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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, May 8, 2023 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. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL 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. 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: o Click the link or 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. • A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Affordable Housing Week - May 7 - May 13, 2023 b) Building Safety Month - May 2023 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 three 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 May 1, 2023. Council Concur b) AB - 3338 Finance Department reports that an interfund loan was approved via Resolution No. 4432 in 2021 for the purchase of new golf carts. The funds were transferred to Fund 424 in 2022, and the first year of repayments was completed in February 2023. The remaining principal balance is $181,143.24 and will be paid over the remaining four years of the amortization schedule. None; Information Only c) AB - 3347 Public Works Utility Systems Division recommends execution of an agreement with RH2 Engineering, Inc., in the amount of $220,000 for professional services performed during the construction phase of the West Hill Booster Pump Station Improvements project. Refer to Utilities Committee d) AB - 3348 Public Works Utility Systems Division recommends execution of an agreement with GeoEngineers, Inc., in the amount of $576,746 for engineering and design services for the Panther Creek at Talbot Rd S Culvert Replacement project. Refer to Utilities Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers, Water Quality Grant Agreement with the State of Washington Department of Ecology for the Burnett Ave S and Williams Ave S Water Quality Retrofit Project, Interagency Agreement with the Washington Traffic Safety Commission for the King County Distracted Driving Campaign, Utility Bill Leak Adjustment Request for Leisure Estates, Springbrook Creek Wetlands Mitigation Bank Credit Sale Agreement for Seattle Soccer, LLC dba Seattle Sounders FC b) Planning & Development Committee: Docket 18 - Group A, Planning Commission Bylaws* 8. LEGISLATION Resolutions: a) Resolution No. 4494: Accepting Planning Commission Bylaws (See Item 7.b) b) Resolution No. 4495: Authorizing Mitigation Credit Purchase & Sale Agreement (See Item 7.a) Ordinance for second and final reading: c) Ordinance No. 6111: Compost Procurement (First Reading 5/1/2023) 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) CANCELED 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 ArmondoPavoneMayorWhereas,theU.S.DepartmentofHousingandUrbanDevelopmentfHUD)definesaffordablehousingas“housingonwhichtheoccupantispayingnomorethan30percentofgrossincomeforhousingcosts,includingutilities”;andWhereas,7,702Rentonfamiliesareconsidered“housinginsecure”becausetheyarespendingmorethanhalfoftheirincomeonrentandutilities;andWhereas,allpeopleshouldhaveaccesstosafe,healthy,andaffordablehomeswithintheircommunities,whichbenefitsthepeoplewhoresideintheseproperties,theirneighbors,businesses,employers,andthecommunityasawhole;and‘14/’fiereas,theCityofRenton2023-2028BusinessPlanhasthegoaltoprovideasafe,healthy,andvibrantcommunity,andthecityachievesandfurthersthegoalsoftheBusinessPlanbyworkingwithaffordablehousingpartners;andWhereas,twosuchorganizationsareHabitatforHumanitySeattle-King&KittitasCountiesandHomesteadCommunityLandTrust,non-profitaffordablehomeownershipdevelopersprovidingaffordablehousingintheCityofRenton;andWhereas,theCityofRentonendorsesthegoals,objectives,andpurposesofAffordableHousingWeek,andrecommitstoprovidingacommunitythatthriveswithopportunitywhereallpeoplelivewithdignityinsafe,healthy,andaffordablehomes;andfr1)fiereas,formoreinformationaboutAffordableHousingWeekeducationandadvocacyevents,residentscanvisitwww.housingconsortium.org/affordable-housing-week;g’Iow,therefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimMay7throughMay13,2023tobefforéa6tefl-lousingWeek,intheCityofRenton,andIencourageallresidentstojoinmeinthisspecialobservance.InwitnesswhereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis8thdayofMay,2023.Aronne,MayorCiofRç?ton.WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govProctamationAGENDA ITEM #3. a) ArmondoPavoneMayorWfiereas,theCityofRentoniscommittedtorecognizingthatourgrowthandstrengthdependonthesafetyofourhomes,buildings,andinfrastructure,bothineverydaylifeandwhendisasterstrikes;and‘T4)fiereas,ourconfidenceintheresilienceofthesebuildingsisachievedthroughthedevotionofvigilantguardians—building,safetyandfirepreventionofficials,architects,engineers,builders,tradespeople,designprofessionals,laborers,plumbers,andothersintheconstructionindustry—whoworkyear-roundtoensurethesafeconstructionofbuildings;andWfiereas,theseguardiansarededicatedmembersoftheInternationalCodeCouncil,anonprofitthatbringstogetherlocal,state,territorial,tribal,andfederalofficialswhoareexpertsinthebuiltenvironmenttocreateandimplementthehighestqualitycodestoprotectusinthebuildingswherewelive,learn,workandplay;andWfiereas,thesemodernbuildingcodesincludesafeguardstoprotectthepublicfromhazardssuchashurricanes,snowstorms,tornados,wildlandfires,floods,andearthquakes;andWfiereas,“ItStartsWithYou,”thethemeofBuildingSafetyMonth,encouragesusalltoraiseawarenessaboutbuildingsafetyonapersonal,local,andglobalscale;andWfiereas,weacknowledgetheessentialserviceprovidedtoallofusbylocalandstatebuildingdepartments,firepreventionbureaus,andfederalagenciesinprotectinglivesandproperty;Wow,tfierefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimMay2023tobeBui(éingSafetyS7llontfiintheCityofRenton,andIencourageallresidentstojoinmeinthisspecialobservance.ProctamationInwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis8thdayofMay2023.MayorWashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. b) Mayor’s Office Memorandum DATE: May 8, 2023 TO: Valerie O’Halloran, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • A Pop-up lunch, providing lunch, hygiene kits, socks, and pet food, is scheduled for Wednesday, May 10, from 12 to 1:30 pm, 300 Rainier Avenue North sponsored by the Emergency Feeding Program/SOS (will be held regularly on the second and fourth Wednesday through December 2023). • In partnership with several agencies serving the Renton community, the Renton Library, 100 Mill Avenue, will be hosting Resource Days on Friday, May 12 from 11 am to 2 pm. This event will offer help in obtaining a phone; getting access to free meals, clothing, hygiene kits, haircuts, and identification; and connecting with community agencies.\ • Bring your scrap metal, large appliances, and Styrofoam to the Recycling Event at Renton Technical College Parking Lot (NE 6th Place & Monroe Ave. NE), on Saturday, May 13, 10 am to 2 pm. Non-perishable food items will also be collected for distribution to Renton-area food banks. For more information, go to rentonwa.gov/recycleevents • Information about preventative street maintenance, traffic impact projects, road closures, and I-405 work 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, May 8 through Friday, May 12, 24 hours a day. Intermittent lane closures on Rainier Ave S between S 2nd St and Airport Way for construction work. Questions may be directed to Joe Nerlfi, 425-757-9657.  Monday, May 8 through Friday, May 12, 8:00 am to 3:30 pm. Intermittent lane closure on S Grady Way at Williams Ave S for construction work. Questions may be directed to Tom Main, 206-999-1833. AGENDA ITEM #4. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 2 May 8, 2023  Monday, May 8 through Friday, May 12, 8:00 am to 3:30 pm. Intermittent lane closure on NE Sunset Blvd between Edmonds Ave NE and Kirkland Ave NE for construction work. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, May 8 through Friday, May 12, 8:30 am to 3:00 pm. Intermittent lane closure on Lincoln Ave NE at the 4100 block for utility work. Questions may be directed to Kip Braaten, 206-503-1746.  Monday, May 8 through Friday, May 12, 8:30 am to 3:00 pm. Intermittent lane closure on NE 12th Street and Jefferson Avenue NE for utility installation. Questions may be directed to Brad Stocco at 425-282-2373.  Monday, May 8 through Friday, May 12, 8:30 am to 3:00 pm. Intermittent lane closure on Williams Ave S at S Grady Way for construction work. Questions may be directed to Tom Main, 206-999-1833.  Wednesday, May 10, 7:00 am to 4:00 pm. Asphalt repairs at 324 Lind Ave NW with minimal road impacts expected.  Thursday, May 11, 7:00 am to 4:00 pm. Asphalt repairs at 951 Monster Road SW with minimal road impacts expected.  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) May 1, 2023 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, May 1, 2023 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: Valerie O'Halloran, Council President Ed Prince, Council Position No. 5 James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Ryan McIrvin, Council Position No. 4 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Kristi Rowland, Deputy Chief Administrative Officer Commander Dan Figaro, Police Department Attended Remotely: Judith Subia, Council Liaison Chip Vincent, Economic Development Administrator Ellen Bradley-Mak, Human Resources / Risk Management Administrator Kari Roller, Finance Administrator Kelly Beymer, Parks & Recreation Administrator Martin Pastucha, Public Works Administrator Ron Straka, Public Works Utility Systems Director AGENDA ITEM #6. a) May 1, 2023 REGULAR COUNCIL MEETING MINUTES 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 2023 and beyond. Items noted were: • Pop-up lunches, providing lunch, hygiene kits, socks, and pet food, are scheduled for Wednesday, May 3, 12 to 2pm, 1150 Oakesdale Ave S; Friday, May 5, 10am to 2pm, 126 S Logan Ave North; and Wednesday, May 10, 12 to 1:30pm, 300 Rainier Ave N. • Habitat for Humanity is organizing a volunteer day on Saturday, May 6 from 8:45 am to 4 pm at the La Fortuna project located at 17286 127th Ave SE. The event will be held at Habitat’s in Renton and runs. Volunteers will landscape 12 new affordable homes at the project. This event is part of Affordable Housing Week and Habitat's Women of Impact Day, part of Women Build, an annual campaign to celebrate the role that women play toward Habitat for Humanity's mission to build strength, stability, and self-reliance through shelter. For more information, visit their website at www.housingconsortium.org. • The Renton Police Department is recruiting for Community Police Academies; each academy can accommodate up to 30 participants. - Senior Public Safety Academy, May 16 through June 6, 9 to 10:30am, Don Persson Renton Senior Activity Center. To register go to rentonwa.gov/register (Course #14995) or call 425-430-6634. - One-Day Community Police Academy, June 15, 8:30am to 5pm, City Hall Council Chambers, register at https://rentonwa.gov/onedaycpa - Youth Academy, June 26 through June 28, 9am to 3pm, register at rentonwa.gov/PDYouthAcademy • As warm weather returns and you visit the city’s parks and trails, please remember the following park/trail rules to help make outdoor experiences enjoyable for everyone: - Dogs are not allowed at Gene Coulon Memorial Beach Park and Kennydale Beach Park. Dogs are allowed at all other city parks and trails on 6-foot leashes. - Cedar River Dog Park is an off-leash area located next to the Cedar River Trail at 1500 Houser Way. - Obey bicycle dismount zones and 10mph speed limits posted along the Cedar River Trail. - Report unwanted, suspicious or dangerous behavior to Police Non-emergency at (425) 235-2121 or 911 in case of an emergency. Other Park Rules and Regulations (RMC 2-9-8), Share the Trail brochure, and program information are located at rentonwa.gov/parks. • A new Park Ambassador program will be starting at Coulon Park and Trail Rangers will continue to serve as “Goodwill Ambassadors” with trail education and reporting trail activities. Find out more at rentonwa.gov/volunteer. And comments and questions are always welcome—use Renton Responds or parksandrec@rentonwa.gov • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AGENDA ITEM #6. a) May 1, 2023 REGULAR COUNCIL MEETING MINUTES AUDIENCE COMMENTS • Ricardo Garmendia, Renton, urged Council to provide streetlights and additional police presence in the vicinity of Sierra Heights Park due to a marked increase in criminal activity in the area. He also remarked that his personal property, including a vehicle, had recently been stolen from that neighborhood. • Marvin Rosete, Renton, urged Council to adopt ordinances banning the consumption of drugs in public spaces because the state legislature failed to adopt public safety protections during its latest session. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of April 24, 2023. Council Concur. b) AB - 3344 Community & Economic Development Department recommended adoption of a resolution authorizing execution of a mitigation credit purchase agreement and acknowledgment with Seattle Soccer, LLC dba Seattle Sounders FC; and further authorizing the sale of 0.1875 credits from the Springbrook Creek Wetland Mitigation Bank for the sum of $247,851.56, for the proposed training facility located at 1901 Oakesdale Ave SW. Refer to Finance Committee. c) AB - 3322 Executive Services Department recommended approval of a resolution authorizing Renton to commence formal and informal renewal proceedings for a cable franchise agreement with Comcast Cable Holdings, LLC. Council Concur. d) AB - 3343 Finance Department requested approval to adjust the utility billing account for 201 Union Ave NE, a multi-family mobile home park, in the total amount of $13,313.36 for excess water usage caused by a qualified water line leak in accordance with Renton Municipal Code 8-4-46 and 8-5-23. Refer to Finance Committee. e) AB - 3340 Public Works Administration recommended approval of a resolution authorizing execution of the Re+ Pledge, a new King County waste reduction program. Refer to Utilities Committee. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Transportation Committee Chair McIrvin presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute Supplemental Agreement No. 17 to CAG-17-082 with Perteet in the amount of $538,957 for Construction Management Services on the Park Avenue North Extension Project (TIP No. 20). MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #6. a) May 1, 2023 REGULAR COUNCIL MEETING MINUTES b) Transportation Committee Chair McIrvin presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute a contract with DOWL, LLC in an amount not to exceed $209,368, for professional services to design the security improvements necessary surrounding the Renton Municipal Airport. MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation to adopt a compost procurement ordinance regarding the purchasing, use, and reporting of compost. The Committee further recommended that this ordinance be presented for first reading. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolutions: a) Resolution No. 4492: A resolution was read amending the 2023/2024 City of Renton Fee Schedule. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. b) Resolution No. 4493: A resolution was read concerning the commencement of formal renewal proceedings under the Federal Cable Communications Policy Act of 1984, as amended. MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinance for first reading: c) Ordinance No. 6111: An ordinance was read amending Title VIII of the Renton Municipal Code by adding Chapter 9, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY ALBERSON, SECONDED BY RIVERA, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT MEETING. CARRIED. Ordinance for second and final reading: d) Ordinance No. 6110: An ordinance was read amending the City of Renton Fiscal Years 2023/2024 Biennial Budget as adopted by Ordinance No. 6088, by increasing the budgeted revenues and expenditures by $82,819,219 and $205,500,724 respectively, amending the 2023 Salary Table, providing for severability, and establishing an effective date. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. AGENDA ITEM #6. a) May 1, 2023 REGULAR COUNCIL MEETING MINUTES NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PRINCE, SECONDED BY O'HALLORAN, COUNCIL ADJOURN. CARRIED. TIME: 7:21 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 01 May 2023 AGENDA ITEM #6. a) Council Committee Meeting Calendar May 1, 2023 May 8, 2023 Monday 4:45 PM Finance Committee, Chair Pérez Location: Council Conference Room/Videoconference 1. Water Quality Grant Agreement with the State of Washington Department of Ecology for the Burnett Ave S and Williams Ave S Water Quality Retrofit Project 2. Interagency Agreement with the Washington Traffic Safety Commission for the King County Distracted Driving Campaign 3. Utility Bill Leak Adjustment Request for Leisure Estates 4. Springbrook Creek Wetlands Mitigation Bank Credit Sale Agreement for Seattle Soccer, LLC dba Seattle Sounders FC 5. Vouchers 6. Emerging Issues in Finance 6:00 PM Planning & Development Committee, Chair Prince Location: Council Conference Room/Videoconference 1. Docket 18, Group A  D-226: Home Occupation 2. Planning Commission Bylaws 3. Emerging Issues in CED CANCELED Committee of the Whole, Chair O’Halloran 7:00 PM Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #6. a) AB - 3338 City Council Regular Meeting - 08 May 2023 SUBJECT/TITLE: Interfund Loan Status Update RECOMMENDED ACTION: None; Information Only DEPARTMENT: Finance Department STAFF CONTACT: Nate Malone, Budget and Accounting Manager EXT.: 6936 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: Council approved an interfund loan between fund 424 Golf Course Capital Improvement and 000 General Fund in 2021 through resolution 4432 for the purchase of new golf carts. The funds were transferred to fund 424 in 2022 when the golf carts were received. Fund 424 received funds and began repayment in March 2022. Payments made through February 2023 completed the first year of payments and remaining principal balance is $181,143.24 to be paid over the remaining four years per the amortization schedule. EXHIBITS: N/A STAFF RECOMMENDATION: None - Information Only AGENDA ITEM #6. b) AB - 3347 City Council Regular Meeting - 08 May 2023 SUBJECT/TITLE: Agreement with RH2 Engineering, Inc. for Services During Construction of the West Hill Booster Pump Station Improvements Project, CAG-23-130 RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Manager EXT.: 7210 FISCAL IMPACT SUMMARY: Funding for this agreement in the amount of $220,000 is available from the approved 2023-2024 Water Utility Capital Improvement Program budget for the Water Pump Stations Rehabilitation Project (425.455530). There is sufficient funding in the budget to cover this agreement. The 2023-2024 total project budget with approved budget adjustments and carryforward is $3,249,705. SUMMARY OF ACTION: On April 17, 2023, City Council awarded the construction contract CAG-23-005 in the amount of $2,669,704.80 to Gary Harper Construction for the West Hill Booster Station Improvements project. A consultant contract with RH2 Engineering, Inc. is needed for professional engineering services during the construction of the project. The need for this contract was identified and included in the information presented to Council and discussed with the Utilities Committee at their April 17, 2023, committee meeting fo r the award of the construction contract. Under this contract, RH2 Engineering, Inc. will provide professional services during the construction of the project including but not limited to: • Review contractor’s submittals of shop drawings, materials, equipment, and change order requests. • Provide part time on-site construction inspection in support of the inspection of the work by city staff. • Provide procedures for start-up and testing of the facility and observation of the functional testing. • Develop control software and programming of the water telemetry system. • Provide final project report to the Department of Health and record drawings. The Water Utility selects RH2 Engineering, Inc. from MRSC Consultant Roster in accordance with city policy 250-02 to provide professional services during construction of the project. RH2 Engineering, Inc. has familiarity, extensive knowledge and experience in the design and construction of several of the city’s pump station improvements projects. They have also performed t he design of the project under a separate contract, CAG-21-193. EXHIBITS: A. Project Location Map B. Agreement STAFF RECOMMENDATION: AGENDA ITEM #6. c) Authorize the Mayor and City Clerk to execute the agreement with RH2 Engineering, Inc. in the amount of $220,000 for professional services during construction of the West Hill Booster Pump Station Improvements Project. AGENDA ITEM #6. c) West Hill Booster Pump Station AGENDA ITEM #6. c) AGREEMENT FOR SERVICE DURING CONSTRUCTION OF WEST HILL BOOSTER PUMP STATION IMPROVEMENTS PROJECT WTR-27-04184 THIS AGREEMENT, dated for reference purposes only as ____________, is by and between the City of Renton (the “City”), a Washington municipal corporation, and RH2 Engineerig, Inc. (“Consultant”), a Washington Corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide professional services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit C or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit B. All Work shall be performed by no later than January 31, 2025. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $220,000, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit C. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit C. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the CAG-23-130 AGENDA ITEM #6. c) PAGE 2 OF 10 name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or w ithout cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and AGENDA ITEM #6. c) PAGE 3 OF 10 workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: AGENDA ITEM #6. c) PAGE 4 OF 10 A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. AGENDA ITEM #6. c) PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. AGENDA ITEM #6. c) PAGE 6 OF 10 D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Ken Srilofung 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7247 CONSULTANT Chris Roberts 22722 29th Dr., Suite 210 Bothell, WA. 98021 Phone: (425) 951-5358 AGENDA ITEM #6. c) PAGE 7 OF 10 ksrilofung@rentonwa.gov Fax: (425) 430-7241 croberts@rh2.com Fax: (425) 951-5401 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. AGENDA ITEM #6. c) PAGE 8 OF 10 D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Ken Srilofung. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. AGENDA ITEM #6. c) PAGE 9 OF 10 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #6. c) PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Tony V. Pardi President _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Maloney City Attorney Contract Template Updated 5/21/2021 AGENDA ITEM #6. c) 1 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX EXHIBIT A Scope of Work City of Renton West Hill Booster Pump Station Improvements Services During Construction April 2023 Background RH2 Engineering, Inc., (RH2) was retained by the City of Renton (City) to provide professional services for the preliminary design, design, permitting, and bidding of the West Hill Booster Pump Station (BPS) Improvements project. Contractor bids were recently obtained, and the City intends to award the contract to the lowest bid. As such, the City has requested that RH2 provide a proposal for services during construction to assist with construction contract administration. The following Scope of Work details the approach RH2 will use to assist the City during the construction of the West Hill BPS Improvements. Project Assumptions The following is a list of assumptions used in preparing this Scope of Work: • The estimate of professional services for the construction phase of the project assumes that a generally qualified and competent contractor is retained through the bidding process. If this level of support is not sufficient due to an extended construction schedule, unanticipated construction issues, or the quality of the contractor or subcontractor work, additional support may be necessary from RH2. If warranted, the City and RH2 will mutually determine the additional support required and an amendment will be prepared. • RH2 is not responsible for site safety, for determining means and methods, or for directing the contractor in their work. • RH2 will perform the services described up to the amounts included in the attached Fee Estimate. If additional effort is needed, that extra work will be mutually determined by the City and RH2. • The Construction Contract for this project has identified a 400-working day timeline, including a procurement lead time for the diesel generator and other construction equipment and materials, from the contractor's commencement date for completion. The contractor has indicated that it will accomplish most of the submittal process and procure all long lead items prior to commencing with physical on-site construction, expected during the second half of 2024. As such, RH2’s services will coincide with the contractor’s schedule and will occur between mid-2023 and early 2025. AGENDA ITEM #6. c) City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 2 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX Task 1 – West Hill BPS Improvements Services During Construction Task 1.1 – Pre-Construction Conference Objective: Prepare for and attend a pre-construction conference, which will include the contractor, City, Fire Department, Airport, and other utilities. Prepare involved agencies for construction. Approach: 1.1.1 Prepare Pre-Construction Agenda and Meeting Notice: Email agenda and notices to the contractor, City, Fire Department, Airport, and utilities. 1.1.2 Prepare Construction Documents: Prepare and deliver two (2) sets of 24-inch by 36-inch color plans, five (5) sets of 11-inch by 17-inch color plans, and five (5) sets of specifications to the contractor, one (1) set of 24-inch by 36-inch color plans to the City, and four (4) sets of 11-inch by 17-inch color plans and four (4) sets of specifications for RH2 and City staff. 1.1.3 Attend Pre-Construction Conference: Attend the pre-construction conference and introduce the project team members from the contractor, City, RH2, Fire Department, Airport, and utilities. Important sections of the construction contract and contract requirements will be discussed to confirm they have been brought to the contractor’s attention. Any documents required of the contractor will be submitted at the conference for review and comments. Prepare and distribute meeting minutes. Provided by City: • Conference room and attendance at the pre-construction conference. RH2 Deliverables: • Pre-construction conference agenda and meeting notice emailed to attendee list. • Hard copies of construction documents to the contractor and City as outlined in subtask 1.1.2. • Attendance at pre-construction conference and meeting minutes in PDF format. Task 1.2 – Document Review and Construction Phase Coordination Objective: Review documentation associated with construction, including shop drawings, submittals, requests for information (RFIs), and change orders. Provide coordination with the City on costs, construction phasing, and constructability issues. Approach: 1.2.1 Review Shop Drawings and Submittals: Review shop drawings and submittals of those items requested in the Technical Specifications. Provide a written response to the contractor and the City accepting or rejecting each shop drawing and submittal reviewed. 1.2.2 Review RFIs and Change Order Proposals: Review contractor RFIs and change order proposals and provide written responses and clarifications to the City including plan modifications when necessary. AGENDA ITEM #6. c) City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 3 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX 1.2.3 Provide Construction Coordination: Coordinate with the City on construction costs, scheduling, and constructability issues. Assumptions: • Services defined in this Task are variable in nature and depend in part on the contractor and competent material suppliers. RH2’s estimated level of effort is based upon an experienced and reasonable contractor providing complete documentation in accordance with the project requirements. RH2 Deliverables: • Written responses for shop drawings and submittals, RFIs, and change orders in PDF format. Task 1.3 – On-Site Construction Observation Objective: Observe construction activities onsite and attend regularly occurring construction progress meetings to monitor the quality and compliance of the work with the construction contract plans and specifications to the extent possible b y the level of observation. Alert the City where deficiencies in the quality of the construction and non-compliance with the construction contract documents are observed. Review contractor pay requests and prepare progress reports and contract time remaining statements, including weekly statements of working days. Approach: 1.3.1 Attend Construction Progress Meetings: Provide a minimum of one (1) RH2 representative every two (2) weeks at construction progress meetings. Construction progress meetings are estimated to be one (1) hour in length. Prepare meeting minutes for distribution to the attendees. 1.3.2 Provide Construction Observation and Records: Provide part-time construction observation services, including special inspections, as necessary, by a testing firm retained by RH2. The intent of the on-site observation is to observe the quality and compliance of the work with the construction contract plans and specifications. The Fee Estimate reflects a total of five (5) hours per week of on-site observations by an RH2 representative for the duration of the construction period (assumed to be forty (40) weeks). Notify the contractor and the City of any work that has been observed to not have been completed in accordance wit h the plans and specifications and discuss rectification. Review pay requests from the contractor and forward approved pay requests to the City for processing. Prepare progress reports, including contract time remaining statements and weekly statements of working days. Prepare construction observation reports for each time an RH2 representative is onsite. Provided by City: • Attendance at the construction progress meetings. • Processing of pay requests. AGENDA ITEM #6. c) City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 4 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX RH2 Deliverables: • Attendance at and meeting minutes for construction progress meetings in PDF format. • Part-time on-site construction observation and special inspections. • Written responses to pay requests in PDF format. • Progress reports and contract time remaining statements, including weekly statements of working days, in PDF format. • Construction observation reports in PDF format. Task 1.4 – Startup and Testing Observation Objective: Observe the testing of systems, including the back-up generator, motor control center (MCC), variable frequency drives, automatic control system, and pumps, and observe the overall startup of the West Hill BPS. Prepare the project acceptance letter to the City and the Construction Completion Report (CCR) to the Washington State Department of Health (DOH). Approach: 1.4.1 Review Testing Procedures and Coordination: Coordinate with the contractor, the City, and the qualified manufacturer’s representative for the scheduled testing and startup activities. This will include the review and supplementation of the testing protocols developed by the contractor and manufacturer’s representative, and confirmation of the tests and appropriate corrections. 1.4.2 Attend Control System Factory Testing: Attend factory testing at the control system integrator’s shop to confirm that the control systems are functional prior to startup. Notify the contractor and the City of any work that has not been completed and discuss rectification. 1.4.3 Observe Startup and Testing: Document the pertinent activities and coordinate with the contractor during startup to ensure that systems comply with the plans and specifications. Notify the contractor and the City of any work that has not been completed and discuss rectification. 1.4.4 Provide Project Closeout: Perform a final project walkthrough in conjunction with City staff and prepare a letter of recommendation for project acceptance. Complete the DOH CCR for the portion observed by RH2 staff Provided by City: • Final completion and closeout of the contract with the general contractor. RH2 Deliverables: • Attendance at control system factory testing and startup. • Attendance at final walkthrough and letter of recommendation for project acceptance in PDF format. • DOH Construction Completion Report in PDF format. AGENDA ITEM #6. c) City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 5 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX Task 1.5 – Project Report and Record Drawings Objective: Prepare a project report for DOH approval and coordinate with the contractor and City to develop a set of record drawings. Approach: 1.5.1 Prepare a Project Report: Develop a project report to meet DOH Water System Design Manual and Washington Administrative Code (WAC) requirements. Document the project background and objectives, BPS sizing, and BPS design criteria. Submit the draft Project Report detailing the analysis, results, and recommendations to the City for review. Prepare DOH Project Approval Form, letter of introduction, and Project Report for submittal to DOH on behalf of the City. 1.5.2 Coordinate with Contractor and City: Coordinate with the contractor and City in obtaining field records. Review the contractor-provided Operations and Maintenance (O&M) Manuals. 1.5.3 Prepare Record Drawings: Provide record drawings representative of the as-constructed project. Record drawings will be completed based upon contractor, RH2, and City inspector red-lined markups to conformed drawings. Record drawings will be completed per City Standards. Provide electronic copies of record drawings to the City. Provided by City: • Review and comment on the draft Project Report and coordinate w ith DOH, as needed for Project Approval. RH2 Deliverables: • DOH Project Approval Form, letter of introduction, and Project Report in PDF format. • Written responses to contractor-provided O&M Manuals in PDF format. • Construction record drawings in AutoCAD DWG and PDF formats. Task 2 – Project Management Objective: Manage RH2’s project team and maintain frequent client communications. Provide monthly invoices and budget status summaries. Approach: Provide Project Oversight: Provide direction, coordination, and oversight to the RH2 project team. Retain Information: Document and retain information generated during the execution of the project. Prepare Monthly Invoices: Prepare monthly invoices and budget status summaries, including a summary of tasks completed during the invoice period and a budget spending curve . AGENDA ITEM #6. c) City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 6 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX RH2 Deliverables: • Monthly budget status summaries and invoices in PDF format. Task 3 – Control Software Development, Startup, and Testing Objective: Provide control software development services for the proposed Operator Interface (OI) and Programmable Logic Controller (PLC) equipment at the West Hill BPS. Update the City’s Human Machine Interface (HMI) computer software. Attend field testing, startup, and commissioning services. Approach: Develop SCADA Control Strategy: Develop a control strategy that will be used to develop the PLC and Supervisory Control and Data Acquisition (SCADA) programming. Develop PLC Software: Provide PLC software development, as required, for monitoring and controlling the equipment at the BPS. Develop OI Software: Provide OI software development for the BPS. Develop HMI Software: Provide HMI software updates at the City’s SCADA computer system located at the City shops. Attend Control Panel Factory Testing: Attend control panel and MCC factory testing at the control system integrator’s panel shop. Witness hardware testing of the control panels by the control system integrator. Load PLC and OI software onto the proposed PLC and OI and test software functionality. Attend Field Testing, Startup, and Commissioning: Attend field tests for PLC, OI, and communications equipment for end-to-end data transmission integrity and accuracy. Attend field tests for OI screens for connectivity, detail, and accuracy of information displayed. Attend field tests for SCADA alarm, navigation, and intrusion security configurations and functions. Attend startup and commissioning. Develop associated reporting. Develop SCADA System O&M Material: Provide SCADA system O&M manuals for the PLC, OI, and updated HMI software. Provide SCADA System Training: Provide up to two (2) 4-hour sessions of on-site training on manual, programming, communications, and software operation aspects of the system utilizing the O&M manual as a training aid. Assumptions: • Software development, data points, and graphical displays will be defined and approved by RH2 and the City. • Pump control will be defined and approved by RH2 and the City. • RH2’s Fee Estimate (Exhibit B) for Task 3 assumes a certain level of cooperation and timeliness from the contractor and any third parties required for testing. If additional hours are needed AGENDA ITEM #6. c) City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 7 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX to accomplish Task 3 due to events beyond RH2’s control, RH2 will notify the City in advance of such additional hours needed, and a contract modification shall be mutually negotiated. • RH2 will provide eight (8) hours of training to City staff. If the City requires assistance above and beyond the fee amount associated for subtask 3.8, the City and RH2 will mutually agree upon an additional fee amount for continued training. RH2 Deliverables: • SCADA Control strategy developed during subtask 3.1. • PLC software and OI screen designs developed in subtasks 3.2 and 3.3. • HMI computer screen updates developed in subtask 3.4. • Attendance at control panel and factory testing. • Final startup and commissioning reports completed during subtask 3.6. • One (1) electronic copy of PLC, OI, and HMI software. • On-site SCADA system training. • One (1) electronic copy of the following items: o Project spreadsheet file that includes information about the software configuration, addressing, data point names, alarms, control loops, and descriptions. o O&M material for SCADA system software. AGENDA ITEM #6. c) 3/24/2023 8:59:00 AM J:\Data\REN\S40\2023 West Hill Booster Pump Station Improvements - SDC\PSA_EXH B_Schedule_West Hill BPS Improvements_SDC.docx Exhibit B: Time Schedule of Completion City of Renton West Hill Booster Pump Station Improvements Services During Construction ANTICIPATED NOTICE TO PROCEED DATE: April 1, 2023 Task Anticipated Completion Task 1 – West Hill BPS Services During Construction January 31, 2025 Task 2 – Project Management January 31, 2025 Task 3 – Control Software Development, Startup, and Testing January 31, 2025 ANTICIPATED CONTRACT COMPLETION DATE: January 31, 2025 AGENDA ITEM #6. c) Subconsultant: RH2 ENGINEERING, INC Overhead Multiplier Fee Multiplier 195.10%12.00% Professional I $ 48.71 $ 95.04 $ 17.25 $ 161.00 Professional II $ 53.86 $ 105.07 $ 19.07 $ 178.00 Professional III $ 59.91 $ 116.88 $ 21.21 $ 198.00 Professional IV $ 65.66 $ 128.09 $ 23.25 $ 217.00 Professional V $ 70.50 $ 137.54 $ 24.96 $ 233.00 Professional VI $ 74.73 $ 145.80 $ 26.46 $ 247.00 Professional VII $ 80.18 $ 156.43 $ 28.39 $ 265.00 Professional VIII $ 84.11 $ 164.10 $ 29.79 $ 278.00 Professional IX $ 84.11 $ 164.10 $ 29.79 $ 278.00 Technician I $ 38.12 $ 74.38 $ 13.50 $ 126.00 Technician II $ 41.45 $ 80.87 $ 14.68 $ 137.00 Technician III $ 46.59 $ 90.91 $ 16.50 $ 154.00 Technician IV $ 51.13 $ 99.76 $ 18.11 $ 169.00 Technician V $ 55.67 $ 108.61 $ 19.71 $ 184.00 Technician VI $ 61.42 $ 119.83 $ 21.75 $ 203.00 Technician VII $ 66.56 $ 129.87 $ 23.57 $ 220.00 Technician VIII $ 69.89 $ 136.36 $ 24.75 $ 231.00 Administrative I $ 25.42 $ 49.58 $ 9.00 $ 84.00 Administrative II $ 29.65 $ 57.85 $ 10.50 $ 98.00 Administrative III $ 35.40 $ 69.06 $ 12.54 $ 117.00 Administrative IV $ 41.45 $ 80.87 $ 14.68 $ 137.00 Administrative V $ 47.80 $ 93.27 $ 16.93 $ 158.00 In-House Copies B/W - 8.5x11 $ 0.09 In-House Copies B/W - 8.5x14 $ 0.14 In-House Copies B/W - 11x17 $ 0.20 In-House Copies Color - 8.5x11 $ 0.90 In-House Copies Color - 8.5x14 $ 1.20 In-House Copies Color - 11x17 $ 2.00 CAD Plots Large $ 25.00 CAD Plots Full $ 10.00 CAD Plots Half $ 2.50 CAD/GIS System Per Hour $ 27.50 Mileage Current IRS Rate Subconsultants will be billed at cost plus 15% Outside Services At Cost Outside direct costs for permit fees,reports,maps,data,reprographics,couriers,postage,and non- mileage related travel expenses that are necessary for the execution of the project and are not specifically identified elsewhere in the contract will be billed at cost. Exhibit C-1 Consultant Fee Determination - Summary Sheet (Negotiated Hourly Rates of Pay) Fee Schedule Staff Classification Negotiated Rate Per Hour Negotiated Hourly Rate Rates listed are adjusted annually. AGENDA ITEM #6. c) August 16, 2021 RH2 Engineering, Inc. 22722 29th Drive SE, Suite 210 Bothell, WA 98021 Subject: Acceptance FYE 2020 ICR Audit Office Review Dear Myra Sachs: 20 Indirect Cost Rate (ICR) of 195.10% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:mya AGENDA ITEM #6. c) EXHIBIT C-2 Fee Estimate City of Renton West Hill Booster Pump Station Improvements Services During Construction Apr-23 Description Principal Project Manager Project Manager Project Engineer Electrical Project Engineer Structural Project Engineer Civil Staff Engineer Electrical Staff Engineer Civil Staff Engineer Structural Geotechnical Senior Control Systems Engineer Senior Control Systems Engineer Project Accounting Administrative Support Total Hours Total Labor Sub Cost Sub Cost Total Subconsultant Total Expense Total Cost Task 1 - West Hill BPS Improvements Services During Construction Task 1.1 Pre-Construction Conference -10 10 ---2 2 -----4 28 6,430$ -$ -$ -$ 1,483$ 7,913$ 1.1.1 Prepare Agenda and Meeting Notice -4 4 --------2 10 2,364$ -$ -$ -$ 2,364$ 1.1.2 Prepare Construction Documents ------2 2 ----2 6 994$ -$ 1,450$ 2,444$ 1.1.3 Attend Pre-Construction Conference -6 6 ----------12 3,072$ -$ 33$ 3,105$ Task 1.2 Document Review and Construction Phase Coordination -20 28 32 16 -28 20 16 8 ---6 174 37,664$ -$ -$ -$ 325$ 37,989$ 1.2.1 Review Shop Drawings and Submittals -8 8 12 8 -24 16 12 4 --4 96 19,312$ -$ 297$ 19,609$ 1.2.2 Review RFIs and Change Orders -8 16 16 8 -4 4 4 4 --2 66 15,316$ -$ 28$ 15,344$ 1.2.3 Provide Construction Coordination -4 4 4 ---------12 3,036$ -$ -$ 3,036$ Task 1.3 On-Site Construction Observation -28 54 54 --60 60 20 4 ---8 288 60,032$ 5,000$ -$ 5,750$ 2,214$ 67,996$ 1.3.1 Attend Construction Progress Meetings -20 30 30 --------8 88 21,384$ -$ 655$ 22,039$ 1.3.2 Provide Construction Observation and Records -8 24 24 --60 60 20 4 ---200 38,648$ 5,000$ 5,750$ 1,559$ 45,957$ Task 1.4 Startup and Testing Observation -18 34 24 --32 ------2 110 24,564$ -$ -$ -$ 436$ 25,000$ 1.4.1 Review Testing Procedures and Coordination -4 6 6 ---------16 4,024$ -$ -$ 4,024$ 1.4.2 Attend Control System Factory Testing -2 -4 --12 ------18 3,450$ -$ 60$ 3,510$ 1.4.3 Observe Startup and Testing -10 20 10 --20 ------60 13,280$ -$ 199$ 13,479$ 1.4.4 Provide Project Closeout -2 8 4 --------2 16 3,810$ -$ 177$ 3,987$ Task 1.5 Project Report and Record Drawings 2 -8 6 2 20 16 12 8 ----4 78 15,772$ -$ -$ -$ 367$ 16,139$ 1.5.1 Prepare Project Report 2 -4 2 -20 4 -4 ---4 40 8,618$ -$ 285$ 8,903$ 1.5.2 Coordinate with Contractor and City --2 2 --4 4 -----12 2,344$ -$ 28$ 2,372$ 1.5.3 Prepare Record Drawings --2 2 2 -8 8 4 ----26 4,810$ -$ 55$ 4,865$ Task 2.0 Project Management -4 32 ---------6 14 56 12,124$ -$ -$ -$ -$ 12,124$ 2.1 Provide Project Oversight -4 20 ----------24 6,000$ -$ -$ 6,000$ 2.2 Retain Information --2 ---------8 10 1,758$ -$ -$ 1,758$ 2.3 Prepare Monthly Invoices --10 ---------6 6 22 4,366$ -$ -$ 4,366$ Task 3.0 Control Software Development, Startup, and Testing -12 --------42 100 --154 37,610$ -$ -$ -$ 230$ 37,840$ 3.1 Develop SCADA Control Strategy -4 --------2 4 -10 2,522$ -$ 36$ 2,558$ 3.2 Develop PLC Software -----------30 -30 6,990$ -$ -$ 6,990$ 3.3 Develop OI Software -----------16 -16 3,728$ -$ -$ 3,728$ 3.4 Develop HMI Software ----------24 --24 6,360$ -$ -$ 6,360$ 3.5 Attend Control Panel Factory Testing -----------12 -12 2,796$ -$ 33$ 2,829$ 3.6 Attend Field Testing, Startup, and Commissioning -8 --------16 24 -48 11,952$ -$ 98$ 12,050$ 3.7 Update SCADA System O&M Material -----------6 -6 1,398$ -$ 30$ 1,428$ 3.8 Provide SCADA System Training -----------8 -8 1,864$ -$ 33$ 1,897$ 2024 Rate Adjustment Reserve ----------------$ -$ -$ -$ 15,000$ 15,000$ PROJECT TOTAL 2 92 166 116 18 20 138 94 44 12 42 100 6 38 888 194,196$ 5,000$ -$ 5,750$ 20,054$ 220,000$ Z:\Projects\Data\REN\23-0075\00 Contract\PSA_EXH C-2_FEE_West Hill BPS Improvements_SDC_v2.xlsx 4/18/2023 9:06 AM AGENDA ITEM #6. c) AB - 3348 City Council Regular Meeting - 08 May 2023 SUBJECT/TITLE: Agreement with GeoEngineers, Inc. for the Panther Creek at Talbot Road S Culvert Replacement Project (CAG-23-143) RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Jared McDonald, Surface Water Engineer III EXT.: 7293 FISCAL IMPACT SUMMARY: The total cost of the Agreement with GeoEngineers, Inc. for phase 1 of design is $576,746. The total budget for the project that will fund phase 1 of this agreement is $698,650, The project is partially funded by a $250,000 Flood Reduction grant and a $199,696 Subregional Opportunity Fund grant from the King County Flood Control District. There is sufficient funding in the budget to cover the agreement cost. SUMMARY OF ACTION: Talbot Road S is a major arterial roadway that serves as an access point to Valley Medical Center, as an access route to SW 43rd St for residential areas that include the Winsper and Victoria Park neighborhoods. Panther Creek is conveyed across Talbot Road S in a 42-inch corrugated metal pipe (CMP). The outfall of this pipe is located approximately 7.5 feet above the creek creating an impassable fish barrier. Additionally, CCTV inspection revealed that the bottom of the pipe has eroded and that there are h oles in several locations. The pipe had been previously lined by King County prior to the area being annexed and the lining has also failed creating risk of undermining and collapse of the roadway. This project will replace a deteriorated 42 -inch corrugated metal stormwater pipe under Talbot Road S with a fish passable culvert, bridge, or other structure that is selected in the design phase. In addition to restoring fish passage, an improved culvert will reduce flood risk resulting from possible pipe coll apse and debris accumulation at the culvert inlet. The city advertised a Request for Proposals to qualified consultants on the city’s MRSC Roster to provide engineering services for design and construction support in January 2023. After review and scori ng of the Statement of Qualifications and Proposals received, and interviews with three of the highest -scoring firms, the city’s selection team determined GeoEngineers, Inc. to be the consultant for the Project in February 2023 based on their experience and technical expertise on similar projects. GeoEngineers, Inc has been selected to provide design consulting services for the entire design and construction management of the project. It was determined that the design of this project will be conducted in two phases because the alternatives analysis will dictate the direction of the design and the subsequent level of effort required by the consultant. This professional services agreement is for design of Phase 1 of the project. Phase 2 design and construction management services will be addressed in a separate agreement. The proposed scope of work by GeoEngineers, Inc. for Phase 1 of the project includes data gathering, surveying, design alternatives analyses, 30% design, preliminary regulatory agency coordination and submittal of permit applications for the project, and limited grant support. AGENDA ITEM #6. d) EXHIBITS: A. Vicinity Map B. Site Map C. Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the agreement with GeoEngineers, Inc. in th e amount of $576,746 forthe Panther Creek at Talbot Rd S Culvert Replacement Project design services. AGENDA ITEM #6. d) Scale: NTS Project Area SR 167 Interstate 405 Valley Medical Center Talbot Rd S SW 43rd St S Carr Rd ATTACHMENT A AGENDA ITEM #6. d) 1,200 100 WGS_1984_Web_Mercator_Auxiliary_Sphere City of Renton Print map Template This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Notes Legend 68 0 34 68 Feet 01/15/2020 City and County Labels City and County Boundary Addresses Parcels Environment Designations Natural Shoreline High Intensity Shoreline Isolated High Intensity Shoreline Residential Urban Conservancy Jurisdictions Streams (Classified) <all other values> Type S Shoreline Type F Fish Type Np Non-Fish Type Ns Non-Fish Seasonal Unclassified Not Visited Wetlands Network Structures Access Riser Inlet Manhole Utility Vault Clean Out Unknown Control Structures Pump Stations Discharge Points Water Quality Detention Facilities Pond Tank Vault Bioswale Wetland Other Stormwater Mains Culverts Open Drains Virtual Drainlines Facility Outlines Private Network Structures Talbot Road S / Panther Creek Crossing S30 T23N R5E ATTACHMENT B AGENDA ITEM #6. d) AGREEMENT FOR DESIGN SERVICES FOR THE PANTHER CREEK AT TALBOT ROAD S CULVERT REPLACEMENT PROJECT SWP 27-4232 THIS AGREEMENT, dated for reference purposes only as April 20, 2023, is by and between the City of Renton (the “City”), a Washington municipal corporation, and GeoEngineers, Inc (“Consultant”), a Washington Corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide consulting and design services as specified in Exhibit A - C, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B-1 or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later than June 30, 2024. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $576,746.00, plus any applicable state and local sales taxes. Compensation shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B-1. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B-1. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. AGENDA ITEM #6. d) PAGE 2 OF 10 B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. AGENDA ITEM #6. d) PAGE 3 OF 10 6. Warranties And Right To Use Work Product: Consultant represents that Consultant will perform all Work identified in this Agreement in a professional manner in accordance with the professional standard of care and applicable laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall sign and, as applicable, stamp engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. AGENDA ITEM #6. d) PAGE 4 OF 10 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. For claims arising or alleged to arise from Consultant's professional negligence only, Consultant's duty to indemnify under this paragraph shall be limited to the extent caused by or resulting from Consultant's negligence. Further, Consultant's defense obligation for under this indemnity paragraph shall include on the reimbursement of reasonable defense costs to the extent caused by Consultant's actual negligence. AGENDA ITEM #6. d) PAGE 5 OF 10 Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out the services provided or of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 perclaim. AGENDA ITEM #6. d) PAGE 6 OF 10 "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, claims, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. AGENDA ITEM #6. d) PAGE 7 OF 10 CITY OF RENTON Jared McDonald, PE 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7293 jmcdonald@rentonwa.gov Fax: (425) 430-7241 CONSULTANT Joe Callaghan, PWS, CESCL 17425 NE Union Hill RD – Suite 250 Redmond, WA 98052 Phone: (253) 383-4940 jcallaghan@geoengineers.com Fax: N/A 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. AGENDA ITEM #6. d) PAGE 8 OF 10 B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Jared McDonald, Surface Water Utility Engineer. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. AGENDA ITEM #6. d) PAGE 9 OF 10 E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. AGENDA ITEM #6. d) PAGE 10 OF 10 M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Joe Callaghan Principal _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 5/21/2021 AGENDA ITEM #6. d) EXHIBIT A Scope of Services City of Renton Panther Creek at Talbot Road Culvert Replacement Project (27-4232) Design and Permitting Services Phase 1: Data Gathering, Design Alternatives Analysis, 30% Design, and Permit Submittal April 12, 2023 PROJECT UNDERSTANDING The goals of the Panther Creek at Talbot Road Culvert Replacement Project (Project) are to: (1) replace the current undersized and failing pipe culvert with a fish passage structure; (2) minimize impacts to the travelling public and utility services; and (3) address potential upstream and downstream flooding, water quality, stream geomorphic processes, and habitat enhancements, as appropriate. The scope of services for Phase 1 of the Project addresses: data gathering; design alternatives analyses; 30% design; preliminary regulatory agency coordination and submittal of permit applications for the project; and limited grant funding support. The following are excluded from Phase 1 and can be provided through contract amendment at a future date: 60%, 90% and 100% design submittals; utility coordination; public outreach and coordination; regulatory agency coordination after permit submittal; bidding support; and construction support. PROJECT PHASING This project will be completed in three phases as follows: ■ Phase 1 – Data Gathering, 30% Design, and Permit Submittal  Data Gathering  Design Alternatives Analysis & Selection  30% Design  Environmental Permitting ■ Phase 2 – Final Design  60%, 90% and 100% Design  Utility Coordination  Public Outreach and Coordination Support  Regulatory Agency Coordination  Bidding Support ■ Phase 3 – Construction Support  RFIs and Submittal Review/Responses  Change Order Support  Design Revisions During Construction AGENDA ITEM #6. d)  Construction Observation  Record Drawings This Scope of Services specifically addresses only Phase 1 of the Project. The consultant team can provide services in support of Phases 2 and 3 as part of a future contract amendment. PROJECT SCHEDULE The anticipated project schedule for Phase 1 is provided in Exhibit C and outlined roughly below: ■ May 2023: Notice to Proceed ■ May 2023: Baseline Assessments/Data Gathering ■ June through August 2023: Design Alternatives Analysis & Selection ■ August through October 2023: 30% Design ■ November 2023: Permit Application Submittal Based on this schedule, we anticipate design could be completed in early to mid-2024, permits obtained by late 2024, released for bids in early 2025, and constructed during the 2025 in-water work window (August 1-August 31), pending funding availability. SUBCONSULTANT SERVICES The following subconsultants will be subcontracted by GeoEngineers to support the project, with technical specialty services as follows: ■ KPFF – Professional Land Survey (PLS); stormwater, utility and roadway engineering; structural engineering; construction management ■ Cultural Resources Consultants (CRC) – cultural resources survey DETAILED SCOPE OF SERVICES Task 1.0 – Project Management This task includes services necessary to plan, perform and manage the various element of the Project to fulfill the objectives of the project as outlined in this scope, meet schedule commitments, and coordinate among the disciplines involved in the study, as well as limited coordination with tribes and regulatory agencies, and limited funding support as requested by the City. Subtask 1.1 – General Management, Administration and Coordination The Consultant Contract Manager and Project Manager will provide overall direction and coordination of activities with the City and amongst the Consultant team, as well as general administration and accounting functions. This will specifically include: AGENDA ITEM #6. d) ■ Interdisciplinary communication ■ Manage and direct subconsultant work ■ Compile subconsultant and prime consultant engineering plans and cost estimates as single, consolidated deliverable packages, and act as primary point of contact between City of Renton and consultant team ■ Budget tracking and schedule management ■ Preparation of monthly invoices and accompanying invoice progress reports ■ Administrative and accounting department assistance Subtask 1.2 – Meetings The Consultant team will participate in regular coordination meetings with the City as well as internal interdisciplinary design coordination meetings. Subtask 1.3 – Agency and Tribe Coordination ■ Support the City in providing initial contact with interested tribes and relevant regulatory agencies, including developing a project summary and overview graphics. ■ Participate in one on-site meeting with regulatory agencies and interested tribes during the design alternatives phase to review baseline conditions, bankfull width estimates and solicit feedback or concerns expressed by each agency/tribal representative. ■ Participate in a second teleconference meeting with regulatory agencies and interested tribes after 30% design completion to update how concerns expressed during the first meeting have been addressed through project design and to achieve consensus on the project. Subtask 1.4 – Funding Support ■ Limited support/assistance to the City identifying potential funding support ■ Limited support/assistance to the City with competitive funding applications Assumptions ■ Duration of Phase 1 is estimated to be approximately 7 months. ■ The following meetings are anticipated:  Design alternatives criteria and selection process (2 meetings with the City)  On-site meeting with WDFW and Muckleshoot Indian Tribe (MIT) (1 meeting)  Monthly check-in meetings are planned between the City PM, Consultant PM and selected members of the design and environmental permitting team (7 meetings total).  Interdisciplinary design team meetings will be held regularly during the alternative selection and design phase (8 meetings total). ■ Invoices and progress reports will be submitted monthly for the duration of this phase. AGENDA ITEM #6. d) Deliverables ■ Project schedule updates, as needed ■ Monthly invoice memoranda with progress report ■ Meeting minutes from City coordination meetings and agency/tribe coordination ■ Funding narrative contributions, as requested Task 2.0 – Survey & Mapping This task will be performed by KPFF. Subtask 2.1 - Topographic /Boundary Survey ■ Research records pertaining to boundary and utilities within the project area. ■ Establish site control constrained to City of Renton Survey Monuments. ■ Coordinate utility locates for the site. ■ Survey Talbot Rd and embankment near the culvert crossing. Roadway survey will extend 100 feet south of the site and to the north side of the intersection of S. 38th Ct. The survey will also include the existing project culvert and existing channel extending approximately 150 ft upstream and 150 ft downstream of the project culvert, including survey of storm drain outlets and manholes within 150 ft of the project culvert. ■ Locate Ordinary high-water mark (OHWM) and wetland (if any) flagging placed by GeoEngineers within 150 feet of the project culvert. Subtask 2.2 - Utility Locates ■ Perform utility locates on conductible underground utilities within the project area. Subtask 2.3 – Utility Potholes Utility potholes will be performed by Applied Professional Services (APS) under subcontract. KPFF will lead and direct this work, including: ■ Acquire City of Renton over-the-counter permits as necessary. ■ Coordinate traffic control for utility potholing. ■ Subcontract performance of up to 10 utility potholes at locations determined by the design team. ■ Provide type, size, and depth of utility at each location. ■ Backfill pothole locations and patch location to City standards. ■ Utility pothole locations and information will be gathered in the field by KPFF and added to the survey basemap. Survey Assumptions ■ City Staff to provide assistance with over-the-counter permit acquisition. AGENDA ITEM #6. d) ■ If landowners deny access to any part of the assessment area, that area will be observed “over- the-fence” but otherwise omitted from the field review. To the extent feasible, professional best judgement will be used to fill in data gaps that result from property access denials. ■ Survey crews, where required, will request private parcel access from property owners when on site. Project survey will take place primarily within existing road rights-of-way and/or on undeveloped lots or undeveloped portions of lots. City will be responsible for landowner coordination, obtaining rights-of-entry, and public outreach, if any. ■ Consultant will not coordinate with individual property owners or individual stakeholders. One-on- one meetings with key stakeholders are not included at this time. ■ Wetland and critical area flagging will be completed by GeoEngineers prior to KPFF performing the site survey. ■ Utility locates for the design survey will be for conductible underground utilities and visible surface features. ■ Boundary and right of way lines shown by this survey will be based on best available record information and ties to local monuments. Review of Title Reports and plotting easements is not included in this scope of work. ■ Preparation of temporary construction easements (TCE) and right of way exhibits are not included in this scope of work. Once the number of TCE’s, if any, and their locations are identified, KPFF can provide an amendment in scope to prepare the TCE’s. Survey Deliverables ■ Stamped and signed survey meeting City of Renton survey and drafting standards, provided in PDF format. ■ CAD basemap and Civil 3D surface drawing in format 2018 or later. Task 3.0 – Hydraulic Design Subtask 3.1 – Data Gathering This subtask includes completing data review and field studies to characterize the Panther Creek basin within the project reach (approximately 150 ft upstream to 150 ft downstream of the project culvert), including review of fish habitat and stream geomorphology within the above noted reach. This task work will include: ■ Develop a stream survey extents and requirements graphic for use by the survey team. ■ Complete a brief desktop review to compile and summarize available information about basin habitat and hydrologic/hydraulic conditions, including:  Utilize online databases and publications to characterize habitat limiting factors in Panther Creek.  Complete online assessment of Panther Creek system including development of long profile, characterization of geology and soils.  Review mapped FEMA floodplains (if any) AGENDA ITEM #6. d) ■ Complete a field-based review of fish habitat conditions within the project reach, including:  Observe aquatic habitat conditions including channel habitat type, condition and quality.  Observe riparian habitat type, condition and quality; typical riparian vegetation species composition and quality; and qualitatively evaluate ability of riparian habitat conditions to support aquatic habitat/stream channel conditions. ■ Complete a field-based review of fluvial geomorphic conditions within the project reach, including:  Observe bank condition/erosion, sediment sources, potential for degradation/aggradation and channel profile.  Select a representative stream reference reach for the crossing (if one can be found) that will be used as a basis for design.  Within the representative reach, characterize stream morphology, streambed sediment composition (e.g. Wolman Pebble Counts), and bankfull widths (up to three within reference reach).  Within the representative reach, map/measure channel thalweg profile and channel sections. Subtask 3.2 – Hydraulic Conceptual Design, Alignment Study and Design Alternatives This subtask includes developing hydraulic conceptual designs, an alignment study, and preparation of a Design Alternatives Selection Report to identify a preferred stream alignment and structure type. ■ Hydrologic Analysis  Estimate the 2-, 100-, and 500-year peak discharge flows using the most appropriate methodology for the site  Estimate a future 100-year flood magnitude using the WDFW climate change resilience web application. This flow will be simulated in the conceptual design conditions hydraulic model to assess structure resiliency and vulnerability. ■ Modeling and analysis of the existing conditions  Develop a two-dimensional (2D) Hydrologic Engineering Center – River Analysis System (HEC-RAS).  Analyze the model results to inform design of the proposed crossing including assessment of backwatering (if any) by existing structure. ■ Develop CAD design and drawing sheets of up to two alternative stream channel alignments and profiles. ■ Prepare rough-order-of-magnitude (ROM) stream design cost estimate. ■ Prepare a Design Alternatives Analysis Report (draft and final) identifying each stream alignment, structural and MOT alternative considered, selection process, and recommended design option. The draft report will be presented to the City for review and discussion and then finalized based on City concurrence and/or recommendations. Subtask 3.3 – 30% Hydraulic Design This subtask includes hydraulic analysis and stream design components of the project. As part of this subtask, GeoEngineers will perform the following: AGENDA ITEM #6. d) ■ Modeling and analysis of 30% design conditions  Define approach used to select fish passage design methodology, consistent with WDFW Water Crossing Design Guidelines (WCDG) and WSDOT Hydraulics Manual (HM).  Recommend minimum hydraulic opening, alignment, profile, and typical channel cross sections.  Develop proposed conditions 2D HEC-RAS model with up to two iterations of design to address structure type, minor deviations in stream alignment, and/or other stream design elements.  Identify streambed composition / material design.  Develop a concept of Large Woody Material (LWM) and channel complexity features as appropriate. ■ Advance the crossing design to 30%. This level of design will consist of:  Developing horizontal and vertical alignments and creating a 3D surface of the 30% design condition. The stream design components will be consistent with the natural geomorphological condition of the stream and will achieve the project goals stated above.  Specifying the minimum hydraulic opening height and width for the replacement, fish passable structure.  Specifying general number and locations of LWM that are consistent with the proposed grading. Detailed design and stability calculations of LWM will be completed during a later design phase of the project (Subtask 5.1).  Determining a design channel sediment gradation consistent with information obtained in the reference reach identified in Subtask 3.2. ■ Develop preliminary engineering design drawings that will include the following:  Plan and profile sheets of the existing conditions (2 sheets total). The existing conditions plan sheet will show property lines, right-of-way (ROW) lines, ordinary high water extents (OHW), the existing crossing pipe alignment, and important features of the stream from survey.  Plan, profile and sections sheets of the proposed conditions (3 sheets total).  Standard details of LWM structures (1 sheet total). Detailed design of LWM structures will be completed during a later design phase of this project (Subtask 5.1).  Conceptual temporary stream bypass and diversion for the site to a level of detail suitable for permit submittal. ■ Prepare a Preliminary Hydraulic Design Report that addresses the proposed 30 percent design and documents site observations and existing conditions data collection (including general assessment of climate change vulnerability). This will include preparing a 30% design level cost estimate. An initial draft will be prepared for City review and final draft will be prepared based on City comments for agency/tribe review and to support permit applications. Comments received from agencies and tribes will be addressed as part of a future design level hydraulic design report (not included in this phase). Hydraulic Design Assumptions ■ Data review will include publicly accessible databases, additional information/data provided by the City and our in-house files. AGENDA ITEM #6. d) ■ If landowners deny access to any part of the assessment area, that area will be observed “over- the-fence” but otherwise omitted from the field review. To the extent feasible, professional best judgement will be used to fill in data gaps that result from property access denials. ■ Up to 2 stream alignment alternatives will be considered. Hydraulic Design Deliverables ■ Survey Request Figure ■ Field Report documenting fish habitat and stream geomorphology. ■ Design Alternatives Analysis Report (Draft and Final) ■ 30% Stream Design Drawings as part of consolidated plan set (see Task 6.3) ■ 30% Design Cost Estimate (consolidated across disciplines) ■ Preliminary Hydraulic Design Report (Draft and Final) Task 4.0 – Geotechnical Design Subtask 4.1 – Geotechnical Explorations ■ Review existing subsurface information to develop an understanding of potential soil and groundwater conditions at the site. ■ Complete a visual reconnaissance of the site to evaluate the presence of Geologically Hazardous Areas in accordance with the City of Renton Municipal Code and other site features or constraints that will need to be considered during design. ■ Coordinate with City of Renton utility locates within the project area using the One-Call utility locating service. Review City of Renton information regarding underground utilities in the project area. Exploration locations will be chosen to avoid encountered subsurface utilities. ■ Develop a traffic control plan in accordance with City of Renton regulations. We will subcontract a pre-qualified firm to develop the traffic control plan and to provide traffic control during drilling. Submit and obtaining the street use permit from Renton. ■ Coordinate and complete subsurface explorations at the site. Three, 50-foot deep borings, will be completed. Two borings will be drilled in potential bridge foundation areas. One boring will be drilled in the approximate center of the fill which spans the Panther Creek Valley. The borings will be drilled using hollow stem auger drilling methods. The borings will be advanced at least five feet into bedrock if rock is encountered at depths shallower than 50 feet. ■ Collect 1.5-inch inside diameter (ID) or 2.0-inch ID split-barrel samples of soil and possibly bedrock in general accordance with ASTM International (ASTM) D 1586 procedures at approximately 5‑foot depth intervals in each boring. Soil cuttings from the borings will be placed in 55 gallon drums and transported off site. ■ Complete laboratory testing on soil samples collected in the borings. Laboratory testing shall consist of moisture content determinations, grain size analyses and organic content determinations. AGENDA ITEM #6. d) Subtask 4.2 – Preliminary Geotechnical Design Recommendations ■ Develop general geotechnical recommendations for the project. Analyses will be limited to conceptual level design. Our recommendations will include the following:  Conceptual foundation support for a new culvert.  Concept recommendations for bridge foundation support. We will provide preliminary recommendations for shallow foundations and drilled shaft foundations.  Retaining wall concepts and options for roadway improvements.  General earthwork and site preparation. ■ Prepare a geotechnical design considerations letter report summarizing soil, bedrock and groundwater conditions, general design recommendations, and general construction considerations in support of the Design Alternatives Analysis Report. Subtask 4.3 – 30% Geotechnical Design Report ■ Provide geotechnical support during development of the 30% Design, including the following tasks:  Provide a discussion of the selected preferred alternative for supporting the roadway (bridge or culvert) and accommodating the hydraulic opening.  Provide a summary of soil and groundwater conditions based on subsurface explorations completed at the site.  Develop geotechnical recommendations to support 30% Design. Recommendations will include foundation support for the selected alternative. Foundation recommendations will be developed and provided in general accordance with American Association of State Highway and Transportation Officials (AASHTO) Load and Resistance Factor Design (LRFD) and the Washington State Department of Transportation (WSDOT) Geotechnical Design Manual (GDM) procedures.  Provide recommendations for earthwork, including temporary and permanent slope configurations, groundwater handling and dewatering considerations, suitability of onsite soil for reuse as structural fill, import fill criteria and fill compaction criteria.  Provide estimates of roadway fill and foundation settlements and recommendations for settlement mitigation measures.  Evaluate potential construction considerations, including conceptual dewatering needs based on subsurface conditions encountered in our explorations, as appropriate.  Develop lateral earth pressure criteria for design of abutment walls.  Discuss seismic design considerations and providing seismic design criteria consistent with the 9th Edition of the AASHTO LRFD Bridge Design Specifications (2020). We will also provide our opinion of the potential for liquefaction and lateral spreading based on available deep subsurface soil data and our experience in the site area. ■ Provide an assessment of potential consequences of liquefaction and soil strength loss, including estimates, as appropriate, of the following:  Differential settlement;  Lateral movement;  Increase in lateral loads on foundations; and AGENDA ITEM #6. d)  Reduction in foundation soil bearing capacity. ■ Prepare a draft Geotechnical Report documenting the site conditions and design recommendations for the preferred alternative. The report will include a site plan showing the locations of the completed explorations, summary exploration logs, laboratory testing results, preliminary design recommendations and engineering figures as appropriate. ■ Provide ongoing geotechnical consultation to support coordination meetings through the duration of the 30% Design. Geotechnical Design Assumptions ■ Geotechnical engineering analyses will be completed in accordance with the WSDOT Standard Specifications, the AASHTO LRFD Bridge Design Manual. ■ Draft geotechnical report delivered during 30% design will be updated as a final report as part of a future design submittal (not included in this phase). Geotechnical Deliverables ■ Traffic Control Plans ■ Preliminary Geotechnical Design Recommendations Letter ■ Draft Geotechnical Report Task 5.0 – Structural Design This task will be completed by KPFF. Subtask 5.1 – Data Gathering ■ Review culvert as-builts and any other relevant data provided by the City and other team members including, but not limited to, survey, geotechnical data/reports, hydraulics data/reports, and other relevant design data. ■ Complete a structural reconnaissance to observe site conditions that may affect structural considerations for the replacement crossing. Subtask 5.2 – Crossing Structure Type, Size and Location (TSL) Study Preparation of a structural TSL study in support of the Design Alternatives Analysis Study. ■ Prepare a structural basis of design listing relevant codes, and design criteria used for concept development. ■ Identify up to 3 structural alternatives feasible for the project and provide concept level design drawings for these alternatives ■ Develop planning level cost analysis for each alternative. ■ Assist GeoEngineers with development of alternative selection criteria, ranking, and a recommended alternative. ■ Provide structural design criteria narrative for inclusion in Design Alternatives Analysis Report. AGENDA ITEM #6. d) ■ Assist GeoEngineers with presentation of findings to City for review and concurrence. Subtask 5.3 – 30% Structural Design ■ Provide 30% design for the preferred alternative, including:  30% design of a replacement structure including consideration of applicable design criteria.  Using span dimension, roadway cover, and geotechnical input to provide crossing design drawings. Developing the layout of the structure to fit within the hydraulic constraints of creek.  Development of 30% design drawings including a plan, elevation and section view of the structure (2 sheets) and elevation and section views of wingwalls (1 sheet). ■ Determine structural quantities and prepare a 30% cost estimate for structural elements. Structural Design Assumptions ■ Up to 3 structural alternatives will be considered. ■ Potential structure alternatives include precast concrete box culvert, precast concrete or metal arch culverts, and a bridge structure. ■ Structural design will conform to the latest editions of the AASHTO LRFD Bridge Design Specifications and WSDOT Bridge Design Manual ■ Structural Bid items and quantities will be based on the WSDOT Standard Specifications for Road, Bridge and Municipal Construction. Structural Design Deliverables ■ Structural TSL Study Report, appended to Design Alternatives Analysis Report prepared by GeoEngineers (Word Doc/PDF) ■ 30% Structural Quantities & Estimated Costs (Excel/PDF) ■ 30% Structural Design Drawings (PDF) Task 6.0 – Roadway and Utility Design This task will be completed by KPFF. Subtask 6.1 – Data Gathering & Design Alternatives ■ Perform roadway reconnaissance, site visit, and review existing conditions to understand anticipated site constraints. ■ Provide written and/or graphical summary of road design elements and site constraints, utility providers and potential right-of-way requirements. ■ Review all available project information relating to the project including, but not limited to:  As-built drawings, if available  Survey base map  Geotechnical information  Critical Area Conditions memo  Traffic data AGENDA ITEM #6. d)  Existing utility information ■ Prepare a roadway and utility basis of design listing relevant codes, and design criteria used for concept development. ■ Provide roadway, utility and civil design on up to 3 alternatives feasible for the project and provide concept level design drawings for these alternatives. ■ Develop planning level cost analysis for each alternative. ■ Assist GeoEngineers with development of alternative selection criteria, ranking, and a recommended alternative. ■ Provide roadway and utility design criteria narrative for inclusion in Design Alternatives Analysis Report. ■ Assist GeoEngineers with presentation of findings to City for review and concurrence. Subtask 6.2 – Roadway, Utility and Maintenance of Traffic (MOT) Study This subtask includes preparation of a MOT Study in support of the Design Alternatives Analysis Report. ■ Identify feasible MOT options for each structural alternative. ■ Identify roadway and utility constraints associated with each stream alignment and structural alternative. ■ Support structural engineer and hydraulic engineer with design alternatives selection process. Subtask 6.3 – 30% Roadway and Utility Design ■ Develop 30% plans of the selected alternative. The 30% level design will contain the following anticipated sheet list:  Cover Sheet including Vicinity Map and Drawing Index (1) – KPFF  Legend and abbreviations (1) – KPFF  Existing Site (1) – KPFF  Right-of-Way Plan (1) – KPFF  Site Preparation Plan (1) - KPFF  Temporary Erosion and Sediment Control Plan (1) – KPFF  Site Plan (1)  Stream Plan and Profile - Existing (2 sheets) – GeoEngineers  Stream Plan, Profile and Sections – Proposed (3 sheets) – GeoEngineers  LWM Details – Proposed (1 sheet) – GeoEngineers  Temporary Stream Bypass – Conceptual (1 sheet) - GeoEngineers  Planting & Restoration Plans (1) – KPFF  Roadway Plan and Profile (1) – KPFF  Utility Plans (1) - KPFF  Typical Roadway Section (1) – KPFF AGENDA ITEM #6. d)  Maintenance of Traffic (1) – KPFF ■ Prepare a 30-percent design level cost estimate for roadway, grading, landscaping, and temporary and final erosion control elements. ■ Prepare a utility pothole plan for use by KPFF survey (see Task 2.2). ■ Prepare a Draft 30% Level Stormwater Report. Roadway and Utility Design Assumptions ■ Stormwater flow control and water quality BMP design and plans will not be required at 30%. It is assumed stormwater thresholds will not be triggered to require flow control or water quality BMP design. ■ A stormwater report will document minimum requirements per City requirements and not include the design of any stormwater BMPs. The Draft stormwater report delivered during 30% design will be updated as a final report as part of a future design submittal (not included in this phase). ■ The draft 30% design submittals will be subject to one round of review by the City. The 30% design submittals will be updated as part of the future design submittal (not included in this phase). ■ Civil Bid items and quantities will be based on the WSDOT Standard Specifications for Road, Bridge and Municipal Construction. ■ Submittal shall be electronic (PDF). CAD design files will be submitted at project completion (later phase of design). Roadway and Utility Design Deliverables ■ MOT Study, appended to Design Alternatives Analysis Report ■ Roadway and utility design criteria and considerations narrative and/or graphics; this information will be integrated into the Design Alternatives Analysis Report and/or Preliminary Hydraulic Design Report prepared by GeoEngineers. ■ Utility Pothole Plan ■ Draft 30% Design Stormwater Report. ■ 30% Design Drawings ■ Respond to 30% Design Drawing comments ■ 30% Cost Estimate – civil, utility, MOT, roadway elements Task 7.0 – Environmental Permitting This task includes developing permit documentation, permit applications and supporting materials, as well as acting as authorized agent on behalf of the City to submit and apply for applicable permits for the project, including: Subtask 7.1 – Aquatic Areas Assessment ■ Complete a field-based review and delineation of aquatic critical areas and other permitting considerations. AGENDA ITEM #6. d)  Complete a desktop review of relevant City, state and/or federal regulatory code and guidance documents governing aquatic areas, critical areas and/or other sensitive areas that may affect permit requirements.  Complete a desktop review of City, county, state and/or federal databases that may identify regulated aquatic areas (Waters of the United States [U.S.] and/or Waters of the State) subject to regulation under local, state or federal rules; identify applicable stream type and buffer requirements.  Complete a field delineation of the Ordinary High Water Mark (OHWM) of Panther Creek and wetlands (if any) approximately 150 ft upstream and 150 ft downstream of the project culvert. OHWM flags will be placed along the stream channel delineating the regulated aquatic area from surrounding uplands and riparian buffers. These flags will be incorporated into the survey basemap for the project. Subtask 7.2 – Environmental Documentation ■ Prepare an Aquatic Areas Assessment report, including discussion of the results of the OHWM and wetland delineation. ■ Develop a Specific Project Information Form (SPIF) in support of programmatic Endangered Species Act consultation utilizing the Restoration Actions in Washington State programmatic Biological Assessment for submission with permit applications. ■ Prepare a Cultural Resources Survey (CRS) Report for compliance with Section 106 of the National Historic Preservation Act. This survey and report will be subcontracted to a specialty provider. Subtask 7.3 – Permit Applications and Submittal ■ Prepare a Joint Aquatic Resources Permit Application (JARPA) Form and associated drawings for use in submitting applications to the City, State (WDFW and/or Department of Ecology) and Federal (U.S. Army Corps of Engineers) permitting agencies for aquatic permits. ■ JARPA Form and Drawings, Critical Areas Report, SPIF, and CRS Report will be submitted to the USACE to obtain a Nationwide Permit under their authority to administer Section 404 of the Clean Water Act. ■ JARPA Form and Drawings, Critical Areas Report, Preliminary Hydraulic Design Report and 30% Design Drawing package will be submitted to WDFW for HPA review. ■ Critical Areas Permit Application components will be provided to City for internal documentation and use. Subtask 7.4 – Design Coordination and Support ■ Provide consultation to other members of the design team during design development addressing permit restrictions and requirements that may influence alternative designs or design details during advancement. ■ Support landscape design including identifying appropriate native planting palette for restoration of construction impacts within the riparian buffer of Panther Creek. AGENDA ITEM #6. d) Environmental Permitting Assumptions ■ Project can be characterized as restoration and habitat enhancement and is, therefore, not anticipated to have adverse effects on regulated critical areas or other protected species or habitats; habitat mitigation planning and design is not anticipated to be needed. ■ The project will qualify for a Fish Enhancement HPA; therefore, SEPA compliance and other local permits, including site development and/or clearing and grading will be waived. ■ Permit applications will be developed based on the 30% design submittal. ■ GeoEngineers will act as authorized agent for federal and state permit authorizations, such as those required from the U.S. Army Corps of Engineers and Washington Department of Fish & Wildlife. ■ GeoEngineers will provide supporting documentation for coordination with the local permit planning department; however, City will act as applicant and lead the internal application process for City-issued permits, if required. ■ There is no state-owned aquatic land within the project footprint; an Aquatic Lands Lease will not be required from the Washington Department of Natural Resources. Environmental Permitting Deliverables ■ Aquatic Areas Assessment Report ■ SPIF ■ Cultural Resources Survey (CRS) Report ■ JARPA Application ■ Copies of each electronic permit application submittal Attachments: Consultant Fee Estimate – GeoEngineers, Inc. Schedule of Charges – 2023 Standard AGENDA ITEM #6. d) Task Description PrincipalAssociateSenior Sci/Engr 2Project Engr 2Project Sci 2Staff Engr 3Staff Engr 2Staff Sci 2Lead TechnicianSenior GIS AnalystCAD DesignerAdmin 3Admin 2Admin 1Total Hours Total Labor Cost 1.0 Project Management 1.1 General Management, Administration and Coordination 10 20 20 60 110 $20,750 1.2 Meetings 14 14 14 4 46 $12,732 1.3 Agency and Tribe Coordination 10 8 10 16 44 $11,360 1.4 Funding Support 4 4 4 12 $3,392 2.0 Survey & Mapping 2.1 Topographic/Boundary Survey (PLS)2 2 6 10 $2,376 2.2 Utility Locates 0 $0 2.3 Utility Pothole Survey 0 $0 3.0 Hydraulic Design 3.1 Data Gathering 8 40 40 40 10 4 142 $28,490 3.2 Hydraulic Conceptual Design, Alignment Study, & Design Alternatives 2 20 60 20 60 40 8 210 $40,530 3.3 30% Hydraulic Design 20 40 10 80 10 40 8 208 $38,400 4.0 Geotechnical Design 4.1 Geotechnical Explorations 3 8 45 6 3 3 4 72 $13,787 4.2 Preliminary Geotechnical Design Recommendations 5 15 6 26 $6,598 4.3 30% Geotechnical Design Report 4 20 6 5 4 6 1 46 $9,940 5.0 Structural Design 5.1 Data Gathering 0 $0 5.2 Crossing Structure TSL Study 0 $0 5.3 30% Structural Design 0 $0 6.0 Roadway and Utility Design 6.1 Data Gathering 0 $0 6.2 Roadway, Utility and MOT Study 0 $0 6.3 30% Roadway and Utility Design 0 $0 7.0 Environmental Permitting 7.1 Aquatic Areas Assessment 1 12 12 3 28 $5,735 7.2 Environmental Documentation 4 12 30 2 48 $9,346 7.3 Permit Applications and Submittal 4 16 24 30 4 78 $14,126 7.4 Design Coordination and Support 8 8 16 $4,544 69 96 141 140 96 57 180 66 6 28 117 39 60 1 1096 $305 $280 $263 $220 $215 $188 $165 $157 $138 $173 $147 $130 $114 $99 $21,045 $26,880 $37,083 $30,800 $20,640 $10,716 $29,700 $10,362 $828 $4,844 $17,199 $5,070 $6,840 $99 $222,106 Subconsultant/Subcontractor Expenses KPFF $256,610 Cultural Resources Consultants of Washington $7,000 Markup on Subconsultant Costs (15%)$39,541 Other Direct Costs (ODCs) Vehicle Mileage Rate: $0.65 Miles: 250 $163 Associated Project Costs (6%)$13,326 Utility Locate for Geotechnical Borings $1,000 Drilling & Traffic Control $17,000 $334,640 Management Reserve $20,000 $576,746Total Cost Fully Burdened Hourly Rate Subtotal Burdened Labor Cost Subtotal Direct and Subconsultant Expenses Total Hours Exhibit B-1 Panther Creek at Talbot Rd Culvert Replacement Project (27-4232) Consultant Fee Estimate - GeoEngineers, Inc. Phase 1 City of Renton April 12, 2023 AGENDA ITEM #6. d) Task Description Structural PrincipalStructural Project EngineerStructural Design EngineerStructural CADDCivil PrincipalCivil Project EngineerCivil Design EngineerCivil CADDCivil AdminSurvey Manager/PrincipalSenior Projects SurveyorProject SurveyorSurvey Crew ChiefSurvey Instrument PersonCADD TechUtility LocatorTotal Hours Total Labor Cost 1.0 Project Management 1.1 General Management, Administration and Coordination 0 $0 1.2 Meetings 19 12 19 12 8 70 $11,804 1.3 Agency and Tribe Coordination 1.4 Funding Support 8 4 12 $2,224 2.0 Survey & Mapping 2.1 Topographic/Boundary Survey (PLS)8 24 14 48 48 36 178 $21,241 2.2 Utility Locates 2 8 10 $1,203 2.3 Utility Pothole Survey 6 16 16 4 42 $4,492 3.0 Hydraulic Design 3.1 Data Gathering 0 $0 3.2 Hydraulic Conceptual Design, Alignment Study, & Design Alternatives 0 $0 3.3 30% Hydraulic Design 0 $0 4.0 Geotechnical Design 4.1 Geotechnical Explorations 0 $0 4.2 Preliminary Geotechnical Design Recommendations 0 $0 4.3 30% Geotechnical Design Report 0 $0 5.0 Structural Design 5.1 Data Gathering 0 $0 5.2 Crossing Structure TSL Study 8 90 30 40 168 $29,938 5.3 30% Structural Design 10 50 100 60 220 $35,960 6.0 Roadway and Utility Design 6.1 Data Gatheringn & Design Alternatives 8 90 158 56 312 $50,860 6.2 Roadway, Utility and MOT Study 3 20 56 79 $12,832 6.3 30% Roadway and Utility Design 12 43 151 118 324 $49,714 7.0 Environmental Permitting 7.1 Aquatic Areas Assessment 0 $0 7.2 Environmental Documentation 0 $0 7.3 Permit Applications and Submittal 0 $0 7.4 Design Coordination and Support 0 $0 18 159 142 100 23 180 381 174 8 8 24 22 64 64 40 8 1415 $216 $194 $145 $160 $216 $206 $144 $140 $92 $234 $159 $146 $114 $85 $111 $114 $3,888 $30,846 $20,590 $16,000 $4,968 $37,080 $54,864 $24,360 $736 $1,875 $3,824 $3,218 $7,280 $5,408 $4,420 $910 $220,267 Subconsultant/Subcontractor Expenses Applied Proffesional Services (APS) - Utility Potholes (10 locations)$36,317 Other Direct Costs (ODCs) Vehicle Mileage Rate: $0.65 Miles: 40 $26 $36,343 $256,610 Subtotal Direct and Subconsultant Expenses Total Cost Total Hours Fully Burdened Hourly Rate Subtotal Burdened Labor Cost Exhibit B-1 Subconsultant Fee Estimate - KPFF City of Renton Panther Creek at Talbot Rd Culvert Replacement Project (27-4232) Phase 1 April 12, 2023 AGENDA ITEM #6. d) Deliverable/Stage 6-Jun13-Jun20-Jun27-Jun4-Jul11-Jul18-Jul25-Jul1-Aug8-Aug15-Aug22-Aug29-Aug5-Sep12-Sep19-Sep26-Sep3-Oct10-Oct17-Oct24-Oct31-Oct7-Nov14-Nov21-Nov28-Nov5-Dec12-Dec19-Dec26-Dec2-Jan9-Jan16-Jan23-Jan30-Jan6-Feb13-Feb20-Feb27-Feb5-MarPhase 1 Notice to Proceed Task 1 - Project Management Task 1.1 - General Mgmt, Admin, Coord Task 1.2 - Meetings Task 1.3 - Agency and Tribe Coordination Task 2 - Survey & Mapping Survey Basemap Task 3 - Hydraulic Design Task 3.1 - Data Gathering Task 3.2 - Hydraulic Conceptual Design/Alternatives Survey Request Figure Design Alternatives Analysis Report Task 3.3 - 30% Design Preliminary Hydrauilic Design Drawings and Report Task 4 - Geotechnical Design Task 4.1 - Geotechnical Explorations Task 4.2 - Preliminary Geotechnical Design Preliminary Geotechnical Design Letter Task 4.3 - 30% Geotechnical Design Report Draft Geotechnical Design Report Task 5 - Structural Design Task 5.1 - Data Gathering Task 5.2 - Crossing Structure TSL Study TSL Study Report Task 5.3 - 30% Structural Design 30% Structural Design Drawings and Cost Estimate Task 6 - Roadway and Utility Design Task 6.1 - Data Gathering & Design Alternatives Task 6.2 - Roadway, Utility and MOT Study MOT Study and Alternative Analysis Narrative Task 6.3 - 30% Roadway and Utility Design Utility Pothole Plan 30% Design Stormwater Report 30% Roadway,Stormwater, Erosion Control Drawings Task 7 - Environmental Permitting Task 7.1 - Aquatic Areas Assessment Task 7.2 - Environmental Documentation Draft Aquatic Areas Assessment Report Draft JARPA Application Draft Specifc Project Information Form (ESA) Draft Cultural Resources Survey Report Task 7.3 - Permit Applications & Submittal USACE Permit Package Submittal WDFW Permit Package Submittal City of Renton Permit Components Task 7.4 - Design Coordination and Support Phase 2 Scoping Exhibit C Panther Creek at Talbot Road Culvert Replacement Project (27-4232) Phase 1 Preliminary Design Schedule AGENDA ITEM #6. d) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ACCEPTING THE PLANNING COMMISSION BYLAWS. WHEREAS, the Planning Commission (“Commission”) Bylaws were adopted by the Commission during its regular meeting, April 5, 2023, and will be used for governing operations of the Commission; and WHEREAS, the Commission may recommend amendments to the Bylaws in the future, which will be subsequently reviewed by City Administration; and WHEREAS, any proposed revisions to the Bylaws approved by the Commission will be submitted by staff to the City Council for acceptance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council hereby accepts the Bylaws of the Planning Commission, a copy of which is attached hereto as Exhibit “A” and incorporated by this reference. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2023. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2022. ______________________________ Armondo Pavone, Mayor AGENDA ITEM # 8. a) RESOLUTION NO. _______ 2 Approved as to form: ______________________________ Shane Moloney, City Attorney RES – CED – 1939 – 4.13.23 AGENDA ITEM # 8. a) RESOLUTION NO. _______ 3 EXHIBIT “A” PLANNING COMMISSION BYLAWS AGENDA ITEM # 8. a) Renton Planning Commission Bylaws (April 2023) Page 1 of 3 CITY OF RENTON BYLAWS OF THE PLANNING COMMISSION The City of Renton (“City”) Planning Commission (“Commission”) has adopted the following as its Bylaws setting forth the rules and procedures deemed necessary to carry out its duties as established in Chapter 2-10 of the Renton Municipal Code (“RMC”), and in compliance with the state’s Open Public Meetings Act (“OPMA” RCW 42.30). After these Bylaws have been provided to the Renton City Council for their awareness, the Commission will file a copy of these Bylaws with the City Clerk of Renton. 1. Appointment, Membership, Term, and Vacancies – shall be in accordance with RMC 2-10, and are currently: a. Appointment of nine (9) Commissioners by the Mayor, and confirmed by the City Council b. Members of the Commission must be a resident of, or own a small business in, the City of Renton, with additional rules as described in RMC 2-10-5. c. Term of appointment is three (3) years, with appointments in July and February of each year and d. Vacancies will be filled in the same way the initial appointments were made. 2. Election of Officers: a. Officers to be elected: the Commission shall elect a Chair, Vice-Chair, Secretary, and other officers as may be needed. b. Elections to occur: Elections shall be held annually at the first regular meeting in January. In the event other officers are needed, they will be elected and seated as the need arises. Elections for each officer when there is more than one candidate for a position shall be by roll call vote. c. Officers to be seated: Newly elected officers shall take office at the first regular meeting of each calendar year, after elections of all officers. 3. Meetings: a. The Commission shall operate in compliance with the OPMA to ensure a transparent process. This Article 2 will be interpreted to comply with Washington State open meetings requirements and may be subject to change to assure compliance. i. The Commission shall have a standard practice of meeting in person meetings at the Renton City Hall, City Council Chambers. If that location is not available, and a regular in-person meeting will still be held, the City will publish the new physical location in accordance with OPMA requirements. ii. In the event a regular meeting is canceled or re-scheduled prior to its regularly scheduled time and date, the City shall post that information in advance. iii. Any Commissioner may attend any meeting remotely at their discretion, if such attendance is: 1. By telephonic or other electronic, internet, or other means acceptable to, and arranged with, City staff prior to the meeting; AND AGENDA ITEM # 8. a) Renton Planning Commission Bylaws (April 2023) Page 2 of 3 2. The remote means allows real-time verbal communication with the Commission without being in the same physical location, and is available for the members of the public to hear as well. iv. The Commission shall hold at least twelve (12) Regular Meetings throughout the year according to the following schedule: 1. January through December: first and third Wednesdays of the month at 6:00 pm or as otherwise published by City of Renton on their website and with advance notice and posting of the agenda; except: 2. August and December: first Wednesday of the month at 6:00 pm, or as otherwise published by City of Renton on their website and with advance notice and posting of the agenda. 3. In the event a regular meeting day falls on a holiday, or City operations are canceled for emergency or other reasons, the regular meeting will be postponed to the next available business day in the same location, and the public will be notified through posting on the City’s website and physical posting at the location. v. The Commission may hold Special Meetings at the request of the Chair, or in their absence by the Vice-Chair, or when approved during a regular meeting by a majority of the Commission. City staff shall notify Commissioners at least three (3) days in advance of such Special Meeting, and shall provide appropriate public notice. vi. The Commission may hold Emergency Meetings if there is a need for expedited action of the Commission to meet an emergency. Such emergency meeting may be called by the Chair at the regular meeting site, for a remote meeting without a physical location, or for a meeting at which attendance by members of the public is limited due to a declared emergency. vii. The Commission may hold fully Remote Meetings as a result of the declaration of an emergency and if the City determines it cannot hold a meeting in person or will limit physical attendance by some or all members of the public because of the emergency. Such remote meeting shall comply with OPMA rules governing remote meetings, including real-time verbal communications and the option for the public to listen. b. Absences: i. Failure to attend a meeting without providing City staff and/or the Chair twenty- four (24) hours’ notice may be considered an “unexcused” absence. ii. Three (3) “excused” absences is equal to one (1) “unexcused” absence. iii. Commissioners with 3 or more unexcused absences in one calendar year may be removed from the Commission by the Mayor. iv. Remote attendance at an in-person meeting is not an absence from the meeting. 4. Amendments: a. These Bylaws may be amended or repealed and new Bylaws may be adopted at any regular meeting or special meeting by a majority vote of the membership. A copy of the proposed Bylaws, or amendments thereto, shall be furnished to each member at least three (3) days prior to the date of the meeting. AGENDA ITEM # 8. a) Renton Planning Commission Bylaws (April 2023) Page 3 of 3 b. All amendments to the Bylaws shall be submitted to the Mayor and City Council for their awareness. IT IS HEREBY UNDERSTOOD that the undersigned Chair of the Renton Planning Commission does hereby certify that the above and foregoing Bylaws were duly adopted by the members of the Commission as the Bylaws of the Commission on the ____ day of _______, 2023, and that they do now constitute the Bylaws of the City of Renton Planning Commission. ATTEST: ________________________________ Dana Rochex, Chair Renton Planning Commission AGENDA ITEM # 8. a) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A MITIGATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT WITH SEATTLE SOCCER, LLC dba SEATTLE SOUNDERS FC AND FURTHER AUTHORIZING THE SALE OF 0.1875 CREDITS FROM THE SPRINGBROOK CREEK WETLAND MITIGATION BANK FOR THE SUM OF $247,851.56. WHEREAS, the Springbrook Creek Wetland Mitigation Bank (“SMB”) was established August 8, 2006 through the execution of a Mitigation Bank Instrument developed by the City and the Washington State Department of Transportation, and approved by the City, the Washington State Department of Ecology, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the Federal Highway Administration, and the U.S. Army Corps of Engineers; WHEREAS, the SMB was established to provide compensatory mitigation for unavoidable adverse impacts to waters of the United States, including wetlands, and to aquatic habitat, which result from activities authorized by Federal, State, and local authorities; WHEREAS, SEATTLE SOCCER, LLC dba SEATTLE SOUNDERS FC has land use approval for the Sounders FC Center at Longacres 1901 Oaksdale Ave SW (LUA22-000357). The proposal includes the use of a portion of an existing office building for Sounders FC office space and indoor training facilities and associated activities, outdoor recreation facilities including five (5) full-size soccer fields a Goal Keepers Field and accessory structures, and reconfiguration of and existing surface parking lot; WHEREAS, a Category II wetland was identified to the northwest of the project site, a Category II wetland has a standard buffer of 100 feet for low impact land uses and 150 feet for AGENDA ITEM # 8. b) RESOLUTION NO. _______ 2 all other land uses, and provides a significant challenge for developing the soccer fields necessary for the Sounders FC Center; WHEREAS, due to unavoidable construction impacts, the Project will impact 16,331 square feet (0.3749 acres) of the Category II wetland buffer; WHEREAS, although on-site wetland mitigation is the preferred mitigation method pursuant to the Renton Municipal Code, the Seattle Sounders determined such a method to be infeasible due to the lack of suitable areas that would still allow for the soccer fields required for a professional soccer team; and WHEREAS, as an alternative to on-site mitigation, the Seattle Sounders proposed as part of its land use application, fill activity within the wetland buffer that results in unavoidable indirect impacts to 0.3749 acre(s) of Category II wetlands and purchase 0.1875 credits from the SMB; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into a Mitigation Credit Purchase Agreement and Acknowledgement with Seattle Sounders FC, attached hereto as Exhibit “A” and incorporated by this reference. SECTION II. The City Council hereby authorizes the sale of 0.1875 credits from the SMB for the sum of $247,851.56 in compensation for the Projects anticipated 0.3749 acres of permanent indirect wetland impacts. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2023. AGENDA ITEM # 8. b) RESOLUTION NO. _______ 3 ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2023. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES- CED:1933:3/28/23 AGENDA ITEM # 8. b) SPRINGBROOK CREEK WETLAND MITIGATION BANK  MITIGATION CREDIT PURCHASE AGREEMENT AND  ACKNOWLEDGEMENT  THIS AGREEMENT, dated for reference purposes as __________________________, is by and  between the City of Renton (the “City”), a Washington municipal corporation, and Seattle  Soccer, LLC dba Seattle Sounders FC, a Delaware corporation (“Applicant”). The City and the  Applicant are referred to collectively in this Agreement as the “Parties.” Once fully executed  by the Parties, this Agreement is effective as of the last date signed by both parties.  RECITALS:  WHEREAS, the Springbrook Creek Wetland Mitigation Bank (“SMB”) was established August  8, 2006 through the execution of a Mitigation Bank Instrument (“MBI”) developed by the City  and the Washington State Department of Transportation, and approved by the City, the  Washington State Department of Ecology, the U.S. Environmental Protection Agency, the U.S.  Fish and Wildlife Service, the Federal Highway Administration, and the U.S. Army Corps of  Engineers (the “Corps”). The MBI established guidelines and responsibilities for the  establishment, use, operation, and maintenance of the SMB; and  WHEREAS, the SMB was established to provide compensatory mitigation for unavoidable  adverse impacts to waters of the United States, including wetlands, wetland buffers, and to  aquatic habitat, which result from activities authorized by Federal, State, and local authorities;  and  WHEREAS, pursuant to the provisions and conditions of the MBI governing the SMB, the City  has performed reestablishment, rehabilitation, and enhancement of wetlands, combined with  the enhancement of upland and riparian areas.  In recognition of meeting objectives and  performance standards established through the MBI, the Interagency Review Team (“IRT”)  has released to the SMB mitigation credits for use in compensation for future activities  unavoidably impacting aquatic resources; and  WHEREAS, pursuant to Section 4.3 of the MBI, City is authorized to sell, transfer, or use the  released SMB mitigation credits for its own activities, or for activities undertaken by public or  other private entities; and  Exhibit A to Resolution AGENDA ITEM # 8. b)   PAGE 2 OF 10    WHEREAS, SMB has available mitigation credits, generated through SMB establishment and  released by the IRT pursuant to Sections 4.2 and 4.3 of the MBI, that have not been utilized  by the City, have not been otherwise sold or transferred to third parties, and are active on the  SMB credit ledger maintained pursuant to Section 4.4 of the MBI.  These credits are available  to utilize in the SMB service area, portions of Water Resource Inventory Areas (WIRAs ) 8 and  9, as defined in Section 1.3 of the MBI; and  WHEREAS, Applicant is proposing the construction of the Sounders FC Center at Longacres at  1901 Oaksdale Ave SW Ave NE, more fully described in paragraph 4 below (hereinafter the  “Project”).  The purpose of the Project is to provide a new training center and headquarters  for Sounders FC.  Unico Longacres South Building LLC, Unico Longacres South Campus Land  LLC, and Unico Longacres Central Drainage LLC own the Project Site, which is leased and will  be operated and maintained by the Applicant; and  WHEREAS, City acted as lead agency for the State Environmental  Policy Act (SEPA) Review for  the Project and on December 5, 2022, issued a Determination of Non‐Significance – Mitigated  (DNS‐M) for the Project with certain mitigation measures.  a. Construction on the project site shall comply with the recommendations of the  submitted Geotechnical Report, prepared by GeoEngineers, dated June 23,  2022.  b. The applicant’s geotechnical engineer shall review the project’s construction  plans for the new fields and the building permit plans for the proposed  maintenance building and elevated patio addition to verify compliance with the  submitted geotechnical report. The geotechnical engineer shall submit a sealed  letter stating that he/she has reviewed the construction and building permit  plans and in their opinion the plans and specifications meet the intent of the  report.  c. The artificial turf field program, including field design, construction and  operation, together with stormwater management and water quality  treatment for drainage from the artificial turf fields, shall assure that the field  materials do not result in a probable adverse environmental impact on fish and  wildlife. The proposed water quality treatment facility shall be a Filterra  Bioscape facility sized to treat the 2‐year storm event or equivalent as  approved by the City and the applicant shall undertake quarterly water quality  tests of field drainage, during the life of the field or for a five (5) year‐period,  whichever comes first. The applicant will submit a monitoring protocol to test  AGENDA ITEM # 8. b)   PAGE 3 OF 10    for SBR Crumb Rubber constituents of concern in field drainage for City  approval.  d. When the fill within the synthetic turf athletic fields is replaced, the applicant  shall be required to go through a new Environmental Review.  e. The applicant shall demonstrate that the proposed underground storage  chambers, to be utilized for compensatory storage, would not have an adverse  impact on salmonids and would ensure that salmonids would not get trapped  within the proposed underground storage chambers.  f. The applicant shall follow the Department of Ecology guidance for Tacoma  Smelter Plume soil contamination testing and remediation as instructed in the  agency’s letter (Exhibit 15).  g. The applicant shall submit an Inadvertent Discoveries Plan prepared by a  qualified professional with the civil construction permit for review and  approval by the Current Planning Project Manager prior to permit issuance.  WHEREAS, due to unavoidable construction impacts, the Project will impact 16,331 square  feet (0.3749 acres) of Category II wetland buffer. Wetland A is located along the eastern  boundary of the project site and would be classified as a Category II wetland with a moderate  habitat score.  The Project and the impacted wetland buffer fall inside the service area of the  SMB. The SMB is in the immediate region and contains wetland characteristics representative  of the environment of wetlands affected at the project site; and   WHEREAS, the City has determined pursuant to RMC 4‐3‐050 Critical Areas Regulations that  the proposed activity in the Project includes fill in the wetland buffer, which results in  unavoidable indirect impacts to 0.3749 acre(s) of Category II wetlands, as approved and  conditioned in the Hearing Examiner decision issued January 12, 2023 for Land Use Action  Number LUA22‐000357, which decision was not appealed, and that compensatory mitigation  is required; and    WHEREAS, the Applicant has submitted and the City has approved a Wetland Mitigation Plan  that includes the purchase of SMB credits as described in this Agreement, as well as  conducting habitat restoration near the Project Site to remove invasives and plant native  wetland species within the Wetland Enhancement Buffer Area, as described in said Report;  and  AGENDA ITEM # 8. b)   PAGE 4 OF 10    WHEREAS, the Applicant desires to acquire 0.1875 credits from the SMB, to compensate for  the Project’s anticipated 0.3749 acre(s) of indirect wetland impacts applying the adjustment  factor of 0.5 for indirect wetland impact (i.e. wetland buffer impacts) in accordance with  Section 4.3 of the Springbrook Bank Mitigation Banking Instrument; and  WHEREAS, the City desires to sell the Applicant 0.1875 mitigation credits from the SMB; and  WHEREAS, the City and the Applicant desire to enter into this Agreement to set forth the  terms and conditions pursuant to which the sale and transfer of aquatic resource mitigation  credits will be impacted.  AGREEMENT:    NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable  consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby  agree as follows:    1. Purchase/Sale: The City hereby sells to Applicant and Applicant hereby buys from the  City 0.1875 mitigation credits on the terms, covenants, and conditions set forth in this  Agreement.  2. Compensation: The City has determined it to be in the City’s best interest to sell 0.1875  credits from the SMB to Applicant, at the rate of  $1,321,875 per credit adjusted by a  factor of  0.5 for indirect wetland impacts (i.e. wetland buffer impacts), for the total  credit price of $247,851.56. The Applicant shall pay said sum upon execution of this  Agreement.    3. Effective Date: The effective date of the credit transaction shall be the date upon  which this Agreement is fully executed by both Parties, and payment to the City is  made as provided herein.    4. Project: The Project, permit(s), and related information is as follows:  A. Applicant’s Name, Address, Telephone Number, E‐mail Address:   Seattle Sounders FC  406 Occidental Avenue S., Seattle, WA 98104  (206) 512‐1240  mayam@soundersfc.com   AGENDA ITEM # 8. b)   PAGE 5 OF 10    B. Land Use Action Number: LUA22‐000357.  C. Brief Description of Impact(s) to be Compensated for by the Project Mitigation  Credits:  Indirect Impacts to 0.3749 acres of Category II wetland.  D. Other Permits (as applicable): Construction Permit, Building Permit.  Construction Permit Number:  C22005747.  * This Agreement does not relieve the Applicant from obtaining any required  federal, state, or local permits not related to wetland impacts.  5. Responsibility of the Applicant:  Upon delivery of full payment as described above,  the obligations of the Applicant under this Agreement shall be satisfied.    6. Responsibility of the City:   A. The City certifies that sufficient credits are available in the SMB ledger to satisfy  the credit transaction called for in this Agreement. Upon Applicant’s payment of  the full purchase price as set forth in this Agreement, the City will provide the  Applicant with a receipt for the Applicant’s purchase of 0.1875 credits from the  SMB.   B. The City will record the transaction in the SMB ledger and make applicable  notifications and reports to the members of the IRT, pursuant to Section 4.4 of the  MBI.  C. Pursuant to 33 Code of Federal Regulations §332.3(l)(3), the City and its successors  and assigns, accept responsibility for providing mitigation in compensation for  aquatic resource function loss, equivalent to 0.1875 mitigation credits generated  through the establishment, management, and maintenance of the SMB, upon the  effective date of the credit transaction provided for under this Agreement.    7. Record Maintenance: The Applicant shall maintain accounts and records, which  properly reflect all direct and indirect costs expended and work provided in the  performance of this Agreement and retain such records for as long as may be required  by applicable Washington State records retention laws. The Applicant agrees to  provide access to and copies of any records related to this Agreement as required by  the City to audit expenditures and charges and/or to comply with the Washington  AGENDA ITEM # 8. b)   PAGE 6 OF 10    State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall  survive the expiration or termination of this Agreement.    8. Public Records Compliance: To the full extent the City determines necessary to comply  with the Washington State Public Records Act, Applicant shall make a due diligent  search of all records in its possession or control relating to this Agreement and the  Project, including, but not limited to, e‐mail, correspondence, notes, saved telephone  messages, recordings, photos, or drawings and provide them to the City for  production. In the event Applicant believes said records need to be protected from  disclosure, it may, at Applicant’s own expense, seek judicial protection. Applicant shall  indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees,  attendant to any claim or litigation related to a Public Records Act request for which  Applicant has responsive records and for which Applicant has withheld records or  information contained therein, or not provided them to the City in a timely manner  after notice of the request from the City to Applicant. Applicant shall produce for  distribution any and all records responsive to the Public Records Act request in a timely  manner, unless those records are protected by court order. The provisions of this  section shall survive the expiration or termination of this Agreement.    9. Successors and Assigns: N/A     10. Notices: Except for service of legal process, any notice required under this Agreement  will be in writing, addressed to the appropriate Party at the address which appears  below (as modified in writing from time to time by such Party), and given personally,  by registered or certified mail, return receipt requested, by email, or by nationally  recognized overnight courier service. Time period for notices shall be deemed to have  commenced upon the date of receipt, EXCEPT email delivery will be deemed to have  commenced on the first business day following transmission. Telephone may be used  for purposes of administering the Agreement but should not be used to give any  formal notice required by the Agreement.    CITY OF RENTON    Jill Ding  1055 South Grady Way  Renton, WA 98057  Phone: (425) 430‐6598  jding@rentonwa.gov  APPLICANT  Seattle Sounders FC  Name:_Maya Mendoza‐Exstrom   Title: Chief Operating Officer   Address: 406 Occidental Avenue S.   Seattle, WA 98104  AGENDA ITEM # 8. b)   PAGE 7 OF 10     Phone:_(206) 512‐1240  E‐mail Address:  mayam@soundersfc.com     And Copy to City Clerk    And Copy to:  cityclerk@rentonwa.gov    Hillis Clark Martin & Peterson, P.S.         Attn: Ann Gygi         999 3rd Avenue, Suite 4600         Seattle, WA 98104         Email: ann.gygi@hcmp.com    11. Other Provisions:  A. No Interest in Property:  This Agreement shall not be construed as a transfer of any  interest in property, real or personal, from one Party to the other.  B. Effect of Agreement:  This Agreement does not in any manner affect the statutory  authorities and responsibilities of the Parties.  This Agreement is not intended, nor  may it be relied upon, to create any rights or remedies in third parties enforceable  in litigation with the United States, the State of Washington, or any agency thereof.  C. Approval Authority. Each individual executing this Agreement on behalf of the City  and Applicant represents and warrants that such individuals are duly authorized to  execute and deliver this Agreement on behalf of the City or Applicant.    D. General Administration and Management. The City’s project manager is Jill Ding,  Senior Planner, Community and Economic Development Department.     E. Amendment and Modification. This Agreement may be amended only by an  instrument in writing, duly executed by both Parties.    F. Conflicts. In the event of any inconsistencies between Applicant proposals and this  Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments  to this Agreement are incorporated by reference only to the extent of the purpose  for which they are referenced within this Agreement. To the extent an Applicant  prepared exhibit conflicts with the terms in the body of this Agreement or contains  terms that are extraneous to the purpose for which it is referenced, the terms in  the body of this Agreement shall prevail and the extraneous terms shall not be  incorporated herein.  AGENDA ITEM # 8. b)   PAGE 8 OF 10      G. Governing Law. This Agreement shall be made in and shall be governed by and  interpreted in accordance with the laws of the State of Washington and the City of  Renton.     H. Joint Drafting Effort. This Agreement shall be considered for all purposes as  prepared by the joint efforts of the Parties and shall not be construed against one  party or the other as a result of the preparation, substitution, submission or other  event of negotiation, drafting or execution.    I. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce  or interpret this Agreement or any of its terms or covenants shall be brought in the  King County Superior Court for the State of Washington at the Maleng Regional  Justice Center in Kent, King County, Washington, or its replacement or  successor.  Applicant hereby expressly consents to the personal and exclusive  jurisdiction and venue of such court even if Applicant is a foreign corporation not  registered with the State of Washington.    J. Severability. A court of competent jurisdiction’s determination that any provision  or part of this Agreement is illegal or unenforceable shall not cancel or invalidate  the remainder of this Agreement, which shall remain in full force and effect.    K. Sole and Entire Agreement. This Agreement contains the entire agreement of the  Parties and any representations or understandings, whether oral or written, not  incorporated are excluded.    L. Time is of the Essence. Time is of the essence of this Agreement and each and all  of its provisions in which performance is a factor.     M. Third‐Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be  construed to give any rights or benefits in the Agreement to anyone other than the  Parties, and all duties and responsibilities undertaken pursuant to this Agreement  will be for the sole and exclusive benefit of the Parties and no one else.    N. Binding Effect. The Parties each bind themselves, their partners, successors,  assigns, and legal representatives to the other Party to this Agreement, and to the  partners, successors, assigns, and legal representatives of such other party with  respect to all covenants of the Agreement.  AGENDA ITEM # 8. b) PAGE 9 OF 10 O.Waivers. All waivers shall be in writing and signed by the waiving party. Either Party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Applicant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. P.Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Q.Recording. A Notice of Wetland Mitigation Credit Sales in substantially the same or similar form as that attached hereto as Exhibit A shall be recorded with the King County Recorder’s office. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ APPLICANT By:____________________________ Armondo Pavone Mayor Name:Maya Mendoza-Exstrom Title: COO _____________________________ Date 3/15/2023_________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form AGENDA ITEM # 8. b) PAGE 10 OF 10 By: __________________________  Shane Moloney  City Attorney  SMB NS  Contract Template Updated CLB 2/15/23 (939)  AGENDA ITEM # 8. b) Page 1 After recording return document to: City of Renton City Clerk’s Office 1055 South Grady Way Renton, WA 98057 Grantor(s): City of Renton, a Washington municipal corporation Grantee(s): Seattle Soccer, LLC, a Delaware corporation Abbreviated Legal Description: PTN NW1/4 of Section 30, T23N, R5E,WM; and PTN NE1/4 and SE1/4 of Section 25, T23N, R4E,WM; and PTN NW1/4 of Section 36, T23N, R4E,WM Full Legal Description on Page(s) Exhibit A of document Assessor’s Tax Parcel Number: 1253810090, 2523049004, 2523049019, 3623049002, and 1253810240 Reference Number of Related Documents: N/A NOTICE OF WETLAND MITIGATION CREDIT SALES SPRINGBROOK CREEK WETLAND MITIGATION BANK NOTICE IS HEREBY GIVEN that on ________________________ the City of Renton, owner of the Springbrook Creek Wetland Mitigation Bank, transferred zero point one eight seven five (0.1875) of a wetland mitigation credit to Seattle Soccer, LLC dba Seattle Sounders FC. No Interest in Property: The transfer of wetland mitigation credit(s) as contemplated herein shall not be construed as a transfer of any interest in property, real or personal, from the City of Renton to Seattle Soccer, LLC dba Seattle Sounders FC. Project Name and Location: Approximately 30-acre Sounders FC Center at Longacres at 1901 Oaksdale Ave SW, Renton, WA 98057. These credits are to be applied to the following permit/project: Issuing Regulatory Agency: City of Renton Issue Date: January 12, 2023 Permit/Project No.: LUA22-000357 Exhibit A - Notice of Wetland Mitigation Credit Sales AGENDA ITEM # 8. b) Page 2 Dated: , 2023. Grantor: City of Renton By Armondo Pavone Its Mayor ATTEST: ________________________________________ Jason A. Seth, City Clerk AGENDA ITEM # 8. b) Page 3 EXHIBIT A Legal Description Springbrook Creek Wetland and Habitat Mitigation Bank as established and described on that certain Lot Line Adjustment LUA-06-095-LLA, recorded under King County recording number 20060824900007; Except therefrom any land transfers that have occurred since the Lot Line Adjustment recording. AGENDA ITEM # 8. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VIII OF THE RENTON MUNICIPAL CODE BY ADDING CHAPTER 9, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 2022, the Washington state legislature passed, and Governor Jay Inslee signed, House Bill 1799, which included a requirement for cities with a population greater than 25,000 to adopt a compost procurement ordinance; and WHEREAS, King County has a goal to achieve zero waste of resources by 2030, as stated in the 2019 Comprehensive Solid Waste Management Plan; and WHEREAS, the City of Renton adopted the King County 2019 Comprehensive Solid Waste Management Plan; and WHEREAS, diverting organic material from landfills and supporting end markets for products made from those materials is an essential part of reaching King County’s zero waste of resources goal and the City’s own sustainability goals; and WHEREAS, landfilling organic materials reduces capacity at the Cedar Hills Regional Landfill; and WHEREAS, compost, when applied to soil, helps retain moisture and reduces the potential for erosion and need for fertilizers; and WHEREAS, the City will incorporate the new compost procurement requirements into the City’s standard design details by 2024; and WHEREAS, the City encourages private developers to adopt similar standards. AGENDA ITEM # 8. c) ORDINANCE NO. ________ 2 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 or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Title VIII of the Renton Municipal Code is amended to add chapter 9, entitled Compost Procurement, to read as follows: Chapter 9 Compost Procurement SECTION: 8-9-1: Purpose 8-9-2: Definitions 8-9-3: Compost Procurement Requirements 8-9-4: Outreach Requirements 8-9-5: Reporting Requirements 8-9-6: Private Developers 8-9-1 PURPOSE: In 2022, the Washington state legislature passed, and Governor Jay Inslee signed, House Bill 1799, which included a requirement for cities with a population greater than 25,000 to adopt a compost procurement ordinance. 8-9-2 DEFINITIONS: COMPOST: Whenever used in this section, compost is defined as a product created with “composted material” as defined in RCW 70A.205.015(3). Compost includes, but is not limited to, one hundred percent (100%) finished compost or AGENDA ITEM # 8. c) ORDINANCE NO. ________ 3 blends that include compost as a primary ingredient. Mulch is compost if it contains a minimum of sixty percent (60%) composted material. Bark and wood chips are not “compost.” 8-9-3 COMPOST PROCUREMENT REQUIREMENTS: A. The City shall plan for the use of compost in the following categories: 1. Landscaping projects. 2. Construction and post-construction soil amendments. 3. Applications to prevent erosion, filter stormwater runoff, promote vegetation growth, or improve the stability and longevity of roadways. 4. Low-impact development and green infrastructure to filter pollutants or keep water on-site, or both. This planning will be re-assessed each January of odd-numbered years, beginning in 2025 and thereafter, as part of the reporting obligations in Section 8-9-5. Before issuing a solicitation for bids or proposals, the City shall identify whether compost can be utilized in the project. If compost can be utilized, the City shall use compost to the extent required. B. The City shall give priority to purchasing compost products from companies that: 1. Produce compost products locally. 2. Are certified by the US Composting Council or an equivalent nationally recognized organization. AGENDA ITEM # 8. c) ORDINANCE NO. ________ 4 3. Produce compost products that are derived from Renton’s solid waste programs and meet quality standards comparable to standards adopted by the Washington State Department of Transportation or adopted by rule by the Washington State Department of Ecology. C. The City is not required to use compost if 1. Compost is not available within a reasonable time or distance from the project. 2. Compost that is available does not comply with existing purchasing standards. 3. Compost that is available does not comply with federal, state or local health, quality or safety standards. 4. Compost purchase prices are not reasonable or competitive. 5. Compost use is not applicable to the project based on the Renton Surface Water Design Manual or other laws, regulations or manuals. 8-9-4 OUTREACH REQUIREMENTS: A. The City must develop strategies to inform residents about the value of compost and how the City uses compost in its operations. B. The City encourages private developers to utilize the standards of this chapter. 8-9-5 REPORTING REQUIREMENTS: The City must submit a report to the Washington State Department of Ecology by December 31, 2024, and each December 31st of even-numbered years thereafter, with the following information: AGENDA ITEM # 8. c) ORDINANCE NO. ________ 5 1. The total tons of organic material diverted from landfills throughout the year. 2. The volume, cost, and source(s) of compost purchased by the City throughout the year. The Public Works Administrator will designate who shall be responsible for collecting the information from other city departments and divisions and reporting the above information to the Washington State Department of Ecology. 8-9-6 PRIVATE DEVELOPERS: Reserved. SECTION III. 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. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of 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 thirty (30) days after adoption. No later than five (5) days prior to such effective date, a summary consisting of this ordinance's title shall be published in the City's official newspaper. AGENDA ITEM # 8. c) ORDINANCE NO. ________ 6 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2023. __________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2023. __________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-PW: 2259: 3.10.23 AGENDA ITEM # 8. c)