appropriated in 2021, but not expended in 2021 due to capital project interruptions and delays in invoice payments, which needed to be carried forward and appropriated for expenditure in 2022 requiring an adjustment to the 2021/2022 Biennial Budget; and WHEREAS, Ordinance No. 6062 also closed the Community Development Block Grant Fund 004, and amended the 2022 City of Renton Salary Table to incorporate the changes in compensation and certain job classification resulting from reorganization of the Community and Economic Development Department; and WHEREAS, the 2022 City of Renton Salary Table was updated most recently on June 13, 2022 by Ordinance No. 6069; and WHEREAS, minor corrections and the recognition of grants, contributions and associated costs, and new cost items not previously included in the budget require additional adjustments to the 2021/2022 Biennial Budget; AGENDA ITEM # 8. c) ORDINANCE NO. ________ 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The City of Renton’s 2021/2022 Biennial Budget, originally adopted by Ordinance No. 5991 and amended by Ordinance Nos. 6017, 6021, 6030, and 6062, is hereby amended to increase revenues by $20,280,868, for an amended total revenues of $714,239,343 over the biennium, and increase expenditures by $25,778,223, for an amended total expenditures of $922,049,024 over the biennium. SECTION II. The City Council hereby adopts the amended 2021/2022 Biennial Budget. The 2022 2nd Quarter Budget Adjustment Summary by Fund is attached as Exhibit A and the 2021 Adjusted Budget Summary by Fund is attached as Exhibit B. Detailed lists of adjustments are available for public review in the Office of the City Clerk, Renton City Hall. 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. 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 AGENDA ITEM # 8. c) ORDINANCE NO. ________ 4 Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD‐Finance:2227:6/17/22 AGENDA ITEM # 8. c) ORDINANCE NO. _______ 5 Exhibit A: 2022 2nd Quarter Budget Adjustment Summary by Fund BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCEFund 2022 Beg Fund Bal Changes 2022 Adj. Fund Bal 2022 Budgeted Revenue Changes 2022 Adjusted Revenue 2022 Budgeted Expenditure Changes 2022 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 0XX GENERAL FUND69,102,662 ‐ 69,102,662 129,016,692 170,816 129,187,508 134,221,843 6,123,481 140,345,324 57,944,846 (13,726,491) 44,218,355 110 SPECIAL HOTEL‐MOTEL TAX728,421 ‐ 728,421 200,000 20,000 220,000 508,207 20,000 528,207 420,214 420,214 127 CABLE COMMUNICATIONS DEVELOPMENT731,245 ‐ 731,245 57,674 ‐ 57,674 427,209 ‐ 427,209 361,710 361,710 130 HOUSING AND SUPPORTIVE SERVICES 3,171,729 ‐ 3,171,729 3,490,000 ‐ 3,490,000 1,710,000 ‐ 1,710,000 4,951,729 4,951,729 135 SPRINGBROOK WETLANDS BANK234,325 ‐ 234,325 ‐ ‐ ‐ 51,000 ‐ 51,000 183,325 183,325 140 POLICE SEIZURE631,525 ‐ 631,525 ‐ ‐ ‐ 631,525 ‐ 631,525 ‐ ‐ 141 POLICE CSAM SEIZURE174,826 ‐ 174,826 ‐ ‐ ‐ 174,826 ‐ 174,826 ‐ ‐ 215 GENERAL GOVERNMENT MISC DEBT SVC5,218,125 ‐ 5,218,125 4,533,969 ‐ 4,533,969 4,341,920 ‐ 4,341,920 5,410,174 (2,717,575) 2,692,599 303 COMMUNITY SERVICES IMPACT MITIGATION3,433,393 ‐ 3,433,393 86,500 ‐ 86,500 3,380,595 ‐ 3,380,595 139,298 139,298 305 TRANSPORTATION IMPACT MITIGATION5,159,035 ‐ 5,159,035 200,000 ‐ 200,000 200,000 3,000,000 3,200,000 2,159,035 2,159,035 308 REET 14,508,117 ‐ 4,508,117 2,300,000 ‐ 2,300,000 5,579,996 ‐ 5,579,996 1,228,121 1,228,121 309 REET 28,773,145 ‐ 8,773,145 2,300,000 ‐ 2,300,000 9,921,118 (3,000,000) 6,921,118 4,152,027 4,152,027 31X SCHOOL DISTRICT IMPACT MITIGATION 12 ‐ 12 994,988 ‐ 994,988 995,000 ‐ 995,000 ‐ ‐ ‐ 316 MUNICIPAL FACILITIES CIP16,824,783 ‐ 16,824,783 14,905,867 1,812,220 16,718,087 31,728,133 1,812,220 33,540,353 2,517 2,517 317 CAPITAL IMPROVEMENT10,868,853 ‐ 10,868,853 33,114,072 9,293,000 42,407,072 41,373,264 9,383,100 50,756,364 2,519,561 2,519,561 336 NEW LIBRARY DEVELOPMENT‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 346 NEW FAMILY FIRST CENTER DEVELOPMENT8,238,935 ‐ 8,238,935 12,459,000 ‐ 12,459,000 17,278,258 ‐ 17,278,258 3,419,677 3,419,677 402 AIRPORT OPERATIONS & CIP 7,741,751 ‐ ‐ 3,281,007 ‐ 3,281,007 9,181,221 61,939 9,243,160 1,779,598 (241,858) 1,537,740 403 SOLID WASTE UTILITY3,392,243 ‐ 3,392,243 24,133,272 ‐ 24,133,272 24,832,757 91,404 24,924,161 2,601,354 (400,000) 2,201,354 404 GOLF COURSE SYSTEM & CAPITAL 1,222,897 ‐ ‐ 3,228,832 200,000 3,428,832 3,154,944 500,110 3,655,054 996,675 (746,233) 250,442 405 WATER OPERATIONS & CAPITAL 43,849,867 ‐ ‐ 19,107,026 ‐ 19,107,026 49,435,971 141,467 49,577,439 13,379,454 (3,099,925) 10,279,529 406 WASTEWATER OPERATIONS & CAPITAL 20,788,687 ‐ ‐ 12,226,713 ‐ 12,226,713 25,851,368 6,463 25,857,830 7,157,569 (1,621,984) 5,535,585 407 SURFACE WATER OPERATIONS & CAPITAL 21,682,758 ‐ ‐ 27,182,017 5,000,000 32,182,017 32,005,545 5,497,599 37,503,143 16,361,631 (1,945,560) 14,416,072 416 KING COUNTY METRO3,764,012 ‐ 3,764,012 18,495,877 ‐ 18,495,877 18,495,877 ‐ 18,495,877 3,764,012 (380,000) 3,384,012 501 EQUIPMENT RENTAL10,125,169 ‐ 10,125,169 6,481,285 (91,380) 6,389,905 6,617,918 368,301 6,986,219 9,528,855 (9,528,855) ‐ 502 INSURANCE20,494,538 ‐ 20,494,538 3,714,015 695,410 4,409,425 4,387,888 ‐ 4,387,888 20,516,075 (20,439,736) 76,338 503 INFORMATION SERVICES3,653,455 ‐ 3,653,455 9,526,701 2,550,367 12,077,068 10,907,503 1,759,202 12,666,705 3,063,818 (2,068,477) 995,341 504 FACILITIES785,189 ‐ 785,189 6,194,170 470,500 6,664,670 6,493,056 ‐ 6,493,056 956,803 956,803 505 COMMUNICATIONS141,517 ‐ 141,517 1,217,600 159,935 1,377,535 1,355,485 3,000 1,358,485 160,568 160,568 512 HEALTHCARE INSURANCE6,655,137 ‐ 6,655,137 13,566,817 ‐ 13,566,817 13,733,558 9,938 13,743,496 6,478,458 (4,123,049) 2,355,410 522 LEOFF1 RETIREES HEALTHCARE18,188,260 ‐ 18,188,260 2,710,067 ‐ 2,710,067 1,452,289 ‐ 1,452,289 19,446,038 (19,446,038) ‐ 304 FIRE IMPACT MITIGATION1,960,733 ‐ 1,960,733 99,000 ‐ 99,000 500,634 ‐ 500,634 1,559,099 (1,559,099) ‐ 611 FIREMENS PENSION8,371,183 ‐ 8,371,183 290,000 ‐ 290,000 200,475 ‐ 200,475 8,460,708 (8,460,708) ‐ Total Other Funds241,513,865 ‐ 241,513,865 226,096,468 20,110,052 246,206,520 326,907,539 19,654,741 346,562,281 141,158,104 (76,779,097) 64,379,008 TOTAL ALL FUNDS 310,616,526 ‐ 310,616,526 355,113,160 20,280,868 375,394,028 461,129,382 25,778,223 486,907,605 199,102,950 (90,505,588) 108,597,362 2 year total693,958,475 20,280,868 714,239,343 896,270,801 25,778,223 922,049,024 199,102,950 (90,505,588) 108,597,362 AGENDA ITEM # 8. c) ORDINANCE NO. ________ 6 Exhibit B: 2021 Adjusted Budget Summary by Fund BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCEFund2021 Beg Fund BalChanges2021 Adj Fund Bal2021 Budgeted RevenueChanges2021 Adjusted Revenue2021 Budgeted ExpenditureChanges2021 Adjusted ExpenditureEnding Fund BalanceReserved/ DesignatedAvailable Fund Balance0XX GENERAL FUND54,456,582 ‐ 54,456,582 126,195,474 ‐ 126,195,474 127,627,610 ‐ 127,627,610 53,024,445 (27,033,439) 25,991,006 110 SPECIAL HOTEL‐MOTEL TAX893,604 ‐ 893,604 225,000 ‐ 225,000 596,197 ‐ 596,197 522,406 522,406 127 CABLE COMMUNICATIONS DEVELOPMENT677,710 ‐ 677,710 97,674 ‐ 97,674 97,674 ‐ 97,674 677,710 677,710 130 HOUSING AND SUPPORTIVE SERVICES ‐ ‐ ‐ 2,640,000 ‐ 2,640,000 1,030,000 ‐ 1,030,000 1,610,000 1,610,000 135 SPRINGBROOK WETLANDS BANK348,826 ‐ 348,826 (109,200) ‐ (109,200) 9,586 ‐ 9,586 230,040 230,040 140 POLICE SEIZURE 872,449 ‐ 872,449 ‐ ‐ ‐ 872,449 ‐ 872,449 ‐ ‐ 141 POLICE CSAM SEIZURE 150,637 ‐ 150,637 ‐ ‐ ‐ 150,637 ‐ 150,637 ‐ ‐ 215 GENERAL GOVERNMENT MISC DEBT SVC5,010,629 ‐ 5,010,629 7,493,298 ‐ 7,493,298 7,155,169 ‐ 7,155,169 5,348,758 (2,717,575) 2,631,183 303 COMMUNITY SERVICES IMPACT MITIGATION1,713,833 ‐ 1,713,833 1,571,464 ‐ 1,571,464 2,796,229 ‐ 2,796,229 489,068 489,068 305 TRANSPORTATION IMPACT MITIGATION3,154,954 ‐ 3,154,954 200,000 ‐ 200,000 102,837 ‐ 102,837 3,252,117 3,252,117 308 REET12,042,269 ‐ 2,042,269 3,250,000 ‐ 3,250,000 2,865,000 ‐ 2,865,000 2,427,269 2,427,269 309 REET23,411,866 ‐ 3,411,866 6,427,680 ‐ 6,427,680 7,066,705 ‐ 7,066,705 2,772,841 2,772,841 31X SCHOOL DISTRICT IMPACT MITIGATION‐ ‐ ‐ 995,000 ‐ 995,000 995,000 ‐ 995,000 ‐ ‐ ‐ 316 MUNICIPAL FACILITIES CIP20,298,663 ‐ 20,298,663 13,589,300 ‐ 13,589,300 33,725,991 ‐ 33,725,991 161,973 161,973 317 CAPITAL IMPROVEMENT16,792,413 ‐ 16,792,413 30,470,197 ‐ 30,470,197 46,062,467 ‐ 46,062,467 1,200,143 1,200,143 336 NEW LIBRARY DEVELOPMENT16,679 ‐ 16,679 ‐ ‐ ‐ 16,679 ‐ 16,679 ‐ ‐ 346 NEW FAMILY FIRST CENTER DEVELOPMENT8,356,704 ‐ 8,356,704 1,570,000 ‐ 1,570,000 2,450,157 ‐ 2,450,157 7,476,547 7,476,547 402 AIRPORT OPERATIONS & CIP 7,558,405 ‐ 7,558,405 3,282,007 ‐ 3,282,007 9,587,446 ‐ 9,587,446 1,252,966 (223,124) 1,029,842 403 SOLID WASTE UTILITY2,771,562 ‐ 2,771,562 23,024,017 ‐ 23,024,017 22,902,330 ‐ 22,902,330 2,893,249 (400,000) 2,493,249 404 GOLF COURSE SYSTEM & CAPITAL 476,746 ‐ 476,746 3,126,584 ‐ 3,126,584 2,871,162 ‐ 2,871,162 732,168 (641,550) 90,619 405 WATER OPERATIONS & CAPITAL 40,776,314 ‐ 40,776,314 17,972,403 ‐ 17,972,403 48,985,805 ‐ 48,985,805 9,762,912 (3,008,354) 6,754,558 406 WASTEWATER OPERATIONS & CAPITAL 23,996,217 ‐ 23,996,217 11,786,486 ‐ 11,786,486 28,637,433 ‐ 28,637,433 7,145,270 (1,575,451) 5,569,819 407 SURFACE WATER OPERATIONS & CAPITAL 21,610,356 ‐ 21,610,356 25,054,994 ‐ 25,054,994 31,013,992 ‐ 31,013,992 15,651,357 (1,810,348) 13,841,009 416 KING COUNTY METRO4,729,749 ‐ 4,729,749 17,607,838 ‐ 17,607,838 17,607,838 ‐ 17,607,838 4,729,749 (380,000) 4,349,749 501 EQUIPMENT RENTAL6,376,259 ‐ 6,376,259 6,463,395 ‐ 6,463,395 5,289,546 ‐ 5,289,546 7,550,108 7,550,108 502 INSURANCE19,860,208 ‐ 19,860,208 5,533,775 ‐ 5,533,775 4,242,521 ‐ 4,242,521 21,151,462 (18,650,158) 2,501,304 503 INFORMATION SERVICES3,939,941 ‐ 3,939,941 7,205,985 ‐ 7,205,985 8,089,687 ‐ 8,089,687 3,056,239 3,056,239 504 FACILITIES504,167 ‐ 504,167 6,350,643 ‐ 6,350,643 6,522,982 ‐ 6,522,982 331,828 331,828 505 COMMUNICATIONS151,624 ‐ 151,624 1,153,826 ‐ 1,153,826 1,179,312 ‐ 1,179,312 126,138 126,138 512 HEALTHCARE INSURANCE5,773,429 ‐ 5,773,429 12,477,543 ‐ 12,477,543 12,580,831 ‐ 12,580,831 5,670,141 (3,774,249) 1,895,892 522 LEOFF1 RETIREES HEALTHCARE16,541,245 ‐ 16,541,245 2,705,933 ‐ 2,705,933 1,362,685 ‐ 1,362,685 17,884,493 (17,884,493) ‐ 304 FIRE IMPACT MITIGATION2,191,452 ‐ 2,191,452 99,000 ‐ 99,000 436,987 ‐ 436,987 1,853,465 (1,853,465) ‐ 611 FIREMENS PENSION7,908,312 ‐ 7,908,312 385,000 ‐ 385,000 210,475 ‐ 210,475 8,082,837 (8,082,837) ‐ Total Other Funds228,907,223 ‐ 228,907,223 212,649,842 ‐ 212,649,842 307,513,809 ‐ 307,513,809 134,043,256 (61,001,605) 73,041,652 TOTAL ALL FUNDS 283,363,805 ‐ 283,363,805 338,845,315 ‐ 338,845,315 435,141,419 ‐ 435,141,419 187,067,702 (88,035,043) 99,032,658 AGENDA ITEM # 8. c) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4‐6‐030 AND 4‐6‐100 OF THE RENTON MUNICIPAL CODE, ADOPTING REQUIREMENTS TO APPLY SOURCE CONTROL BEST MANAGEMENT PRACTICES FOR POLLUTANT‐GENERATING SITES, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, stormwater runoff is the largest contributor to pollution of local watercourses; and WHEREAS, stormwater pollution source control is a practice that implements preventative measures to stop pollution before it enters the Municipal Separate Storm Sewer System (“MS4”) and subsequently flows to receiving waters; and WHEREAS, the City’s current (2019‐2024) Municipal Stormwater Permit, issued by the Washington State Department of Ecology, requires permittees to adopt and make effective an ordinance, or other enforceable documents, requiring the application of source control Best Management Practices (“BMPs”) for pollutant‐generating sources associated with existing land uses and activities; and WHEREAS, pursuant to the requirements of its Municipal Stormwater Permit the City intends to implement a Stormwater Pollution Source Control program, define its purpose and applicability, establish a progressive enforcement process, and define any applicable fines and penalties for pollutant discharges not resolved through education and outreach; and WHEREAS, this matter was duly referred to the Planning Commission for investigation; and study, and the matter was considered by the Planning Commission; and AGENDA ITEM # 8. d) ORDINANCE NO. ________ 2 WHEREAS, pursuant to RCW 36.70A.106, on May 17, 2022 the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the City Planning Commission held a public hearing on June 15, 2022, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; 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, unless updated pursuant to Section IV related to scrivener’s errors or corrections to references in this ordinance. SECTION II. Section 4‐6‐030 of the Renton Municipal Code is amended as follows: 4‐6‐030 DRAINAGE AND WATER QUALITY (SURFACE WATER) STANDARDS: A. PURPOSE: 1. The purpose of this Section is to preserve the City’s watercourses by minimizing water quality degradation from siltation, sedimentation and pollution of creeks, streams, rivers, lakes and other bodies of water, protect property from increased runoff rates, and to ensure public safety. 2. It shall also be the purpose of this Section to reduce flooding, erosion, and sedimentation; prevent and mitigate habitat loss; enhance groundwater recharge; and prevent water quality degradation through permit review, construction inspection, enforcement, and maintenance of drainage facilities/systems, and stormwater pollution source control. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 3 3. It shall also be the purpose of this Section to regulate the Municipal Separate Storm Sewer System (MS4) regarding the contribution of pollutants, consisting of any material other than stormwater, including but not limited to illicit discharges, illicit connections and/or dumping into any storm drain system, including surface and/or groundwater throughout the City that would adversely impact surface and groundwater quality of the City and the State of Washington, in order to comply with Clean Water Act obligations under RCW 90.48.260, designating the Washington State Department of Ecology (“Ecology”) as the state water pollution control agency for the federal Clean Water Act – (33 U.S.C. §1251 et seq.), and requirements of the National Pollutants Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit. 4. It shall also be the purpose of this Section to protect the quality of the City’s watercourses from the discharge of contaminants and the adverse impacts of stormwater runoff, by controlling pollutants at the source of discharge. 45. It shall also be the purpose of this Section to create attractive and functional drainage facilities that do not reduce public safety. B. ADMINISTERING AND ENFORCING AUTHORITY: The Administrator of the Public Works Department or their designated representative(s) (“Public Works Administrator”) is responsible for the general administration and coordination of this Section. The Community and Economic Development Department (“Department”) is responsible for development permit administration which includes review and inspection as it pertains to this Section. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 4 All provisions of this Section shall be enforced by the Public Works Administrator or his or her designated representatives. C. ADOPTION OF SURFACE WATER DESIGN MANUAL: The Surface Water Design Manual, as it exists or may be amended, is adopted by reference by the City of Renton for consistency with the current version of the King County Surface Water Design Manual. The Surface Water Design Manual shall be filed with the City Clerk and available for viewing on the City’s website. D. DRAINAGE REVIEW REQUIRED APPLICABILITY: Drainage Review is required when a proposed project is subject to a City of Renton development permit or approval or is required as determined by the provisions of the Surface Water Design Manual. Drainage review is required when any proposed project is subject to a City of Renton development permit or approval and: 1. Would result in two thousand (2,000) square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or 2. Would involve seven thousand (7,000) square feet of land disturbing activity; or 3. Would construct or modify a drainage pipe or ditch that is twelve inches (12") or more in size or depth or receives surface or stormwater runoff from a drainage pipe or ditch that is twelve inches (12") or more in size or depth; or AGENDA ITEM # 8. d) ORDINANCE NO. ________ 5 4. Contains or is abutting a critical area designation, defined and regulated in RMC 4‐3‐050; or 5. Is a single family residential development that would result in new impervious surface, replaced impervious surface or new plus replaced impervious surface. E. DRAINAGE REVIEW TYPES AND REQUIREMENTS: 1. Scope of Review: The drainage review for any proposed project shall be scaled to the scope of the project’s size, type of development, and potential for stormwater impacts to the surface water and groundwater to facilitate the preparation and review of project applications. If drainage review for a proposed project is required, the City shall determine which of the following drainage reviews apply as specified in the Surface Water Design Manual: a. Simplified drainage review (also known as small project drainage review); b. Targeted drainage review; c. Directed drainage review; d. Full drainage review; e. Large project drainage review. 2. Core Requirements: A proposed project required to have drainage review must meet each of the following core requirements which are described in detail in the Surface Water Design Manual. Projects subject only to small project drainage review (also known as residential building permit drainage review) that AGENDA ITEM # 8. d) ORDINANCE NO. ________ 6 meet the small project drainage requirements specified in the Surface Water Design Manual, including flow control best management practices, erosion and sediment control measures, and drainage plan submittal requirements are deemed to comply with the following core requirements: a. Core Requirement No. 1: discharge at the natural location; b. Core Requirement No. 2: off‐site analysis; c. Core Requirement No. 3: flow control facilities; d. Core Requirement No. 4: conveyance system; e. Core Requirement No. 5: construction stormwater pollution prevention; f. Core Requirement No. 6: maintenance and operations; g. Core Requirement No. 7: financial guarantees and liability; h. Core Requirement No. 8: water quality facilities; and i. Core Requirement No. 9: flow control On‐site BMPs. 3. Special Requirements: A proposed project required to have drainage review shall meet any of the following special requirements which apply to the site and which are described in detail in the Surface Water Design Manual. The City shall verify if a proposed project is subject to and must meet any of the following special requirements: a. Special Requirement No. 1: other area specific requirements; b. Special Requirement No. 2: flood hazard delineation; c. Special Requirement No. 3: flood protection facilities; AGENDA ITEM # 8. d) ORDINANCE NO. ________ 7 d. Special Requirement No. 4: source control; e. Special Requirement No. 5: oil control; and f. Special Requirement No. 6: aquifer protection area. F. DRAINAGE REVIEW SUBMITTAL REQUIREMENTS: Drainage Reviews shall be submitted in accordance with the provisions of the Surface Water Design Manual. F. CREATION OF TRACTS AND/OR EASEMENTS: 1. Method of Creation for City‐Maintained Facility for New Residential Subdivisions with Drainage Facilities That Collect Public Runoff: New residential subdivisions shall place stormwater flow control and water quality treatment ponds, vaults and other similar drainage facilities, along with the required perimeter landscaping, in a stormwater tract that is granted and conveyed with all ownership and maintenance obligations (excluding maintenance of the drainage facilities) to the subdivision’s lot owners, their assigns, heirs, and successors. An easement under and upon said tract shall be dedicated to the City for the purpose of operating, maintaining, improving, and repairing the drainage facilities contained in the stormwater tract. Only the chain link fence (if required by subsection G of this Section), flow control, water quality treatment and conveyance facilities will be considered for formal acceptance and maintenance by the City; maintenance of all other improvements and landscaping in said stormwater tract shall be the responsibility of the tract owner(s). AGENDA ITEM # 8. d) ORDINANCE NO. ________ 8 a. Covenants, Conditions and Restrictions: Covenants, conditions and restrictions, which are approved by the Administrator, shall be recorded with the King County Recorder’s Office prior to or concurrent with recording the plat. The applicant shall provide a copy of the recorded document. These covenants shall specify, at a minimum, the following: i. Ownership, maintenance, and repair for the commonly owned tract, landscaping, and facilities (excluding maintenance of the drainage facilities); and ii. No modification of the tract or landscaping within the tract shall be allowed without the City’s prior written approval. iii. These covenants shall be irrevocable and binding on all the property owners, including their assigns, heirs, and successors. b. Stormwater Easement: A stormwater easement shall be granted and conveyed to the City of Renton for the purpose of conveying, storing, managing and facilitating storm and surface water. The easement shall grant the City the right to enter said stormwater easement for the purpose of inspecting, operating, maintaining, improving, and repairing the drainage facilities in the stormwater tract. 2. Method of Creation for Privately Maintained Facility: As determined by the City, other types of new development shall create stormwater facilities either within an easement or within a tract not dedicated to City. In the case of a tract, AGENDA ITEM # 8. d) ORDINANCE NO. ________ 9 the developer and successors shall own the tract and associated development site with an equal and undivided interest. 3. Method of Creation for Other Developments: As determined by the City, the City may take over maintenance of the drainage facilities located within either an easement to the City or within a tract owned by the developer and his successors in ownership together with an easement to the City. G. DRAINAGE REVIEW AND APPROVAL OF PLAN: 1. Process: All engineering storm drainage plans and supportive calculations shall be prepared in accordance with the Surface Water Design Manual, and submitted to the Department for review and approval in connection with the associated development permits. 2. Fees: Fees shall be as listed in the City of Renton Fee Schedule on file with the City Clerk’s Office. 3. Additional Information: The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Department. 4. Tests: Whenever there is insufficient evidence of compliance with any of the provisions of this Section or Code, or evidence that any material or construction does not conform to the requirements of this Section or Code, the Public Works Administrator or designee may require tests as proof of compliance to be made at no expense to the City. Test methods shall be as specified by this Section or Code or by other test standards such as American Society of Testing and AGENDA ITEM # 8. d) ORDINANCE NO. ________ 10 Materials (ASTM), American Public Works Association (APWA) specifications and standards, or compliant with requirements of the Surface Water Design Manual. If there are no recognized and accepted test methods to address compliance, the Public Works Administrator or designee shall determine test procedures. Suitable performance of the method or material may be evidence of compliance meeting the testing requirement. G. ADDITIONAL REQUIREMENTS FOR FENCING AND LANDSCAPING: 1. Landscaping: Landscaping shall be consistent with the provisions of Section 5.3 of the Surface Water Design Manual except that within the City of Renton, landscaping of drainage facilities is not optional; it is required. Additionally, landscaping shall comply with the requirements of RMC 4‐4‐070.F.8, Storm Drainage Facilities. 2. Fencing around New or Expanded Storm Drainage Ponds and Signage Required: All flow control and water quality treatment ponds and similar facilities, as determined by City, shall be fenced with a six‐foot (6') tall chain link fence and access gate(s). Fencing is required immediately outside each new stormwater flow control and/or water quality treatment pond and other similar facilities, as determined by City. For stormwater ponds, the fence shall be placed at the top of the berm with the maintenance access road on the inside of the fence; or five feet (5') minimum from top of berm if there is no maintenance access road to allow access for proper maintenance of the facility. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 11 The chain link fence shall be coated with black or green bonded vinyl and installed as determined by the City between the facility and the required landscaping. Unless otherwise determined by the City, the fence gate must be posted with a twelve‐inch (12") by eighteen‐inch (18") “No Trespassing” sign; in the event the fence gate is not “public facing”. Cedar or other fencing materials may be installed only if the stormwater facility is a privately maintained facility that is owned and operated by the owner(s) of the tract. 3. Maintenance of Existing Facilities Required: Owners of existing drainage facilities not maintained by the City are required to continue to maintain existing landscaping and fencing. Replacement of deteriorated fencing and failed plantings is required. H. CREATION OF TRACTS AND/OR EASEMENTS: 1. Method of Creation for City‐Maintained Facility: Method of creation for City‐maintained facility shall be consistent with the provisions of the Surface Water Design Manual. a. Covenants, Conditions, and Restrictions: Covenants, conditions, and restrictions, which are approved by the Department, shall be recorded with the King County Recorder’s Office prior to or concurrent with recording the plat. The applicant shall provide a copy of the recorded document. These covenants shall specify, at a minimum, the following: AGENDA ITEM # 8. d) ORDINANCE NO. ________ 12 i. Ownership, maintenance, and repair for the commonly owned tract, landscaping, and facilities (excluding maintenance of the drainage facilities); and ii. No modification of the tract or landscaping within the tract shall be allowed without the Department’s prior written approval. iii. These covenants shall be irrevocable and binding on all the property owners, including their assigns, heirs, and successors. b. Stormwater Easement: A stormwater easement shall be granted and conveyed to the City of Renton for the purpose of conveying, storing, managing, and facilitating storm and surface water. The easement shall grant the City the right to enter said stormwater easement for the purpose of inspecting, operating, maintaining, improving, and repairing the drainage facilities in the stormwater tract. 2. Method of Creation for Privately Maintained Facility: Method of creation for privately maintained facilities shall be consistent with the provisions of the Surface Water Design Manual. 3. Transfer or Assumption of Facility Maintenance from Private Party to the City of Renton: As determined by City policy and procedures, the City may transfer or assume maintenance of the drainage facilities located within either an easement to the City or within a tract owned by a private party in ownership together with an easement to the City. See subsections M (Maintenance of AGENDA ITEM # 8. d) ORDINANCE NO. ________ 13 Drainage Facilities) and N (City Assumption of Maintenance of Subdivision Facilities) of this Section for supplemental information. H. REQUIREMENTS FOR DRAINAGE REVIEW: All persons applying for drainage review as specified in subsection E1 of this Section shall submit to the Development Services Division all engineering plans for review in accordance with the Surface Water Design Manual. The drainage plan and supportive calculation report(s) shall be stamped by a professional civil engineer registered and licensed in the State of Washington. I. ADDITIONAL REQUIREMENTS FOR FENCING AND LANDSCAPING: 1. Landscaping: Landscaping of drainage facilities shall be required, consistent with the provisions of the Surface Water Design Manual, and in compliance with requirements of RMC 4‐4‐070.F.8, Storm Drainage Facilities. 2. Fencing around New or Expanded Storm Drainage Ponds and Signage Required: Fencing around new or expanded storm drainage ponds shall be consistent with the provisions of the Surface Water Design Manual. 3. Maintenance of Existing Facilities Required: Owners of existing drainage facilities not maintained by the City are required to continue to maintain existing landscaping and fencing. Replacement of deteriorated fencing and failed plantings is required. IJ. ADOPTION OF STORMWATER POLLUTION PREVENTION MANUAL: AGENDA ITEM # 8. d) ORDINANCE NO. ________ 14 The July 2021 King County Stormwater Pollution Prevention Manual, hereby referred to as the Stormwater Pollution Prevention Manual, is hereby adopted by reference. One copy of the manual shall be filed with the City Clerk. JK. STORMWATER POLLUTION SOURCE CONTROL AND DISCHARGE PROHIBITION: 1. Prohibition of Illicit Discharge: Materials, whether or not solids or liquids, other than surface water and stormwater shall not be spilled, leaked, emitted, discharged, disposed, or allowed to escape into the storm sewer and/or drain system, surface water, groundwater, or watercourses. a. Examples of illicit discharge include but are not limited to the following: i. Trash, debris, or garbage; ii. Construction materials or wastewater; iii. Petroleum products, including but not limited to oil, gasoline, greases, fuel oil, or heating oil; iv. Antifreeze, brake fluid, windshield cleaner, and other automotive products; v. Metals in either particulate or dissolved form; vi. Flammable or explosive materials or substances; vii. Radioactive materials; viii. Acids or batteries of any kind; ix. Alkalis or bases; AGENDA ITEM # 8. d) ORDINANCE NO. ________ 15 x. Paints, stains, resins, lacquers, or varnishes; xi. Degreasers, solvents, or chemicals used in laundries or dry cleaners; xii. Drain cleaners; xiii. Pesticides, herbicides, and fertilizers; xiv. Steam cleaning wastes; xv. Soaps, detergents, ammonias; xvi. Swimming pool or spa cleaning wastewater and filter backwash containing water disinfectants (chlorine, bromine, or other chemicals); xvii. Heated water; xviii. Domestic animal waste; xix. Sewage; xx. Recreational vehicle wastewater or sewage; xxi. Animal carcasses; xxii. Food waste; xxiii. Bark and other fibrous material; xxiv. Collected lawn clippings, leaves, branches, or other yard waste material; xxv. Silt, sediment or gravel; xxvi. Dyes, except as stated in subsection J.1.b.xiii of this Section; xxvii. Chemicals not normally found in uncontaminated water; xxviii. Wastewater or process water (including filtered or purified); AGENDA ITEM # 8. d) ORDINANCE NO. ________ 16 xxix. Any pollution or contaminant as referenced in the Stormwater Pollution Prevention Manual; xxx. Any pollution or contaminant resulting from inadequate implementation of Source Control BMPs; and xxxxxxi. Any hazardous material as defined in RMC 4‐11‐080, or waste not listed above and any other process‐associated discharge except as otherwise allowed in this Section. b. Allowable Discharges: The following types of discharges shall not be considered illicit discharges by this Section unless the Public Works Administrator evaluates and determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause significant pollution of surface water or groundwater: i. Diverted stream flows; ii. Spring water; iii. Rising groundwater; iv. Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(b)(20)); v. Uncontaminated pumped groundwater; vi. Foundation and footing drains; vii. Uncontaminated water from crawl space pumps; viii. Air conditioning condensation; ix. Flows from riparian habitats and wetlands; AGENDA ITEM # 8. d) ORDINANCE NO. ________ 17 x. Discharges from emergency fire fighting activities in accordance with the Western Washington Phase II Municipal Stormwater Permit Section S2, Authorized Discharges; xi. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety; xii. Irrigation water from an agricultural source that is commingled with stormwater runoff; xiii. Storm system dye testing is allowable, but requires verbal notification during regular business hours to the Public Works Department Surface Water Maintenance Section, or their successor entity, at (425) 430‐7400 at least one business day prior to the date of the test. The City is exempt from this requirement; xiv. Non‐stormwater discharges authorized by another NPDES or State Waste Discharge Permit. c. Conditionally Allowable Discharges: These discharges are allowed if the stated conditions are met, unless the Public Works Administrator determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause significant pollution to surface water or groundwater: i. Discharges from potable water sources, including but not limited to water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH‐ AGENDA ITEM # 8. d) ORDINANCE NO. ________ 18 adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments into the MS4; ii. Discharges from lawn watering and other irrigation runoff. These discharges shall be minimized through, at a minimum, public education activities and/or water conservation efforts; iii. Dechlorinated swimming pool, spa, and hot tub discharges. The discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH‐adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4; iv. Street and sidewalk wash water, water used to control dust, and routine external building washdown that does not use detergents. The discharges shall be minimized through, at a minimum, public education activities and/or water conservation efforts; v. Non‐stormwater discharge permitted under another NPDES permit; provided, that the discharge is in full compliance with all requirements of the permit, waiver, or other applicable requirements and regulations; vi. Other non‐stormwater discharges. The discharges shall be in compliance with the requirements of a pollution prevention plan reviewed by the AGENDA ITEM # 8. d) ORDINANCE NO. ________ 19 City/Public Works Administrator or designee, which addresses control of such discharges. d. A person does not violate this subsection J if: i. That person has properly designed, constructed, implemented, and is maintaining BMPs as required by this Chapter and Section, but contaminants continue to enter surface and stormwater and underground water; ii. That person can demonstrate that there are no additional contaminants in discharges from the site above the background conditions of water entering the site; or, iii. The discharge is a result of an emergency response activity or other action that must be undertaken immediately or within a time too short to allow full compliance with this Chapter or Section in order to avoid an imminent threat to public health or safety. The Public Works Administrator by public rule may specify actions that qualify for this exemption in City procedures. A person undertaking emergency response activities shall take steps to assure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs to restrict recurrence. e. Any person who knowingly allows or permits any prohibited discharges, as set forth in this subsection J or the Stormwater Pollution Prevention Manual, through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges, that allow contaminants to enter surface and stormwater or groundwater, shall be in violation of this Section. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 20 2. Prohibition of Illicit Connections: The construction, use, maintenance, or continued existence of any connection identified by the Public Works Administrator, that may does, or is likely to, convey any pollution or contaminants or anything not composed entirely of surface water and stormwater, directly into the MS4, is prohibited, including without limitation, existing illicit connections regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. Stormwater Pollution Source Control: BMPs described in the Stormwater Pollution Prevention Manual shall be implemented and maintained for any business or residential activity that might result in prohibited discharges as specified in this subsection or as determined necessary by the Public Works Administrator. In applying the Stormwater Pollution Prevention Manual for Stormwater Pollution Source Control, the Public Works Administrator shall first require the implementation of nonstructural source control BMPs. If these are not sufficient to prevent contaminants from entering surface water, stormwater, or groundwater, the responsible official shall require implementation of structural source control BMPs and/or treatment BMPs The City will provide, upon reasonable request, available technical assistance materials and information, and information on outside financial assistance options to persons required to comply with this requirement. 34. Remedy: AGENDA ITEM # 8. d) ORDINANCE NO. ________ 21 a. The person and/or property owner responsible for an illicit connection and/or illicit discharge shall initiate and complete all actions necessary to remedy the effects of such connection or discharge at no cost to the City. b. If the person responsible for an illicit connection or illicit discharge and/or the owner of the property on which the illicit connection or illicit discharge has occurred fails to address the illicit connection or illicit discharge in a timely manner, the Public Works Administrator shall have the authority is authorized to implement removal or remedial abatement actions following lawful entry upon the property. Such actions may include, but not be limited to: installation of monitoring wells; collection and laboratory testing of water, soil, and waste samples; cleanup and disposal of the illicit discharge, and remediation of soil and/or groundwater. The property owner and/or other person responsible for the release of an illicit discharge shall be responsible for any costs incurred by the Public Works Department or its authorized agents in the conduct of such remedial actions and shall be responsible for City expenses incurred due to the illicit connection or illicit discharge, including but not limited to removal and/or remedial actions in accordance with RMC 1‐3‐3, Nuisances. c. Compliance with this subsection shall be achieved through the implementation and maintenance of best management practices (BMPs) described in the Stormwater Pollution Prevention Manual. In implementing this code section, Tthe Public Works Administrator shall initially rely on education and informational assistance to gain compliance with this subsection. Enforcement AGENDA ITEM # 8. d) ORDINANCE NO. ________ 22 actions shall be implemented when education and technical assistance measures are unsuccessful at protecting the public interest or when a person is found to have willfully caused stormwater runoff to contaminate the watercourses of the City., unless If the Public Works Administrator determines that a violation poses a hazard to public health, safety, or welfare, endangers any property and/or other property owned or maintained by the City, and therefore should be such violation shall be addressed through immediate penalties. The Public Works Administrator may demand immediate cessation of illicit discharges and assess penalties for violations that are an imminent or substantial danger to the health or welfare of persons or danger to the environment. 45. Elimination of Illicit Connection and/or Illicit Discharge and Prevention of Stormwater Pollution: a. Notice of Violation: Whenever the Public Works Administrator finds that a person has violated a prohibition or failed to meet a requirement of this Section, he or she may order compliance by written notice of violation to the property owner and/or responsible person, by first class and certified mail with return receipt requested. Such notice may require without limitation: i. The performance of monitoring, analyses, and reporting by the violator; ii. The elimination of illicit connections or discharges; iii. That violating discharges, practices, or operations shall immediately cease and desist; AGENDA ITEM # 8. d) ORDINANCE NO. ________ 23 iv. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and v. The implementation of source control or treatment BMPs. Any person responsible for a property or premises which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system and/or waters of the State. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. b. Requirement to Eliminate Illicit Connection: The Public Works Administrator shall send a written notice, sent by first class and certified mail with return receipt requested, to the property owner and/or the person responsible for the illicit connection, informing the property owner or person responsible for an illicit connection to the MS4 that the connection must be terminated by a specified date. c. Requirement to Eliminate Illicit Discharges: The Public Works Administrator shall send a written notice, sent by first class and certified mail with return receipt requested, to the property owner and/or the person responsible for the illicit discharge, informing the property owner or person responsible for an illicit discharge to the MS4, whether it be surface water and/or groundwater, that the discharge must be terminated by a specified date. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 24 d. Requirement to Implement Source Control BMPs: If education and outreach measures are unsuccessful in resulting in the implementation of source control BMPs for a business or residential activity that might result in prohibited discharges, the Public Works Administrator shall send a written notice, sent by first class and certified mail with return receipt requested, to the property owner and/or the person responsible for implementing source control BMPs, informing the property owner or person responsible for implementation of source control BMPs, that the source control BMPs must be implemented by a specified date. de. Sample and Analysis: When the Public Works Administrator has reason to believe that an illicit connection is resulting in an illicit discharge, the Public Works Administrator may sample and analyze the discharge and recover the cost of such sampling and analysis from the property owner or person responsible for such illicit connection or discharge pursuant to RMC 1‐3‐3, as now or as hereafter may be amended, and require the person permitting or maintaining the illicit connection and/or discharge to conduct ongoing monitoring at that person’s expense. ef. Right of Appeal from Administrative Decision: Any person aggrieved by an administrative decision of the Public Works Administrator may appeal such decision pursuant to RMC 4‐8‐110. fg. Any illicit connection and/or illicit discharge as set forth in this Section or the Stormwater Pollution Prevention Manual is hereby declared to be a nuisance pursuant to RMC 1‐3‐3, and as defined in RMC 1‐3‐3.B.19. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 25 56. Reporting Requirements: a. In the event of an illicit discharge or spill of hazardous material into the stormwater drainage system or waters of the City, State of Washington, or United States, said person with knowledge thereof shall immediately notify the emergency dispatch services (911). b. In the event of an illicit discharge of nonhazardous material into the stormwater drainage system or waters of the City, State of Washington, or United States, said person with knowledge thereof shall immediately notify/report the Public Works Department Surface Water Maintenance Section. by phone at 425‐ 430‐7400, or in person. 67. Record Retention Required: All persons subject to the provisions of this Section shall retain and preserve for no less than five (5) years any records, books, documents, memoranda, reports, correspondence, and any and all summaries relating to operation, maintenance, monitoring, sampling, remedial actions, and chemical analysis made by or on behalf of a person in connection with any illicit connection or illicit discharge. All records which pertain to matters which are the subject of administrative or any other enforcement or litigation activities brought by the City pursuant to this Code shall be retained and preserved by the person until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. 8. Limitations of Liability: The primary obligation of compliance with this subsection is placed upon the person holding title to the property. Nothing AGENDA ITEM # 8. d) ORDINANCE NO. ________ 26 contained in this Chapter is intended to be or shall be construed to create or form a basis for liability for the City, its officers, employees, or agents for any injury or damage resulting from the failure of the person holding title to the property to comply with the provisions of this subsection, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this subsection by the City, its officers, employees, or agents. K. REVIEW AND APPROVAL OF PLAN: 1. Process: All engineering storm drainage plans and supportive calculations shall be prepared in accordance with the Surface Water Design Manual, and submitted to the City for review and approval in connection with the associated development permits. 2. Fees: Fees shall be as listed in the City of Renton Fee Schedule Brochure on file with the City Clerk’s Office. 3. Additional Information: The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Administrator or designee. 4. Tests: Whenever there is insufficient evidence of compliance with any of the provisions of this Section or Code, or evidence that any material or construction does not conform to the requirements of this Section or Code, the Administrator or designee may require tests as proof of compliance to be made at no expense to this jurisdiction. Test methods shall be as specified by this Section or Code or by other recognized test standards. If there are no recognized and AGENDA ITEM # 8. d) ORDINANCE NO. ________ 27 accepted test methods for the proposed alternate, the Administrator or designee shall determine test procedures. Suitable performance of the method or material may be evidence of compliance meeting the testing requirement. L. BONDS AND LIABILITY INSURANCE REQUIRED: Required bonds and liability insurance shall be consistent with the provisions of the Surface Water Design Manual. The Development Services Engineering Division, or its successor entity, shall require all persons constructing drainage facilities pursuant to RMC 4‐6‐030, except for single‐family residential lots, to post with the City of Renton a surety, cash bonds, assignment of funds, or certified check in the amount equal to the estimated cost of construction calculated using the City’s Bond Quantity Worksheet as described or referenced in the Surface Water Design Manual. 1. Construction Bond: Prior to commencing construction, the person constructing the drainage facility shall post a construction bond in an amount sufficient to cover the cost of conforming said construction with the approved drainage plans. In lieu of a bond, the applicant may elect to establish a cash escrow account with his bank in an amount deemed by the City of Renton to be sufficient to reimburse the City if it should become necessary for the City to enter the property for the purpose of correcting and/or eliminating hazardous conditions relating to soil stability and/or erosion. The instructions to the escrowee shall specifically provide that after prior written notice unto the owner and his failure to correct and/or eliminate existing or potential hazardous conditions and his AGENDA ITEM # 8. d) ORDINANCE NO. ________ 28 failure to timely remedy same, the escrowee shall be authorized without any further notice to the owner or his consent to disburse the necessary funds to the City of Renton for the purpose of correcting and/or eliminating such conditions complained of. After determination by the Department that all facilities are constructed in compliance with the approved plans, the construction bond shall be released. 2. Maintenance and Defect Bond (required only for those facilities to be maintained and operated by the City of Renton): After satisfactory completion of the facilities and prior to the release of the construction bond by the City, the person constructing the facility shall commence a two (2) year period of satisfactory maintenance of the facility. A cash bond, surety bond, or bona‐fide contract for maintenance and defects with a third‐party for the duration of this two (2) year period, to be approved by the City of Renton and to be used at the discretion of the City of Renton to correct deficiencies in said maintenance affecting public health, safety, and welfare, must be posted and maintained throughout the two (2) year maintenance and defect period. The amount of the cash bond or surety bond shall be in the amount equal to twenty percent (20%) of the estimated cost of construction for a two (2) year period calculated using the City’s Bond Quantity Worksheet as referenced described in the Surface Water Design Manual. The owner of the property shall, throughout the maintenance and defect period, notify the City in writing if any defect or malfunction of the drainage AGENDA ITEM # 8. d) ORDINANCE NO. ________ 29 system has come to his or her notice. Failure to notify the City shall give the City cause to reject assumption of the maintenance of the facility at the expiration of the two (2) year maintenance and defect period, or within one year of the discovery of the defect or malfunction of the drainage system, whichever period is the latest in time. 3. Liability Policy: Before a permit shall be issued for any construction, insurance will be required as follows: a. Duration and Limits: The applicant shall secure and maintain in force throughout the duration of the permit commercial general liability insurance written on an occurrence basis with limits no less than one million dollars ($1,000,000.00) for each occurrence/two million dollars ($2,000,000.00) aggregate. b. Additional Insured: Copies of such insurance policy or policies shall be furnished unto the City with a special endorsement in favor of the City with the City named as a primary and noncontributory additional insured on the insurance policy and an endorsement stating such shall be provided to the City. c. Cancellation Notice Required: The policy shall provide that it will not be canceled or reduced without thirty (30) calendar days’ advance written notice to the City. d. Waiver: Upon showing of a hardship and at the discretion of the Administrator, the insurance requirements may be reduced or waived for single‐ family or two (2) family residential applications. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 30 M. MAINTENANCE OF DRAINAGE FACILITIES: 1. Drainage Facilities Accepted by the City of Renton for Maintenance: a. Responsibility for Maintenance of Accepted Facilities: The City of Renton is responsible for maintenance, including performance and operation of drainage facilities that have formally been accepted by the Public Works Administrator. The City will also maintain any chain link fence surrounding accepted drainage facilities if the fencing is required per subsection G of this Section. All landscaped areas, wooden fencing, or fencing constructed for a purpose other than safety within the tract must be maintained by the owner(s) of the tract. b. City Assumption of Maintenance Responsibility for Existing Facilities: The City of Renton may assume maintenance of privately maintained drainage facilities, including the perimeter fencing, after the expiration of the two (2) year maintenance period in connection with the subdivision of land if the following conditions have been met: i. All of the requirements of subsection E of this Section have been fully complied with; ii. The facilities have been inspected by the Public Works Administrator and any defects or repairs have been corrected and approved by the Department Administrator prior to the end of the two (2) year maintenance period; AGENDA ITEM # 8. d) ORDINANCE NO. ________ 31 iii. All necessary easements entitling the City to properly maintain the facility have been conveyed to the City; iv. The facility is constructed on a plat with public streets and located on tracts or easements dedicated to the City; and v. It is recommended by the Public Works Administrator and concurred in by the City Council that said assumption of maintenance would be in the best interests of the City. c. Facilities Not Eligible for Transfer of Maintenance Responsibility: A drainage facility which does not meet the criteria of this subsection shall remain the responsibility of the applicant required to construct the facility and persons holding title to the property for which the facility was required. 2. Drainage Facilities Not Accepted by the City for Maintenance: a. The person or persons holding title to the property and the applicant required to construct a drainage facility shall remain responsible for the facility’s continual performance, operation, and maintenance in accordance with the standards and requirements of the Surface Water Design Manual per subsection C of this Section and remain responsible for any liability as a result of these duties. This responsibility includes maintenance of a drainage facility which is: i. Under a two (2) year maintenance bond period; ii. Serving a private road; iii. Located within and serving only one single‐family residential lot; AGENDA ITEM # 8. d) ORDINANCE NO. ________ 32 iv. Located within and serving a multi‐family, commercial site, industrial, or mixed use property site; or v. Not otherwise accepted by the City for maintenance. b. A Ddeclaration of Ccovenant as specified in the Surface Water Design Manual shall be recorded. The restrictions set forth in such covenant shall include, but not be limited to, provisions for notice to the persons holding title to the property of a City determination that maintenance and/or repairs are necessary to the facility and a reasonable time limit in which such work is to be completed. i. In the event that the titleholders do not effect such maintenance and/or repairs, the City may perform such work upon due notice. The titleholders are required to reimburse the City for any such work, with interest and including the cost of labor, benefits, materials, time, and any other related costs or fees, which shall be considered incurred expenses for the purposes of RMC 1‐3 (Remedies and Penalties). The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the King County Recorder’s Office. ii. The City may enforce the restrictions set forth in the Ddeclaration of Ccovenant provided in the Surface Water Design Manual. 3. Separate Conveyance System Required for Off‐Site Drainage: Drainage structures, such as vaults or ponds, must be located within a dedicated tract. Off‐ site areas that naturally drain onto the project site must be intercepted at the AGENDA ITEM # 8. d) ORDINANCE NO. ________ 33 natural drainage course within the project site and conveyed in a separate conveyance system and must bypass on‐site stormwater facilities. Separate conveyance systems that intercept off‐site runoff and are located on private property must be located in a drainage easement that may be dedicated to the City if the City deems it appropriate. depending on the upstream tributary area. 4. Maintenance of Landscaping and Other Improvements Located in the Drainage Facility/Landscaping Tract: The owner(s) of the tract shall maintain the landscaping, and other improvements installed within the tract. All improvements to the drainage facility/landscaping tract, including landscaping, shall require the submittal of a landscape and/or recreation plan approved by the City. 5. Other Cases: Where not specifically defined in this subsection, the responsibility for performance, operation, and maintenance of drainage facilities and conveyance systems shall be determined by the Public Works Administrator on a case‐by‐case basis. N. RETROACTIVITY RELATING TO CITY ASSUMPTION OF MAINTENANCE OF SUBDIVISION FACILITIES: The City may assume maintenance of subdivision drainage facilities with public streets, after inspection, approval, and acknowledgment of the proper posting of bonds specified in subsection L of this Section. In order for the City to assume such maintenance, the If any person who constructeding and/or received approval to construct drainage facilities pursuant to this Section and/or receiving approval of drainage plans prior to the effective date of the ordinance codified in this AGENDA ITEM # 8. d) ORDINANCE NO. ________ 34 Section must reassesses the facilities and/or plans so constructed and/or approved and demonstrates, to the Public Works Administrator’s satisfaction, total compliance with all the requirements of this Section the City may, after inspection, approval, and acknowledgment of the proper posting of the required bonds as specified in subsection L of this Section, assume maintenance of the facilities. O. INSPECTION, INVESTIGATION, AND SAMPLING: The Public Works Administrator may lawfully enter property to inspect drainage facilities and conduct or direct on‐site source control inspections at institutional, commercial, and industrial properties with pollutant generating activities pursuant to RCW 90.48.090. 1. The Public Works Administrator shall be permitted to lawfully enter and inspect sites subject to regulation under this Chapter as often as may be necessary to determine compliance with the requirements of the regulations, at all reasonable hours for the purpose of inspections, samplings, or records examination. The Public Works Administrator shall have the right to set up on the property necessary devices to conduct sampling, inspection, compliance monitoring, and/or metering actions in support of compliance inspections. 2. If the premises or portion thereof is occupied, the Public Works Administrator shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and seek entry. Proper ingress and egress shall be provided to the Public Works Administrator. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 35 3. The Public Works Administrator shall notify the responsible party in writing of failure to comply with this access requirement. The responsible party shall respond and comply with a lawful request for entry within seven (7) days from the receipt of notification. The Public Works Administrator may use all legal means to order the work required completed or otherwise address the cause of improper access including, but not limited to, performing emergency work or obtaining a warrant of abatement. The obligation for the payment of all costs that may be incurred or expended by the City in causing the work to be done shall thereby be imposed on the person holding title to the subject property. 4. If the responsible party fails to maintain the facilities, prevent pollution of stormwater, or implement source control best management practices, the Public Works Administrator may take such actions as may be required to enforce the provisions of this section. 5. Within thirty (30) days of receiving an inspection report from the City, the property owner or operator shall file with the City a plan and time schedule to implement any required modifications to the site or to the monitoring plan needed to achieve compliance with the intent of this section. This plan and time schedule shall also implement all of the recommendations requirements of the City. P. ADJUSTMENT: Adjustments shall be consistent with the provisions of the Surface Water Design Manual. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 36 1. An adjustment to the requirements contained in this Section or other requirements in the Surface Water Design Manual may be proposed. The resulting development shall be subject to all of the remaining terms and conditions of this section and the adjustment shall: a. Produce a compensating or comparable result in the public interest; and b. Meet the objectives contained in this Section of safety, function, appearance, environmental protection, and maintainability based upon sound engineering judgment. 2. Requests for adjustments that may conflict with the requirements of any other City departments shall require review and concurrence with that department. 3. A request for an adjustment shall be processed in accordance with the procedures specified in the Surface Water Design Manual. 4. The applicant may appeal an adjustment decision by following the appeal procedures as specified in the Surface Water Design Manual per RMC 4‐8‐ 110. Q. VARIANCE: 1. If complying with the Surface Water Design Manual will deny all reasonable use of a property, a variance to the requirements in the Surface Water Design Manual may be requested from the City’s Community and Economic Development AGENDA ITEM # 8. d) ORDINANCE NO. ________ 37 Administrator or designee in accordance with the variance process defined in the Surface Water Design Manual and RMC 4‐9‐250. 2. A request for a variance shall be processed in accordance with RMC 4‐9‐ 250. R. SEVERABILITY: If any provision, subsection, sentence, clause, or phrase of this Section or the application thereof to any person or circumstances is held invalid, the remaining portions of this Section and the application of such provisions to other persons or circumstances shall not be affected thereby. S. VIOLATIONS OF THIS SECTION AND PENALTIES: A violation of any of the provisions of this Section shall be a civil infraction pursuant to chapter 1‐10 RMC. See also RMC 4‐6‐110. SECTION III. Section 4‐6‐100 of the Renton Municipal Code is amended as follows: 4‐6‐100 DEFINITIONS OF TERMS USED IN THIS CHAPTER: AIR GAP: A physical vertical separation through the free atmosphere sufficient to prevent backflow between the free‐flowing discharge end of the potable water system and the overflow level of the receiving vessel, tank, plumbing fixture or any other system. Physically defined as a distance greater than or equal to twice the diameter of the supply pipe diameter, but in no case less than one inch (1"). APPROVED: (for purposes of the Water Utility Provisions) Approved in writing by the Washington State Department of Health or other agency having jurisdiction. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 38 AUXILIARY SUPPLY: Any water source or system on or available to the premises other than the purveyor approved potable water supply. BACKFLOW: The flow of water or any other liquid, gas, or substance from any source back into the distribution pipes of the potable water supply system. BACKFLOW PREVENTER: An approved assembly which prevents the backflow of water or any other liquid, gas, or substance from any source back into the distribution pipes of the potable water supply system. BACKSIPHONAGE: The flow of water or any other liquid, gases, or substances from any source back into the distribution pipes of the potable water supply system caused by the reduction of pressure in the potable water supply system. BEST MANAGEMENT PRACTICES (BMPs): The methods of improving stormwater quality by preventing or reducing the discharge of pollutants, directly or indirectly into stormwater, surface water, and groundwater. Such practices encompass a variety of managerial, operational, and structural measures that will reduce the amount of contaminants in stormwater and improve the quality of water resources. BMPs are separated into two broad categories: source control and treatment. Source control BMPs prevent contaminants from entering water bodies or stormwater runoff. Treatment BMPs are structures that treat stormwater to remove contaminants. See also RMC 4‐11‐020 for BEST MANAGEMENT PRACTICES – WETLANDS. BMPs: See “Best Management Practices (BMPs),” supra, and RMC 4‐11‐020. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 39 BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building walls. BUILDING SEWER: See Sewer, Building. BUSINESS: A general term for publicly and privately owned institutional, commercial, and industrial sites which have the potential to generate pollutants to the municipal separate storm sewer system (MS4). This includes multi‐family housing developments (e.g., apartment developments, condominium developments). COMBINED SEWER: A sewer receiving both surface runoff and sewage. CONTAMINANT: A substance that will impair the quality of the water to a degree that it creates a serious health hazard. CROSS CONNECTION: Any physical or potential arrangement whereby a public water system is connected, directly or indirectly, with any other nonpotable water system, drain, sewer, conduit, pool, storage reservoir, plumbing fixture, or other device which contains, or may contain, contaminated water, sewer, or other waste liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change‐over devices, or other temporary or permanent devices through which backflow may occur are considered to be cross connections. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 40 DOUBLE CHECK VALVE ASSEMBLY: An approved assembly composed of two (2) single, independently acting check valves, either spring loaded or internally weighted, installed as a unit between two (2) tightly closing shutoff valves and having suitable connections for testing. FWPCA: The Federal Water Pollution Control Act of 1956, PL 84‐660, together with the amendments of 1966, 1972, and as same may be hereafter amended; Public Law 92‐500 and all subsequent amendments thereto. HEALTH HAZARD: A physical or toxic hazard which could be dangerous to health. ILLICIT CONNECTION: Any infrastructure connection to the municipal stormwater sewer system that is not intended, permitted, or used for collecting and conveying stormwater or non‐stormwater discharges allowed as specified in RMC 4‐6‐030. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. ILLICIT DISCHARGE: Any discharge to the MS4 that is not composed entirely of stormwater or of non‐stormwater discharges allowed as specified in RMC 4‐6‐030. This includes discharges resulting from inadequate implementation of source control BMPs. INDUSTRIAL WASTES: The liquid wastes from industrial process as distinct from sanitary sewage. INFILTRATION: The volume of water or groundwater entering sewers and building sewer connections from the soil through defective joints, broken or cracked pipe, improper connections, or other structural failures. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 41 LONG‐RANGE WASTEWATER MANAGEMENT PLAN: See City Comprehensive Sewer Plan. MS4: See “Municipal Separate Storm Sewer System.” MUNICIPAL SEPARATE STORM SEWER SYSTEM: A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): a. Owned or operated by the City of Renton; b. Designed or used for collecting or conveying stormwater; c. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2 403.3(q); d. Which is not a combined sewer; and e. Which is defined as “large” or “medium” or “small” or otherwise designated by Ecology pursuant to 40 CFR 122.26. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT: A permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of EcologyEcology Wunder authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area‐wide basis. NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 42 NPDES: See “National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit.” POTABLE WATER: Water which is safe for human consumption, as described by the public health authority having jurisdiction. POTW: See “Publicly Owned Treatment Works.” PRESSURE VACUUM BREAKER: An assembly consisting of a spring loaded check valve and independently operating air inlet valve, inlet and discharge shutoff valve, and properly installed test cocks. The air inlet valve is internally loaded to the open position, normally by means of a spring. This internal loading allows the assembly to be installed on the pressure side of a shutoff valve. It is designed to protect against backsiphonage only. PUBLICLY OWNED TREATMENT WORKS: Any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned. REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTER: An assembly consisting of two (2) independently acting spring operated check valves, separated by a spring loaded differential pressure relief valve, which is installed as a unit between two (2) tightly closing shutoff valves and having suitable connections for testing. SEWAGE: A combination of the water‐carried wastes from residences, business commercial buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 43 SEWAGE TREATMENT PLANT: Any arrangement of devices and structures used for treating sewage. SEWAGE WORKS: All facilities for collecting, pumping, treating, and disposing of sewage. SEWER: A pipe or conduit for carrying sewage. SEWER, BUILDING: The extension from the building drain to the public sewer or other place of disposal. SEWER, PUBLIC: That portion of a sanitary sewer and its appurtenances located on property, easements, and rights‐of‐way held, owned, controlled, and accepted by the City or other public authority. SEWER, SANITARY: A sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. SIDE SEWER: See Sewer, Building. SIDE SEWER STUB: That portion of the building sewer between primary collection lines and individual property lines. SOURCE CONTROL: A practice to implement preventative measures to stop pollution before it enters the MS4 and subsequently flows to receiving waters. Source control aims to address accumulation of non‐point source pollutants such as fertilizers, oil and grease, washwater, etc., that originate from daily business/site activities, spill incidents, improper disposal, or other indirect sources. AGENDA ITEM # 8. d) ORDINANCE NO. ________ 44 SOURCE CONTROL BEST MANAGEMENT PRACTICES (BMPs): A structural or nonstructural BMP intended to prevent contaminants from entering surface water, stormwater, or groundwater including the modification of processes to eliminate the production or use of contaminants. Structural source control BMPs involve the construction of a physical structure on‐site, or other type of physical modification to a site (e.g., a covered storage area); nonstructural source control involves the modification or addition of managerial or behavioral practices. SOURCE CONTROL INSPECTION: A site visit, or follow‐up, conducted by the Public Works Administrator to assess compliance with source control requirements. STORM SEWER and STORM DRAIN: A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes. STORMWATER: Runoff during and following precipitation and snowmelt events, including surface runoff, drainage, or interflow. WATERCOURSE: A channel in which a flow of water occurs either continuously or intermittently. SECTION IV. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance, including, but not limited to: RMC AGENDA ITEM # 8. d) ORDINANCE NO. ________ 45 4‐3‐050.C.3 footnote 9, and RMC 4‐3‐050.G.8.b.vi(d)(3), and RMC 4‐7‐200.B, and RMC 4‐8‐ 120.D.4. SECTION V. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VI. This ordinance shall be in full force and effect 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. 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‐PW:2223:7/6/22 AGENDA ITEM # 8. d) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 6‐5 OF THE RENTON MUNICIPAL CODE TO ADD A NEW SECTION 6‐5‐4 PROHIBITING THE SALE, DELIVERY, AND MARKETING FOR SALE OF DOGS SOURCED FROM PUPPY MILLS, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 2023. WHEREAS, the federal Animal Welfare Act (“AWA” 7 U.S.C. Chapter 54) requires, among other things, the licensing of certain breeders of dogs. These breeders are required to maintain minimum health, safety, and welfare standards for animals in their care. The AWA is enforced by the United States Department of Agriculture (“USDA”); and WHEREAS, according to the Humane Society of the United States (“HSUS”), inspection records show that many USDA‐licensed breeders breed dogs or cats in relatively inhumane conditions. These breeders are commonly referred to as “Puppy Mills.” Documented problems of Puppy Mills include: over breeding, inbreeding, veterinary care that doesn’t meet the same standards as other breeders, relatively poor quality of food and shelter, lack of human socialization, and overcrowded cages. Dogs bred in Puppy Mills are more likely to have behavior and/or health problems; and WHEREAS, according to the American Society for the Prevention of Cruelty to Animals (“ASPCA”), fearful behavior and lack of socialization with humans and other animals are common characteristics of dogs from Puppy Mills and kittens from kitten factories; and WHEREAS, according to the Coalition Against Misery, hundreds of thousands of puppies are raised each year in commercial kennels. These puppies generally do not receive the same standard of care as provided by other breeders; and WHEREAS, according to HSUS, most pet store puppies come from Puppy Mills; and AGENDA ITEM # 8. e) 2 ORDINANCE NO. ________ WHEREAS, HSUS advises that reputable breeders who care about the welfare of their dogs will welcome visits and inspections of their facilities and want the purchasers of their dogs to value the quality of care the breeder provides to the parents of that dog being sold; and WHEREAS, many pet stores that source their puppies from Puppy Mills or brokers that obtain dogs from Puppy Mills lack personal knowledge about the conditions of the facilities from which they are sourcing the dogs they sell; and WHEREAS, a lack of knowledge of the breeding conditions by sellers of dogs increases the likelihood that the dogs are sourced from Puppy Mills and leaves purchasers with no way of confirming that their purchase is not supporting a Puppy Mill; and WHEREAS, there are hundreds of thousands of Puppy Mills around the world that produce untold millions of puppies annually, while millions of dogs die in U.S. shelters each year. With rare exceptions, when consumers buy puppies from pet stores that do not have personal familiarity with their breeders and knowledge of the living conditions of their dogs’ parents, there is a strong likelihood that consumers are supporting the Puppy Mill factory industry; and WHEREAS, in recognition of the importance of protecting animal welfare and to prevent and deter the proliferation of the Puppy Mill factory industry, the state of Washington enacted RCW 16.52.360 prohibiting new retail pet stores from selling dogs in Washington; and WHEREAS, RCW 16.52.360 does not prevent the sale of dogs sourced from Puppy Mills at preexisting retail pet stores nor does it prevent sales of such dogs through other means that support the Puppy Mill factory industry, such as those that advertise online or through classified ads and deliver to the City of Renton; and AGENDA ITEM # 8. e) 3 ORDINANCE NO. ________ WHEREAS, the City Council finds that the sale of dogs sourced from Puppy Mills should be prohibited within the City of Renton, regardless of whether such sales are from physical retail stores or other means for selling and delivering dogs in the City; and WHEREAS, to prevent unwitting or hidden support for the Puppy Mill industry, the City Council finds that any person who sells a dog for amounts that may be used to support the Puppy Mill factory industry should be required to have personal knowledge of the breeding conditions of the dogs they are selling to assure the dogs they sell are not sourced from a Puppy Mill; and WHEREAS, this issue was originally referred to the City’s Planning Commission for consideration of the adoption of zoning and land use controls to prevent the sale of dogs sourced from Puppy Mills; and WHEREAS, the City Council deems this ordinance a necessary exercise of its broader police powers to more broadly protect animal welfare and prevent the sale of dogs sourced from Puppy Mills throughout the City, regardless of what means and methods are used to market and deliver such dogs; and WHEREAS, to allow a time of transition for people who sell, market, or deliver dogs in Renton to adjust where they source dogs, if necessary, and to comply with the inspection and affidavit requirements of this ordinance, enforcement of the requirements herein will not commence until January 1, 2023; 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. AGENDA ITEM # 8. e) 4 ORDINANCE NO. ________ SECTION II. Chapter 6‐5 of the Renton Municipal Code is amended to add a new Section 6‐ 5‐4 to read as follows: 6‐5‐4 SALE OF DOGS SOURCED FROM PUPPY MILLS PROHIBITED: A. Definitions: For purposes of this Section, the following definitions apply: 1. BONA FIDE PROSPECTIVE BUYER: Any person who has a genuine interest in and meets the Dog Salesperson’s objective qualification criteria to acquire a dog through a Dog Salesperson. A Dog Salesperson may not use qualification criteria that would violate any state, local, or federal law. If a Dog Salesperson determines that an interested prospective buyer is not qualified or otherwise eligible to acquire a dog from the Dog Salesperson, the Dog Salesperson shall provide the interested prospective buyer their reason(s) for such determination in writing. 2. BREEDER: One or more persons that together (in agency, employment, partnership, or other contractual arrangement) keep, house, or breed dogs for the purpose of selling some or all of the dogs’ puppies for a profit. 3. BREEDING FACILITY: All premises used by a single Breeder and their employees, agents, and business partners to keep, house, or breed dogs and/or their puppies. 4. DOG SALESPERSON: One or more persons that together (in agency, employment, partnership, or other arrangement) markets for sale, delivers, or sells a dog in the City of Renton for more than one thousand dollars ($1,000). Unless otherwise specifically provided herein, if more than one person is engaged together as a Dog Salesperson through the same partnership, business entity, or employer, all such persons shall be jointly and severally responsible for ensuring AGENDA ITEM # 8. e) 5 ORDINANCE NO. ________ the partnership, business entity, or employer complies with all requirements of this Section. 5. FINANCING AGREEMENT: An agreement in which the buyer agrees to terms to pay in full or in part after delivery for a dog purchased or delivered within the City of Renton. 6. PERSON: Any person, individual, corporation, firm, association, joint venture, partnership, company, or any other entity whatsoever. 7. PUPPY MILL: A Breeding Facility that is operated by a Breeder with unhealthy or unsafe conditions, without adequate veterinary care, without adequate human interaction, or with practices in which the customers and ultimate buyers of dogs are not allowed to inspect the dogs’ veterinary records and/or living conditions. For the purposes of this Section, any Breeding Facility that is operated by a Breeder within six (6) months of selling a dog in any one of the following conditions or ways is a Puppy Mill, unless the conditions are a result of specific instructions of a licensed doctor of veterinary medicine: a. More than fifty (50) dogs with intact sexual organs that are over the age of six (6) months are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder; b. More than ten (10) dogs with intact sexual organs over the age of six (6) months are kept at the Breeding Facility in an enclosure for the majority of the day, and the Breeder does not: AGENDA ITEM # 8. e) 6 ORDINANCE NO. ________ i. Provide space to allow each dog to turn about freely, to stand, sit, and lie down; ii. Ensure that all dogs in enclosures are able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously; iii. Ensure the interior height of all enclosures are at least six inches (6”) higher than the head of the tallest dog in the enclosure when it is in a normal standing position; iv. Ensure all enclosures are at least three (3) times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade; or v. Provide each dog that is over the age of four (4) months with a minimum of one (1) exercise period during each day for a total of not less than one (1) hour of exercise during each day to include either leash walking or giving the dog access to an area that allows the dog free mobility for the entire exercise period, and does not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine; c. Any dogs in the Breeding Facility are not provided regular care as recommended by a licensed and independent veterinarian who has its own private practice separate from the Breeder’s business; AGENDA ITEM # 8. e) 7 ORDINANCE NO. ________ d. The Breeder does not allow their customers who purchase dogs and those who purchase the dogs from dealers or brokers to interview the Breeder and inspect the Breeding Facility; e. The Breeder fails to provide veterinarian records of purchased dogs and their mothers prior to the buyer paying for or finalizing a Sales Contract to purchase a dog; f. Any dogs are kept in enclosures that fail to keep the dogs dry, protected from extreme temperatures and weather conditions, and/or clean; g. Any dogs are kept in conditions that are not sanitary according to applicable local health regulations; h. Any dogs are kept in enclosures that are not well ventilated to minimize odors, drafts, ammonia levels, or to prevent moisture condensation; i. Any dogs are kept in areas that are not constructed and maintained to protect the dogs from injury; j. Feces, hair, dirt, debris, and/or food waste is not removed from enclosures in which the dogs are kept at least once per day or more often if necessary to prevent accumulation and reduce disease hazards, insects, pests, and odors; k. Any dogs are kept in the same enclosure with other dogs that are not compatible, including any dog that is vicious or has an aggressive disposition; l. Any female dogs in heat are kept in the same enclosure with a male dog for other than breeding purposes; AGENDA ITEM # 8. e) 8 ORDINANCE NO. ________ m. Any puppies under twelve (12) weeks are kept in the same enclosure at the same time with adult dogs other than their mother or foster mother without immediate supervision; n. Any dogs are not provided with easy and convenient access to adequate amounts of clean food and water or regularly cleaned and sanitized food and water receptacles; o. Any dogs are not provided at all times with readily accessible potable water that is not frozen and is free from debris; p. Any dogs younger than twelve (12) months or older than eight (8) years are used for breeding; q. Any female dog is bred more than a maximum of six (6) litters in their lifetime; r. Any dogs are not provided with appropriate regular and frequent human interaction, including appropriate play, training, and petting. 8. SALES CONTRACT: An agreement that irrevocably binds a Person to purchase a dog for more than one‐thousand dollars ($1,000). B. Duty of Dog Salesperson: No Dog Salesperson may sell, market for sale, or deliver a dog within the City of Renton for more than one thousand dollars ($1,000) unless such person first (i) personally confirms through diligent investigation with reasonable certainty that the dog was not bred in a Puppy Mill, (ii) arranges with the Breeder to offer to give any Bona Fide Prospective Buyer an opportunity to interview the Breeder and inspect the Breeding Facility in which the dog was bred and (iii) obtains from the Breeder and provides copies thereof to the buyer AGENDA ITEM # 8. e) 9 ORDINANCE NO. ________ complete veterinarian records of the dog and its mother. The inspection and interview required to be offered by (ii) may be conducted either in person at the Breeding Facility or through live video teleconference. C. Completion of Affidavits Affirming Dogs Not Sourced From Puppy Mill Required: Prior to the earlier of marketing, selling, or delivering each dog within the City of Renton for compensation from a buyer of more than one thousand dollars ($1,000), the Dog Salesperson shall: 1. Obtain from the dog’s Breeder an affidavit that verifies by personal knowledge that each dog was not bred in or sourced from a Puppy Mill; and 2. If the Dog Salesperson is not the Breeder, the Dog Salesperson shall personally interview the Breeder, inspect the Breeding Facilities, and complete an affidavit that verifies to the best of the Dog Salesperson’s knowledge that each dog is not sourced from a Puppy Mill. If the Dog Salesperson is an entity or partnership and different individuals have the personal knowledge necessary to complete the required affidavit, more than one affidavit may be used to supply the required verifications. An individual employed by or partnering with the Dog Salesperson may rely upon affidavits provided to them by another employee or partner of the Dog Salesperson so long as they have personally reviewed such affidavits prior to marketing, delivering, or selling each dog and they believe in good faith that the affidavits are true and correct and that the dog was not sourced from a Puppy Mill. D. Affidavits To Be Provided to Bona Fide Prospective Buyers Prior To Purchase: A Dog Salesperson shall provide a copy of the affidavit(s) required by this Section to any Bona Fide Prospective Buyer prior to the earlier of delivery, finalizing AGENDA ITEM # 8. e) 10 ORDINANCE NO. ________ a Sales Contract, or exchange of payment for the dog, regardless of whether the affidavit is requested by the buyer. Any contract that does not allow a buyer to opt out of purchasing a dog, without penalty or payment, after having a reasonable period of time to review the affidavit(s) shall be void and unenforceable against the buyer. E. Content of Affidavit(s): The affidavit(s) required by this Section shall be on a template that is preapproved by the City, retained by the Dog Salesperson for no less than two (2) years after the dog is sold, and include verifiable information that identifies the Breeder and Breeding Facility, and documents how the person signing the affidavit knows the Breeding Facility is not a Puppy Mill. Collectively, the information included within the required affidavits shall include, at a minimum, the following: 1. The name of the dog’s mother; 2. Name of Breeder, city and state of the Breeding Facility, and applicable state unified business identification number or business license number; 3. Dog Salesperson’s name, city and state of primary place of business, Washington state unified business identification number, and City of Renton business license number; 4. If the Breeder is required to obtain a USDA license the license number(s) for such Breeder; 5. The total number of dogs over the age of six (6) months with sexual organs intact that are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder as of the birthday of the dog being sold/delivered; AGENDA ITEM # 8. e) 11 ORDINANCE NO. ________ 6. If the dog was acquired by the seller through a USDA Class B Dealer/Broker, the name, location, and USDA license number for such Dealer; 7. Confirmation that the Dog Salesperson has interviewed the Breeder (if the Dog Salesperson is not the Breeder) and inspected the dog’s Breeding Facility with particular attention to each of the conditions that could cause it to be classified as a Puppy Mill and confirmed that no such conditions exist. The inspection and interview may be conducted either in person or through live video teleconference. Such interview and inspection shall have occurred within six (6) months of the day the dog is sold, marketed for sale, or delivered; and 8. Confirmation that the Breeder will allow any Bona Fide Prospective Buyer to interview the Breeder, inspect the Breeding Facilities, and obtain copies of the dog and its mother’s complete veterinary records as required by this Section. F. Exceptions: Except for as provided below, this Section does not apply to the following persons: 1. A person selling a trained service or police dog; 2. A government agency; or 3. A government operated or contracted animal control facility or shelter. G. Information Posted on Enclosures Required: Any Dog Salesperson marketing a dog that is physically located within the City for compensation from a buyer of more than one thousand dollars ($1,000) shall include on any enclosure used to display each dog for sale the following: 1. The advertised price of such dog in dollars denoted with a $ symbol; AGENDA ITEM # 8. e) 12 ORDINANCE NO. ________ 2. Either a copy of the affidavit(s) required by this Section or a reference to availability of the affidavit upon request (e.g. “Affidavit(s) Affirming Dog Not Sourced From Puppy Mill Available Upon Request”); 3. Breeder name, city, and state; and 4. Breeder’s USDA license number, if applicable. H. Financing Agreement Enforceability: No Person may require payment for a dog sold or delivered for more than one‐thousand dollars ($1,000) within the City of Renton or take any action to enforce a Financing Agreement prior to (i) the buyer receiving the affidavit(s) required by this Section, (ii) the buyer being offered an opportunity to interview the Breeder and inspect the dog’s Breeding Facility and (iii) the buyer being provided complete veterinary records of the dog and its mother. I. Certain Agreements Prohibited: No Dog Salesperson may require a buyer or Bona Fide Prospective Buyer of a dog to: 1. Waive the requirements of this Section; or 2. Enter into a confidentiality agreement that would: a. Prevent or deter the buyer or Bona Fide Prospective Buyer from reporting information to a government agency that the buyer or Bona Fide Prospective Buyer believe in good faith contains evidence that the Dog Salesperson and/or Breeder may have violated a law such government agency is responsible for enforcing; or b. Prevent or deter the buyer from providing honest public reviews of a Dog Salesperson’s services so long as such reviews do not reveal legitimately legally AGENDA ITEM # 8. e) 13 ORDINANCE NO. ________ protected trade secrets or private personal information in which there is no legitimate public interest. J. Penalty: Any Person who violates this Section shall be guilty of a misdemeanor. Any business found to violate this Section shall be subject to having its business license revoked pursuant to the provisions of Title V of the Renton Municipal Code, regardless of whether such business is first convicted of a crime under this Section. SECTION III. The template affidavits attached as Attachment A to this ordinance are approved for use pursuant to RMC 6‐5‐4. The templates, or substantively equivalent templates approved by the Mayor or their designee, shall be retained in the Office of the City Clerk and should be posted on the City’s website or otherwise freely distributed to any person who wishes to market, deliver, or sell a dog within the City of Renton for more than $1,000. SECTION IV. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. SECTION V. If any section, subsection, sentence, clause, phrase, or word 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 V. This ordinance shall be in full force and effect on January 1, 2023. 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. AGENDA ITEM # 8. e) 14 ORDINANCE NO. ________ 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:2210:6/15/22 AGENDA ITEM # 8. e) 15 ORDINANCE NO. ________ ATTACHMENT A TEMPLATE AFFIDAVITS AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 1 AFFIDAVIT AFFIRMING DOG NOT SOURCED FROM PUPPY MILL (Breeder – including Breeder who is also a Dog Salesperson) I, the undersigned, being duly sworn, hereby affirm the following is true and correct to my personal knowledge: 1. My name is ________________________, and I am the Breeder of the Dog described herein. 2. I am a breeder in the following capacity: ☐ In my personal capacity, not for an employer or separate legal entity ☐ In my capacity as an employee or owner of: Legal Business name: __________________________________________________ Breeding Facility city and state: __________________________________________ Applicable state unified business identification number or business license number: __________________ USDA license number, if applicable: ___________________________ City of Renton business license number (if operating in Renton): ___________________ 3. The dog (hereinafter “the Dog”] is described as follows: a. Dog’s Name: ____________________________ b. Dog’s microchip number, if applicable: _____________________ c. Dog’s Breed: _______________________ d. Dog’s Color: _________________________ e. Dog’s Birthdate: ______________________ f. Dog’s Mother’s Name: __________________ 4. I have personal knowledge that the Dog and its mother where kept, housed, and bred in a Breeding Facility that is operated in a manner that satisfies all conditions listed in the attached Exhibit A, and such premises were not a Puppy Mill as defined by the City of Renton in RMC 6‐5‐4, which is attached as Exhibit B. AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 2 5. I will allow any Bona Fide Prospective Buyer to interview me and inspect the Breeding Facility prior to the Bona Fide Prospective Buyer entering a binding Sales Contract or committing to transfer funds for the Dog. Such interview and inspection may be conducted either in person at the Breeding Facility or through live video teleconference. 6. As of the Dog’s birthdate, the total number of dogs over the age of six (6) months with sexual organs intact that I own, possess, or control and/or are kept at the Breeding Facility (whichever is greater) was: _______________. 7. Pursuant to RMC 6‐5‐4, the Dog’s and its mother’s full veterinary and vaccination records have been provided to the Dog Salesperson or will be provided to any Bona Fide Prospective Buyers of the Dog. _______________________________________________ Signature of Affiant _______________________________________________ Printed Name of Affiant _______________________________________________ Date Signed AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 3 Individual form of acknowledgement: STATE OF _______________ ) ) COUNTY OF _____________ ) On this day of , 20 _____, before me, a Notary Public in and for the State of _________________, duly commissioned and sworn, personally appeared ___________________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be a free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunder set my hand and official seal the day and year first written above. _________________________________________ Signature _________________________________________ Print or Type Name NOTARY PUBLIC in and for the State of _____________, _________________________________________ My commission expires AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 4 EXHIBIT A AFFIDAVIT AFFIRMING DOG NOT SOURCED FROM PUPPY MILL The Dog’s Breeding Facility has at all times within the last six (6) months been operated by the Breeder in a way that all of the following conditions are met, except to the extent the Breeder was instructed by an independent licensed doctor of veterinary medicine to provide alternative healthy and safe conditions: 1. The Breeder and Breeding Facility never own, possess, or control more than forty‐ nine (49) dogs with intact sexual organs that are over the age of six (6) months at any time; 2. If the Breeder ever houses more than ten (10) dogs with intact sexual organs over the age of six (6) months are kept at the Breeding Facility in an enclosure for the majority of the day, the Breeder: a. Provides space to allow each dog to turn about freely, to stand, sit, and lie down; b. Ensures that all dogs in enclosures are able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously; c. Ensures the interior height of all enclosures are at least six inches (6”) higher than the head of the tallest dog in the enclosure when it is in a normal standing position; d. Ensures all enclosures are at least three (3) times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade; and AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 5 e. Provides each dog that is over the age of four (4) months with a minimum of one (1) exercise period during each day for a total of not less than one (1) hour of exercise during each day to include either leash walking or giving the dog access to an area that allows the dog free mobility for the entire exercise period, and does not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine; 3. All dogs in the Breeding Facility are provided regular care as recommended by a licensed and independent veterinarian who has its own private practice separate from the Breeder’s business; 4. The Breeder allows their customers who purchase dogs and those who purchase the dogs from dealers or brokers to interview the Breeder and inspect the Breeding Facility; 5. The Breeder provides veterinarian records of purchased dogs and their mothers prior to the buyer paying for or finalizing a Sales Contract to purchase a dog; 6. All dogs are kept in clean enclosures that keep the dogs dry, protected from extreme temperatures and weather conditions, and/or clean; 7. All dogs are kept in conditions that are sanitary according to applicable local health regulations; 8. All dogs are kept in enclosures that are well ventilated to minimize odor, drafts, ammonia levels, or to prevent moisture condensation; 9. All dogs are kept in areas that are constructed and maintained to protect the dogs from injury; AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 6 10. Feces, hair, dirt, debris, and/or food waste is removed from enclosures in which the dogs are kept at least once per day or more often if necessary to prevent accumulation and reduce disease hazards, insects, pests, and odors; 11. Dogs are kept in the same enclosure with other dogs only if such dogs are compatible, and never together with any dog that is vicious or has an aggressive disposition; 12. No female dogs in heat are kept in the same enclosure with a male dog for other than breeding purposes; 13. No puppies under twelve (12) weeks are kept in the same enclosure at the same time with adult dogs other than their mother or foster mother without immediate supervision; 14. All dogs are provided with easy and convenient access to adequate amounts of clean food and water and regularly cleaned and sanitized food and water receptacles; 15. All dogs are provided at all times with readily accessible potable water that is not frozen and is free from debris; 16. No dogs younger than twelve (12) months or older than eight (8) years are used for breeding; 17. No female dog is bred more than a maximum of six (6) litters in their lifetime; 18. All dogs are provided with age appropriate regular and frequent human interaction, including play, training, and petting. AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 7 EXHIBIT B 6‐5‐4 SALE OF DOGS SOURCED FROM PUPPY MILLS PROHIBITED: A. Definitions: For purposes of this Section, the following definitions apply: 1. BONA FIDE PROSPECTIVE BUYER: Any person who has a genuine interest in and meets the Dog Salesperson’s objective qualification criteria to acquire a dog through a Dog Salesperson. A Dog Salesperson may not use qualification criteria that would violate any state, local, or federal law. If a Dog Salesperson determines that an interested prospective buyer is not qualified or otherwise eligible to acquire a dog from the Dog Salesperson, the Dog Salesperson shall provide the interested prospective buyer their reason(s) for such determination in writing. 2. BREEDER: One or more persons that together (in agency, employment, partnership, or other contractual arrangement) keep, house, or breed dogs for the purpose of selling some or all of the dogs’ puppies for a profit. 3. BREEDING FACILITY: All premises used by a single Breeder and their employees, agents, and business partners to keep, house, or breed dogs and/or their puppies. 4. DOG SALESPERSON: One or more persons that together (in agency, employment, partnership, or other arrangement) markets for sale, delivers, or sells a dog in the City of Renton for more than one thousand dollars ($1,000). Unless otherwise specifically provided herein, if more than one person is engaged together as a Dog Salesperson through the same partnership, business entity, or employer, all such persons shall be jointly and severally responsible for ensuring the partnership, business entity, or employer complies with all requirements of this Section. AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 8 5. FINANCING AGREEMENT: An agreement in which the buyer agrees to terms to pay in full or in part after delivery for a dog purchased or delivered within the City of Renton. 6. PERSON: Any person, individual, corporation, firm, association, joint venture, partnership, company, or any other entity whatsoever. 7. PUPPY MILL: A Breeding Facility that is operated by a Breeder with unhealthy or unsafe conditions, without adequate veterinary care, without adequate human interaction, or with practices in which the customers and ultimate buyers of dogs are not allowed to inspect the dogs’ veterinary records and/or living conditions. For the purposes of this Section, any Breeding Facility that is operated by a Breeder within six (6) months of selling a dog in any one of the following conditions or ways is a Puppy Mill, unless the conditions are a result of specific instructions of a licensed doctor of veterinary medicine: a. More than fifty (50) dogs with intact sexual organs that are over the age of six (6) months are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder; b. More than ten (10) dogs with intact sexual organs over the age of six (6) months are kept at the Breeding Facility in an enclosure for the majority of the day, and the Breeder does not: i. Provide space to allow each dog to turn about freely, to stand, sit, and lie down; ii. Ensure that all dogs in enclosures are able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously; AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 9 iii. Ensure the interior height of all enclosures are at least six inches (6”) higher than the head of the tallest dog in the enclosure when it is in a normal standing position; iv. Ensure all enclosures are at least three (3) times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade; or v. Provide each dog that is over the age of four (4) months with a minimum of one (1) exercise period during each day for a total of not less than one (1) hour of exercise during each day to include either leash walking or giving the dog access to an area that allows the dog free mobility for the entire exercise period, and does not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine; c. Any dogs in the Breeding Facility are not provided regular care as recommended by a licensed and independent veterinarian who has its own private practice separate from the Breeder’s business; d. The Breeder does not allow their customers who purchase dogs and those who purchase the dogs from dealers or brokers to interview the Breeder and inspect the Breeding Facility; e. The Breeder fails to provide veterinarian records of purchased dogs and their mothers prior to the buyer paying for or finalizing a Sales Contract to purchase a dog; f. Any dogs are kept in enclosures that fail to keep the dogs dry, protected from extreme temperatures and weather conditions, and/or clean; g. Any dogs are kept in conditions that are not sanitary according to applicable local health regulations; AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 10 h. Any dogs are kept in enclosures that are not well ventilated to minimize odors, drafts, ammonia levels, or to prevent moisture condensation; i. Any dogs are kept in areas that are not constructed and maintained to protect the dogs from injury; j. Feces, hair, dirt, debris, and/or food waste is not removed from enclosures in which the dogs are kept at least once per day or more often if necessary to prevent accumulation and reduce disease hazards, insects, pests, and odors; k. Any dogs are kept in the same enclosure with other dogs that are not compatible, including any dog that is vicious or has an aggressive disposition; l. Any female dogs in heat are kept in the same enclosure with a male dog for other than breeding purposes; m. Any puppies under twelve (12) weeks are kept in the same enclosure at the same time with adult dogs other than their mother or foster mother without immediate supervision; n. Any dogs are not provided with easy and convenient access to adequate amounts of clean food and water or regularly cleaned and sanitized food and water receptacles; o. Any dogs are not provided at all times with readily accessible potable water that is not frozen and is free from debris; p. Any dogs younger than twelve (12) months or older than eight (8) years are used for breeding; q. Any female dog is bred more than a maximum of six (6) litters in their lifetime; r. Any dogs are not provided with appropriate regular and frequent human interaction, including appropriate play, training, and petting. AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 11 8. SALES CONTRACT: An agreement that irrevocably binds a Person to purchase a dog for more than one‐thousand dollars ($1,000). B. Duty of Dog Salesperson: No Dog Salesperson may sell, market for sale, or deliver a dog within the City of Renton for more than one thousand dollars ($1,000) unless such person first (i) personally confirms through diligent investigation with reasonable certainty that the dog was not bred in a Puppy Mill, (ii) arranges with the Breeder to offer to give any Bona Fide Prospective Buyer an opportunity to interview the Breeder and inspect the Breeding Facility in which the dog was bred and (iii) obtains from the Breeder and provides copies thereof to the buyer complete veterinarian records of the dog and its mother. The inspection and interview required to be offered by (ii) may be conducted either in person at the Breeding Facility or through live video teleconference. C. Completion of Affidavits Affirming Dogs Not Sourced From Puppy Mill Required: Prior to the earlier of marketing, selling, or delivering each dog within the City of Renton for compensation from a buyer of more than one thousand dollars ($1,000), the Dog Salesperson shall: 1. Obtain from the dog’s Breeder an affidavit that verifies by personal knowledge that each dog was not bred in or sourced from a Puppy Mill; and 2. If the Dog Salesperson is not the Breeder, the Dog Salesperson shall personally interview the Breeder, inspect the Breeding Facilities, and complete an affidavit that verifies to the best of the Dog Salesperson’s knowledge that each dog is not sourced from a Puppy Mill. If the Dog Salesperson is an entity or partnership and different individuals have the personal knowledge necessary to complete the required affidavit, more than one affidavit may be used to AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 12 supply the required verifications. An individual employed by or partnering with the Dog Salesperson may rely upon affidavits provided to them by another employee or partner of the Dog Salesperson so long as they have personally reviewed such affidavits prior to marketing, delivering, or selling each dog and they believe in good faith that the affidavits are true and correct and that the dog was not sourced from a Puppy Mill. D. Affidavits To Be Provided to Bona Fide Prospective Buyers Prior To Purchase: A Dog Salesperson shall provide a copy of the affidavit(s) required by this Section to any Bona Fide Prospective Buyer prior to the earlier of delivery, finalizing a Sales Contract, or exchange of payment for the dog, regardless of whether the affidavit is requested by the buyer. Any contract that does not allow a buyer to opt out of purchasing a dog, without penalty or payment, after having a reasonable period of time to review the affidavit(s) shall be void and unenforceable against the buyer. E. Content of Affidavit(s): The affidavit(s) required by this Section shall be on a template that is preapproved by the City, retained by the Dog Salesperson for no less than two (2) years after the dog is sold, and include verifiable information that identifies the Breeder and Breeding Facility, and documents how the person signing the affidavit knows the Breeding Facility is not a Puppy Mill. Collectively, the information included within the required affidavits shall include, at a minimum, the following: 1. The name of the dog’s mother; 2. Name of Breeder, city and state of the Breeding Facility, and applicable state unified business identification number or business license number; AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 13 3. Dog Salesperson’s name, city and state of primary place of business, Washington state unified business identification number, and City of Renton business license number; 4. If the Breeder is required to obtain a USDA license the license number(s) for such Breeder; 5. The total number of dogs over the age of six (6) months with sexual organs intact that are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder as of the birthday of the dog being sold/delivered; 6. If the dog was acquired by the seller through a USDA Class B Dealer/Broker, the name, location, and USDA license number for such Dealer; 7. Confirmation that the Dog Salesperson has interviewed the Breeder (if the Dog Salesperson is not the Breeder) and inspected the dog’s Breeding Facility with particular attention to each of the conditions that could cause it to be classified as a Puppy Mill and confirmed that no such conditions exist. The inspection and interview may be conducted either in person or through live video teleconference. Such interview and inspection shall have occurred within six (6) months of the day the dog is sold, marketed for sale, or delivered; and 8. Confirmation that the Breeder will allow any Bona Fide Prospective Buyer to interview the Breeder, inspect the Breeding Facilities, and obtain copies of the dog and its mother’s complete veterinary records as required by this Section. F. Exceptions: Except for as provided below, this Section does not apply to the following persons: 1. A person selling a trained service or police dog; 2. A government agency; or AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 14 3. A government operated or contracted animal control facility or shelter. G. Information Posted on Enclosures Required: Any Dog Salesperson marketing a dog that is physically located within the City for compensation from a buyer of more than one thousand dollars ($1,000) shall include on any enclosure used to display each dog for sale the following: 1. The advertised price of such dog in dollars denoted with a $ symbol; 2. Either a copy of the affidavit(s) required by this Section or a reference to availability of the affidavit upon request (e.g. “Affidavit(s) Affirming Dog Not Sourced From Puppy Mill Available Upon Request”); 3. Breeder name, city, and state; and 4. Breeder’s USDA license number, if applicable. H. Financing Agreement Enforceability: No Person may require payment for a dog sold or delivered for more than one‐thousand dollars ($1,000) within the City of Renton or take any action to enforce a Financing Agreement prior to (i) the buyer receiving the affidavit(s) required by this Section, (ii) the buyer being offered an opportunity to interview the Breeder and inspect the dog’s Breeding Facility and (iii) the buyer being provided complete veterinary records of the dog and its mother. I. Certain Agreements Prohibited: No Dog Salesperson may require a buyer or Bona Fide Prospective Buyer of a dog to: 1. Waive the requirements of this Section; or 2. Enter into a confidentiality agreement that would: a. Prevent or deter the buyer or Bona Fide Prospective Buyer from reporting information to a government agency that the buyer or Bona Fide Prospective Buyer believe in AGENDA ITEM # 8. e) Affidavit (Breeder) – Page 15 good faith contains evidence that the Dog Salesperson and/or Breeder may have violated a law such government agency is responsible for enforcing; or b. Prevent or deter the buyer from providing honest public reviews of a Dog Salesperson’s services so long as such reviews do not reveal legitimately legally protected trade secrets or private personal information in which there is no legitimate public interest. J. Penalty: Any Person who violates this Section shall be guilty of a misdemeanor. Any business found to violate this Section shall be subject to having its business license revoked pursuant to the provisions of Title V of the Renton Municipal Code, regardless of whether such business is first convicted of a crime under this Section. AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 1 AFFIDAVIT AFFIRMING DOG NOT SOURCED FROM PUPPY MILL (Dog Salesperson – non‐breeder) I, the undersigned, being duly sworn, hereby affirm the following is true and correct to the best of my personal knowledge: 1. My name is ________________________, and I intend to [check all that apply] ☐market, ☐sell and/or ☐deliver the dog described herein within the City of Renton, Washington. 2. I intend to do so in the following capacity: ☐ In my personal capacity, not for an employer or separate legal entity ☐ In my capacity as an employee or owner of: Name: _____________________________________________________ City and state of primary place of business: _______________________________________________________ State of Washington unified business identification number: __________________ City of Renton business license number: ________________________ 3. The dog (hereinafter “the Dog”] I intend to market, sell, and/or deliver is described as follows: a. Dog’s Name: ____________________________ b. Dog’s microchip number, if applicable: _____________________ c. Dog’s Breed: _______________________ d. Dog’s Color: _________________________ e. Dog’s Birthdate: ______________________ f. Dog’s Mother’s Name: __________________ g. Dog’s Breeding Facility name, city and state: ________________________________________________________ h. Name, location, and license number of USDA Class B Dealer/Broker selling the Dog, if applicable: _________________________________________ AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 2 4. Within the last six (6) months, I personally interviewed the Breeder and inspected the Dog’s Breeding Facility. Based upon this background and the affidavit provided to me by the Breeder, I am satisfied that the Breeding Facility is operated in a manner that satisfies all conditions listed in the attached Exhibit A, and the Breeding Facility is not a Puppy Mill as defined in RMC 6‐5‐4, a copy of which is attached as Exhibit B. _______________________________________________ Signature of Affiant _______________________________________________ Printed Name of Affiant _______________________________________________ Date Signed AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 3 Individual form of acknowledgement: STATE OF _______________ ) ) COUNTY OF _____________ ) On this day of , 20 _____, before me, a Notary Public in and for the State of _________________, duly commissioned and sworn, personally appeared ___________________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument and acknowledged it to be a free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunder set my hand and official seal the day and year first written above. _________________________________________ Signature _________________________________________ Print or Type Name NOTARY PUBLIC in and for the State of _____________, _________________________________________ My commission expires AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 4 EXHIBIT A AFFIDAVIT AFFIRMING DOG NOT SOURCED FROM PUPPY MILL The Dog’s Breeding Facility has at all times within the last six (6) months been operated by the Breeder in a way that all of the following conditions are met, except to the extent the Breeder was instructed by an independent licensed doctor of veterinary medicine to provide alternative healthy and safe conditions: 1. The Breeder and Breeding Facility never own, possess, or control more than forty‐ nine (49) dogs with intact sexual organs that are over the age of six (6) months at any time; 2. If the Breeder ever houses more than ten (10) dogs with intact sexual organs over the age of six (6) months are kept at the Breeding Facility in an enclosure for the majority of the day, the Breeder: a. Provides space to allow each dog to turn about freely, to stand, sit, and lie down; b. Ensures that all dogs in enclosures are able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously; c. Ensures the interior height of all enclosures are at least six inches (6”) higher than the head of the tallest dog in the enclosure when it is in a normal standing position; d. Ensures all enclosures are at least three (3) times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade; and AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 5 e. Provides each dog that is over the age of four (4) months with a minimum of one (1) exercise period during each day for a total of not less than one (1) hour of exercise during each day to include either leash walking or giving the dog access to an area that allows the dog free mobility for the entire exercise period, and does not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine; 3. All dogs in the Breeding Facility are provided regular care as recommended by a licensed and independent veterinarian who has its own private practice separate from the Breeder’s business; 4. The Breeder allows their customers who purchase dogs and those who purchase the dogs from dealers or brokers to interview the Breeder and inspect the Breeding Facility; 5. The Breeder provides veterinarian records of purchased dogs and their mothers prior to the buyer paying for or finalizing a Sales Contract to purchase a dog; 6. All dogs are kept in clean enclosures that keep the dogs dry, protected from extreme temperatures and weather conditions, and/or clean; 7. All dogs are kept in conditions that are sanitary according to applicable local health regulations; 8. All dogs are kept in enclosures that are well ventilated to minimize odor, drafts, ammonia levels, or to prevent moisture condensation; 9. All dogs are kept in areas that are constructed and maintained to protect the dogs from injury; AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 6 10. Feces, hair, dirt, debris, and/or food waste is removed from enclosures in which the dogs are kept at least once per day or more often if necessary to prevent accumulation and reduce disease hazards, insects, pests, and odors; 11. Dogs are kept in the same enclosure with other dogs only if such dogs are compatible, and never together with any dog that is vicious or has an aggressive disposition; 12. No female dogs in heat are kept in the same enclosure with a male dog for other than breeding purposes; 13. No puppies under twelve (12) weeks are kept in the same enclosure at the same time with adult dogs other than their mother or foster mother without immediate supervision; 14. All dogs are provided with easy and convenient access to adequate amounts of clean food and water and regularly cleaned and sanitized food and water receptacles; 15. All dogs are provided at all times with readily accessible potable water that is not frozen and is free from debris; 16. No dogs younger than twelve (12) months or older than eight (8) years are used for breeding; 17. No female dog is bred more than a maximum of six (6) litters in their lifetime; 18. All dogs are provided with age appropriate regular and frequent human interaction, including play, training, and petting. AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 7 EXHIBIT B 6‐5‐4 SALE OF DOGS SOURCED FROM PUPPY MILLS PROHIBITED: A. Definitions: For purposes of this Section, the following definitions apply: 1. BONA FIDE PROSPECTIVE BUYER: Any person who has a genuine interest in and meets the Dog Salesperson’s objective qualification criteria to acquire a dog through a Dog Salesperson. A Dog Salesperson may not use qualification criteria that would violate any state, local, or federal law. If a Dog Salesperson determines that an interested prospective buyer is not qualified or otherwise eligible to acquire a dog from the Dog Salesperson, the Dog Salesperson shall provide the interested prospective buyer their reason(s) for such determination in writing. 2. BREEDER: One or more persons that together (in agency, employment, partnership, or other contractual arrangement) keep, house, or breed dogs for the purpose of selling some or all of the dogs’ puppies for a profit. 3. BREEDING FACILITY: All premises used by a single Breeder and their employees, agents, and business partners to keep, house, or breed dogs and/or their puppies. 4. DOG SALESPERSON: One or more persons that together (in agency, employment, partnership, or other arrangement) markets for sale, delivers, or sells a dog in the City of Renton for more than one thousand dollars ($1,000). Unless otherwise specifically provided herein, if more than one person is engaged together as a Dog Salesperson through the same partnership, business entity, or employer, all such persons shall be jointly and severally responsible for ensuring the partnership, business entity, or employer complies with all requirements of this Section. AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 8 5. FINANCING AGREEMENT: An agreement in which the buyer agrees to terms to pay in full or in part after delivery for a dog purchased or delivered within the City of Renton. 6. PERSON: Any person, individual, corporation, firm, association, joint venture, partnership, company, or any other entity whatsoever. 7. PUPPY MILL: A Breeding Facility that is operated by a Breeder with unhealthy or unsafe conditions, without adequate veterinary care, without adequate human interaction, or with practices in which the customers and ultimate buyers of dogs are not allowed to inspect the dogs’ veterinary records and/or living conditions. For the purposes of this Section, any Breeding Facility that is operated by a Breeder within six (6) months of selling a dog in any one of the following conditions or ways is a Puppy Mill, unless the conditions are a result of specific instructions of a licensed doctor of veterinary medicine: a. More than fifty (50) dogs with intact sexual organs that are over the age of six (6) months are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder; b. More than ten (10) dogs with intact sexual organs over the age of six (6) months are kept at the Breeding Facility in an enclosure for the majority of the day, and the Breeder does not: i. Provide space to allow each dog to turn about freely, to stand, sit, and lie down; ii. Ensure that all dogs in enclosures are able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously; AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 9 iii. Ensure the interior height of all enclosures are at least six inches (6”) higher than the head of the tallest dog in the enclosure when it is in a normal standing position; iv. Ensure all enclosures are at least three (3) times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade; or v. Provide each dog that is over the age of four (4) months with a minimum of one (1) exercise period during each day for a total of not less than one (1) hour of exercise during each day to include either leash walking or giving the dog access to an area that allows the dog free mobility for the entire exercise period, and does not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine; c. Any dogs in the Breeding Facility are not provided regular care as recommended by a licensed and independent veterinarian who has its own private practice separate from the Breeder’s business; d. The Breeder does not allow their customers who purchase dogs and those who purchase the dogs from dealers or brokers to interview the Breeder and inspect the Breeding Facility; e. The Breeder fails to provide veterinarian records of purchased dogs and their mothers prior to the buyer paying for or finalizing a Sales Contract to purchase a dog; f. Any dogs are kept in enclosures that fail to keep the dogs dry, protected from extreme temperatures and weather conditions, and/or clean; g. Any dogs are kept in conditions that are not sanitary according to applicable local health regulations; AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 10 h. Any dogs are kept in enclosures that are not well ventilated to minimize odors, drafts, ammonia levels, or to prevent moisture condensation; i. Any dogs are kept in areas that are not constructed and maintained to protect the dogs from injury; j. Feces, hair, dirt, debris, and/or food waste is not removed from enclosures in which the dogs are kept at least once per day or more often if necessary to prevent accumulation and reduce disease hazards, insects, pests, and odors; k. Any dogs are kept in the same enclosure with other dogs that are not compatible, including any dog that is vicious or has an aggressive disposition; l. Any female dogs in heat are kept in the same enclosure with a male dog for other than breeding purposes; m. Any puppies under twelve (12) weeks are kept in the same enclosure at the same time with adult dogs other than their mother or foster mother without immediate supervision; n. Any dogs are not provided with easy and convenient access to adequate amounts of clean food and water or regularly cleaned and sanitized food and water receptacles; o. Any dogs are not provided at all times with readily accessible potable water that is not frozen and is free from debris; p. Any dogs younger than twelve (12) months or older than eight (8) years are used for breeding; q. Any female dog is bred more than a maximum of six (6) litters in their lifetime; r. Any dogs are not provided with appropriate regular and frequent human interaction, including appropriate play, training, and petting. AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 11 8. SALES CONTRACT: An agreement that irrevocably binds a Person to purchase a dog for more than one‐thousand dollars ($1,000). B. Duty of Dog Salesperson: No Dog Salesperson may sell, market for sale, or deliver a dog within the City of Renton for more than one thousand dollars ($1,000) unless such person first (i) personally confirms through diligent investigation with reasonable certainty that the dog was not bred in a Puppy Mill, (ii) arranges with the Breeder to offer to give any Bona Fide Prospective Buyer an opportunity to interview the Breeder and inspect the Breeding Facility in which the dog was bred and (iii) obtains from the Breeder and provides copies thereof to the buyer complete veterinarian records of the dog and its mother. The inspection and interview required to be offered by (ii) may be conducted either in person at the Breeding Facility or through live video teleconference. C. Completion of Affidavits Affirming Dogs Not Sourced From Puppy Mill Required: Prior to the earlier of marketing, selling, or delivering each dog within the City of Renton for compensation from a buyer of more than one thousand dollars ($1,000), the Dog Salesperson shall: 1. Obtain from the dog’s Breeder an affidavit that verifies by personal knowledge that each dog was not bred in or sourced from a Puppy Mill; and 2. If the Dog Salesperson is not the Breeder, the Dog Salesperson shall personally interview the Breeder, inspect the Breeding Facilities, and complete an affidavit that verifies to the best of the Dog Salesperson’s knowledge that each dog is not sourced from a Puppy Mill. If the Dog Salesperson is an entity or partnership and different individuals have the personal knowledge necessary to complete the required affidavit, more than one affidavit may be used to AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 12 supply the required verifications. An individual employed by or partnering with the Dog Salesperson may rely upon affidavits provided to them by another employee or partner of the Dog Salesperson so long as they have personally reviewed such affidavits prior to marketing, delivering, or selling each dog and they believe in good faith that the affidavits are true and correct and that the dog was not sourced from a Puppy Mill. D. Affidavits To Be Provided to Bona Fide Prospective Buyers Prior To Purchase: A Dog Salesperson shall provide a copy of the affidavit(s) required by this Section to any Bona Fide Prospective Buyer prior to the earlier of delivery, finalizing a Sales Contract, or exchange of payment for the dog, regardless of whether the affidavit is requested by the buyer. Any contract that does not allow a buyer to opt out of purchasing a dog, without penalty or payment, after having a reasonable period of time to review the affidavit(s) shall be void and unenforceable against the buyer. E. Content of Affidavit(s): The affidavit(s) required by this Section shall be on a template that is preapproved by the City, retained by the Dog Salesperson for no less than two (2) years after the dog is sold, and include verifiable information that identifies the Breeder and Breeding Facility, and documents how the person signing the affidavit knows the Breeding Facility is not a Puppy Mill. Collectively, the information included within the required affidavits shall include, at a minimum, the following: 1. The name of the dog’s mother; 2. Name of Breeder, city and state of the Breeding Facility, and applicable state unified business identification number or business license number; AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 13 3. Dog Salesperson’s name, city and state of primary place of business, Washington state unified business identification number, and City of Renton business license number; 4. If the Breeder is required to obtain a USDA license the license number(s) for such Breeder; 5. The total number of dogs over the age of six (6) months with sexual organs intact that are kept at the Breeding Facility and/or owned, possessed, or controlled by the Breeder as of the birthday of the dog being sold/delivered; 6. If the dog was acquired by the seller through a USDA Class B Dealer/Broker, the name, location, and USDA license number for such Dealer; 7. Confirmation that the Dog Salesperson has interviewed the Breeder (if the Dog Salesperson is not the Breeder) and inspected the dog’s Breeding Facility with particular attention to each of the conditions that could cause it to be classified as a Puppy Mill and confirmed that no such conditions exist. The inspection and interview may be conducted either in person or through live video teleconference. Such interview and inspection shall have occurred within six (6) months of the day the dog is sold, marketed for sale, or delivered; and 8. Confirmation that the Breeder will allow any Bona Fide Prospective Buyer to interview the Breeder, inspect the Breeding Facilities, and obtain copies of the dog and its mother’s complete veterinary records as required by this Section. F. Exceptions: Except for as provided below, this Section does not apply to the following persons: 1. A person selling a trained service or police dog; 2. A government agency; or AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 14 3. A government operated or contracted animal control facility or shelter. G. Information Posted on Enclosures Required: Any Dog Salesperson marketing a dog that is physically located within the City for compensation from a buyer of more than one thousand dollars ($1,000) shall include on any enclosure used to display each dog for sale the following: 1. The advertised price of such dog in dollars denoted with a $ symbol; 2. Either a copy of the affidavit(s) required by this Section or a reference to availability of the affidavit upon request (e.g. “Affidavit(s) Affirming Dog Not Sourced From Puppy Mill Available Upon Request”); 3. Breeder name, city, and state; and 4. Breeder’s USDA license number, if applicable. H. Financing Agreement Enforceability: No Person may require payment for a dog sold or delivered for more than one‐thousand dollars ($1,000) within the City of Renton or take any action to enforce a Financing Agreement prior to (i) the buyer receiving the affidavit(s) required by this Section, (ii) the buyer being offered an opportunity to interview the Breeder and inspect the dog’s Breeding Facility and (iii) the buyer being provided complete veterinary records of the dog and its mother. I. Certain Agreements Prohibited: No Dog Salesperson may require a buyer or Bona Fide Prospective Buyer of a dog to: 1. Waive the requirements of this Section; or 2. Enter into a confidentiality agreement that would: a. Prevent or deter the buyer or Bona Fide Prospective Buyer from reporting information to a government agency that the buyer or Bona Fide Prospective Buyer believe in AGENDA ITEM # 8. e) Affidavit (Dog Salesperson – non‐breeder) – Page 15 good faith contains evidence that the Dog Salesperson and/or Breeder may have violated a law such government agency is responsible for enforcing; or b. Prevent or deter the buyer from providing honest public reviews of a Dog Salesperson’s services so long as such reviews do not reveal legitimately legally protected trade secrets or private personal information in which there is no legitimate public interest. J. Penalty: Any Person who violates this Section shall be guilty of a misdemeanor. Any business found to violate this Section shall be subject to having its business license revoked pursuant to the provisions of Title V of the Renton Municipal Code, regardless of whether such business is first convicted of a crime under this Section. AGENDA ITEM # 8. e)