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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, February 28, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Audience comments will be accommodated through Zoom. Speakers must click the link to the registration form (linked below), fill it out, and submit it by 5 p.m. on the day of the Council meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. Registration is not required for those who wish to speak during public hearings. Registration for Audience Comment Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form • You may also copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • Instructions for Virtual Attendance For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253- 215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Those providing audience comments will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. ADMINISTRATIVE REPORT a) Administrative Report 4. AUDIENCE COMMENTS NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 5. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of February 14, 2022. Council Concur b) AB - 3075 City Clerk submits the appraisal for the Chelan Ave NE street vacation petition (File No. VAC-21-001, Petitioner: Renton School District); and submits the staff recommendation to set the compensation for the street vacation at zero dollars ($0.00) based on the overall project layout, building layout, and utility easements. Refer to Transportation (Aviation) Committee c) AB - 3081 Mayor Pavone appoints Mr. Jeffrey Kelly to the Planning Commission for an unexpired term expiring on June 30, 2022. Refer to Planning & Development Committee d) AB - 3074 Mayor Pavone appoints the following individuals to the Renton Equity Commission: Cassandra Baddeley, Ashok Padhi, and Aleja Rubalcaba for terms expiring on 12/31/2022; Lisa Davis, Celina Kershner, and Rueben Turk for terms expiring on 12/31/2023; and Nicole Hill, Manami Imaoka, and Morgan Kroeger for terms expiring on 12/31/2024. Refer to Community Services Committee e) AB - 3076 Public Works Utility Systems Division submits CAG-18-155, contract with Applied Ecology, LLC, and requests approval of the project and authorization to release retainage after 60 days, once all required releases from the State have been obtained. Council Concur f) AB - 3077 Public Works Utility Systems Division recommends approval of the Water Quality Grant Agreement WQSWPC-2022-Renton-00047, with the Department of Ecology, in order to receive $4,797,875 for the Monroe Ave NE Storm System Improvement project. Refer to Finance Committee 6. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers, Fuel Tax Grant Agreement with the Washington State Transportation Improvement Board for the Rainier Avenue South Corridor Improvements Project – Phase 4 b) Transportation Committee: Addendum No. 7-22 to LAG-13-005 with The Landing Gear Works 7. LEGISLATION Ordinance for second and final reading: a) Ordinance No. 6056: D-206 MFTE Extension (First Reading 2/14/2022) 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 p.m. - MEETING REMOTELY Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Mayor’s Office Memorandum DATE: February 28, 2022 TO: Ryan McIrvin, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • City Hall is open for in-person services at our Finance and Police Counters, Monday through Wednesday, 9 a.m. to 3 p.m. Our Municipal Court counter is open Thursday and Friday, 8:30 a.m. to 4:30 p.m., while hearings are conducted via zoom. For more information, please visit our website. • Renton History Museum will open its newest exhibit, With This Ring, on Wednesday, March 2. Using objects and photos from the Museum’s collection, With This Ring takes a historical look at marriage in Renton, from finding a partner to weddings to working partnerships to same-sex unions. The exhibit is the product of many years of research into Renton’s varied unions and their remarkable stories. On exhibit from March 2, 2022 through October 19, 2022. • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  Monday, February 28 through Friday, March 4, 8:00 am to 3:00 pm. Asphalt repair in curb lane, north side of South Second Street, between Morris Ave South and Shattuck Ave South, weather permitting.  Monday, February 28 through Friday, March 4, 8:30 am to 3:00 pm. Single intermittent lane closures on Lind Avenue SW at NE 27th Street due to small cell installation. Questions may be directed to Joel McCann, 425-757-9595.  Monday, February 28 through Friday, March 4, 8:30 am to 3:00 pm. Single intermittent lane closures on Park Avenue South between N 10th Street and N 8th Street due to small cell installation. Questions may be directed to Joel McCann, 425-757-9595. AGENDA ITEM #3. a) Ryan McIrvin, Council President Members of Renton City Council Page 2 of 2 February 28, 2022  Windsor Hills Utility Improvements Project. Beginning in March 2022, BHC Consultants will perform the design work for the water system and storm system improvements in the Windsor Hill neighborhood. Survey work will be done on weekdays from 8 a.m. to 4 p.m. and will take several weeks to complete.  Downtown Utility Improvement Project. Several roadway closures and detours are required between now and project completion in 2022. For more information on current upcoming road closures and traffic impacts or to sign up for email or text alerts visit the project website at https://rentonwa.gov/duip.  Duvall Avenue Northeast Project: Continuous right lane closure on Northbound Duvall Avenue Northeast between Northeast 7th and Northeast 10th Street through estimated project completion in February 2023.  On-going Street Closure through October 4, 2023 (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support the Solera Development Project (LUA20- 000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #3. a) February 14, 2022 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, February 14, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM. ROLL CALL Councilmembers Present: Ryan McIrvin, Council President James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ed Prince, Council Position No. 5 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 (All councilmembers attended remotely) Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Kristi Rowland, Deputy Chief Administrative Officer Patrice Kent, Senior Assistant City Attorney Jason Seth, City Clerk Judith Subia, Council Liaison April Alexander, Executive Assistant Preeti Shridhar, Equity, Housing, and Human Services Administrator Chip Vincent, Community & Economic Development Administrator Martin Pastucha, Public Works Administrator Kari Roller, Finance Department Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Kelly Beymer, Parks & Recreation Department Administrator Kristin Trivelas, Fiscal Services Director Kim Gilman, HR Labor Manager Vanessa Dolbee, Planning Director AGENDA ITEM #5. a) February 14, 2022 REGULAR COUNCIL MEETING MINUTES Cailín Hunsaker, Parks & Trails Director Young Yoon, IT Director Ron Straka, Public Works Utility Systems Director Paul Hintz, Senior Planner Ian Gray, Urban Forestry & Natural Resources Manager Chief Jon Schuldt, Police Department Administrator Commander Ryan Rutledge, Police Department (All City staff attended remotely except City Clerk Seth) ADMINISTRATIVE REPORT Deputy CAO Kristi Rowland reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2022 and beyond. Items noted were: • In honor of February being Black History Month, the following events will be taking place virtually or in-person.  On Tuesday, February 15 at 1 p.m., the City of Bellevue will be hosting Cultural Conversations – “Story in the Cloth” Quilting Traditions and Practices in the African American Community. To register for this virtual event visit https://cityofbellevue.zoom.us/meeting/register/tJYuduytpj0iHN2a2lm3sFgfS- uCXuWXAAwW.  Northwest African American Museum is hosting The Past, Present and Future of Black History moderated by Dr. Quintard Taylor of the University of Washington with keynote speaker Lonnie Bunch III, secretary of The Smithsonian Institution. This event will be held on Thursday, February 17, at 5 p.m. For more information and to register for this virtual event, visit https://www.naamnw.org/2022-black-history- month-keynote-program.  The African Americans Reach and Teach Health (AARTH) will host African Dance & Rituals on Wednesday, February 23, from 5-6pm. For more information and to register for this event visit www.aarth.org.  The Renton African American community and the City of Renton will co-host a Black History Month celebration on Saturday, February 26, from 12-2 p.m. Planning is still in progress and more information will be available soon. • The Emergency Feeding Program/SOS will be hosting lunch pop-ups on Tuesday, February 15 and Tuesday, February 22 from 12:30-2 p.m. at 300 Rainier Avenue North. This free event is open to the unsheltered and residents with food insecurities. Amazon Fresh ready-to-eat food and drinks will be available, as well as personal hygiene kits, cleaning supplies and socks. • On Saturday, February 19, Remember and Resist Day of Remembrance 1942-2022, will be held at the Puyallup Fairgrounds Blue Lot Parking, 311 10th Avenue SE, Puyallup starting at 10 a.m. This date marks 80 years since the signing of Executive Order 9066 that authorized the forced removal and mass incarceration of all Japanese Americans on the West Coast and beyond. At 11 a.m. the event moves to the Northwest Detention Center 1623 East J Street, Tacoma, for a continuation of the program starting at 12 p.m. Weather permitting, there will be some outdoor programming. Masks and social distancing required. To RSVP or for more information email info@seattlejacl.org. AGENDA ITEM #5. a) February 14, 2022 REGULAR COUNCIL MEETING MINUTES • Veterans Memorial Park offers a unique setting to reflect on names of over 2,000 US veterans etched into granite tile plaques. Each Memorial Day the City honors military veterans with a ceremony at this park. February 28 is the deadline to submit applications for a memorial tile to be completed by this year’s Memorial Day service. Application instructions are found at www.rentonwa.gov/veteransmemorialpark. Downloadable and paper versions of the application are also available. For more information contact the Parks and Recreation Department at 425-430-6600. • Washington State Department of Commerce has awarded the City of Renton a $1.768M grant from Connecting Housing to Infrastructure Program (CHIP). The purpose of the CHIP grant program is to fund water, sewer, and storm system infrastructure improvements that serve affordable housing projects and reimbursement of waived utility system development charges that affordable housing projects typically pay as part of the project’s permit approval. The CHIP grant funding will be used by Renton Water Utility to make off-site water system infrastructure improvements at Renton Housing Authority’s 76-unit Sunset Gardens affordable housing project, which will start construction in the spring. Part of the funding will be used as reimbursement of system development charges that were waived on the Sunset Gardens project. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Ali Cohen, Renton, expressed appreciation for the new body camera and free wifi programs, but noted the $3 million expenditure for the City Hall lobby renovation could be better spent supporting local small businesses. • Winter Cashman, Renton, echoed the previous speaker’s comments. • Diane Dobson, Renton, expressed concern that Renton’s requirements for the ARPA (American Rescue Plan Act) grants for small businesses are stricter than the federal requirements. She also lamented that only $600,000 was proposed to be set-aside for small business loans. • Rachael Waqaitanoa, Renton, stated that she is youth council member of the Pacific Islander Community Association of Washington (PICA-WA), and asked the City to reconsider its stance regarding restorative justice programs. • Keleni Tavaiqia, Renton, stated that she is also youth council member of PICA-WA, and she also requested the City reconsider its stance on restorative justice programs. • Donna Tavaiquia, Renton, stated that she too is a member of the Pacifika Wayfinder Program and youth council member of PICA-WA, and asked that the City reconsider its stance on restorative justice programs. • Amaya Vili, Renton, stated that she is a youth council member of PICA-WA, and asked that the City reconsider its stance on restorative justice programs. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of February 7, 2022. Council Concur. AGENDA ITEM #5. a) February 14, 2022 REGULAR COUNCIL MEETING MINUTES b) AB - 3067 Mayor Pavone appointed Ms. Jessica Kushneryk to the Renton Municipal Arts Commission for an unexpired term expiring on December 31, 2022. Refer to Community Services Committee. c) AB - 3058 Human Resources / Risk Management Department recommended approval of the 2022-2024 AFSCME Local 2170 labor contract. Council Concur. d) AB - 3068 Human Resources / Risk Management Department requested approval to waive Section 6.1 of Council Policy 800-07 regarding ordinances, in order to adopt the revised 2022 Salary Table to reflect wage increases agreed to in the 2022-2024 AFSCME Local 2170 bargaining agreement. Council Concur. e) AB - 3069 Public Works Transportation Systems Division recommended approval to execute the Fuel Tax Grant Agreement, with the Washington State Transportation Improvement Board (TIB), in order to accept $5,000,000 in grant funds for the construction of the Rainier Ave S Corridor Improvements Project - Phase 4. This project improves infrastructure to the Rainier Ave S corridor between S 3rd St to NW 3rd Pl. Refer to Finance Committee. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Planning & Development Committee Chair Prince presented a report directing staff to return to the Committee with a recommended course of action after completion of the public planning process for the Urban Forestry Management Plan. Staff has completed that process. The Planning & Development Committee concurred in the staff and Planning Commission’s recommendation to adopt the Plan. The Committee further recommended that a resolution adopting the Plan be presented for adoption. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Planning & Development Committee Chair Prince presented a report concurring in the staff recommendation and Planning Commission recommendation to adopt the 2021 Title IV Docket Group #16, Group D, Item D-206: Expansion of Multi Family Property Tax Exemption Residential Targeted Areas. Item D-206 designates the Rainier/Grady Junction TOD Subarea residential targeted area, allowing eligible projects to apply for an 8-, 12-, or 20-year Exemption. Item D-206 also designates the South Lake Washington residential targeted area, allowing eligible affordable projects in that area to apply a 12- or 20-year Exemption. The Committee further recommended that an ordinance regarding this item be presented for first reading. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Planning & Development Committee Chair Prince presented a report concurring with the staff and Planning Commission recommendation to adopt the 2021 Title IV Docket Group #16, Group D. The Planning and Development Committee further recommended that ordinances for the items listed below be prepared and presented for first reading when they are complete. • D-197 Trees • D-205 Administrative Code Interpretations AGENDA ITEM #5. a) February 14, 2022 REGULAR COUNCIL MEETING MINUTES MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $6,972,219.50 for vouchers 10410-10420, 12522, 399702-397748, 397750-397751, 397760-398058; payroll benefit withholding vouchers 6755-6766, 397752-397759 and 2 wire transfers. 2. Payroll – total payment of $1,559,570.04 for payroll vouchers that include 595 direct deposits and 8 checks. (01/01/2022-01/15/2022 pay period). 3. Kidder Mathews vouchers 1065-1080 totaling $22,161.35. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the grant agreement with the Renton Housing Authority for $1,500,000 for Sunset Gardens and authorize the Mayor and City Clerk to execute the agreement. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve Amendment 3 to the 2020 Washington State Department of Health Supplemental Nutrition Assistance Program Incentive Agreement to accept an additional $27,500.00 in funding at the Renton Farmers Market for January 1, 2022 through December 31, 2022. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. g) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to authorize the Mayor to approve the payment of the required Restoration and Permitting (RAP) Conservation Fee in the amount of $154,176.91. The full cost of the RAP conservation fee has been budgeted in account 316.332069.020.594.76.63.000. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. h) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to execute the agreement with Mackenzie Engineering, Inc. in the amount of $187,572 for Tenant Improvements for the City Hall 7th Floor. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. i) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to execute the new lease agreement with New Cingular Wireless, PC at Highlands Reservoir for 20 years, effective February 1, 2022, to January 31, 2042, with a one-time administration fee of $7,500 and a monthly fee of $2,800 with 3% annual increases. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #5. a) February 14, 2022 REGULAR COUNCIL MEETING MINUTES j) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to authorize execution of a grant agreement with the Department of Commerce for $250,000 in grant funds, subject to approval as to form by the City Attorney Department, to be used for the Rainier/Grady Junction TOD Subarea Planned Action EIS. The Committee further recommended that the Mayor and City Clerk be authorized to enter into an agreement with BERK Consulting, Inc., in the amount of $240,000 to assist in the development of the Rainier/Grady Junction Planned Action EIS. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. k) Finance Committee Chair O'Halloran presented a majority report concurring in the staff recommendation to approve the targeted allocation of remaining ARPA spending in the amount of $11,650,000 to be used for the outlined purposes, with an unallocated amount of $2,383,855 to be held for future consideration. Future spending will be reviewed and verified by the Finance Department to ensure compliance with the spending plan adopted by Council. Finance Committee member Vǎn presented a minority report recommending the ARPA recommendation be modified to reflect the needs of the community as follows: • City operations, lobby renovations, and public sector revenue loss of the proposed $10 million be reduced to $7 million; • An increase in small business grants for an additional $1 million; and • Unallocated funds to be allocated to equity and human services to $4,383,855 MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE FINANCE COMMITTEE MAJORITY REPORT. * Council discussion ensued regarding how the ARPA funds were proposed to be expended, the reasons the City Hall lobby needs to be renovated, the need to cover City revenue losses due to the ongoing pandemic, the need to support equity and human service needs, and the need to assist small businesses. Responding to Council inquiries, Finance Administrator Kari Roller noted: 1. $1.4 million of CARES Act funding was allocated to support human service needs, with $644,000 expended at this time. 2. $1.6 million of CARES Act funding was expended supporting small businesses. 3. The body camera program will cost approximately $3 million over the next five years. AYES: MCIRVIN, O’HALLORAN, PRINCE, ALBERSON, PÉREZ NOES: RIVERA, VǍN *MOTION CARRIED. LEGISLATION Resolution: a) Resolution No. 4462: A resolution was read adopting the City of Renton Urban Forest Management Plan 2022-2032. AGENDA ITEM #5. a) February 14, 2022 REGULAR COUNCIL MEETING MINUTES MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinance for first reading and advancement to second reading: b) Ordinance No. 6055: An ordinance was read amending the 2022 City of Renton Salary Table for non-represented City employees, AFSCME Local 2170 City employees, Renton Police Department – Commissioned Officers, and Renton Police Department – non-commissioned employees. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED. Following second and final reading, it was MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance for first reading: c) Ordinance No. 6056: An ordinance was read amending Subsections 4-1-220.B and 4-1-220.D of the Renton Municipal Code, by extending to the Rainier/Grady Junction TOD Subarea and South Lake Washington Subarea the Multi-Family Housing Property Tax Exemption, adopting the eligible areas for Multi-Family Housing Incentives Map, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL AMEND THE AGENDA TO ADD AN EMERGENCY ORDINANCE. CARRIED. Added Ordinance for first reading and advancement to second reading: d) Ordinance No. 6057: An ordinance was read declaring a moratorium on land use, building permit, and business license applications for warehousing and distribution; setting forth findings of fact in support of said moratorium; providing for severability; declaring an emergency; and establishing an immediate effective date. MOVED BY MCIRVIN, SECONDED BY ALBERSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED. Following second and final reading, it was MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. AGENDA ITEM #5. a) February 14, 2022 REGULAR COUNCIL MEETING MINUTES ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 8:03 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 14 Feb 2022 AGENDA ITEM #5. a) Council Committee Meeting Calendar February 14, 2022 February 15, 2022 Tuesday 3:30 PM Utilities Committee, Chair Alberson – VIDEOCONFERENCE 1. Emerging Issues in Utilities • Solid Waste Billing Credit Update • Downtown Utility Improvement Project Construction Update • National Pollution Discharge Elimination Systems Permit Program 5:00 PM Transportation Committee, Chair Văn – VIDEOCONFERENCE 1. Addendum No. 7-22 to LAG-13-005 with The Landing Gear Works 2. Emerging Issues in Transportation • Wells Ave S & Williams Ave S Conversion Project Update • CIP Project Status and Work Plan • Airport Layout Plan February 21, 2022 Monday Presidents’ Day Holiday – No Meetings February 28, 2022 Monday 3:00 PM * Finance Committee, Chair O’Halloran – VIDEOCONFERENCE 1. Fuel Tax Grant Agreement with the Washington State Transportation Improvement Board for the Rainier Avenue South Corridor Improvements Project – Phase 4 2. Vouchers 3. Emerging Issues in Finance 5:00 PM Planning & Development Committee, Chair Prince – VIDEOCONFERENCE 1. Retail Pet Sales 2. 2022 Work Program 3. Emerging Issues in CED 6:00 PM Committee of the Whole, Chair McIrvin – VIDEOCONFERENCE 1. Community Services/Parks & Recreation Year in Review 7:00 PM Council Meeting – VIDEOCONFERENCE * revised 02/22/22 AGENDA ITEM #5. a) AB - 3075 City Council Regular Meeting - 28 Feb 2022 SUBJECT/TITLE: Set Compensation and Final Approval of Chelan Ave NE Street Vacation Petition; VAC-21-001 RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: On September 24, 2021, a finalized street vacation petition was submitted by the Renton School District (Chelan Ave NE Street Vacation Petition). The petition was approved to form by the Community and Economic Development Department on September 24, 2021. A Public Hearing was held on November 22, 2021, whereby Council Council authorized the petition to move forward subject to the following conditions "dedication of 10,234 square feet in two (2) locations of Chelan Ave NE; and petitioner to provide an apprai sal of the vacation area. The next steps are to review the appraisal and staff recommendation and determine where compensation should be set. The appraisal came in at $235,500, however, the staff recommendation is to set the compensation at $0.00 based on the overall project layout, building layout, and utility easements. EXHIBITS: A. Issue Paper B. Appraisal C. Draft Ordinance STAFF RECOMMENDATION: Accept the appraisal and set compensation for the Chelan Ave NE street vacation petition at $0.00 b ased on the overall project layout, building layout, and utility easements. AGENDA ITEM #5. b) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:February 1, 2022 TO:Kim-Khánh Văn, Committee Chair Members of Transportation Committee VIA:Armondo Pavone, Mayor FROM:C. E. “Chip” Vincent, CED Administrator STAFF CONTACT:Amanda Askren, Property & Technical Services Manager SUBJECT:VAC21-001 Chelan Ave Street Vacation Compensation ISSUE: What value should Council wish to set compensation on the street vacation for a portion of Chelan Avenue NE within the Renton School District development project? RECOMMENDATION: Staff recommends that Council set compensation for the proposed street vacation at $0 based on the overall project site layout, building layout and utility easements. BACKGROUND SUMMARY: As part of the approved Renton School District new Elementary School development, a portion of existing street known as Chelan Ave NE was identified to be vacated in 2 areas of street lying between NE 12th Street and NE 10th Street, which was originally dedicated to King County in multiple deeds and annexed to the City of Renton in 2005. During the Land Use Application process, an approved site layout determined the right- of-way for the project site as the school district is combining multiple parcels into one for the construction of a new elementary school. . The Public Hearing was held on November 22, 2021. During the review period, the street vacation was sent to internal and external reviewers with no comments to impact the street vacation. Public comments were heard at the Public Hearing and the City did not receive additional comments. The Council approved the street vacation with the following conditions: •Dedication of 10,234 sqft in 2 locations of Chelan Ave NE •Petitioner provide an appraisal of the vacation area in the amount of $235,500. Based on the appraisal values and other considerations within the project, staff is recommending compensation be set at $0. The filing fee was charged per the appraised amount of $235,500 to help offset staff time and recording fees associated with the Ordinance and finalizing the street vacation. AGENDA ITEM #5. b) Page 2 of 2 February 1, 2022 CONCLUSION: Set the street vacation compensation at $0 and request the Mayor and City Clerk to execute the Ordinance for street vacation. AGENDA ITEM #5. b) Fair Market Value Two Separate Portions of the Chelan Avenue NE Right of Way (Portion A) Adjacent to the Eastern Boundaries of Parcels 102305-9107 & 9138 and Adjacent to the Western Boundaries of Parcels 102305-9249 & 9124 & (Portion B) Adjacent to the Southeastern Boundary of Parcel 102305-9076 and Adjacent to the Northwestern Boundary of Parcel 102305-9139 Renton, Washington 98059 For The Renton School District Facility & Maintenance Department Attn: Mr. Fred Malocco, Ph.D. 78121 South 124th Street Seattle, Washington 98178 By Metropolitan Valuation 129 E 67th Street Tacoma, Washington 98404 Robert S. Bacon, MAI State-certified General Real Estate Appraiser Number 1102392 Date of Value: January 17, 2022 Date of Report: January 18, 2022 File Number: 22-101 AGENDA ITEM #5. b) File #22-101 Page 1 Metropolitan Valuation IC No.: NA Federal Aid No.: NA Project: Chelan Avenue NE Right of Way Vacation Sheet: NA Map Approval Date NA Last Revision Date: NA CERTIFICATE OF APPRAISER I hereby certify that, to the best of my knowledge and belief: I personally made a field inspection of the property herein appraised and the comparable sales relied upon in making this appraisal. That the statements of fact contained in this appraisal report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. That I understand this appraisal is to be used in connection with the transfer of surplus property owned by the City of Renton, Washington. That such appraisal has been made in conformity with the appropriate State laws, regulations, policies and procedures applicable to appraisal of real estate for such purposes. That neither my employment nor my compensation for making this appraisal and report were contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. That no one provided significant professional assistance to the persons signing this appraisal, except as otherwise noted in the herein Assumptions and Limited Conditions. That I have no direct or indirect present or contemplated future personal interest in such property, or in any benefit from the acquisition of such property appraised and have no personal interest with respect to the parties involved with this assignment. That I have no bias with respect to the property that is the subject of this report or to the parties involved with assignment. That this appraisal was made and prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation; (see Surplus Appraisal Salient Information; Scope of the Appraisal) That I have not revealed the findings and results of such appraisal to anyone other than the client, and I will not do so until authorized by the client, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings. AGENDA ITEM #5. b) File #22-101 Page 2 Metropolitan Valuation That the conclusion set forth in this appraisal is my independent, impartial, and unbiased opinion of the value of the property as of January 17, 2022. FAIR MARKET VALUE $ 235,500 The property has been appraised for its Fair Market Value as though owned in fee simple. The opinion of value expressed above is the result of and is subject to the data and conditions described in detail within this report. Date of Signed Engagement Letter: January 12, 2022 Name: Robert S. Bacon, MAI State-certified General Real Estate Appraiser Number 1102392 Signature __________________________ Date Signed: January 18, 2022 DO NOT WRITE BELOW THIS LINE Headquarters Date Stamp District Date Stamp AGENDA ITEM #5. b) File #22-101 Page 3 Metropolitan Valuation SURPLUS APPRAISAL SALIENT INFORMATION Property Rights Appraised Unless specified otherwise in this report, the property rights appraised constitute the fee simple interest. Date of Value The effective date of the value opinion for the subject property is January 17, 2022. Competence of Appraiser I have both the knowledge and experience required to competently perform this appraisal. Purpose of the Appraisal The purpose of this appraisal is to express an opinion of the Fair Market Value for the proposed vacation of two portions of right of way owned by the City of Renton, Washington. Use of the Appraisal This appraisal is to be used to provide information to the client, The Renton School District, to estimate the Fair Market Value of the subject property to be used, if offered, for a direct sale to the abutting owners. Scope of the Appraisal The scope of the investigation and analysis, as well as the geographical area and time span searched for market data, is described in the valuation section of the body of this appraisal. There are three basic, traditional approaches to the estimation of Fair Market Value: The Cost Approach, the Income Capitalization Approach, and the Market or Direct Sales Comparison Approach. Of these, only the Direct Sales Comparison Approach is employed herein because it is market typical for the subject property whereas the other approaches are not. The Jurisdictional Exception Rule has been invoked with regard to the categorization of the type of the appraisal according to USPAP Standards 1 and 2. This appraisal is in compliance with all legal Washington State Department of Transportation requirements. This is not a waiver of USPAP requirements, only an acknowledgment that Agency requirements prevail, rather than USPAP requirements. Definition of Fair Market Value “Fair Market Value” is the amount of money which a purchaser willing, but not obliged, to buy would pay a seller willing, but not obligated, to sell, for property, goods, or services. (WAC 390- 05-235) Definition of Highest and Best Use The Appraisal of Real Estate, 15th Edition, a publication of the Appraisal Institute, defines highest and best use for a property as: “The reasonably probable use of the property that results in the highest value.” AGENDA ITEM #5. b) File #22-101 Page 4 Metropolitan Valuation There are four criteria utilized in the highest and best use analysis. The highest and best use must be (1) legally permissible, (2) physically possible, (3) financially feasible and (4) maximally productive. Definition of the Larger Parcel “Larger Parcel” is defined as: In governmental land acquisitions, the tract or tracts of land that are under the beneficial control of a single individual or entity and have the same, or an integrated, highest and best use. Elements for consideration by the appraiser in making a determination in this regard are contiguity, or proximity, as it bears on the highest and best use of the property, unity of ownership, and unity of highest and best use. In most states, unity of ownership, contiguity, and unity of use are the three conditions that establish the larger parcel for the consideration of severance damages. In federal and some state cases, however, contiguity is sometimes subordinated to unitary use. This definition is contained in The Dictionary of Real Estate Appraisal, Sixth Edition, which was copyrighted by the Appraisal Institute in 2015. Definition of Cash Equivalent A price expressed in terms of cash (money) as distinguished from a price which is expressed all or partly in terms of the face amount of notes or other securities which cannot be sold at their face amount. Market data in this appraisal are compared to the subject on an all cash basis to satisfy the definition of Fair Market Value. Identification of the Client and Intended Users The client is identified as The Renton School District. I was retained by the client, who is also identified as an intended user. Recognizing that the City of Renton may also use this appraisal to determine the value of the surplus property, the City of Renton is also named as an intended user. AGENDA ITEM #5. b) File #22-101 Page 5 Metropolitan Valuation ASSUMPTIONS AND LIMITING CONDITIONS 1. The property descriptions supplied are assumed to be correct; 2. A survey of the property has been provided by the client and has been reviewed. No responsibility is assumed for its accuracy. Additional illustrative material, including maps and plot plans, utilized in this report are included only to assist the reader in visualizing the property. Property dimensions and sizes are considered to be approximate; 3. No responsibility is assumed for matters of a legal nature affecting title to the propert y, nor is any opinion of title rendered. Property titles are assumed to be good and merchantable unless otherwise stated; 4. Information furnished by others is believed to be true, correct, and reliable. However, I assume no responsibility for its accuracy; 5. All mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless so specified within the report. The property is assumed to be under responsible, financially sound, ownership and competent management; 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render the property more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies which may be required to discover them; 7. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, were not observed. I, however, am not qualified to detect such substances. The presence of potentially hazardous materials such as asbestos, urea- formaldehyde foam insulation, or other potentially hazardous materials may affect the overall value of the property. The value conclusions in this report are predicated on the assumption that there are no such materials on or in the property that would cause a loss of value. I reserve the right to alter, amend, revise, or rescind any opinions of value based upon any subsequent environmental impact studies, research, or investigation; 8. Unless otherwise stated in this report, no environmental impact studies were either requested or made in conjunction with this report. I reserve the right to alter, amend, revise, or rescind any opinions of value based upon any subsequent environmental impact studies, research, or investigation; 9. It is assumed that there is full compliance with all applicable federal, state. and local environmental regulations and laws unless noncompliance is specified, defined, and considered in this report; 10. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless non-conformity has been specified, defined and considered in this report; 11. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or federal governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimate is based; 12. I will not be required to give testimony or appear in court because of having made this report, unless arrangements have previously been made; AGENDA ITEM #5. b) File #22-101 Page 6 Metropolitan Valuation 13. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the client without my written consent, and in any event, only with properly written qualification and only in its entirety; 14. Neither all nor any part of the contents of this report, or copy thereof, shall be conveyed to the public through advertising, public relations, news, sales, or any other media without my written consent and approval. Nor shall I, the client, firm, or professional organization of which I am a member be identified without my written consent; 15. My liability is limited to the client only. There is no accountability, obligation, or liability to any third party. If this report is placed in the hands of anyone other than the client, the client shall make such party aware of all limiting conditions and assumptions of the assignment and related discussions. I am in no way responsible for any costs incurred to discover or correct any deficiencies of the property; 16. Acceptance and/or use of this report constitutes acceptance of the foregoing assumptions and limiting conditions. AGENDA ITEM #5. b) File #22-101 Page 7 Metropolitan Valuation MAP DEPICTING PLACEMENT AND DIRECTION OF PHOTOGRAPHS 1 4 3 2 AGENDA ITEM #5. b) File #22-101 Page 8 Metropolitan Valuation PHOTOGRAPHS OF THE SUBJECT PROPERTY Picture 1 Picture 2 AGENDA ITEM #5. b) File #22-101 Page 9 Metropolitan Valuation PHOTOGRAPHS OF THE SUBJECT PROPERTY Picture 3 Picture 4 AGENDA ITEM #5. b) File #22-101 Page 10 Metropolitan Valuation SHORT FORM APPRAISAL REPORT FOR SURPLUS PROPERTY 1. DESCRIPTION OF SUBJECT PROPERTY: OWNER: The City of Renton, Washington LOCATION OF SUBJECT: The subject consists of two portions of the Chelan Avenue NE right- of-way. Portion A is adjacent to the eastern boundaries of King County Tax Parcels 102305-9107 & 9138 and adjacent to the western boundaries of King County Tax Parcels 102305-9349 & 9124. Portion B is adjacent to the southeastern boundaries of King County Tax Parcel 102305-9076 and adjacent to the northwestern boundary of King County Tax Parcel 102305-9139. Each portion is located in the City of Renton, Washington. SUBJECT LEGAL DESCRIPTION: The following legal description was provided by the client: THE WEST 30.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER IN SECTION 10, TOWNSHOP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; TOGETHER WITH WEST 12.00 FEET OF THE NORTH 77.05 FEET OF SOUTH 148 FEET OF THE NORTH 258.04 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; CONTAINING 10,234 SQUARE FEET, OR 0.23 ACRES MORE OR LESS. DELINEATION OF TITLE (5 years): The two portions of the subject property have no active parcel number and, presumably, are owned by the City of Renton, Washington. There has been no transfer of title to either portion of this property within the past five years. NEIGHBORHOOD DESCRIPTION: The subject neighborhood is bounded by Sunset Boulevard NE to the north, SE 128th Street to the south, Duvall Avenue NE to the east, and Union Avenue NE to the west. The neighborhood is primarily influenced by its location in western King County, and its proximity to Seattle. Access to the area is from SR 900 via State Route 405 to the west. The Landing, an outdoor shopping mall with various retail establishments, restaurants, and a multiplex, is located 3± miles southwest. Valley Medical Center is located 5± miles to the southwest. The Virginia Mason Athletic Center (VMAC) is located 5± miles to the northwest. Downtown Seattle is located 14.5± miles to the northwest. PHYSICAL DESCRIPTION OF SUBJECT INCLUDING ZONING, PRESENT USE, & HIGHEST AND BEST USE: The proposed vacations reflect two portions of a public right of way. According to the survey completed for the vacation, these two portions of the right-of-way total 10,234± square feet. Portion A has a width of 30± feet and a length of 329± feet. Portion B has a width of 12± feet and a length of 77± feet. Both portions are generally level and at the grade of the properties that they front. The subject is in the R8, Residential zone according to the City of Renton. AGENDA ITEM #5. b) File #22-101 Page 11 Metropolitan Valuation Once vacated the subject will be attached to the abutting properties noted. The abutting properties are part of an assemblage of land for the proposed construction of an elementary school. Some of the sites were previously improved with residential structures and associated outbuildings. The sites currently have scattered trees, native brush, and shrubbery. These parcels are suitable for residential development. Additionally, these parcels have a unity of ownership and are contagious. As a result, the larger parcel shares the same highest and best use. The larger parcel is suitable for residential development. Both portions of the vacation are suitable for assembly with the abutting properties. Inclusion of the proposed vacation areas does not change the highest and best use of the abutting properties. Additionally, the inclusion of the proposed vacation areas does not create significant enhancement to the value of the abutting properties. As such, the highest and best use of both portions of the vacation is for an assemblage with the neighboring properties. AGENDA ITEM #5. b) File #22-101 Page 12 Metropolitan Valuation AREA MAP AGENDA ITEM #5. b) File #22-101 Page 13 Metropolitan Valuation NEIGHBORHOOD MAP AGENDA ITEM #5. b) File #22-101 Page 14 Metropolitan Valuation 2. VALUATION: Note: Normally appraisals are based on the Highest and Best Use of the property in the general market recognizing the willing buyer and willing seller concept. Disposals of excess property can be appraised under different concepts, depending on the situation, as follows: (1) Fair Market Value of the property as it stands alone in the marketplace. (2) Value to the adjoining owner using the “across the fence” approach. This method appraises the parcel being disposed of using values similar to the value of the adjacent property. (3) Enhancement Value to the adjoining owner. This approach establishes the amount by which the value of a property is increased through assemblage of another property into the same ownership. The value of the parcel into which the subject is assembled is estimated before and after the assemblage, and the difference between the two values is the enhancement value. A. Land: 1. Scope of Data Search The “across-the-fence” method actually requires valuing both portions of the subject as if they were the adjacent property across the fence from the subject. This valuation specifically excludes considering the specific size and shape of the subject, which, as right of way, has a very limited functional use due to its small size and narrow shape. I conducted a search for recent sales of similar zoned land located within the City of Renton in King County. The data search included a search of the Metropolitan Valuation office files, the Northwest Multiple Listing Service Website, Commercial Brokers Association Website, CoStar Comps Website, and contacting real estate brokers active in this market area. 2. Comparative Analysis The Sales Comparison Approach is based on the principle of substitution, which assumes that a potential purchaser will pay no more for a property than would be expended in acquiring an existing property offering similar amenities and utility. This approach employs a direct comparison of similar properties that have recently sold through the use of units of comparison common to all of the sales, i.e., price per lot, price per acre or price per square foot. The unit or units of comparison relied on in this approach are determined by the degree of correlation between sales and their similarity to the subject property. For this valuation of vacant land, the price per square foot unit of comparison is used. This indicator has the clearest correlation with the market data. AGENDA ITEM #5. b) File #22-101 Page 15 Metropolitan Valuation The following sales data, when compared to the subject are adjusted for various inequalities on an item-by-item basis. These items are termed the elements of comparison. Property Rights, Conditions of Sale, Market (Time), Location/Access, Zoning, Size/Shape, Access to Utilities, Topography, Development Entitlements, Improvements, and View Amenity are the elements of comparison requiring consideration and possible adjustment in the site analysis. This initial analysis will not take into consideration the easement encumbrances on the subject. That analysis will follow this initial valuation of the subject land. While the subject reflects to separate portions of the right of way, the abutting properties having a unity of ownership. Valuing each part separately would not garner a lesser or greater value. As such, the total vacation area of 10,234± square feet is valued. Sale No. Address Sale Date Sales Price Site Size Sales Price/SF Sale L-1 1400 Aberdeen Avenue NE Renton, WA 11/29/2021 $1,600,000 73,181± SF $21.86/SF Sale L-2 3607 NE 12th Street Renton, WA 08/03/2021 $662,000 28,160± SF $23.51/SF Sale L-3 1157 Queen Avenue NE Renton, WA 08/03/2021 $387,000 17,174± SF $22.53/SF Sale L-4 5008 NE 2nd Street Renton, WA 06/28/2021 $1,350,000 50,112± SF $26.94/SF Sale L-5 18XX NE 13th Street Renton, WA 02/17/2021 $700,000 27,126± SF $25.81/SF Sale L-6 2309 Aberdeen Avenue NE Renton, WA 10/01/2020 $710,000 36,394± SF $19.51/SF Subject Two Portions of the Chelan Avenue NE ROW Renton, WA N/A N/A 10,234± SF N/A LAND SALES COMMENTS Elements of comparison that were considered, but did not require adjustment for any of the comparables, were Property Rights, Conditions of Sale, Location/Access, Zoning, Size/Shape, Access to Utilities, Topography, and Improvements. All Property Rights are fee simple. Each closed sale was for cash equivalency. There were no significant differences in the other items of the comparables that indicated an adjustment was warranted. Additionally, some of the sites included improvements which required razing. Discussion with market professionals did not indicate that values were impacted by this. As such, no adjustments were made for site improvements. AGENDA ITEM #5. b) File #22-101 Page 16 Metropolitan Valuation Sale L-1 ($21.86/SF) is the sale of a property located on Aberdeen Avenue NE in Renton. No adjustments are deemed necessary to this sale. This sale indicates a value for the subject of at least $21.86 per square foot. Sale L-2 ($23.51/SF) is the sale of a property located on NE 12th Street in Renton. The seller had reportedly completed some of the preliminary work associated with subdividing the property. Considered this factor, this sale indicates a value for the subject less than $23.51 per square foot. Sale L-3 ($22.53/SF) is the sale of a property located on Queen Avenue NE in Renton. No adjustments are deemed necessary to this sale. This sale indicates a value for the subject of at least $22.53 per square foot. Sale L-4 ($26.94/SF) is the sale of a property located on NE 2nd Street in Renton. Prior to the sale, reportedly 90% of the civil engineering had been completed by the seller. This sale indicates a value for the subject less than $26.94 per square foot. Sale L-5 ($25.81/SF) is the sale of a property located on NE 13th Street in Renton. The seller had reportedly completed some of the preliminary work associated with short platting the site into four single family lots. The site also has views to the west and to the south across Lake Washington, city, and mountains. This sale indicates a value for the subject less than $25.81 per square foot. Sale L-6 ($19.51/SF) is the sale of a property located on Aberdeen Avenue NE in Renton. This is the oldest sale utilized, over one year old. With increasing values in the Puget Sound Region, an upward adjustment is felt to be appropriate for market conditions. This sale indicates a value for the subject more than $19.51 per square foot. QUALITATIVE ADJUSTMENT GRID The table on the following page summarizes the preceding discussion of the sales. If the sale is inferior to the subject in a value related characteristic, an upward adjustment is indicated by an upward arrow “”. Conversely, if the sale is superior to the subject a downward adjustment is taken indicated by downward pointing arrow ““. Similar properties that do not require adjustment are indicated by the symbol “- - -“. The number of arrows for any characteristic is reflective of the magnitude of the differences. Bracketing was used as a method of market analysis. Bracketing is described as a process in which an appraiser determines a probable range of values for a property by applying qualitative techniques of comparative analysis to a group of comparable sales. The array of comparables may be divided into two groups - those superior to the subject and those inferior to the subject. The adjusted sales prices reflected by these two groups, in conjunction with comparables that do not require adjustment, assist in setting the probable range of value for the subject. AGENDA ITEM #5. b) File #22-101 Page 17 Metropolitan Valuation QUALITATIVE ADJUSTMENTS BASED ON PRICE PER SQUARE FOOT SUMMARY OF ADJUSTMENTS Sale L-1 Sale L-2 Sale L-3 Sale L-4 Sale L-5 Sale L-6 Price/SF $21.86 $23.51 $22.53 $26.94 $25.81 $19.51 Property Rights --- --- --- --- --- --- Conditions of Sale --- --- --- --- --- --- Market (Time) --- --- --- --- --- ↑ General Location/Access --- --- --- --- --- --- Zoning --- --- --- --- --- --- Size/Shape --- --- --- --- --- --- Access to Utilities --- --- --- --- --- --- Development Entitlements --- ↓ --- ↓↓ ↓ --- Topography --- --- --- --- --- --- Improvements --- --- --- --- --- --- View Amenity --- --- --- --- ↓ --- Overall = ↓ = ↓↓ ↓↓ ↑ Prior to adjustments, these land sales range from $19.51 to $26.94 per square foot. From this comparative adjustment analysis, the value of the subject should be at least $22.53 and less than the $23.51 per square foot. From these sales, the value is indicated to be $23.00 per square foot. 3. Correlation and Conclusion-Land Value Based on the above analysis I conclude that the value of the subject property is $23.00 per square foot. A. Fair Market Value Range as Stand-alone property on Open Market I find that the proposed street vacations are unsuitable as a stand-alone sites. They have little to no value in the open market. B. Across the Fence Value Range to Abutter(s) In this case, the best measurement of the value of the proposed vacation is its incremental value to the abutting properties. In the above analysis, I have determined that the value of the subject land is $23.00 per square foot. The calculation follows: 10,234± SF x $23.00/SF = $235,382 or $235,500 rounded AGENDA ITEM #5. b) File #22-101 Page 18 Metropolitan Valuation C. Enhancement Value Range to Abutter(s) The goal of assemblage is to magnify or enhance the utility of the assembled properties by adding a characteristic that they, individually, lack. This may be access, street frontage, visibility, etc. Essentially, in order to be considered an enhancement, the surplus property must change the highest and best use of the abutting properties. In this case it does not. Therefore there is no enhanced value. 3. ABUTTING PROPERTY INFORMATION: A. Names and addresses of owners Tax Parcel Number Owner Address 102305-9107 Renton School District #403 XXX Chelan Avenue NE Renton, WA 98059 102305-9138 Renton School District #403 XXX Chelan Avenue NE Renton, WA 98059 102305-9249 Renton School District #403 XXX Chelan Avenue NE Renton, WA 98059 102305-9124 Renton School District #403 XXX Chelan Avenue NE Renton, WA 98059 102305-9076 Renton School District #403 XXX Chelan Avenue NE Renton, WA 98059 102305-9139 Renton School District #403 XXX Chelan Avenue NE Renton, WA 98059 B. Assessed values of abutting lands (per unit) 102305-9107: Land area 64,904 SF: $461,000 Land Assessed Value: $7.10/SF 102305-9138: Land area 43,560 SF: $396,000 Land Assessed Value: $9.09/SF 102305-9249: Land area 51,154 SF: $466,000 Land Assessed Value: $9.11/SF 102305-9124: Land area 33,541 SF: $272,000 Land Assessed Value: $8.11/SF 102305-9076: Land area 61,419 SF: $616,000 Land Assessed Value: $10.03/SF 102305-9139: Land area 57,499 SF: $466,000 Land Assessed Value: $8.10/SF AGENDA ITEM #5. b) File #22-101 Page 19 Metropolitan Valuation SITE SURVEY A B AGENDA ITEM #5. b) File #22-101 Page 20 Metropolitan Valuation AGENDA ITEM #5. b) File #22-101 Page 21 Metropolitan Valuation COMPARABLE SALES MAP AGENDA ITEM #5. b) File #22-101 Page 22 Metropolitan Valuation LAND SALE NUMBER 1 Address/Location 1400 Aberdeen Avenue NE Renton, Washington Tax Parcel No./Legal Description King County Tax Parcel Number 334390-1680 Date of Sale: November 29, 2021 Instrument: Warranty Deed Price: $1,600,000 Unit Price: $21.86 per Square Foot Seller: The Vaughn Family Revocable Living Trust Buyer: Mainvue WA LLC Terms: Cash to Seller Excise Tax Number: 3161992 Confirmed: Public Records Zoning: R8 Assessed Value: $769,000 Percent of Sale Price: 48% Highest & Best Use: Residential Development Land Area: 73,181± Square Feet Marketing Time: N/A Prior Sales History: Per public records, No prior sales noted within the past three years. Property Description: At the time of sale, the site was improved with a single-family residence and associated accessory structures which required razing. The buyer will be subdividing the site into eight single-family lots and five tracts. The single-family lots will range in size from 7,012± to 7,148± square feet. AGENDA ITEM #5. b) File #22-101 Page 23 Metropolitan Valuation LAND SALE NUMBER 1 AGENDA ITEM #5. b) File #22-101 Page 24 Metropolitan Valuation LAND SALE NUMBER 2 Address/Location 3607 NE 12th Street Renton, Washington Tax Parcel No./Legal Description King County Tax Parcel Number 092305-9205 Date of Sale: August 3, 2021 Instrument: Warranty Deed Price: $662,000 Unit Price: $23.51/Square Foot Seller: Mengeha Berhanu & Ayele Wouleta Buyer: Xiao Lan Zhang Terms: Cash to seller Excise Tax Number: 3138520 Confirmed: Emiliya Ivanova, Seller’s Agent, (206) 226-7540 Zoning: R8 Assessed Value: $342,000 Percent of Sale Price: 52% Highest & Best Use: Residential Development Land Area: 28,160± Square Feet Marketing Time: Less than One Week Prior Sales History: Per public records, No prior sales noted within the past three years. Property Description: At the time of sale, the site was improved with a 950± square foot single- family residence, a 720± square foot garage, and a 370± square foot ADU. All three structures were in poor condition and require razing. The buyer reportedly intends on redeveloping the property with up to five single-family lots. The seller had reportedly completed some of the preliminary work associated with subdividing the property. AGENDA ITEM #5. b) File #22-101 Page 25 Metropolitan Valuation LAND SALE NUMBER 2 AGENDA ITEM #5. b) File #22-101 Page 26 Metropolitan Valuation LAND SALE NUMBER 3 Address/Location 1157 Queen Avenue NE Renton, Washington Tax Parcel No./Legal Description King County Tax Parcel Number 106570-0100 Date of Sale: August 3, 2021 Instrument: Warranty Deed Price: $387,000 Unit Price: $22.53/Square Foot Seller: Mengeha Berhanu & Ayele Wouleta Buyer: Hanley Hoi Fung Shum Terms: Cash to Seller Excise Tax Number: 3138524 Confirmed: Emiliya Ivanova, Seller’s Agent, (206) 226-7540 Zoning: R8 Assessed Value: $238,000 Percent of Sale Price: 61% Highest & Best Use: Residential Development Land Area: 17,174± Square Feet Marketing Time: Less than One Week Prior Sales History: Per public records, No prior sales noted within the past three years. Property Description: This is a residential zoned parcel which was vacant at the time of sale. The site has scattered trees, native brush, and shrubbery. The buyer reportedly intends on short platting the site with two single-family lots. AGENDA ITEM #5. b) File #22-101 Page 27 Metropolitan Valuation LAND SALE NUMBER 3 AGENDA ITEM #5. b) File #22-101 Page 28 Metropolitan Valuation LAND SALE NUMBER 4 Address/Location 5008 NE 2nd Street Renton, WA Tax Parcel No./Legal Description King County Tax Parcel Number 152305-9219 Date of Sale: June 28, 2021 Instrument: Warranty Deed Price: $1,350,000 Unit Price: $26.94/Square Foot Seller: Xavier Crossing LLC & Pacific Crest Realty Advisors LLC Buyer: Globenex Investment LLC Terms: Cash to seller Excise Tax Number: 3129993 Confirmed: John Siridakis, Seller’s Agent, (253) 564-6200 Zoning: R8 Assessed Value: $662,000 Percent of Sale Price: 49% Highest & Best Use: Residential Development Land Area: 50,112± Square Feet Marketing Time: 2± Months Prior Sales History: Sold for $930,000 on May 18, 2018. Property Description: This is the sale of a residential zoned parcel which was improved with a 2,500± square foot single-family residence and associated outbuildings. The buyer will be razing the structures and completing a six-lot subdivision. Prior to the sale, reportedly 90% of the civil engineering had been completed by the seller. AGENDA ITEM #5. b) File #22-101 Page 29 Metropolitan Valuation LAND SALE NUMBER 4 AGENDA ITEM #5. b) File #22-101 Page 30 Metropolitan Valuation LAND SALE NUMBER 5 Address/Location 18XX NE 13th Street Renton, Washington Tax Parcel No./Legal Description King County Tax Parcel Number 334390-2559 Date of Sale: February 17, 2021 Instrument: Warranty Deed Price: $700,000 Unit Price: $25.81 per Square Foot Seller: Lauree J. Maher & Sheree Faulkner Buyer: Dexian Huang Terms: Cash to Seller Excise Tax Number: 3103768 Confirmed: William Grover, Seller’s Agent, (206) 276-6493 Zoning: R8 Assessed Value: $300,000 Percent of Sale Price: 43% Highest & Best Use: Residential Development Land Area: 27,126± Square Feet Marketing Time: 3± Months Prior Sales History: Per public records, No prior sales noted within the past three years. Property Description: This site has several improvements which require razing. The seller had reportedly completed some of the preliminary work associated with short platting the site into four single family lots. The site has views to the west and to the south across Lake Washington, city, and mountains. AGENDA ITEM #5. b) File #22-101 Page 31 Metropolitan Valuation LAND SALE NUMBER 5 AGENDA ITEM #5. b) File #22-101 Page 32 Metropolitan Valuation LAND SALE NUMBER 6 Address/Location 2309 Aberdeen Avenue NE Renton, Washington Tax Parcel No./Legal Description King County Tax Parcel Number 334390-1963 Date of Sale: October 1, 2020 Instrument: Warranty Deed Price: $710,000 Unit Price: $19.51 per Square Foot Seller: Michael L & Mark S Carr Buyer: Long Nguyen, Thuy Thu, and Nguyenvu Tran Terms: Cash to Seller Excise Tax Number: 3073763 Confirmed: Bob Diers, Seller’s Agent, (425) 241-7214 Zoning: R8 Assessed Value: $436,000 Percent of Sale Price: 61% Highest & Best Use: Residential Development Land Area: 36,394± Square Feet Marketing Time: 2± Weeks Prior Sales History: Per public records, No prior sales noted within the past three years. Property Description: At the time of sale, the site was improved with a single-family residence which required razing. The buyer will be completing a three-lot short plat. The lots will range in size from 8,648± to 13,342± square feet. There will also be a 5,365± square foot driveway tract. AGENDA ITEM #5. b) File #22-101 Page 33 Metropolitan Valuation LAND SALE NUMBER 6 AGENDA ITEM #5. b) File #22-101 Page 34 Metropolitan Valuation APPRAISAL INSTITUTE and UNIFORM STANDARDS of PROFESSIONAL APPRAISAL PRACTICE CERTIFICATION I certify that, to the best of my knowledge and belief: - The statements of facts contained in this report are true and correct. - The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. - I have no present or prospective interest in the property that is the subject of the report, and I have no personal interest or bias with respect to the parties involved. - My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or use of this report. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. - My analyses, opinion, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. - Robert S. Bacon made a personal inspection of the property that is the subject of this report. - Richard E. Pinkley review this report and contributed to the analysis. Otherwise, no one provided significant professional assistance to the persons signing this report. CERTIFICATION: I certify that, to the best of my knowledge and belief, the reported analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute. I certify that the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. REQUIRED NOTIFICATION: The Appraisal Institute conducts a mandatory program of continuing education for its designated members. Members are awarded periodic educational certification. Robert S. Bacon is currently certified under the voluntary continuing education program of the Appraisal Institute. As of the date of this report, Robert S. Bacon has completed the continuing education program for Designated Members of the Appraisal Institute. ______________________________ Robert S. Bacon Candidate for Designation, Appraisal Institute State-Certified General Real Estate Appraiser Number 1102392 AGENDA ITEM #5. b) Metropolitan Valuation QUALIFICATIONS AND EXPERIENCE OF ROBERT S. BACON EDUCATIONAL BACKGROUND AND TRAINING Western Governor’s University, B.A., Business Management, 2012 - 2014 Tacoma County Community College, Business Administration, 2010 – 2012 Business Practices and Ethics, Appraisal Institute, July 2020 Fundamentals of the Uniform Appraisal Standards for Federal Land Acquisitions, Appraisal Institute, July 2020 Rates and Ratios: Making Sense of GIMs, OARs, and DCF, Appraisal Institute, July 2020 Comparative Analysis, Appraisal Institute, July 2020 National USPAP Update Course, Appraisal Institute, July 2020 Introduction to Green Buildings: Principles & Concepts, March 2020 Quantitative Analysis, Appraisal Institute, May 2017 Uniform Appraisal Standards for Federal Land Acquisitions, Appraisal Institute, May 2017 General Demonstration Report Writing, Appraisal Institute, April 2017 Advanced Income Capitalization, Appraisal Institute, March 2017 Advanced Market Analysis and Highest & Best Use, Appraisal Institute, March 2017 Advanced Concepts and Case Studies, Appraisal Institute, February 2017 General Appraiser Income Approach/Part 2, Appraisal Institute, April 2016 General Appraiser Market Analysis and Highest & Best Use, Appraisal Institute, March 2016 General Appraiser Report Writing and Case Studies, Appraisal Institute, March 2016 Residential Sales Comparison and Income Approach, Appraisal Institute, December 2015 General Appraiser Site Valuation and Cost Approach, Appraisal Institute, November 2015 Real Estate Finance, Statistics and Valuation Modeling, Appraisal Institute, June 2015 General Appraiser Sales Comparison Approach, Appraisal Institute, June 2015 General Appraiser Income Approach/Part 1, Appraisal Institute, June 2015 Timberland Appraisal, Appraisal Institute, April 2013 Basic Appraisal Principles, Appraisal Institute, April 2010 Basic Appraisal Procedures, Appraisal Institute, May 2010 Uniform Standards of Professional Appraisal Practice, McKissok, September 2010 LICENSES AND PROFESSIONAL AFFILIATIONS MAI member of the Appraisal Institute Licensed by the State of Washington as a Certified Real Estate Appraiser, General Classification License Number 1102392 Washington State Department of Transportation Approved Appraiser AGENDA ITEM #5. b) Metropolitan Valuation EXPERIENCE 2019 to Present Metropolitan Valuation, Tacoma, Washington Real Estate Appraiser and Consultant 2015 to 2019 GPA Valuation, Tacoma, Washington Associate Real Estate Appraiser and Consultant 2010 to 2015 Pentagon Valuation, Inc., University Place, Washington, Associate Real Estate Appraiser TYPES OF ASSIGNMENTS AND LOCATIONS • Land - commercial, industrial, multifamily, residential, residential subdivision, and resource lands • Improved - commercial, industrial, multifamily, residential, hotel/motel, self-storage, specialty • Litigation support • Tribal Trust lands for the US Government and for various individual tribes • Eminent Domain appraisals for condemning authorities and property owners • All Washington State Counties; Primarily Western Washington AGENDA ITEM #5. b) Metropolitan Valuation AGENDA ITEM #5. b) Metropolitan Valuation AGENDA ITEM #5. b)   1  CITY OF RENTON, WASHINGTON    ORDINANCE NO. ________    AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A  PORTION OF CHELAN AVENUE NE AT APPROXIMATELY THE 1100TH BLOCK OF  CHELAN AVENUE NE, NORTH OF NE 10TH STREET. (CHELAN AVE STREET  VACATION; VAC‐21‐001.)    WHEREAS, a petition was filed with the City Clerk, pursuant to the requirements of  chapter 35.79 RCW, petitioning for the vacation of a portion of Chelan Avenue NE, and that  petition was signed by the owners representing more than two‐thirds (2/3) of the property  abutting upon the portion of street to be vacated; and  WHEREAS, the City Council, by Resolution No. 4451, passed on November 1, 2021, set  November 22, 2021, at 7:00 p.m., by means of the Zoom video conferencing web application  as the time and place for a public hearing on this matter; and the City Clerk gave proper notice  of this public hearing as provided by law, and all persons were heard who appeared to testify  in favor or in opposition on this matter, and the City Council considered all information and  arguments presented to it to determine whether the vacation is in the public interest, whether  the property is not required for overall circulation of traffic within the City, and that the  requested vacation is not detrimental to the public health, safety and general welfare; and  WHEREAS, the Administrator of the Community and Economic Development  Department has considered this petition for vacation, and has found it to be in the public  interest and for the public benefit, and that it is unlikely that injury or damage to any person  or properties will result from this vacation; and  AGENDA ITEM #5. b) ORDINANCE NO. ________    2  WHEREAS, on March 7, 2022, the City Council determined that the vacation should be  granted, and adopted the recommendation of the Community and Economic Development  Department to set compensation pursuant to Renton Municipal Code 9‐14‐5.B at zero dollars  ($0) for the right‐of‐way vacation in consideration of two mutually agreed right‐of‐way  dedications from the Petitioner;  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  ORDAIN AS FOLLOWS:  SECTION I. The following described portion of Chelan Avenue, to wit:  A Portion of Chelan Avenue NE at Approximately the 1100th Block of Chelan  Avenue NE, North of NE 10th Street.    See full legal description in Exhibit “A” and depiction in Exhibit “B,” attached hereto  and made a part hereof as if fully set forth herein, is hereby vacated.  SECTION II. Upon recommendation of the Community and Economic Development  Department, and in consideration of the value of the mutually agreed right‐of way  dedications, compensation is hereby set at zero dollars ($0) for this right‐of‐way vacation.  SECTION III. This ordinance shall be in full force and effect five (5) days after  publication of a summary of this ordinance in the City’s official newspaper.  The summary shall  consist of this ordinance’s title.      A certified copy of this ordinance shall be filed with the King County Recorder’s Office,  and as otherwise provided by law.  AGENDA ITEM #5. b) ORDINANCE NO. ________    3  PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.                       Jason A. Seth, City Clerk    APPROVED BY THE MAYOR this _______ day of _____________________, 2022.                       Armondo Pavone, Mayor    Approved as to form:             Shane Moloney, City Attorney  Date of Publication:      ORD‐CED:2204:2/3/2022  AGENDA ITEM #5. b) EXHIBIT "A" (RIGHT-OF-WAY VACATION) THE WEST 30.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; TOGETHER WITH WEST 12.00 FEET OF THE NORTH 77.05 FEET OF SOUTH 148 FEET OF THE NORTH 258.04 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; CONTAINING 10,234 SQUARE FEET, OR 0.23 ACRES MORE OR LESS. AGENDA ITEM #5. b) EXHIBIT "B" NE 12TH STREET 30’ EASEMENT FOR INGRESS AND EGRESS AFN 4503591 30’ WATER PIPES EASEMENT REC. NO. 4732276 137TH AVE. SE PUBUC 137TH AVE. SE PUBUC 30’ ROAD AND UTILITY EASEMENT REC. NO. 7204120016 18’ WATER EASEMENT REC. NO. 4732272 30’ WATER PIPES EASEMENT REC. NO. 4732271 S88' 34’ 08"E 12.00’ 30’ in CM 18' ___L____ /V£ lOTH STREET 22^5 North 30th Street, t b*.'’ Suite 300, Tacoma, WA 98403 253.383.2422 TEL S88' 34’ 08”E 30.01’ SOO' 03’ 48’’E 77.05’ S88' 36 30 E 30.01’ ELECTRICAL EASEMENT AS CONSTRUCTED WITHIN WEST 30’ REC. NO. 20030724002367 s LN NWjNEiNWj N LN SW^.NELn’w^ 30 12’ RIGHT-OF-WAY FROM KING COUNTY TO CITY OF RENTON REC. NO. 20050823000001 N 1”=200’ JOB NO. 2200373 September 18, 2020 RIGHT-OF-WAY VACATION LEGAL BY: SAR EXHIBIT BY: SAR w: \sdskproj\2020\2200373\2200373_row vacation exhibit mop.dwg SO' 03' 48”E 458.21’ niHIB L 253.383.2572 FAX THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFUCT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH. THE LEGAL DESCRIPTION SHALL PREVAIL AGENDA ITEM #5. b) AB - 3081 City Council Regular Meeting - 28 Feb 2022 SUBJECT/TITLE: Appointment to Planning Commission-Jeffrey Kelly RECOMMENDED ACTION: Refer to Planning & Development Committee DEPARTMENT: Mayor Pavone STAFF CONTACT: April Alexander, Executive Assistant EXT.: x6520 FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: Mayor Pavone appoints Mr. Jeffrey Kelly to the Planning Commission for an unexpired term expiring 6/30/22. EXHIBITS: A. Recommendation Memo B. Application STAFF RECOMMENDATION: Confirm Mayor Pavone's appointment of Mr. Jeffrey Kelly to the Planning Commission AGENDA ITEM #5. c) h:\exec\boards‐commissions‐committees\appts‐reappts\2022\planning commission‐jeffrey kelly recommendation  memo.docx  DEPARTMENT OF COMMUNITY   & ECONOMIC DEVELOPMENT    M   E   M   O   R   A   N   D   U   M       DATE: February 27th, 2022     TO: Armondo Pavone, Mayor     FROM: C. E. “Chip” Vincent, CED Administrator     SUBJECT: Appointment of Jeffrey Kelly to the Planning Commission       The Planning Commission currently has a vacancy requiring appointment as James  Alberson has resigned from his position as he was recently sworn in as a Renton City  Councilmember.       Jeffrey Kelly is an Active Renton resident who resides in South Renton. Jeffrey currently  serves on the Downtown Renton Partnership. In the past, Jeffrey has served as a  representative for Renton Schools, shared his time participating in the  Facility Planning  Advisory Committee and has served in leadership roles with students. Jeffrey would  bring the perspective of a small business owner to the Planning and Development  Commission and is excited to bring his “big picture style” to the Planning Commission.     Jeffrey Kelly is well qualified to serve on the Planning Commission. His application is  attached. It is our recommendation that Jeffrey Kelly be appointed to the seat vacated  by James Alberson.       AGENDA ITEM #5. c) 1 April Alexander From:notification@civiclive.com Sent:Friday, February 25, 2022 5:22 PM To:April Alexander Subject:Application for Boards/Commissions/Committees 2022-02-25 05:21 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2022‐02‐25 05:21 PM(PST) was submitted by Guest on 2/25/2022  8:21:54 PM (GMT‐08:00) Canada/Pacific  Name Value  Airport Advisory Committee*   Civil Service Commission*   Community Plan Advisory Board ‐ Benson Hill   Community Plan Advisory Board ‐ City Center   Equity Commission   Historical/Museum Board*   Housing Authority*   Human Services Advisory Committee*   Parks Commission*   Planning Commission* Planning Commission*  Municipal Arts Commission*   Senior Citizens Advisory Board*   Sister City Committee ‐ Cuautla   Sister City Committee ‐ Nishiwaki   Gender Mr.  Name Jeffrey Kelly  Address: 4823 Main Ave S, Renton, WA 98055  Email jseth@rentonwa.gov  Phone 360‐319‐4466  AltPhone:   Resident Yes  ResidentSince ~2004  formerresidence Bellingham, WA  EducationBackground College degree  OccupationalBackground High technology, Marketing  Employer: AssetLab in Renton WA  CommunityActivities  Current: Board Member at Renton Downtown Partnership. Past:  Representative at Renton Schools Facilities Planning Advisory  Committee, Representative at Renton Parks Advisory Committee,  Scoutmaster at Boy Scouts of America   CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe.   AGENDA ITEM #5. c) 2 Reasonforapplying The planning commission seems like a good use of my big picture style.  Day Meetings Day Meetings  Night Meetings Night Meetings  To view this form submission online, please follow the link below:  https://rentonwa.gov/form/one.aspx?objectId=18369089&contextId=9212967&returnto=submissions  AGENDA ITEM #5. c) AB - 3074 City Council Regular Meeting - 28 Feb 2022 SUBJECT/TITLE: Appointments to Equity Commission RECOMMENDED ACTION: Refer to Community Services Committee DEPARTMENT: Mayor Pavone STAFF CONTACT: April Alexander, Executive Assistant EXT.: x6520 FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: Mayor Pavone appoints the following to the Equity Commission: Cassandra Baddeley, for a term expiring 12/31/22 Ashok Padhi, for a term expiring 12/31/22 Aleja Rubalcaba, for a term expiring 12/31/22 Lisa Davis, for a term expiring 12/31/23 Celina Kershner, for a term expiring 12/31/23 Rueben Turk, for a term expiring 12/31/23 Nicole Hill, for a term expiring 12/31/24 Manami Imaoka, for a term expiring 12/31/24 Morgan Kroeger, for a term expiring 12/31/24 EXHIBITS: A. Recommendation Memo B. Interview Questionnaire C. Candidate List D. Applications STAFF RECOMMENDATION: Confirm the nine appointments made by Mayor Pavone to the Equity Commission. AGENDA ITEM #5. d) Equity, Housing & Human Services Department Memorandum DATE: January 26, 2022 TO: Armondo Pavone, Mayor CC: Ed VanValey, Chief Administrative Officer FROM: Preeti Shridhar, Equity, Housing, & Human Services Administrator SUBJECT: Equity, Housing, and Human Services Department’s Recommendations for Appointments to the Renton Equity Commission The Renton Equity Commission was approved by Council November 1, 2021. On November 10 the city issued a press release and posted an advertisement requesting applications for the newly formed Commission on several communication platforms. Applications were accepted through November 30. An unprecedented 32 applications were received for nine Commission positions. Of these 32 applicants, 27 were interviewed, three withdrew prior to their scheduled interview, and two applicants did not show for the interviews, nor did they reach out to attempt to reschedule. The interview panelists confirmed the pool of applicants represented the city’s diverse populations extremely well and were impressed with the work many of them have done or currently do on equity and inclusion related initiatives, along with volunteering for a wide variety of organizations. To complete the 27 interviews within a reasonable timeframe, three panels were created. Each panel consisted of two community volunteers and one city staff member who was abl e to manage the virtual meeting appointments and answer specific city and/or Equity Commission related questions. Panelists were selected based on their leadership in their respective communities, reflection of the larger community, and their involvement in equity and inclusion in Renton. Of the 10 community members who volunteered, six were available on the scheduled interview dates. The community panel members consisted of Violet Aesquivel, Julio Amador, Ashley Dobson, Kirby Nguyen, Rev. Dr. Linda Smith, and Franchesca Vargas. City staff members participating in the interview process were Benita Horn, Linda Moschetti-Newing, and Brian Sandler. Each panel interviewed eight applicants. Prior to the interviews, each panelist received a copy of Ordinance 6033, which established the Equity Commission (copy attached). An orientation session was also included and offered opening remarks from Chief Administrative Officer Ed VanValey, a review of the interview questionnaire and ratings process, and an overview from Senior Human Resources Analyst Brian Sandler providing guidance on avoiding bias in interviewing and the importance of behavioral interviewing. DocuSign Envelope ID: 5AC2FD8A-E54A-4912-8C97-C4EAF7FFCFB4 AGENDA ITEM #5. d) Armondo Pavone, Mayor Page 2 of 5 January 26, 2022 Interviews were conducted between December 14, 2021 and January 18, 2022. As a result of having three interview panels the Equity, Housing, and Human Services Department was able to offer a wide array of interview time options. Interviews were scheduled in blocks of 8 a.m.-12 p.m., 1-5 p.m., and 4-8 p.m. Each applicant received an email requesting a response with three options for an interview timeslot. Twenty of the 27 interviewed received their first option of time for the interview, seven received their second option, and one the third option. Each applicant was emailed a copy of the Equity Commission Ordinance 6033 and encouraged to review the document prior to their interview. The interview questionnaire (copy attached) consisted of eight questions that focused on involvement in equity initiatives, teamwork, and communication. An opportunity to provide additional information about themselves and an opportunity to ask the panelists questions were also included. All questions were reviewed with Human Resources Risk Management in advance of the interviews. Each interview was scheduled for 30 minutes. Following completion of the interviews, the nine panelists met January 19 and January 25 for discussion about the applicants. That discussion resulted in the Equity, Housing, and Human Services Department submitting the following 11 recommendations for your consideration for appointment to the inaugural Renton Equity Commission. A complete list of the top 15 applicants including their ratings is also attached for your reference. Those highlighted in green are the recommendations and those not highlighted were other top applicants the panelists considered. I believe the panelists did an excellent job vetting the extensive applicant pool and these 11 recommendations reflect the diversity of the community in a manner that will provide a variety of perspectives and experience as the Commission moves forward with its work. Following ratification of your appointments by the City Council, the first Equity Commission meeting will be scheduled. Cassandra Baddeley: Ms. Baddeley represents the African American community and is a former educator. She is a 10-year resident of Renton and a member of the Strong Mothers community where the families are very diverse representing African American, Hispanic, and Caucasian ethnicities. She believes in creating a safe community for children where activities and resources are equitable. Ms. Baddeley is interested in serving a 2-year term. Lisa Davis: Ms. Davis has participated in diversity, equity, and inclusion initiatives at her place of employment (a large manufacturing company) and believes in equity for women. Her work has given her the opportunity to visit and live in various societies, including those abroad. She is a member of Renton’s LGBTQ community and her faith-based community. She also brings a perspective from her work with people who have mental illness. Ms. Davis is interested in serving a 2-year term. DocuSign Envelope ID: 5AC2FD8A-E54A-4912-8C97-C4EAF7FFCFB4 AGENDA ITEM #5. d) Armondo Pavone, Mayor Page 3 of 5 January 26, 2022 Nicole Hill: Ms. Hill is a woman of color whose profession focuses on equity. She is the Deputy Director of Equity and Social Responsibility the Office of Civil Rights, Equity and Inclusion for Sound Transit. Her professional work provides consultation to various teams and departments across the agency to embed equity in current processes, management of the Title VI program, and development and implementation of Sound Transit’s anti-racism strategy, among other programs. She previously worked as an executive director at various YMCA locations. During her 10 years of involvement in non-profit organizations she was heavily involved in all the diversity, equity, and inclusion efforts, development and implementation of trainings, and employee resource groups. She has managed operations of youth education programs in Title I elementary schools in the Seattle, Highline, and Tukwila districts. Ms. Hill did not have a preference on the length of her term. Manami Imaoka: Ms. Imaoka has been a Renton resident for 7 years. She is originally from Japan. Upon moving to Renton from Oregon she joined the CERT Program to focus on community emergency response. She has a desire to be involved in and be part of the solution. She prides herself on the different perspectives she can offer being a woman of color, culture, and bilingual. During her interview she displayed she is mindful of inequities in the community. She is an active member of Sustainable Renton organizing weekly drive through food distribution events and participates in other opportunities that focus on food insecurities. She was part of the Renton Sister City Nishiwaki Program 50-year Anniversary and welcomed delegates from Nishiwaki. She has served as an interpreter for 20 years and works with the Renton Chamber of Commerce and business community. Ms. Imaoka is interested in serving a 1-year or 2-year term. Rev. Dr. Anna Jones: Rev. Dr. Jones represents the African American community. She has a military background and is an ordained Itinerant Elder in African Methodist Episcopal Church and the Senior Pastor of Walker Chapel AME Church in Renton. Ms. Jones has volunteered as a mentor for the Girl Scouts of America, YWCA, National Association for the Advancement of Color People (NAACP), Black Alliance, and Renton African American Pastoral Group (RAAP). She applied to serve on the Commission to help ensure all citizens in the community achieve equitable outcomes regardless of racial, economic, and social barriers in the city’s employment, programs, services, and policies. Ms. Jones did not have a preference on the length of her term. DocuSign Envelope ID: 5AC2FD8A-E54A-4912-8C97-C4EAF7FFCFB4 AGENDA ITEM #5. d) Armondo Pavone, Mayor Page 4 of 5 January 26, 2022 Celina Kershner: Ms. Kershner is a business owner providing in -home senior care. Through her business she has seen a wide variety of inequities. She is comfortable working with vulnerable populations. Ms. Kershner is of mixed race and her son is African American, Caucasian, and Hispanic. She interacts with many ethnic groups and is involved with the LGBTQ community. Through her business she is currently working on matching LGBTQ caregivers with her clients who are members of the LGBTQ population. She advocates for resources to help those in need and has successfully advocated for diversity training at her son’s school. Ms. Kershner is interested in serving a 1-year term. Morgan Kroeger: Ms. Kroeger works in the fish and wildlife environment and brings perspective of the importance of environmental preservation. She is a member of the LGBTQ community and interacts with those struggling with mental health issues and works toward recognizing and getting help that is easily accessible to them. Ms. Kroeger brings the perspective of formerly being a member of the homeless population. She believes in the importance of providing helpful resources equitably and feels such resources need to be a visible part of the community at large. She has worked with immigrant children assisting them with homework and obtaining support for them to help with language barriers. Ms. Kroeger is interested in serving a 2-year term. Ashok Padhi: Mr. Padhi is a new member to the city having moved to Renton in November 2021. He is an Asian Indian immigrant and a senior citizen who likes Renton and wants to be involved. Mr. Padhi works in information technology and teaches at the college level. In his spare time, he volunteers with local and foreign organizations, including a farm in his neighborhood. He works to bring awareness of the need for equity. Mr. Padhi believes services such as transit access, internet, and information need to be equitably available to all populations. Mr. Padhi did not have a preference on the length of his term. Aleja Rubalcaba: Ms. Rubalcaba is being recommended for the Commission’s youth representative. She is the only applicant falling within the age limitations of this position. She is a graduate of Seattle University with a degree in criminal justice. Ms. Rubalcaba has been involved in the Renton community since she was young and has a strong relationship with the Renton School District and the Latino community. She also participated in the Black Lives Matter mural project, Protest for Change, Renton King County Alliance 4 Justice, homeless initiatives, and the Downtown Partnership. Her research in the School Resource Officer (SRO) Program and how it impacts marginalized youth populations sparked her interest in the Equity C ommission. She was encouraged to apply by one of her professors. During her interview Ms. Rubalcaba expressed her passion for helping others and continuing her involvement in the community. DocuSign Envelope ID: 5AC2FD8A-E54A-4912-8C97-C4EAF7FFCFB4 AGENDA ITEM #5. d) Armondo Pavone, Mayor Page 5 of 5 January 26, 2022 Ms. Rubalcaba did not have a preference on the length of her term. Rueben Turk: Mr. Turk is a member of the African American community and owns a hair salon in downtown Renton. He has facilitated workshops on diversity and equity for Amazon and Microsoft, working with Microsoft to help diversify its contracting procedures. He is a member of the Black Market Place, has participated in the Black Lives Matter mural project, and has a desire to be part of other major changes in equity and diversity in Renton. He has been involved in delicate matters such as counseling those going through gender transitioning. His business is 80% women and minority women. He promotes women and minorities in the workplace. Mr. Turk expressed a strong desire to add value to the community’s focus on equity and inclusion. Mr. Turk did not have a preference on the length of his term. Margarita Villarreal: Ms. Villarreal is a member of the Latino community and has been involved with various social groups focusing on activism, including the Black Lives Matter mural project, Protest for Change, Renton King County Alliance 4 Justice, homelessness initiatives, and the Downtown Partnership. She is a business owner who is interested in bringing Latino businesses to downtown Renton. Ms. Villarreal works toward making sure all voices are being heard and information is shared equitably. She is passionate about the work she has done and believes positive change can be accomplished in the community. Ms. Villarreal is interested in serving a 3-year term. cc: Benita Horn, Equity and Inclusion Consultant April Alexander, Executive Assistant Linda Moschetti-Newing, Administrative Assistant DocuSign Envelope ID: 5AC2FD8A-E54A-4912-8C97-C4EAF7FFCFB4 AGENDA ITEM #5. d) City of Renton Equity Commission Interview Form Applicant Name: Panel Member Name: Eligibility requirements for Renton Equity Commission members per Ordinance No.6033: • 9 members, one a youth member, at least one “youth member between the ages of 18 and 25 • Reflect the diversity of the city including but not limited to ethnicity, race, age, gender, faith, gender identity and expression, and profession. • Resident of or business owner in City of Renton • Demonstrated commitment to equity • Current Council members, city employees, and consultants/contractors with the city are ineligible for appointment Instructions for completing the Interview Form: Evaluate each applicant based on their response to each question. This form summarizes your independent evaluation of each applicant and serves as a guide to initiate discussion amongst the panel. Please use the following ratings; Strong, Average or Weak for responses to each question. Strong (S) = The applicant’s response to the question was exceptional. Average (A) = The applicant’s response to the question was satisfactory. Weak (W) = The applicant’s response to the question was not acceptable or did not fully respond to the question. Question and Panel Member Notes: Rating of Response 1. What strengths do you feel you bring to the work of the Equity Commission? 2. A requirement for the Commission is that members reflect the diversity of the City, to which communities in Renton do you belong and/or have strong relationships? 3. What equity, inclusion, and diversity issues are important to the communities to which you belong or have relationships? AGENDA ITEM #5. d) 4. Provide an example of how you have demonstrated your commitment to equity and inclusion, and explain the outcome. 5. In what ways do you think the Commission can both truly engage members of the community and keep them informed? 6. The Renton Equity Commission is a new Commission currently being formed, what challenges do you anticipate the Equity Commission may need to address? What do you think is the best way to address them? 7. Since this Commission is just starting, member appointments will be 1, 2 or 3 years, do you have a preference? No rating needed for this question. 8. One of the challenges a multi member Commission faces is reaching a consensus on a given subject or project. How receptive are you to new ideas or procedures and how would you work towards consensus in a large group? 9. Is there anything else you would like us to know? No rating needed for this question. 10. Are there any questions you have about the Equity Commission? No rating needed for this question. AGENDA ITEM #5. d) RENTON EQUITY COMMISSION PANELIST SUMMARY To determine an average rating: Strong = 3 points; Average = 2 points; Weak = 1 point Maximum rating = 21 points LAST NAME FIRST NAME AVERAGE RATING 1. Baddeley Cassandra 19.5** African American, educator 2. Davis Lisa 20.0** LGBT, religion/faith community 3. Hill Holly 16.0** Social justice advocate, disability 4. Hill Nicole 18.5** Dep Dir Equity/Social Responsibility at Sound Transit, woman of color 5. Imaoka Manami 20.3* Asian, speaks Japanese, food insecurity, educator, perm resident, supports veterans 6. Ines Jasmine 18.3 Tri-lingual, PTA, housing, ASL 7. Jones Anna 19.0** African American, military, faith community 8. Kershner Celina 19.0** Mixed race, business owner 9. Kroeger Morgan 18.0** LGBT, mental health, formerly homeless, worked with immigrants, environment 10. Li Brandi 17.5* Chinese, NW Justice Project in IT, former ELL teacher 11. Orchilla Villy 17.3* Male, school staff, Filipino community, senior 12. Padhi Ashok 19.0* Asian Indian Immigrant, senior 13. Rubalcaba Aleja 17.0*** Youth 14. Turk Rueben 18.0*** Equity workshops, business owner, Black marketplace, BLM mural, gender transition counseling 15. Villarreal Margarita 20.3* Latina, BLM mural, business owner, homelessness *Each asterisk represents a panel member advocating for this applicant. • 13 applicants had average ratings of 17 or above (average ratings in bold font), Clarification from City Attorney’s office on “Renton resident” from city attorney – must reside within the city limits. AGENDA ITEM #5. d) 1 April Alexander From:notification@civiclive.com Sent:Thursday, November 11, 2021 3:55 PM To:April Alexander Subject:Application for Boards/Commissions/Committees 2021-11-11 03:55 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2021‐11‐11 03:55 PM(PST) was submitted by Guest on 11/11/2021  6:55:26 PM (GMT‐08:00) Canada/Pacific  Name Value  Airport Advisory Committee*  Civil Service Commission*  Community Plan Advisory Board ‐ Benson Hill  Community Plan Advisory Board ‐ City Center  Equity Commission Equity Commission  Historical/Museum Board*  Housing Authority*  Human Services Advisory Committee*  Parks Commission*  Planning Commission*  Municipal Arts Commission*  Senior Citizens Advisory Board*  Sister City Committee ‐ Cuautla  Sister City Committee ‐ Nishiwaki  Gender Ms.  Name Cassandra Baddeley   Address: 1020 N 27th Place Renton, WA 98056  Email Cbaddeley42@gmail.com  Phone 2063350122  AltPhone:  Resident Yes  ResidentSince 2011  formerresidence Seattle  EducationBackground BA in Interdisciplinary Childhood Development WWU 2001 *Minor in Psychology *Teaching endorsement K‐8  OccupationalBackground Teacher Stay at home mother   Employer: Made In Washington   CommunityActivities PTA Kennydale Parent volunteer at Kennydale elementary and Risdon middle school  CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. AGENDA ITEM #5. d) 2 Reasonforapplying  I believe that it is necessary to know what is happening in the city my  children are growing up in, to do my part in ensuring that this city is a  place where all its citizens feel fairly represented and to no longer sit  quietly by while I watch others be involved in the planning of the future  of this city.  Day Meetings   Night Meetings Night Meetings  To view this form submission online, please follow the link below:  https://rentonwa.gov/form/one.aspx?objectId=18134075&contextId=9212967&returnto=submissions  AGENDA ITEM #5. d) 1 April Alexander From:notification@civiclive.com Sent:Friday, November 12, 2021 11:03 AM To:April Alexander Subject:Application for Boards/Commissions/Committees 2021-11-12 11:03 AM(PST) Submission Notification Application for Boards/Commissions/Committees 2021‐11‐12 11:03 AM(PST) was submitted by Guest on 11/12/2021  2:03:07 PM (GMT‐08:00) Canada/Pacific  Name Value  Airport Advisory Committee*   Civil Service Commission*   Community Plan Advisory Board ‐ Benson Hill   Community Plan Advisory Board ‐ City Center   Equity Commission Equity Commission  Historical/Museum Board*   Housing Authority*   Human Services Advisory Committee*   Parks Commission*   Planning Commission*   Municipal Arts Commission*   Senior Citizens Advisory Board*   Sister City Committee ‐ Cuautla   Sister City Committee ‐ Nishiwaki   Gender Ms.  Name Lisa Davis  Address: 3813 NE 14TH ST  Email misalarie1@gmail.com  Phone 5039350438  AltPhone:   Resident Yes  ResidentSince 2019  formerresidence Beaverton, OR  EducationBackground  Bachelor of Science => Business Information Systems, University of  Phoenix Post‐graduate certificate in AI in Transportation Management,  Carnegie Mellon University  OccupationalBackground  Cloud Engineering Leader who has spent the last several decades leading  teams in fortune 500 companies, the military, and nonprofit  organizations.  Employer: Mercedes‐Benz Research & Development North America   CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe.   AGENDA ITEM #5. d) 2 CommunityActivities None since moving to Renton / WA State, followed by the COVID  lockdown.   Reasonforapplying  I'm interested in finding new opportunities to serve the community, and  think my own intersectionality would lend a unique perspective to my  participation on this committee. I identify as Lesbian, a former officer in  the US Army, and a member of the Church of Jesus Christ of Latter‐Day  Saints.   Day Meetings Day Meetings  Night Meetings Night Meetings  To view this form submission online, please follow the link below:  https://rentonwa.gov/form/one.aspx?objectId=18135210&contextId=9212967&returnto=submissions  AGENDA ITEM #5. d) 1 April Alexander From:notification@civiclive.com Sent:Monday, November 29, 2021 3:56 PM To:April Alexander Subject:Application for Boards/Commissions/Committees 2021-11-29 03:56 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2021‐11‐29 03:56 PM(PST) was submitted by Guest on 11/29/2021  6:56:22 PM (GMT‐08:00) Canada/Pacific  Name Value  Airport Advisory Committee*   Civil Service Commission*   Community Plan Advisory Board ‐ Benson Hill   Community Plan Advisory Board ‐ City Center   Equity Commission Equity Commission  Historical/Museum Board*   Housing Authority*   Human Services Advisory Committee*   Parks Commission*   Planning Commission*   Municipal Arts Commission*   Senior Citizens Advisory Board*   Sister City Committee ‐ Cuautla   Sister City Committee ‐ Nishiwaki   Gender Ms.  Name Nicole Hill  Address: 102 NW 6th Street Renton, WA 98057  Email nicolerenaehill@gmail.com  Phone 4253437487  AltPhone:   Resident Yes  ResidentSince 2015  formerresidence Seattle  EducationBackground  Masters in Public Administration (MPA) Program, Seattle University  *Degree not yet obtained Bachelors of Arts and Science (Sociology),  University of Washington, 2007   OccupationalBackground  Deputy Director‐ Equity and Social Responsibility The Office of Civil  Rights, Equity and Inclusion Sound Transit, January 2020‐present In this  role I lead the equity and social responsibility portfolio for the agency.  This includes providing consultation to various teams and departments  across the agency as they work to operationalize equity within their lines   CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe.   AGENDA ITEM #5. d) 2 of business, developing tools that help embed equity within current  processes, oversight of our Title VI program and all compliance  requirements therein including, but not limited to, our Public  Participation Plan and Language Assistance Plan,  development/implementation of Sound Transit's anti‐racism strategy  and our workplace giving program. YMCA of Greater Seattle West  Seattle & Fauntleroy YMCA Interim Executive Director ‐June 2019‐ December 2019 Associate Executive Director ‐October 2017‐May 2019  As the Associate Executive Director, I managed the day to day  operational needs of the branch across two different facilities. I led a  team of directors who managed our four program areas; membership,  aquatics, family programs/youth sports and health & wellness. I also  managed the branch's $10 million budget and led our annual giving  campaign. When I moved into the role of interim executive director, I  took on additional duties mostly related to our board and various  initiatives at an association level. Throughout my ten years of non‐profit  experience I have been heavily involved in any and all of our diversity,  equity and inclusion (DEI) efforts; the development and implementation  of trainings, employee resource groups, serving on various DEI  committees both locally and nationally. YMCA Powerful Schools,  Meredith Mathews East Madison YMCA Senior Director, Education and  Leadership October 2014‐July 2017 Managed the day to day operations  of youth education programs in Title I elementary schools across three  school districts (Seattle, Highline and Tukwila). A primary component of  this work was not only ensuring high quality programming, but to  manage and cultivate our partnerships with school administrators and  district partners in order to bring culturally relevant in‐and‐out of school  time and summer learning programs to young people. University Family  YMCA Director of Education and Leadership June 2012‐Sept. 2014   Employer: Sound Transit January 2020‐Present YMCA of Greater Seattle 2010‐2019  CommunityActivities  Board Member; The Greater Seattle Bureau of Fearless Ideas (BFI)  August 2020‐Present Member‐ Government Alliance on Race and Equity  (GARE)   Reasonforapplying  As a resident of Renton (Bryn Mawr‐Skyway) for the last several years, I  have been looking for ways to contribute to the vitality of this city. My  husband grew up in Skyway and speaks often about the changes he has  seen in this area (both good and bad). My stepson and nephew attended  school in Renton and my oldest son will enter Kindergarten in Renton  School District next year. My personal and professional interests are  twofold; creating meaningful change from the inside out through  community‐led decision‐making and strategic policy decisions and  ensuring that the voices of historically excluded communities are  amplified. I believe that leading with racial justice and anti‐racism in  public policy and administration is required if government institutions  are truly committed to meeting the needs of their constituents.  Identifying and acknowledging past harm caused by decades of deeply  entrenched racist practices in government is a first step in creating  greater outcomes for ALL. I am excited about being able to lend my  professional and lived experience as Renton takes the next step in this  journey towards equity. Thank you for your consideration.  Day Meetings Day Meetings  AGENDA ITEM #5. d) 3 Night Meetings Night Meetings  To view this form submission online, please follow the link below:  https://rentonwa.gov/form/one.aspx?objectId=18163766&contextId=9212967&returnto=submissions  AGENDA ITEM #5. d) 1 April Alexander From:notification@civiclive.com Sent:Friday, November 19, 2021 2:51 PM To:April Alexander Subject:Application for Boards/Commissions/Committees 2021-11-19 02:51 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2021‐11‐19 02:51 PM(PST) was submitted by Guest on 11/19/2021  5:51:02 PM (GMT‐08:00) Canada/Pacific  Name Value  Airport Advisory Committee*   Civil Service Commission*   Community Plan Advisory Board ‐ Benson Hill   Community Plan Advisory Board ‐ City Center   Equity Commission Equity Commission  Historical/Museum Board*   Housing Authority*   Human Services Advisory Committee* Human Services Advisory Committee*  Parks Commission*   Planning Commission*   Municipal Arts Commission*   Senior Citizens Advisory Board*   Sister City Committee ‐ Cuautla   Sister City Committee ‐ Nishiwaki Sister City Committee ‐ Nishiwaki  Gender Ms.  Name Manami Imaoka  Address: 16925 125th Pl SE Renton, WA 98058  Email manami_imaoka@hotmail.com  Phone 5033298010  AltPhone:   Resident Yes  ResidentSince July 2016  formerresidence Oregon  EducationBackground  Master of Education in Educational Leadership University of Oregon,  Eugene, OR (September 1999 – August 2002) Bachelor of Arts ‐  Individual Studies Teaching and Learning a Second Language  (specialization in Japanese and ESL) Central Washington University,  Ellensburg, WA (September 1993 ‐ August 1996)   OccupationalBackground Educator (mainly Japanese and ESL): 1996 ‐ 2016 Translator/Interpreter  (Japanese‐English): 1991 ‐ present Insurance producer/Account   CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe.   AGENDA ITEM #5. d) 2 executive: 2018 ‐ present Administrative Assistant (mainly in the non‐ profit sector): 2020 ‐ present  Employer:  ‐ Renton Chamber of Commerce ‐ Emergency Feeding Program ‐ Colonial  Life ‐ Blueprint Consulting ‐ Sheridan Japanese School ‐ Language Access  Network ‐ Lane Powell ‐ Jesuit High School  CommunityActivities  ‐ Renton Chamber of Commerce Ambassador ‐ Sustainable Renton  (volunteer/board member) ‐ South County Cats ‐ Renton‐Nishiwaki Sister  Cities Relations (interpreter/translator for the 50th year anniversary  events) ‐ Renton Lions Club  Reasonforapplying  Since I have moved to Renton in the summer of 2016 and purchased a  house in the spring of 2017, Renton has been my home. Not only in a  geographical/physical sense but also this is where my heart belongs.  Through several volunteer involvements, businesses, non‐profits (in  particular, Renton Chamber of Commerce), I have made a lot of  connections and involved in events and services. I would like to be more  involved in the level where I can reflect voices of my friends and Renton  citizens to be reflected.  Day Meetings   Night Meetings Night Meetings  To view this form submission online, please follow the link below:  https://rentonwa.gov/form/one.aspx?objectId=18151678&contextId=9212967&returnto=submissions  AGENDA ITEM #5. d) 1 April Alexander From:notification@civiclive.com Sent:Sunday, November 28, 2021 8:03 PM To:April Alexander Subject:Application for Boards/Commissions/Committees 2021-11-28 08:02 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2021‐11‐28 08:02 PM(PST) was submitted by Guest on 11/28/2021  11:02:41 PM (GMT‐08:00) Canada/Pacific  Name Value  Airport Advisory Committee*  Civil Service Commission*  Community Plan Advisory Board ‐ Benson Hill  Community Plan Advisory Board ‐ City Center  Equity Commission Equity Commission  Historical/Museum Board*  Housing Authority*  Human Services Advisory Committee*  Parks Commission*  Planning Commission*  Municipal Arts Commission*  Senior Citizens Advisory Board*  Sister City Committee ‐ Cuautla  Sister City Committee ‐ Nishiwaki  Gender Ms.  Name Celina Kershner  Address: 1507 rolling hills ave se  Email celina@northwestguidedhomecare.com  Phone 2067078289  AltPhone:  Resident Yes  ResidentSince 2011  formerresidence renton  EducationBackground BA Healthcare administration  OccupationalBackground  I am a new business owner serving the senior community. I staff  caregivers to work inside of seniors homes. My company is called  Northwest Guided Home Care  Employer: self employed, Owner of Northwest Guided Home Care  CommunityActivities Senior Care Coalition, Genpride and Home Care Association of Washington  CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. AGENDA ITEM #5. d) 2 Reasonforapplying  I love living in Renton and enjoy seeing the recent economic growth. I  would love to be apart of an organization who advocates for the  underserved to provide resources and opportunities in any way that I  can   Day Meetings Day Meetings  Night Meetings Night Meetings  To view this form submission online, please follow the link below:  https://rentonwa.gov/form/one.aspx?objectId=18161716&contextId=9212967&returnto=submissions  AGENDA ITEM #5. d) 1 April Alexander From:notification@civiclive.com Sent:Tuesday, November 30, 2021 4:40 PM To:April Alexander Subject:Application for Boards/Commissions/Committees 2021-11-30 04:39 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2021‐11‐30 04:39 PM(PST) was submitted by Guest on 11/30/2021  7:39:36 PM (GMT‐08:00) Canada/Pacific  Name Value  Airport Advisory Committee*   Civil Service Commission*   Community Plan Advisory Board ‐ Benson Hill   Community Plan Advisory Board ‐ City Center   Equity Commission Equity Commission  Historical/Museum Board*   Housing Authority*   Human Services Advisory Committee*   Parks Commission*   Planning Commission*   Municipal Arts Commission*   Senior Citizens Advisory Board*   Sister City Committee ‐ Cuautla   Sister City Committee ‐ Nishiwaki   Gender Ms.  Name Morgan Kroeger  Address: 705 Renton Ave S Renton WA 98057  Email mkroeger94@gmail.com  Phone 2062454765  AltPhone:   Resident Yes  ResidentSince 2007  formerresidence Seattle Washington  EducationBackground I have a BS in Fish and Wildlife from Oregon State University.  OccupationalBackground  I have been a substitute teacher in Oregon and Washington, including  the public Renton district. I currently work for Washington's Department  of Fish and Wildlife.  Employer: Department of Fish and Wildlife.  CommunityActivities I have worked with Renton River Days, Feeding Renton, Earth Corps, and  I have volunteered with Renton Rotary for years.   CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe.   AGENDA ITEM #5. d) 2 Reasonforapplying  I have been a part of the Renton community for a while, and I believe my  unique perspective of being an educated queer woman, who is intensely  focused on environmental and humanitarian problems can offer a voice  to issues that might be overlooked.  Day Meetings   Night Meetings Night Meetings  To view this form submission online, please follow the link below:  https://rentonwa.gov/form/one.aspx?objectId=18166715&contextId=9212967&returnto=submissions  AGENDA ITEM #5. d) 1 April Alexander From:notification@civiclive.com Sent:Thursday, November 18, 2021 7:31 PM To:April Alexander Subject:Application for Boards/Commissions/Committees 2021-11-18 07:30 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2021‐11‐18 07:30 PM(PST) was submitted by Guest on 11/18/2021  10:30:59 PM (GMT‐08:00) Canada/Pacific  Name Value  Airport Advisory Committee*   Civil Service Commission*   Community Plan Advisory Board ‐ Benson Hill   Community Plan Advisory Board ‐ City Center   Equity Commission Equity Commission  Historical/Museum Board*   Housing Authority* Housing Authority*  Human Services Advisory Committee*   Parks Commission*   Planning Commission* Planning Commission*  Municipal Arts Commission*   Senior Citizens Advisory Board*   Sister City Committee ‐ Cuautla   Sister City Committee ‐ Nishiwaki   Gender Mr.  Name Ashok Padhi  Address: 2007Jones Ave NE, Renton, WA 98056  Email apadhi@gmail.com  Phone 904‐545‐8574  AltPhone:   Resident Yes  ResidentSince 2021  formerresidence   EducationBackground MBA, Masters in Engineering  OccupationalBackground Software Engineer, Project manager, executive, Strategy, Volunteer,  multi‐national experience  Employer: eSystems, Inc.  CommunityActivities Served as Chairman of Jacksonville Asian American Alliance, volunteered  in United Nations and helped RESET Caribbean Foundation, An NGO.   Reasonforapplying To bring diversity of idea, make Renton the best place to live.   CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe.   AGENDA ITEM #5. d) 2 Day Meetings   Night Meetings Night Meetings  To view this form submission online, please follow the link below:  https://rentonwa.gov/form/one.aspx?objectId=18149523&contextId=9212967&returnto=submissions  AGENDA ITEM #5. d) 1 April Alexander From:notification@civiclive.com Sent:Tuesday, November 16, 2021 6:45 PM To:April Alexander Subject:Application for Boards/Commissions/Committees 2021-11-16 06:44 PM(PST) Submission Notification Application for Boards/Commissions/Committees 2021‐11‐16 06:44 PM(PST) was submitted by Guest on 11/16/2021  9:44:44 PM (GMT‐08:00) Canada/Pacific  Name Value  Airport Advisory Committee*   Civil Service Commission*   Community Plan Advisory Board ‐ Benson Hill   Community Plan Advisory Board ‐ City Center   Equity Commission Equity Commission  Historical/Museum Board*   Housing Authority*   Human Services Advisory Committee*   Parks Commission*   Planning Commission*   Municipal Arts Commission*   Senior Citizens Advisory Board*   Sister City Committee ‐ Cuautla   Sister City Committee ‐ Nishiwaki   Gender Ms.  Name Aleja Rubalcaba  Address: 2709 Whitworth Ave S Renton, WA 98055  Email rubalcab@seattleu.edu   Phone 4253064806  AltPhone:   Resident Yes  ResidentSince 1999  formerresidence   EducationBackground Bachelor’s of Arts in Criminal Justice with a specialization in Criminology  and Criminal Justice Theory with an Arabic Minor  OccupationalBackground  PT Keyholder/Manager ‐ Garage Clothing (March 2021‐Current) PT Sales  Associate ‐ Garage Clothing (February 2019‐June 2019, August 2020‐ March 2021)  Employer: Garage Clothing 2800 Southcenter Mall Tukwila, WA 98188  CommunityActivities Administrative Volunteer ‐ Victim Support Services Summer Camp  Counselor ‐ NWBBA   CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe.   AGENDA ITEM #5. d) 2 Reasonforapplying  I have a passion for creating and maintaining equity within a community  that I’ve grown up in. I’ve witnessed firsthand how racism is affecting  the city. I’m driven to make positive change in the city that would inspire  people to take care of themselves and their community while  simultaneously combatting the institutionalized racism that impacts  many people of this city and advocating for those whose voices don’t get  heard enough.   Day Meetings Day Meetings  Night Meetings   To view this form submission online, please follow the link below:  https://rentonwa.gov/form/one.aspx?objectId=18144692&contextId=9212967&returnto=submissions  AGENDA ITEM #5. d) 1 April Alexander From:notification@civiclive.com Sent:Wednesday, November 17, 2021 10:47 AM To:April Alexander Subject:Application for Boards/Commissions/Committees 2021-11-17 10:47 AM(PST) Submission Notification Application for Boards/Commissions/Committees 2021‐11‐17 10:47 AM(PST) was submitted by Guest on 11/17/2021  1:47:05 PM (GMT‐08:00) Canada/Pacific  Name Value  Airport Advisory Committee*   Civil Service Commission*   Community Plan Advisory Board ‐ Benson Hill   Community Plan Advisory Board ‐ City Center   Equity Commission Equity Commission  Historical/Museum Board*   Housing Authority*   Human Services Advisory Committee*   Parks Commission*   Planning Commission*   Municipal Arts Commission*   Senior Citizens Advisory Board*   Sister City Committee ‐ Cuautla   Sister City Committee ‐ Nishiwaki   Gender Mr.  Name Rueben J Turk  Address: 334 WELLS AVE S, SUITE D Suite D  Email RUEBEN.TURK@GMAIL.COM  Phone 2069418411  AltPhone:   Resident Yes  ResidentSince 2016  formerresidence seattle  EducationBackground Seattle vocational institute alumni  OccupationalBackground Entrepreneur in Renton for 6 years. Focus on business consulting, hair  styling and care.  Employer: Full time entrepreneur   CommunityActivities Have participated in multiple serve groups including black market place,  black lives matter mural.   CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe.   AGENDA ITEM #5. d) 2 Reasonforapplying  I have been in Renton for 6 years and own a minority owned and staffed  business. my goal would be to impact the surrounding community in  down town Renton and create opportunity for more diverse community  members to be apart of our downtown small business group.  Day Meetings Day Meetings  Night Meetings   To view this form submission online, please follow the link below:  https://rentonwa.gov/form/one.aspx?objectId=18145709&contextId=9212967&returnto=submissions  AGENDA ITEM #5. d) AB - 3076 City Council Regular Meeting - 28 Feb 2022 SUBJECT/TITLE: Project Acceptance: CAG-18-155 with Applied Ecology, LLC for the Cedar River Maintenance Dredge Project – Vegetation Management RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Jared McDonald, Surface Water Utility Engineer EXT.: 7293 FISCAL IMPACT SUMMARY: The original contract amount of $80,804.63 was for 2 years of maintenance for mitigation planting installed along the Cedar River as required by the regulatory permit. The final project cost was $187,055.51. This increase in cost was simply due to amending the contract duration from 2 years to 4 years. Total cost for Schedule A in the contract amounted to $178,130.00 and was entirely funded by the King County Flood Control District grant for the Cedar River Gravel Removal Project (CAG-13-009) which covers post-construction mitigation. Total cost for Schedule B in the contract amounted to $8,925.51 and was funded by the a pproved 2021 Capital Improvement Program budget for the Cedar River Operation and Maintenance program (427.475185). SUMMARY OF ACTION: The City of Renton is responsible for the maintenance and monitoring of the mitigation plantings installed along the Cedar River main channel and offsite spawning channels, as required by US Army Corps of Engineers (USACE) Section 404 permit NWS-2013-0804. The USACE permit was issued for the Cedar River Section 205 Maintenance Dredging Project in 2016. Vegetation Management work required to remain in compliance with this permit was awarded to Applied Ecology, LLC on August 7th, 2018 through a small works roster contract. Due to the satisfactory performance and high quality of work by Applied Ecology, as well the fact that only two bidders provided proposals to the City when bids were solicited in 2018, the Surface Water Utility extended the duration of this contract to cover two additional years (2020 and 2021). The project consisted of two schedules. Schedule A consisted of work required to maintain mitigation plantings installed along the Cedar River main channel and offsite spawning channels (Royal Hills and Elliot Spawning Channel). Schedule B included work required for clearing a path along the river side of the Cedar River floodwalls to facilitate their annual inspection by US Army Corps of Engineers staff. This work is not related to the permit referenced above and is part of the standard operation, maintenance, and inspection procedures of the Cedar River levees. Schedule A of the project planted 68 trees, 1,854 shrubs, 1,714 live stakes, conducted 13 rounds of invasive species control, added 12,660 sf of hydroseed, and conducted soil amendment where grass cover was lacking or insufficient. Physical completion of all required work items was granted on January 11, 2022. EXHIBITS: A. WA Notice of Completion B. WA Notice of Completion Tax Breakdown C. Final Pay Estimate STAFF RECOMMENDATION: Accept the Cedar River Maintenance Dredge Vegetation Management Project with Applied Ecology, LLCand authorize release of the retainage after 60 days, once all the required releases from the state have been obtained. AGENDA ITEM #5. e) 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 #5. e) 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 #5. e) Total Contract $187,055.51 Project Name: Total Contract Amount Total Sales Tax $170,020.02 $17,035.49 Cedar River Maintenance Dredge Project - Vegetation Management 2021 to 2022 Contract Breakdown Contract Amount Sales Tax (10.1%) Total $33,488.04 $3,382.29 $36,870.33 Notice of Completion of Public Works Contract - Sales Tax Breakdown 2018 to 2020 Contract Breakdown Contract Amount Sales Tax (10.0%) Total $136,531.98 $13,653.20 $150,185.18 AGENDA ITEM #5. e) TO:FINANCE DIRECTOR FROM:PUBLIC WORKS ADMINISTRATOR 18/0002069 CONTRACTOR: Applied Ecology, LLC CONTRACT NO. CAG 18-155 ESTIMATE NO. 17 PROJECT: Cedar River Maintenance Dredge Project Vegetation Management 1. CONTRACTOR EARNINGS THIS ESTIMATE $7,378.04 2. SALES TAX @ 10.1% (10.0% Prior to 2021) $745.18 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $8,123.22 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $146,377.78 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $6,640.24 6.SUBTOTAL - CONTRACTOR PAYMENTS $153,018.02 7. RETAINAGE ON PREVIOUS EARNINGS $16,264.20 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $737.80 9.SUBTOTAL - RETAINAGE $17,002.00 10. SALES TAX PREVIOUSLY PAID Sales Tax Rule 170 Applies $16,290.31 11. SALES TAX DUE THIS ESTIMATE $745.18 12.SUBTOTAL - SALES TAX $17,035.49 *(90% x LINE 1) **(RETAINAGE: 10%)GRAND TOTAL: $187,055.51 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT # 427.475193.015.531.35.48.000 - Schedule A $7,385.42 # 17 # 427.475185.015.594.31.63.000 - Schedule B $0.00 # 17 $7,385.42 RETAINED AMOUNT (Line 8): ACCOUNT # 427.475193.015.531.35.48.000 - Schedule A $737.80 # 17 # 427.475185.015.594.31.63.000 - Schedule B $0.00 # 17 $737.80 TOTAL THIS ESTIMATE: $8,123.22 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: Printed On: 12/30/2021 City of Renton Public Works Department Page 1 AGENDA ITEM #5. e) Printed On: 12/30/2021 City of Renton Public Works Department Page 1 Project: Cedar River Maintenance Dredge Project Vegetation Management Contract Number: CAG 18-155 Contractor:Applied Ecology, LLC Pay Estimate 17 Closing Date:12/31/21 Item Description Unit Est.Unit Previous Previous This This Total Total No.Quantity Price Quantity Amount Quantity Amount Quantity Amount Schedule A A01 Trees EA 68 $28.325 68.0 $1,926.10 $0.00 68.00 $1,926.10 A02 Shrubs EA 1854 $18.325 1854.0 $33,974.55 $0.00 1854.00 $33,974.55 A03 Hydroseed SF 12660 $0.2005 12660.0 $2,538.33 $0.00 12660.00 $2,538.33 A04 Invasive Species Control EA 13 $7,200.00 13.0 $93,600.00 $0.00 13.00 $93,600.00 A05 Notification, Site Walks, Irrigation Management, and Documentation LS 1 $6,082.00 1.0 $6,082.00 $0.00 1.00 $6,082.00 A06 Surveying, Staking, and As-built plans LS 1 $2,956.00 1.0 $2,956.00 $0.00 1.00 $2,956.00 A07 Emergent Mix-b EA 120 $5.00 120.0 $600.00 $0.00 120.00 $600.00 A08 Live Stakes EA 1714 $7.50 1714.0 $12,855.00 $0.00 1714.00 $12,855.00 CO#5 Soil Amendment/Hydroseed Along Cedar River LS 1 $7,378.04 0.0 $0.00 1.0 $7,378.04 1.00 $7,378.04 Subtotal Schedule A $154,531.98 $7,378.04 $161,910.02 Sales Tax Rule 170 Applies - 10.1.% (10.0% Prior to 2021) $15,474.80 $745.18 $16,219.98 Total Schedule A $170,006.78 $8,123.22 $178,130.00 Schedule B B01 Clearing and Grubbing LF 3000 $1.20 3000.0 $3,600.00 $0.00 3000.00 $3,600.00 CO#4 LS 1 $4,510.00 1.0 $4,510.00 $0.00 1.00 $4,510.00 Subtotal Schedule B $8,110.00 $0.00 $8,110.00 Sales Tax Rule 170 Applies - 10.1.% (10.0% Prior to 2021) $815.51 $0.00 $815.51 Total Schedule B $8,925.51 $0.00 $8,925.51 Subtotal All Schedules $162,641.98 $7,378.04 $170,020.02 Sales Tax Rule 170 Applies - 10.1.% (10.0% Prior to 2021) $16,290.31 $745.18 $17,035.49 Total All Schedules $178,932.29 $8,123.22 $187,055.51 AGENDA ITEM #5. e) AB - 3077 City Council Regular Meeting - 28 Feb 2022 SUBJECT/TITLE: Water Quality Grant Agreement WQSWPC-2022-Renton-00047 with the Department of Ecology for the Monroe Avenue NE Storm System Improvement Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Joe Farah, Surface Water Utility Engineering Manager EXT.: 7248 FISCAL IMPACT SUMMARY: The grant agreement provides $4,797,875.00 of grant funding to the pr oposed 2022 Surface Water Utility Capital Improvement Program budget for the Monroe Avenue NE Storm System Improvement Project (427.475494). The grant requires $1,599,291.67 in matching City funds. There is sufficient funding in the project budget to meet the matching funds requirement. SUMMARY OF ACTION: The Monroe Ave NE storm system Improvement Project will construct treatment and infiltration facilities at 301 Monroe Ave NE to serve a 245-acre subbasin located in the Renton Highlands and President Park neighborhoods. This subbasin does not have an adequ ate connection to a downstream conveyance system or waterbody. Due to this deficiency and resulting flooding on Monroe Avenue NE, the city entered into an agreement with Segale Properties for a temporary easement that allowed the city to construct and main tain overflow pipes that discharges to their property at 301 Monroe Avenue NE. In 2019, Segale requested a special fill and grade permit to fill and redevelop their site, which indicated that the termination of the easement agreement is likely to happen in the next 3-5 years. This would signify the loss of a critical overflow path that has played an essential role in preventing flooding on Monroe Avenue NE. It is critical for the city to design and construct a permanent system that replaces the loss of the existing overflow pipes. The proposed facilities are shown in Attachment A. The project adds 2.2 acres of infiltration chambers preceded by an enhanced water quality treatment facility. The Department of Ecology awarded the city $4,797,875.00 in grant funding for this project as part of the Stormwater Financial Assistance Program grant program in state fiscal year 2022. The estimated total project cost, based upon the 30% design, is $14 Million for the project design and construction, but excluding the easement acquisition cost to be negotiated. This grant will partially fund design and construction. Pending acquisition of the required easement, and the execution of this grant agreement, 60% design will be initiated. EXHIBITS: A. Preliminary Facility Layout and Required Easement B. Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Water Quality Grant Agreement WQSWPC-2022-Renton- 00047 with the Department of Ecology for $4,797,875.00 in grant funds for the Monroe Ave nue NE Storm System Improvement Project. AGENDA ITEM #5. f) 60' INGRESS/EGRESS & UTILITY EASEMENT SHORT PLAT LUA 01-090 LA PIANTA LIMITED PARTNERSHIP AFN 2002102800259460' INGRESS/EGRESS & UTILITY EASEMENTSHORT PLAT LUA 01-090MONROE AVENUE NENE 4TH STREET -EFFERSON AVENUE NENE 2ND STREET TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW UTILITY AFN 201807020000852 PSE EASEMENT AFN 2015101500515P.S.P. & L. CO. EASEMENTAFN 2571770, 3325304 & 3353433SCALE IN FEET HOR= 150 0 150 300 ATTACHMENT A AGENDA ITEM #5. f) Agreement No. WQC-2022-Renton-00047 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF RENTON This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. Monroe Avenue NE Storm System Improvement Project GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project will improve water quality in the Cedar River through design and installation of a series of Runoff Treatment best management practices (BMPs) followed by infiltration in Upper Balch Pit in the City of Renton. This project will provide runoff treatment for total suspended solids (TSS), dissolved copper, and dissolved zinc and will provide flow control by increasing stormwater infiltration. Project Long Description: The RECIPIENT identified the central portion of the Renton Highlands neighborhood , or the Monroe Avenue NE Basin, for stormwater treatment. This area is approximately 245 acres, and its stormwater flows untreated to perforated infiltration pipes with insufficient capacity . During large rain events excess stormwater overflows from temporary outfalls on a trunkline on Monroe Ave NE and ponds at Upper Balch Pit . Ponded water infiltrates through native soil to groundwater that feeds the Cedar River. Upper Balch Pit’s property owner intends to terminate the RECIPIENT’s $13,046,459.00 $6,397,166.67 $4,797,875.00 $1,599,291.67 07/01/2021 07/31/2025 Stormwater Facility AGENDA ITEM #5. f) Page 2 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton easement in 2023, and the RECIPIENT intends to construct a new drainage outlet prior to this termination . The Cedar River is Category 5 303(d) listed for pH, dissolved oxygen, and temperature; Category 2 303(d) listed for mercury; and Category 303(d) listed for copper, ammonia, arsenic, selenium, and bacteria. The Cedar River provides primary contact recreation and is a core summer salmonid habitat. It is flow control exempt and primarily influenced by groundwater flow. The Cedar River discharges to Lake Washington . The Monroe Avenue NE Basin is bounded by Monroe Avenue NE , NE 2nd street, Union Avenue NE and NE 9th street. It is primarily comprised of medium density residential and commercial lots. The area’s stormwater is currently untreated. The RECIPIENT will install a series of Runoff Treatment best management practices (BMPs), such as a hydrodynamic separator, followed by a manufactured treatment device with Technology Assessment Protocol - Ecology (TAPE) General Use Level Designation (GULD) approval for enhanced treatment, followed by an infiltration BMP. The treated stormwater will infiltrate to groundwater that flows southwest to the Cedar River. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 3 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton UEI Number:UG2PSBS6UJJ3 RECIPIENT INFORMATION Organization Name: Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Contacts Organization Email: City of Renton 91-6001271 092278894 Renton City Hall, 5th Floor, 1055 South Grady Way Renton, WA 98057-3232 Renton City Hall, 5th Floor 1055 South Grady Way rstraka@rentonwa.gov Template Version 12/10/2020 AGENDA ITEM #5. f) Page 4 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton Kevin Evans Surface Water Utility Engineer Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: krevans@rentonwa.gov Phone: (425) 430-7264 Authorized Signatory Kevin Evans Surface Water Utility Engineer Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: krevans@rentonwa.gov Phone: (425) 430-7264 Billing Contact Project Manager Authorized Signatory Armondo Pavone Mayor Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: apavone@rentonwa.gov Phone: (425) 430-6500 Template Version 12/10/2020 AGENDA ITEM #5. f) Page 5 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton Contacts Project Manager Financial Manager Technical Advisor Heather Bearnes-Loza PO Box 330316 Shoreline, Washington 98133-9716 Email: HEBE461@ecy.wa.gov Phone: (360) 584-2755 Melissa Conger PO Box 47600 Olympia, Washington 98504-7600 Email: MECO461@ecy.wa.gov Phone: (360) 407-6225 Joey Jiang PO Box 47600 Olympia, Washington 98504-7600 Email: JJIA461@ecy.wa.gov Phone: (360) 407-6728 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Template Version 12/10/2020 AGENDA ITEM #5. f) Page 6 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement . RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement . This Agreement contains the entire understanding between the parties , and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party . This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology Water Quality Date Date City of Renton Vincent McGowan, P.E. Mayor Armondo Pavone By:By: Template Approved to Form by Attorney General's Office Program Manager Template Version 12/10/2020 AGENDA ITEM #5. f) Page 7 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton City Clerk Date Jason A. Seth City Attorney Date Cheryl Beyer Template Version 12/10/2020 AGENDA ITEM #5. f) Page 8 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton SCOPE OF WORK Task Number:1 Task Cost: $5,000.00 Task Title:Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements . Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; the EAGL (Ecology Administration of Grants and Loans ) recipient closeout report; and a two-page outcome summary report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement , contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and two-page outcome summary report. * Properly maintained project documentation. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 9 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton Deliverables Grant and Loan Administration Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) 1.3 Two-page Outcome Summary Report Template Version 12/10/2020 AGENDA ITEM #5. f) Page 10 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton SCOPE OF WORK Task Number:2 Task Cost: $2,000.00 Task Title:Cultural and Environmental Reviews, and Permitting Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will provide both the ECOLOGY project manager and separegister @ecy.wa.gov an initial consultation on the draft State Environmental Policy Act (SEPA) documents. B.The RECIPIENT will notify the ECOLOGY project manager, in addition to the required distribution and public notice, when SEPA documents have been issued for the official comment period , which is a minimum of 21 days. C.The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal permits, licenses, easements, or property rights necessary for the project. D.The RECIPIENT will submit the documents listed below to ECOLOGY to initiate cultural resources review . Property acquisition and above and below ground activities proposed at any project site must be reviewed for potential affects to cultural resources. 1.The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any supporting materials must conform to the Department of Archeology and Historic Preservation’s Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY website . 2.The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. The IDP template may be found on the ECOLOGY website. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work . Examples of work may include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written notice to proceed shall not be eligible for reimbursement. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner . Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 11 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton Deliverables Cultural and Environmental Reviews, and Permitting Number Description Due Date 2.1 SEPA checklist, or other documentation for projects considered exempt from SEPA review. Upload to EAGL and notify ECOLOGY when upload is complete. 2.2 List of permits acquired and environmental review documents. Upload to EAGL and notify ECOLOGY when upload is complete . 2.3 Cultural Resources Review Form. Email the form and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager . ECOLOGY will upload documentation to EAGL when cultural resources is complete. 2.4 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 12 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton SCOPE OF WORK Task Number:3 Task Cost: $800,000.00 Task Title:Design Plans and Specifications Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Design Deliverables for Stormwater Projects with Ecology Funding (Design Deliverables Document). Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington , Stormwater Management Manual for Western Washington, or equivalent manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to 11x17 inches in size and ensure they are legible. 1.The RECIPIENT will submit a Design Report to ECOLOGY for review and acceptance . Allow 45 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report Acceptance Letter prior to proceeding to 90 Percent Design. 2.The RECIPIENT will submit a 90 Percent Design Package to ECOLOGY for review and acceptance . At a minimum, this package must include 90 percent plans, specifications, engineer’s opinion of cost, which includes a schedule of eligible costs, and project construction schedule. The current required bid inserts and specifications may be found on the Ecology website. Allow 45 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter prior to proceeding Final Design. 3.The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost including a schedule of eligible costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review. B.The RECIPIENT will calculate and submit a preliminary equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in the Design Deliverables Document. C.The RECIPIENT will submit a preliminary GIS compatible project area in shapefile, geodatabase file, or ECOLOGY-approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 13 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton Task Goal Statement: The RECIPIENT will complete all design tasks and respond to ECOLOGY comments in a timely manner . Task Expected Outcome: The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable federal, state, and local laws, and regulations. Deliverables Design Plans and Specifications Number Description Due Date 3.1 Contract documents (if contracting out for design). Upload to EAGL and notify ECOLOGY when upload is complete . 3.2 Design Report. Upload to EAGL and notify ECOLOGY when upload is complete. 3.3 Responses to ECOLOGY Design Report comments . Upload to EAGL and notify ECOLOGY when upload is complete . 3.4 ECOLOGY Design Report Acceptance Letter . Upload to EAGL and notify ECOLOGY when upload is complete . 3.5 90 Percent Design Package. Upload to EAGL and notify ECOLOGY when complete. 3.6 Responses to ECOLOGY 90 Percent Design Package comments. Upload to EAGL and notify ECOLOGY when upload is complete . 3.7 ECOLOGY 90 Percent Design Acceptance Letter . Upload to EAGL and notify ECOLOGY when upload is complete . 3.8 Preliminary equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete . 3.9 Preliminary project area shapefile, geodatabase file, or ECOLOGY-approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete . 3.10 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 3.11 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL and notify ECOLOGY when upload is complete. 3.12 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 3.13 Bid documents (e.g. bid announcement, bid tabulations, and bid award). Upload to EAGL and notify ECOLOGY when upload is complete . Template Version 12/10/2020 AGENDA ITEM #5. f) Page 14 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton SCOPE OF WORK Task Number:4 Task Cost: $72,000.00 Task Title:Construction Management Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will provide construction oversight and management of the project . B.The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review . C.The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend . D.The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur . E.Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY-accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible activities prior to implementation. Allow 10 calendar days for ECOLOGY review. Task Goal Statement: The RECIPIENT will oversee and manage construction , communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation. Task Expected Outcome: The project will be constructed on schedule and in accordance with accepted plans. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 15 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton Deliverables Construction Management Number Description Due Date 4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 4.2 Pre-Construction Conference Meeting Minutes. Upload to EAGL and notify ECOLOGY when upload is complete . 4.3 Project Schedule. Submit prior to construction and when changes occur. Upload to EAGL and notify ECOLOGY when upload is complete . 4.4 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation . Template Version 12/10/2020 AGENDA ITEM #5. f) Page 16 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton SCOPE OF WORK Task Number:5 Task Cost: $5,514,166.67 Task Title:Construction Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will complete construction of the project in accordance with ECOLOGY -accepted plans and specifications. The construction project will include installation of total suspended solids (TSS), dissolved copper, and dissolved zinc to mitigate runoff from approximately 245 acres of pollution-generating impervious surfaces. B.Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website . Task Goal Statement: Construction of the project in accordance with ECOLOGY-accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in total suspended solids (TSS), dissolved copper, and dissolved zinc. Deliverables Construction Number Description Due Date 5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 5.2 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 17 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton SCOPE OF WORK Task Number:6 Task Cost: $4,000.00 Task Title:Project Close Out Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will operate and maintain the constructed facility for the design life of the facility . The RECIPIENT will develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding to ECOLOGY for review. The O&M plan must address long-term activities to assure ongoing pollutant removal and flow-control capability of the project in accordance with the design manual. O&M plan development guidance is located in the Design Deliverables Document available on the ECOLOGY website . Allow 15 calendar days for ECOLOGY review . B.The RECIPIENT will calculate and submit a final equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in the Design Deliverables Document. C.The RECIPIENT will submit the final GIS compatible project area in shapefile , geodatabase file, or ECOLOGY-approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. D.The RECIPIENT will submit the Recipient Closeout Report (RCOR) in EAGL in accordance with Task 1. E.The RECIPIENT will submit the Two-page Outcome Summary Report using the ECOLOGY template in accordance to Task 1. Upload the Two-page Outcome Summary Report in the RCOR in EAGL. Task Goal Statement: The RECIPIENT will complete all close out submittals in a timely manner. Task Expected Outcome: * Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Two-page Outcome Summary Report. * Proper maintenance of the constructed facility to maintain water quality benefits. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 18 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton Deliverables Project Close Out Number Description Due Date 6.1 Facility Operation and Maintenance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 6.2 Final, as constructed, equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete . 6.3 Final, as constructed, project area shapefile, geodatabase file, or ECOLOGY-approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation . Template Version 12/10/2020 AGENDA ITEM #5. f) Page 19 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton BUDGET Funding Distribution EG220463 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Title: State SFAP - SFY22 100% Model Toxics Control Capital Account(MTCCA) Stormwater Type: Funding Source %: Description: Fund: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? No Approved State Indirect Rate: 0% 25% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: SFAP 07/01/2021 07/31/2025 Grant SFAP Task Total Grant and Loan Administration 5,000.00$ Cultural and Environmental Reviews, and Permitting 2,000.00$ Design Plans and Specifications 800,000.00$ Construction Management 72,000.00$ Construction 5,514,166.67$ Project Close Out 4,000.00$ 6,397,166.67$Total: Template Version 12/10/2020 AGENDA ITEM #5. f) Page 20 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%4,797,875.00 6,397,166.671,599,291.6725.00SFAP Total $$1,599,291.67 4,797,875.00 $6,397,166.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account . “Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Centennial Clean Water Program” means the state program funded from various state sources . “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred . “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge . “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT . “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. “Equivalency” means projects designated by ECOLOGY to meet additional federal requirements . “Expiration Date” means the latest date on which eligible costs may be incurred. “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through Template Version 12/10/2020 AGENDA ITEM #5. f) Page 21 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton such time as the loan is officially closed out and a final loan repayment schedule is issued . “Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower . “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. “Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan . “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan . “Loan Term” means the repayment period of the loan . “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes . “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents . “Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed . This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 22 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton “Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project . “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution . “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement . “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. “Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. “Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for ECOLOGY grant or loan funding. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY’s Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington ) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY , on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 23 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance . 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring . f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by Template Version 12/10/2020 AGENDA ITEM #5. f) Page 24 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website . D. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from ECOLOGY’s Financial Manager upon request . G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request . I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes , ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY : 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. (This form is used for Section 319 funds only) Template Version 12/10/2020 AGENDA ITEM #5. f) Page 25 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton 2. “Section 319 Initial Data Reporting” form in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA . B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .” B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act . C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/.. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall Template Version 12/10/2020 AGENDA ITEM #5. f) Page 26 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration , and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request . Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections . The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers, Template Version 12/10/2020 AGENDA ITEM #5. f) Page 27 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies.” Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences , meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective . This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY : 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT’s Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for SRF Equivalency projects only) 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan (Asset Management) Certification Form in EAGL (Only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form in EAGL (Required for all projects receiving SRF Loan funding) 8. State Environmental Review Process (SERP) Documentation (Required for facility projects only) A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or which would cause a violation of any covenant, condition, or provision herein. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 28 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States . Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY . This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision . C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website . F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility -project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured loans and general obligation payable from special-assessment-secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan Template Version 12/10/2020 AGENDA ITEM #5. f) Page 29 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over the term of this loan “Loan Term” as outlined in this agreement . J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants , agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT . 4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever . 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it . 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan . Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies , the payment shall be due on the next business day for Washington State agencies . Payments shall be mailed to: Department of Ecology Template Version 12/10/2020 AGENDA ITEM #5. f) Page 30 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager . No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement . 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge . The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office . K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations . Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in Template Version 12/10/2020 AGENDA ITEM #5. f) Page 31 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the “General Comments” text box of each progress report. “We verify that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of Ecology. This includes but is not limited to: - The Davis-Bacon Act, 29 CFR (If applicable) - Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33” P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment . Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the Template Version 12/10/2020 AGENDA ITEM #5. f) Page 32 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY-. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system . 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement . The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment Date”). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges . Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 33 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance, ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property . Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of ECOLOGY, become ECOLOGY property . The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined . T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user-charge system will include provisions for a connection charge . In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact Template Version 12/10/2020 AGENDA ITEM #5. f) Page 34 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton ECOLOGY for assistance in obtaining a copy of those regulations . 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form . ·Receives more than $25,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is required to report the FFATA information for federally funded agreements , including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1.Procure or obtain; 2.Extend or renew a contract to procure or obtain; or Template Version 12/10/2020 AGENDA ITEM #5. f) Page 35 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton 3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities ). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 36 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement , providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site . 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered , disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement . RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements . * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 37 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site . • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site . c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted . b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure . d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk . To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 38 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion . 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request . b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 39 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work . b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 40 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement : a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20. PROGRESS REPORTING Template Version 12/10/2020 AGENDA ITEM #5. f) Page 41 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines . RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment , property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 42 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement . d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to this end the provisions of this Agreement are declared to be severable . 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 AGENDA ITEM #5. f) Page 43 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no Template Version 12/10/2020 AGENDA ITEM #5. f) Page 44 of 44State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00047 Monroe Avenue NE Storm System Improvement Project City of Renton event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments . If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 AGENDA ITEM #5. f)   1  CITY OF RENTON, WASHINGTON  ORDINANCE NO.  AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING  SUBSECTIONS 4‐1‐220.B AND 4‐1‐220.D OF THE RENTON MUNICIPAL CODE, BY  EXTENDING TO THE RAINIER/GRADY JUNCTION TOD SUBAREA AND SOUTH LAKE  WASHINGTON SUBAREA THE MULTI‐FAMILY HOUSING PROPERTY TAX  EXEMPTION, ADOPTING THE ELIGIBLE AREAS FOR MULTI‐FAMILY HOUSING  INCENTIVES MAP, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY,  AND ESTABLISHING AN EFFECTIVE DATE.    WHEREAS, on December 22, 2003, the Renton City Council passed Ordinance No. 5061  (codified in RMC 4‐1‐220) establishing a limited property tax exemption to encourage multi‐ family housing development in designated residential targeted areas; and  WHEREAS, the provisions of RMC 4‐1‐220, Property Tax Exemption for Multi‐Family  Housing in Residential Targeted Areas, have been successful in encouraging increased residential  opportunities and in stimulating new construction of multi‐family housing in the City’s priority  community revitalization and redevelopment areas and encouraging more affordable multi‐  family housing in the City; and  WHEREAS, the City seeks to amend RMC 4‐1‐220 to extend, as modified, the property tax  exemption to additional residential targeted areas to encourage additional future multi‐family  housing projects; and  WHEREAS, this matter was duly referred to the Planning Commission for investigation  and study, and the matter was considered by the Planning Commission; and  WHEREAS, pursuant to RCW 36.70A.106, on January 7, 2022, the City notified the State  of Washington of its intent to adopt amendments to its development regulations and requested  expedited review; and  AGENDA ITEM # 7. a) 2  ORDINANCE NO. ________    WHEREAS, the Planning Commission held a public hearing on January 19, 2022,  considered all relevant matters, and heard all parties appearing in support or in opposition, and  subsequently forwarded a recommendation to the City Council;  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  ORDAIN AS FOLLOWS:  SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in  strikethrough and underline edits remain in effect and unchanged.  SECTION II. Subsections 4‐1‐220.B and 4‐1‐220.D of the Renton Municipal Code are  amended as shown below. All other provisions in 4‐1‐220 remain in effect and unchanged.  B. DEFINITIONS:  In construing the provisions of this Section, the following definitions shall be  applied:  1. “Administrator” means the Department of Community and Economic  Development Administrator, or any other City office, department, or agency that  shall succeed to its functions with respect to this Section.  2. “Affordable housing” means residential housing that is rented by a low‐ income household whose monthly housing costs, including rent and utilities other  than telephone, do not exceed thirty percent (30%) of the household’s monthly  income. For the purposes of housing intended for owner occupancy, “affordable  housing” means residential housing that is within the means of and purchased by  low‐ or moderate‐income households.  3. “Downtown” refers to a geographical area depicted in the Eligible Areas  for Multi‐Family Housing Incentives Map (“Map”), a copy of which shall be  AGENDA ITEM # 7. a) 3  ORDINANCE NO. ________    maintained kept in the Office of the City Clerk, and which was originally adopted as  Attachment A to Ordinance No. 5760. The boundaries of the Downtown Eligible Area  shown on the Map are hereby made part of this Section, which shall be read and  interpreted in light of the contents of the Map.  4. “Household” means a single person, family, or unrelated persons living  together.  5. “Low‐income household” means a single person, family, or unrelated  persons living together whose adjusted income is at or below sixty percent (60%) of  the median income, as further defined in subsection C.1.c.ii(a) of this Section.  6. “Median income” means the median family income adjusted for family size  for King County, as reported by the United States Department of Housing and Urban  Development (HUD). In the event that HUD no longer publishes median income  figures for King County, the City may use or determine such other method as it may  choose to determine the King County median income, adjusted for household size.  7. “Mixed‐use” means a multi‐family housing residential project with at least  one other nonresidential use in one or more multi‐family housing buildings in the  project, such as retail, office, entertainment, schools, conference centers, or a use  approved in writing by the Administrator. The purpose of the mixed‐use requirement  is to implement the intent of the land use district, maximize the efficient use of land,  support transit use, and encourage the development of well‐balanced, attractive,  convenient, and vibrant urban residential neighborhoods. The additional use  excludes any accessory functions related to the residential use. Unless otherwise  modified or waived in writing by the Administrator, the nonresidential mixed‐use  AGENDA ITEM # 7. a) 4  ORDINANCE NO. ________    shall occupy at a minimum the ground floor along the street frontage with a depth  of at least thirty feet (30') for any building in the project.  8. “Moderate‐income household” means a single person, family, or unrelated  persons living together whose adjusted income is at or below eighty percent (80%)  of the median income, as further defined in subsection C.1.c.ii(b) of this Section.  9. “Multi‐family housing” means one or more new buildings designed for  permanent residential occupancy, each with four (4) or more dwelling units.  10. “Permanent residential occupancy” means multi‐family housing that  provides either owner occupancy, or rental accommodation that is leased for a  period of at least one month but excluding transient rental accommodations that  predominantly offer accommodation on a daily or weekly basis, for example, hotels  and motels.  11. “Permanently affordable homeownership” means a dwelling unit that is  affordable housing as defined according to RCW 43.185A.010; including but not  limited to built by or sold to a qualified non‐profit organization; and subject to a  ninety‐nine (99)‐year ground lease or deed restriction, to be executed at initial sale  and each successive sale.   12. “Rainier/Grady Junction TOD Subarea” refers to a geographical area  depicted in the Eligible Areas for Multi‐Family Housing Incentives Map (“Map” ), as  it exists or may be amended, a copy of which shall be kept in the Office of the City  Clerk. The boundaries of the Rainier/Grady Junction TOD Subarea shown on the Map  are hereby made part of this Section, which shall be read and interpreted in light of  the contents of the Map.   AGENDA ITEM # 7. a) 5  ORDINANCE NO. ________    13. “South Lake Washington” refers to a geographical area depicted in the  Eligible Areas for Multi‐Family Housing Incentives Map (“Map”), as it exists or may  be amended, a copy which shall be kept in the Office of the City Clerk. The  boundaries of the South Lake Washington shown on the Map are hereby made part  of this Section, which shall be read and interpreted in light of the contents of the  Map.  14. “Sunset Area” refers to a geographical area depicted in the Eligible Areas  for Multi‐Family Housing Incentives Map (“Map”), as it exists or may be amended, a  copy of which shall be maintained kept in the Office of the City Clerk, and which was  originally adopted as Attachment A to Ordinance No. 5760. The boundaries of the  Sunset Eligible Area shown on the Map are hereby made part of this Section, which  shall be read and interpreted in light of the contents of the Map.   D. PROJECT ELIGIBILITY:  To qualify for exemption from property taxation under this Section, the project  shall satisfy all of the following requirements:  1. Location: The property shall be located in one of the designated  “residential target areas” listed below in subsection D.1.a or b of this Section which  are targeted for low‐ or moderate‐income housing serving households at or below  eighty percent (80%) of the median income. If a part of any legal lot is within a  residential target area, then the entire lot shall be deemed to lie within the  residential target area.  a. Sunset Area: In the Sunset Area and within the Center Village (CV),  Residential Multi‐Family (RMF), or the Residential‐14 (R‐14) Zone; or  AGENDA ITEM # 7. a) 6  ORDINANCE NO. ________    b. Downtown: In the Downtown and within the Center Downtown (CD)  Zone or Residential‐14 (R‐14) Zone.   c. Rainier/Grady Junction TOD  Subarea: In the Rainier/Grady Junction  TOD Subarea and within the Commercial Arterial (CA) or Commercial Office (CO)  Zone.  d. South Lake Washington: In the South Lake Washington and within the  Urban Center‐1 (UC‐1), or the Urban Center‐2 (UC‐2) Zone.  2. Size and Structure:  a. If the project is located in the Downtown and within the Residential‐14  (R‐14) Zone, or in the Sunset Area and within either the Residential Multi‐Family  (RMF) Zone or the Residential‐14 (R‐14) Zone, the project shall (i) consist of a  minimum total of ten (10) new dwelling units of multi‐family housing, and (ii) be  located within a new residential structure(s) or a new mixed‐use development as  allowed by the RMC for the specific zone. At least fifty percent (50%) of the space  within the project shall be intended for permanent residential occupancy.  b. If the project is located in the Downtown and within the Center  Downtown (CD) Zone, or in the Sunset Area and within the Center Village (CV) Zone,  the following applies:  i. If the project is located in the Downtown and within the Center  Downtown (CD) Zone, the project shall (a) consist of a minimum total of thirty (30)  new dwelling units of multi‐family housing and (b) be a new structure(s) and (c) be a  mixed‐use development, unless the Administrator waives one or more of these  requirements. If the Administrator waives the mixed‐use development requirement,  AGENDA ITEM # 7. a) 7  ORDINANCE NO. ________    the multi‐family housing shall be located in a new residential structure(s). At least  fifty percent (50%) of the space within the project shall be intended for permanent  residential occupancy.  ii. If the project is located in the Sunset Area and within the Center  Village (CV) Zone, the project shall (a) consist of a minimum total of thirty (30) new  dwelling units of multi‐family housing and (b) be located in a new structure(s) and  (c) be a mixed‐use development, unless the Administrator waives the minimum  number of new units requirement or the mixed‐use development requirement. The  Administrator cannot waive the new structure(s) requirement. If the Administrator  waives the mixed‐use development requirement, the multi‐family housing shall be  located in a new residential structure(s). At least fifty percent (50%) of the space  within the project shall be intended for permanent residential occupancy.  iii. If one hundred percent (100%) of the housing units in a  homeownership project are affordable housing, the project shall (a) consist of a  minimum of ten (10) new dwelling units of multi‐family housing and (b) be located  within a new residential structure(s) or a new mixed‐use development as allowed by  the RMC for the specific zone. At least fifty percent (50%) of the space within the  project shall be intended for permanent residential occupancy. The project shall  designate and sell at least fifty percent (50%) of total housing units as affordable for  households at or below eighty percent (80%) of median income, and designate and  sell any remaining housing units as affordable for households at or below one  hundred twenty percent (120%) of median income. In addition, the housing units  affordable for households at or below eighty percent (80%) of median income shall  AGENDA ITEM # 7. a) 8  ORDINANCE NO. ________    remain affordable in perpetuity through a community land trust or other similar  model acceptable to the City.  iv. Market‐rate townhome projects are not eligible for the exemption.   c. If the project is located in the Rainier/Grady Junction TOD Subarea and  within the Commercial Arterial (CA), Commercial Office (CO) Zone, or in the South  Lake Washington and within the Urban Center‐1 (UC‐1), or the Urban Center‐2 (UC‐ 2) Zone, the following applies:  i. If the project is located in the Rainier/Grady Junction TOD Subarea  or South Lake Washington and within the Commercial Arterial (CA), Commercial  Office (CO), Urban Center‐1 (UC‐1), or the Urban Center‐2 (UC‐2) Zone, the project  shall (a) consist of a minimum total of one hundred (100) new dwelling units of multi‐ family housing, subject to subsection  D.2.c.ii of this Section, and (b) be a new  structure(s) and (c) be a mixed‐use development, unless the Administrator waives  one or more of these requirements. If the Administrator waives the mixed‐use  development requirement, the multi‐family housing shall be located in a new  residential structure(s). At least fifty percent (50%) of the space within the project  shall be intended for permanent residential occupancy.  ii. If one hundred percent (100%) of the housing units in a  homeownership project are affordable housing, the project shall (a) consist of a  minimum of ten (10) new dwelling units of multi‐family housing and (b) be located  within a new residential structure(s) or a new mixed‐use development as allowed by  the RMC for the specific zone. At least fifty percent (50%) of the space within the  project shall be intended for permanent residential occupancy. The project shall  AGENDA ITEM # 7. a) 9  ORDINANCE NO. ________    designate and sell at least fifty percent (50%) of total housing units as affordable for  households at or below eighty percent (80%) of median income, and designate and  sell any remaining housing units as affordable for households at or below one  hundred twenty percent (120%) of median income. In addition, the housing units  affordable for households at or below eighty percent (80%) of median income shall  remain affordable in perpetuity through a community land trust or other similar  model acceptable to the City.   iii. Market‐rate townhome   projects   are   not   eligible   for   the  exemption.  3. Compliance Monitoring: Any applicant/owner with affordable housing  units in the project shall demonstrate experience and/or ability to provide affordable  housing and provide a third‐party entity to document compliance with the  affordable housing requirements for the annual reports further defined in  subsection K of this Section.  4. Exception for Existing Residential Structure: In the case of an existing  occupied residential structure that is proposed for demolition and redevelopment as  new multi‐family housing, the project shall provide as a minimum number of  dwelling units in the new multi‐family housing project, the greater of:  a. Replace the existing number of dwelling units and, unless the existing  residential rental structure was vacant for twelve (12) months or more prior to  demolition, provide for a minimum of four (4) additional dwelling units in the new  multi‐family housing project; or  AGENDA ITEM # 7. a) 10  ORDINANCE NO. ________    b. Provide the number of dwelling units otherwise required in subsection  D.2 of this Section.  5. Completion Deadline: The project shall be completed within three (3)  years from the date of approval of the contract by the City Council as provided in  subsection F.2 of this Section or by any extended deadline granted by the  Administrator as provided in subsection I of this Section.   SECTION III. The amended Eligible Areas for Multi‐Family Housing Incentives Map  (“Map”), as shown on Attachment A, is adopted by reference as if fully set forth herein. A copy of  Map shall be kept in the City Clerk’s office.  SECTION IV. Upon approval of the City Attorney, the City Clerk is authorized to direct the  codifier to make necessary corrections to this ordinance, including the corrections of scriveners or  clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or  ordinance numbering and section/subsection numbering and references.  SECTION V. If any section, subsection, sentence, clause, phrase or work of this  ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such  invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section,  subsection, sentence, clause, phrase, or word of this ordinance.  SECTION VI.   This ordinance shall be in full force and effect five (5) days after publication of  a summary of this ordinance in the City’s official newspaper. The summary shall consist of this  ordinance’s title.  AGENDA ITEM # 7. a) 11  ORDINANCE NO. ________    PASSED BY THE CITY COUNCIL this day of , 2022.          ______________________________  Jason A. Seth, City Clerk     APPROVED BY THE MAYOR this day of , 2022.        ______________________________  Armondo Pavone, Mayor    Approved as to form:        Shane Moloney, City Attorney    Date of Publication:  ORD‐EHHS:2203:2/2/2022     AGENDA ITEM # 7. a) 12  ORDINANCE NO. ________              ATTACHMENT A  ELIGIBLE AREAS FOR MULTI‐FAMILY   HOUSING INCENTIVES MAP  AGENDA ITEM # 7. a) Edmonds Ave NEMain Ave SN 3rd St NE 12th St S Puget Dr S 7th St S 2nd St SWLan gstonRd Ho u se rW aySNE 16th S t N 4th St WilliamsAveNWilliams Ave SWellsAveSSunsetBlvdNETaylo r P l NWWells Ave NNE 3rd StHouserWayBypass Monroe Ave NES 21st St NE7th St Taylor Ave NWLind Ave SWNE 2nd St NE10th St N 6th St ShattuckAveSLogan AveNRainierAveSBronso n W a y N S 4th S t S 3rd St Park Ave NAberdeenAveNES G rad y Wa yHardieAveSW BensonRdSPuget Dr SEN 8th St NE 4th St NE Park D r Burnett AveSSW Suns et Blv d Airport WayR e nto n AveS LoganAveSS 4th Pl N 10th S t Garden Ave NN1 0 th P l LoganA ve N S 3 rd P lRainierAveN SunsetBlvdNMonroeAveNES L a n g s t o n R d GardenAveNHouser Way NLakeWashing t onBl vdNM a ple V alley H wy Talbot Rd SSW 7th St SW 16th St Oakesdale Ave SW¥405 ¥405 ¥405 ¥UV169 Sunset Downtown Eligible Areas for Multi-Family Tax Exemption Incentives 0 750 1,500 Feet° MFTE Eligible Areas Downtown South Lake Washington Sunset Rainier/Grady Junction TOD Subarea Parks & Open Space City limits Rainier/Grady Junction TOD Subarea South Lake Washington AGENDA ITEM # 7. a)