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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, March 14, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely through Zoom. Audience comments will be accommodated through Zoom. Speakers must click the link to the registration form (linked below), fill it out, and submit it by 5 p.m. on the day of the Council meeting. The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. Registration is not required for those who wish to speak during public hearings. Registration for Audience Comment Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form • You may also copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • Instructions for Virtual Attendance For those wishing to attend by Zoom, please (1) click this link: https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253- 215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Those providing audience comments will be limited to 5 minutes each speaker unless an exception is granted by the Council. Attendees will be muted and not audible to the Council except during times they are designated to speak. Advance instructions for how to address the Council will be provided to those who sign up in advance to speak and again during the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. ADMINISTRATIVE REPORT a) Administrative Report 4. AUDIENCE COMMENTS NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 5. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of February 28, 2022. Council Concur b) AB - 3082 Community & Economic Development Department requests authorization to prepare an ordinance amending membership requirements to allow up to two members who own businesses within Renton city limits. Council Concur c) AB - 3086 Community & Economic Development Department submits the 2022 Title IV Docket #17 work program for review. Following this review the Planning Commission will present code revision recommendations to Council. Refer to Planning Commission and Planning & Development Committee d) AB - 3070 Human Resources / Risk Management Department recommends approval of an ordinance revising Renton Municipal Code (RMC) 2-4-4 which removes the requirement from the Renton Municipal Code for a Civil Service Commissioner to be an elector of the county where they reside; allows a commissioner to be a lawful permanent resident or citizen; and reduces the requirement to be a Renton resident from three years to one year prior to appointment. Refer to Public Safety Committee e) AB - 3088 Parks & Recreation Department recommends approval of an agreement with the Washington Association of Cities, in order to accept $129, 472 in grant funds to be utilized for evidence-based outdoor, summer enrichment programs for youth ages 4-21. Refer to Finance Committee f) AB - 3085 Parks & Recreation Department - PPNR submits CAG-19-243, contract with Terra Dynamics, Inc., and requests approval to accept the Sunset Neighborhood Park Phase 2 project, and release the retainage bond after 60 days once all required releases from the State have been received. Council Concur g) AB - 3073 Police Department recommends approval of the High Intensity Drug Trafficking Areas (HIDTA) agreement and an Asset Forfeiture Sharing Memorandum of Understanding (MOU) with the US Department of Justice, Drug Enforcement Administration (DEA), which provides one (1) commissioned police officer to work full time as a member of the Seattle Enforcement Group D-22 Task Force (VNET). Refer to Public Safety Committee h) AB - 3087 Public Works Utility Systems Division recommends approval of the Water Quality Grant Agreement WQC-2022-Renton-00100, with the Department of Ecology, to accept $202,125 in grant funds for the Stormwater Management Action Planning project. Refer to Finance Committee i) AB - 3091 Public Works Utility Systems Division recommends approval of an agreement with Carollo Engineers, Inc., in the amount of $443,709, for engineering services for the 2022 Sanitary Sewer Replacement project. Refer to Utilities Committee 6. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Community Services Committee: Appointment to Renton Municipal Arts Commission - Janna Kushneryk, Appointments to the Equity Commission b) Finance Committee: Vouchers, Water Quality Grant Agreement with the Department of Ecology for the Monroe Avenue NE Storm System Improvement Project c) Planning & Development Committee: Appointment to Planning Commission-Jeffrey Kelly d) Transportation Committee: Compensation and Final Approval of Chelan Ave NE Street Vacation Petition* 7. LEGISLATION Resolution: a) Resolution No. 4463: Ratification of Mayor's Emergency Proclamation Ordinance for first reading and advancement to second reading: b) Ordinance No. 6058: Chelan Ave Street Vacation (See item 6.d) 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 p.m. - MEETING REMOTELY Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Mayor’s Office Memorandum DATE: March 14, 2022 TO: Ryan McIrvin, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • On March 3, Mayor Pavone issued an emergency proclamation, allowing emergency work on a bank stabilization project near 3500 Jones Ave NE. The work was in response to the February 28 through March 3 storm event. Bank erosion along the right bank of May Creek, which would have likely led to a partial collapse of Jones Ave NE, was observed early morning on March 3 by city crews. Surface Water Utility Division coordinated with Washington Department of Fish and Wildlife (DFW) for permitting and other regulations required for the repair work. DFW staff and city staff from Transportation and Surface Water will meet on March 17 to determine the mitigation requirements for the emergency work. • The Emergency Feeding Program/SOS will be hosting pop-up lunch events at the Sunset Neighborhood Park; 2680 Sunset Lane NE, from 12:30-2 p.m. on March 15, 22, and 29. Unsheltered and those residents with food insecurities will receive free ready-to-eat food and drinks from Amazon Fresh. Personal hygiene kits, cleaning supplies, and socks will also be available. • Come visit Renton History Museum’s newest exhibit With This Ring. Using objects and photos from the Museum’s collection, With This Ring takes a historical look at marriage in Renton, from finding a partner to weddings to working partnerships to same-sex unions. The exhibit is the product of many years of research into Renton’s varied unions and their remarkable stories. On exhibit from March 2, 2022 through October 19, 2022. • Renton Urban Forestry, Renton GIS and Renton Museum announce a story map project called the Historical Tree Tour of Downtown Renton. The looped stroll of the streets in downtown Renton encompasses 14 sites, where you can start at City Hall or any point on the route. Existing significant trees in the immediate neighborhood are identified along the way. At each location information will populate in the story map on any mobile device. At each location, information will populate in the story map on any mobile device. You’ll learn about trees and historical people, places and activities plus view historical photos. AGENDA ITEM #3. a) Ryan McIrvin, Council President Members of Renton City Council Page 2 of 2 March 14, 2022 • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  Monday, March 14 through Friday, March 18, 8:30 am to 3:00 pm. Single intermittent lane closures on Lind Avenue SW at NE 27th Street due to small cell installation. Questions may be directed to Joel McCann, 425-757-9595.  Monday, March 14 through Friday, March 18, 8:30 am to 3:00 pm. Single intermittent lane closures on Park Avenue South between N 10th Street and N 8th Street due to small cell installation. Questions may be directed to Joel McCann, 425-757-9595.  Windsor Hills Utility Improvements Project. Beginning March 2022, BHC Consultants will perform the design work for the water system and storm system improvements in the Windsor Hill neighborhood. Survey work will be done on weekdays from 8 a.m. to 4 p.m. and will take several weeks to complete.  Downtown Utility Improvement Project. . Installation of wastewater and storm drain improvements are complete. Final testing and activation of the water system work continues this week. Weather permitting, paving of disturbed areas may start as early as March 28 and extend into April. Expect lane closures and detours as the paving operation moves around the downtown core. Additional information can be found at rentonwa.gov/duip.  Duvall Avenue Northeast Project: Continuous right lane closure on Northbound Duvall Avenue NE between NE 7th and NE 10th Street through estimated project completion in February 2023.  On-going Street Closure through October 4, 2023 (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support the Solera Development Project (LUA20- 000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #3. a) February 28, 2022 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, February 28, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM. ROLL CALL Councilmembers Present: Ryan McIrvin, Council President James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ed Prince, Council Position No. 5 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 (All councilmembers attended remotely) Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Alex Tuttle, Senior Assistant City Attorney Jason Seth, City Clerk Judith Subia, Council Liaison Kristi Rowland, Deputy Chief Administrative Officer Preeti Shridhar, Equity, Housing, and Human Services Administrator Chip Vincent, Community & Economic Development Administrator Martin Pastucha, Public Works Administrator Kari Roller, Finance Department Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Kelly Beymer, Parks & Recreation Department Administrator Cailín Hunsaker, Parks & Trails Director Kim Gilman, HR Labor Manager Ron Straka, Public Works Utility Systems Director AGENDA ITEM #5. a) February 28, 2022 REGULAR COUNCIL MEETING MINUTES Amanda Askren, Interim Economic Development Director Benita R. Horn, DEI Consultant Chief Jon Schuldt, Police Department Administrator Deputy Chief Jeff Hardin, Police Department Commander Chandler Swain, Police Department (All City staff attended remotely except City Clerk Seth) ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2022 and beyond. Items noted were: • City Hall is open for in-person services at our Finance and Police Counters, Monday through Wednesday, 9 a.m. to 3 p.m. Our Municipal Court counter is open Thursday and Friday, 8:30 a.m. to 4:30 p.m., while hearings are conducted via zoom. For more information, please visit our website. • Renton History Museum will open its newest exhibit, With This Ring, on Wednesday, March 2. Using objects and photos from the Museum’s collection, With This Ring takes a historical look at marriage in Renton, from finding a partner to weddings to working partnerships to same-sex unions. The exhibit is the product of many years of research into Renton’s varied unions and their remarkable stories. On exhibit from March 2, 2022 through October 19, 2022. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Winter Cashman, Renton, expressed appreciation for the removal of a proposed Planning Commission appointee, and expressed concern about some of the proposed appointees to the new Renton Equity Commission. • Ali Cohen, Renton, expressed appreciation for the new Renton Equity Commission, but had concerns about some of the proposed appointees, and that some applicants had not been selected for appointment. Mayor Pavone stated that the decision regarding whom to appoint to the new Renton Equity Commission was difficult, and residents who were not selected to be appointed could apply again when the first set of terms expire. He explained that the initial terms were intentionally staggered with three positions serving one-year terms, three positions serving two-year terms, and three positions serving three-year terms. • Joseph Todd, Renton, remarked that he had personally reviewed the list of candidates and in his opinion many of the proposed appointees are friends and family of Renton officials. He remarked that he was disappointed in the process because there should have been more appointees from marginalized communities, and their experiences should have been focused more on equity. • Krysta Strasbaugh, Renton, expressed appreciation for establishing the Renton Equity Commission, but was disappointed that some of the applicants were not selected for appointment. AGENDA ITEM #5. a) February 28, 2022 REGULAR COUNCIL MEETING MINUTES Mayor Pavone noted that he was not familiar with any of the residents he appointed, and asked Equity, Housing, and Human Services Administrator Preeti Shridhar, and Renton’s Diversity, Equity, and Inclusion consultant Benita Horn to clarify the appointment process. Ms. Shridhar explained that a press release and other notices were published on November 10, 2021 noting that the application period was open until November 30, 2021 at 5 p.m. She further explained that residents could apply online through the City’s website, or call the City to request an application that could be filled out and then mailed or hand-delivered to the City. She also explained the interview process, noting that everyone who applied was eligible to be interviewed, but only twenty- seven applicants agreed to be interviewed. Concluding, Ms. Shridhar noted that local residents from Renton’s many diverse communities served as panel members for the interviews, and that they had spent a significant amount of their time over the winter holidays assisting the City and Mayor with the important process. Ms. Horn added that the process was not prescribed by the Mayor, as she and staff met with several different community groups representing the City’s vibrant diversity in order to receive input from them on how to proceed with the appointment process. Ms. Horn emphasized that this information was used to establish the interview process, including selecting panel members and interview questions, which was used to form recommendations that were eventually forwarded to the Mayor. Responding to an inquiry from Councilmember Pérez, Ms. Shridhar explained that although staff did not visit encampments to encourage unsheltered individuals to submit applications for the commission, but noted that one applicant had shared their lived experiences as a former unsheltered individual. • Sanjeev Yonzon, Renton, expressed appreciation for the Renton Police Department’s use of body worn cameras, but noted that $600,000 for small business grants/loans was not enough to help all of the small businesses in Renton. Mayor Pavone noted that staff will follow-up with Mr. Yonzon on any other outstanding issues. • Cathleen Powell, Renton, expressed appreciation that a Retail Pet Sales ordinance was making its way to Council for adoption soon. She urged Council to support the ordinance. • Diane Dobson, Renton, indicated that she had emailed her comments to Council. • Gina Cari, Renton, expressed support for the Retail Pet Sales ordinance making its way to Council for adoption, and urged Council to support the ordinance. She also noted that part one of a two-part program regarding the retail pet store, Puppyland, would be airing on a local news channel later tonight. Ms. Cari urged everyone to watch the program. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of February 14, 2022. Council Concur. AGENDA ITEM #5. a) February 28, 2022 REGULAR COUNCIL MEETING MINUTES b) AB - 3075 City Clerk submitted the appraisal for the Chelan Ave NE street vacation petition (File No. VAC-21-001, Petitioner: Renton School District); and submitted the staff recommendation to set the compensation for the street vacation at zero dollars ($0.00) based on the overall project layout, building layout, and utility easements. Refer to Transportation (Aviation) Committee. c) AB - 3081 Mayor Pavone appointed Mr. Jeffrey Kelly to the Planning Commission for an unexpired term expiring on June 30, 2022. Refer to Planning & Development Committee. d) AB - 3074 Mayor Pavone appoints the following individuals to the Renton Equity Commission: Cassandra Baddeley, Ashok Padhi, and Aleja Rubalcaba for terms expiring on 12/31/2022; Lisa Davis, Celina Kershner, and Rueben Turk for terms expiring on 12/31/2023; and Nicole Hill, Manami Imaoka, and Morgan Kroeger for terms expiring on 12/31/2024. Refer to Community Services Committee. e) AB - 3076 Public Works Utility Systems Division submitted CAG-18-155, contract with Applied Ecology, LLC, and requested approval of the project and authorization to release retainage after 60 days, once all required releases from the State have been obtained. Council Concur. f) AB - 3077 Public Works Utility Systems Division recommended approval of the Water Quality Grant Agreement WQSWPC-2022-Renton-00047, with the Department of Ecology, in order to receive $4,797,875 for the Monroe Ave NE Storm System Improvement project. Refer to Finance Committee. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Transportation Committee Chair Vǎn presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute Amendment 7-22 to LAG-13-005 with The Landing Gear Works. Such authorization will have an initial increased annual economic impact of $38,309.69 and would benefit the City and TLGW respectively by bringing current the land rental rate and re-establishing TLGW the opportunity to continue their growth and provide services to the public. MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $4,841,897.65 for vouchers, 10421, 10423, 10425-10427, 398067-398347; payroll benefit withholding vouchers 6767-6779, 398059-398066, and no wire transfers. 2. Payroll – total payment of $1,580,451.43 for payroll vouchers that include 607 direct deposits and 14 checks. (1/16/22-1/31/22 pay period). 3. Kidder Mathews vouchers 1081-1100 totaling $51,527.67. 4. Municipal Court vouchers 017975-017989 totaling $13,880. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #5. a) February 28, 2022 REGULAR COUNCIL MEETING MINUTES c) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the Fuel Tax Grant Agreement in the amount of $5,000,000 with the Washington State Transportation Improvement Board and all subsequent agreements necessary to accomplish the Rainier Avenue South Corridor Improvements - Phase 4 project. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Ordinance for second and final reading: a) Ordinance No. 6056: An ordinance was read amending Subsections 4-1-220.B and 4-1-220.D of the Renton Municipal Code, by extending to the Rainier/Grady Junction TOD Subarea and South Lake Washington Subarea the Multi-Family Housing Property Tax Exemption, adopting the eligible areas for Multi-Family Housing Incentives Map, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:58 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 28 Feb 2022 AGENDA ITEM #5. a) Council Committee Meeting Calendar February 28, 2022 March 1, 2022 Tuesday 3:30 PM Utilities Committee, Chair Alberson – VIDEOCONFERENCE 1. Emerging Issues in Utilities • Public Works Sustainability Reorganization • Downtown Utilities Improvements Project Update CANCELED Community Services Committee, Chair Rivera 5:00 PM Transportation Committee, Chair Văn – VIDEOCONFERENCE 1. Compensation and Final Approval of Chelan Ave NE Street Vacation Petition March 7, 2022 Monday CANCELED Committee of the Whole, Chair McIrvin CANCELED Council Meeting March 10, 2022 Thursday 11:00 AM Community Services Committee, Chair Rivera – VIDEOCONFERENCE 1. Appointment to Renton Municipal Arts Commission - Janna Kushneryk 2. Appointments to Equity Commission March 14, 2022 Monday 4:00 PM Finance Committee, Chair O’Halloran – VIDEOCONFERENCE 1. Water Quality Grant Agreement with the Department of Ecology for the Monroe Avenue NE Storm System Improvement Project 2. Vouchers 3. Emerging Issues in Finance 5:00 PM Planning & Development Committee, Chair Prince – VIDEOCONFERENCE 1. Appointment to Planning Commission-Jeffrey Kelly 2. Emerging Issues in CED 6:00 PM * Committee of the Whole, Chair McIrvin – VIDEOCONFERENCE 1. Renton Municipal Arts Commission Update * 7:00 PM Council Meeting – VIDEOCONFERENCE * revised 03/09/22 AGENDA ITEM #5. a) AB - 3082 City Council Regular Meeting - 14 Mar 2022 SUBJECT/TITLE: Planning Commission Membership RECOMMENDED ACTION: Council Concur DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Angie Mathias, Long Range Planning Manager EXT.: 6576 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: A number of years ago the number of the members of the Planning Commission was increased from seven to nine. This has helped to accomplish several things. First, having enough members at a meeting to establish quorum has improved. It has also been easier t o schedule additional meetings when they have been occasionally needed. Both of these have helped keep Title IV docket work program, other code amendments, and plan adoptions moving through the process efficiently and consistently. Second, the addition of two more members has helped provide opportunity to foster increased diversity of membership. Staff have been deliberate in efforts to increase diverse racial backgrounds, ages, and occupations of members, the increase to nine members advanced those effort s more quickly. Historically, members have been required to be residents of the City of Renton. The insights and perspectives owners of businesses in the City on development regulations and planning documents of the City could be valuable. Chapter 10 of Title II, 2-10-5 members should be amended to allow two members of the Planning Commission to be owners of businesses within Renton city limits. EXHIBITS: A. Issue Paper B. Amendment Draft Language STAFF RECOMMENDATION: Staff recommends approval to prepare an ordinance amending the Planning Commission membership requirements to allow up to two members who are owners of a business in the City of Renton and advance it for adoption when the ordinance is complete. AGENDA ITEM #5. b) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:March 14, 2022 TO:Ryan McIrvin, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Lynne Hiemer, Administrative Secretary (x7263) STAFF CONTACT:Angie Mathias, Long Range Planning Manager (x6576) SUBJECT:Planning Commission Membership ISSUE: Planning Commission membership eligibility. RECOMMENDATION: Approve the preparation of an ordinance amending Planning Commission membership eligibility to allow up to two members who are owners of a business in the City of Renton and advance it for adoption when the ordinance is complete. BACKGROUND SUMMARY: A number of years ago the number of the members of the Planning Commission was increased from seven to nine. This has helped to accomplish several things. First, having enough members at a meeting to establish quorum has improved. It has also been easier to schedule additional meetings when they have been occasionally needed. Both of these have helped keep Title IV docket work program, other code amendments, and plan adoptions moving through the process efficiently and consistently. Second, the addition of two more members has helped provide opportunity to foster increased diversity of membership. Staff have been deliberate in efforts to increase diverse racial backgrounds, ages, and occupations of members, the increase to nine members advanced those efforts more quickly. Historically, members have been required to be residents of the City of Renton. The insights and perspectives owners of businesses in the City on development regulations and planning documents of the City could be valuable. In Chapter 10 of Title II, 2-10-5 of the Renton Municipal code, membership requirement should be amended to allow two members of the Planning Commission to be owners of businesses within Renton city limits. AGENDA ITEM #5. b) CHAPTER 10 PLANNING COMMISSION 2-10-5 MEMBERS: A. All Planning Commission members shall be residents or owners of a business ofin the City of Renton. The number of Commission members that are owners of a business in the City is limited to no more than two members. AGENDA ITEM #5. b) AB - 3086 City Council Regular Meeting - 14 Mar 2022 SUBJECT/TITLE: 2022 Title IV Docket #17 RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Angie Mathias, Long Range Planning Manager EXT.: 6576 FISCAL IMPACT SUMMARY: n/a SUMMARY OF ACTION: Should the 2022 Title IV Docket #17 work program be referred to the Planning & Development Committee and the Planning Commission for consideration and potential adoption? BACKGROUND SUMMARY: RMC 4-8-070G outlines the types of review the Planning Commission shall conduct. The review of the Development Regulations (Title IV Docket) process is specifically listed. Land Use Regulations review occurs upon Council request. The Planning Commission will make recommendations regarding the Land Use Regulations to the Council. Final recommendation of the Title IV Docket is the authority of the Council. Title IV Development Regulations This process is codified in RMC 4-9-025, Title IV Development Regulation Revision Process. Staff has compiled a series of amendments to Title IV of the Renton Municipal Code (Development Regulations) that initiates several regulatory initiatives that respond to important issues facing the City. The proposed list of amendments includes City initiated amendments as shown in the Tab le below. See attached Issue Paper for proposed schedule for review of the Title IV Docket #17 Amendments for Planning Commission to occur through December 2022. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Refer the additional items for the 2022 Title IV Docket #17 to the Planning and Development Committee and Planning Commission for review. Following this review, the Planning Commission will present code revision recommendations to Council. AGENDA ITEM #5. c) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: February 28, 2022 TO: Ryan McIrvin, Council President Members of Renton City Council VIA: Armondo Pavone, Mayor FROM: Chip Vincent, CED Administrator (x6588) STAFF CONTACT: Angie Mathias, Long Range Planning Manager (x6576) SUBJECT: 2022 Title IV Docket #17 ISSUE: Should the 2022 Title IV Docket #17 work program be referred to the Planning & Development Committee and the Planning Commission for consideration and potential adoption? RECOMMENDATION: Refer the additional items for the 2022 Title IV Docket #17 to the Planning and Development Committee and Planning Commission for review. Following this review, the Planning Commission will present code revision recommendations to Council. BACKGROUND SUMMARY: RMC 4-8-070G outlines the types of review the Planning Commission shall conduct. The review of the Development Regulations (Title IV Docket) process is specifically listed. Land Use Regulations review occurs upon Council request. The Planning Commission will make recommendations regarding the Land Use Regulations to the Council. Final recommendation of the Title IV Docket is the authority of the Council. Title IV Development Regulations This process is codified in RMC 4-9-025, Title IV Development Regulation Revision Process. Staff has compiled a series of amendments to Title IV of the Renton Municipal Code (Development Regulations) that initiates several regulatory initiatives that respond to important issues facing the City. The proposed list of amendments includes City initiated amendments as shown in the Table below. CONCLUSION: The proposed schedule for review of the Title IV Docket #17 Amendments is for the Planning Commission review to occur through December 2022. AGENDA ITEM #5. c) 2022 TITLE IV DOCKET #17 City Initiated Amendments Solar System Exemption Add language to the Construction Administrative Code, RMC 4-5-060 to exempt certain single family residential solar systems from building permits. Bellevue has adopted code language that can be replicated. Flood Regulations Update Flood regulations to be consistent with minimum standards to maintain the City's Community Rating System Class of 9 or higher. Early Learning Facility Impact Fees Enabling legislation needed for HB 1331. A local government may exempt an early learning facility from up to 80 percent of impact fees without being required to pay the exempted portion of the fee from public funds other than the impact fee account. A local government may exempt an early learning facility from all impact fees without a requirement for the local government to pay the fee from public funds other than the impact fee account if the local government requires the developer to record a covenant. Special Fence Permit Limit the scope of special fence permits to residential lots with front and secondary front yards (i.e. corner and through lots). Update the special fence permit criteria to ensure fences exceeding the maximum height are consistent in scale and appearance with the surrounding area. Also, consider regulating security gates to residential communities and individual lots. Commercial Parking Standards for Mixed Use Buildings Develop a specific Parking Standard for commercial space located in mixed-use vertical development. Home Occupation Better define what is allowed and not allowed as a home occupation and the standards that would apply to those uses. Condominium Recording Documents Require the applicant to submit condominium recordings documents to staff for review prior to condominium recording. Amendments to CD Zone Development Standards Address density transfers, residential unit sizes, mixed-income housing, parking ratios (income-restricted units vs. unrestricted units), height rules and other issues that may be identified. Update Submittal Standards for Short Plats and Modifications * Update to add these items to Title IV Land Use Application submittal requirements table under modifications: utilities plan, floor plans, geotechnical report, wetland assessment, standard stream or lake study, flood hazard area and architectural elevations. *Add Conceptual Landscape Plan to the Short Plat. Personal Deliver Devices (PDD) Review HB 1325 to determine if and when Autonomous Personal Deliver Devices should be permitted to be operated within the City's Right-of-way and in what zones dispensaries should be allowed. Land Use Permit Submittal Requirements Amended regulations to provide clarity that a complete application requires a general compliance with the standards of Renton municipal code. Phasing Duration for Master Plans Add a maximum length of permit approval when phasing is proposed through a master plan process. Applicability of MFTE to Market-Rate Townhomes Code states that market-rate townhomes are not eligible (4-1-220.2.b.iv). Previously, Legal/City Attorney's Office expressed concern that townhomes may be eligible if part of a larger project (e.g. Solera), which was not AGENDA ITEM #5. c) the intent. EHHS would like to clarify that townhomes are ineligible both as a standalone project and as part of a larger project. Smoking Clubs or Lounges Review the zoning use table and determine which zones this use should be permitted or not permitted. Amend Term ""Single Family Zoning” Amend the term single family zoning in our code and comp plan to just residential zoning. Residential Units in the CO Zone Develop a maximum number of residential units that can be permitted within the CO zone for land located within the proximity of each main transit location. Review regulations to ensure a proper balance of employment and residential development is achieved near these transit hubs. Parking Standards for Conversion of Affordable Affordable housing developments are allowed a reduced parking ratio as compared to market rate housing. Establish parking standards for when affordable housing is converted back to market rate housing. Industrial Zones & Warehousing/Distribution Centers Evaluate warehousing and distribution centers as a land use to identify appropriate requirements, mitigation, and other standards. Also, ensure the zoning is appropriate and that it will achieve the intended outcomes and further city interests. Conditions and/or Mitigation for Emergency and Permanent Supportive Housing Conduct a review and evaluation of what other communities around the region have adopted as measures to mitigate or other conditions in order to ensure Emergency housing and Permanent Supportive housing does not have disparate impacts on surrounding properties. Consider adopting or establishing such measures. Medical Institutions in Employment Area Valley Currently medical institutions are not allowed in the EAV area. A request has been made by a private party to consider allowing the use in the EAV or a portion of the EAV. Use of Term Affordable Housing in Code Review code for usages and definitions of affordable housing. Align and standardize language. Modification of Housing Types Consider allowing the modification of housing types for affordable housing through PUD. Plan/Policy Development Targeted Comp Plan Land Use Amendments and Rezones Consider some areas for rezones to a zone that will help facilitate the transition to new high density mixed use vertical development. Establish a Tax Increment Finance (TIF) Area Establish the TOD Subarea and part of Downtown as an area that is eligible to utilize the TIF economic development tool. Update Transportation Concurrency Citywide Trip Bank Update the City’s available Transportation Concurrency Citywide Trip Bank to reflect the available transportation vehicle capacity created by the City’s current 6-year Transportation Improvement Plan (TIP). AGENDA ITEM #5. c) AB - 3070 City Council Regular Meeting - 14 Mar 2022 SUBJECT/TITLE: Ordinance updating Section 2-4-4 of the RMC, to revise the rules governing civil service commission appointments RECOMMENDED ACTION: Refer to Public Safety Committee DEPARTMENT: Human Resources / Risk Management Department STAFF CONTACT: Ellen Bradley-Mak, Administrator EXT.: X7657 FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: This ordinance removes the requirement from the Renton Municipal Code for a Civil Service Commissioner to be an elector of the county where they reside; allows a commissioner to be a lawful permanent resident or citizen; and reduces the requirement to be a Renton resident from three years to one year prior to appointment. In 2018, Washington state added “lawful permanent resident” to RCW 41.12.070, Qualification of Applicants for Law Enforcement Agencies. Renton’s Civil Service regulations currently requ ire citizenship, without an option for "lawful permanent residence", for its Commissioners. This ordinance will align the qualification requirements of a commissioned Police Officer, with those of a Civil Service Commissioner. This change is lawful under RCW 41.12.010, which allows cities to develop their own civil service regulations as long as the regulations achieve the purpose of the RCW. This change also supports one of the pillars of the Renton Business Plan, which states “Build an inclusive informed city with equitable outcomes for all in support of social, economical, and racial justice” by establishing qualification requirements for a Civil Service Commissioner to be equal to (and not more restrictive) than those for a Police Officer. EXHIBITS: A. Ordinance STAFF RECOMMENDATION: Adopt ordinance updating RMC 2-4-4, to revise the rules governing the qualification requirements for new civil service commission members. AGENDA ITEM #5. d)   1  CITY OF RENTON, WASHINGTON    ORDINANCE NO. ________    AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION  2‐4‐4 OF THE RENTON MUNICIPAL CODE, UPDATING CIVIL SERVICE MEMBER  APPOINTMENT REQUIREMENTS, PROVIDING FOR SEVERABILITY, AND  ESTABLISHING AN EFFECTIVE DATE.     WHEREAS, RCW 41.12.010 authorizes cities to develop their own civil service regulations  so long as such regulations substantially achieve the purpose of Chapter 41.12 RCW; and  WHEREAS, RCW 41.12.070 authorizes non‐citizen permanent United States residents to  serve as law enforcement officers; and  WHEREAS, the City’s minimum qualifications for City residents to serve on the Civil  Service Commission should not be more restrictive with regard to citizenship than the minimum  qualifications for police officers;  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  ORDAIN AS FOLLOWS:  SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in  strikethrough and underline edits remain in effect and unchanged.  SECTION II. Section 2‐4‐4 of the Renton Municipal Code is amended as follows:  2‐4‐4 APPOINTMENT AND MEMBERS:  The Civil Service Commission shall consist of five (5) members, who shall be  appointed by the Mayor. No person shall be appointed a member of such  Commission unless that person is a lawful permanent resident or citizen of the  United States, and a resident of the City for at least three one (31) years  AGENDA ITEM #5. d) ORDINANCE NO. ________  2  immediately preceding such appointment, and is an elector of the county wherein  he or she resides.  SECTION III. If any section, subsection, sentence, clause, phrase or work of this  ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,  such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other  section, subsection, sentence, clause, phrase or word of this ordinance.  SECTION IV. This ordinance shall be in full force and effect thirty (30) days after  adoption.  No later than five (5) days prior to such effective date, a summary of this ordinance  consisting of its title shall be published in the City’s official newspaper.    PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.  Jason A. Seth, City Clerk  APPROVED BY THE MAYOR this _______ day of _____________________, 2022.  Armondo Pavone, Mayor  Approved as to form:  Shane Moloney, City Attorney  Date of Publication:   ORD‐HR:2189:3/1/22 AGENDA ITEM #5. d) AB - 3088 City Council Regular Meeting - 14 Mar 2022 SUBJECT/TITLE: Summer Experiences & Enrichment for Kids (SEEK) Funding RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Carrie Nass, Recreation Division Director EXT.: 6624 FISCAL IMPACT SUMMARY: $129,472 from the Association of Washington Cities, Summer Experiences & Enrichment for Kids (SEEK) grant will go towards expanding evidence-based, outdoor, summer enrichment programs/camps for youth in kindergarten thru 7th grade. SUMMARY OF ACTION: The Association of Washington Cities is working in collaboration with Washington Parks and Recreation Association and under the direction from Washington Office of Superintendent of Public Instruction to provide evidence-based, outdoor, summer enrichment programs to youth in K-12 (ages 4-21). Funds for this subcontract are intended to prevent, prepare for, or respond to the COVID -19 pandemic, including its impact on the social, emotional, mental health, and academic needs of students. The City of Renton's Recreation Division will use these grant funds to expand and enhance 2022 City of Renton summer camps, to be held throughout the city in park settings (Kennydale Park, Teasdale Park, Tiffany Park, among other sites). EXHIBITS: A. SEEK Funding Opportunity Subcontractor Funding Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a grant agreement for $129,472 with Washington Association of Cities and allocate grant funds to City of Renton Recreation Division. AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement Association of Washington Cities Service Subcontract (“Subcontract”) with City of Renton - Recreation Division through Summer Experiences & Enrichment for Kids Fund (SEEK Fund) A program of the Washington Office of Superintendent of Public Instruction (OSPI) For Jurisdiction Name City of Renton - Recreation Division Program Description 1. STREAM Team Summer Camp Start date: April 15, 2022 End date: November 15, 2022 AGENDA ITEM #5. e) FACE SHEET 1 Subcontract Number: 22-47 Association of Washington Cities (AWC) Summer Experiences & Enrichment for Kids (SEEK) Fund The Association of Washington Cities (AWC) is working in collaboration with and generally under the direction from OSPI to provide evidence-based, outdoor, summer enrichment programs to youth in K-12 (ages 4-21). Funds for this subcontract are intended to prevent, prepare for, or respond to the COVID-19 pandemic, including its impact on the social, emotional, mental health, and academic needs of students. 1. Subcontractor 2. Subcontractor Doing Business As (optional) 3. Subcontractor Representative 4. AWC Representative Jacob Ewing Legislative Policy Analyst (360) 753-4137 jacobe@awcnet.org 1076 Franklin Street SE Olympia, WA 98501 5. Subcontract Amount 6. Start Date 7. End Date 8. Tax ID # $129472 April 15, 2022 November 15, 2022 9. Subcontract Purpose Carry out summer activities under the OSPI SEEK program as described in Attachment A. AWC and the Subcontractor, as defined above, acknowledge and accept the terms of this Subcontract and attachments and have executed this Subcontract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Subcontract are governed by this Subcontrac t and the following other documents incorporated by reference: Subcontractor General Terms and Conditions including Attachment “A” – SEEK Application/Scope of Work; Attachment “B” – Project Costs Worksheet; Attachment “C” – Subcontractor Data Collection; Attachment (D) – Subcontractor Agent(s); Attachment E - Proclamation 21-14 COVID-19 Vaccination Certification. FOR SUBCONTRACTOR FOR Association of Washington Cities Date Date Last revision 11/23/2021 City of Renton - Recreation Division1055 S. Grady WayRenton, WA 98057 Carrie NassRecreation Division Directorcnass@rentonwa.gov 425-430-6624 91-6001271 N/A AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement 1. SUBCONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the Subcontract contact person for all communications and billings regarding the performance of this Subcontract. The Representative for AWC and their contact information are identified on the Face Sheet of this Subcontract. The Representative for the Subcontractor and their contact information are identified on the Face Sheet of this Subcontract. 2. PAYMENT AWC shall pay an amount not to exceed $129472 for the performance of all things necessary for or incidental to the performance of work as set forth in the SEEK Application and described in Attachment A. Subcontractor's compensation for services rendered shall be based on the completion of duties as outlined in the SEEK application, in Attachment A, in accordance with the following sections. 3. BILLING PROCEDURES AND PAYMENT AWC will reimburse Subcontractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for AWC not more often than monthly. Subcontractor will use the invoice form provided by AWC to request reimbursement. The invoices shall describe and document, to AWC's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Subcontract Number 22-47. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. If errors are found in the submitted invoice or supporting documents, AWC will notify the Subcontractor to make corrections in a timely manner, resubmit the invoice and/or supporting documentation as requested, and notify AWC. Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Subcontractor. AWC may, in its sole discretion, terminate the Subcontract or withhold payments claimed by the Subcontractor for services rendered if the Subcontractor fails to satisfactorily comply with any term or condition of this Subcontract. No payments in advance or in anticipation of services or supplies to be provided under this Subcontract shall be made by AWC. Duplication of Billed Costs The Subcontractor shall not bill AWC for services performed under this Subcontract, and AWC shall not pay the Subcontractor, if the Subcontractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. This does not include fees charged for summer recreation programs. Disallowed Costs The Subcontractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement Final Reimbursement and Reporting Deadline When the project is completed the Subcontractor must submit a final invoice, final report, and supporting documents needed to close out the project no later than October 1, 2022. AWC shall withhold 10 percent (10%) from each payment until acceptance by AWC of the final reporting from the Subcontractor has been submitted and verified. 4. SUBCONTRACTOR DATA COLLECTION/REPORTING REQUIREMENTS Subcontractor will submit reports, in a form and format to be provided by AWC (See Attachment C). Data must be provided to AWC along with final billing. 5. AGENT(S) Agent(s) in this contract refers to any third-party entity and its employees that the Subcontractor has subcontracted with to provide services funded through this agreement. The Subcontractor is responsible for ensuring that any agent complies with the provision herein. Any of the Subcontractor’s agent(s) that will provide director supervision of youth through programs funded by this contract must be listed in Attachment D – Subcontractor Agent(s) and must provide proof of insurance per Section 6 of this document. 6. INSURANCE a. Workers’ Compensation Coverage. The Subcontractor shall at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the fullest extent applicable. This requirement includes the purchase of industrial insurance coverage for the Subcontractor’s employees, as may now hereafter be required of an “employer” as defined in Title 51 RCW. Such workers’ compensation and occupational disease requirements shall include coverage for all employees of the Subcontractor, and for all employe es of any subcontract retained by the Subcontractor, suffering bodily injury (including death) by accident or disease, which arises out of or in connection with the performance of this Subcontract. Satisfaction of these requirements shall include, but shall not be limited to: i. Full participation in any required governmental occupational injury and/or disease insurance program, to the extent participation in such a program is mandatory in any jurisdiction; ii. Purchase workers’ compensation and occupational disease insurance benefits to employees in full compliance with all applicable laws, statutes, and regulations, but only to the extent such coverage is not provided under mandatory governmental program in “a” above, and/or; iii. Maintenance of a legally permitted and governmentally approved program of self-insurance for workers’ compensation and occupational disease. Except to the extent prohibited by law, the program of the Subcontractor’s compliance with workers’ compensation and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall provide for a full waiver of rights of subrogation against AWC, its directors, officers, and employees. AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement If the Subcontractor, or any agent retained by the Subcontractor, fails to effect and maint ain a program of compliance with applicable workers’ compensation and occupational disease laws, statutes, and regulations and AWC incurs fines or is required by law to provide benefits to such employees, to obtain coverage for such employees, the Contractor will indemnify AWC for such fines, payment of benefits to Subcontractor or Subcontractor employees or their heirs or legal representatives, and/or the cost of effecting coverage on behalf of such employees. Any amount owed AWC by the Subcontractor pursuant to the indemnity may be deducted from any payments owed by AWC to the Subcontractor for the performance of this Subcontract. b. Automobile Insurance. In the event that services delivered pursuant to this Subcontract involve the use of vehicles, owned or operated by the Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. c. Business Automobile Insurance. In the event that services performed under this Subcontract involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If Subcontractor-owned personal vehicles are used, a Business Automobile polic y covering a minimum Code 2 “owned autos only” must be secured. If the Subcontractor’s employees’ vehicles are used, the Subcontractor must also include under the Business Automobile policy Code 9, coverage for “non-owned autos.” The minimum limits for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. d. Public Liability Insurance (General Liability). The Subcontractor shall at all times during the term of this Subcontract, at its cost and expense, carry and maintain general public liability insurance, including contractual liability, against claims for bodily injury, personal injury, death, or property damage occurring or arising out of services provided under this Subcontract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Subcontractor or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased from time to time as deemed necessary by AWC, with the approval of the Subcontractor (which shall not be unreasonably withheld), shall not be less than as follows: Each Occurrence $1,000,000 Products-Completed Operations Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Fire Damage Limit (any one fire) $ 50,000 e. Local Governments that Participate in a Self-Insurance Program. Alternatively, Subcontractors may maintain a program of self-insurance or participate in aproperty/liability pool with adequate limits to comply with the Subcontract insurance requirements or as is customary to the contractor or subcontractor’s business, operations/industry, and the performance of its respective obligations under this Subcontract. AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement f. Additional Insured. The Office of Superintendent of Public Instruction, and the Association of Washington Cities, shall be specifically named as an additional insured on all policies, including Public Liability and Business Automobile, except for liability insurance on privately-owned vehicles, and all policies shall be primary to any other valid and collectible insurance. AWC and OSPI may waive the requirement to be specially named as an additional insured on policies, including Public Liability and Business Automobile, provided that the Subcontractor provides: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance Program, the Washington State Auditor’s reporting requirements and all related federal and state regulations. Subcontractors participating in a joint risk pool shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The AWC and OPSI, its agents, and employees need not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. g. Proof of Insurance. Certificates and or evidence satisfactory to the AWC confirming the existence, terms and conditions of all insurance required above shall be delivered to AWC within five (5) days of the Subcontractor’s receipt of Authorization to Proceed. h. General Insurance Requirements. Subcontractor shall, at all times during the term of the Subcontract and at its cost and expense, buy and maintain insurance of the types and amounts listed above. Failure to buy and maintain the required insurance may result in the termination of the Subcontract at AWC’s option. By requiring insurance herein, AWC does not represent that coverage and limits will be adequate to protect Subcontractor and such coverage and limits shall not limit Subcontractor’s liability under the indemnities and reimbursements granted to AWC in this Subcontract. Subcontractor shall include all agents of the Subcontractor as insureds under all required insurance policies, or shall furnish proof of insurance and endorsements for each agent. Agent(s) must comply fully with all insurance requirements stated herein. Failure of agent(s) to comply with insurance requirements does not limit Subcontractor’s liability or responsibility. 7. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Subcontract and Subcontractor General Terms and Conditions • Attachment A – SEEK Application & Scope of Work • Attachment B – Budget and Project Costs Worksheet • Attachment C – Subcontractor Reporting Requirements • Attachment D – Subcontractor Agent(s) • Attachment E - Proclamation 21-14 COVID-19 Vaccination Certification AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement SUBCONTRACTOR GENERAL TERMS AND CONDITIONS 1. Access to Data. In compliance with Chapter 39.26 RCW, the Subcontractor shall provide access to data generated under this Subcontract to AWC, and to the extent necessary to comply with RCW 39.26, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Subcontractor’s reports, including computer models and methodology for those models. 2. Alterations and Amendments. This Subcontract may be amended only by mutual agreement of the parties in writing. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 3. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the “ADA” 28 CFR Part 35. In relation to this Subcontract, the Subcontractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. Assignment. Neither this Subcontract, nor any claim arising under this Subcontract, shall be transferred or assigned by the Subcontractor without prior written consent of AWC. 5. Assurances. AWC and the Subcontractor agree that all activity pursuant to this Subcontract will be in accordance with all applicable current federal, state and local laws, rules and regulations. 6. Attorney’s Fees. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney’s fees and costs. 7. Budget Revisions. Any monetary amount budgeted by the terms of this Subcontract for various activities and line item objects of expenditure, as outlined in Attachment B – Budget and Project Costs Worksheet, may be revised without prior written approval of AWC, so long as the revision is no more than ten percent (10%) of the original line item amount and the increase in an amount is offset by a decrease in one or more other amounts equal to or greater than the increase. All other budget revisions exceeding ten percent (10%) shall only be made with the prior written approval of AWC. Subcontractor will use the funding change request form provided by AWC to request these budget revisions. 8. Certification Regarding Debarment, Suspension, and Ineligibility. The Subcontractor certifies that neither it nor its principals are debarred, suspended, proposed for debarment, or voluntarily excluded from participation in transactions by any federal department or agency. The Subcontractor further certifies that they will ensure that potential subcontractors or any of their principals are not debarred, suspended, proposed for debarment, or voluntarily excluded from participation in covered transactions by any federal department or agency. “Covered transactions” include procurement contracts for goods that are expected to equal or exceed twenty-five thousand dollars ($25,000). Subcontractor may do so by obtaining a certification statement from the potential subcontractor or subrecipient or by checking online at the System for Award Management (SAM), Excluded Parties List. The Subcontractor shall immediately notify the AWC if, during the term of this subcontract, Subcontractor becomes debarred. AWC may immediately terminate this Subcontract by providing Subcontractor written notice if Subcontractor becomes debarred during the term of this Subcontract. AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement The Subcontractor also certifies that neither it nor its principals are debarred, suspended, or proposed for debarment from participation in transactions by any state department or agency. The Subcontractor further certifies that they will ensure that potential subcontractors or any of their principals are not debarred, suspended, or proposed for debarment from participation in covered transactions by any state department or agency. 9. Certification Regarding Lobbying. The Subcontractor certifies that Federal-appropriated funds will not be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress or an employee of a member of Congress in obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Subcontractor shall require its agents to certify compliance with this provision. 10. Certification Regarding Wage Violations. The Subcontractor certifies that within three (3) years prior to the date of execution of this Subcontract, Subcontractor has not been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52. The Subcontractor further certifies that it will remain in compliance with these requirements during the term of this Subcontract. Subcontractor will immediately notify AWC of any finding of a willful violation entered by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction entered during the term of this Subcontract. 11. Change in Status. In the event of substantive change in the legal status, organizational structure, or fiscal reporting responsibility of the Subcontractor, Subcontractor agrees to notify AWC of the change. Subcontractor shall provide notice as soon as practicable, but no later than thirty (30) days after such a change takes effect. 12. Confidentiality. The Subcontractor acknowledges that all of the data, material and information which originates from this Subcontract, and any student assessment data, material and information which will come into its possession in connection with performance under this Subcontract, consists of confidential data owned by AWC or confidential personally identifiable data subject to the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) or other privacy laws, and that the data must be secured and protected from unauthorized disclosure by the Subcontractor. The Subcontractor is wholly responsible for compliance with FERPA requirements. The Subcontractor, therefore, agrees to hold all such material and information in strictest confidence, not to make use thereof other than for the performance of this Subcontract, to release it only to authorized employees and agents requiring such information and not release or disclose it to any other party. The Subcontractor agrees to release such information or material only to employees and agents who have signed a written agreement expressly prohibiting disclosure or usages not specifically authorized by this Subcontract. The parties acknowledge the release of records may be subject to the Public Records Act, RCW 42.56, and further acknowledge that Washington law and court order may compel disclosure of certain records; this provision does not apply to records compelled by law or court order. 13. Copyright Provisions. Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement Superintendent of Public Instruction (Superintendent). The Superintendent shall be considered the author of such Materials. If Materials are not considered “works for hire”, Subcontractor hereby irrevocably assigns all right, title, and interest in Materials, including all intellectual property rights, to the Superintendent effective from the moment of creation of such Materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Copyright ownership includes the right to patent, register and the ability to transfer these rights. Subcontractor understands that, except where otherwise agreed to in writing or approved by the Superintendent or designee, all original works of authorship produced under this Contract shall carry a Creative Commons Attribution License, version 4.0 or later. All Materials the Subcontractor has adapted from others’ existing openly licensed resources must be licensed with the least restrictive open license possible that is not in conflict with existing licenses. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, Subcontractor will license the materials to allow others to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the Subcontractor would like to limit these pre-existing portions of the work to non-commercial use, the Creative Commons Attribution-NonCommercial-ShareAlike license, version 4.0 or later, is acceptable for these specific sections. The Subcontractor warrants and represents that Subcontractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to apply such a license. The Subcontractor shall exert all reasonable effort to advise the Superintendent, at the time of delivery of data furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Superintendent shall receive prompt written notice of each notice or claim of infringement received by the Subcontractor with respect to any data delivered under this Contract. The Superintendent shall have the right to modify or remove any restrictive markings placed upon the data by the Subcontractor. 14. Covenant Against Contingent Fees. The Subcontractor warrants that no person or selling agent has been employed or retained to solicit or secure this Subcontract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent maintained by the Subcontractor for the purpose of securing business. AWC shall have the right, in the event of breach of this clause by the Subcontractor, to annul this Subcontract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fees. 15. Disputes. In the event that a dispute arises under this Subcontract, the parties will use their best efforts to amicably resolve any dispute, including use of alternative dispute resolution options. AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement 16. Duplicate Payment. AWC shall not pay the Subcontractor, if the Subcontractor has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. 17. Entire Agreement. This Subcontract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Subcontract shall be deemed to exist or to bind any of the parties hereto. 18. Ethical Conduct. Neither the Subcontractor nor any employee or agent of the Subcontractor shall participate in the performance of any duty or service in whole or part under this Subcontract in violation of, or in a manner that violates any provision of the Ethics in Public Service law at Chapter 42.52 RCW, RCW 42.17A.550, RCW 42.17A.555, and 41.06.250 prohibiting the use of public resources for political purposes. 19. Governing Law and Venue. This Subcontract shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 20. Indemnification. To the fullest extent permitted by law, Subcontractor shall indemnify, defend and hold harmless AWC and all officials, agents, and employees of AWC, from and against all claims for injuries or death arising out of or resulting from the performance of this Subcontract. “Claim” as used in this Subcontract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Additionally, ‘”claims” shall include but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or in unlawful restraint of competition. Subcontractor’s obligation to indemnify, defend and hold harmless includes any claim by Subcontractor’s agents, employees, representatives, or any subcontractor or its employees. Subcontractor expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims, costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident to Subcontractor’s or its subcontractor’s performance or failure to perform the Subcontract. Subcontractor’s obligation to indemnify, defend, or hold harmless AWC shall not be eliminated or reduced by any actual or alleged concurrent negligence by AWC, or their agents, employees, or officials. Subcontractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless AWC, and their agents, employees, or officials. 21. Independent Capacity of the Subcontractor. The parties intend that an independent Subcontractor relationship will be created by this Subcontract. The Subcontractor and his/her employees or agents performing under this Subcontract are not employees or agents of AWC. The Subcontractor will not hold itself out as nor claim to be an officer or employee of AWC, the Superintendent or of the state of Washington by reason hereof, nor will the Subcontractor make any claim or right, privilege, or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Subcontractor. AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement 22. Licensing and Accreditation Standards. The Subcontractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary to the performance of this Subcontract. 23. Limitation of Authority. Only AWC or AWC’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Subcontract. Furthermore, any alteration, amendment, m odification, or waiver or any clause or condition of this Subcontract is not effective or binding unless made in writing and signed by AWC. 24. Non-Discrimination. The Subcontractor shall comply with all the federal and state non-discrimination laws, regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall, on the ground of sex, race, creed, religion, color, national origin, marital status, families with children, age, veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal, be unlawfully excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any activity performed by the Subcontractor and its agents under this Subcontract. The Subcontractor shall notify AWC immediately of any allegations, claims, disputes, or challenges made against it under non - discrimination laws, regulations, or policies, or under the Americans with Disabilities Act. In the event of the Subcontractor’s noncompliance or refusal to comply with this nondiscrimination provision, this Subcontract may be rescinded, cancelled or terminated in whole or part, and the Subcontractor may be declared ineligible for further contracts with AWC. 25. Overpayments. Subcontractor shall refund to AWC the full amount of any overpayment under this Subcontract within thirty (30) calendar days of written notice. If Subcontractor fails to make a prompt refund, AWC may charge Subcontractor one percent (1%) per month on the amount due until paid in full. 26. Public Disclosure. Subcontractor acknowledges that AWC is subject to the Washington State Public Records Act, Chapter 42.56 RCW, and AWC acknowledges that the Subcontractor is subject to the Washington State Public Records Act, Chapter 42.56 RCW, and that this Subcontract shall be a public record as defined in RCW 42.56. Any specific information that is claimed by either party to be confidential or proprietary must be clearly identified as such by that party. To the extent consistent with chapter 42.56 RCW, each party shall attempt reasonably to maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view such information, the party receiving the public records request will notify the other party of the request and the date that such records will be released to the requester unless the other party obtains a court order enjoining that disclosure. If such party fails to obtain the court order enjoining disclosure, the party receiving the records request will release the requested information on the date specified. 27. Publicity. The Subcontractor agrees to submit to AWC all advertising and publicity matters relating to this Subcontract which in the AWC’s judgment, AWC or the Superintendent’s name can be implied or is specifically mentioned. The Subcontractor agrees not to publish or use such advertising and publicity matters without the prior written consent of AWC. AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement 28. Registration with Department of Revenue. The Subcontractor shall complete registration with the Department of Revenue and be responsible for payment of all taxes due on payments made under this Subcontract. 29. Records Maintenance. The Subcontractor shall maintain all books, records, documents, data and other evidence relating to this Subcontract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Subcontract. Subcontractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Subcontract, shall be subject at all reasonable times to inspection, review or audit by the AWC or the Superintendent, personnel duly authorized by AWC or the Superintendent, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 30. Right of Inspection. The Subcontractor shall provide right of access to its facilities utilized under this Subcontract to AWC or any of its officers responsible for executing the terms of this Subcontract at all reasonable times, in order to monitor and evaluate performance, c ompliance, and/or quality assurance under this Subcontract on behalf of AWC. All inspections and evaluations shall be performed in such a manner that will not unduly interfere with the Subcontractor’s business or work hereunder. 31. Severability. The provisions of this Subcontract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Contract. 32. Subcontracting. Neither the Subcontractor nor any agent of the Subcontractor shall enter into subcontracts for any of the work contemplated under this Subcontract without obtaining prior written approval of AWC. Subcontractor is responsible to ensure that all terms, conditions, assuranc es and certifications set forth in this Subcontract are included in any and all Subcontracts. In no event shall the existence of the subcontract operate to release or reduce liability of the Subcontractor to the AWC for any breach in the performance of the Subcontractor’s duties. This clause does not include contracts of employment between the Subcontractor and personnel assigned to work under this Subcontract. If, at any time during the progress of the work, AWC determines in its sole judgment that any agent of the Subcontractor is incompetent, AWC shall notify the Subcontractor, and the Subcontractor shall take immediate steps to terminate the agent's involvement in the work. The rejection or approval by AWC of any agent or the termination of an agent shall not relieve the Subcontractor of any of its responsibilities under the Subcontract, nor be the basis for additional charges to AWC. 33. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Subcontractor or its staff shall be the sole responsibility of the Subcontractor. AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement 34. Technology Security Requirements. The security requirements in this document reflect the applicable requirements of Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the Chief Information Officer for the state of Washington, which by this reference are incorporated into this agreement. The Subcontractor acknowledges it is required to comply with WaTech Office of Chief Information Officer (OCIO) IT Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information Technology Assets. OCIO IT Security Standard 141.10, Securing Information Technology Assets, applies to all Superintendent assets stored as part of a service, application, data, system, portal, module, components or plug-in product(s) that are secured as defined by the WaTech OCIO's IT Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information Technology Assets. As part of OCIO IT Security Standard 141.10, a design review checklist and/or other action may b e required. These activities will be managed and coordinated between AWC and the Subcontractor. Any related costs to performing these activities shall be at the expense of the Subcontractor. Any such activities and resulting checklist and/or other products must be shared with AWC. 35. Termination for Convenience. Except as otherwise provided in this Subcontract, the Superintendent or Superintendent’s Designee may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Subcontract in whole or in part. The notice shall specify the date of termination and shall be conclusively deemed to have been delivered to and received by the Subcontractor as of midnight the second day of mailing in the absence of proof of actual deliv ery to and receipt by the Subcontractor. If this Subcontract is so terminated, AWC shall be liable only for payment required under the terms of the Subcontract for services rendered or goods delivered prior to the effective date of termination. 36. Termination for Default. In the event AWC determines the Subcontractor has failed to comply with the conditions of this Subcontract in a timely manner, AWC has the right to suspend or terminate this Subcontract. AWC shall notify the Subcontractor in writing of the need to take corrective action. If corrective action is not taken within thirty (30) days, the Subcontract may be terminated. AWC reserves the right to suspend all or part of the Subcontract, withhold further payments, or prohibit the Subcontractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Subcontractor or a decision by AWC to terminate the Contract. In the event of termination, the Subcontractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Subcontract and the replacement or cover Subcontract and all administrative costs directly related to the replacement Subcontract, e.g., cost of the competitive bidding, mailing, advertising and staff time. The termination shall be deemed to be a "Termination for Convenience" if it is determined that the Subcontractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of the AWC provided in this Subcontract are not exclusive and are in addition to any other rights and remedies provided by law. 37. Termination Due to Funding Limitations or Contract Renegotiation, Suspension. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Subcontract and prior to normal completion of this Subcontract, with the notice specified below and without liability for damages: a. At AWC’s discretion, AWC may give written notice of intent to renegotiate the Subcontract under the revised funding conditions. AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement b. At AWC’s discretion, AWC may give written notice to Subcontractor to suspend performance when AWC determines there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Subcontractor’s performance to be resumed. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When AWC determines that the funding insufficiency is resolved, it will give the Subcontractor written notice to resume performance, and Subcontractor shall resume performance. (3) Upon the receipt of notice under b. (2), if Subcontractor is unable to resume performance of this Subcontract or if the Subcontractor’s proposed resumption date is not acceptable to AWC and an acceptable date cannot be negotiated, AWC may terminate the Subcontract by giving written notice to the Subcontractor. The parties agree that the Subcontract will be terminated retroactive to the date of the notice of suspension. AWC shall be liable only for payment in accordance with the terms of this Subcontract for services rendered prior to the retroactive date of termination. c. AWC may immediately terminate this Subcontract by providing written notice to the Subcontractor. The termination shall be effective on the date specified in the termination notice. AWC shall be liable only for payment in accordance with the terms of this Subcontract for services rendered prior to the effective date of termination. No penalty shall accrue to AWC in the event the termination option in this section is exercised. d. For purposes of this section, “written notice” may include email. 38. Termination Procedure. Upon termination of this Subcontract the AWC, in addition to other rights provided in this Subcontract, may require the Subcontractor to deliver to AWC any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. The provisions of the “Treatment of Assets” clause shall apply in such property transfer. The AWC shall pay to the Subcontractor the agreed upon price, if separately stated, for completed work and services accepted by AWC and the amount agreed upon by the Subcontractor and AWC for (a) completed work and services for which no separate price is stated, (b) partially completed work and services, (c) other property or services which are accepted by AWC, and (d) the protection and preservation of the property, unless the termination is for default, in which case AWC shall determine the extent of the liability. Failure to agree with such determination sha ll be a dispute within the meaning of the “Disputes” clause for this Subcontract. The AWC may withhold from any amounts due to the Subcontractor such sum as AWC determines to be necessary to protect AWC against potential loss or liability. The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law under this Subcontract. AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement After receipt of a notice of termination, and except as otherwise directed by the Superintendent, the Subcontractor shall: a. Stop work under this Subcontract on the date and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the Subcontract that is not terminated; c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights, title, and interest of the Subcontractor under the orders and subcontracts in which case AWC has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of AWC to the extent the AWC may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed by AWC, any property which, if the Subcontract had been completed, would have been required to be furnished to AWC; f. Complete performance of such part of the work not terminated by AWC; and g. Take such action as may be necessary, or as AWC may direct, for the protection and preservation of the property related to this Subcontract which, in is in the possession of the Subcontractor and in which AWC has or may acquire an interest. 39. Treatment of Assets. Except as otherwise provided for in the Subcontract, the ownership and title to all real property and all personal property exceeding a value of $5,000 purchased by the Subcontractor in the course of performing this Subcontract with moneys paid by the Superintendent shall vest in the Superintendent, except for supplies consumed in performing this Subcontract. The Subcontractor shall (1) maintain a current inventory of all the real and personal property; (2) label all the property “State of Washington, Superintendent of Public Instruction”; and, (3) surrender property and title to the Superintendent without charge prior to settlement upon completion, termination or cancellation of this Contract. If any property is lost, destroyed, or damaged, the Subcontractor shall notify the Superintendent and take all reasonable steps to protect the property from further damage. All reference to the Subcontractor under this clause shall include Subcontractor’s employees and agents. 40. Waiver. A failure by either part to exercise its rights under this Subcontract shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of AGENDA ITEM #5. e) SEEK Funding Opportunity Subcontractor Funding Agreement this Subcontract unless stated to be such in writing and signed by personnel authorized to bind e ach of the parties. AGENDA ITEM #5. e) 16 Attachment A SEEK Application & Scope of Work Insert detailed project description as included in the Funding Opportunity application & Attach SEEK Funding Application STREAM Team Summer Camp STREAM Team is the City of Renton’s out-of-school time program that focuses on science, technology, recreation, environment, arts and math, for youth ages 5 to 14. This program plays a critical role in keeping youth socially connected, active and healthy. The overall goal of STREAM Team is that youth are thriving and demonstrate persistence, confidence, problem solving skills, interest in learning, and leadership readiness after engaging in an array of cultural arts, recreational, science, and technology program activities, where they learn and develop skills. It is designed to empower youth with the skills to be socially, emotionally, and academically successful throughout their academic careers and beyond. Our first indicator of success is that youth are flourishing and resilient – they are thriving and persistent; able to recognize their strengths and believe in their ability to succeed. Recent evaluation data indicated that 69% of youth in STREAM Team do new things they did not think they could do and 71% are responsible to finish something that is challenging. Our second indicator of success is that youth have positive social emotional development - youth consider others’ ideas; interact with and show respect to peers; and take responsibility for their actions. 74% of STREAM Team participants learned to respect people they interact with and 63% learned we can celebrate how people have different languages, culture, and abilities.STREAM Team is offered weekday afternoons throughout the school year, and as a full-day camp during summer months. For summer 2022, STREAM Team camps will be held at three neighborhood parks located throughout Renton (Tiffany Park, Kennydale Park, and Teasdale Park) to allow campers access to extensive park amenities and outdoor spaces throughout Renton. Summer camp will run Monday through Friday, 7am to 6pm, with core hours 9am to 5pm. Camp is nine weeks long, from June 27th to August 26th. The early and late hours will allow for working parents to drop-off and pick-up as needed, to accommodate their workday. Approximately 80% (6-7 hours/day) of the camp will be held outside and moved inside to park buildings when necessary due to heat or other unforeseen weather conditions.STREAM Team camps will be led by City of Renton recreation staff, who are all trained in the Youth Program Quality Initiative which focuses on continuous quality improvement and social emotional support learning. If funded we will be able to offer STREAM Team campers enhanced, high quality environment and STE M focused programs through partnerships with the following local non-profits: Environmental Science Center, Coyle Outside, Coast and Forest, and Snapology. Environmental Science Center will provide weekly outdoor-based environmental education activities, lessons and field trips. Coyle Outside will provide programs to teach youth survival and wilderness skills such as shelter building, navigation, fire safety, orienteering, tracking, and foraging, along with ninja warrior and parkour movement classes. Coast & Forest will provide a weekly nature journal program, and Snapology will run engaging hands-on, interactive learning activities, to enhance creativity and the love of learning by utilizing LEGO® bricks, K’Nex and technology. Weekly STEM related field trips will be an added component to camp as well. If funded, we will also be able to offer swimming lessons and water safety at Henry Moses Aquatic Center. Swim lessons and water safety are a luxury usually reserved for families that can afford to pay for lessons. However, we are working to overcome this barrier by providing water safety courses and swim lessons embedded in our day camp program that will provide access for many youth that might not otherwise have access to them. Weekly camp fees will be $190 for Renton residents and $230 for non-residents. Full scholarships will be AGENDA ITEM #5. e) 17 provided to all youth/families that indicate a financial need, to ensure that costs are not a barrier for participation. AGENDA ITEM #5. e) 18 Attachment B Budget & Project Costs Worksheet Budget (as presented in the SEEK application Project Costs Worksheet) Project: STREAM Team Summer Camp Project Costs Summer 2022 Staff $ Equipment & supplies (i.e. sports equipment, art supplies, or water and snacks) (must be directly related to program being offered) $4000 Scholarships or subsidies $5750 Transportation $7200 Facilities $ Professional Services (please be specific on type of service) $61522 Fees (such as entrance fees for field trips) $51000 **Meals $ Other (please specify) $ TOTAL $129472 AGENDA ITEM #5. e) 19 Attachment C Subcontractor Reporting Requirements Reports must contain the following information: • Describe the K-12-aged (4 to 21) youth who participated through this program including disaggregated data about student age range, gender, race/ethnicity, FRPL status, and other student information. • Describe the type of program funded and the geographic area served. • Explain how the program targeted youth populations were recruited to participate. • Explain how these funds were used to create more access to underserved and/or economically disadvantaged youth. • What disproportionately impacted communities did the summer recreation program serve? • Discuss program successes and challenges. AGENDA ITEM #5. e) 20 Attachment D Subcontractor Agent(s) List any Subcontractor Agent(s) that will provide director supervision of youth in a program funded through SEEK. Name of Agent Address Environmental Science Center 126 SW 148th Street, Suite C100-90 Burien, WA 98166 Coyle Outside PO Box 2389, Corvallis, OR 97339 Snapology 15990 NE 119TH CT, Redmond, WA Coast and Forest 19264 98th Ave S, Renton, WA 90955 AGENDA ITEM #5. e) 21 Attachment E Proclamation 21-14 COVID-19 Vaccination Certification To reduce the spread of COVID-19, Washington state Governor Jay Inslee, pursuant to emergency powers authorized in RCW 43.06.220, issued Proclamation 21-14 – COVID-19 Vaccination Requirement (dated August 9, 2021), as amended by Proclamation 21-14.1 – COVID-19 Vaccination Requirement (dated August 20, 2021) and as amended by Proclamation 21-14.2 – COVID-19 Vaccination Requirement (dated September 27, 2021), and as may be amended thereafter. The Proclamation requires contractors who have goods, services, or public works contracts with a Washington state agency to ensure that their personnel (including subcontractors and agents) who perform contract activities on-site comply with the COVID-19 vaccination requirements, unless exempted as prescribed by the Proclamation. AWC is under contract with OSPI and as such is required to meet these requirements and ensure that any subcontractors also comply. By entering into this agreement, the Subcontractor agrees to comply as follows: 1. Has reviewed and understands Subcontractor’s obligations as set forth in Proclamation 21-14 – COVID-19 Vaccination Requirement (dated August 9, 2021), as amended by Proclamation 21- 14.1 – COVID-19 Vaccination Requirement (dated August 20, 2021), and as amended by Proclamation 21-14.2 – COVID-19 Vaccination Requirement (dated September 27, 2021); 2. Has developed a COVID-19 Vaccination Verification Plan for Subcontractor’s personnel (including agents) that complies with the above-referenced Proclamation; 3. Has obtained a copy or visually observed proof of full vaccination against COVID-19 for Subcontractor personnel (including agents) who are subject to the vaccination requirement in the above-referenced Proclamation; 4. Complies with the requirements for granting disability and religious accommodations for Subcontractor personnel (including agents) who are subject to the vaccination requirement in the above-referenced Proclamation; 5. Has operational procedures in place to ensure that any contract activities that occur in person and on-site at OSPI premises (other than only for a short period of time during a given day and where any moments of close proximity to others on-site will be fleeting – e.g., a few minutes for deliveries) that are performed by Subcontractor personnel (including agents) will be performed by personnel who are fully vaccinated or properly exempted as required by the above- referenced Proclamation; 6. Has operational procedures in place to enable Subcontractor personnel (including agents) who perform contract activities on-site and at OSPI premises to provide compliance documentation that such personnel are in compliance with the above referenced Proclamation; 7. Will provide to OSPI or AWC, upon request, Subcontractor’s COVID-19 Vaccination Verification Plan and related records, except as prohibited by law, and will cooperate with any investigation or inquiry pertaining to the same. AGENDA ITEM #5. e) AB - 3085 City Council Regular Meeting - 14 Mar 2022 SUBJECT/TITLE: Final Acceptance and Release of Retainage Bond for Sunset Neighborhood Park, Phase 2, CAG-19-243 RECOMMENDED ACTION: Council Concur DEPARTMENT: Parks & Recreation Department - PPNR STAFF CONTACT: Alan J. Wyatt, Capital Projects Manager EXT.: 6571 FISCAL IMPACT SUMMARY: Final Acceptance and Release of Retainage Bond for CAG-19-243. SUMMARY OF ACTION: The Parks and Recreation Department submits CAG-19-243, Sunset Neighborhood Park, Phase 2, for Final Acceptance and Release of Retainage Bond. Work commenced on the project on October 31, 2019 and was completed on March 31, 2021. Final completion of the pr oject was granted on January 28, 2022. The contractor, Terra Dynamics, Inc. met the terms of the contract by providing the materials, labor, and equipment to construct the site improvements for phase 2 of the Sunset Neighborhood Park, Phase 2 including: playground for ages 2 to 5 and 6 to 12 with poured-in-place surfacing, shelter/gazebo, pergolas with seating areas, parent plaza with tables, decorative mist feature, adult exercise area, lawn areas, landscaping, landscape irrigation, utilities, and other site improvements. EXHIBITS: A. Notice of Completion CAG-19-243 B. Certificate of Final Acceptance STAFF RECOMMENDATION: Approve the Final Acceptance of the project and Release of Retainage Bond for CAG-19-243, Sunset Neighborhood Park, Phase 2, upon receipt of approvals from the State of Washington. AGENDA ITEM #5. f) F215-038-000 Notice of Completion of Public Works Contract 05-2020 Notice of Completion of Public Works Contract Department Use Only Assigned to Date Assigned Date Form Version Revision Reason Awarding Agency Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Prime Contractor Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Project Information Project Name Contract Number Affidavit ID Number Jobsite Address City State Zip Code Date Awarded Date Work Commenced Date Work Completed Date Work Accepted Is this a Federally Funded Transportation Project? Yes No If yes, attach the Contract Bond Statement Have Subcontractors been used? Yes No If yes, complete Addendum A Contract/Payment Bond Waived? Yes No Retainage Bond Waived? Yes No Detailed Description of Work Completed DOR Tax Information Calculated Amount Liquidated Damages Additions (+) Amount Disbursed Reductions (-) Amount Retained Sub-Total Other Sales Tax Amount Sales Tax Rate Total Total Both totals must to be equal - If multiple sales tax rates, attach a list Apprentice Utilization Information Was apprentice utilization required? Yes No Engineer’s Estimate: Utilization %: If utilization did not meet or exceed 15%, was a Good Faith Estimate approved? Yes No Comments The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. No payment shall be made from the retained funds until receipt of all release certificates and affidavits. Complete and submit for by email to all three agencies below Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 890-3499 publicworks@esd.wa.gov (See Attached) AGENDA ITEM #5. f) Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 05-2020 AGENDA ITEM #5. f) SUNSET NEIGHBORHOOD PARK, PHASE 2 CONTRACTOR: TERRA DYNAMICS CAG‐19‐243 Pay Application Sales Tax Amounts  Renton sales tax increase from 10.0% to 10.1% for last payment to contractor 10.0% Sales Tax (2019) Pay Application #1 $32,290.00 10.0% Sales Tax (2020) Pay Application #2 $7,395.00 Pay Application #3 $12,880.00 Pay Application #4 $32,770.00 Pay Application #5 $34,692.40 Pay Application #6 $98,845.19 Pay Application #7 $13,783.35 Pay Application #8 $34,738.41 Pay Application #9 $14,483.70 Pay Application #10 $46,935.20 Pay Application #11 $33,904.27 Pay Application #12 $2,210.48 10.1% Sales Tax (2021) Pay Application #13 (FINAL) $3,039.05 TOTAL SALES TAX PAID $367,967.05 NOC Attachment_Sales Tax_TERRA DYNAMICS CAG‐19‐243 Page 1 of 1 AGENDA ITEM #5. f) February 2, 2022 Vernon Orr Project Manager Terra Dynamics, Inc. P.O. BOX 2479 Auburn, WA 98071 RE: Final Acceptance of Sunset Neighborhood Park, Phase 2; Renton, WA CAG-19-243 Dear Mr. Orr: In receipt of your correspondence of January 24, 2022, requesting Final Acceptance of the above referenced project, we have determined that the project is found acceptable for Final Acceptance by the City of Renton on January 28, 2022, at 12:01 AM PST. The items identified in the Final Completion Punch List of January 12, 2022, are found to be completed. Please commence the preparation of the following documents, refer to Contract Documents, General Conditions 6.9: 1. Written notice of any outstanding disputes or claims between Contractor and any of its Subcontractors, including amounts and details thereof. 2. Acceptance of Final Payment by Contractor, or any Subcontractor, shall constitute a waiver and release to Owner of all claims by Contract Time, and for every act or omission of Owner relating to or arising out of the Work, except for those Claims in in accordance with the procedures, including time limits, as set forth in Part 8, General Conditions. 3. Affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or Owner’s property might be responsible or encumbered have been paid or otherwise satisfied. 4. Certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. AGENDA ITEM #5. f) Vernon Orr, Project Manager Terra Dynamics, Inc. February 2, 2022 Page 2 of 2 5. Written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the contract documents. 6. Consent of surety to final payment. 7. Release of Liens. 8. Additional documentation as required by the City of Renton. Upon receipt of the above documentation, we will proceed with Council approval for Final Acceptance and Release of Bonds and the required release from state agencies for project completion. Thank you for your effort for the development of the park for the citizens of Renton. If we may answer any questions or be of further assistance, as always, please do not hesitate to call. Respectfully, Alan J. Wyatt, RLA, ASLA, LEED-AP Capital Projects Manager Parks Planning and Natural Resources Division cc: Kelly Beymer, Parks and Recreation Administrator Erica Schmitz, Parks Planning and Natural Resources Director Cheryl Beyer, Senior Assistant City Attorney Jon Kirk, Terra Dynamics, Inc. Dean Koonts, HBB Landscape Architecture AGENDA ITEM #5. f) AB - 3073 City Council Regular Meeting - 14 Mar 2022 SUBJECT/TITLE: HIDTA State and Local Task Force Agreement - Valley Narcotics Enforcement Team, MOU, and Certification RECOMMENDED ACTION: Refer to Public Safety Committee DEPARTMENT: Police Department STAFF CONTACT: Jon Schuldt, Chief EXT.: 7555 FISCAL IMPACT SUMMARY: No fiscal impact SUMMARY OF ACTION: HIDTA stands for High Intensity Drug Trafficking Areas. Where there is evidence that trafficking in narcotics and dangerous drugs exists in the greater King County area, and that illegal activity has a substantial, detrimental effect on the health and welfare of the citizens, the Valley Narcotics Enforcement Team (VNET) will disrupt the illegal drug traffic by immobilizing targeted violators and trafficking organizations, gather and report intelligence data relating to trafficking in narcotics and dangerous drugs, and conduct undercover operations where appropriate or traditional methods of investigating in order to result in effective prosecution before the courts. The Renton Police Department agrees to detail one (1) experienced commissioned police officer to the Seattle Enforcement Group D-22 Task Force for a period of not less than two years. The MOU allows the Renton Police Department to receive an equitable share of profits from qualified drug related cases in return for providing one (1) commissioned police officer to work full time as a member of the Seattle Enforcement Group D-22 Task Force (VNET). The Certification provides that the Renton Police Department will comply with the certifications regarding lobbying; debarment, suspension and other responsibility matters; and drug-free workplace requirements. EXHIBITS: A. Agreement B. MOU C. Certification STAFF RECOMMENDATION: Authorize the Mayor to sign the HIDTA State and Local Task Force Agreement, the MOU, and the Certification. AGENDA ITEM #5. g) HIDTA STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1st day of October 2021, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Renton Police Department, ORI# WA0170100 (hereinafter "RPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Greater King County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Washington, the parties hereto agree to the following: 1. The Seattle Enforcement Group D-22 Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Greater King County area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of Washington. 2. To accomplish the objectives of the Seattle Enforcement Group D-22, the RPD agrees to detail one (1) experienced officer(s) to the Seattle Enforcement Group D-22 Task Force for a period of not less than two years. During this period of assignment, the RPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The RPD officers assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The RPD officers assigned to the task force shall be deputized as task force officers of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the Seattle Enforcement Group D-22 Task Force, DEA will assign three (3) Special Agents to the task force. HIDTA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and RPD officers assigned to the task force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. AGENDA ITEM #5. g) 6. During the period of assignment to the Task Force, the RPD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the Valley Narcotics Enforcement Team “VNET”for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 30 days of the end of the invoiced period. Note: Task Force Officer’s overtime “shall not include any costs for benefits, such as retirement, FICA, and other expenses.” 7. In no event will the Renton Police Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The RPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The RPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The RPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is later. 10. The RPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The RPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug-Free Workplace Requirements. The RPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the RPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. AGENDA ITEM #5. g) 13. The RPD understands and agrees that HIDTA will provide the Seattle Enforcement Group D-22 Task Force Officers with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune-ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGV'S)- HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the RPD personnel, in addition to whatever accident reporting requirements the RPD may have. 14. While on duty and acting on task force business, the RPD officers assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of task force officer, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act. 15. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2022. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by RPD during the term of this agreement. For the Drug Enforcement Administration: ____________________________________ Frank A. Tarentino III Date: _______________ Special Agent in Charge Title For the Renton Police Department Date: ________________ Armondo Pavone, Mayor Attest: ____________________________________ Date: ________________ Jason Seth, City Clerk ____________________________________ Date: ________________ Shane Moloney, City Attorney AGENDA ITEM #5. g) Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding This agreement is made this 1st day of October, 2021, between the United States Department of Justice, Drug Enforcement Administration Enforcement (hereinafter "DEA"), and the Renton Police Department (hereinafter "RPD"). 1. The police agencies participating in the Seattle Enforcement Group D-22 Task Force, hereby agree to the following terms and conditions of this Memorandum of Understanding (“MOU”) governing the Task Force’s equitable sharing requests and participation in the United States Department of Justice (“DOJ”) Equitable Sharing Program: The following are the Task Force Participants and their contribution to the Task Force: Participating Agency Contribution Auburn Police Department 1 TFO Federal Way Police Department 1 TFO Kent Police Department 1 TFO Renton Police Department 1 TFO Seattle Police Department 1 TFO Tukwila Police Department 1 TFO Washington State Patrol 1 TFO 2. Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not guaranteed in any case. Participants acknowledge that sharing will not be awarded in a case if victims have not been fully compensated. State, local, or federal government entities can be considered victims. Equitable sharing among the Task Force members shall be based upon the following pre-arranged percentages: DEA shall receive 20% Valley Narcotics Enforcement Team 80% 3. Participants understand that if a non-MOU member receives an equitable share based upon their contribution, then the MOU Participants’ shares shall be reduced proportionately (e.g., if non-MOU agency C receives 10% based upon their contribution, then the MOU Participants’ pre-arranged percentages shall be based upon 90% of the full amount available for sharing). 4. Participants further understand that additional adjustments may be necessary so to ensure that DEA (DOJ) receives a minimum of 20%. AGENDA ITEM #5. g) 2 5. Participants further understand that the federal decision-makers on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case. For the Drug Enforcement Administration: ____________________________________ Date: _____________ Frank A. Tarentino III Special Agent in Charge For the Renton Police Department: ____________________________________ Date: _____________ Armondo Pavone Mayor Attest: ____________________________________ Date: _____________ Jason Seth City Clerk ____________________________________ Date: _____________ Shane Moloney City Attorney AGENDA ITEM #5. g) U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) withcommission of any of the offenses enumerated in paragraph (1)(b)of this certification; and (a) No Federal appropriate funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencingor attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, oran employee of a Member of Congress in connection with themaking of any Federal grant, the entering into of anycooperative agreement, and extension, continuation, renewal,amendment, or modification of any Federal grant or cooperativeagreement; (d) Have not within a three-year period preceding this applicationhad one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of thestatements in this certification, he or she shall attach anexplanation to this application.(b) If any funds other than Federal appropriated funds have beenpaid or will be paid to any person for influencing or attempting toinfluence an officer or employee of any agency, a Member ofCongress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with this Federal grant orcooperative agreement, the undersigned shall complete andsubmit Standard Form - LLL, "Disclosure of LobbyingActivities," in accordance with its instructions; 3. DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- (c) The undersigned shall require that the language of this cer -tification be included in the award documents for all subawards atall tiers (including subgrants, contracts under grants andcooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. A. The applicant certifies that it will or will continue to provide adrug-free workplace by: (a) Publishing a statement notifying employees that theunlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken againstemployees for violation of such prohibition;2. DEBARMENT, SUSPENSION, AND OTHERRESPONSIBILITY MATTERS (DIRECT RECIPIENT) (b) Establishing an on -going drug-free awareness program toinform employees about-As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Prt 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510-(1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace;A. The applicant certifies that it and its principals:(3) Any available drug counseling, rehabilitation, and employeeassistance programs; and(a) Are not presently debarred, suspended, proposed for debar -ment, declared ineligible, sentenced to a denial of Federalbenefits by a State or Federal court, or voluntarily excluded fromcovered transactions by any Federal department or agency;(4) The penalties that may be imposed upon employees for drugabuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged inthe performance of the grant be given a copy of the statementrequired by paragraph (a);(b) Have not within a three-year period preceding this applicationbeen convicted of or had a civil judgment rendered against themfor commission of fraud or a criminal offense in connection withobtaining, attempting to obtain, or performing a (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant,the employee will - OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. AGENDA ITEM #5. g) (1) Abide by the terms of the statement; and Seattle Enforcement Group D-22 300 5th Ave, suite 1300 Seattle, WA 98104 (2) Notify the employer in writing of his or her conviction for aviolation of a criminal drug statute occurring in the workplace nolater than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days afterreceiving notice under subparagraph (d)(2) from an employeeor otherwise receiving actual notice of such conviction.Employers of convicted employees must provide notice, includingposition title, to: Department of Justice, Office of JusticePrograms, ATTN: Control Desk, 633 Indiana Avenue, N.W.,Washington, D.C. 20531. Notice shall include the identificationnumber(s) of each affected grant; Check if there are workplace on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. (f) Taking one of the following actions, within 30 calendardays of receiving notice under subparagraph (d)(2), withrespect to any employee who is so convicted-Check if the State has elected to complete OJP Form 4061/7. (1) Taking appropriate personnel action against such anemployee, up to and including termination, consistent with therequirements of the Rehabilitation Act of 1973, as amended; or DRUG-FREE WORKPLACE(GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a drugabuse assistance or rehabilitation program approved for suchpurposes by a Federal, State, or local health, law enforcement,or other appropriate agency; As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant, I certify that I will not engage inthe unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance in condition any activity withthe grant; and (g) Making a good faith effort to continue to maintain a drug - freeworkplace through implementation of paragraphs (a), (b), (c), (d),(e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with thespecific grant: B. If convinced of a criminal drug offense resulting from aviolation occurring during the conduct of any grant activity, I willreport the conviction, in writing, within 10 calendar days of theconviction, to: Department of Justice, Office of Justice Programs,ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington,D.C. 20531.Place of Performance (Street address, city, country, state, zip code) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1.Grantee Name and Address: Renton Police Department 1055 South Grady Way Renton, WA 98057 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number Seattle Enforcement Group D-22 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date Armondo Pavone, Mayor - City of Renton AGENDA ITEM #5. g) AB - 3087 City Council Regular Meeting - 14 Mar 2022 SUBJECT/TITLE: Water Quality Grant Agreement WQC-2022-Renton-00100 with the Department of Ecology for the Stormwater Management Action Planning Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Kristina Lowthian, Surface Water Engineer EXT.: 7249 FISCAL IMPACT SUMMARY: The grant agreement provides $202,125 of grant funding from the Department of Ecology’s Stormwater Financial Assistance Program (SFAP) into the approved 2022 Surface Water Utility Capital Improvement Program budget for Surface Water Planning (427.475005.015.594.31.63.000). The grant requires $67,375 of matching funds for a total grant agreement amount of $269,500. There is sufficient funding in the project budget to cover the required matching funds. City staff will use $28,603.88 of the grant funds for management and reviews, while the remaining amount of $240,896.12 will cover the professional services contract with Parametrix for Stormwater Management Action Planning (CAG -21-259). SUMMARY OF ACTION: The City of Renton has been awarded $202,125 in grant funds from the State of Washington Department of Ecology’s SFAP for Stormwater Management Action Planning. To meet a component of the Stormwater Planning requirement of the Western Washington Phase II Municipal Stormwater Permit, watersheds in Renton will be assessed and prioritized, and a stormwater management action plan will be developed for a high priority basin. The assessment and prioritization will be applied to six basins: Cedar River, Black Rive r, May Creek, Soos Creek, East Lake Washington, and West Lake Washington. Planned actions for the highest ranked basin include stormwater facility retrofits, land management strategies, and custom implementation of stormwater permit programs to protect wat er quality. The Ecology grant funding covers grant management and review, the preparation of State Environmental Policy Act (SEPA) documentation, development of receiving water assessment and prioritization technical memos, and development of a draft and f inal stormwater management action plan. The project will be completed prior to the grant agreement expiration date of January 31, 2024. EXHIBITS: A. Grant Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Water Quality Grant Agreement WQC-2022-Renton-00100 with the Department of Ecology to accept $202,125 in grant funds for the Stormwater Management Action Planning project. AGENDA ITEM #5. h) Agreement No. WQC-2022-Renton-00100 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF RENTON This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. City of Renton Stormwater Management Action Planning GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project will help improve water quality by removing pollutants and addressing hydrologic impacts within the City of Renton through the development of a Stormwater Management Action Plan (SMAP). This will consist of completing a Receiving Water Conditions Assessment and Receiving Water Prioritization . Project Long Description: The RECIPIENT will develop a Stormwater Management Action Plan (SMAP) that identifies and describes specific stormwater management actions to protect water quality in a high priority receiving water. Receiving waters are those waterbodies that receive stormwater runoff from the City of Renton municipal stormwater system . The RECIPIENT will follow Ecology’s Stormwater Management Action Planning Guidance for Phase I and Western Washington Phase II Municipal Stormwater Permits (Ecology, 2019; Publication 19-10-010). Using the SMAP process, the RECIPIENT will emphasize protection of designated uses and improvements to receiving water quality and habitat under both existing $269,500.00 $269,500.00 $202,125.00 $67,375.00 07/01/2021 01/31/2024 Stormwater Facility AGENDA ITEM #5. h) Page 2 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton and anticipated development conditions. Implementation of the stormwater management actions listed in the plan will improve and protect at least one of the following local receiving waters: Cedar River, Black River, May Creek, Soos Creek, Lake Washington, or the Duwamish River. Known concerns for these receiving waters include dissolved oxygen, bacteria, pH, and temperature. The RECIPIENT has completed a preliminary assessment of existing conditions in the city’s receiving waters . They have delineated basins and conducted a brief analysis of each basin’s influence on the receiving waters . The RECIPIENT will build on the preliminary assessment following the SMAP process. The RECIPIENT will complete a Receiving Water Conditions Assessment. They will compile existing information related to the City of Renton’s receiving waters and identify which receiving waters are most likely to benefit from stormwater management actions. The RECIPENT will identify the designated uses and desired water quality conditions to support those uses, assess the extent to which the desired conditions are being met, and determine if the water body is impaired or likely to become impaired under future development conditions. This information will assist the RECIPIENT in the watershed prioritization process . The RECIPIENT will develop and implement a process to determine which receiving waters will benefit most from stormwater facility retrofits, tailored implementation of stormwater management program actions, and other land/development management actions. This Receiving Water Prioritization process will include the identification of high priority catchment area(s) for focus of the SMAP. The RECIPIENT will prepare a SMAP for at least one high priority catchment identified in the Receiving Water Prioritization process. The SMAP will include, but is not limited to, stormwater facility retrofits, land management/development strategies, and implementation of stormwater management actions related to the City of Renton municipal stormwater permit. The SMAP will also include a proposed implementation schedule , budget sources, and a process to adaptively manage the plan. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 3 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton UEI Number:UG2PSBS6UJJ3 RECIPIENT INFORMATION Organization Name: Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Contacts Organization Email: City of Renton 91-6001271 092278894 Renton City Hall, 5th Floor, 1055 South Grady Way Renton, WA 98057-3232 Renton City Hall, 5th Floor 1055 South Grady Way rstraka@rentonwa.gov Template Version 12/10/2020 AGENDA ITEM #5. h) Page 4 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton Kristina Lowthian Civil Engineer II Renton City Hall - 5th Floor 1055 South Grady Way Renton, Washington 98057 Email: klowthian@rentonwa.gov Phone: (425) 430-7249 Authorized Signatory Kristina Lowthian Civil Engineer II Renton City Hall - 5th Floor 1055 South Grady Way Renton, Washington 98057 Email: klowthian@rentonwa.gov Phone: (425) 430-7249 Billing Contact Project Manager Authorized Signatory Armondo Pavone Mayor Renton City Hall, 5th Floor 1055 South Grady Way Renton, Washington 98057-3232 Email: apavone@rentonwa.gov Phone: (425) 430-6500 Template Version 12/10/2020 AGENDA ITEM #5. h) Page 5 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton Contacts Project Manager Financial Manager Technical Advisor Heather Bearnes-Loza PO Box 330316 Shoreline, Washington 98133-9716 Email: HEBE461@ecy.wa.gov Phone: (360) 584-2755 Melissa Conger PO Box 47600 Olympia, Washington 98504-7600 Email: MECO461@ecy.wa.gov Phone: (360) 407-6225 Amanda Heye PO Box 47600 Olympia, Washington 98504-7600 Email: ahey461@ecy.wa.gov Phone: (360) 407-6457 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Template Version 12/10/2020 AGENDA ITEM #5. h) Page 6 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement . RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement . This Agreement contains the entire understanding between the parties , and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party . This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology Water Quality Date Date City of Renton Vincent McGowan, P.E. Mayor Armondo Pavone By:By: Template Approved to Form by Attorney General's Office Program Manager Template Version 12/10/2020 AGENDA ITEM #5. h) Page 7 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton City Clerk Date Jason A. Seth City Attorney Date Shane Moloney Template Version 12/10/2020 AGENDA ITEM #5. h) Page 8 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton SCOPE OF WORK Task Number:1 Task Cost: $8,356.80 Task Title:Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements . Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; the EAGL (Ecology Administration of Grants and Loans ) recipient closeout report; and a two-page outcome summary report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement , contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and two-page outcome summary report. * Properly maintained project documentation. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 9 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton Deliverables Grant and Loan Administration Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) 1.3 Two-page Outcome Summary Report Template Version 12/10/2020 AGENDA ITEM #5. h) Page 10 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton SCOPE OF WORK Task Number:2 Task Cost: $62,527.29 Task Title:Receiving Water Conditions Assessment Task Description: The RECIPIENT will use the approach outlined in the Stormwater Management Action Planning Guidance for Phase I and Western Washington Phase II Municipal Stormwater Permits (Ecology, 2019; Publication 19-10-010) to support the Receiving Water Conditions Assessment. A.The RECIPIENT will build on their preliminary assessment and confirm receiving water basins , the total basin size and portion of each receiving water basin within city limits. In addition to other resources, the RECIPIENT will use the latest GIS data of the municipal separate storm sewer system (MS4) to help perform this task. B.The RECIPIENT will document and assess existing information related to their local receiving waters and contributing area conditions. C.The RECIPIENT will define a method and determine the relative influence of the RECIPIENT’s MS 4 and land use patterns on each receiving water. At a minimum the method will consider, as data is available: MS4 relative flow contribution to receiving water, impervious surface, pollution generating impervious surface, pollution generating pervious surface, traffic volume, population density, tree canopy, lack of treatment and flow control facilities, agricultural areas, industrial areas, and residential areas. D.The RECIPIENT will assess the relative conditions of receiving waters and contributions of basins using information collected in previous steps to identify which receiving waters are most likely to benefit from stormwater management planning. The management goals described in Building Cities in the Rain (BCitR) will be considered as part of the evaluation process. E.The RECIPIENT will submit a watershed inventory table that references a map of delineated basins . The table will include: the receiving water name, its total watershed area, the percent of the total watershed area that is in the Permittee’s jurisdiction , and the findings of the stormwater management influence assessment for each receiving water. The table will indicate which receiving water basins are expected to have a relatively low Stormwater Management Influence for the SMAP. In addition to text copy of the watershed inventory the information should be presented in online GIS interface. Task Goal Statement: The RECIPIENT will respond to ECOLOGY and complete Receiving Water Conditions Assessment in a timely manner . Task Expected Outcome: Receiving Water Conditions Assessment will generate a candidate list of receiving waters to be further assessed in Task 3 Receiving Water Prioritization. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 11 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton Deliverables Receiving Water Conditions Assessment Number Description Due Date 2.1 Data Gaps Analysis Memo. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. 2.2 Present data layers that identify receiving waters and the associated drainage basins. Present data as an online GIS interface. Notify ECOLOGY Project Manager when the online GIS interface is published. 2.3 Draft Receiving Water Conditions Assessment that includes a watershed inventory table, referenced basin map, proposed MS4 influence method, and analysis. The watershed inventory should also be presented as an online GIS interface. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. 2.4 Response to ECOLOGY Receiving Water Conditions Assessment . Upload to EAGL and notify ECOLOGY Project Manager when upload is complete . 2.5 ECOLOGY acceptance of Receiving Water Conditions Assessment . Upload acceptance letter to EAGL and notify ECOLOGY Project Manager when upload is complete. 2.6 Final Receiving Water Conditions Assessment including online GIS interface . Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. Notify ECOLOGY Project Manager when the online GIS interface is updated. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 12 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton SCOPE OF WORK Task Number:3 Task Cost: $80,424.19 Task Title:Receiving Water Prioritization Task Description: A.The RECIPIENT will prioritize the candidate list of receiving waters from Task 2 to select a subbasin or catchment area tributary to the receiving water of focus where SMAP will be applied to : 1)Implement stormwater and land management strategies that act as water quality management tools intended to conserve, protect, or restore receiving waters; 2)Take actions intended to reduce pollutant loading ; and 3)Minimize hydrologic impacts from existing, expected, or proposed future development. The RECIPIENT will lead development of a ranking system to assist in scoring and prioritizing the receiving waters and choosing a catchment area to focus improvements. The RECIPIENT will build on the results of Task 2, which narrow down which receiving waters to prioritize through relative comparison. The BCitR and Stormwater Management Action Planning Guidance will be referenced to support development of the scoring methodology. The development of the scoring method will be documented. B.The RECIPIENT will apply the scoring methodology in Task 3A to the candidate list of receiving waters developed in Task 2. The ranking process will identify a list of high priority receiving waters and catchment area(s) for focus of the SMAP. C.The RECIPIENT will develop a public involvement process to inform the community and solicit feedback regarding the prioritized catchment area(s). A list of key internal and external stakeholders will be developed . One opportunity will be provided for stakeholders to review and comment on prioritized catchment area(s). The RECIPIENT will consider feedback from the stakeholders during the development of the SMAP in Task 4. Stakeholder feedback will be documented. D.The RECIPIENT will document the receiving water prioritization process and results in a memorandum and online GIS interface. Task Goal Statement: The RECIPIENT will complete the Receiving Water Prioritization and respond to ECOLOGY and public comments in a timely manner. Task Expected Outcome: The Receiving Water Prioritization will generate a list of high priority receiving waters , high priority catchment areas(s) and comments from stakeholders to assist in the development of the SMAP. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 13 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton Deliverables Receiving Water Prioritization Number Description Due Date 3.1 Draft prioritization scoring methodology. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete . 3.2 Response to ECOLOGY prioritization scoring methodology comments . Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. 3.3 Draft public outreach materials, including Receiving Water Prioritization online GIS interface, that provide the public and stakeholders with an opportunity to comment on proposed prioritized catchment area(s). Upload to EAGL and notify ECOLOGY Project Manager when upload is complete . 3.4 Public outreach: collect and document stakeholder feedback, and document responsiveness to comments. Upload documentation of effort to EAGL and notify ECOLOGY Project Manager when upload is complete . 3.5 Submit text document of the final receiving water prioritization process and results in a memorandum and online GIS interface. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 14 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton SCOPE OF WORK Task Number:4 Task Cost: $109,834.92 Task Title:Stormwater Management Action Plan Task Description: A.Within the prioritized subbasin or catchment area (s), the RECIPIENT will describe potential Stormwater Management Actions (SMAs) consisting of structural best management practices (BMPs) and non-structural SMAs. This may include non-structural BMPs, land/development management policies and actions, and targeted stormwater management program (SWMP) actions to support improved receiving water quality. Structural SMAs could be proposed as new treatment or flow control facilities, retrofit of existing treatment or flow control facilities, or opportunities to provide additional treatment or flow control service with planned public construction projects. B.The RECIPIENT will continue the public involvement process developed in Task 3 to inform the community and solicit feedback regarding the SMAs. One opportunity will be provided for stakeholders to review and comment on the proposed SMAs. Stakeholder feedback will be documented and taken into consideration when developing the SMAP. C.The RECIPIENT will prepare a draft SMAP, including a proposed implementation schedule, short and long term goals, conceptual budget, potential funding sources, and adaptive management. D.The RECIPIENT will prepare a final SMAP that considers and incorporates ECOLOGY feedback as appropriate . Task Goal Statement: Prepare Stormwater Management Action Plan. Task Expected Outcome: Development of stormwater and land management strategies that act as water quality management tools intended to conserve, protect, or restore water quality in a selected Receiving Water. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 15 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton Deliverables Stormwater Management Action Plan Number Description Due Date 4.1 Draft list of structural and non-structural SMAs. For treatment and flow control facilities, the online GIS interface will include feature layers for each facility’s catchment and each facility’s footprint. Facility footprint attributes will include type of facility and types of pollutants removed. Notify ECOLOGY Project Manager when public outreach has been initiated and the list of SMAs and online GIS interface are published. 4.2 Collect and document stakeholder feedback and responsiveness to comments. Upload documentation of effort to EAGL and notify ECOLOGY Project Manager when upload is complete. 4.3 Draft SMAP, including supporting narrative, proposed schedule, conceptual budget, potential funding sources, and adaptive management. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete . 4.4 Response to ECOLOGY SMAP comments. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete . 4.5 Final written SMAP, including list of SMAs for targeted areas and online GIS interface. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 16 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton SCOPE OF WORK Task Number:5 Task Cost: $8,356.80 Task Title:Cultural and Environmental Reviews, and Permitting Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY . The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A.The RECIPIENT will provide both the ECOLOGY project manager and separegister @ecy.wa.gov an initial consultation on the draft State Environmental Policy Act (SEPA) documents. B.The RECIPIENT will notify the ECOLOGY project manager, in addition to the required distribution and public notice, when SEPA documents have been issued for the official comment period , which is a minimum of 21 days. C.The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal and federal permits, licenses, easements, or property rights necessary for the project. D.The RECIPIENT will submit the documents listed below to ECOLOGY to initiate cultural resources review . Property acquisition and above and below ground activities proposed at any project site must be reviewed for potential affects to cultural resources. 1.The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any supporting materials must conform to the Department of Archeology and Historic Preservation’s Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY website . 2.The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. The IDP template may be found on the ECOLOGY website. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work . Examples of work may include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written notice to proceed shall not be eligible for reimbursement. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner . Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 17 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton Deliverables Cultural and Environmental Reviews, and Permitting Number Description Due Date 5.1 SEPA checklist, or other documentation for projects considered exempt from SEPA review. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. 5.2 List of permits acquired and environmental review documents. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete . 5.3 Cultural Resources Review Form. Email the form and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager . ECOLOGY will upload documentation to EAGL when cultural resources is complete. 5.4 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 18 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton BUDGET Funding Distribution EG220477 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Title: State SFAP - SFY22 100% Model Toxics Control Capital Account(MTCCA) Stormwater Type: Funding Source %: Description: Fund: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? No Approved State Indirect Rate: 0% 25% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: SFAP 07/01/2021 01/31/2024 Grant SFAP Task Total Grant and Loan Administration 8,356.80$ Receiving Water Conditions Assessment 62,527.29$ Receiving Water Prioritization 80,424.19$ Stormwater Management Action Plan 109,834.92$ Cultural and Environmental Reviews, and Permitting 8,356.80$ 269,500.00$Total: Template Version 12/10/2020 AGENDA ITEM #5. h) Page 19 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%202,125.00 269,500.0067,375.0025.00SFAP Total $$67,375.00 202,125.00 $269,500.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account . “Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Centennial Clean Water Program” means the state program funded from various state sources . “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred . “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge . “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT . “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. “Equivalency” means projects designated by ECOLOGY to meet additional federal requirements . “Expiration Date” means the latest date on which eligible costs may be incurred. “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through Template Version 12/10/2020 AGENDA ITEM #5. h) Page 20 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton such time as the loan is officially closed out and a final loan repayment schedule is issued . “Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower . “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. “Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan . “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan . “Loan Term” means the repayment period of the loan . “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes . “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents . “Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed . This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 21 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton “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. h) Page 22 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance . 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring . f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by Template Version 12/10/2020 AGENDA ITEM #5. h) Page 23 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 24 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 2. “Section 319 Initial Data Reporting” form in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA . B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .” B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act . C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/.. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall Template Version 12/10/2020 AGENDA ITEM #5. h) Page 25 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 26 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 27 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 28 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 29 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 30 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 31 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 32 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 33 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 34 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 35 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 36 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton • 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. h) Page 37 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 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. h) Page 38 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work . b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 39 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement : a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20. PROGRESS REPORTING Template Version 12/10/2020 AGENDA ITEM #5. h) Page 40 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines . RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment , property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 41 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement . d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to this end the provisions of this Agreement are declared to be severable . 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 AGENDA ITEM #5. h) Page 42 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no Template Version 12/10/2020 AGENDA ITEM #5. h) Page 43 of 43State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2022-Renton-00100 City of Renton Stormwater Management Action Planning City of Renton event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments . If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 AGENDA ITEM #5. h) AB - 3091 City Council Regular Meeting - 14 Mar 2022 SUBJECT/TITLE: Agreement with Carollo Engineers, Inc. for the 2022 Renton Sanitary Sewer Replacement Project RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Joe Stowell, Wastewater Utility Engineering Manager EXT.: 7212 FISCAL IMPACT SUMMARY: Funding for this agreement in the amount of $443,709.00 is available from the approved 2022 Wastewater Utility Capital Improvement Program budget for the Sanitary Sewer Rehab/Replacement (426.465521.018.595.35.63.000). There is sufficient funding in the budget to cover the agreement. SUMMARY OF ACTION: This agreement is for engineering services to produce construction plans and specifications needed for the replacement/repair of defective sanitary sewer systems at 7 different locations (see exhibit A). The Project scope includes the construction of approximately 1,600 lineal feet (LF) of 8-inch sewer main, approximately 120 LF of 12-inch sewer main, approximately 13 sewer manholes (7 manholes to be abandoned), and approximately 32 service laterals (24 service laterals to be abandoned). These quantities will be further refined during the alternative analysis and design. The scope of work for this design phase of the project will include: • A project area survey and create a project base map. • Geotechnical explorations and analysis. • An alternatives analysis of various project elements. • Summarizing the preliminary design findings and alternative analysis in a Basis of Design Report (BODR). • Design of the replacement of the sewer mains, manholes, and service laterals selected for the Project. • Providing permitting and public outreach support during the design process. • Supporting the City during the bidding process. Carollo Engineers, Inc. was selected as part of the Request for Qualifications for the 2019 Sanitary Sewer Rehabilitation and Replacement Project as the most qualified firm. There was a total of five engineering firms that participated in the Request for Qualifications. EXHIBITS: A. Consultant Agreement STAFF RECOMMENDATION: Approve the agreement with Carollo Engineers, Inc. in the amount of $443,709.00 for engineering services for the 2022 Sanitary Sewer Replacement project. AGENDA ITEM #5. i) AGREEMENT FOR 2022 RENTON SEWER REPLACEMENT THIS AGREEMENT, dated for reference purposes only as ___________________, 2022, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Carollo Engineers, Inc. (“Consultant”), a Delaware Corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide engineering services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later than May 31, 2023. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $443,709.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit D. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) AGENDA ITEM #5. i) PAGE 2 OF 10 calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and AGENDA ITEM #5. i) PAGE 3 OF 10 Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the AGENDA ITEM #5. i) PAGE 4 OF 10 details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties AGENDA ITEM #5. i) PAGE 5 OF 10 have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, t Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. AGENDA ITEM #5. i) PAGE 6 OF 10 E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Joe Stowell 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7212 jstowell@rentonwa.gov CONSULTANT Erik Waligorski 1200 Fifth Avenue, Suite 900 Seattle, WA 98101 Phone: (206) 538-5161 ewaligorski@carollo.com AGENDA ITEM #5. i) PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform AGENDA ITEM #5. i) PAGE 8 OF 10 the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Joe Stowell. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the AGENDA ITEM #5. i) PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #5. i) PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Lara Kammereck Vice President _____________________________ Date _____________________________ Date Attest ____________________________ Jason A. Seth City Clerk By:____________________________ Erik Waligorski Vice President _____________________________ Date Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney AGENDA ITEM #5. i) EXHIBIT A pw:\\Carollo/Documents\ SCOPE OF SERVICES ENGINEERING SERVICES FOR THE CITY OF RENTON 2022 SANITARY SEWER REPLACEMENT PROJECT BACKGROUND The City of Renton Wastewater Utility implements an annual sanitary sewer rehabilitation and/or replacement project as part of its ongoing capital improvement program. For the year 2022, the City will be undergoing a replacement project consisting of various sewer main, manhole, and side sewer replacements within the City’s system. The sewer infrastructure to be replaced as part of this 2022 Sanitary Sewer Replacement Project were selected by the City of Renton based on field observations and inspections and are located within City right-of-way and on Private property within City easements at seven different general sites (see City provided site maps illustrating the proposed work following the Scope of Work). Work within the City right-of-way will take place on Kirkland Ave NE and NE 16th St (Site 1), NE 4th St (Site 2), NE 6th St and NE 7th Pl (Site 3), Tacoma Ave NE, NE 6th St, and Shelton Ave NE (Site 4), NE 6th St (Site 5), Taylor Ave NW and NW 7th St (Site 6). Work on private property within existing City easements will be required off Monroe Ave NE (Site 7) and various points on other sites where access is needed for system abandonment. The Project includes the construction of approximately 1,600 lineal feet (LF) of 8-inch sewer main, approximately 120 LF of 12-inch sewer main, approximately 13 sewer manholes (7 manholes to be abandoned), and approximately 32 service laterals (24 service laterals to be abandoned). These quantities will be further refined during the alternative analysis and design. The scope of work for this phase of the project will include: · A project area survey and creation a project basemap. · Geotechnical explorations and analysis. · An alternatives analysis of various project elements. · Summarizing the preliminary design findings and alternative analysis in a Basis of Design Report (BODR). · Design of the replacement of the sewer mains, manholes, and service laterals selected for the Project. · Providing permitting and public outreach support during the design process. · Supporting the City during the bidding process. Engineering Services During Construction (ESDC) for the 2022 Sanitary Sewer Replacement Project will be scoped and completed as part of a future phase. GENERAL PROJECT ASSUMPTIONS 1. Carollo Engineers and its subconsultants will be referred to as “Consultant” in this document. 2. The City of Renton, Washington and its staff will be referred to as “City” in this document. 3. All deliverables are provided in electronic PDF format, unless otherwise indicated. Final deliverables will be “wet” signed and/or digitally signed in accordance with the Washington Administrative Code (WAC). AGENDA ITEM #5. i) EXHIBIT A pw:\\Carollo/Documents\ 4. Consultant shall complete the services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Washington. 5. The City shall furnish the Consultant available studies, reports and other data pertinent to the Consultant’s services; obtain or authorize the Consultant to obtain or provide additional reports and data as required; furnish to the Consultant services of others required for the performance of the Consultant's services hereunder, and the Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing the Consultant’s services under this Agreement. 6. Opinions of probable costs will be based on the level of project definition and expected accuracy range as defined by the American Association of Cost Engineers (AACE) International. 7. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, the Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from the Consultant’s opinions, analyses, projections, or estimates. 8. The City shall arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services hereunder. 9. The project will use Washington State Department of Transportation (WSDOT) (current City version) Standard Specifications for Road, Bridge, and Municipal Construction and the City’s current Public Works Standards. 10. Specifications will include City standard, “front end” legal and general requirements, and technical special provisions in WSDOT/APWA format (Divisions 0 through 9). 11. Supplemental technical specifications for the project work will be in WSDOT/APWA format. 12. The City will provide AutoCAD templates illustrating City standards for Consultant use. Drawings will be produced in 2D AutoCAD software (City current version). 13. City review comments for deliverables will be received and noted in the original file (e.g., Bluebeam, Word, etc.). Consultant will respond to City review comments in same original file. The original file including City comments and Consultant responses will serve as the Record of Comment for each deliverable. 14. Hour durations for meetings, workshops, and site visits in this Scope of Services are based on estimated time on-site. Allowances for travel time, as appropriate, are accounted for in the budget in Exhibit D. 15. No potholing field work is included in this scope of work. 16. The Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to the City or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, the Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than the Consultant’s subconsultants, that impact project completion and/or success. AGENDA ITEM #5. i) EXHIBIT A pw:\\Carollo/Documents\ 17. The services to be performed by the Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on the Consultant's performance of its services hereunder, and no right to assert a claim against the Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Consultant's services hereunder. SCOPE OF SERVICES SUMMARY Exhibit A establishes the Scope of Services, level of effort, and authorization to complete. This Scope of Services is divided into the following tasks: Task 100 – Project Management Task 200 – Preliminary Design Task 300 – Design Task 400 – Project Bidding Services Task 500 – Envision Initial Assessment Task 600 – ESDC (Future) SCHEDULE This Scope of Services is based on Project bidding in September 2022 and construction beginning in Q4 2022. The anticipated Project schedule is attached as Exhibit C. SCOPE OF SERVICES DETAIL TASK 100 - PROJECT MANAGEMENT The objective of this task is to manage and coordinate engineering and related services required for Project completion in accordance with the schedule, budget, and quality expectations that are established. Task 100 includes the following subtasks: Subtask 110 - Project Management Plan This subtask will develop a Project Management Plan (PMP). The PMP will be created for team member reference and will include schedule updates as necessary. · Conduct a kick-off meeting to discuss the scope of the project and identify and confirm the 2022 Sanitary Sewer Replacement Project criteria and required deliverables. · Prepare a PMP document that describes project roles and responsibilities, lists contact information for the project team, describes communication protocols, quality management, and includes the scope of services, schedule, and budget. Project schedule will be updated as necessary throughout the project to reflect current progress. Subtask 120 – Project Monitoring and Reporting This subtask will manage and report scope, schedule, and budget. · Manage the Project team to track time and budget, work elements accomplished, work items planned for the next period, manpower, scope changes, and time and budget needed to complete this Scope of Services. AGENDA ITEM #5. i) EXHIBIT A pw:\\Carollo/Documents\ · Prepare monthly project status reports that compare work accomplished with schedule activities and compare expenditures with task budgets, and submit reports to the City’s Project Manager with monthly invoices. Subtask 130 – Decision and Record of Comment Log This subtask will keep record of key decisions and City comments and Consultant responses. · Develop and maintain a Decision Log to record key decisions made by the City and others during the project to document the evolution of the design. · Develop and maintain a Record of Comment Log to track City review comments and Consultant’s responses for all project deliverables. Task 100 Assumptions: 1. Project duration will be approximately nine (9) months to target a September 2022 Project advertisement. 2. Consultant will develop meeting materials, agenda, attend meetings, and develop meeting minutes. Task 100 Deliverables: 1. Draft and Final PMP update in PDF format. 2. Monthly invoices and progress reports in PDF format. 3. Decision Log in PDF format. 4. Record of Comment Log in PDF format. 5. Updated project schedules in PDF format. TASK 200 – PRELIMINARY DESIGN The purpose of this task is to establish the final project design criteria and anticipated construction conditions. This task will develop the Project basemap, conduct an alternatives analysis, and compile all preliminary design findings in a Basis of Design Report (BODR). Task 200 includes the following subtasks: Subtask 210 – Survey & Basemap Development · Conduct utility research for project area. · Conduct locates of all buried utilities within project areas including existing laterals. · Conduct topographical survey of Project area including manhole measure downs. Topographical survey will include a combination of aerial photography and ground survey to map the proposed project Sites and develop the basemap. · Produce basemap with all gathered survey data. Subtask 220 – Geotechnical Exploration & Reporting · Conduct geotechnical desktop study at locations that will not require geotechnical explorations. Task will include compiling and reviewing readily available data and mapping material for each Site, with special attention to Sites 1, 2, and 6 where no subsurface explorations will occur. · Plan and conduct a subsurface exploration program consisting of six (6) drilled soil borings in City right-of-way as described below. This task will include marking the boring AGENDA ITEM #5. i) EXHIBIT A pw:\\Carollo/Documents\ locations, submitting public one-call utility notifications, and subcontracting with a private locating service to clear the explorations prior to drilling. A traffic control contractor will provide single-lane closures with flaggers while the drilling completed. Consultant will observe drilling, log soils, and collect samples. One or more of the borings may be equipped with groundwater monitoring well installations, depending on the groundwater conditions encountered during drilling. Samples collected will be submitted for laboratory testing to a qualified geotechnical laboratory. Locations for subsurface exploration are as follows: o Provide one (1) exploration boring on NE 7th Pl in proposed work area between MH 1114 and MH 0976 to analyze geotechnical conditions, including shoring requirements and the presence of groundwater (Site 3). o Provide two (2) exploration boring at Site 4 to analyze geotechnical conditions, including shoring requirements and the presence of groundwater. o Provide one (1) exploration boring at Site 5 to analyze geotechnical conditions, including shoring requirements and the presence of groundwater. o Provide up to two (2) exploration borings at Site 7 geotechnical conditions, including shoring requirements and the presence of groundwater. · Consultant will perform engineering analyses to develop conclusions and recommendations for temporary excavation support, construction dewatering, and trenching and backfilling. Consultant will also evaluate the feasibility of replacing service laterals via trenchless methods. · Consultant will summarize the results of the studies, explorations, analyses, conclusions, and recommendations in a geotechnical engineering report. The report will include: Project and site descriptions, results of the desktop study and subsurface explorations, exploration logs, figures showing the exploration locations, laboratory results, and geotechnical engineering conclusions and recommendations. Subtask 230 – BODR & Alternatives Analysis · Conduct review of the lines and manholes to be replaced including as-built review and select CCTV footage review. · Conduct alternatives analysis on the following Project Sites (all Sites will be included in the final BODR to include 30 percent plans and costs): o Determine if replacement of MH5990 on Kirkland Ave NE as part of fixing the existing sag in the sewer main is warranted (Site 1). o Determine required depth and slope of proposed sewer to replace the backyard sewer system on Site 4. o Coordinate dye testing of existing missing laterals at NE 6th St site, determine location, and determine replacement lateral replacement needs (Site 5). Determine required depth and slope of proposed sewer to serve homes on the north side of NE 6th St. o Determine cause of backwater at MH 0579 and MH 06471 on Taylor Ave NW and determine most viable alternative to remedy the issue (Site 6). o Determine replacement for 6” sanitary line running behind homes west of Monroe Ave NE (Site 7). o Determine if replacement of laterals using a trenchless construction method is feasible. AGENDA ITEM #5. i) EXHIBIT A pw:\\Carollo/Documents\ · Conduct a workshop with the City to identify criteria and weighting factors to be used as part of the alternative analysis and selection of the preferred alternative. · Summarize preliminary design findings in Draft BODR, including 30 percent level plans and a specifications table of contents. · Conduct City review meeting for Draft BODR. · Produce Final BODR. Task 200 Assumptions: 1. Topographical surveying will be completed using a combination of aerial photography supplemented with conventional ground surveying to pick up visible utility markings, sewer manholes and cleanouts, including invert measurements when accessible. 2. Base mapping will include 1”=20’ scale with 1-foot contours. 3. No potholing field work is included in this scope of work. 4. Desktop geotechnical studies will include readily available geologic and topographic maps, LIDAR, aerial photography, and results of previous nearby explorations performed by others. 5. Every precaution will be taken to avoid existing utilities during geotechnical explorations; however, Consultant does not assume responsibility for the cost of repairing utilities that are unmarked or incorrectly marked. 6. All geotechnical explorations will be completed within City right-of-way and no private property access will be required. 7. Permits required for the geotechnical explorations will be provided by the City. 8. City staff will conduct field work for the required dye testing. 9. This scope of work assumes that all lateral locating will be completed using a tractor camera in the mainline and then launching a satellite camera up the lateral where it will be located on the surface. The locates will be completed as far as the camera can traverse. No attempts will be made to locate the lateral from within the residence as part of this scope of work. 10. Inspection reports and CCTV footage of the proposed work areas will be provided by the City. 11. City of Renton drafting standards will be utilized and obtained from the City’s website. 12. Linescape, LLC will perform an alternatives analysis for the trenchless replacement of laterals and will conduct all necessary design locates under this contract. Task 200 Deliverables: 1. Draft and Final Project Geotechnical Report. 2. Draft and Final BODR. TASK 300 – DESIGN The purpose of this task is to develop plans, specifications, and opinions of probable construction cost for bidding and construction of the Project. The design process will include design package submittals at the 60%, 90%, and Final phases. This task also includes permitting and public outreach support to aid the City during the design approval process. Subtask 310 – Design (60%, 90%, Final) · Prepare 60% design documents to include drawings, specifications, and Engineer’s opinion of probable construction cost (OPCC). · Prepare 90% design documents to include drawings, specifications, and Engineer’s OPCC. AGENDA ITEM #5. i) EXHIBIT A pw:\\Carollo/Documents\ · Conduct City review meetings at the 60% and 90% design phases. · Perform internal QA/QC at each design phase. · Prepare Final bid-ready drawings, specifications, and Engineer’s OPCC. Subtask 320 – Permitting Support · Create figures, project descriptions, and other project information to support the City led permitting process. Subtask 330 – Public Outreach Support · Provide assistance to City, as necessary, to facilitate right-of-entry for project preliminary design, design, and bidding processes. · Create figures, project descriptions, and other project material to support City led public outreach. Task 300 Assumptions: 1. No SEPA process or stormwater permit will be required for the Project. Permitting assistance will be limited to the hour estimate provided in Exhibit D. Additional permitting assistance beyond the estimated hours will be completed on a time and material basis and will require an amendment to this agreement. 2. No traffic control plans will be developed during design and the selected contractor will be responsible for preparing traffic control plans required by the City. 3. The City will obtain the Civil Construction permit and any other required permits for the Project. 4. The City will lead all right-of-entry and public outreach efforts including contacting residents. 5. Any public outreach materials required for the Project will be distributed and managed by the City. Public outreach assistance will be limited to the hour estimate provided in Exhibit D. Additional public outreach assistance beyond the estimated hours will be completed on a time and material basis and will require and amendment to this agreement. 6. Consultant attendance at public meetings or an open house is not anticipated for the Project. Task 300 Deliverables: 1. City review comment response logs in Excel format at each design phase submittal. 2. Internal (Carollo) review comment log or similar for QA/QC record at each design phase submittal. 3. 60% drawings, specifications, and OPCC in PDF format. 4. 90% drawings, specifications, and OPCC in PDF format. 5. Final bid-ready drawing and specifications stamped and signed by the engineers of record and OPCC. Files will be provided via PDF. Up to two (2) hard copies of full size 22 inch x 34 inch plan sets, and up to five (5) copies of half size 11 inch x 17 inch plan sets, double-sided 8. 5 inch x 11 inch specifications, will also be provided. 6. AutoCAD file of Final design. AGENDA ITEM #5. i) EXHIBIT A pw:\\Carollo/Documents\ TASK 400 – BIDDING SERVICES Following completion of Task 300, the project will be bid and the Consultant shall provide Bidding Services to assist the City with the bidding process. This task includes: · Answering bidder questions · Preparing addenda and/or bid clarifications · Providing input on the apparent low bidder. Task 400 Assumptions: 1. Attendance at a pre-bid walkthrough his not required. 2. Up to two (2) addenda and/or bid clarifications required. 3. Up to six (6) bidder questions responses required. Task 400 Deliverables: 1. Bidder question responses. 2. Addenda (as required). TASK 500 – ENVISION INITIAL ASSESSMENT The purpose of this task is to perform an Envision initial assessment of the Project to determine a preliminary rating and identify where there are opportunities (e.g., design modifications, stakeholder engagement, etc.) for a potential increase in rating. Subtask 510 – Initial Assessment · Prepare template spreadsheet and evaluate the probable baseline score for each of the 64 credits and overall project award (platinum, gold, silver, or verified). The evaluation will be conducted in at least three (3) working sessions with the City and Carollo staff. · Identify credits where there are opportunities for potential increase, whether there are additional cost requirements, and the impact to the award level. Subtask 520 – Meetings · There will be at least two (2) meetings – one to kick off the task and one to summarize the results of the initial assessment. Subtask 530 – Technical Memorandum Preparation and Quality Management Review · Quality manager review of the initial assessments and findings. · Draft and final technical memorandum preparation (which includes addressing City feedback on the Draft). The technical memorandum will summarize the initial assessment process and results, as well as list the recommendations for improving the Project score. Task 500 Assumptions: 1. The initial assessment will be conducted without an alternatives analysis report, CEQA report, design information, or other background documents. 2. The initial assessment will be conducted through working sessions with City staff , and assessing each credit. AGENDA ITEM #5. i) EXHIBIT A pw:\\Carollo/Documents\ Task 500 Deliverables: 1. Draft and final versions of the technical memorandum. 2. Presentations for the task kickoff meeting and the final meeting summarizing the initial assessment results. AGENDA ITEM #5. i) "Site 1" AGENDA ITEM #5. i) "Site 2" AGENDA ITEM #5. i) "Site 3"AGENDA ITEM #5. i) "Site 4"AGENDA ITEM #5. i) "Site 5"AGENDA ITEM #5. i) "Site 6" AGENDA ITEM #5. i) "Site 7" AGENDA ITEM #5. i) EXHIBIT B CAROLLO ENGINEERS, INC. FEE SCHEDULE As of January 1, 2022 Engineers/Scientists Hourly Rate Staff Professional $130.00 to 160.00 Lead Professional $160.00 to 190.00 Senior Professional $190.00 to 210.00 Supervisory Professional $210.00 to 240.00 Quality Manager $240.00 to 260.00 Project Manager $210.00 to 240.00 Technicians GIS/CAD Technician $130.00 to 150.00 Support Staff Document Processing / Clerical $90.00 to 110.00 Project Equipment Communication Expense (PECE) Per DL Hour 13.00 Other Direct Expenses Airfare based on regular coach fare at cost Hotel based on corporate rate for a single room for one person Mileage at IRS Reimbursement Rate Effective January 1, 2022 at cost $.585 per mile Subconsultant at cost + 10% Other Direct Cost (invoiced per occurrence with backup) at cost + 5% Expert Witness Rate x 2.0 This fee schedule is subject to annual revisions due to labor adjustments. AGENDA ITEM #5. i) ID Task NameDuration Start Finish Predecessors1NTP0 daysSun 2/27/22Sun 2/27/222TASK 100: PROJECT MANAGEMENT155 daysMon 2/28/22Fri 9/30/2213TASK 200: PRELIMINARY DESIGN75 daysMon 2/28/22Fri 6/10/2214Subtask 210: Survey & Basemap Development35 daysMon 2/28/22Fri 4/15/2215Subtask 220: Geotechnical Explorations & Reporting35 daysMon 2/28/22Fri 4/15/2216Subtask 230: BODR & Alternatives Analysis 40 daysMon 4/18/22Fri 6/10/224,57Draft BODR25 daysMon 4/18/22Fri 5/20/2258Final BODR15 daysMon 5/23/22Fri 6/10/2279TASK 500: ENVISION INTIAL ASSESSMENT41 daysFri 4/29/22Fri 6/24/2217TASK 300: DESIGN75 daysMon 6/13/22Fri 9/23/2218Subtask 310 – Design (60%, 90%, Final)75 daysMon 6/13/22Fri 9/23/2261960% Design Submittal35 daysMon 6/13/22Fri 7/29/2282090% Design Submittal20 daysMon 8/1/22Fri 8/26/221921Final Design Submittal20 daysMon 8/29/22Fri 9/23/222022Subtask 320: Permitting Support75 daysMon 6/13/22Fri 9/23/22823Subtask 330: Public Outreach Support75 daysMon 6/13/22Fri 9/23/22824TASK 400: BIDDING SERVICES 33 daysWed 8/24/22Fri 10/7/2217,1825Advertise Project0 daysMon 8/29/22Mon 8/29/2226Open Bids0 daysTue 9/13/22Tue 9/13/2227Award Project0 daysFri 10/7/22Fri 10/7/22NTP8/299/1310/72/203/63/204/34/175/15/155/296/126/267/107/248/78/219/49/1810/210/16March 1April 1May 1June 1July 1August 1September 1October 12019-2020 Sanitary Sewer Rehabilitation and Replacement ProjectSOW Exhibit CAGENDA ITEM #5. i) City of Renton2022 Sewer Replacement Project2/8/2022PM QM Envision QM PE Envision PE Staff Eng CAD/Graphics WPWaligorski Taylor Deslauries Wong Busch Horio Hawes McPhail PECE Total Labor Rate230.00$ 245.00$ 245.00$ 180.00$ 165.00$ 145.00$ 140.00$ 100.00$ $13.00 110Project Management Plan88 4 424 4,260$ -$ -$ -$ -$ 312$ 312$ 4,572$ 120Project Monitoring and Reporting72246102 21,480$ 2,300$ 2,300$ 230$ 2,530$ -$ 1,326$ 1,326$ 25,336$ 130Decision and Record of Comment Log1624 1252 9,740$ -$ -$ -$ -$ 676$ 676$ 10,416$ Subtotal - Task 100 96 0 0 56 0 16 0 10 178 35,480$ 0 -$ 0 2,300$ 0 -$ 2,300$ 230$ 2,530$ -$ 2,314$ 2,314$ 40,324$ 210Survey & Basemap Development4 0 0 32 0 28 8 0 72 11,860$ 274 59,128$ 130 27,350$ 86,478$ 8,648$ 95,126$ -$ 936$ 936$ 107,922$ Conduct utility research for project area.28 16Conduct locates of all buried utilities within project areas .8 4Conduct topographical survey of Project area including manhole measure downs.8 4Produce basemap with all gathered survey data. 28 4 8220Geotechnical Exploration & Reporting8 0 0 12 0 0 0 0 20 4,000$ 47,600$ 47,600$ 4,760$ 52,360$ 100$ 260$ 360$ 56,720$ Conduct geotechnical desktop study at locations that will not require explorations. 24Conduct geotechnical exploration borings at select sites24100$ Summarize findings in project geotechnical report. 44230Basis of Design Report (BODR)36 16 0 152 0 52 76 20 352 59,740$ 110 10,450$ 10,450$ 1,045$ 11,495$ 100$ 4,576$ 4,676$ 75,911$ Conduct review of as-builts and select CCTV footage.48Conduct alternatives analysis for select Project Sites 8 4 60 16Determine design criteria and constraints based on the conducted alternatives analysis. 48 450$ Summarize preliminary design findings in Draft BODR, including 30 percent level plans. 8 8 48 16 60 12Conduct City review meeting for Draft BODR. 4450$ Produce Final BODR. 8 4 24 16 16 8Subtotal - Task 200 48 16 0 196 0 80 84 20 444 75,600$ 274 59,128$ 0 47,600$ 240 37,800$ 144,528$ 14,453$ 158,981$ 200$ 5,772$ 5,972$ 240,553$ 310Design (60%, 90%, Final)48 24 0 172 0 52 248 48 592 94,940$ -$ -$ -$ 100$ 7,696$ 7,796$ 102,736$ Prepare 60% design documents16 12 80 24 144 16Conduct 60% City review meeting4450$ Prepare 90% design documents16 12 60 16 80 16Conduct 90% City review meeting4450$ Prepare Final design documents824 12 24 16320Permitting Support4 0 0 16 0 8 16 4 48 7,600$ -$ -$ -$ -$ 624$ 624$ 8,224$ Create figures, project descriptions, and other project material to support the City.416 8 16 4330Public Outreach Support8 0 0 32 0 8 32 4 84 13,640$ -$ -$ -$ 200$ 1,092$ 1,292$ 14,932$ Provide assistance to City, as necessary, to facilitate right-of-entry for project preliminary design, design, and bidding processes. 416 8 16100$ Create figures, project descriptions, and other project information to support City led public outreach. 41616 4100$ Subtotal - Task 300 48 24 0 172 0 52 248 48 724 116,180$ 0 -$ 0 -$ 0 -$ -$ -$ -$ 300$ 9,412$ 9,712$ 125,892$ Answer bidders questions81624 4,720$ -$ -$ -$ -$ 312$ 312$ 5,032$ Prepare addenda (up to two (2))81616 444 7,360$ -$ -$ -$ -$ 572$ 572$ 7,932$ Assist City with bid evaluation 4812 2,360$ -$ -$ -$ -$ 156$ 156$ 2,516$ Subtotal - Task 400 20 0 0 40 0 0 16 4 80 14,440$ 0 -$ 0 -$ 0 -$ -$ -$ -$ -$ 1,040$ 1,040$ 15,480$ 510Initial Assessment4 8 4 3652 9,540$ -$ -$ -$ -$ 676$ 676$ 10,216$ 520Meetings2 4 2 614 2,790$ -$ -$ -$ -$ 182$ 182$ 2,972$ 530Technical Memorandum Preparation and Quality Management Review4 8 4 208 44 7,700$ -$ -$ -$ -$ 572$ 572$ 8,272$ Subtotal - Task 500 10 0 20 10 62 0 0 8 110 20,030$ -$ -$ -$ -$ 1,430$ 1,430$ 21,460$ Total222 40 20 474 62 148 348 90 1,536 261,730$ 274 59,128$ 0 49,900$ 240 37,800$ 146,828$ 14,683$ 161,511$ 500$ 19,968$ 20,468$ 443,709$ Aspect Labor Hours Aspect Cost Linescape Labor Hours Linescape Cost EXHIBIT D Sub Markup @ 10% Task 400 - Project Bidding ServicesTotal Hours Carollo Labor Cost Sub Total Cost KPG Labor Hours KPG Cost Travel and Printing Task 200 - Preliminary Design TOTAL COST OTHER DIRECT COSTS Total ODC Total Cost Task 100 - Project ManagementTask 300 - DesignTASK / DESCRIPTIONTask 500 - Envision Initial Assessment1AGENDA ITEM #5. i) 1  CITY OF RENTON, WASHINGTON    RESOLUTION NO. ________  A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, PROCLAIMING AN  EMERGENCY.     WHEREAS, the Mayor is empowered to proclaim the existence or threatened existence  of a local emergency in the City, when the City is affected or likely to be affected by a major  emergency or natural disaster; and   WHEREAS, the City of Renton has experienced significant impacts from a severe storm  event, State Mission Number 22‐0760, which began impacting Washington State on February  27, 2022, producing extreme rainfall resulting in saturated soils, landslides, stream bank and  slope erosion, fallen trees, and damaged roads; and  WHEREAS, City staff from multiple departments were required to transition to emergency  operations; and    WHEREAS, the potential exists for the severe storm event to produce significant impacts  to public property and critical infrastructure in the City; and  WHEREAS, Mayor Armondo Pavone and the City Council are requested by the Public  Works Department to proclaim the existence of a local emergency therein; and  WHEREAS, on March 3, 2022, the Mayor proclaimed an emergency, attached hereto as  Exhibit A.    NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  RESOLVE AS FOLLOWS:  SECTION I. The above recitals are adopted as findings.  AGENDA ITEM # 7. a) RESOLUTION NO. ________  2 SECTION II. An emergency did exist at the time of the proclamation of emergency by  Mayor Armondo Pavone.  By these written recitals and findings, the City Council does hereby  ratify and approve the Mayor’s emergency proclamation, attached hereto as Exhibit A.    PASSED BY THE CITY COUNCIL this ______ day of ___________________, 2022.              ______________________________          Jason A. Seth, City Clerk     APPROVED BY THE MAYOR this ______ day of _____________________, 2022.              ______________________________          Armondo Pavone, Mayor      Approved as to form:            Shane Moloney, City Attorney    Date of Publication: ________    RES – EM/PW:1904:3/7/22                                  AGENDA ITEM # 7. a) RESOLUTION NO. ________  3           EXHIBIT A  PROCLAMATION OF EMERGENCY                                AGENDA ITEM # 7. a) ArmondoPavoneMayorWHEREAS,intheCityofRenton,StateofWashington,theMayorisempoweredtoproclaimtheexistenceorthreatenedexistenceofalocalemergencyinthecity,whenthecityisaffectedorlikelytobeaffectedbyamajoremergencyornaturaldisaster;andWHEREAS,theCityofRentonhasexperiencedsignificantimpactsfromaseverestormevent,StateMissionNumber22-0760,whichbeganimpactingWashingtonStateonFebruary27,2022,producingextremerainfallresultinginsaturatedsoils,landslides,streambankandslopeerosion,fallentrees,anddamagedroads;andWHEREAS,CityofRentonstafffrommultipledepartmentswererequiredtotransitiontoemergencyoperations;andWHEREAS,thepotentialexistsfortheseverestormeventtoproducesignificantimpactstopublicpropertyandcriticalinfrastructureinthecity;andWHEREAS,PublicWorksAdministrator,MartinPastucharequeststhatMayorArmondoPavoneproclaimtheexistenceofalocalemergencytherein;andWHEREAS,MayorPavonefindsthatconditionsofperiltothesafetyofpublicpropertyandcriticalinfrastructurehavearisenwithinthecity,andthattheseconditionsaretheresultofheavyrainfallwhichproducedlocalizedflooding,damagetoroadwaysandothercriticalinfrastructure,andthattheperilsareanticipatedtocontinueforanunknownnumberofdays.NOWTHEREFORE,I,ArmondoPavone,MayoroftheCityofRenton,proclaimthatanemergencyexistsintheCityofRentonandproclaimasfollows:1.Theaboverecitalsarefoundtobetrueandcorrectinallrespect.2.Itisherebyproclaimedthatduringtheexistenceofsaidlocalemergency,thepowers,functions,anddutiesnecessarytostabilizeandcontrolsaidincidentareherebygiventoPublicWorksAdministrator,MartinPastuchaandhissuccessorordelegate,toaddresswithintheirrespectiveareasofresponsibilities.3.EachCityofRentonDepartmentisauthorizedtoexercisepowersvestedunderthisproclamationinlightoftheexigenciesofanextremeemergencysituation,includingbutnotlimitedtoseekingaid,staffingneeds,accommodationsandoperations,doingwhatCityofRentonProclamationofEmergencyRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM # 7. a) isnecessaryinordertoprotectpublicpropertyandcriticalinfrastructure,andotheremergencyactionsthatmaybedeemednecessary.4.PursuanttotheprovisionsofRCW39.04.280andCityofRentonPolicyandProcedure250-02,paragraph6.10,thePublicWorksDepartment,byandthroughthePublicWorksAdministrator,MartinPastucha,isauthorizedtowaivecompetitivebiddingrequirementsandawardallnecessarycontractsonbehalfoftheCityofRentontoaddresstheemergencysituationandthosethatmayariseasaresultofit.Inemergencysituations,RCW39.04.280requiresthatawrittenfindingoftheexistenceofanemergencybemadebytheCityCouncilandenteredintothepublicrecordnolaterthantwoweeksfollowingtheawardofthecontract.5.Allnecessaryandappropriateemergencyassistanceshallbeprovidedtothevictimsofsuchdisaster.6.Thislocalemergencyshallbedeemedtocontinueforaperiodof30daysunlessextendedbytheMayorandCityCouncil.DatedMarch2,2022nPeayAttest:JanSeth,CityClerk1055SouthGradyWay,Renton,WA98057rentonwa.govAGENDA ITEM # 7. a)   1  CITY OF RENTON, WASHINGTON    ORDINANCE NO. ________    AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A  PORTION OF CHELAN AVENUE NE AT APPROXIMATELY THE 1100TH BLOCK OF  CHELAN AVENUE NE, NORTH OF NE 10TH STREET. (CHELAN AVE STREET  VACATION; VAC‐21‐001.)    WHEREAS, a petition was filed with the City Clerk, pursuant to the requirements of  chapter 35.79 RCW, petitioning for the vacation of a portion of Chelan Avenue NE, and that  petition was signed by the owners representing more than two‐thirds (2/3) of the property  abutting upon the portion of street to be vacated; and  WHEREAS, the City Council, by Resolution No. 4451, passed on November 1, 2021, set  November 22, 2021, at 7:00 p.m., by means of the Zoom video conferencing web application  as the time and place for a public hearing on this matter; and the City Clerk gave proper notice  of this public hearing as provided by law, and all persons were heard who appeared to testify  in favor or in opposition on this matter, and the City Council considered all information and  arguments presented to it to determine whether the vacation is in the public interest, whether  the property is not required for overall circulation of traffic within the City, and that the  requested vacation is not detrimental to the public health, safety and general welfare; and  WHEREAS, the Administrator of the Community and Economic Development  Department has considered this petition for vacation, and has found it to be in the public  interest and for the public benefit, and that it is unlikely that injury or damage to any person  or properties will result from this vacation; and  AGENDA ITEM # 7. b) ORDINANCE NO. ________    2  WHEREAS, on March 14, 2022, the City Council determined that the vacation should  be granted, and adopted the recommendation of the Community and Economic Development  Department to set compensation pursuant to Renton Municipal Code 9‐14‐5.B at zero dollars  ($0) for the right‐of‐way vacation in consideration of two mutually agreed right‐of‐way  dedications from the Petitioner;  NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO  ORDAIN AS FOLLOWS:  SECTION I. The following described portion of Chelan Avenue, to wit:  A Portion of Chelan Avenue NE at Approximately the 1100th Block of Chelan  Avenue NE, North of NE 10th Street.    See full legal description in Exhibit “A” and depiction in Exhibit “B,” attached hereto  and made a part hereof as if fully set forth herein, is hereby vacated.  SECTION II. Upon recommendation of the Community and Economic Development  Department, and in consideration of the value of the mutually agreed right‐of way  dedications, compensation is hereby set at zero dollars ($0) for this right‐of‐way vacation.  SECTION III. This ordinance shall be in full force and effect five (5) days after  publication of a summary of this ordinance in the City’s official newspaper.  The summary shall  consist of this ordinance’s title.      A certified copy of this ordinance shall be filed with the King County Recorder’s Office,  and as otherwise provided by law.  AGENDA ITEM # 7. b) ORDINANCE NO. ________  3  PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.  Jason A. Seth, City Clerk  APPROVED BY THE MAYOR this _______ day of _____________________, 2022.  Armondo Pavone, Mayor  Approved as to form:  Shane Moloney, City Attorney  Date of Publication:   ORD‐CED:2204:3/1/22  AGENDA ITEM # 7. b) EXHIBIT "A" (RIGHT-OF-WAY VACATION) THE WEST 30.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; TOGETHER WITH WEST 12.00 FEET OF THE NORTH 77.05 FEET OF SOUTH 148 FEET OF THE NORTH 258.04 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; CONTAINING 10,234 SQUARE FEET, OR 0.23 ACRES MORE OR LESS. AGENDA ITEM # 7. b) EXHIBIT "B" NE 12TH STREET 30’ EASEMENT FOR INGRESS AND EGRESS AFN 4503591 30’ WATER PIPES EASEMENT REC. NO. 4732276 137TH AVE. SE PUBUC 137TH AVE. SE PUBUC 30’ ROAD AND UTILITY EASEMENT REC. NO. 7204120016 18’ WATER EASEMENT REC. NO. 4732272 30’ WATER PIPES EASEMENT REC. NO. 4732271 S88' 34’ 08"E 12.00’ 30’ in CM 18' ___L____ /V£ lOTH STREET 22^5 North 30th Street, t b*.'’ Suite 300, Tacoma, WA 98403 253.383.2422 TEL S88' 34’ 08”E 30.01’ SOO' 03’ 48’’E 77.05’ S88' 36 30 E 30.01’ ELECTRICAL EASEMENT AS CONSTRUCTED WITHIN WEST 30’ REC. NO. 20030724002367 s LN NWjNEiNWj N LN SW^.NELn’w^ 30 12’ RIGHT-OF-WAY FROM KING COUNTY TO CITY OF RENTON REC. NO. 20050823000001 N 1”=200’ JOB NO. 2200373 September 18, 2020 RIGHT-OF-WAY VACATION LEGAL BY: SAR EXHIBIT BY: SAR w: \sdskproj\2020\2200373\2200373_row vacation exhibit mop.dwg SO' 03' 48”E 458.21’ niHIB L 253.383.2572 FAX THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFUCT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH. THE LEGAL DESCRIPTION SHALL PREVAIL AGENDA ITEM # 7. b)