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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, January 6, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. SWEARING-IN CEREMONY
a) Judge Charles Delaurenti: Armondo Pavone, Mayor
b) Michael O'Halloran: Valerie O'Halloran, Council Position No. 3
c) Stefanie McIrvin: Ryan McIrvin, Council Position No. 4
d) Judge LeRoy McCullough: Ed Prince, Council Position No. 5
e) Former State Representative Velma Veloria: Kim-Khánh Vǎn, Council Position No. 7
4. ADMINISTRATIVE REPORT
5. AUDIENCE COMMENTS
• All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow‐up.
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed five minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of December 9, 2019.
Council Concur
b) AB - 2542 Community Services Department recommends approval of the Parks Property
Tax Levy Agreement, with King County, in order to receive approximately $326,000 in
grant funds per year for the years 2020-2025.
Refer to Finance Committee
c) AB - 2544 Community Services Department recommends approval of a time extension to
December 31, 2025, effectuated via Addenda #2-19 and #3-19, to CAG-09-185, contractor
King County, in order to complete work related to King County's clearing/grading and
associated building permit applications for improvements to the Soos Creek Trail.
Council Concur
d) AB - 2546 Community Services Department recommends hiring a Capital Project
Coordinator/Park Planning at Step D of salary grade a28, effective January 16, 2020.
Refer to Finance Committee
e) AB - 2547 Community Services Department recommends approval of a grant agreement
with the State Department of Commerce, in order to receive $605,640 in grant funds for
the Gene Coulon Memorial Beach Park Play Equipment Replacement project.
Refer to Finance Committee
f) AB - 2550 Community Services Department recommends approval of the proposed May
Creek Corridor acquisition, and authorize the execution of a Purchase and Sales
Agreement with the property owner in the amount of $625,000.
Refer to Finance Committee
g) AB - 2551 Community Services Department recommends approval of a Professional
Services Agreement, with Davey Resource Group, Inc., in the amount of $134,400 for
consulting arborist services for 2020.
Refer to Finance Committee
h) AB - 2554 Transportation Systems Division submits CAG-19-146, contractor Tony Lind
Paving, LLC, and requests acceptance of the project and authorization to release
retainage in the amount of $29,629.92 after 60 days, after all State releases are obtained.
Council Concur
i) AB - 2549 Transportation Systems Division recommends approval to execute the 2-year
Transportation Demand Management Implementation Agreement, with the Washington
State Department of Transportation, in order to receive up to $81,272 per year for cost
reimbursement for the implementation of the City's Commute Trip Reduction (CTR)
program.
Refer to Finance Committee
j) AB - 2545 Utility Systems Division recommends approval of an agreement with King
County Flood Control District to accept $125,000 in grant funds for the Monroe Ave NE
Storm System Improvement project.
Refer to Utilities Committee
k) AB - 2539 Utility Systems Division submits CAG-19-209, contractor Nordvind Sewer
Service, LLC, and requests acceptance of the project and release of retainage bond after
60 days, once all of the required releases from the State have been obtained.
Council Concur
l) AB - 2552 Utility Systems Division recommends approval of an agreement with Carollo
Engineers, in the amount of $299,066, for engineering services for the 2019-2020 Sanitary
Sewer Rehabilitation and 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) Community Services Committee: River Rock Lease Extension
b) Finance Committee: Vouchers, Kiwanis Park Site Improvements; Gene Coulon Memorial
Beach Park Trestle Bridge Replacement; Gene Coulon Memorial Beach Park North
Waterwalk
c) Transportation Committee: Airport Master Plan Amendment; Crescent Capital Lease
Agreement; RAAC Appointment
8. LEGISLATION
Resolution:
a) Resolution No. 4396: Amending Council Policy 800-10
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
a) Council Position No. 2 Vacancy
9. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
CANCELLED
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
December 9, 2019 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES ‐ City Council Regular Meeting
7:00 PM ‐ Monday, December 9, 2019
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Don Persson, Council President
Randy Corman
Armondo Pavone
Valerie O'Halloran
Ryan McIrvin
Ed Prince
Ruth Pérez
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Robert Harrison, Chief Administrative Officer
Alex Tuttle, Assistant City Attorney
Jason Seth, City Clerk
Ellen Bradley‐Mak, HRRM Administrator
Chip Vincent, Community & Economic Development Administrator
Gregg Zimmerman, Public Works Administrator
Kelly Beymer, Community Services Administrator
Kim Gilman, HR Labor Manager
Commander Dave Leibman, Police Department
PROCLAMATION
a) Don Persson Day: A proclamation was read declaring December 9, 2019 to be Don Persson
Day in the City of Renton, encouraging all members of the community to join in this special
observation. Don Persson, Council President, accepted the proclamation with appreciation.
AGENDA ITEM #6. a)
December 9, 2019 REGULAR COUNCIL MEETING MINUTES
MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Robert Harrison reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2019 and beyond. Items noted were:
Inclement Weather Response Reminder: With more cold weather on the way, the
Public Works Department will be out applying deicer to major arterials. Also, snow is
not far away. It is imperative that motorists do not park or abandon their vehicles
within any portion of the traffic lanes. Abandoned vehicles impair snow and ice
removal, impact response of emergency vehicles and may be towed. Please
remember that during snow and ice events the department sanders and snow plows
are dispatched to keep major arterials drivable. Visit our website to view our deicing
and snow route maps.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
Jason Collins, Renton, spoke on a number of issues.
Maria Chavez, Renton, spoke about regulations regarding living in Recreational
Vehicles (RVs). Councilmember Corman asked staff to follow‐up with Ms. Chavez as
this issue is currently being worked on by the Community and Economic Development
Department.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of November 25, 2019. Council Concur.
b) AB ‐ 2541 Mayor Law appointed Ms. Josephine Medenilla Bayan to the Renton Airport
Advisory Committee, Benson Hill Neighborhood, primary position, for a term expiring on May
7, 2022. Refer to Transportation (Aviation) Committee.
c) AB ‐ 2538 City Clerk submitted King County's Certification Letter for the November 5, 2019
General Election. The results are as follows: MAYOR ‐ Armondo Pavone 10,915 votes, 52.95%
‐ ELECTED, Marcie Maxwell 9,616 votes, 46.65%; COUNCIL POSITION NO. 3 ‐ Valerie
O'Halloran 9,605 votes, 50.94% ‐ ELECTED, James Alberson 9,187 votes, 48.72%; COUNCIL
POSITION NO. 4 ‐ Ryan McIrvin 12,787 votes, 69.31% ‐ ELECTED, Maria Spasikova 5,599 votes,
30.35%; COUNCIL POSITION NO. 5 ‐ Ed Prince 14,685 votes, 98.29% ‐ ELECTED; COUNCIL
POSITION NO. 7 ‐ Kim‐Khánh Vǎn 12,237 votes, 65.54% ‐ ELECTED, Thomas Trautmann 6,387
votes, 34.21%. None; Information Only.
AGENDA ITEM #6. a)
December 9, 2019 REGULAR COUNCIL MEETING MINUTES
d) AB ‐ 2534 City Clerk submitted the 10% Notice of Intent to Petition for Annexation for the
proposed Graves Annexation, 12.9 acres bordered approximately to the north by NE 4th St/SE
128th St, to the east by SE 156th St, to the west by 162nd Ave SE, and to the south by parcel
lines and SE 130th St (if extended), and recommended that a Public Meeting with the Initiator
be set for January 13, 2020 to consider the petition. Council Concur; Set Public Meeting on
1/13/2020.
e) AB ‐ 2513 Community Services Department recommended approving an agreement with
REACH (Renton Ecumenical Association of Churches), in the amount of $120,000 per year in
operational funding for two years, to support REACH operations including increasing staffing
levels and providing needed resources to assist vulnerable residents with stable and safe
housing. Council Concur.
f) AB ‐ 2526 Community Services Department recommended execution of an agreement with
Bruce Dees & Associates, in the amount of $364,045, for site improvement design and
construction administration support services for the Kiwanis Park Site Improvements project.
Refer to Finance Committee.
g) AB ‐ 2536 Community Services Department requested authorization to execute a King County
Veteran's, Seniors and Human Services (VSHSL) Expanded Senior Hub Award agreement,
subject to approval as to form by the City Attorney, in order to accept $90,000 in order to hire
a consultant to assist Renton in becoming a World Health Organization/AARP designated Age
Friendly City to better serve the City's diverse older adult community. Council Concur.
h) AB ‐ 2537 Community Services Department recommended authorizing execution of a Lease
Amendment to LAG‐15‐002, with Northwest Restaurant Experience dba RiverRock Grill and
Alehouse, to extend the current lease to the end of 2027, with an option to extend an
additional six (6) years upon mutual agreement of the parties. Refer to Community Services
Committee.
i) AB ‐ 2528 Community Services Department requested authorization to execute an agreement
with WSP USA, Inc., in the amount of $341,400, for design and construction administration
support services for the Gene Coulon Memorial Beach Park Trestle Bridge Replacement
project. Refer to Finance Committee.
j) AB ‐ 2529 Community Services Department requested authorization to execute an agreement
with PND Engineers, Inc., in the amount of $285,783, for design and construction
administration support services for the Gene Coulon Memorial Beach Park North Waterwalk
Improvements project. Refer to Finance Committee.
k) AB ‐ 2527 Police Department recommended execution of Addendum 1, to CAG‐10‐160,
Interlocal Agreement with Valley Swat Member Jurisdictions, in order to add the City of Des
Moines as a participating jurisdiction. Council Concur.
l) AB ‐ 2530 Public Works Administration requested authorization to purchase one Kenworth
T470 truck with dump bed assembly, in the estimated amount of $187,178, using State bid
contract 081716‐KTC. The funds for the purchase were included in the 2019/2020 Biennium
Budget. Council Concur.
m) AB ‐ 2532 Transportation Systems Division requested authorization to execute Amendment
No. 8 to CAG‐14‐126, with Mead and Hunt, Inc., in the amount of $214,366, for additional
work related to the Airport Master Plan. Refer to Transportation (Aviation) Committee.
AGENDA ITEM #6. a)
December 9, 2019 REGULAR COUNCIL MEETING MINUTES
n) AB ‐ 2533 Transportation Systems Division submitted CAG‐18‐001, NE 31st Street Bridge
Replacement project, contractor Hamilton Construction Co., and recommended approval of
the project and authorization to release the contract bond after 60 days, once all required
State releases have been obtained. Council Concur.
o) AB ‐ 2540 Transportation Systems Division requested authorization to execute a three‐year
lease with Crescent Capital VIII, LLC, generating approximately $123,972.48 in revenue
annually, for land and building components at the Renton Municipal Airport. Refer to
Transportation (Aviation) Committee.
MOVED BY PRINCE, SECONDED BY PERSSON, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Committee of the Whole ‐ Chair Persson presented a report recommending Council revise the
Council Vacancy policy as outlined (see agenda packet). The Committee further recommended
that the resolution regarding this matter be presented at the next Council Meeting.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to
approve the following payments:
1. Accounts Payable – total payment of $6,421,756.02 for vouchers, 379362‐379371,
379384‐379593 payroll benefit withholding vouchers 6165‐6173, 112519, 379372‐
379383 and eight wire transfers.
2. Payroll – total payment of $1,488,132.79 for payroll vouchers which includes 674 direct
deposits and 15 checks (11/01/19‐11/15/19 pay period).
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to
authorize the Mayor and the City Clerk to execute the agreement with Hough Beck & Baird, Inc.
in the amount of $392,828.67 for design and construction administration services for site
improvements to Philip Arnold Park. The project will be funded from bond proceeds in the
Capital Improvement Program Fund (316.332058.020.594.76.63.000).
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to
authorize staff to compensate Joseph Nerlfi as a Construction Inspector at Step D of Grade a21
effective December 2, 2019.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
December 9, 2019 REGULAR COUNCIL MEETING MINUTES
e) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to
approve allocations for the 2020 Lodging Tax Fund as recommended by the Lodging Tax Advisory
Committee as follows:
• Renton Chamber of Commerce, Operation of Visitor Center operations: $150,000
• Renton Community Marketing Campaign: $75,000
• Randall Morris Foundation for Youth, Celebrity golf tournament: $40,000
• City of Maple Valley, Ironman 2020: $25,000
• LTAC selected community event sponsorships: $22,500
• DAWA Project, NW Naturals Expo: $20,000
• Ravishing Women Festival: $20,000
• Renton Downtown Partnership, Downtown Marketing package: $15,000
Total Recommendation: $367,500
The Committee further recommended authorization for the Mayor and City Clerk to execute
contracts with the successful applicants to expend budgeted funds on the proposed additional
marketing initiatives.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
f) Transportation Committee Chair McIrvin presented a report concurring in the staff
recommendation to adopt the Landside Leasing Supplement to the Airport Leasing Policies. The
Committee further recommended that the resolution regarding this matter be presented for
reading and adoption.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Resolutions:
a) Resolution No. 4394: A resolution was read authorizing the Mayor and City Clerk to enter into
Addendum 1 to the Interlocal Cooperative Agreement between Auburn, Federal Way, Kent,
Renton, Tukwila, and the Port of Seattle for the creation of the Valley Special Weapons and
Tactics Team, admitting the City of Des Moines as a member of the Valley Special Weapons
and Tactics (Swat) Team.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
b) Resolution No. 4395: A resolution was read adopting the Airport Landside Leasing Policy.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
Ordinances for second and final reading:
c) Ordinance No. 5956: An ordinance was read amending 4‐1‐220.D.2 of the Renton Municipal
Code, modifying project eligibility requirements to qualify for an exemption from property
taxation, providing for severability, and establishing an effective date.
AGENDA ITEM #6. a)
December 9, 2019 REGULAR COUNCIL MEETING MINUTES
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
d) Ordinance No. 5957: An ordinance was read amending subsection 4‐1‐190.G of the Renton
Municipal Code, amending Impact Fee Regulations, providing for severability, and establishing
an effective date. #D‐162
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
e) Ordinance No. 5958: An ordinance was read revising regulations related to street trees, by
amending subsections 4‐4‐070.A, 4‐4‐070.B, 4‐4‐070.D, 4‐4‐070.F.2, 4‐4‐070.G.2, and 4‐4‐
130.H.9.D; sections 9‐15‐1, 9‐15‐2, and 9‐15‐3; the definition of "Drip Line" in section 4‐11‐
040; and Chapter 9‐13, of the Renton Municipal Code; adding definitions of "Arborist, City" to
Section 4‐11‐010, and "Planting Strip" to 4‐11‐160, of the Renton Municipal Code; providing
for severability; and establishing an effective date. #D‐166
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
f) Ordinance No. 5959: An Ordinance was read amending subsections 4‐4‐080.G and 4‐9‐
240.D.1 of the Renton Municipal Code, and adding Sections 4‐4‐085 and 4‐9‐105 to the
Renton Municipal Code, regulating Vehicle Parking on Residentially Zoned Property, providing
for severability, and establishing an effective date. #D‐167
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
g) Ordinance No. 5960: An Ordinance was read amending Renton Municipal Code subsections
4‐2‐060.D, 4‐2‐080.A.7, 4‐2‐110.A, 4‐2‐110.B, 4‐2‐110.C, 4‐2‐110.D, 4‐2‐110.E, 4‐2‐110.F, 4‐3‐
110.E.5.A.I, 4‐4‐080.E.2.A, 4‐4‐080.E.2.E, and 4‐4‐080.F.10.D; Chapter 4‐2; and Section 4‐9‐
030; by amending Accessory Dwelling Unit (ADU) development standards, including adding a
new Section 4‐2‐116 Regulating ADU Design Standards, amending Parking Standards relating
to ADUs, adding a new Subsection 4‐9‐030.H regulating ADU Decision Criteria; providing for
severability; and establishing an effective date. #D‐165
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
Council President Persson acknowledged receipt of Councilmember Pavone's letter of
resignation, effective January 1, 2020.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL ACCEPT COUNCILMEMBER
PAVONE'S LETTER OF RESIGNATION, EFFECTIVE JANUARY 1, 2020. CARRIED.
ADDED PROCLAMATION ‐ DENIS LAW DAY ‐ A proclamation was read declaring December 9,
2019 to be Denis Law Day in the City of Renton, encouraging all members of the community
to join in this special observation. Mayor Law accepted the proclamation with appreciation.
AGENDA ITEM #6. a)
December 9, 2019 REGULAR COUNCIL MEETING MINUTES
Councilmember Corman remarked that he and Councilmember McIrvin attended a recent
Regional Trails Coalition meeting. He noted that the purpose of the meeting was to ask
regional partners to pledge support to the new organization so that its partners could work
collectively to promote improvements to regional trails.
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL REFER THE ISSUE OF
SUPPORTING THE REGIONAL TRAIL COALITION TO THE COMMUNITY SERVICES
COMMITTEE. CARRIED.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADJOURN. CARRIED. TIME:
7:48 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
Monday, December 9, 2019
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
December 9, 2019
December 16, 23 and 30, 2019
Monday
NO MEETINGS COUNCIL HOLIDAY
January 6,2020
Monday
4:30 PM Finance Committee, Chair Pavone, Council Conference Room
1 . Professional Services Agreement for Kiwanis Park
2. Professional Services Agreement for Coulon Park Bridge Replacement
3. Professional Services Agreement for Coulon Park North Waterwalk
4. Vouchers
5. Emerging Issues in Finance
5:30 PM Transportation Committee, Chair Mclrvin - Council Conference Room
1 . Airport Master Plan Amendment
2. Crescent Capital Lease Agreement
3. RAAC Appointment
4. Emerging Issues in Transportation
5:00 PM Community Services Committee, Chair O'Halloran - Council Conference Room
1 . River Rock Lease Extension
2. Emerging Issues in Community Services
CANCELLED Committee of the Whole, Chair Persson - Conferencing Center
AGENDA ITEM #6. a)
AB - 2542
City Council Regular Meeting - 06 Jan 2020
SUBJECT/TITLE: King County Parks Property Tax Levy Agreement - Proposition I
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director
EXT.: 6619
FISCAL IMPACT SUMMARY:
Receipt of levy proceeds in the amount of $326,000 commencing in 2020 and extending through 2025. The
levy will be annually adjusted for inflation beginning in 2021 and the estimated total distribution is
$1,944,000. Fund distribution will occur semi-annually and will be accounted for in the Capital Improvement
Fund (316 Fund), separately from the 2013 Proposition 1 levy distributions.
SUMMARY OF ACTION:
On August 6, 2019, King County voters approved Proposition 1 providing funding to maintain and operate King
County's open space system; improve parks, recreation, access and mobility in King County; improve parks and
trails in local jurisdictions; fund education, maintenance and conservation programs at the Woodland Park
Zoo; fund capital construction at the Seattle Aquarium; and fund capital improvements at publicly owned
pools. This 18.32 cent six-year levy is expected to generate $114,703,035 in revenue in 2020. Approximately
eight percent of the total County Levy Proceeds collected, $8.4 million, will be distributed to the thirty -nine
cities in King County. Assessed valuation and population will be utilized as the basis for calculating each city's
allocation. In addition, King County will deduct an administrative fee related to the distribution of the Levy
Proceeds. Renton's estimated distribution has already been reduced by the King County administrative fee.
Distributions will occur through 2025 and be accounted for in the Capital lmprovement Fund (Fund 316). The
contract facilitates the transfer of levy funds and lays out the terms and conditions for managing and
expending levy revenues and annual reporting requirements. The new legislation also in cludes a provision to
inform the King County Council 30 days in advance of major milestones, such as groundbreakings and opening
dates.
EXHIBITS:
A. King County Parks Levy Issue Paper
B. King County Ordinance 18890
C. King County Parks Property Tax Levy Agreement
STAFF RECOMMENDATION:
Approve the parks Property Tax Levy Agreement with King County, authorize the Mayor and City Clerk to sign
the agreements, and adjust the budget as described.
AGENDA ITEM #6. b)
h:\parks planning\parks planning & natural resources director\king county 2019\agreement\legislation\king county
parks levy issue paper.docx
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE: December 12, 2019
TO: Ruth Pérez, Council President
Members of Renton City Council
VIA: Armondo Pavone, Mayor
FROM: Kelly Beymer, Community Services Administrator
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director (x-6619)
SUBJECT: King County Parks Property Tax Levy Agreement - Proposition 1
ISSUE:
Should the City enter into an agreement with King County to receive Proposition 1, Special
Parks Property Tax Levy Funds? Should the Capital Improvement Fund (Fund 316) be
adjusted to reflect receipt of the Levy Funds?
RECOMMENDATION:
City Council authorizes the Mayor and the City Clerk to execute the Special Property Tax Levy
Agreement with King County. Adjust the budget (Fund 316) as described.
BACKGROUND SUMMARY:
On August 6, 2019, King County voters approved Proposition 1, an 18.32-cent, six-year levy;
the levy will be adjusted by inflation in subsequent years. The purpose of the levy fund is for:
Maintaining and operating King County’s open space system;
Improving parks, recreation, access, and mobility in the King County open space
system by acquiring lands and continuing to develop regional trails, improving parks
and trails in and acquiring lands and continuing to develop regional trails;
Improving parks and trails in and acquiring lands by metropolitan parks districts,
towns, and cities in King County;
Funding environmental education, maintenance, and conservation programs at the
Woodland Park Zoo;
Funding capital construction at the Seattle Aquarium; and
Funding for capital improvements at publicly owned pools.
The 2020-2025 Proposition 1 is the third six-year King County voter approved levy. The first
six-year levy was passed in 2007, (Proposition 2) and the second was passed in 2013
(Proposition 1). The 2013 King County parks Property Tax Levy Agreement expires
12/31/2019.
AGENDA ITEM #6. b)
Ruth Pérez, Council President and Members of Renton City Council
Subject: King County Parks Property Tax Levy Agreement - Proposition 1
Page 2 of 3
December 12, 2019
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parks levy issue paper.docx
Allocation of Funds
Under Proposition 1 Renton’s share for 2020 will be $326,000 (originally estimated at
$400,000). The annual amount in future years will be adjusted, limiting annual levy increases
by the King County inflation plus population index published by the King County Office of
Economic and Financial Analysis, or the chapter 84.55 RCW limitation, whichever is greater.
Over the six years funds are collected, the approximate distribution to Renton will be
$1,956,000. The basis for calculating each city's allocation is:
Twenty-five thousand dollar ($25,000) distribution annually to each city.
Seventy-five thousand dollar ($75,000) distribution annually to cities with a
population greater than four thousand.
Fifty percent (50%) distribution in proportion to each city’s population derived from
the previous year's statistics.
Fifty percent (50%) distribution in proportion to Assessed Valuation derived from the
previous year’s statistics.
Allowable Expenditures
Levy funding received for open space, natural lands and urban green spaces can be utilized
for:
Open space, natural lands and urban green spaces acquisition;
Capital projects for active recreational uses (athletic fields, sports courts, ballfield turf
projects, etc.);
Capital projects for passive recreational uses (hiking, mountain biking, bird-watching,
etc.);
Capital projects for local trails;
Capital projects for open space lands except if the land is primarily an agricultural use;
agriculture can be one of multiple uses allowed on lands funded by parks levy
proceeds (community garden, pea patch), as long as the primary use allows public
recreation and access;
Other capital projects in parks or recreational facilities.
Administration and Reporting
Levy proceeds may not supplant existing funding; funding pooled across multiple years is
allowed. King County will deduct an administrative fee related to the administration of the
distribution of the Levy Proceeds and funds will be automatically transferred to the City semi-
annually. On or before May 31 of each year throughout the Term of the Agreement, the City
will provide the County with an Annual Report reflecting levy project expenditures. The
distributions will occur through 2025 and be accounted for in the Capital Improvement Fund
(316) separate from the 2013 Proposition 1 funds.
AGENDA ITEM #6. b)
Ruth Pérez, Council President and Members of Renton City Council
Subject: King County Parks Property Tax Levy Agreement - Proposition 1
Page 3 of 3
December 12, 2019
h:\parks planning\parks planning & natural resources director\king county 2019\agreement\legislation\king county
parks levy issue paper.docx
New for this levy is the requirement for the City to notify King County Parks and the King
County Council of major milestones thirty days in advance of such milestone, such as
groundbreakings and opening dates.
Competitive Grant Programs
The County is developing four new competitive grant programs with the Levy funding.
Funding will be available on a biennial basis commencing in 2021 and ending in 2025:
Targeted Equity Grants - $10 million
Aquatic Centers - $44 million (Less $8 million for the King County Aquatic Center)
Integrated Flood Management (Open Space River Corridors) - $22 million
Urban Capital and Open Space - $25 million
Distribution of Excess Funds in the City of Renton
If any (King County) funding cannot be spent on those projects identified for the Eastrail
Corridor during the levy period, the remaining funding will be allocated to trail connections to
the Eastrail Corridor within the City of Renton.
If any (King County) funding cannot be spent on those projects identified for the Lake to
Sound Trail during the levy period, the remaining funding will be allocated to the Soos Creek
Trail project within the City of Renton.
CONCLUSION:
The voters of King County approved a Special Property Tax Levy to expand park and
recreation opportunities. Distributions will occur through 2025. Renton’s share for 2020 will
be $326,000 and over the six years funds are collected, the approximate distribution to
Renton will be $1,956,000. Proceeds will be used for open space, natural lands and urban
green space acquisition and capital projects, local trails capital projects and other city
identified capital projects in parks or recreational facilities. Funding will be accounted for in
the Capital Improvement Fund (316) separate from the 2013 King County Levy – Proposition 1
funds.
cc: Robert Harrison, Chief Administrative Officer
Jan Hawn, Administrative Services Administrator
Kari Roller, Fiscal Services Director
Sean Hollingsworth, Finance Analyst III
Todd Mar, Finance Analyst III
AGENDA ITEM #6. b)
KING COUNTY
Klqgrf,a*rty Signature Report
Ordinance 18890
Proposed No.2019-0084.2 Sponsors Balducci, von Reichbauer, Kohl-
Welles, McDermott and Dembowski
1 AN ORDINANCE providing for the submission to the
z qualified electors of King County at a special election to be
3 held in King County on August 6,2019, of a proposition
4 authorizing a property tax levy in excess of the levy
5 limitation contained in chapter 84.55 RCW for a period of
6 six consecutive years, at atotal rate of not more than
7 $0.1832 per one thousand dollars of assessed valuation in
8 the first year and limiting annual levy increases by the King
9 County inflation plus population index published by the
10 King County office of economic and financial analysis, or
t7 the chapter 84.55 RCW limitation, whichever is greater in
t2 years two through six for the purpose of maintaining and
13 operating King County's open space system; improving
74 parks, recreation, access and mobility in the King County
15 open space system by acquiring lands and continuing to
16 develop regional trails; improving parks and trails in and
t7 acquiring lands by metropolitan parks districts, towns and
18 cities in King County; funding environmental education,
19' maintenance and conservation programs at the Woodland
1200 King County Courthouse
5 16 Third Avenue
Seattle, WA 98104
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AGENDA ITEM #6. b)
Ordinance 18890
ParkZoo; funding capital construction at the Seattle
Aquarium; and funding for capital improvements at
publicly owned pools, for all King County residents.
STATEMENT OF FACTS:
1. King County owns'and operates a system of regional and local parks
and trails that consists of twenty-eight thousand acres of parklands and
more than one hundred seventy-five miles of regional trails. The county
provides regional trails, regional recreational facilities, regional natural
areas, regional parks and local parks in unincorporated areas. Examples of
regional county parks and trails include Marymoor park, Cougar Mountain
Regional Wildland park, the Weyerhaeuser King County Aquatic Center
and the Sammamish River trail.
2. Parks, natural areas and trails contribute to a high quality of life. A
robust system of parks and trails provides physical, social and mental
health benefits to individuals; economic opportunity through recreation
and tourism; economic growth for private businesses that must attract and
retain skilled workers; and environmental benefits and cultural resource
protection through open space conservation. King County's open space
system provides all these benefits to King County residents and
businesses.
3. The 2002Parks Business Transition Plan, adopted by the King County
council and enacted by Ordinance 14509, became the blueprint for
establishing the regional open space system we have today. Building on
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AGENDA ITEM #6. b)
Ordinance 18890
that blueprint, the county has adopted open space plans, which have
provided the framework guiding King County in the acquisition, planning,
development, stewardship, maintenance and management of its complex
system ofparks, regional trails and acres ofopen space. The latest open
space plan was updated in20l6 and adopted by Ordinance 18309.
4. In implementing the open space plan, the parks and recreation division
of the department of natural resources and parks has successfully focused
its lines of business on regional parks and trails, backcountry trails, natural
lands and local parks in unincorporated King County and has implemented
business practices that generate revenue from park system assets by
implementing or increasing user fees and establishing corporate and
community partnerships that enhance park amenities and leverage public
and private dollars to improve parks and increase access to parks.
5. Consistent with the recommendations of past parks-related task forces,
the county has sought voter-approved levies on three prior occasions: in
2003, enacted by Ordinance 14586, to provide maintenance and operating
funding for the parks and recreation division fot 2004 through 2007; in
2007, enacted by ordinance 15759, to provide funding for maintenance
and operations as well as funding for open space acquisition, regional trail
development, the Woodland ParkZoo and for King County towns and
cities for use in their open space acquisition and trail projects for 2008
through 2013; and in 2013, enacted by Ordinance 17568, to provide
funding for maintenance and operations as well as for open space
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AGENDA ITEM #6. b)
Ordinance 18890
acquisition, asset maintenance and improvement, parks and trails projects,
the Woodland Park Zoo and for King County towns and cities to use for
their parks and recreation for 2014 through2019. Voters approved the
funding measures on all three occasions that they were on the ballot. The
voter-approved levies have helped keep the open space system "l.un, ,uf"
and open.
6. The 2014 through2019 voter-approved parks, trails and open space
replacement levy provides approximately eighty percent of the operating
budget of the parks and recreation division, with approximately thirteen
percent generated through business activities and entrepreneurial efforts.
King County general fund support to the parks and recreation division was
eliminated as of 201 1.
7. The community partnerships and grants program enacted by Ordinance
14509 enhances parks amenities by partnering with parks and recreation
organizations. Since the inception of the community partnership and grant
program in2003, more than sixty projects representing more than sixty
million dollars'worth of new, enhanced, or preserved public recreation
facilities have been completed, with only eighteen million dollars of King
County capital investment.
8. The Woodland ParkZoo received distributions from the past two voter-
approved levies to supplement zoo operating revenue for education and
conservation programs, horticulture and maintenance and capital
improvements. Levy proceeds distributed to the zoo provided
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AGENDA ITEM #6. b)
Ordinance 18890
environmental education, programming and transportation focusing on
accessibility for underserved areas, supported thousands of students
annually and benefitted residents throughout King County. Levy proceeds
also provided conservation and animal care for threatened Pacific
Northwest species.
9. King County towns and cities received funding from the past two
voter-approved levies. In 2008 through 2013, towns and cities could use
levy proceeds for open space and natural lands acquisition and
development of town or city trail projects that supported connections to
the regional trail system with distributions being contingent upon an equal
or greater contribution of matching moneys from the recipient town or city
for the same project. In the2014 through 2019levy, types of uses for the
distribution to King County towns and cities were broadened to provide
flexibility and better meet the parks and recreation needs of cities.
10. Parks levy oversight committees were established to monitor the
expenditures of the proceeds from the 2004 through2007,2008 through
2013 and20l4 through2}l9levies. Annual committee review has
concluded that the county has complied with all levy requirements.
1 1. King County is growing rapidly as a region. ln20l7, King County's
population increased by close to fifty thousand people; and over the next
ten years, the region is expected to grow by another one hundred eighty
thousand people. Recent surveys have indicated that since 2008, the
number of people who hike in natural area parks has doubled. More and
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Ordinance 18890
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more people are using the King County parks and trails, which puts
greater pressure on an aging system. As development increases to
accommodate population growth, the risk of losing natural lands and green
spaces throughout the county grows. Those valuable lands contribute to
King County residents'high quality of life. The cost of land to
accommodate this growth and preserve open spaces is also increasing.
Today is the opportune time to address future needs of residents by
investing in our parks and trails and accelerating conservation of open
space.
12. InKing County, many communities have experienced a history of
inequitable and limited regional investments in parks, recreation and open
space, limiting the ability of residents to lead healthy lives. Five hundred
thousand King County residents live without ready access to, parks,
recreation and open spaces. There is a need to address disparities in
access to parks, recreation and open space for underserved areas and
communities, including people with disabilities. This proposal provides
an opportunity to address parks and recreation needs ofthese underserved
areas and communities.
13. Recognizing growth in population, increased use of parks and trails
and the need to address disparities in preparation for the 2020 through
2025levy, the parks and recreation division conducted outreach to obtain
feedback on the current park system and future parks and recreation needs
for all King County residents. From August through November 2018,
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AGENDA ITEM #6. b)
Ordinance 18890
parks and recreation division staff conducted fifty-four in-person
engagement meetings with groups representing all geographic areas of the
county including towns and cities, business, recreation, community and
environmental interests. An online survey was also conducted from
November to December 2018, and received one thousand nine hundred
thirty-four responses from the public, representing all geographic areas of
the county.
14. The feedback from the engagement meetings and online survey
showed support for the King County open space system. Engagement
findings showed support for maintenance and operations of the open space
system, as well as critical infrastructure repair and replacement, and the
acquisition, conservation and stewardship of open space, as such lands can
provide for passive or active recreation opportunities and protection of
habitat and water quality, and the development of and improvements on
regional trail corridors. Feedback supported funding for King County
towns' and cities'parks and recreation programs; the Woodland Park
Zoological Society education and conservation programs and horticulture,
maintenance and capital improvements; and recognized the Seattle
Aquarium as a regional asset.
15. The King County executive took into consideration information
obtained from this outreach, the region's growing population, increased
use of parks and trails across King County, and the lack of parks,
recreation and open space in some communities, and has put forth this
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AGENDA ITEM #6. b)
Ordinance 18890
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proposal which acknowledges the changing landscape and the need to
grow the open space system to keep up with demand from the region.
This proposal is also consistent with the goals and priorities of past levy
task forces.
16. This proposal would exempt low-income senior citizens, disabled
veterans and other people with disabilities from the regular property tax
increase on their residences resulting from a levy authorized by this
ordinance, if they have been approved for an exemption under RCW
84.36.381.
BE IT ORDAINED BY THE COLINCIL OF KING COIJNTY:
l. Definitions. The definitions in this section apply throughout thisS
ordinance unless the context clearly requires otherwise.
A. "Community partnerships and grants program" means the program through
which King County provides moneys to recreation-oriented groups, sports associations
and community-based organizations to undertake any combination of developing,
operating or maintaining a recreation facility or public park in unincorporated King
County and King County towns and cities for public benefit.
B. "Integrated floodplain management, means habitat restoration, open space
acquisition or recreational opportunities that are integrated with preventive and corrective
measures to reduce the risk of flooding.
C. "Levy" means the levy of regular property taxes, for the specific purposes and
term provided in this ordinance and authorizedby the electorate in accordance with state
law.
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AGENDA ITEM #6. b)
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Ordinance 18890
D. "Levy proceeds" means the principal amount of moneys raised by the levy,
any interest earnings on the moneys and the proceeds of any interim financing following
authorization of the levy.
E. "Limit factor" means the most recent published King County office of
economic and financial analysis King County inflation plus population index, or the
limitation contained in chapter 84.55 RCW, whichever is greater.
F. "Open space system" means the system that includes parks, trails, natural
areas, resource lands and structures or buildings owned or otherwise under the
jurisdiction of the parks and recreation division of the department of natural resources
and parks. For the purposes of this ordinance, with reference to King County, the term
"open space lands" shall collectively refer to natural areas and resource lands.
G. "Targeted equity grant program" means the program through which King
County provides moneys in order to achieve equitable opportunities and access to parks
and recreation for underserved areas and communities, including people with disabilities,
located in unincorporated King County and King County towns and cities.
H. "Town or city parks system" means any building or other structure related to
parks or recreation, parks, trails, open space such as natural areas and resource or
ecological lands and other parks or recreation property owned or otherwise under the
jurisdiction of a town or city within King County.
SECTION 2. Levy submittal to voters. To provide necessary moneys for the
pulposes identified in section 4 of this ordinance, the King County council shall submit to
the qualified electors of the county a proposition authorizing a regular property tax levy
in excsss of the levy limitation contained in chapter 84.55 RCW for six consecutive
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AGENDA ITEM #6. b)
Ordinance 18890
204 years, with collection commencing in 2020, at a rate not to exceed $0.1 832 per one
2o5 thousand dollars of assessed value in the first year of the levy period. The dollar amount
206 of the levy in the first year shall be the base upon which the levy amounts in year two
2o7 through six shall be calculated. In accordance with RCW 84.55.050, this levy shall be a
2O8 regular property tax levy subject to the limit factor.
2o9 SECTION 3. Deposit of lery proceeds. The levy proceeds shall be deposited
2to into a dedicated subfund ofthe parks and recreation fund, or its successor.
2LI SECTION 4. Eligible expenditures. If approved by the qualified electors of the
212 county, levy proceeds shall be used for the following purposes:
2L3 A. Costs incurred by the county that are attributable to the special election called
2L4 for in section 5 of this ordinance.
2I5 B. Up to eight million dollars to the Seattle Aquarium from the first four years of
2L6 the levy. Levy proceeds for the Seattle Aquarium shall solely be for capital costs for the
2I7 Ocean Pavilion project, except as provided in subsection E.5. of this section.
218 C. Up to forty-four million dollars to publicly owned pools for: capital
2tg improvement projects, including planning, feasibility studies, preconstruction and design,
22O construction; and major maintenance repair or replacement projects.
22L D. Up to twenty-two million dollars to habitat restoration, open space acquisition
222 or recreational opportunities, or any combination thereof, associated with integrated
223 floodplain management capital improvement projects and to outreach and education
224 related to the benefits of integrated floodplain management projects.
22s E. The remainder of levy proceeds shall be used for the following purposes:
226 1. Forty percent of levy proceeds for maintenance and operations of King
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Ordinance 18890
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County's open space system and the targeted equity grant program, but no more than ten
million dollars may be used for the targeted equity grant program;
2. Forty-seven percent oflevy proceeds for:
a. acquisition, conservation and stewardship of additional open space lands,
natural areas, resource or ecological lands, rights of way for regional trails and urban
green spaces;
b. acquisition of rights of way for and development of regional and other
public trails;
c. capital improvement projects and major maintenance repair or replacement
of open space system infrastructure;
d. community partnerships and grants program; and
e. capital improvement projects and major maintenance repair or replacement
of parks or recreation infrastructure in metropolitan park districts, towns or cities;
3. Eight percent of levy proceeds for distribution to towns and cities in King
County for their town or city parks system operations and capital improvement projects,
of which amount:
a. twenty-five thousand dollars shall be distributed annually to each town and
city;
b. an additional seventy-five thousand dollars shall be distributed annually to
cities with a population greater than four thousand;
c. of the remainder, fifty percent shall be distributed in proportion to each town
or city's population and fifty percent shall be distributed in proportion to the assessed
value of parcels within each town or city;
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AGENDA ITEM #6. b)
Ordinance 18890
25o 4. Five percent of levy proceeds for distribution to the Woodland Park
25L Zoological Society shall be used solely for: environmental education with an emphasis on
252 accessibility to traditionally underserved populations throughout the county; horticulture
253 and maintenance of buildings and grounds; conservation of threatened species; and
254 development of conservation and education strategies to mitigate impacts to animals and
255 habitats from climate change; and
256 5. Of the levy proceeds in subsections B., C., D.,8.2.e., E.3. and E.4. of this
257 section, a portion shall be retained by the county to be used for expenditures related to
258 administration of the distribution of levy proceeds. Eligible administrative expenditures
259 shall include all costs and charges to the parks and recreation division or the county
260 associated with or attributable to the purposes listed in subsections B., C., D., E.2.e.,8.3.
261 and E.4. of this section as well as sections 6 and 7 of this ordinance. Consistent with
262 RCW 84.55.050, as it may be amended, levy proceeds may not supplant existing funding.
263 SECTION 5. Call for special election. In accordance with RCW 29A.04.321,
264 the King County council hereby calls for a special election to be held in conjunction with
265 the primary election on August 6,2019, to consider a proposition authorizing a regular
266 property tax levy for the purposes described in this ordinance. The King County director
267 of elections shall cause notice to be given of this ordinance in accordance with the state
269 constitution and general law and to submit to the qualified electors of the county, at the
269 said special county election, the proposition hereinafter set forth. The clerk of the council
27O shall certify that proposition to the King County director of elections in substantially the
27t following form, with such additions, deletions or modifications as may be required for
272 the proposition listed below by the prosecuting attorney:
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AGENDA ITEM #6. b)
Ordinance 18890
273 The King County council passed Ordinance _ concerning replacement
274 of an expiring parks levy. If approved, this proposition would provide
275 funding for county, town, city and park district parks, and for open space,
276 trails, recreation, public pools, zoo operations and an aquarium capital
277 project. It would authorize an additional six-year property tax beginning
278 in 2020 at $0. I 832 per $ 1 ,000 of assessed valuation with the 2020 levy
279 amount being the base for calculating annual increases in202l - 2025 by
28o the King County inflation plus population index or the 84.55 RCW
28L limitation, whichever is greater. Should this proposition be:
282 Approved?_
283 Rejected? _
284 SECTION 6. Distributions. Each distribution of levy proceeds to a King County
285 town or city, the Woodland Park Zoological Society or its successor, or the Seattle
286 Aquarium or its successor, for the eligible pulposes identified in section 4 of this
287 ordinance shall be subject to the execution of a contract between the county and each
288 entity for the same purposes. Distribution of levy proceeds shall be subject to the
28g execution of a contract for: the targeted equity grant program; publicly owned pool
29o capital improvement projects and major maintenance repair or replacement projects;
291, integrated floodplain management capital improvement projects and outreach and
292 education; capital improvement projects and major maintenance repair or replacement
293 projects to parks or recreation infrastructure in metropolitan park districts, towns or
2g4 cities; and acquisition, conservation and stewardship of additional natural areas, resource
295 or ecological lands, rights of way for regional trails and urban green spaces.
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AGENDA ITEM #6. b)
Ordinance 18890
296 SECTION 7. Parks levy oversight board established.
297 A. If the proposition in section 5 of this ordinance is approved by the qualified
298 electors of King County, a parks levy oversight board shall be appointed by the
299 executive. The board shall consist of nine members. Each councilmember shall
3oo nominate a candidate for the board who resides in the councilmember's district no later
3Oi. than March 31,2020. If the executive does not appoint by May 3I,2020, the person
3O2 nominated by a councilmember, the executive must request that the councilmember
303 should by June 30,2020, nominate another candidate for appointment. Members shall be
304 confirmed by the council. Members may not be elected or appointed officials of any unit
305 of government, except that individuals serving in a civic capacity on a local board or
306 commission would be eligible to serve on the parks levy oversight board.
307 B. The board shall review the allocation of levy proceeds and progress on
308 achieving the purposes of this proposition. On or before December 31,202I, the board
309 shall review and report to the King County executive, the King County council and the
310 regional policy committee on the expenditure of levy proceeds for 2020. Thereafter, the
gn board shall review and report to the King County executive, the King County council and
3Lz the regional policy committee annually. Any report to the King County council under
3i.3 this section shall be made in the form of a paper original and an electronic copy with the
314 clerk of the council, who shall retain the original and provide an electronic copy to all
315 councilmembers. The board expires December 3I,2026.
316 SECTION 8. Exemption. The additional regular property taxes authorized by
3L7 this ordinance shall be included in any real property tax exemption authorizedby RCW
318 84.36.381.
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AGENDA ITEM #6. b)
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Ordinance 18890
SECTION 9. Ratification. Certification of the proposition by the clerk of the
King County council to the director of elections in accordance with law before the
election on August 6,2019, and any other acts consistent with the authority and before
the effective date of this ordinance are hereby ratified and confirmed.322
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AGENDA ITEM #6. b)
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Ordinance 18890
SECTION 10. Severability. If any provision of this ordinance or its application
to any person or circumstance is held invalid, the remainder of the ordinance or the
application of the provision to other persons or circumstances is not affected.
Ordinance 18890 was introduced on and hearing held/closed and passed by the
Metropolitan King County Council on 411712019, by the following vote:
Yes: 8 - Mr. von Reichbauer, Mr. Gossett, Ms. Lambert, Mr.
McDermott, Mr. Dembowski, Mr. Upthegrove, Ms. Kohl-Welles and
Ms. Balducci
No: 1-Mr.Dunn
KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
Rod Dembowski, Chair
Melani Pedroza, Clerk of the
APPROVED this L day of A 2019
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Attachments: None
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Dow Constantine, County Executive
AGENDA ITEM #6. b)
PARKS PROPERTY TAX LEVY AGREEMENT
between
KING COUNTY & (CITY) ___________________________
This Parks Property Tax Levy Agreement (the “Agreement”) is made and entered into as of this
____ day of ____________, 2020, by and between KING COUNTY, a political subdivision of the
state of Washington (the “County”) and the City of ______________________, a State of
Washington municipal corporation ("CITY”).
RECITALS
A. The County owns and operates a park system with over twenty-eight thousand (28,000) acres
of regional parks and open spaces, over one-hundred-seventy-five (175) miles of regional
trails, and two-hundred-fifteen (215) miles of backcountry trails. In addition, the County is
the provider of local parks in the rural area and is the transitional provider of local parks in the
urban incorporated areas.
B. Since 2003, on recommendation of the Metropolitan Parks Task Force and direction from the
County Executive and County Council, the County's Parks and Recreation Division has
focused on managing a system of regional parks, open spaces and trails and a limited set of
regional active recreation assets. Consistent with its role as a regional and local rural service
provider under Countywide Planning Policies and the State Growth Management Act, the
County has divested itself of local parks and facilities in urban unincorporated areas as these
areas incorporate or annex to cities.
C. On April 17, 2019, the King County Council adopted Ordinance 18890 which called for a
special election in accordance with RCW 29A.04.321 to authorize a property tax levy in excess
of the levy limitation contained in 84.55 RCW for a period of six (6) years for specified park
purposes.
D. On August 6, 2019, King County voters approved Proposition No. 1 Parks Levy that authorized
an additional six year property tax levy at a rate of $0.1832 in the first year, with subsequent
levies adjusted by inflation for the purpose of: maintaining and operating King County’s open
space system; improving parks, recreation, access, and mobility in the King County open space
system by acquiring lands and continuing to develop regional trails; improving parks and trails
in and acquiring lands by metropolitan parks districts, towns, and cities in King County;
funding environmental education, maintenance, and conservation programs at the Woodland
Park Zoo; finding capital construction at the Seattle Aquarium; and funding for capital
improvements at publicly owned pools, for all King County residents.
NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set
forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
AGENDA ITEM #6. b)
King County Parks Property Tax Levy
2020-2025 Agreement
Page 2 of 7
AGREEMENT
1. Definitions. As used in this Agreement, the following terms shall have the following
meanings:
A. “Annual Report” shall mean the annual report prepared by the CITY and provided to the
County annually by May 31st beginning in 2021 setting forth a summary of CITY Projects
for the preceding year, along with a complete financial accounting for the use of the
CITY’S Share, and a listing of all capital investments made at the CITY funded in whole
or in part by County Levy Proceeds, and for the 2020 annual report the CITY shall
identify the dollar amount of the CITY's Existing Funds.
B. “CITY” shall mean the City of , State of Washington,
and all of its boards, commissions, departments, agencies and other subdivisions.
C. “CITY Parks System” shall mean any building or other structure related to parks or
recreation, parks, trails, open space, such as natural areas and resource or ecological
lands and other parks or recreation property owned or otherwise under the jurisdiction of
the CITY.
D. "City Proceeds" shall mean eight percent (8%) of the total County Levy Proceeds
collected by King County, net the amounts specified and allocated in Ordinance 18890
Sections 4A-D, and any interest earnings on these funds.
E. "CITY Projects" shall mean CITY Parks System operations and capital improvement
projects consistent with Ordinance 18890.
F. “CITY’S Share” shall mean the CITY’s proportionate share of the City Proceeds as
authorized by Ordinance 18890, subject to County Council appropriation.
G. “County” shall mean King County, State of Washington, and all of its boards,
commissions, departments, agencies and other subdivisions.
H. “County Council” shall mean the County Council of King County, State of Washington.
I. “County Levy” means the annual King County property tax levy for park purposes
imposed by the King County Council and authorized by Proposition No. 1 Parks Levy
that was approved by the County voters on August 6, 2019 and replaced a levy expiring
at the end of 2019.
J. “County Levy Proceeds” shall mean the principal amount of the County Levy collected
by the County.
K. “Executive” shall mean the King County Executive or his or her functional successor.
L. "Existing funds" shall have the meaning, as defined by RCW 84.55.050.
AGENDA ITEM #6. b)
King County Parks Property Tax Levy
2020-2025 Agreement
Page 3 of 7
2. Term of Agreement. The term of this Agreement (the “Term”) shall be for a period
commencing upon signature by both parties (the “Commencement Date”), and expiring on
December 31, 2025 (the “Termination Date”).
3. Receipt of County Levy Proceeds.
A. General Distribution. Each year the County shall distribute the CITY's Share to the CITY
as authorized by Ordinance 18890, subject to County Council appropriation.
B. Receipt and Distribution of Levy Proceeds.
1. Payment Schedule. Beginning in 2020 and through 2025, the County shall transfer
the CITY’s Share to the CITY on a semi-annual basis, generally in the months of
May and November. The annual amounts transferred shall never exceed the CITY's
proportionate share of the CITY Proceeds actually collected and appropriated by
King County.
2. Administrative Fee. The Parties agree that the County has authority to deduct a
portion from City Proceeds for eligible expenditures related to the administration of
the distribution of County Levy Proceeds, consistent with Ordinance 18890.
4. Use of County Levy Proceeds. The CITY shall only use the transferred CITY’S Share for
its CITY Projects. On or before May 31st of each year throughout the Term of this
Agreement, the CITY shall provide the County with a copy of the Annual Report and provide
any further documentation showing that the CITY’S Share was expended on CITY Projects.
The CITY shall maintain financial records to account separately for the CITY’S Share.
5. Representations and Warranties. The CITY represents and warrants that all of the CITY’S
Share received by the CITY shall be used only for specific CITY Projects as defined in this
Agreement and that such funds shall not be used to supplant Existing Funds. The CITY
represents and warrants that all CITY Projects shall be consistent with the requirements in
King County Ordinance 18890. The CITY represents and warrants that in addition to the
CITY'S Share, the CITY shall annually expend on CITY Projects an amount equal to the
CITY's Existing Funds.
6. Title to Improvements. All appurtenances, fixtures, improvements, equipment, additions and
other property attached to or installed in the CITY Park System during the Term shall be and
remain the properties of CITY and shall not be deemed property of the County under any
circumstances.
7. Notices. All notices required to be given hereunder shall be in writing and either delivered
personally or sent by certified mail to the appropriate address listed below, or at such other
address as shall be provided by written notice. Notice shall be deemed communicated upon
actual receipt. For convenience of the parties, copies of notices may also be given be other
means; however, neither party may give official or binding notice except by personal delivery
or by certified mail.
AGENDA ITEM #6. b)
King County Parks Property Tax Levy
2020-2025 Agreement
Page 4 of 7
If to the CITY:
CITY’s Contact and Title: ___________________________________________
City Name: ___________________________________________
Mailing Address1: ___________________________________________
Mailing Address2: ___________________________________________
City, State, Zip Code: ___________________________________________
If to King County:
Warren Jimenez, Division Director
King County Parks and Recreation Division
Department of Natural Resources and Parks
201 South Jackson Street
Mailstop: KSC-NR-0700
Seattle, WA 98104
8. Compliance with Laws. The CITY shall comply and conform with all applicable laws and
all governmental regulations, rules, and orders.
9. CITY Agreement to Comply with Audit Finding or Repay. The CITY agrees that it is
financially responsible for the lawful use of the levy funds distributed under this contract.
The CITY agrees that if the State Auditor makes an audit finding that the levy funds have
not been spent properly, the CITY shall comply with the State Auditor’s audit finding and
correct any improper expenditure or, at the sole discretion of the County, repay any indicated
amounts to the County. This duty to comply with the audit finding or repay shall not be
diminished or extinguished by the prior termination of this Agreement and shall survive the
termination of this Agreement.
10. Miscellaneous.
A. Liability of the County. The County’s obligations to the CITY under this Agreement
shall be limited to the terms and conditions set forth herein. Notwithstanding any other
provision in this Agreement to the contrary, in no event shall the County be liable,
regardless of whether any claim is based on contract or tort, for any special,
consequential, indirect or incidental damages, including without limitation lost profits,
arising out of or in connection with this Agreement or the services performed in
connection with this Agreement.
B. Dispute Resolution. In the event of a dispute between the CITY and the County regarding
any term of this Agreement, the parties shall attempt to resolve the matter informally
through the following mechanism: the CITY (reps.) or their respective designee(s), shall
meet with County (reps) or their respective designee(s) to review and discuss the
matter(s) in dispute; if the CITY (representatives) and County (representatives) are
unable to reach a mutual resolution, the Executive and the mayor, or their respective
AGENDA ITEM #6. b)
King County Parks Property Tax Levy
2020-2025 Agreement
Page 5 of 7
designee(s) shall meet to review and discuss the matter(s) in dispute. If such persons are
unable to resolve the matter informally, either party may submit the matter to a non-
binding, structured mediation procedure fashioned by persons or organizations
experienced in alternative dispute resolution ("ADR") procedures. The mediation may
be requested by any party and shall be initiated within thirty (30) days from the date of
the request unless extended by agreement of both parties. The alternative dispute
resolution procedures utilized for the mediation shall include the exchange of written
claims and responses, with supporting information, at least seven (7) days prior to the
actual mediation. The positions expressed and mediator's recommendations shall not be
admissible as evidence in any subsequent ADR or legal proceeding. If the matter is
submitted to mediation and the matter is not resolved, an affected party shall be entitled
to pursue any legal remedy available. Any disputes involving the lawful expenditure of
levy proceeds shall be resolved by King County Superior Court if the parties cannot
agree.
C. No Implied Waiver. No failure by either party hereto to insist upon the strict performance
of any obligation of the other party under this Agreement or to exercise any right, power
or remedy arising out of a breach thereof, irrespective of the length of time for which
such failure continues (except in cases where this Agreement expressly limits the time
for exercising rights or remedies arising out of a breach), shall constitute a waiver of such
breach or of that party’s right to demand strict compliance such term, covenant or
condition or operate as a surrender of this Agreement. No waiver of any default or the
performance of any provision hereof shall affect any other default or performance, or
cover any other period of time, other than the default, performance or period of time
specified in such express waiver. One or more written waivers of a default or the
performance of any provision hereof shall not be deemed to be a waiver of a subsequent
default or performance. The consent of either party hereto given in any instance under
the terms of this Agreement shall not relieve the other party of any obligation to secure
the consent of the other party in any other or future instance under the terms of this
Agreement.
D. Headings and Subheadings. The captions preceding the articles and sections of this
Agreement and in the table of contents have been inserted for convenience of reference
and such captions in no way define or limit the scope or intent of any provision of this
Agreement.
E. Successors and Assigns. The terms, covenants, and conditions contained in this
Agreement shall bind and inure to the benefit of the County and the CITY and, except as
otherwise provided herein, their personal representatives and successors and assigns.
There are no third party beneficiaries to this Agreement.
F. Agreement made in Washington. This Agreement shall be deemed to be made in and
shall be construed in accordance with the laws of the State of Washington. Venue of any
action brought by one party against the other to enforce or arising out of this Agreement
shall be in King County Superior Court.
AGENDA ITEM #6. b)
King County Parks Property Tax Levy
2020-2025 Agreement
Page 6 of 7
G. Integrated Agreement; Modification. This Agreement contains all the agreements of the
parties hereto relating to the subject matter addressed herein, and cannot be amended or
modified except by a written agreement approved by the King County Council and
mutually executed between each of the parties hereto.
H. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute one
and the same instrument.
I. Time of Essence. Time is of the essence of each provision of this Agreement.
J. Signage. For each capital project funded with County Levy Proceeds, the CITY shall
provide a sign including the following language: This project was funded (or as
applicable, funded in part) with proceeds from the Proposition No. 1 Parks Levy
approved by King County voters in August 2019 under an Agreement with King
County Parks and Recreation Division.
K. Reporting. As set forth in King County Council Motion 15378, section C, for each capital
project funded with County Levy Proceeds, the CITY shall report to King County Parks
and the King County Council major milestones, such as groundbreakings and opening
dates, thirty (30) days prior to such milestone. The CITY shall mail or deliver reports to
both King County Parks and the current King County Council councilmembers at:
Warren Jimenez, Division Director
King County Parks and Recreation Division
Department of Natural Resources and Parks
201 South Jackson Street
Mailstop: KSC-NR-0700
Seattle, WA 98104
Councilmembers: ____________________ (please list all 9 councilmembers)
In care of King County Council Clerk
516 3rd Avenue
Seattle, WA 98104
[ SIGNATURE PAGE FOLLOWS ]
AGENDA ITEM #6. b)
King County Parks Property Tax Levy
2020-2025 Agreement
Page 7 of 7
DATED this ____ day of ____________, 2020.
KING COUNTY, a Washington municipal
corporation
By _________________________________
Its _________________________________
By authority of Ordinance No. 18890
CITY OF _________________________, a
Washington municipal corporation
By _________________________________
Its _________________________________
AGENDA ITEM #6. b)
AB - 2544
City Council Regular Meeting - 06 Jan 2020
SUBJECT/TITLE: Interlocal Agreement with King County for the Soos Creek Trail - Time
Extension
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community Services Department
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director
EXT.: 6619
FISCAL IMPACT SUMMARY:
No Fiscal Impact
SUMMARY OF ACTION:
In 2009, the City and King County entered into an Interlocal Agreement (ILA) related to the processing of clearing,
grading and associated building permit applications for the Soos Creek Trail (CAG-09-185). This trail is part of the
County’s regional trail system and is located in both the City and in unincorporated areas. For efficiency in the
construction process, the ILA authorizes the County to perform the permit processing on behalf of the City and in
accordance with City regulations. In 2015, Addendum A (#1-15) added clarifying language and extended the ILA to
12/31/2019.
King County currently has $4.4 million in 2019 Proposition I Levy funding to complete the design and construct the first
segment in Renton extending from the Kent/Renton City Limits at SE 192nd Street north to SE 186th Street near
Boulevard Lane Park; future phases will connect north to the Cedar River Trail. The City and King County desired to
extend the ILA through 2025 (timeframe for the Proposition I Levy funding) to facilitate permitting and construction.
The City Attorney approved King County's document format (and content) to extend the contract with two Addendums.
Both agencies administratively extended the contract to 12/31/2025 prior to the contract expiring 12/31/2019 [First
Amendment (#2-19) and Addendum B (#3-19)]. Council ratification, as recommended by the City Attorney, formalizes
the administrative extension.
EXHIBITS:
A. CAG-09-185 as Amended by Addendums 1-3
STAFF RECOMMENDATION:
Approve the time extension effectuated by Addendum #2-19 and Addendum #3-19 to 12/31/2025 of the
Interlocal Agreement between King County and the City of Renton relating to processing of clearing/grading
and associated building permit applications for the Soos Creek Trail (CAG-09-185).
AGENDA ITEM #6. c)
CAG-09-185,Adden#3-19
ADDENDUM B TO 2009 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE
CITY OF RENTON RELATING TO PROCESSING OF CLEARING/GRADING AND ASSOCIATED
BUILDING PERMIT APPLICATIONS FOR THE SOOS CREEK TRAIL
This Addendum is made and entered into 1 Z/!m//n , 2019 ("Effective Date") by and
theCityof Renton, a municipal cor oration in the State of Washington (hereinafterbetweenppg
referred to as the "City")and King County, a homerule charter County in the State of Washington
Hereinafter referred to as the "County") collectively referred to as the Parties.
WHEREAS, on January 4, 2009 the parties entered into INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF RENTON RELATING TO PROCESSING OF CLEARING/
GRADING AND ASSOCIATED BUILDING PERMIT APPLICATIONS FOR THE SOOS CREEK TRAIL
ILA"); and
WHEREAS, on or about December 23, 2014 the parties agreed to extend the ILA through
December 31, 2019 and on December 11, 2015 the parties entered into Addendum A; and
WHEREAS the parties have agreed per Paragraph 12 of the ILA to extend the ILA for an
additional six (6)years, through December 31, 2025.
NOW,THEREFORE, in consideration of the terms and provisions, it is agreed by and between the
City and the County as follows:
1. Per Paragraph 12 the Parties agree to extend this Interlocal Agreement through
December 31, 2025.
2. All other terms and conditions of the ILA shall remain in full force and effect.
The remainder of this page is blank; signatures follow)
CAG-09-185 Addendum No. B Page 1 of 2
AGENDA ITEM #6. c)
IN WITNESS WHEREOF,the parties have caused this Addendum to be executed.
King unty
Dated
City of Renton
Denis Law, Mayor Dated
Attest
IZ /S /
Jaso A. Set , ity Clerk
Approved as to form:
Shane Moloney, City Attorney
li;lA6l Stp:
SEAL
140
CAG-09-185 Addendum No. B Page 2 of 2
AGENDA ITEM #6. c)
CAG-09-1 85,Adden#2-19
FIRST AMENDMENT TO THE 2009 INTERLOCAL AGREEMENT BETWEEN
KING COUNTY AND THE CITY OF RENTON RELATING TO PROCESSING
OF CLEARING/GRADING AND ASSOCIATED BUILDING PERMIT
APPLICATIONS FOR THE SOOS CREEK TRAIL
Preamble
The King County Council authorized the King County executive to enter into an
Interlocal Agreement ("ILA") with the City of Renton ("City") related to acquiring and
administering building permits for Phase V construction of the Soos Creek Trail
extension.
The ILA, pursuant to Section 12, authorized the parties to administratively extend the
duration of the ILA "through December 31, 2019 or to a date prior thereto." On or about
December 31, 2014, the parties agreed, in writing, to administratively extend the ILA
through December 31, 2019. The parties now desire to have the option to
administratively extend the duration of the ILA through December 31, 2025.
In accordance with Section 16 of the ILA, the parties are entering into this First
Amendment to authorize administrative extensions of the ILA through December 31,
2025.
THIS AMENDMENT amends and attaches to and is part thereof of the existing ILA, and
the previous addendum thereto.
The parties agree to amend the ILA as follows:
1. Delete the text found in the "Extension" section at Section "12" of the Interlocal
Agreement and replace with the following:
The City and County may agree to extend the duration of this Agreement up to
December 31, 2025 or to a date prior thereto. In order for any such extensions to
occur, the City and County shall agree in writing to the proposed extension
expiration date. If the parties have not agreed to an extension deadline in writing
by the otherwise applicable expiration date, the Agreement shall expire.
In all other respects, the terms, conditions, duties and obligations of all parties shall
remain the same as agreed to in the Interlocal Cooperation Agreement and the previous
addendum thereto.
This document shall be attached to the existing Interlocal Cooperation Agreement.
Amendment 1 1
Interlocal Agreement King County And The City Of Renton Relating To Processing Of
Clearing/Grading And Associated Building Permit Applications For The Soos Creek
Trail
AGENDA ITEM #6. c)
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
KING CO TY CITY OF RENTON
By: By:
Title:t re ("kr— L' Title: Mayor Denis Law
Date: (2_. !CO r Z 9 Date:
l Z ` ' l
Approved as to form: Approved as to form:
44t
Deputy Prosecuting At rney3a8y$ City Attorney Shane Moloney
Attest~
J on A. CMC,City lerk
4F /
444,
gg`
kJ'
Amendment 1 2
Interlocal Agreement King County And The City Of Renton Relating To Processing Of
Clearing/Grading And Associated Building Permit Applications For The Soos Creek
Trail
AGENDA ITEM #6. c)
CAG-09-185,Adden#1-i.EADDENDUMATO2009INTERLOCALAGREEMENTBETWEENKINGCOUNTYANDTHECITYOFRENTONRELATINGTOPROCESSINGOFCLEARING/GRADINGANDASSOCIATEDBUILDINGPERMITAPPLICATIONSFORTHESOOSCREEKTRAILKingCounty(the“County”)andtheCityofRenton(the“City”)executedanInterlocalAgreement(“ILA”)onJanuary4,2009,designatingcertaindutiestotheCountyrelatedtoacquiringandadministeringbuildingpermitsforPhaseVconstructionoftheSoosCreekTrail,portionsofwhichwouldbelocatedwithinCitylimits.Followingyearsoffieldstudy,traildesignwork,andstaffingchanges,thepartiesmetinNovemberandDecember2014torevisitdetailsoftheILAandsixtypercent(60%)designfortrail.Asaresultofthesemeetings,onDecember23,2014,thepartiesagreed,inwriting,toextendtheILAforafullfive(5)years,throughDecember31,2019,asprovidedforinparagraph12oftheILA.ThepartiesnowdesiretoacknowledgeorclarifylanguageintheILAthattheCityhascalledattentiontoinpriorcorrespondence.NOW,THEREFORE,theCountyandtheCityacknowledge,reiterate,andagreethattheintentofthepartiestotheILAisasfollows:1.KingCountywillberesponsibleforreviewingandissuingallpermitsrelatedtothisILA,butagreestogivetheCity’scommentssubstantialconsiderationbeforeissuingafinalpermittingdecision.2.TheRentonMunicipalCode,includingthecriticalareaandshorelinedevelopmentstandards,shallgovernthoseareasinsidetheCityofRentonboundaries.KingCountydevelopmentregulationsshallgovernallotherareasapplicabletotheILA.3.Thetunnelshallbedesignedtoserveasaregionaltrailfacilitytoincludeadequatewidthandheightfortrailuse.Thedesignshallalsoconsiderthepracticallimitationsofthetrailandroadwayelevationsandexistingutilities.4.Regardingmitigationmonitoring:AllimpactstocriticalandshorelinedesignatedareasresultingfromtrailconstructionwithintheCitywillbephysicallymitigatedwithintheCityinoneofthefollowingmanners:(a)allimpactswithintheCitywillbemitigatedaccordingtoCity’sstandardatthetimeofconstructionadjacenttotheareaofimpact;or(b)ifmitigationcannotoccuradjacenttotheimpact,mitigationshalloccurwithintheCitylimitsasapprovedbytheCity.AllothertermsandconditionsoftheILAshallremaininfullforceandeffect.[Theremainderofthispageisblank;signaturesfollow.]1AGENDA ITEM #6. c)
INWITNESSWHEREOF,thePartieshaveexecutedthisAddendumA.)?.)DatesignedCITYOFRENTONDenisLaw,AayrDateSigedAttest:KevinR.Brown,DirectorParksandRecreationDivision2AGENDA ITEM #6. c)
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AGENDA ITEM #6. c)
AB - 2546
City Council Regular Meeting - 06 Jan 2020
SUBJECT/TITLE: Request to Hire Capital Project Coordinator/Park Planning at Pay
Grade a28, Step D
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Alan J. Wyatt, Capital Projects Manager
EXT.: 6571
FISCAL IMPACT SUMMARY:
The position is currently budgeted at Pay Grade a28, Step E. Hiring a Capital Project Coordinator/Park Planning
at Pay Grade a28, Step D will have a savings of $3,278.27 in 2020.
SUMMARY OF ACTION:
Since June 2019, the Community Services Department, Parks Planning and Natural Resources Division
advertised on five (5) separate occasions to fill three (3) positions to implement the parks bond and CIP
projects. One (1) position was filled November 1, 2019. Eight (8) candidates submitted applications for the
fifth round, with three (3) candidates meeting the qualifications and invited for initial interviews. One
candidate was invited for a second interview.
As a result of the recruitment process, one candidate has met all the qualifications of the position. This
individual has extensive experience in leading major public improvement projects, park design, construction
administration, and community engagement.
EXHIBITS:
STAFF RECOMMENDATION:
Authorize hiring a Capital Project Coordinator/Park Planning at Pay Grade a28, Step D, effective January 16,
2020. This position is currently budgeted at Pay Grade a28, Step E. City policy requires Council approval to fill a
position above Step C.
AGENDA ITEM #6. d)
AB - 2547
City Council Regular Meeting - 06 Jan 2020
SUBJECT/TITLE: Gene Coulon Memorial Beach Park Play Equipment Department of
Commerce Direct Appropriation Agreement
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Erica Schmitz, Parks Planning Manager
EXT.: 6614
FISCAL IMPACT SUMMARY:
As part of the 2019-2021 State Capital Budget, a Direct Appropriation in the amount of $605,640 was awarded
for the Gene Coulon Memorial Beach Park Play Equipment Replacement Project. Total estimated park
development costs are $605,640 with the State Local and Community Projects Program as the sole source of
funding.
SUMMARY OF ACTION:
As part of the 2019-2021 state budget process the City was awarded $618,000 for play equipment upgrades at
Gene Coulon Memorial Beach Park, with the State Department of Commerce (DOC) retaining $12,360 for
contract administration. Receipt of this grant funding allows the City to complete the replacement of the
existing 16-year-old play equipment. The project includes removing and replacing the existing play
equipment, safety surfacing and improving subsurface drainage for the play area. The DOC Grant Agree ment is
for the Legislative appropriation ($605,640) and does not require City matching funding. The City previously
submitted required documentation and has met all State requirements in advance of contract development.
The Contract End Date is June 30, 2023 (subject to reappropriation) and the Biennium Close Date is June 30,
2021. The estimated construction time frame is September 2020 through April 2021.
An important provision of the agreement is Section 13 - "Reduction in Funds", which specifies that in the event
state funding is withdrawn, reduced, or limited in any way by the Governor or the Legislature during the Grant
Agreement period, the parties shall be bound by any such revised funding limitations as implemented at the
discretion of the Department of Commerce, and shall renegotiate the Grant Agreement accordingly.
EXHIBITS:
A. Grant Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Grant Agreement. Adjust the 316 budget as described.
AGENDA ITEM #6. e)
Washington State Department of Commerce
www.commerce.wa.gov
Grant to
RENTON CITY OF
through
The Local and Community Projects Program
For
Gene Coulon Memorial Beach Park Play Equipment
Start date: July 1, 2019
AGENDA ITEM #6. e)
AGENDA ITEM #6. e)
i
TABLE OF CONTENTS
FACE SHEET ................................................................................................................................. 2
DECLARATIONS .......................................................................................................................... 4
SPECIAL TERMS AND CONDITIONS ....................................................................................... 6
1. GRANT MANAGEMENT .................................................................................................. 6
2. COMPENSATION .............................................................................................................. 6
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES ...................................... 6
4. PREVAILING WAGE LAW .............................................................................................. 7
5. DOCUMENTATION AND SECURITY ............................................................................ 7
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF
REAL PROPERTY PERFORMANCE MEASURES ................................................................ 7
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT ................................................. 7
8. BILLING PROCEDURES AND PAYMENT .................................................................... 8
9. SUBCONTRACTOR DATA COLLECTION .................................................................... 9
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT ................. 9
11. INSURANCE ....................................................................................................................... 9
12. ORDER OF PRECEDENCE ............................................................................................. 11
13. REDUCTION IN FUNDS ................................................................................................. 11
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES .................................................... 11
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ........... 11
16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ........... 12
17. SIGNAGE, MARKERS AND PUBLICATIONS ............................................................. 12
18. HISTORICAL AND CULTURAL ARTIFACTS ............................................................. 12
19. REAPPROPRIATION ....................................................................................................... 13
20. TERMINATION FOR FRAUD OR MISREPRESENTATION ....................................... 13
GENERAL TERMS AND CONDITIONS .................................................................................. 14
21. DEFINITIONS ................................................................................................................... 14
22. ACCESS TO DATA .......................................................................................................... 14
23. ADVANCE PAYMENTS PROHIBITED ......................................................................... 14
24. ALL WRITINGS CONTAINED HEREIN ....................................................................... 14
25. AMENDMENTS ............................................................................................................... 14
26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336,
ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 .................................................. 15
27. ASSIGNMENT .................................................................................................................. 15
28. ATTORNEYS’ FEES ........................................................................................................ 15
29. AUDIT ............................................................................................................................... 15
AGENDA ITEM #6. e)
ii
30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION .................................... 16
31. CONFLICT OF INTEREST .............................................................................................. 16
32. COPYRIGHT PROVISIONS ............................................................................................ 17
33. DISPUTES ......................................................................................................................... 17
34. DUPLICATE PAYMENT ................................................................................................. 18
35. GOVERNING LAW AND VENUE ................................................................................. 18
36. INDEMNIFICATION........................................................................................................ 18
37. INDEPENDENT CAPACITY OF THE GRANTEE ........................................................ 18
38. INDUSTRIAL INSURANCE COVERAGE ..................................................................... 18
39. LAWS ................................................................................................................................ 18
40. LICENSING, ACCREDITATION AND REGISTRATION ............................................ 18
41. LIMITATION OF AUTHORITY...................................................................................... 19
42. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ...................................... 19
43. PAY EQUITY .................................................................................................................... 19
44. POLITICAL ACTIVITIES ................................................................................................ 19
45. PUBLICITY ....................................................................................................................... 19
46. RECAPTURE .................................................................................................................... 19
47. RECORDS MAINTENANCE ........................................................................................... 20
48. REGISTRATION WITH DEPARTMENT OF REVENUE ............................................. 20
49. RIGHT OF INSPECTION ................................................................................................. 20
50. SAVINGS .......................................................................................................................... 20
51. SEVERABILITY ............................................................................................................... 20
52. SITE SECURITY............................................................................................................... 20
53. SUBGRANTING/SUBCONTRACTING ......................................................................... 20
54. SURVIVAL ....................................................................................................................... 21
55. TAXES ............................................................................................................................... 21
56. TERMINATION FOR CAUSE ......................................................................................... 21
57. TERMINATION FOR CONVENIENCE.......................................................................... 21
58. TERMINATION PROCEDURES ..................................................................................... 21
59. TREATMENT OF ASSETS .............................................................................................. 22
60. WAIVER............................................................................................................................ 22
ATTACHMENT A - SCOPE OF WORK .................................................................................... 24
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO
COMPLETE THE PROJECT ....................................................................................................... 26
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF
PREVAILING WAGES ............................................................................................................... 28
AGENDA ITEM #6. e)
iii
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THELEADERSHIP IN
ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS .......... 30
AGENDA ITEM #6. e)
1
AGENDA ITEM #6. e)
2
FACE SHEET
Grant Number: 20-96627-085
Project Name: Gene Coulon Memorial Beach Park Play Equipment
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
1. GRANTEE 2. GRANTEE Doing Business As (optional)
RENTON CITY OF
1055 SOUTH GRADY WAY
RENTON, WA 98057-3232
N/A
3. GRANTEE Representative 4. COMMERCE Representative
Erica Schmitz
eschmitz@rentonwa.gov
425-430-6614
Susan Butz, Grant Manager
PO Box 42525, Olympia, WA 98504
(360) 725-2741
susan.butz@commerce.wa.gov
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$605,640.00 Federal: State:X Other: N/A: July 1, 2019 June 30, 2023
(subject to reappropriation)
9. Federal Funds (as applicable)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
XXXXXXXXXXXXXX SWV0012200-00 177000094 N/A
14. Grant Purpose
The outcome of this performance-based Grant Agreement is to undertake a legislatively approved project that furthers the goals and
objectives of Washington State Direct Appropriations Program as referenced in Attachment A – Scope of Work.
COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above, acknowledge and
accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and yea r
referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other
documents incorporated by reference: Grant Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” –
Certification of Availability of Funds to Complete the Project, Attachment “C” – Certification of the Payment and Reporting of
Prevailing Wages, Attachment “D” – Certification of Intent to Enter LEED Process.
FOR GRANTEE FOR COMMERCE
Signature
Print Name
Title
Date
Mark K. Barkley, Assistant Director
Local Government Division
Date
APPROVED AS TO FORM
Luke Eaton, Assistant Attorney General
8/13/2019
Date
AGENDA ITEM #6. e)
3
AGENDA ITEM #6. e)
4
DECLARATIONS
GRNTEE INFORMATION
GRANTEE Name: RENTON CITY OF
Grant Number: 20-96627-085
State Wide Vendor Number: SWV0012200-00
PROJECT INFORMATION
Project Name: Gene Coulon Memorial Beach Park Play
Equipment
Project City: RENTON
Project State: Washington
Project Zip Code: 98057-3232
GRANT AGREEMENT INFORMATION
Grant Amount: $605,640.00
Appropriation Number: SHB 1102.PL Section 1042 (2019 Regular
Session)
Re-appropriation Number (if applicable): N/A
Grant End Date: June 30, 2023 (subject to reappropriation)
Biennium: 2019-2021
Biennium Close Date: June 30, 2021
Earliest Date for Construction Reimbursement: July 1, 2016
ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
N/A
AGENDA ITEM #6. e)
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AGENDA ITEM #6. e)
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS GRANT AGREEMENT, entered into by and between the GRANTEE and COMMERCE, as defined
on the Face Sheet of this Grant Agreement, WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community-based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has made an appropriation to support the Local
and Community Projects Program, and directed COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for design, acquisition, construction, or rehabilitation (a venture hereinafter referred to as
the “Project”).
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed the awarded Grant Amount as shown on the Face
Sheet of this Grant Agreement, for the capital costs necessary for or incidental to the performance of
work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE
certifying that it has expended or has access to funds from non-state sources as set forth in
ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT), hereof. Such non-state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this Grant Agreement.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit.
vii) In-kind contributions, subject to COMMERCE’S approval.
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B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE’s review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages m ust be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital pro jects performed by nonprofit organizations that
involve the expenditure of over $500,000 in state funds. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for design only are exempt
from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the “Deed of Trust”). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of Grant Agreement execution.
The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant as set
forth on the Face Sheet, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender’s policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
A. GRANTEE purchases of real property from an independent third-party seller shall be evidenced
by a current appraisal prepared by a licensed Washington State commercial real estate
appraiser, or a current property tax statement.
B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC,
shall be evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser or the prior purchase price of the property plus holding costs, whichever is
less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
Payments to the Grantee shall be made on a reimbursement basis only. Costs incurred on or after
the EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT as shown on the Declarations
page are eligible for reimbursement under this Grant Agreement. The GRANTEE may be reimbursed
for the following eligible costs related to the activities identified in the SCOPE OF WORK shown on
Attachment A.
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A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
E. Other costs authorized through the legislation
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum
payable under this Grant Agreement. When requesting reimbursement for expenditures made, the
GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that
documents capitalized Project activity performed for the billing period. The GRANTEE can submit all
Invoice Vouchers and any required documentation electronically through COMMERCE’s Contracts
Management System (CMS), which is available through the Secure Access Washington (SAW)
portal.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the Grant Agreement. The
GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds
transfer, as applicable, that confirms that they have paid each expenditure being claimed. The
cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the
voucher is initially submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this Grant Agreement, or within fifteen (15) days following
the end of the state biennium unless Grant Agreement funds are reappropriated by the Legislature in
accordance with Section 19, hereof.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
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Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Grant Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals
as agreed by the parties, regarding work under this Grant performed by subcontractors and the
portion of Grant funds expended for work performed by subcontractors, including but not necessarily
limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
“Subcontractors” shall mean subcontractors of any tier.
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT
The GRANTEE shall complete a Certified Project Completion Report when activities identified in the
SCOPE OF WORK shown on Attachment A are complete.
The GRANTEE shall provide the following information to COMMERCE:
A. A certified statement that the Project, as described in the SCOPE OF WORK shown on Attachment
A, is complete and, if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the
project as described in the SCOPE OF WORK shown on Attachment A.
C. Certification that all costs associated with the Project have been incurred and accounted for. Costs
are incurred when goods and services are received and/or Grant work is performed.
D. A final voucher for the remaining eligible funds, including any required documentation.
The GRANTEE will submit the Certified Project Completion Report together with the last Invoice
Voucher for a sum not to exceed the balance of the Grant Amount.
11. INSURANCE
The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance
Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect
against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence.
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Additionally, the GRANTEE is responsible for ensuring that any Subgrantee/subcontractor provide
adequate insurance coverage for the activities arising out of subgrants/subcontracts.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the GRANTEE or its Subgrantee/subcontractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence,
using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The GRANTEE shall maintain
Professional Liability or Errors and Omissions Insurance. The GRANTEE shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the GRANTEE and licensed
staff employed or under contract to the GRANTEE. The state of Washington, its agents, officers, and
employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of
the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured to
provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest
of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured
pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this Grant
shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the
GRANTEE’s fiscal agent as beneficiary.
C. The GRANTEE shall provide, at COMMERCE’s request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self -insured/liability pool or
self-insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or
letter of coverage that outlines coverage limits and deductibles. All self-insured risk management
programs or self-insured/liability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental
Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the
Washington State Auditor’s annual instructions for financial reporting. GRANTEE’s participating in
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees need
not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited
from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self-insured
risk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
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12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Declarations page of this Grant Agreement
Special Terms and Conditions
General Terms and Conditions
Attachment A – Scope of Work
Attachment B – Certification of the Availability of Funds to Complete the Project
Attachment C – Certification of the Payment and Reporting of Prevailing Wages
Attachment D – Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
13. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during
the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations
as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant
Agreement accordingly.
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real property,
to secure funds awarded under this Grant Agreement. This provision does not extend to claims that
COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this
Grant Agreement.
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this Grant Agreement, shall be held and used by the GRANTEE for the purpose or
purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the
date the final payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 46 (Recapture provision).
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16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this Grant Agreement
shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant
Agreement for a period of at least ten (10) years from the date the final payment is made
hereunder.
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general ob ligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 46 (Recapture Provision).
17. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify “The Taxpayers of Washington State” as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Grant Agreement, GRANTEE
shall complete the requirements of Governor’s Executive Order 05-05, where applicable, or
GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
with all laws, regulations, and agreements related to the preservation of historical or cultural
resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the project funded by this Grant Agreement.
In addition to the requirements set forth in this Grant Agreement, GRANTEE shall, in accordance with
Governor’s Executive Order 05-05, coordinate with COMMERCE and the Washington State
Department of Archaeology and Historic Preservation (“DAHP”), including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine the
existence of any tribal cultural resources affected by the Project. GRANTEE agrees to avoid,
minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds
under this Grant Agreement.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the
COMMERCE Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Grant Agreement, GRANTEE agrees to comply with
RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor’s Executive Order 05-05.
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In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National
Historic Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by the BIENNIUM
CLOSE DATE listed on the Declarations page will lapse on that date unless specifically
reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's
obligation under the terms of this Grant Agreement shall be contingent upon the terms of such
reappropriation.
B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this Grant Agreement, COMMERCE reserves the
right to terminate or amend this Grant Agreement accordingly, including the right to recapture all
funds disbursed to the GRANTEE under the Grant.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
21. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
C. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. ”State” shall mean the state of Washington.
F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms “subgrantee/subcontractor” refers to any tier.
G. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass -
through entity to carry out a federal program, but does not include an individual that is a beneficiary
of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or
services in the course of normal trade or commerce.
H. “Vendor” is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually determined
to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with
contractual penalties if the entity fails to meet program performance standards.
I. “Grant Agreement” or “Agreement” means the entire written agreement between COMMERCE
and the GRANTEE, including any Attachments, Exhibits, documents, or materials incorporated by
reference.
22. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE’s reports, including computer models and the
methodology for those models.
23. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall
be made by COMMERCE.
24. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
25. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
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26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE “ADA” 28 CFR PART 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
27. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
28. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorney’s fees and costs.
29. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
In any case, the GRANTEE’s records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to
comacctoffice@commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Accounting Services
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
Copy of the Management Letter.
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
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30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as “confidential” by
COMMERCE;
2. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. “Personal information” includes but is not limited to information related to
a person’s name, health, finances, education, business, use of governm ent services,
addresses, telephone numbers, social security number, driver’s license number and other
identifying numbers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
31. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is
found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in
the procurement of, or performance under this Grant Agreement.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. Identify the individual by name, the agency previously or currently employed by, job title
or position held, and separation date. If it is determined by COMMERCE that a conflict of interest
exists, the GRANTEE may be disqualified from further consideration for the award of a Grant.
In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to
pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the
Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which COMMERCE makes any determination under this clause shall be
an issue and may be reviewed as provided in the “Disputes” clause of this Grant Agreement.
AGENDA ITEM #6. e)
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32. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered “works for
hire” under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
33. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the GRANTEE's name, address, and Grant number; and
be mailed to the Director and the other party’s (respondent’s ) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the
Director’s designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
AGENDA ITEM #6. e)
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34. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses.
35. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
36. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims. “Claim” as used in this Grant Agreement, means any financial
loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable
for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property
including loss of use resulting therefrom.
The GRANTEE’s obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE’s agents, employees, representatives, or any subgrantee/subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE’S or any subgrantee’s/subcontractor’s performance or failure to
perform the Grant. GRANTEE’S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
37. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Grant Agreement are not employees or
agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim
to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will
the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
38. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amo unt
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Grant Agreement, and transmit the deducted amount to the Department of
Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s
rights to collect from the GRANTEE.
39. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
40. LICENSING, ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant Agreement.
AGENDA ITEM #6. e)
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41. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration,
amendment, modification, or waiver or any clause or condition of this Grant Agreement is not
effective or binding unless made in writing and signed by the Authorized Representative.
42. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE’s non -compliance or
refusal to comply with any nondiscrimination law, regulat ion or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure
set forth herein.
43. PAY EQUITY
The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not deter minative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in
good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or quality
of production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of
Enterprise services determines that the GRANTEE is not in compliance with this provision.
44. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
45. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE’s name is mentioned, or language used from which the connection with
the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
46. RECAPTURE
In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
AGENDA ITEM #6. e)
20
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
47. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
48. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
49. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this Grant.
50. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
51. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provis ion is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
52. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
53. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants /subcontracts for
any of the work contemplated under this Grant Agreement without obtaining prior written approval of
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce
the liability of the GRANTEE to COMMER CE for any breach in the performance of the GRANTEE’s
duties. This clause does not include Grants of employment between the GRANTEE and personnel
assigned to work under this Grant.
AGENDA ITEM #6. e)
21
Additionally, the GRANTEE is responsible for ensuring that all terms, con ditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. GRANTEE
and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise
make known to unauthorized persons personal information without the express written consent of
COMMERCE or as provided by law.
54. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
55. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
56. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a “Termination for Convenience”
if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
57. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days wri tten
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivere d prior to the effective date of termination.
58. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or ac quired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for comp leted
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure
to agree with such determ ination shall be a dispute within the meaning of the "Disputes" clause of this
AGENDA ITEM #6. e)
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Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against
potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant Agreement.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the G RANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final
for all the purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
59. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by
the GRANTEE. Title to other property, the cost of which is reimb ursable to the GRANTEE under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this Grant, or (ii) commencement of use of such property in the performance of this
Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
60. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
AGENDA ITEM #6. e)
23
AGENDA ITEM #6. e)
24
ATTACHMENT A - SCOPE OF WORK
Funds awarded under this grant will be used for capital expenditures related to removing and replacing
16-year old play equipment, safety resurfacing and improving subsurface drainage in the City of Renton’s
Gene Coulon Park. The location of the project is the South shore of Lake Washington in Renton.
Construction will include and not be limited to:
• Cultural and Historical Resources Review
• Permitting
• Bid contract, design and procurement
• Demolition and installation of play equipment
• Installation of safety surfacing and drainage improvements
This project began in August 2019 and is expected to be complete by May 2021.
All project work completed with prior legislative approval. The “Copyright Provisions”, Section 32 of the
General Terms and Conditions, are not intended to apply to any architectural and engineering design
work funded by this grant.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
AGENDA ITEM #6. e)
25
AGENDA ITEM #6. e)
26
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO
COMPLETE THE PROJECT
Type of Funding Source Description Amount
Grant Washington State Department of Commerce $605,640.00
Other Grants
Grant #1 $
Grant #2 $
Total Other Grants $0.00
Other Loans
Loan #1 $
Loan #2 $
Total Loans $0.00
Other Local Revenue
Source #1 $
Total Local Revenue $0.00
Other Funds
Source #1 $
Source #2 $
Total Other Funds $0.00
Total Project Funding $605,640.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this Grant Agreement and identified above has been reviewed and approved by the GRANTEE’s
governing body or board of directors, as applicable, and has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available solely a nd
specifically for carrying out the purposes of this Project as described in elsewhere in this Grant
Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the fun ds needed to complete the Project, and shall make
such records available for COMMERCE’s review upon reasonable request.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
AGENDA ITEM #6. e)
27
AGENDA ITEM #6. e)
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ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF
PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the
Project funded by this Grant Agreement, including but not limited to the filing of the “Statement of Intent to
Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such
records available for COMMERCE’s review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body as of the date and year written below.
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
AGENDA ITEM #6. e)
29
AGENDA ITEM #6. e)
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ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN
ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United
States Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year
written below.
EXEMPT: DO NOT SIGN
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
AGENDA ITEM #6. e)
AB - 2550
City Council Regular Meeting - 06 Jan 2020
SUBJECT/TITLE: May Creek Corridor Property Acquisition
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director
EXT.: 6619
FISCAL IMPACT SUMMARY:
The cost of the acquisition, including transaction costs, is estimated to be $625,000. The funding source will
be the Impact Mitigation Fund (Fund 303), which has a fund balance of $1,85 9,253.15 as 12/18/2019.
SUMMARY OF ACTION:
The City of Renton, in partnership with King County and the City of Newcastle, has been assembling properties along
May Creek for over 30 years to create a continuous trail and natural area corridor from Lake Washington in Renton to
King County's Cougar Mountain Regional Wildland Park. The proposed acquisition is the historic location of early
homesteaders along May Creek (the Clarissa Colman diaries have been archived at the Eastside Heritage Center), is vital
to retaining natural habitat in an urban environment, and supports a regional connection.
At the time of the most recent acquisition for the corridor, a Right of First Refusal for the property in question (4200
Lake Washington Blvd.) was recorded, in recognition that the City would have an interest in purchasing the property
should the owners elect to sell. The owners’ decision to sell creates a one-time opportunity to expand the May Creek
Corridor under the Right of First Refusal. This acquisition is supported by the adopted Trails and Bicycle Master Plan and
the adopted Parks, Recreation and Natural Areas Plan. Several easements on the adjacent City-owned parcel to include
an Access and Utilities Easement, a Drainage Easement, and a Sewer Easement would no longer be needed to serve the
parcel proposed for acquisition as all land would be under City ownership if this acquisition is authorized. An appraisal
has been completed for the property, with a market value conclusion of $600,000. A Phase 1 Environmental Site
Assessment has been completed for the property identifying no Recognized Environmental Conditions. A clear title free
of any unacceptable encumbrances is required to proceed with the acquisition.
EXHIBITS:
A. May Creek Proposed Acquisition Map
STAFF RECOMMENDATION:
Approve the acquisition and authorize the Mayor and City Clerk to execute a Purchase and Sales Agreement.
Authorize use of the Parks Impact Mitigation monies to fund the acquisition and transaction costs. Adjust the
budget as described.
AGENDA ITEM #6. f)
Existing May Cree k Tra il
Existing May Cree k Tra il
Proposed May Cree k Tra il Extens ion
Proposed Acquisition
EastrailCorridor(KingCounty)M a y C r e e kMay C r e e kGreenwayGreenway
I-405 FWYLake Washington Blvd NI-405 FWYM
ay Creek
Data Sources: City of Renton, King County
This document is a graphic representation, not guaranteedto survey accuracy, and is based on the best informationavailable as of the date shown. This map is intended forCity display purposes only.
Coordinate System: NAD 1983 HARN StatePlane Washington North FIPS 4601Projection: Lambert Conformal ConicDatum: North American 1983 HARN
.
May Creek Corridor Proposed Acquisition AGENDA ITEM #6. f)
AB - 2551
City Council Regular Meeting - 06 Jan 2020
SUBJECT/TITLE: Professional Services Agreement for Certified Arborist Inspector
Services
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services Department
STAFF CONTACT: Ian Gray, Urban Forestry & Natural Resources Manager
EXT.: x6601
FISCAL IMPACT SUMMARY:
Funding for this project is in the 2020 Community Services - Parks Planning and Natural Resources Division
Operating Budget in the amount of $157,700 as part of the Contracted Services line item.
SUMMARY OF ACTION:
An agreement for a Consulting Certified Arborist Inspector was authorized and completed in 2019. The Parks
Planning and Natural Resources Division receives up to 900 requests for services annually from Renton
residents, businesses, City Departments and ot hers. During 2019, over 1,850 trees were inspected; 390 Work
Requests were completed; and 525 Work Order requests were handled. Inspections were done for City
Planners, Code Compliance and Permitting Inspectors, other City Staff, Developers, Home Owner Ass ociations
and individual home owners regarding general tree issues, permitting, code violations, safety and storm
damage. The Consulting Certified Arborist Inspector receives tree requests, coordinates site visits, collects tree
data, recommends treatments, communicates tree information to City Staff, property owners and others, and
maintains the work order system and tree inventory database. Other duties include tree maintenance work,
mapping and inventory of newly planted street and City facility trees, assistance with data collection for
planting, pruning and removal projects, and preparing production reports, among others. Funds were
appropriated as part of the 2019/2020 adopted City budget.
EXHIBITS:
A. 2020 Certified Consulting Arborist Inspector Issue Paper
B. 2020 Certified Consulting Arborist Inspector Agreement
STAFF RECOMMENDATION:
The Community Services Department recommends approval of the Professional Services Agreement with the
Davey Resource Group, Incorporated in the amount of $134,400 for consulting arborist services.
AGENDA ITEM #6. g)
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE: January 6, 2020
TO: Ruth Pérez, Council President
Members of Renton City Council
VIA: Armondo Pavone, Mayor
FROM: Kelly Beymer, Community Services Administrator
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director (x-6619)
Ian Gray, Urban Forestry and Natural Resources Manager (x-6601)
SUBJECT: 2020 Consulting Certified Arborist Inspector – Contract Agreement
ISSUE:
Should the Council concur with the staff recommendation to enter into the 2020 Contract
Agreement with Davey Resource Group, Incorporated, to provide tree inspection and other
urban forestry services to the City of Renton?
RECOMMENDATION:
Staff recommends approval of the Professional Services Contract Agreement in the base amount
of $134,400 during 2020 between the City of Renton and Davey Resource Group, Inc. of Kent,
Ohio. The City has a 2020 budgeted amount of $157,700 in the 2020 Parks Planning and Natural
Resources Division’s, “Contracted Services” line item (001.000000.020.576.81.41.003). During
2019, Davey Resource Group, Inc. provided excellent service under the professional services
agreement for citywide tree inspections.
BACKGROUND SUMMARY:
During 2019, the City contracted with the Davey Resource Group, Inc. for a Consulting Certified
Arborist Inspector to perform tree inspections. The Consultant provided tree inspection services
for all City departments. Funding for this project in 2019 was provided entirely by the Community
Services Department.
The Consulting Certified Arborist Inspector receives tree request inquiries from residents,
businesses, City departments and others. Duties include inspecting trees, preparing work orders,
responding to callers following inspection with recommendations, updating and recording data
on the tree inventory and Tree Request Forms, closing out work orders, filing work orders, and
inventorying newly planted trees in recently constructed subdivisions. Tree inspections were
performed for Code Compliance, Long and Short Range Planning, Tree Retention Regulations,
Critical Areas Regulations, Landmark Tree Regulations, and Public Works tree requests. Other
responsibilities included tracking Tree Request Forms, helping implement the new Cityworks
AGENDA ITEM #6. g)
Ruth Pérez, Council President
Members of Renton City Council
Subject: 2020 Consulting Certified Arborist Inspector – Contract Agreement
December 17, 2019
Page 2 of 2
work order and asset management system, phasing out the old Tree Response Forms, working
with maintenance management software, providing customer service, education, outreach and
division continuity with the hiring of a new urban forester last March.
During 2019, over 1,850 trees were inspected; 390 Work Requests were completed; and 525
Work Order requests were handled. More than 870 tree data entries were made. In addition,
the inspecting arborist assisted with Arbor Day/Earth Day and critical emergency work after the
February 2019 snow storm. The inspecting arborist regularly monitors tree trimming throughout
the City and helps collect incident data for code compliance violations.
This agreement allows the Urban Forestry and Natural Resources Manager to focus time on
contracting for tree maintenance and sidewalk repairs, tree planting, contract landscape
maintenance and an accumulation of backlogged work orders due to the high demand for this
service. With sustained efforts this past year the Forestry Division is poised to move to a more
proactive management of the community forest and the important resource that it represents.
CONCLUSION:
Approval of this Agreement at a cost of $134,400 over 11 months will continue the Consulting
Certified Arborist inspection program citywide and will allow City staff to focus on other aspects
of the Urban Forestry Program. The agreement with Davey Resource Group, Inc. is anticipated
to begin immediately in February 2020 and conclude at the end of December 2020.
cc: Kari Roller, Fiscal Services Director
Sean Hollingsworth, Finance Analyst III
AGENDA ITEM #6. g)
[
AGREEMENT FOR CERTIFIED ARBORIST INSPECTOR SERVICES
THIS AGREEMENT, dated ________January, 2020, is by and between the City of Renton (the
“City”), a Washington municipal corporation, and Davey Resource Group, Inc. (“Consultant”), a
Corporation licensed to do business in Washington . 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 Certified Arborist Inspection 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 A or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than December 31, 2020.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $134,400 plus any applicable state and local sales taxes.
Compensation shall be paid based upon Work actually performed according to the
rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat
rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
AGENDA ITEM #6. g)
PAGE 2 OF 12
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
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
AGENDA ITEM #6. g)
PAGE 3 OF 12
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
AGENDA ITEM #6. g)
PAGE 4 OF 12
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 Indu strial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant , except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
AGENDA ITEM #6. g)
PAGE 5 OF 12
Insurance Act, RCW Title 51, solely for the purposes of th is indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant , negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
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.
AGENDA ITEM #6. g)
PAGE 6 OF 12
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
Ian Gray, Urban Forestry Manager
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6601
E-mail Address
Fax: (425) 430-6603
CONSULTANT
Ian Scott, Davey Resource Group
1500 N Mantua St, PO Box 5193
Kent, OH 44240-8312
Phone: (206)-714-3147
E-mail Address
Fax: (330)-673-0860
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
AGENDA ITEM #6. g)
PAGE 7 OF 12
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
AGENDA ITEM #6. g)
PAGE 8 OF 12
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 Ian Gray. In
providing Work, Consultant shall coordinate with the City’s contract manager or
his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
AGENDA ITEM #6. g)
PAGE 9 OF 12
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.
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.
AGENDA ITEM #6. g)
PAGE 10 OF 12
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:____________________________
Armando Pavone
Mayor, City of Renton
Ian Scott
PNW Area Manager, Davey Resource Group
____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Moloney
City Attorney
Contract Template Updated 03/12/2019
12/19/19
AGENDA ITEM #6. g)
PAGE 11 OF 12
Exhibit A - Scope of Work
City of Renton Community Services Department
2020 Certified Arborist Inspector Services
Scope of Work:
Provide inspection services to a diverse citizen base including City staff from different departments,
the general public and outside governmental organizations, to include:
• Receive communications from various sources about trees and respond back with information
to resolve issues and concerns.
• Complete caller information forms, inspection forms and work order forms of various kinds,
including electronically.
• Inspect trees on both public and private property under various terrain and weather conditions.
Inspections include completing the tree inventory forms by adding new trees and modifying
information on existing trees previously inventoried.
• Inventory new trees or potential planting sites and existing trees not previously inventoried.
Locate newer subdivisions containing new street trees using a combination of City records and
meeting with City Planning staff to locate areas.
• Add and/or modify tree inventory information using existing City computerized systems.
Inventory trees using designated computer programs when required.
• Ascertain the locations of trees within the public right-of-way and trees on private property.
This includes accurate measurement of right-of-way location in relation to the tree(s).
• Inspect trees using the methods found in the International Society of Arboriculture Best
Management Practices Tree Risk Assessment publication.
• Accurately categorize trees by public or private, species, diameter, condition rating, location
rating, problem codes, treatment codes and work prioritization from emergency through
routine activity.
• Schedule meetings with customers when requested.
• Respond to customers following inspections through work scheduling dates. This includes face
to face conversations, written correspondence and email communications. Document all
communications on appropriate forms.
• Gather data and information to compile easily understood reports. Prepare a final summary
report of progress during the final three weeks of this project. Provide monthly progress
reports including days and hours worked, number of work orders inspected, and number of
trees inspected, as well as other pertinent information requested by the City.
• Provide a company-owned pickup truck and safety cones at all times.
• Work with City-provided computers and computer programs, ipad, and ipad apps to enter data
into electronic or paper formats.
• Perform minor tree work from the ground using various hand and power tools common to tree
work.
AGENDA ITEM #6. g)
PAGE 12 OF 12
• Supply at all times, tools such as hand pruners, pole loppers, pole saw, hand saw, machete, and
personal protective equipment
• Prepare lists of locations for high priority or other work.
• Disclaimer of Assessment of Future Conditions. The information to be provided by Consultant is
an assessment that shall be considered accurate only at the time of observation. Trees are
living organisms that grow, respond to their environment, mature, decline, and fail over
time. Consultant makes no representation concerning the effect over time of site distributions,
environmental or internal conditions of the trees.
Contractor will provide certified arborist inspection services for the City during normal business hours,
except for City designated holidays.
Costs:
Per Paragraph 4.A.Total compensation to Consultant for Work provided pursuant to this Agreement
shall not exceed $134,400 plus any applicable state and local sales taxes.
RATES: $70 Per hour, Per Service, Per Arborist
AGENDA ITEM #6. g)
AB - 2554
City Council Regular Meeting - 06 Jan 2020
SUBJECT/TITLE: Project Acceptance: 2019 Street Patch and Overlay Project, CAG-19-
146 with Tony Lind Paving, LLC
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Emily Logan, Project Manager
EXT.: 7224
FISCAL IMPACT SUMMARY:
The original contract amount was $556,620.75 and the final contract amount is $532,598.34. This is a
decrease of $24,022.41 due to a reduction in various bid item quantities.
SUMMARY OF ACTION:
The 2019 Street Patch and Overlay Project was awarded on July 8, 2019 to Tony Lind Paving, LLC. The project
construction began August 15, 2019 and was physically completed October 15, 2019.
The project consisted of resurfacing and repairing streets at the following locations:
a. Maple Ridge Estate.
b. 104th Avenue SE.
c. Lake Youngs Court SE.
d. NE 2nd Street (City Maintenance facilty).
EXHIBITS:
A. Notice of Completion
B. Final Contract Voucher Certificate
C. Final Progress Payment
D. Change Order #1 - Reconciliation Change Order
STAFF RECOMMENDATION:
Accept the 2019 Street Patch and Overlay Project with Tony Lind Paving, LLC and authorize the release of
retainage upon approval received from the Washington State Department of Labor and Industries,
Employment Security Department and Department of Revenue.
AGENDA ITEM #6. h)
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Date:
City of Renton
2019 Street Patch and Overlay Project -Reconciliation Change Order -Change Order 0.1
;_19 Street Patch a d Ove y
‘lion!Paving,LLC
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November 6,2019
TOPCOURSE
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City of Renton
2019 Street Patch and Overlay Project -Reconciliation Change Order -Change Order No.1
Project Name:019 street a overlay CAG:CAG-19-146 TIB:NA
Contractor:‘I’d avlng.LLC FHWA:NA
Pay Period:NA Acct.No.317.1221 .016 595.30.63.1
Date:November 6,2019
______.._.______.__:._..____._._
Progress Pavrr-en=~o53 Contact Common varianceI!ElHI!El!?j can cost can
5555.555.55
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ReconciliationChange Order -$24,022.41
Approvals For This Reconciliation Change Order
Sign ur Dat S|gnature_
Resident Engineer Contractor "W"°'"'*'°°'*°'*°°
Variance by Bid item
Chang
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Project Manager Transportation Design Mgr.
.1/._.I4T‘l.J
AGENDA ITEM #6. h)
AB - 2549
City Council Regular Meeting - 06 Jan 2020
SUBJECT/TITLE: Washington State Department of Transportation 2019-2021
Transportation Demand Management Implementation Agreement
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Dan Hasty, Transportation Planner
EXT.: 7217
FISCAL IMPACT SUMMARY:
The Washington State Department of Transportation’s (WSDOT) Transportation Demand Management
Implementation Agreement provides state funding to the city’s Commute Trip Reduction Program (CTR) which
is associated with the statewide Commute Trip Reduction Program. The agreement allows the city to bill
WSDOT for reimbursement for associated work as described in the WSDOT approved “Administr ative Work
Plan.”
The term of the agreement is July 1, 2019 to June 30, 2023. The total budgeted amount is $162,542. Since
this agreement spans over two biennium budget cycles for the Washington State Legislature, the agreement is
for $81,271, which reflects half of the funds are appropriated in the 2019-2021 biennium budget. Once the
remaining funds are appropriated in the 2022-2023 biennium, funds will be added to the agreement by
written amendment.
SUMMARY OF ACTION:
Entering into the Transportation Demand Management Implementation Agreement allows the city to
implement a program that is in accordance with the state law to monitor Renton employers with Commute
Trip Reduction (CTR) affected worksites. This law was enacted as part of the Washington State Clean Air Act
which provides measures to improve air quality and manage congestion by encouraging the use of alternatives
to single occupancy vehicle commuting through the use of incentives to employees at businesses wit h 100 or
more employees arriving at work between 6:00 a.m. and 9:00 a.m.
Funding provided by the state covers the expenses to implement state and local CTR laws.
EXHIBITS:
A. Transportation Demand Management Implementation Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the 2-year Transportation Demand Management
Implementation Agreement with WSDOT that provides a cost reimbursement to the city of $81,271.
AGENDA ITEM #6. i)
WSDOT Contact:Monica Ghosh 206-464-1191
GhoshMo@wsdot.wa.gov
Agreement Number Contractor:
Term of Project
UPIN
Vendor #Contact:John Hasty 425-430-7321
Current Funds Projected Funds
$ 81,271 $ 81,271
81,271$81,271$
Budget:
$162,542
Funds
Commute Trip Reduction
Transportation Demand Management Implementation Agreement
PTD0122
July 1, 2019 through June 30, 2023
WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the state’s leadership role, and the
requirements and parameters to reduce traffic congestion, fuel use, and air pollution through commute
trip reduction programs, including transportation demand management programs for growth and
transportation efficiency centers (“GTEC”) in Washington State; and
Current Funds reflect total funding appropriated by the Washington State Legislature for the
Project in the 2019-2021 biennium. Projected Funds are subject to appropriation by the
Washington State Legislature, once appropriated, funds will be added to this AGREEMENT by
written amendment.
PTTD015
SWV00122000 0
THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter
“WSDOT,” and the Contractor identified above, hereinafter the “CONTRACTOR,” individually the
“PARTY” and collectively the “PARTIES.”
WHEREAS, the State of Washington in its Sessions Laws of 2019, Chapter 416 Section 220
authorizes funding for Public Transportation Programs and other special proviso funding as identified
in the budget through its 2019-2021 biennial appropriations to WSDOT; and
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained
herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS
FOLLOWS:
City of Renton
1055 South Grady Way
Renton, WA 98055
162,542$
Scope of Work: The CONTRACTOR agrees to provide Transportation Demand Management (TDM)
services, primarily used to support local Commute Trip Reduction (CTR) programs associated with the
Statewide Commute Trip Reduction Program, including: 1) Development and submission of an
Administrative Work Plan by the end of the first quarter of this AGREEMENT that must be approved by
WSDOT in writing; and 2) Implementation of the strategies and production of the deliverables outlined
in the WSDOT-approved Administrative Work Plan in order to implement a CTR program. The
Administrative Work Plan shall be incorporated as an amendment to this AGREEMENT.
Total Project Cost
SCOPE OF WORK AND BUDGET
Total Current & Projected Funds
City of Renton
PTD0122
Page 1 of 9
AGENDA ITEM #6. i)
Section 1
Purpose of Agreement
A. The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR
to be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through
RCW 70.94.555, as set forth in the Scope of Work and Budget, hereinafter known as the “Project”
B. If this AGREEMENT is used as match for any other related projects with federal funds, in
addition to the requirements of Sections 1 through 30 of this AGREEMENT, the CONTRACTOR
must assume full responsibility for complying with all federal rules and regulations consistent with
the requirements imposed by use of the federal funds on any such related project(s), including
but not limited to Title 23 of the U.S. Code, Highways, as applicable, the regulations issued
pursuant thereto, 2 CFR Part 200, and 2 CFR Part 1201. The CONTRACTOR must also assume
full responsibility for compliance with Federal Highway Administration’s (FHWA) Required
Contract Provisions Federal-Aid Construction Contracts, FHWA 1273, which may be found here,
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf, and any
amendments/revisions thereto; and/or the Federal Transit Administration Master Agreement 25 ,
which may be found here,https://www.transit.dot.gov/funding/grantee-resources/sample-fta-
agreements/fta-grant-agreements.
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this
AGREEMENT as described in “Scope of Work and Budget”.
Section 3
Term of Project
The CONTRACTOR shall commence, perform and complete the Project within the time defined
in the caption space header above titled “Term of Project” of this AGREEMENT regardless of the
date of execution of this AGREEMENT, unless terminated as provided herein. The caption space
header above entitled’ “Term of Project” and all caption space headers above are by this reference
incorporated into this AGREEMENT as if fully set forth herein.
Section 4
Project Costs
The total reimbursable cost to accomplish the Project shall not exceed the “Current Funds”
detailed in the “Scope of Work and Budget”. The CONTRACTOR agrees to expend eligible “State
Funds” together with any “Contractor Funds” identified above in the “Scope of Work and Budget”
table. If at any time the CONTRACTOR becomes aware that the cost that it expects to incur in
the performance of this AGREEMENT will differ from the amount indicated in the “Scope of Work
and Budget” table above, the CONTRACTOR shall notify WSDOT in writing within thirty (30)
business days of making that determination.
Section 5
Reimbursement and Payment
A. Payment will be made by WSDOT on a reimbursable basis for actual costs and
expenditures incurred, while performing eligible direct and related eligible indirect Project work
during the Project period. Payment is subject to the submission to and approval by WSDOT of
properly prepared invoices that substantiate the costs and expenses submitted by
CONTRACTOR for reimbursement. Failure to send in progress reports and financial information
as required in Section 11 –Reports may delay payment. The CONTRACTOR shall submit an
invoice detailing and supporting the costs incurred. Such invoices may be submitted no mor e
than once per month and no less than once per year, during the course of this AGREEMENT. If
approved by WSDOT, properly prepared invoices shall be paid by WSDOT within thirty (30) days
of receipt of the invoice.
City of Renton
PTD0122
Page 2 of 9
AGENDA ITEM #6. i)
B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall
submit an invoice for completed work in the same state fiscal period in which the work was
performed. As defined in RCW 43.88, the state fiscal period starts on July 1 and ends on June 30
the following year. Reimbursement requests must be received by July 15 of each state fiscal
period. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR
shall provide an estimate of the expenses to be billed so WSDOT may accrue the expenditures
in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to
the amount accrued as set forth in this section. Any payment request received after the timeframe
prescribed above will not be eligible for reimbursement.
Section 6
Administrative Work Plan
The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the
first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is
sooner. The administrative work plan will include the following elements:
A. The work plan shall identify the deliverables, schedule, expected outcomes, performance
measures and strategies associated with this AGREEMENT and other strategies as defined in
the approved and locally adopted CTR or GTEC plans. These plans may include, but are not
limited to, recruiting new employer worksites, reviewing employer programs and providing site-
specific suggestions for improved CTR performance, administering surveys, reviewing program
exemption requests, providing employer training, providing incentives, performing promotion and
marketing, and providing emergency ride home and other commuter services.
B. The administrative work plan may be amended based on mutual written agreement
between the WSDOT Project Manager and the CONTRACTOR.
Section 7
Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for
Commute Trip Reduction employer surveys.
Section 8
Planning Data
The CONTRACTOR agrees to provide WSDOT with updated program goals for affected
worksites and jurisdictions as requested. These updates shall be submitted electronically in a
format specified by WSDOT. WSDOT may request worksite TDM plans for review.
Section 9
Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR’s contracting partners
with updated lists of affected or participating worksites, employee transportation coordinators, and
jurisdiction contacts, as requested. These updates will be submitted in a format specified by
WSDOT.
Section 10
Use of State Funds for Incentives
The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in
accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR.
City of Renton
PTD0122
Page 3 of 9
AGENDA ITEM #6. i)
Section 11
Reports
The CONTRACTOR shall prepare and submit quarterly, annual, and final progress reports
pursuant to this agreement and as prescribed in WSDOT’s Transportation Demand
Implementation Agreement Guidebook, and any amendments thereto, found at
https://www.wsdot.wa.gov/transit/grants/public-transportation-commute-trip-reduction-grants, or
as requested by WSDOT. Due to Legislative and WSDOT reporting requirements, any required
quarterly progress reports shall be submitted for the duration of the AGREEMENT period
regardless of whether the underlying funding sources have been exhausted. Post-grant annual
performance reporting may also be required as prescribed in the aforementioned guidebook.
Section 12
Funding Distribution
The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit
agencies, Transportation Management Associations, and Metropolitan Planning Organizations or
other eligible organizations authorized to enter into agreements for the purposes of implementing
CTR and/or GTEC, plans as applicable, and as authorized by RCW 70.94.544, and by ordinances
adopted pursuant to RCW 70.94.527(5).
Section 13
Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the “Scope of Work and Budget”
and description of allowable incentives in accordance with the incentives guidance provided to
the CONTRACTOR by WSDOT as set forth in Section 10 of this AGREEMENT, as well as the
WSDOT approved Administrative W ork Plan, in all agreements with eligible contracting
partner(s), as necessary, to coordinate the development, implementation, and administration of
such CTR and/or GTEC plans, and in compliance with applicable ordinances.
Section 14
Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its CTR and/or
GTEC plan and programs with the applicable regional transportation planning organization
(RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans
and programs that could impact the success of the regional CTR plan. The CONTRACTOR
agrees to provide information about the progress of its CTR and/or GTEC plan and programs to
the RTPO upon request.
Section 15
Project Records
The CONTRACTOR agrees to establish and maintain accounts for the Project in order to
sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the
performance of this AGREEMENT. Such accounts are referred to herein collectively as the
"Project Account." All costs claimed against the Project Account must be supported by properly
executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in
sufficient detail the nature and propriety of the costs claimed.
Section 16
Audits, Inspections, and Records Retention
WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right
to examine, during normal business hours and as often as they deem necessary, all of the
CONTRACTOR’s records with respect to all matters covered by this AGREEMENT. Such
representatives shall be permitted to audit, examine and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls, and other matters
covered by this AGREEMENT. In order to facilitate any audits and inspections, the
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AGENDA ITEM #6. i)
CONTRACTOR shall retain all documents, papers, accounting records, and other materials
pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or the
Project final payment date. However, in case of audit or litigation extending past that six (6) years
period, then the CONTRACTOR must retain all records until the audit or litigation is completed.
The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any
subcontractors of CONTRACTOR comply with the provisions of this section and provide,
WSDOT, the State Auditor, and any of their representatives, access to such records within the
scope of this AGREEMENT.
Section 17
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope
of Work and Budget. Such changes that are mutually agreed upon shall be incorporated as
written amendments to this AGREEMENT. No variation or alteration of the terms of this
AGREEMENT shall be valid unless made in writing and signed by authorized representatives of
the PARTIES hereto, provided, however, that changes to the Project title, UPIN, the contact
person of either PARTY, biennial adjustments with no impact to the overall project cost, or adding
the Administrative W ork Plan, will not require a written amendment, but will be approved and
documented by WSDOT through an administrative revision. WSDOT shall notify the
CONTRACTOR of any such approved revision in writing.
B. If an increase in funding by the funding source augments the CONTRACTOR’s allocation
of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into a written
amendment to this AGREEMENT, providing for an appropriate change in the Scope of Work and
Budget and/or the Total Project Cost in order to reflect any such increase in funding.
C. If a reduction of funding by the funding source reduces the CONTRACTOR’s allocation of
funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into a written
amendment to this AGREEMENT providing for an appropriate change in the Scope of Work and
Budget and/or the Total Project Cost in order to reflect any such reduction of funding.
Section 18
Recapture Provision
In the event that the CONTRACTOR fails to expend State Funds in accordance with state law
and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds
in an amount equivalent to the extent of noncompliance. The CONTRACTOR agrees to repay
such State Funds under this recapture provision within thirty (30) days of demand.
Section 19
Disputes
A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the
performance of this AGREEMENT the CONTRACTOR may submit a written detailed description
of the dispute to the WSDOT Public Transportation Division’s Statewide Transportation Demand
Management Programs Manager or the WSDOT Public Transportation Statewide Transportation
Demand Management Programs Manager’s designee who will issue a written decision within ten
calendar (10) days of receipt of the written description of the dispute. This decision shall be final
and conclusive unless within ten calendar (10) days from the date of CONTRACTOR’s receipt of
WSDOT’s written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to
the Director of the Public Transportation Division or the Director’s designee. In connection with
any such appeal the CONTRACTOR shall be afforded an opportunity to offer material in support
of its position. The CONTRACTOR’s appeal shall be decided in writing within thirty (30) days of
receipt of the appeal by the Director of the Public Transportation Division or the Director’s
designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall
abide by the decision.
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AGENDA ITEM #6. i)
B. Performance During Dispute. Unless otherwise directed by WSDOT, the
CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are
being resolved.
Section 20
Termination
A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or
terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance
provided herein, at any time by written notice to the other PARTY. WSDOT and the
CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not
limited to the settlement terms, conditions, and in the case of partial termination the portion to be
terminated. Written notification must set forth the reasons for such termination, the effective date,
and in case of a partial termination the portion to be terminated. However, if, in the case of partial
termination, WSDOT determines that the remaining portion of the award will not accomplish the
purposes for which the award was made, WSDOT may terminate the award in its entirety. The
PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited
to, the following:
1. The requisite funding becomes unavailable through failure of appropriation or otherwise;
2. WSDOT determines, in its sole discretion, that the continuation of the Project would not
produce beneficial results commensurate with the further expenditure of funds;
3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an
Executive Order of the President with respect to the prosecution of war or in the interest of national
defense; or an Executive Order of the President or Governor of the state with respect to the
preservation of energy resources;
4. The CONTRACTOR is prevented from proceeding with the Project by reason of a
temporary preliminary, special, or permanent restraining order or injunction of a court of
competent jurisdiction where the issuance of such order or injunction is primarily caused by the
acts or omissions of persons or agencies other than the CONTRACTOR; or
5. The state Government determines that the purposes of the statute authorizing the Project
would not be adequately served by the continuation of financial assistance for the Project.
6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall
reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the
CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit
its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession
belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the
manner WSDOT directs.
B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for
default, in whole or in part, and all or any part of the financial assistance provided herein, at any
time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to
perform any of the requirements of this AGREEMENT, including:
1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which
under the procedures of this AGREEMENT would have required the approval of WSDOT;
2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America
laws, Washington state laws, or local governmental laws under which the CONTRACTOR
operates;
3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT
that endangers substantial performance of the Project; or
4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or
is in violation of, any provision of this AGREEMENT.
C. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner
in which the CONTRACTOR is in default.. If it is later determined by WSDOT that the
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AGENDA ITEM #6. i)
CONTRACTOR had an excusable reason for not performing, such as events which are not the
fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT
may: (a) allow the CONTRACTOR to continue work after setting up a new delivery of performance
schedule, or (b) treat the termination as a termination for convenience.
D. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow
the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in
which to cure the defect. In such case, the notice of termination will state the time period in which
cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to
WSDOT's satisfaction the breach or default within the timeframe and under the conditions set
forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT
without any further obligation to CONTRACTOR. Any such termination for default shall not in any
way operate to preclude WSDOT from also pursuing all available remedies against
CONTRACTOR and its sureties for said breach or default.
E. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR
of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit
WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition
of this AGREEMENT.
F. Any termination of the AGREEMENT, whether for convenience or for default, that requires
the AGREEMENT to be terminated or discontinued before the specified end date set forth in the
caption header, “Term of Project”, shall require WSDOT to amend the AGREEMENT by written
amendment to reflect the termination date and reason for termination.
Section 21
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded
by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
Section 22
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be
construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way
impair or prejudice any right or remedy available to WSDOT with respect to any breach or default.
In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR
constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach, or default which
shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect
to any breach or default.
Section 23
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of the work
as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR
may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the
CONTRACTOR’s rights and obligations under this AGREEMENT and WSDOT shall not be held
liable for any advice offered to the CONTRACTOR.
Section 24
Limitation of Liability and Indemnification
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees,
and officers and process and defend at its own expense any and all claims, demands, suits at law
or equity, actions, penalties, losses, damages, or costs (hereinafter referred t o collectively as
“claims”), of whatsoever kind or nature brought against WSDOT arising out of, in connection with
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AGENDA ITEM #6. i)
or incident to this AGREEMENT and/or the CONTRACTOR’s performance or failure to perform
any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT,
its agents, employees and officers arising out of, in connection with or incident to the acts or
omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that
nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the
WSDOT, its agents, employees or officers to the extent that claims are caused by the acts or
omissions of the WSDOT, its agents, employees or officers. The indemnification and hold
harmless provision shall survive termination of this AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the
employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in
any manner be deemed to be the employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by
CONTRACTOR’s employees and/or subcontractors and solely for the purposes of this
indemnification and defense, the CONTRACTOR specifically waives any immunity under the state
Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney’s fees, costs or other
legal expenses to enforce the provisions of this section of this AGREEMENT against the other
PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY.
Section 25
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity and
performance thereof shall be governed by, the laws of the state of Washington. In the event that
either PARTY deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be
initiated in the state of Washington Thurston County Superior Court situated in Thurston County.
Section 26
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable state laws and regulations, including, but
not limited to those concerning employment, equal opportunity employment, nondiscrimination
assurances, Project record keeping necessary to evidence AGREEMENT compliance, and
retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination
provisions in Chapter 49.60 RCW. The CONTRACTOR will also comply with the Americans with
Disabilities Act of 1990 (ADA), Public Law 101-336, including any amendments thereto which
provides comprehensive civil rights protection to individuals with disabilities in the areas of
employment public accommodations, state and local government services and
telecommunication.
Section 27
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall
not affect the validity or obligation of performance of any other covenant or provision, or part
thereof, that in itself is valid if such remainder conforms to the terms and requirements of
applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or
provision shall delay the performance of any other covenant or provision except as herein allowed.
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AGENDA ITEM #6. i)
Section 28
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all
statements, representations, warranties, covenants, and agreements and their supporting
materials contained and/or mentioned in such executed counterpart, and does hereby accept
State Funds and agrees to all of the terms and conditions thereof.
Section 29
Execution
This AGREEMENT is executed by the Director of the Public Transportation Division, Washington
State Department of Transportation, or the Director's designee, not as an individual incurring
personal obligation and liability, but solely by, for, and on behalf of the Washington State
Department of Transportation, in his/her capacity as Director of the Public Transportation Division.
Section 30
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind
their respective agency(ies) and/or entity(ies) to the obligations set forth herein.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and
year last signed below.
WASHINGTON STATE
DEPARTMENT OF
TRANSPORTATION
CONTRACTOR
Brian Lagerberg, Director
Public Transportation Division
Authorized Representative
Title
Print Name
Date Date
APPROVED AS TO FORM BY:
Susan Cruise
Assistant Attorney General
9-18-2019
Date
City of Renton
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AGENDA ITEM #6. i)
AB - 2545
City Council Regular Meeting - 06 Jan 2020
SUBJECT/TITLE: Agreement with King County Flood Control District for Award of Flood
Reduction Grant Funds for the Monroe Avenue NE Storm System
Improvement Project
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Kevin Evans, Surface Water Utility Engineer
EXT.: 7264
FISCAL IMPACT SUMMARY:
This grant agreement provides $125,000 of grant revenue to the Surface Water Utility Capital Improvement
Program budget for the Monroe Avenue NE Storm System Improvement Project (427.475494). The grant
includes partial funding for a preliminary design contract with Otak (CAG 19-313) which includes data
collection, hydrologic and hydraulic modeling and alternatives analysis.
SUMMARY OF ACTION:
The city was awarded $125,000 in grant funding by the King County Flood Control District for the Monroe Ave NE Storm
System Improvement Project. This grant will partially fund the first phase of the project, consisting of identification and
preliminary design of the most feasible and cost effective solution to address a stormwater conveyance system
deficiency on Monroe Avenue NE, between NE 2nd Street and NE 4th Street. The grant covers consultant time incurred
as part of this project only and provides no funding for city staff time.
The 211-acre sub basin addressed by this project is located in the Renton Highlands, approximately bound by Monroe
Avenue NE, NE 2nd Street, Union Avenue NE and NE 9th Street. This sub basin currently drains into two infiltration
pipes on NE 2nd Street and the King County Access Road, and has no connection to a downstream conveyance system.
The insufficient capacity of the infiltration system to discharge moderate and high flows has caused overflows, flooding
and erosion problems along Monroe Avenue NE during large storm events. Since 1996 the city has had a temporary
stormwater overflow easement with the private property at 301 Monroe Avenue NE. There is strong indication that the
property intends to end this easement in the next five years and therefore an alternate solution to the overflow must be
designed and constructed prior to its expiration. Larger infiltration facilities and other strategies (flood overflow bypass,
flow splitter, etc.) will be evaluated as solutions to prevent flooding along Monroe Avenue NE, as well as providing water
quality treatment for runoff as applicable. Future phases will include design of the most feasible alternative and the
construction of the improvements.
EXHIBITS:
A. Agreement
B. Vicinity Map
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the agreement with King County Flood Control District to accept $125,000
in grant funds for the Monroe Avenue NE Storm System Improvement Project.
AGENDA ITEM #6. j)
Project Name: Monroe Avenue NE Storm System Improvement Award Number: 4.19.14
Page 1 of 7
AGREEMENT FOR AWARD OF
FLOOD REDUCTION GRANT FUNDS
BETWEEN THE CITY OF RENTON AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Renton (“Recipient”) (collectively referred to as the “parties” and in the singular “party”), for
the purposes set forth herein. This Agreement shall be in effect from the date of execution to
December 31, 2021.
Project Contacts:
Contact for King County – Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Contact for Recipient – Kevin Evans, 425-430-7264, Krevans@rentonwa.gov.
SECTION 1. RECITALS
1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal
corporation of the State of Washington, authorized to provide funding for flood control
and stormwater protection projects and activities; and
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement ("ILA") by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget; and
1.3 Whereas, on November 12, 2013, the District’s Board of Supervisors passed Resolution
FCD2013-14.3 which established a Flood Reduction Grant Program and criteria for
awarding grant funding for projects, and on November 5, 2018, the Board passed
Resolution FCD2018-09.2, which authorized an allocation of $3,166,261 from the
District’s 2019 budget to fund flood reduction projects; and
1.4 Whereas, on September 18, 2019 the District’s Board of Supervisors passed Resolution
FCD2019-11.1, which approved the flood reduction projects described in Attachment A to
that Resolution; and
1.5 Whereas, in accordance with the terms of these Resolutions, and in its capacity as
service provider to the District, King County has established policies and procedures for
administering the flood reduction grant program, a copy of which has been furnished to
Recipient and which is incorporated herein by this reference (hereinafter “Grant Policies
and Procedures”); and
1.6 Whereas, the Recipient submitted an application to receive funds for a project to be
funded by the Flood Reduction Grant Program; and
AGENDA ITEM #6. j)
Project Name: Monroe Avenue NE Storm System Improvement Award Number: 4.19.14
Page 2 of 7
1.7 Whereas the District’s Board of Supervisors approved funding of Recipient’s application
for the project (“Project”), as described in Attachment A to Resolution FCD2019-11.1 in
the amount of $125,000 (“Award”); and
1.8 Whereas King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B (“Scope of Work”), and the Budget, attached hereto and
incorporated herein as Exhibit C (“Budget”), are consistent with the Grant Policies and
Procedures, the Recipient’s application for the Project, and the Resolution approving
funding for the Project; and
1.9 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with Resolution FCD2019-11.1, and the Grant
Policies and Procedures, and under which the Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to pay the Award amount to Recipient in the total amount of
$125,000 from District funds. The Award shall be used by the Recipient solely for the
performance of the Project, as described in Exhibit A to this Agreement. Exhibit A,
attached hereto and incorporated herein by this reference, contains a description of the
Project as described in Attachment A to Resolution FCD2019-11.1. King County shall
pay the Recipient in accordance with the terms of the Grant Policies and Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scope of Work and issuance of the Final Report, as further described below.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1) they have been identified by
Recipient as being within the scopes of numbers 2) and 3) below, and have been
approved by King County as being within such scopes; 2) the activities are specified in
the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
Agreement; 4) the activities occur after the District passes a resolution approving an
award for the Project; 5) such activities and expenses otherwise comply with all
AGENDA ITEM #6. j)
Project Name: Monroe Avenue NE Storm System Improvement Award Number: 4.19.14
Page 3 of 7
other terms of this Agreement; and 6) reimbursements shall be paid to the Recipient only
after this Agreement has been fully executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form for those documented and allowable expenses
identified in the Budget and according to the rules set forth in the Grant Policies and
Procedures. Blank forms shall be provided to the Recipient by King County upon
execution of this Agreement. A progress report (with or without a request for payment)
shall be made no less frequently than every six months after the effective date of this
Agreement nor more frequently than every three months after the aforementioned date. A
Progress Report form shall be submitted with all payment requests. A one- time advance
of no more than 25% of the Award amount may be allowed, in the discretion of King
County, for expenses anticipated to be incurred in the three months following the date of
submission of the advance Request for Payment only for work that is included in the
Scope of Work of this Agreement, and identified as such in the Request for Payment.
Documentation of payments made from the advance payment shall be submitted to King
County prior to any further requests for payment.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient’s completion of the work in conformance with the terms of this Agreement
within thirty (30) days after the completion of the work. The final report may be
submitted on the Closeout Report form unless a more detailed final report is specified in
the scope of work. A blank form shall be provided to the Recipient by King County upon
execution of this Agreement. The final report shall include a summary of the Project’s
successes and shall address the flood reduction benefits accomplished by the work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS") or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative, shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
AGENDA ITEM #6. j)
Project Name: Monroe Avenue NE Storm System Improvement Award Number: 4.19.14
Page 4 of 7
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all claims,
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project
on all literature, signage or press releases related to the Project. The Recipient may
obtain from King County a District logo that may be used in the acknowledgement.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties unless such
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
3.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.5. The Project shall be completed by no later than December 31, 2021. In the event that the
Project is not completed by this date, King County has the discretion, but not the
obligation, to terminate this Agreement and retain any unexpended Award funds.
3.6. This Agreement may be signed in multiple counterparts.
AGENDA ITEM #6. j)
Project Name: Monroe Avenue NE Storm System Improvement Award Number: 4.19.14
Page 5 of 7
3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, such provision will be ineffective to that extent only, without in any
way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
3.8. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the District, King County’s
obligations are contingent upon the appropriation of sufficient funds by the Board of
Supervisors of the District to complete the Scope of Work. If no such appropriation is
made, this Agreement will terminate at the close of the appropriation year for which the
last appropriation that provides funds under this Agreement was made.
This document has been approved as to form by the King County Prosecuting Attorney’s Office
as of September 12, 2015.
.
KING COUNTY: RECIPIENT:
By By
Name Name Armondo Pavone
Title Title Mayor
Date Date
ATTEST
By
Name Jason A. Seth
Title City Clerk
APPROVED AS TO LEGAL FORM
By
Name Shane Moloney
Title Renton City Attorney
AGENDA ITEM #6. j)
Project Name: Monroe Avenue NE Storm System Improvement Award Number: 4.19.14
Page 6 of 7
EXHIBIT A: PROJECT DESCRIPTION
PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD
Monroe Avenue
NE Storm System
Improvement
City of
Renton
Design and construct a permanent solution to replace
the existing stormwater overflow from Monroe Ave
NE into a private property at 301 Monroe Ave NE. This
project will use a combination of the following
facilities and strategies to prevent historic flooding
along Monroe Ave NE, south of NE 4th St: infiltration
facilities, flood overflow bypasses, and flow splitters.
$10,000 $125,000
EXHIBIT B: SCOPE OF WORK
TASKS ACTIVITIES AND DELIVERABLES
APPROX.
PERCENT OF
AWARD
REQUEST
MONTH/YEAR
TASK WILL BE
COMPLETED
Task 1: Project
Administration
(Required task)
Submit reimbursement request forms, backup documentation
for billing, and progress reports at least every six months.
Submit a Fiscal Closeout form and a Closeout Report form with
the final reimbursement request.
0%July 2020
Task 2: Project
Management
(Consultant)
Consultant will prepare a project work plan recording project
schedule, staffing plan, budget expenditures, and task progress.
The Consultant will prepare monthly project status reports with
monthly invoices. The Consultant will coordinate with City staff,
as well as internally with its own staff. A kickoff meeting will be
held between Consultant and City.
10%July 2020
Task 3: Data
Collection
The consultant will collect available desktop information
(including topography, soils, geology, vegetation, land use,
ownership, storm system, and drainage problems) on the
contributing basin. Basic modeling and assessments will be
performed using available information. Consultant will provide a
memo summarizing information. City will provide review and
comments. Both parties will attend a submittal intake meeting.
Deliverables include Preferential Infiltration Location Memo and
Level 1 Project Area Review Memo.
25%July 2020
Task 4: Field
Work
The Consultant will perform a field truthing of the project site
and contributing basin to support analysis and design.
Subconsultant will perform up to five soil borings and present a
technical memo summarizing results. The Consultant will
provide more detailed field investigations for up to five locations
of stormwater improvements, up to three of which to include
water quality analysis.
30%July 2020
AGENDA ITEM #6. j)
Project Name: Monroe Avenue NE Storm System Improvement Award Number: 4.19.14
Page 7 of 7
TASKS ACTIVITIES AND DELIVERABLES
APPROX.
PERCENT OF
AWARD
REQUEST
MONTH/YEAR
TASK WILL BE
COMPLETED
Task 5:
Modeling
The Consultant will perform hydrologic and hydraulic analyses
using WWHM-SWMM to evaluate the conveyance capacity of
the existing system and the infiltration capacity of the existing
infiltration pipes. Analyses will also be performed to size the
proposed conveyance system and stormwater facilities. Up to
ten solution elements, and up to three basin solution
alternatives will be analyzed/modeled. Consultant will provide a
memo summarizing information. City will provide review and
comments. Both parties will attend a submittal intake meeting.
Deliverables include Field Work and Modeling Memo.
20%July 2020
Task 6:
Alternatives
Analysis
The Consultant will develop up to four solutions elements to
improve stormwater conveyance, up to four solution elements
to provide flow control to the basin, and up to four solution
elements to provide water quality treatment where appropriate.
The Consultant will combine and integrate solution elements
into up to three basin solution alternatives for conveyance
improvements, flow control, and water quality treatment. An
alternatives analysis will be used to compare criteria, evaluate
the effectiveness of each basin solution alternative, and select a
preferred alternative. Consultant will provide a memo
summarizing information. City will provide review and
comments. Both parties will attend a submittal intake meeting.
Deliverables include Solution Elements Memo and Combined
Basin Solution Elements Alternatives Analysis.
15%July 2020
EXHIBIT C: BUDGET
FINANCIAL LEVERAGE (not
required)
SOURCE NAME
Available City
Budget
BUDGET ITEM
GRANT
AWARD
REQUEST
AMOUNT
LEVERAGE
TOTAL
TOTAL
(Grant +
Leverage)
STAFFING $10,000 $10,000 $10,000
COMMERCIAL SERVICES AND CREW TIME $125,000 $125,000
TOTAL $125,000 $10,000 $10,000 $135,000
AGENDA ITEM #6. j)
0 1,250 2,500625Feet
±
VICINITY MAP Legend
Drainage Basin Boundary
Parcels
Existing Storm Structure
Existing Storm Pipe
Upper Balch Pit
NE 4TH ST
Drainag e Basin(2 11 Acres)
Drainag e Basin(2 11 Acres)
Renton City Lim its
Green wood Memorial Park
NE 2ND STMONROE AVE NENE 6TH ST
NE 8TH ST
NE 10TH ST
QUEEN AVE NEUNION AVE NEKC ACCESS RDJEFFERSON AVE NEKing CountyDepartment of Transportation
King CountyRenton Transfer Center
King CountyParks and Recreation
City of R entonPublic Wo rks Maintenance Shops
Existing 18 " and 24"Stormwater O verflow Pipes
Location of Floodingand Ero sion Problem
McDo nald's
Chevron
King CountyCommunity an d Emergency Center
36" PerforatedInfiltration Pipe
48" PerforatedInfiltration Pipe
ATTACHMENT A -
AGENDA ITEM #6. j)
AB - 2539
City Council Regular Meeting - 06 Jan 2020
SUBJECT/TITLE: Project Acceptance: CAG-19-209 with Nordvind Sewer Service, LLC for
the Rainier Avenue North Culvert Improvement Project 2019
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Ken Srilofung, Surface Water Utility Engineer
EXT.: 7247
FISCAL IMPACT SUMMARY:
The original contract amount was $106,751.58, and the final project cost was $121,562.57. The 14% increase
was due to a change order for an additional amount of grout concrete mix needed to repair the existing 36 -
inch culvert inverts. The project cost was partially funded ($80,000) by King County Flood Reduction Grant
funds and funded through the approved 2019 Capital Improvement Pro gram budget (427.475513).
SUMMARY OF ACTION:
The Rainier Avenue North Culvert Improvement Project 2019 was awarded to Nordvind Sewer Service, LLC
August 19, 2019. Physical completion of all required work items was granted November 1, 2019. The project
consisted of rehabilitating existing 36-inch culvert via a trenchless method of cured-in-place pipe. Other works
include the installation of a temporary storm drain bypass system, grout pipe invert repair, temporary traffic
control and final site restorations.
EXHIBITS:
A. Notice of Completion of Public Works Contract
STAFF RECOMMENDATION:
Accept the Rainier Avenue North Culvert Improvement Project 2019 with Nordvind Sewer Service, LLC and
authorize release of the retainage bond after 60 days, once all of the required releases from the state have
been obtained.
AGENDA ITEM #6. k)
Revised #
Assigned to:
UBI Number:
Yes No
Yes
Telephone #
Bond Number:
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.
Date Work Commenced Date Work Completed
Contractor Address
Date Contract Awarded
Retainage Bond Contract/Payment bond (valid for federally funded transportation projects)
Name:
Department Use Only
Original
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Project Name
Date Assigned:
Job Order Contracting
Federally funded transportation project?
Contractor's Name
Description of Work Done/Include Jobsite Address(es)
Affidavit ID*
No (if yes, provide Contract Bond Statement below)
Name & Mailing Address of Public Agency
E-mail Address
Contract Number
Notice is hereby given relative to the completion of contract or project described below
Date:Contractor's UBI Number:
Date Work Accepted
Were Subcontracters used on this project? If so, please complete Addendum A. Yes No
$
$$
$$
$$
%
$
$$
Contact Name:Title:
Affidavit ID* - No L&I release will be granted until all affidavits are listed.
Amount Disbursed
p
Sales Tax Rate
Contract Amount
NOTE: These two totals must be equal
TOTAL
Comments:
Sales Tax Amount
Reductions ( - )
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
TOTAL
Liquidated Damages
Email Address: Phone Number:
p
Sub-Total
Additions ( + )
Amount Retained
(If various rates apply, please send a breakdown)
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security
Department
Registration, Inquiry,
Standards & Coordination
Unit
(360) 902-9450
publicworks@esd.wa.gov
Department of Revenue
Public Works Section
(360) 704-5650
PWC@dor.wa.gov
F215-038-000 10-2014REV 31 0020e (10/26/15)
p@g
AGENDA ITEM #6. k)
Subcontractor's Name:UBI Number: (Required)Affidavit ID*
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014
AGENDA ITEM #6. k)
AB - 2552
City Council Regular Meeting - 06 Jan 2020
SUBJECT/TITLE: Agreement with Carollo Engineers for the 2019-2020 Sanitary Sewer
Rehabilitation and Replacement Project
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: John Hobson, Wastewater Utility Engineer
EXT.: 7279
FISCAL IMPACT SUMMARY:
Funding for this agreement in the amount of $299,066 is available from the approved 2019 Wastewater Utility
Capital Improvement Program budget for the 2019 Sanitary Sewer Rehab/Replacement Project (426.465518).
There is sufficient funding in the budget to cover the agreement.
SUMMARY OF ACTION:
The City of Renton’s Wastewater Utility is replacing or rehabilitating its sanitary sewer system on an annual basis. Much
of the rehabilitation is accomplished through trenchless construction methods. The city’s current specifications for this
type of rehabilitation are approximately 10 years old. In August 2019, the city solicited engineering firms for statements
of qualifications to enter into a contract with the city to update our trenchless construction specifications to include new
technologies and methods. Five firms submitted proposals and Carollo Engineers was rated as the most qualified to
perform this task.
This contract will result in a “Trenchless Standards & Design/Construction Guidelines Manual”. The manual will include
the latest trenchless pipeline rehabilitation technologies, methods, and training requirements. Staff from the
Wastewater and Surface Water Utilities will utilize the manual for in-house design of future rehabilitation projects,
thereby reducing the need and associated costs of using engineering consultants for this type of work. The manual will
also include specifications and methods of trenchless rehabilitation for contractor use in the rehabilitation of privately
owned side sewers.
A future contract addendum will be required for the surveying, geotechnical analysis, and design of the construction
plans for the 2019-2020 Rehabilitation and Replacement projects. These plans and specifications will also serve as
template for future, in-house designed rehabilitation projects.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Execute the agreement with Carollo Engineers in the amount of $299,066 for engineering services for the 2019-2020
Sanitary Sewer Rehabilitation and Replacement Project.
AGENDA ITEM #6. l)
AGREEMENT FOR 2019-2020 SANITARY SEWER
REHABILITATION AND REPLACEMENT PROJECT
THIS AGREEMENT, dated ______________________, is by and between the City of Renton (the
“City”), a Washington municipal corporation, and Carollo Engineers, Inc. (“Consultant”), a
Delaware Corporation. The City and the Consultant are referred to collectively in this Agreement
as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date
signed by both parties.
1. Scope of Work: Consultant agrees to provide engineering services as specified in Exhibit
A, which is attached and incorporated herein and may hereinafter be referred to as the
“Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later
than December 31, 2021.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $299,066, plus any applicable state and local sales taxes.
Compensation shall be paid based upon Work actually performed according to the
rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat
rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit D. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
AGENDA ITEM #6. l)
PAGE 2 OF 10
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
AGENDA ITEM #6. l)
PAGE 3 OF 10
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
AGENDA ITEM #6. l)
PAGE 4 OF 10
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
AGENDA ITEM #6. l)
PAGE 5 OF 10
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
AGENDA ITEM #6. l)
PAGE 6 OF 10
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Ann Fowler
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7211
afowler@rentonwa.gov
Fax: (425) 430-7241
CONSULTANT
Erik Waligorski
1218 Third Ave, Suite 1600
Seattle, WA 98101
Phone: (206) 538-5161
ewaligorski@carollo.com
Fax: (206) 903-0419
AGENDA ITEM #6. l)
PAGE 7 OF 10
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
AGENDA ITEM #6. l)
PAGE 8 OF 10
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Ann Fowler.
In providing Work, Consultant shall coordinate with the City’s contract manager or
his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
AGENDA ITEM #6. l)
PAGE 9 OF 10
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
AGENDA ITEM #6. l)
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
Erik J. Waligorski
Associate Vice President
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
CONSULTANT
By:____________________________
Brian R. Matson
Senior Vice President
Approved as to Legal Form
By: __________________________
_____________________________
Date
Shane Moloney
Renton City Attorney
Contract Template Updated 03/12/2019
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
SCOPE OF SERVICES
ENGINEERING SERVICES FOR THE CITY OF RENTON
2019-2020 SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT
BACKGROUND
The City of Renton Wastewater Utility implements an annual sanitary sewer rehabilitation and
replacement project as part of its ongoing capital improvement program. The rehabilitation
portions of this annual project adhere to the City’s existing trenchless rehabilitation standards
developed in 2010. For the 2019-2020 Sanitary Sewer Rehabilitation and Replacement Project,
the City will also undergo a review and update of their current trenchless rehabilitation
standards, an analysis of current trenchless rehabilitation technologies, and the development of
a trenchless design and construction guidelines manual for both capital projects and private
laterals prior to completing the design of the 2019-2020 sewer rehabilitation project.
This project includes:
Completing a review of the City’s existing trenchless rehabilitation standards and
develop new standards that include current technologies and requirements for pipelines
and manholes for both capital projects and private lateral projects.
Developing a trenchless design and construction guidelines manual for implementation
of the new rehabilitation standards.
Designing the rehabilitation and/or replacement of existing sewer lines within the City’s
system (scope to be determined in future phase).
SCOPE OF SERVICES SUMMARY
The 2019-2020 Sanitary Sewer Rehabilitation and Replacement Project will be completed in the
following phases:
Phase 1 - Trenchless Standards & Design/Construction Guidelines Manual Development
Phase 2 - Design and Bidding Services (Future)
Exhibit A establishes the Scope of Services, level of effort, and authorization to complete Phase
1 - Trenchless Standards & Design/Construction Guidelines Manual Development and a general
description of anticipated Phase 2 – Design and Bidding services. This Scope of Services is
divided into the following tasks:
Task 100 - Project Management
Task 200 - Trenchless Standards Research & Development
Task 300 - Trenchless Design & Construction Guidelines Manual
Task 400 - 2019-2020 Project Design (Future)
Task 500 - 2019-2020 Project Bidding Services (Future)
Phase 2 - Design and Bidding Services for the 2019-2020 Sewer Rehabilitation and
Replacement Project is intended to be scoped and completed in the future so that City Staff can
follow the implementation of the Trenchless Design & Construction Guidelines Manual. Task
400 and 500 outline the current understanding of the work included with Phase 2. These tasks
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
will be reviewed and finalized when the scope of the 2019-2020 Project is determined and the
newly developed trenchless standards and guidelines manual is ready for implementation.
SCHEDULE
This Scope of Services is based on Phase 1 completion in August 2020.
SCOPE OF SERVICES DETAIL
PHASE 1
TASK 100 - PROJECT MANAGEMENT
The objective of this task is to manage and coordinate engineering and related services
required for Project completion in accordance with the schedule, budget, and quality
expectations that are established. Task 100 includes the following subtasks:
Subtask 110 - Project Management Plan
This subtask will develop a Project Management Plan (PMP) for team member reference and
include schedule updates as necessary.
Conduct a kick-off meeting to discuss the scope of the project and identify and confirm
the 2019-2020 Sanitary Sewer Rehabilitation and Replacement criteria and required
deliverables.
Prepare a PMP document that describes project roles and responsibilities, lists contact
information for the project team, describes communication protocols, quality
management, and includes the scope of services, schedule, and budget. Project
schedule will be updated as necessary throughout the project to reflect current progress.
Subtask 120 – Project Monitoring and Reporting
This subtask will manage and report scope, schedule, and budget.
Manage the Project team to track time and budget, work elements accomplished, work
items planned for the next period, manpower, scope changes, and time and budget
needed to complete this Scope of Services.
Prepare monthly project status reports that compare work accomplished with schedule
activities and compare expenditures with task budgets, and submit reports to the City’s
Project Manager with monthly invoices.
Subtask 130 – Decision and Record of Comment Log
This subtask will keep record of key decisions and City comments and Consultant responses.
Develop and maintain a Decision Log to record key decisions made by the City and
others during the project to document the evolution of the design.
Develop and maintain a Record of Comment Log to track City review comments and
Consultant’s responses for all project deliverables.
Task 100 Assumptions:
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
1. It is anticipated that the project duration for Phase 1 - Trenchless Standards &
Design/Construction Guidelines Manual Development will be 8 months.
2. Consultant will develop meeting materials, agenda, attend meetings, and develop
meeting minutes.
Task 100 Deliverables:
1. Project Management Plan summary in PDF format.
2. Monthly invoices and progress reports in PDF format.
3. Decision Log in PDF format.
4. Record of Comment Log in PDF format.
5. Updated project schedules in PDF format.
TASK 200 - TRENCHLESS STANDARDS RESEARCH & DEVELOPMENT
The objective of this task is to review of the City’s existing trenchless standards and
technologies currently used for capital improvement projects and to update the standards based
on current industry practices and technologies. The developed standards shall address both
sanitary sewer and storm sewer pipeline and manhole rehabilitation and will address both
capital improvement projects and work on private laterals. This task will be completed under the
following subtasks:
Subtask 210 – Existing Standards Review & Research
Prepare a data request to obtain the City’s existing trenchless standards and details.
Conduct workshop with City Sewer Department and Surface Water Department staff.
This workshop will take place at the beginning of the standards development process to
gather City input, determine the City’s current procedures for trenchless rehabilitation
projects, and determine the desired outcome for the standards, with the primary goal of
expanding the rehabilitation technologies/alternatives covered by the existing standards.
Identify areas within existing standards where modifications are warranted and develop
ideas on where they can be implemented.
Research rehabilitation solutions identified during the workshop for potential benefit to
the City’s system.
Subtask 220 – Development of New Standards for Capital Improvement Projects
Develop specifications for trenchless technologies deemed viable for capital
improvement projects. Specifications will include:
o Minimum design requirements and design parameters.
o Minimum training and certification requirements for City design and inspection
staff.
o Specific testing and inspection requirements.
o Minimum performance and quality requirements.
o Acceptable manufactures and products
o Minimum qualifications for installers and contractors.
o Warranty requirements for all approved methods and materials.
Develop standard details to accompany the developed standards.
Provide draft standards and details to the City for review.
Conduct meeting following the City’s review of the draft standards and details to review
City’s comments.
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
Incorporate City comments into the standards and details and produce final deliverable.
Perform internal QA/QC of all submittals prior to presenting to the City.
Subtask 230 – Development of New Standards for Private Lateral Projects
Develop specifications for trenchless technologies deemed viable for private lateral
improvement projects. Specifications will include:
o Standard details
o Specific testing and inspection requirements.
o Minimum performance and quality requirements.
o Minimum qualifications for installers and contractors.
o Warranty requirements for all approved methods and materials.
Develop a packet that can be presented to the general public in need of private lateral
repairs or rehabilitation that outlines the minimum design requirements, design
parameters, and installer qualifications. This packet will also outline the process required
for private lateral repair or rehabilitation permitting and inspection.
Provide draft private lateral standards and details to the City for review.
Conduct meeting following the City's review of the draft private lateral standards and
details to review City's comments.
Incorporate City comments into the private lateral standards and details and produce
final deliverable.
Perform internal QA/QC of all submittals prior to presenting to the City.
Task 200 Assumptions:
1. City will provide the existing trenchless standards and details.
2. Carollo will produce agenda and meeting minutes for workshop meetings.
3. Two (2) workshop meetings will be held for development of the trenchless rehabilitation
standards.
4. The trenchless standards will cover both pipeline and manhole rehabilitation
technologies.
5. Specifications for up to four (4) trenchless technologies for pipeline
rehabilitation/replacement will be developed for capital improvement projects to be
limited to the following technologies: cured-in-place-pipe, slip lining, pipe bursting, and
epoxy coating. Specialty trenchless pipeline rehabilitation or replacement projects using
other technologies such as horizontal directional drilling, auger boring, or pipe jacking
will not be included in these standard specifications.
6. Specifications for up to two (2) trenchless technologies for pipeline
rehabilitation/replacement will be developed for private lateral projects to be limited to
the following technologies: cured-in-place-pipe and pipe bursting.
7. Private laterals in the City of Renton are defined as all piping and appurtenances from
the service connection at the sewer main to the home, business, etc. (both inside and
outside the right-of-way).
8. City staff will present the final private lateral replacement packet to the general public.
9. One (1) specification will be prepared to cover the trenchless rehabilitation of existing
manhole structures. The specification will include up to two (2) trenchless technologies
for manhole rehabilitation limited to the following: cured-in-place-pipe and
cementitious/epoxy/polymer coatings.
10. Up to twelve (12) trenchless standard details will be developed as part of this task.
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
Task 200 Deliverables:
1. Workshop agendas and meeting minutes.
2. Draft Updated Standard Trenchless Rehabilitation Technical Specifications and Details
in PDF format.
3. Final Updated Standard Trenchless Rehabilitation Technical Specifications and Details
in PDF format.
4. Draft Private Lateral Trenchless Rehabilitation Technical Standards and Details in PDF
format.
5. Final Private Lateral Trenchless Rehabilitation Technical Standards and Details in PDF
format.
TASK 300 – TRENCHLESS DESIGN GUIDELINES MANUAL
The objective of this task is to provide the City with guidelines for the future completion of
sanitary sewer and storm sewer rehabilitation capital improvement projects using in-house
design capabilities with minimal outside consultant assistance. This task will include the
following items:
Conduct a workshop with City Staff to develop alternative selection criteria to aid in the
selection of a trenchless rehabilitation method based upon various potential project
parameters. These parameters may include:
o Pipe condition, length, depth, size, and material.
o Existing and required hydraulic capacity.
o Geotechnical conditions.
o Pavement condition index (PCI) along project alignment, if applicable.
o Existing utilities along the project alignment.
o Other parameters deemed applicable during the development of the selection
criteria.
Develop draft Trenchless Design Guidelines Manual for the trenchless rehabilitation
design process. These guidelines shall cover all rehabilitation method alternatives
selected during the specification development phase and include:
o Alternative selection criteria and guidelines formulated during the workshop with
City Staff.
o Required design considerations for each alternative.
o Design guidelines for each alternative including, but not limited to, pipeline
rehabilitation diameter and/or thickness sizing, sizing of access areas and/or pits,
and material selection.
Provide draft Trenchless Design Guidelines Manual to the City for review.
Conduct meeting following the City’s review of the draft design and construction manual
to review the City’s comments and ensure they are addressed appropriately.
Incorporate City comments into the Trenchless Design Guidelines Manual and produce
final deliverable.
Perform internal QA/QC of all submittals prior to presenting to the City.
Task 300 Assumptions:
1. This task does not cover the initial assessment of lines to determine if rehabilitation vs.
replacement will be required (suitability of individual methods of rehabilitation for varied
conditions will be addressed).
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
2. One (1) workshop meeting and one (1) review meeting will be held for development of
the design guidelines manual.
Task 300 Deliverables:
1. Workshop agenda and meeting minutes.
2. Draft Trenchless Design Guidelines Manual in PDF format.
3. Final Trenchless Design Guidelines Manual in PDF format.
PHASE 2
TASK 400 – 2019-2020 PROJECT DESIGN (FUTURE)
The pipelines to be rehabilitated and/or replaced as part of the City’s 2019-2020 Sewer
Rehabilitation Project have yet to be selected. The 2019-2020 Project will be broken into two
separate Projects; one consisting of the pipe selected for rehabilitation and the other consisting
of the pipe to be replaced. The following task outline represents our preliminary understanding
of the work associated with the 2019-2020 Project Design. Task 400 will be revisited following
the completion of Phase 1 to finalize the scope and budget for these tasks.
Subtask 410 – Utility Investigation & Topographic Survey
Subtask 420 – Geotechnical Investigation & Analysis
Subtask 430 – Alternatives Analysis & Basis of Design Report (BODR)
Subtask 440 – Design (60%, 90%, Final)
Subtask 450 – Permitting
TASK 500 – 2019 PROJECT BIDDING SERVICES (FUTURE)
Following completion of Task 400, the project will be bid and the Consultant shall provide
Bidding Services to assist the City with a pre-bid walkthrough (as needed), answering bidder
questions, preparing addenda, and providing input on the apparent low bidder. Task 500 will be
revisited following the completion of Phase 1 to finalize the scope and budget.
AGENDA ITEM #6. l)
City of Renton2019-2020 Sewer Rehabilitation ProjectExhibit B12/3/2019PM QM PE Staff Eng CAD/Graphics WPWaligorski Taylor Sliger Mannion Hawes McPhail PECE Total Labor Rate230.00$ 245.00$ 165.00$ 145.00$ 140.00$ 100.00$ $12.00 110Project Management Plan8 16832 5,280$ -$ 384$ 384$ 5,664$ 120Project Monitoring and Reporting80 1696 21,040$ -$ 1,152$ 1,152$ 22,192$ 130Decision and Record of Comment Log16 8 1640 7,320$ -$ 480$ 480$ 7,800$ Subtotal - Task 100 104 0 40 16 0 8 168 33,640$ -$ 2,016$ 2,016$ 35,656$ 210Existing Standard Review & Research 24 0 56 40 0 2 122 20,760$ 300$ 1,464$ 1,764$ 22,524$ Prepare for and Conduct City workshop meeting8 8 10 2300$ Prepare Data Request & Review existing standards4 8 10Identify areas for improvement4 16 8Research new technologies and methods8 24 12220Development of New Standards for Capital Improvement Projects60 28 140 174 120 20 542 87,790$ 300$ 6,504$ 6,804$ 94,594$ Produce draft standard specification for method (x4 methods)32 16 64 64 12Produce draft standard details for method (2 details x 4 methods)8 8 40 40 80Conduct City review meeting4 4 6300$ Produce final standard specification for method (x4 methods)12 4 16 24 8Produce final standard details for method (2 details x 4 methods)4 16 40 40230Development of New Standards for Private Lateral Projects26 14 76 152 48 24 340 53,110$ 300$ 4,080$ 4,380$ 57,490$ Produce draft standard specification for method (x2 methods)8 8 32 64 8Produce draft standard details for method (2 details x 2 methods)4 4 20 40 32Conduct City review meeting4 4 8300$ Produce final standard specification for method (x2 methods)4 2 4 8 8Produce final standard details for method (2 details x 2 methods)2 4 8 16Produce private lateral rehabilitation packet4 12 24 8Subtotal - Task 200 110 42 272 366 168 46 1,004 161,660$ 1,800$ 12,048$ 12,948$ 174,608$ 310Develop Design & Construction Manual56 16 172 182 64 16 506 82,130$ 600$ 6,072$ 6,672$ 88,802$ Prepare for and Conduct City workshop meeting8 8 16300$ Develop design guidelines and requirements8 40 40Produce Draft Manual24 12 80 80 40 10Conduct review meeting4 4 6300$ Produce Final Manual12 4 40 40 24 6Subtotal - Task 300 56 16 172 182 64 16 506 82,130$ 1,200$ 6,072$ 6,672$ 88,802$ Total270 58 484 564 232 70 1,678 277,430$ 3,000$ 20,136$ 21,636$ 299,066$ Total Hours Carollo Labor Cost Task 100 - Project ManagementTask 300 - Trenchless Design & Construction ManualTASK / DESCRIPTION Travel and Printing Task 200 - Trenchless Standards Research & Development TOTAL COST OTHER DIRECT COSTS Total ODC 1AGENDA ITEM #6. l)
ID Task Name Duration Start Finish1NTP0 daysWed 1/15/20Wed 1/15/202Task 100: Project Management202 daysWed 1/15/20Thu 10/22/203Task 200: Trenchless Standards Research & Development127 daysWed 1/15/20Thu 7/9/204Subtask 210: Existing Standard Research & Development21 daysWed 1/15/20Wed 2/12/205Subtask 220: Development of New Standards for Capital Impovement Projects75 daysThu 2/13/20Wed 5/27/206Subtask 220: Development of New Standards for Private Lateral Projects75 daysSun 3/29/20Thu 7/9/207Task 300: Trenchless Design & Construction Manual75 daysFri 7/10/20Thu 10/22/201/1512/291/51/121/191/262/22/92/162/233/13/83/153/223/294/54/124/194/265/35/105/175/245/316/76/146/216/287/57/127/197/268/28/98/168/238/309/69/139/209/2710/410/1110/1810/2511/111/8JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovember2019-2020 Sanitary Sewer Rehabilitation and Replacement ProjectSOW Exhibit CEXHIBIT CAGENDA ITEM #6. l)
EXHIBIT D
CAROLLO ENGINEERS, INC.
FEE SCHEDULE
As of January 1, 2019
Engineers/Scientists
Hourly Rate
Assistant Professional $140.00 to 160.00
Professional $165.00 to 200.00
Project Professional $220.00 to 240.00
Lead Project Professional $240.00 to 260.00
Technicians
CAD Designer $130.00 to 160.00
Support Staff
Document Processing / Clerical $90.00 to 110.00
Project Equipment Communication Expense
(PECE) Per DL Hour
12.00
Other Direct Expenses
Airfare based on regular coach fare at cost
Hotel based on corporate rate for a
single room for one person
Mileage at IRS Reimbursement Rate
Effective January 1, 2019
at cost
$.580 per mile
Subconsultant at cost + 10%
Other Direct Cost (invoiced per occurrence with backup) cost + 10%
Expert Witness Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
SCOPE OF SERVICES
ENGINEERING SERVICES FOR THE CITY OF RENTON
2019-2020 SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT
BACKGROUND
The City of Renton Wastewater Utility implements an annual sanitary sewer rehabilitation and
replacement project as part of its ongoing capital improvement program. The rehabilitation
portions of this annual project adhere to the City’s existing trenchless rehabilitation standards
developed in 2010. For the 2019-2020 Sanitary Sewer Rehabilitation and Replacement Project,
the City will also undergo a review and update of their current trenchless rehabilitation
standards, an analysis of current trenchless rehabilitation technologies, and the development of
a trenchless design and construction guidelines manual for both capital projects and private
laterals prior to completing the design of the 2019-2020 sewer rehabilitation project.
This project includes:
Completing a review of the City’s existing trenchless rehabilitation standards and
develop new standards that include current technologies and requirements for pipelines
and manholes for both capital projects and private lateral projects.
Developing a trenchless design and construction guidelines manual for implementation
of the new rehabilitation standards.
Designing the rehabilitation and/or replacement of existing sewer lines within the City’s
system (scope to be determined in future phase).
SCOPE OF SERVICES SUMMARY
The 2019-2020 Sanitary Sewer Rehabilitation and Replacement Project will be completed in the
following phases:
Phase 1 - Trenchless Standards & Design/Construction Guidelines Manual Development
Phase 2 - Design and Bidding Services (Future)
Exhibit A establishes the Scope of Services, level of effort, and authorization to complete Phase
1 - Trenchless Standards & Design/Construction Guidelines Manual Development and a general
description of anticipated Phase 2 – Design and Bidding services. This Scope of Services is
divided into the following tasks:
Task 100 - Project Management
Task 200 - Trenchless Standards Research & Development
Task 300 - Trenchless Design & Construction Guidelines Manual
Task 400 - 2019-2020 Project Design (Future)
Task 500 - 2019-2020 Project Bidding Services (Future)
Phase 2 - Design and Bidding Services for the 2019-2020 Sewer Rehabilitation and
Replacement Project is intended to be scoped and completed in the future so that City Staff can
follow the implementation of the Trenchless Design & Construction Guidelines Manual. Task
400 and 500 outline the current understanding of the work included with Phase 2. These tasks
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
will be reviewed and finalized when the scope of the 2019-2020 Project is determined and the
newly developed trenchless standards and guidelines manual is ready for implementation.
SCHEDULE
This Scope of Services is based on Phase 1 completion in August 2020.
SCOPE OF SERVICES DETAIL
PHASE 1
TASK 100 - PROJECT MANAGEMENT
The objective of this task is to manage and coordinate engineering and related services
required for Project completion in accordance with the schedule, budget, and quality
expectations that are established. Task 100 includes the following subtasks:
Subtask 110 - Project Management Plan
This subtask will develop a Project Management Plan (PMP) for team member reference and
include schedule updates as necessary.
Conduct a kick-off meeting to discuss the scope of the project and identify and confirm
the 2019-2020 Sanitary Sewer Rehabilitation and Replacement criteria and required
deliverables.
Prepare a PMP document that describes project roles and responsibilities, lists contact
information for the project team, describes communication protocols, quality
management, and includes the scope of services, schedule, and budget. Project
schedule will be updated as necessary throughout the project to reflect current progress.
Subtask 120 – Project Monitoring and Reporting
This subtask will manage and report scope, schedule, and budget.
Manage the Project team to track time and budget, work elements accomplished, work
items planned for the next period, manpower, scope changes, and time and budget
needed to complete this Scope of Services.
Prepare monthly project status reports that compare work accomplished with schedule
activities and compare expenditures with task budgets, and submit reports to the City’s
Project Manager with monthly invoices.
Subtask 130 – Decision and Record of Comment Log
This subtask will keep record of key decisions and City comments and Consultant responses.
Develop and maintain a Decision Log to record key decisions made by the City and
others during the project to document the evolution of the design.
Develop and maintain a Record of Comment Log to track City review comments and
Consultant’s responses for all project deliverables.
Task 100 Assumptions:
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
1. It is anticipated that the project duration for Phase 1 - Trenchless Standards &
Design/Construction Guidelines Manual Development will be 8 months.
2. Consultant will develop meeting materials, agenda, attend meetings, and develop
meeting minutes.
Task 100 Deliverables:
1. Project Management Plan summary in PDF format.
2. Monthly invoices and progress reports in PDF format.
3. Decision Log in PDF format.
4. Record of Comment Log in PDF format.
5. Updated project schedules in PDF format.
TASK 200 - TRENCHLESS STANDARDS RESEARCH & DEVELOPMENT
The objective of this task is to review of the City’s existing trenchless standards and
technologies currently used for capital improvement projects and to update the standards based
on current industry practices and technologies. The developed standards shall address both
sanitary sewer and storm sewer pipeline and manhole rehabilitation and will address both
capital improvement projects and work on private laterals. This task will be completed under the
following subtasks:
Subtask 210 – Existing Standards Review & Research
Prepare a data request to obtain the City’s existing trenchless standards and details.
Conduct workshop with City Sewer Department and Surface Water Department staff.
This workshop will take place at the beginning of the standards development process to
gather City input, determine the City’s current procedures for trenchless rehabilitation
projects, and determine the desired outcome for the standards, with the primary goal of
expanding the rehabilitation technologies/alternatives covered by the existing standards.
Identify areas within existing standards where modifications are warranted and develop
ideas on where they can be implemented.
Research rehabilitation solutions identified during the workshop for potential benefit to
the City’s system.
Subtask 220 – Development of New Standards for Capital Improvement Projects
Develop specifications for trenchless technologies deemed viable for capital
improvement projects. Specifications will include:
o Minimum design requirements and design parameters.
o Minimum training and certification requirements for City design and inspection
staff.
o Specific testing and inspection requirements.
o Minimum performance and quality requirements.
o Acceptable manufactures and products
o Minimum qualifications for installers and contractors.
o Warranty requirements for all approved methods and materials.
Develop standard details to accompany the developed standards.
Provide draft standards and details to the City for review.
Conduct meeting following the City’s review of the draft standards and details to review
City’s comments.
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
Incorporate City comments into the standards and details and produce final deliverable.
Perform internal QA/QC of all submittals prior to presenting to the City.
Subtask 230 – Development of New Standards for Private Lateral Projects
Develop specifications for trenchless technologies deemed viable for private lateral
improvement projects. Specifications will include:
o Standard details
o Specific testing and inspection requirements.
o Minimum performance and quality requirements.
o Minimum qualifications for installers and contractors.
o Warranty requirements for all approved methods and materials.
Develop a packet that can be presented to the general public in need of private lateral
repairs or rehabilitation that outlines the minimum design requirements, design
parameters, and installer qualifications. This packet will also outline the process required
for private lateral repair or rehabilitation permitting and inspection.
Provide draft private lateral standards and details to the City for review.
Conduct meeting following the City's review of the draft private lateral standards and
details to review City's comments.
Incorporate City comments into the private lateral standards and details and produce
final deliverable.
Perform internal QA/QC of all submittals prior to presenting to the City.
Task 200 Assumptions:
1. City will provide the existing trenchless standards and details.
2. Carollo will produce agenda and meeting minutes for workshop meetings.
3. Two (2) workshop meetings will be held for development of the trenchless rehabilitation
standards.
4. The trenchless standards will cover both pipeline and manhole rehabilitation
technologies.
5. Specifications for up to four (4) trenchless technologies for pipeline
rehabilitation/replacement will be developed for capital improvement projects to be
limited to the following technologies: cured-in-place-pipe, slip lining, pipe bursting, and
epoxy coating. Specialty trenchless pipeline rehabilitation or replacement projects using
other technologies such as horizontal directional drilling, auger boring, or pipe jacking
will not be included in these standard specifications.
6. Specifications for up to two (2) trenchless technologies for pipeline
rehabilitation/replacement will be developed for private lateral projects to be limited to
the following technologies: cured-in-place-pipe and pipe bursting.
7. Private laterals in the City of Renton are defined as all piping and appurtenances from
the service connection at the sewer main to the home, business, etc. (both inside and
outside the right-of-way).
8. City staff will present the final private lateral replacement packet to the general public.
9. One (1) specification will be prepared to cover the trenchless rehabilitation of existing
manhole structures. The specification will include up to two (2) trenchless technologies
for manhole rehabilitation limited to the following: cured-in-place-pipe and
cementitious/epoxy/polymer coatings.
10. Up to twelve (12) trenchless standard details will be developed as part of this task.
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
Task 200 Deliverables:
1. Workshop agendas and meeting minutes.
2. Draft Updated Standard Trenchless Rehabilitation Technical Specifications and Details
in PDF format.
3. Final Updated Standard Trenchless Rehabilitation Technical Specifications and Details
in PDF format.
4. Draft Private Lateral Trenchless Rehabilitation Technical Standards and Details in PDF
format.
5. Final Private Lateral Trenchless Rehabilitation Technical Standards and Details in PDF
format.
TASK 300 – TRENCHLESS DESIGN GUIDELINES MANUAL
The objective of this task is to provide the City with guidelines for the future completion of
sanitary sewer and storm sewer rehabilitation capital improvement projects using in-house
design capabilities with minimal outside consultant assistance. This task will include the
following items:
Conduct a workshop with City Staff to develop alternative selection criteria to aid in the
selection of a trenchless rehabilitation method based upon various potential project
parameters. These parameters may include:
o Pipe condition, length, depth, size, and material.
o Existing and required hydraulic capacity.
o Geotechnical conditions.
o Pavement condition index (PCI) along project alignment, if applicable.
o Existing utilities along the project alignment.
o Other parameters deemed applicable during the development of the selection
criteria.
Develop draft Trenchless Design Guidelines Manual for the trenchless rehabilitation
design process. These guidelines shall cover all rehabilitation method alternatives
selected during the specification development phase and include:
o Alternative selection criteria and guidelines formulated during the workshop with
City Staff.
o Required design considerations for each alternative.
o Design guidelines for each alternative including, but not limited to, pipeline
rehabilitation diameter and/or thickness sizing, sizing of access areas and/or pits,
and material selection.
Provide draft Trenchless Design Guidelines Manual to the City for review.
Conduct meeting following the City’s review of the draft design and construction manual
to review the City’s comments and ensure they are addressed appropriately.
Incorporate City comments into the Trenchless Design Guidelines Manual and produce
final deliverable.
Perform internal QA/QC of all submittals prior to presenting to the City.
Task 300 Assumptions:
1. This task does not cover the initial assessment of lines to determine if rehabilitation vs.
replacement will be required (suitability of individual methods of rehabilitation for varied
conditions will be addressed).
AGENDA ITEM #6. l)
EXHIBIT A
pw:\\Carollo/Documents\
2. One (1) workshop meeting and one (1) review meeting will be held for development of
the design guidelines manual.
Task 300 Deliverables:
1. Workshop agenda and meeting minutes.
2. Draft Trenchless Design Guidelines Manual in PDF format.
3. Final Trenchless Design Guidelines Manual in PDF format.
PHASE 2
TASK 400 – 2019-2020 PROJECT DESIGN (FUTURE)
The pipelines to be rehabilitated and/or replaced as part of the City’s 2019-2020 Sewer
Rehabilitation Project have yet to be selected. The 2019-2020 Project will be broken into two
separate Projects; one consisting of the pipe selected for rehabilitation and the other consisting
of the pipe to be replaced. The following task outline represents our preliminary understanding
of the work associated with the 2019-2020 Project Design. Task 400 will be revisited following
the completion of Phase 1 to finalize the scope and budget for these tasks.
Subtask 410 – Utility Investigation & Topographic Survey
Subtask 420 – Geotechnical Investigation & Analysis
Subtask 430 – Alternatives Analysis & Basis of Design Report (BODR)
Subtask 440 – Design (60%, 90%, Final)
Subtask 450 – Permitting
TASK 500 – 2019 PROJECT BIDDING SERVICES (FUTURE)
Following completion of Task 400, the project will be bid and the Consultant shall provide
Bidding Services to assist the City with a pre-bid walkthrough (as needed), answering bidder
questions, preparing addenda, and providing input on the apparent low bidder. Task 500 will be
revisited following the completion of Phase 1 to finalize the scope and budget.
AGENDA ITEM #6. l)
City of Renton2019-2020 Sewer Rehabilitation ProjectExhibit B12/3/2019PM QM PE Staff Eng CAD/Graphics WPWaligorski Taylor Sliger Mannion Hawes McPhail PECE Total Labor Rate230.00$ 245.00$ 165.00$ 145.00$ 140.00$ 100.00$ $12.00 110Project Management Plan8 16832 5,280$ -$ 384$ 384$ 5,664$ 120Project Monitoring and Reporting80 1696 21,040$ -$ 1,152$ 1,152$ 22,192$ 130Decision and Record of Comment Log16 8 1640 7,320$ -$ 480$ 480$ 7,800$ Subtotal - Task 100 104 0 40 16 0 8 168 33,640$ -$ 2,016$ 2,016$ 35,656$ 210Existing Standard Review & Research 24 0 56 40 0 2 122 20,760$ 300$ 1,464$ 1,764$ 22,524$ Prepare for and Conduct City workshop meeting8 8 10 2300$ Prepare Data Request & Review existing standards4 8 10Identify areas for improvement4 16 8Research new technologies and methods8 24 12220Development of New Standards for Capital Improvement Projects60 28 140 174 120 20 542 87,790$ 300$ 6,504$ 6,804$ 94,594$ Produce draft standard specification for method (x4 methods)32 16 64 64 12Produce draft standard details for method (2 details x 4 methods)8 8 40 40 80Conduct City review meeting4 4 6300$ Produce final standard specification for method (x4 methods)12 4 16 24 8Produce final standard details for method (2 details x 4 methods)4 16 40 40230Development of New Standards for Private Lateral Projects26 14 76 152 48 24 340 53,110$ 300$ 4,080$ 4,380$ 57,490$ Produce draft standard specification for method (x2 methods)8 8 32 64 8Produce draft standard details for method (2 details x 2 methods)4 4 20 40 32Conduct City review meeting4 4 8300$ Produce final standard specification for method (x2 methods)4 2 4 8 8Produce final standard details for method (2 details x 2 methods)2 4 8 16Produce private lateral rehabilitation packet4 12 24 8Subtotal - Task 200 110 42 272 366 168 46 1,004 161,660$ 1,800$ 12,048$ 12,948$ 174,608$ 310Develop Design & Construction Manual56 16 172 182 64 16 506 82,130$ 600$ 6,072$ 6,672$ 88,802$ Prepare for and Conduct City workshop meeting8 8 16300$ Develop design guidelines and requirements8 40 40Produce Draft Manual24 12 80 80 40 10Conduct review meeting4 4 6300$ Produce Final Manual12 4 40 40 24 6Subtotal - Task 300 56 16 172 182 64 16 506 82,130$ 1,200$ 6,072$ 6,672$ 88,802$ Total270 58 484 564 232 70 1,678 277,430$ 3,000$ 20,136$ 21,636$ 299,066$ Total Hours Carollo Labor Cost Task 100 - Project ManagementTask 300 - Trenchless Design & Construction ManualTASK / DESCRIPTION Travel and Printing Task 200 - Trenchless Standards Research & Development TOTAL COST OTHER DIRECT COSTS Total ODC 1AGENDA ITEM #6. l)
ID Task Name Duration Start Finish1NTP0 daysWed 1/15/20Wed 1/15/202Task 100: Project Management202 daysWed 1/15/20Thu 10/22/203Task 200: Trenchless Standards Research & Development127 daysWed 1/15/20Thu 7/9/204Subtask 210: Existing Standard Research & Development21 daysWed 1/15/20Wed 2/12/205Subtask 220: Development of New Standards for Capital Impovement Projects75 daysThu 2/13/20Wed 5/27/206Subtask 220: Development of New Standards for Private Lateral Projects75 daysSun 3/29/20Thu 7/9/207Task 300: Trenchless Design & Construction Manual75 daysFri 7/10/20Thu 10/22/201/1512/291/51/121/191/262/22/92/162/233/13/83/153/223/294/54/124/194/265/35/105/175/245/316/76/146/216/287/57/127/197/268/28/98/168/238/309/69/139/209/2710/410/1110/1810/2511/111/8JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovember2019-2020 Sanitary Sewer Rehabilitation and Replacement ProjectSOW Exhibit CEXHIBIT CAGENDA ITEM #6. l)
EXHIBIT D
CAROLLO ENGINEERS, INC.
FEE SCHEDULE
As of January 1, 2019
Engineers/Scientists
Hourly Rate
Assistant Professional $140.00 to 160.00
Professional $165.00 to 200.00
Project Professional $220.00 to 240.00
Lead Project Professional $240.00 to 260.00
Technicians
CAD Designer $130.00 to 160.00
Support Staff
Document Processing / Clerical $90.00 to 110.00
Project Equipment Communication Expense
(PECE) Per DL Hour
12.00
Other Direct Expenses
Airfare based on regular coach fare at cost
Hotel based on corporate rate for a
single room for one person
Mileage at IRS Reimbursement Rate
Effective January 1, 2019
at cost
$.580 per mile
Subconsultant at cost + 10%
Other Direct Cost (invoiced per occurrence with backup) cost + 10%
Expert Witness Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
AGENDA ITEM #6. l)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING COUNCIL
POLICY 800‐10.
WHEREAS, the Council desires to revise its procedure for filling Council vacancies;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Council hereby amends City of Renton Policies & Procedure 800‐10,
Filling Council Vacancies, to read as attached hereto and incorporated herein as if fully set forth.
PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2020.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _______________________, 2020.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES:1832:12/18/19
AGENDA ITEM # a)
POLICY & PROCEDURE
Subject:
FILLING COUNCIL VACANCIES
Index: LEGISLATIVE
Number: 800‐10
Effective Date:
1/6/2020
Supersedes:
1/1/2019
Page:
1 of 4
Staff Contact:
CAO
Approved By:
1.0 PURPOSE:
To establish policy and procedures for filling a Council vacancy that is consistent with
State law.
2.0 ORGANIZATIONS AFFECTED:
City Councilmembers
3.0 REFERENCES:
RCW 42.12
RCW 42.30
RCW 35A.12
4.0 POLICY:
4.1 A Council position shall be officially declared vacant upon resignation, recall,
forfeiture, or death of a Councilmember, or for any other reason provided in RCW
42.12.
4.2 The Council, by majority vote, shall appoint a qualified person to fill the vacancy
in the Council.
4.2.1 The appointee shall serve on the Council until such time as a person is
elected and certified to fill the vacancy for the remainder of the unexpired
term at the next regular municipal election.
4.3 Candidates for a Council vacancy must:
4.3.1 Be a registered voter of the City of Renton.
AGENDA ITEM # a)
FILLING COUNCIL VACANCIES
p. 2
4.3.2 Have residency within the corporate limits of Renton at least one year
immediately prior to consideration for the vacancy.
4.4 A person shall be considered for filling the vacancy by submitting an application
packet that includes the following:
a) Letter of Interest from candidate;
b) Resume;
c) Letters of support from community members (optional); and
d) Completed Council Applicant Questionnaire
4.4.1 Candidates’ submitted materials shall be made available in the City Clerk
Division for inspection by the public after the submission deadline.
4.5 The City Clerk shall arrange for all announcements, interviews, and meetings
pertaining to a Council vacancy to be made public by publishing a notice in a local
newspaper of general circulation. Notice shall also be provided to each local radio
and/or television station that has a request to be notified on file with the City.
Notice of any special meetings shall be publicized 24 hours prior to the scheduled
meeting and must specify the time, place, and purpose of the meeting. The
requirements above do not preclude the continuation of a publicized meeting to
a time certain.
4.6 Interviews of selected candidates desiring to fill the vacant Council position shall
be conducted in a meeting open to the public in Council Chambers during a
scheduled Committee of the Whole, Special, or Regular meeting of the Council.
Minutes of the meeting must be kept in order to meet the requirements of the
Open Public Meetings Act. No public testimony regarding the candidates or their
related submitted materials will be accepted.
5.0 DEFINITIONS:
N/A
6.0 PROCEDURES:
6.1 If, for any reason, a vacancy in the Council occurs, the Mayor shall officially
acknowledge the vacancy at the next regularly scheduled Council meeting. If a
resignation, forfeiture or recall of a Council position occurs during a meeting,
official acknowledgment of the vacancy by the Mayor may take place during that
same meeting.
6.1.1 After officially acknowledging a vacancy on Council, the Mayor shall
request and encourage all qualified persons who desire to be appointed to
AGENDA ITEM # a)
FILLING COUNCIL VACANCIES
p. 3
the vacant position to submit an application packet (per Section 4.4) to the
City Clerk.
6.1.2 At the meeting the vacancy was acknowledged, the Council President may,
with the consent of the full Council, 1) establish the date and time by which
application packets must be submitted to the City Clerk, and 2) establish a
date and time for Council to review the submitted materials at an open
public meeting.
6.1.3 The day immediately following the Council meeting in which the Council
establishes a schedule for the submission of applications and review of
materials submitted, the City Clerk shall provide proper notice to local
media that:
a) Advertises the vacancy;
b) Requests qualified persons desiring to be appointed to the vacant
position submit application packets (per Section 4.4.);
c) Lists the requirements and deadlines candidates must meet in
order to be considered for the vacancy; and
d) Provides notice of when Council will review the submitted
materials.
6.1.4 After the submission deadline, the City Clerk shall prepare a packet for
each Councilmember and the Mayor consisting of the candidates’
submitted materials.
6.1.5 After receiving the packets, the Council shall meet in a meeting open to
the public, and may recess into Executive Session in order to review and
debate the qualifications of the candidates. Council must be in an open
session to select by majority vote either a candidate as the new
Councilmember or a slate of up to six candidates to interview at a future
Committee of the Whole, Special or Regular meeting of the Council.
If a candidate is selected as the new Councilmember, the City Clerk shall
notify the other candidates that the interview process is canceled.
6.1.6 If Council selects a slate of candidates to interview, the City Clerk shall
personally notify each candidate of the date, time, and place of the
interviews.
6.2 Each candidate will be interviewed at a Committee of the Whole, Special or
Regular Council meeting to be held in the Council Chambers.
6.2.1 Each candidate must respond to the same set of questions from Council.
AGENDA ITEM # a)
FILLING COUNCIL VACANCIES
p. 4
6.2.2 Candidates’ order of appearance at the interview shall be pre‐determined
by lottery.
6.2.3 The Council President may limit the length of each candidate’s interview
to 30 minutes.
6.2.4 Upon completion of all interviews, Councilmembers may recess into
Executive Session to discuss the qualifications of the candidates. Council
may also discuss the candidates’ qualification in open session.
6.3 After completion of the interviews and discussion, the Council President shall call
for nominations to fill the vacancy from the slate of candidates interviewed.
6.3.1 Nominations shall be made beginning with the Council President and in
order of roll call for the month.
6.3.2 Balloting is done by roll call vote. No secret ballot is permitted.
a) Balloting will continue until a nominee receives a majority of four
votes.
b) At any time during the balloting process, Council may postpone
balloting until the next regularly scheduled Council meeting if a
majority vote is not reached.
6.3.3 The nominee receiving the majority vote is declared the new
Councilmember and shall be sworn in by the City Clerk or other designated
official at the next regularly scheduled Council meeting.
6.3.4 If Council does not elect a new Councilmember within 90 days of the
acknowledged vacancy an impasse shall be declared. In the case of an
impasse, the Council President shall submit a request, which shall include
the list of nominees, to the King County Council to fill the vacancy. The King
County Council shall have 180 days to fill the vacancy from the date it was
officially acknowledged.
AGENDA ITEM # a)