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HomeMy WebLinkAboutRegular Council - 13 Jan 2014 - Agenda - PdfAGENDA RENTON CITY COUNCIL REGULAR MEETING January 13, 2014 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATIONS a. Recognition of Renton Rotary Club's Support of the Meadow Crest Playground b. Renton Community Foundation's Presentation of Grants to the Fire & Emergency Services Department and Senior Activity Center 4.ADMINISTRATIVE REPORT 5.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The first comment period is limited to one-half hour. The second comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 6.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 1/6/2014. Council concur. b. Administrative Services Department recommends approval of a 20-year Conduit Use Agreement with Zayo Group, LLC to allow the company to utilize City-owned conduits in exchange for fiber optic extension, wiring, and termination at six intersections, Gene Coulon Memorial Beach Park, the Long Lift Station, and provision of six strands of fiber from Tukwila to Seattle for City use. Refer to Finance Committee. c. Court Case filed by Raymond Cummings in King County District Court (Small Claim #642- 1000) vs. City of Renton, regarding a rejected Claim for Damage (CL-12-002) for tree-related property damages. Refer to City Attorney and Insurance Services. d. Community and Economic Development Department submits 60% Petition to Annex for the proposed Alpine Nursery Annexation and recommends a public hearing be set on 1/27/2014 to consider the petition and proposed zoning; 17.1 acres bordered by Renton City limits at the north and west, by parcel lines and 160th Ave. SE to the west, and parcel lines in proximity of SE 146th Pl. to the south. Council concur. e. Community Services Department recommends approval of Amendment III to the Landowner Collaboration for Knotweed Control on the Cedar River Project agreement with King Conservation District to accept $100,026 in grant funds and extend the agreement through 12/31/2016; and authorize the project budget adjustment. Refer to Finance Committee. f. Fire & Emergency Services Department recommends approval of an interagency agreement with the Washington State Patrol regarding reimbursement of certain costs associated with the Page 1 of 89 Washington State Fire Services Resource Mobilization Plan. Council concur. (See 8.a. for resolution.) g. Human Resources and Risk Management Department recommends approval of the reclassification of two positions in the Community Services Department (Golf Course Superviser, m21 to m22; and Golf Professional, m20 to m22) retroactive to 1/1/2013 with salary grade increases covered by the 404 Golf Course Enterprise Fund; and one position in the Public Works Department (Capital Project Coordinator to Civil Engineer III, a25 to a28) effective 1/1/2014 with salary grade increase covered by departmental budget. Refer to Finance Committee. h. Transportation Systems Division submits CAG-13-118, Eastside GA Apron Rehabilitation project; and requests approval of the project, final pay estimate in the amount of $186,814.40, commencement of a 60-day lien period, and release of retainage in the amount of $8,938.73 to ICON Materials, contractor, if all required releases are obtained. Council concur. i. Transportation Systems Division recommends approval of an agreement with the Washington State Transportation Improvement Board to accept $4,618,248 for the Logan Ave. N. (Cedar River Bridge to N. 6th St.) Improvement project. City match is $1,154,562. Refer to Transportation (Aviation) Committee. 7.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Planning & Development Committee: Legalized Marijuana Work Program 8.RESOLUTIONS AND ORDINANCES Resolution: a. Interlocal agreement with the Washington State Patrol regarding Washington State Fire Services Resource Mobilization Plan reimbursement costs (See 6.f.) 9.NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10.AUDIENCE COMMENT 11.ADJOURNMENT Page 2 of 89 COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7TH FLOOR CONFERENCING CENTER January 13, 2014 Monday, 4 p.m. Frequency of Council Meetings; Other Council-related Items (including 6-year Street Plan and topics for Council retreat) • 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 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 3 of 89 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Zayo Conduit Use Agreement Meeting: Regular Council - 13 Jan 2014 Exhibits: Issue Paper Zayo Conduit Space Use Agreement Final Exhibit A for Agreement 12-20-13 - Final Exhibit B for Agreement 12-20-13 - Final Zayo Certifying Statement 12-23-13 Attachment 1 - Fiber Design 12-20-13 Submitting Data: Dept/Div/Board: Administrative Services Staff Contact: Mehdi Sadri, IT Director x-6886 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Zayo Group LLC. Is a national fiber optic service provider and is interested in extending their fiber network from the NW corner of Wells Ave. N and N 1st Street to the east of Garden Ave N at Lake Washington Boulevard N to Houser Way N. for a total of approximately 9700 Feet. In order to reduce cost and expedite the work Zayo has approached the city to utilize city conduits along this route. City has identified capacity in existing conduits along this path for Zayo to use. In exchange, Zayo will complete fiber optic extension, wiring, and termination in 6 intersections, Coulon Park, Long Lift Station and provide 6 strands of fiber from Tukwila to Seattle for the city's use. STAFF RECOMMENDATION: Approve and authorize the Mayor and City Clerk to sign the Zayo Conduit Use Agreement. 6b. - Administrative Services Department recommends approval of a 20-Page 4 of 89 FINANCE AND INFORMATION TECHNOLOGY M E M O R A N D U M DATE:January 06, 2014 TO:Don Persson , Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Mehdi Sadri, Information Technology Director STAFF CONTACT:Ronald Hansen, Network Systems Manager SUBJECT:Zayo Conduit Use Agreement, from the NW corner of Wells Ave. N and N 1st St on the north side of N 1st St to the east of Garden Ave N @ Lake Washington Dr. to Houser Way N. ISSUE: Should the City approve Agreement with the Zayo Group LLC. to share City underground conduit in exchange for fiber optic cabling within and outside the City limits? RECOMMENDATION: Staff recommends approval of the Consortium project agreement. BACKGROUND SUMMARY: Zayo Group LLC. is a regional and national fiber optic service provider and is interested to extend their fiber network from the NW corner of Wells Ave. N and N 1st St on the north side of N 1st St to the east of Garden Ave N @ Lake Washington Dr. to Houser Way N. Approximately 9700 Feet. In order to reduce cost and expedite the work, Zayo has approached the city to utilize city conduits. City has identified capacity in existing conduits for Zayo to use as well as fiber optic wiring and termination in 6 intersections, Coulon Park, Lift station, and 6 strands for fiber from Tukwila to Seattle for city’s use (this agreement). CONCLUSION: Staff recommends that the City Council approve the agreement and authorize the Mayor and City Clerk to sign the Zayo Conduit Use Agreement to be executed with participating parties. 6b. - Administrative Services Department recommends approval of a 20-Page 5 of 89 cc: Iwen Wang, Finance and Information Technology administrator Mehdi Sadri, Information Technology Director Bonnie Walton, City Clerk 6b. - Administrative Services Department recommends approval of a 20-Page 6 of 89 Page 1 of 15 CONDUIT SPACE LEASE AGREEMENT Between CITY OF RENTON AND ZAYO GROUP, LLC This Conduit Space Lease Agreement (“Agreement”) is effective on the later date executed by both parties (“Effective Date”) and is entered into by and between the City of Renton (“Renton”), a noncharter code city under RCW 35A, and a municipal corporation of the State of Washington, and Zayo Group, LLC, a Delaware limited liability corporation (“Zayo”). Recitals WHEREAS, Zayo is a telecommunications company, as defined in RCW 80.04.010, and WHEREAS, Zayo is a franchised Telecommunications service provider within the City of Renton, pursuant to Ordinance No.5497, and WHEREAS, Zayo has requested authorization from Renton to place Zayo fiber optic cable within a city-owned conduit path from an existing 25-TA vault on the NW corner of Wells Ave. N and N 1st St on the north side of N 1st St to approximately 400 conduit feet south of the Park Ave. N overpass over the BNSF RR tracks, and WHEREAS, the specific city conduit pathway addressed herein runs from an existing 25-TA vault on the NW corner of Wells Ave. N and N 1st St on the north side of N 1st St in a 2 inch street lighting conduit to the NE corner of N 1st and Burnett Ave. N, into a 3 inch conduit with 3 each existing 1 inch innerduct, crossing under Burnett to the west side of the street, north on the west side of Burnett Ave. N to the SW corner of N 3rd St, westerly on N 3rd St approximately 275 feet, crossing under N 3rd St as it sweeps from north to east to the east side of Logan Ave N, north on the east side of Logan Ave. N to the SE corner of N 4th St, into a 4 inch conduit running north on the east side of Logan Ave. N to N 8th St while connecting to the signal N 6th St, east on the south side of N 8th St to the SE corner of Park Ave. N, north on the east side of Park Ave. N to the NE corner of Park Ave. N, Park Ave. N and Logan Ave. N, easterly on the north side of Park Ave. N to the NE corner of Park Ave. N, Garden Ave., N and Lake WA Blvd. N, into a 2 inch street lighting conduit on the east side of Lake WA Blvd., northeasterly on the east/south side of Lake WA Blvd. as it sweeps to the east approximately 500 feet while sweeping onto the south side of Houser Way N which merges onto Lake WA Blvd. N, easterly under the BNSF RR in the street lighting conduit to the easterly side of Houser Way N, southerly on the easterly side of Houser Way N to the last street light on the conduit approximately 400 conduit feet south of the Park Ave. N overpass over the BNSF RR tracks. Total distance in existing conduit is approximately 8,700 feet. Conduit terminates on the east side of Houser Way N., and WHEREAS, Renton and Zayo each desire to enter into this Conduit Space Lease Agreement in order to facilitate Zayo’s provision of telecommunications services, and 6b. - Administrative Services Department recommends approval of a 20-Page 7 of 89 Page 2 of 15 WHEREAS, Zayo will provide in-kind services as consideration for such conduit use, as more particularly described in Exhibit A. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties agree as follows: 1.Definition; Notices; Exhibit As used in this Agreement, the following terms have the following meaning: 1.1 (A) “Zayo Affiliates” means an entity controlling, controlled by, or under common control with Zayo Group, LLC. (B) “Renton Affiliates” means any (i) public agency (including any municipal corporation) with which Renton has a valid and effective Interlocal Agreement pursuant to and in accordance with RCW 39.34; or (ii) public service nonprofit organization with which Renton has a valid and effective fiber use agreement for provision of services. 1.2 “City Fiber” means the fiber optic cable installed by Zayo for the use or ownership of Renton pursuant to the terms of this Agreement, as identified in Exhibit A hereto. 1.3 “Conduit” means pre-existing conduit located in and under the public right-of- way in the City of Renton, King County, Washington in the specific location described and depicted on Exhibit B to this Agreement. 1.4 “Zayo Innerduct” means the innerduct within the Conduit into which Zayo may install fiber optic cable. 1.5 “IRU” means an indefeasible right of use pursuant to the terms and conditions of this Agreement. 1.6 “Zayo Fiber” means the 144 strands of fiber optic cable installed by Zayo for the use or ownership of Zayo pursuant to the terms of this Agreement. 1.7 “Notice Addresses” mean: If to Renton: IT Director City of Renton 1055 S. Grady Way Renton, WA 98057 6b. - Administrative Services Department recommends approval of a 20-Page 8 of 89 Page 3 of 15 If to Zayo: Zayo Group, LLC 1805 29th Street Boulder, CO 80301 Attn: General Counsel, ZFTI 1.8 “Override” shall mean where one party’s fiber optic cable is placed alongside existing fiber optic cable of the other party; i.e., not in a separate innerduct. 2.Conduit Use 2.1 Grant. Subject to the terms and conditions herein, Renton hereby leases to Zayo space in Renton’s Conduit running from an existing25-TA vault on the NW corner of Wells Ave. N and N 1st St on the north side of N 1st St in a 2 inch street lighting conduit to the NE corner of N 1st and Burnett Ave. N, into a 3 inch conduit with 3 each existing 1 inch innerduct crossing under Burnett to the west side of the street, north on the west side of Burnett Ave. N to the SW corner of N 3rd St, westerly on N 3rd St approximately 275 feet, crossing under N 3rd St as it sweeps from north to east to the east side of Logan Ave N, north on the east side of Logan Ave. N to the SE corner of N 4th St, into a 4 inch conduit running north on the east side of Logan Ave. N to N 8th St while connecting to the signal N 6th St, east on the south side of N 8th St to the SE corner of Park Ave. N, north on the east side of Park Ave. N to the NE corner of Park Ave. N, Park Ave. N and Logan Ave. N, easterly on the north side of Park Ave. N to the NE corner of Park Ave. N, Garden Ave., N and Lake WA Blvd. N, into a 2 inch street lighting conduit on the east side of Lake WA Blvd., northeasterly on the east/south side of Lake WA Blvd. as it sweeps to the east approximately 500 feet while sweeping onto the south side of Houser Way N which merges onto Lake WA Blvd. N, easterly under the BNSF RR in the street lighting conduit to the easterly side of Houser Way N, southerly on the easterly side of Houser Way N to the last street light on the conduit approximately 400 conduit feet south of the Park Ave. N overpass over the BNSF RR tracks. Total distance in existing conduit is approximately 8,700 feet. Conduit terminates on the east side of Houser Way N., as depicted in Exhibit B, incorporated and made part of this Agreement by this reference for the Term (as defined herein). 2.2 Renton’s Reserved Rights. Zayo’s use of the Conduit is limited to the right to occupy and use the space for the installation and maintenance of fiber optic cable to provide telecommunications services, pursuant to its Franchise Agreement with Renton, to Renton’s community as well as communities surrounding Renton. Renton reserves to itself the sole right to install other facilities in the Conduit so long as such use does not interfere with or impair Zayo’s right and ability to use and occupy the Conduit. Additionally, Renton reserves the right to control the additional space in the Conduit, the vaults, including but not limited to the right to authorize others to use those facilities, and the right to change, alter, or relocate those facilities so long as such use does not unreasonably interfere with or impair Zayo’s right and ability to use, access and occupy the Conduit. Following the installation of fiber optic cable contemplated in this Agreement, Zayo shall have no right to install additional facility within the Conduit with respect to Segment 1 and Segment 5 (as defined in Section 7 herein), and Renton shall have no right to install facility within the Zayo Innerduct with respect to Segment 2, Segment 3 and Segment 4 (as defined in Section 7 herein). 6b. - Administrative Services Department recommends approval of a 20-Page 9 of 89 Page 4 of 15 2.3 Condition. (A) Zayo understands and expressly accepts the Conduit in “as-is” condition (“As-Is Condition”), and any and all responsibility that comes with that understanding. City expressly disclaims any representations regarding the condition of the Conduit for Zayo’s intended use and purpose. Zayo may, at its cost, proof the Conduit prior to installation; provided that if Zayo discovers that the Conduit is defective Zayo may cancel this Agreement without penalty. (B) Zayo’s installation of its facilities and equipment in the Conduit and use of the Conduit and adjoining vaults is completely at Zayo’s sole risk with respect to the As-Is Condition. Zayo hereby fully and completely waives and releases all claims against Renton that arise from the As-Is Condition of the Conduit. Renton acknowledges that the foregoing is not intended to constitute a waiver or release of Renton’s liability by Zayo arising out of Renton’s acts or omissions that are not related to the As-Is Condition. 3.Lease Term. 3.1 The term of the Lease granted herein (the “Term”) shall commence upon the Effective Date and shall expire at 11:59 p.m. on the day before the twentieth (20th) anniversary of the Effective Date (the “Initial Term”), unless earlier terminated by either Party in accordance with the provisions herein. 3.2 Only in the event that Zayo is in good standing throughout any Term of this Agreement, Zayo may renew the lease granted herein for successive five (5) year terms (each, a “Renewal Term”) upon one-hundred and eighty (180)-day's written notice to the City of its intent to renew; provided that parties reach agreement of lease fee for any renewal term(s) prior to the expiration of the Initial Term or any Renewal Term(s) thereof. If no agreement can be reached, or at either party’s sole discretion, either party may terminate this Agreement at the end of the Initial Term or any subsequent renewal term(s) by providing ninety (90) day’s prior written notice to the other party of its intention not to renew. Each Renewal Term shall be governed by the same terms and conditions as the Initial Term, subject to revisions or amendments made by the Parties in writing. The Initial Term and the Renewal Term(s) shall be referred to collectively as the “Term”. For purposes hereof, “good standing” means that Zayo has not been in Default under Section11 of this Agreement. 4.Lease Fee and In Kind Consideration. 4.1 Zayo shall have no obligation to pay to Renton any fee during the Initial Term. Zayo shall complete the projects identified in Exhibit A, attached hereto (each, a “Project” and collectively, the “Projects”), and incorporated by this reference; provided that each of the Projects shall be completed within six (6) months after Zayo receives all Renton and third party permits required for the completion of each applicable Project. 4.2 Renton agrees that Zayo may submit applications for applicable construction, traffic control and other permits (“Permits”) required for items in Exhibit B, prior to submitting applications for Permits required for items in Exhibit A, PROVIDED that Zayo submits applications for Permits 6b. - Administrative Services Department recommends approval of a 20-Page 10 of 89 Page 5 of 15 required for items in Exhibit A no later than 6 (six) months after the Effective Date of this Agreement. 5.Conditions of Use. 5.1 Zayo shall comply with all of the construction, restoration, inspection, and maintenance procedures and requirements set forth in the City's Design and Construction Standards and other City laws pertaining to the use of and work in the public right-of-way. 5.2 Prior to installing fiber in the Conduit, Zayo shall inspect that segment of the Conduit, document the condition of the segment in a format agreeable to both Parties, and provide such documentation to the City. Such documentation shall include, for each segment in the Conduit: (1) the number and diameter of empty conduits between the endpoints; (2) confirmation that all empty conduits contain pull ropes; (3) identification of any empty conduits that are not continuous, are obstructed, or are otherwise not usable; (4) physical labeling of the identified bad conduits at the endpoints; (5) identification of the cables installed in non-empty conduits by cable type and owner, based on available labels and markings; (6) confirmation that the segment includes locate wire; (7) GIS coordinates of all access points; (8) identification of any abandoned fiber cables 5.3 Limitation on Renton’s Use. Renton may not resell the City Fiber and/or any other in- kind compensation provided by Zayo, and Renton’s use of such City Fiber and in kind compensation is expressly limited to non-commercial, public use by Renton or Renton Affiliates. In the event a Renton Affiliate with permitted use of the City Fiber and/or any other in-kind compensation provided by Zayo dissolves or becomes a private for-profit entity, (including the dissolution or privatization of any consortium or other organization comprised of any Renton Affiliate), the use of the City Fiber and/or any other in-kind compensation provided by Zayo by such affected Renton Affiliate shall be terminated. 6.Compliance with Laws. Zayo shall not use or permit its facilities or any part thereof to be used for any purpose in violation of any local, state or federal law or regulation. 7.Maintenance; Utilities. The parties shall each be responsible for the maintenance obligations as set forth in this Section 7, with respect to the segments as defined in Exhibit B hereto. “Maintenance” includes but is not limited to general upkeep, repair and maintenance, change, alteration, or relocation of the facilities. 7.1 Initial Condition of the Conduit. Zayo shall accept the Conduit and the shared areas of the vaults in as-is condition. Renton shall be responsible for performing all maintenance 6b. - Administrative Services Department recommends approval of a 20-Page 11 of 89 Page 6 of 15 and repairs of the Conduit for the Term. The Parties agree to share the direct costs of such maintenance and repair of the Conduit as follows: (A)Segment 1 – N 1st St @ Wells Ave to N 1st St @ Burnett Ave N. Zayo and Renton shall each be responsible for the cost of maintenance for the Conduit at this segment as follows: Zayo shall be responsible for fifty percent (50%), and Renton shall be responsible for fifty percent (50%). Fiber maintenance within the Conduit shall be the responsibility of the respective owner (i.e., Zayo shall be fully responsible for maintenance of the Zayo Fiber, and Renton shall be fully responsible for the City Fiber and any other Renton-owned fiber (including fiber related to traffic signals)). The parties acknowledge that the Zayo Fiber shall Override the City Fiber along this segment. (B)Segment 2 - N 1st St @ Burnett Ave N to Logan Ave N @ N 4th Ave. Zayo and Renton shall each be responsible for the cost of maintenance for the Conduit as follows: Zayo shall be responsible for thirty-three percent (33%), and Renton shall be responsible for sixty-seven percent (67%). Fiber maintenance within the Conduit shall be the responsibility of the respective owner (i.e., Zayo shall be fully responsible for maintenance of the Zayo Fiber, and Renton shall be fully responsible for the City Fiber and any other Renton-owned fiber (including fiber related to traffic signals)). The parties acknowledge that the Zayo Fiber shall be installed within Zayo Innerduct fiber along this segment. (C)Segment 3 - Logan Ave N @ N 4th Ave to 250’ east of Logan Ave @ Park Ave N. Zayo and Renton shall each be responsible for the cost of maintenance for the Conduit as follows: Zayo shall be responsible for thirty-three percent (33%), and Renton shall be responsible for sixty-seven percent (67%). Fiber maintenance within the Conduit shall be the responsibility of the respective owner (i.e., Zayo shall be fully responsible for maintenance of the Zayo Fiber, and Renton shall be fully responsible for the City Fiber and any other Renton-owned fiber (including fiber related to traffic signals). The parties acknowledge that the Zayo Fiber shall be installed within Zayo Innerduct fiber along this segment. (D)Segment 4 - 250’ west of Logan Ave @ Park Ave N to 250’ east of Garden Ave N @ Lake Washington Dr. Zayo and Renton shall each be responsible for the cost of maintenance for the Conduit as follows: Zayo shall be responsible for thirty-three percent (33%), and Renton shall be responsible for sixty-seven percent (67%). Fiber maintenance within the Conduit shall be the responsibility of the respective owner (i.e., Zayo shall be fully responsible for maintenance of the Zayo Fiber, and Renton shall be fully responsible for the City Fiber and any other Renton-owned fiber (including fiber related to traffic signals). The parties acknowledge that the Zayo Fiber shall be installed within Zayo Innerduct along this segment. (E)Segment 5 - 250’ east of Garden Ave N @ Lake Washington Dr. to Houser Way N. Zayo and Renton shall each be responsible for the cost of maintenance for the conduit as follows: Zayo shall be responsible for fifty percent (50%), and Renton shall be responsible for fifty percent (50%). Fiber maintenance within the Conduit shall be the responsibility of the respective owner (i.e., Zayo shall be fully responsible for maintenance of the Zayo Fiber, and Renton shall be fully responsible for the City Fiber and any other Renton-owned 6b. - Administrative Services Department recommends approval of a 20-Page 12 of 89 Page 7 of 15 fiber (including fiber related to traffic signals). The parties acknowledge that the Zayo Fiber shall Override the City Fiber along this segment. 8.Mutual Indemnification. To the fullest extent allowed by law, each Party shall indemnify, defend, hold harmless and save the other Party (in the case of Renton, Party includes the City of Renton, Renton’s elected officials, officers, agents, employees and contractors, and in the case of Zayo, Party includes Zayo Group, LLC, Zayo Affiliates, officers, agents, employees and contractors) from all claims, suits, losses, damages, fines, penalties, liabilities, and expenses (including actual and reasonable personnel and overhead costs and attorneys’ fees, litigation costs and fees, and other costs incurred in connection with claims, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to any tangible property to the extent arising out of or in connection with (i) the indemnifying party’s negligent use of the fiber cables installed in the Conduit; (ii) the indemnifying party’s breach of its obligations hereunder; or (iii) the indemnifying party’s negligence in design, construction, or other modification to the trenches, conduits, fibers, and other associated facilities pursuant to this Agreement. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115 each Party agrees that the foregoing indemnity specifically covers actions brought by its own employees. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party’s immunity under Washington's Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. In the event of concurrent negligence, this indemnification shall be only to the extent of the indemnifying party’s negligence. The indemnifying party shall promptly notify the indemnified party of casualties or accidents occurring in or about the Conduit. RENTON AND ZAYO ACKNOWLEDGE THAT THEY SPECIFICALLY NEGOTIATED AND AGREED UPON THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT AND THESE PROVISIONS SHALL SURVIVE THE TERM OF THE AGREEMENT. 9.Assignment and Subletting. Zayo shall not assign, sublet, or encumber the whole or any part of the Conduit, except to a Zayo Affiliate. Prior to any such assignment, sublet or encumbrance, Zayo shall notify Renton in writing of proposed assignment, sublet, or encumbrance, identifying the entity and contact information, and obtain Renton’s written approval. The City’s approval shall not be unreasonably withheld, conditioned, or delayed. 10.Modification or Amendment. This Agreement may be modified or amended at any time by mutual written agreement. 11. Termination. In the event a party becomes in Default, the other party may terminate this Agreement upon written notice to the Defaulting party. 11.1 A party is in default (“Default”) of this Agreement if: i) it fails to commence to cure a material breach of any terms or conditions of this Agreement within thirty (30) days of receiving written notice of such breach from the other party, or ii) after having commenced to cure, it fails to promptly perform all necessary steps to obtain the required permit, or proceed 6b. - Administrative Services Department recommends approval of a 20-Page 13 of 89 Page 8 of 15 promptly to complete such cure. For purposes of this provision, a submitted application for a required permit of any kind shall constitute the commencement of a cure. 11.2 If this Agreement is terminated by Renton: 11.2 (a) Zayo shall no longer be obliged to provide any project identified in Exhibit A that has not been commenced. For purposes of this Section 11.2 only, in the event an application for a permit of any kind is required, application for or the issuance of a permit for a project shall not constitute commencement. 11.2 (b) Subject to the foregoing limitation, commencement shall mean any step, of any kind, taken in the furtherance of a project. Any project commenced prior to termination must be completed pursuant to the terms and conditions of this Agreement. 11.3 Upon termination or non-renewal of this Agreement by Renton for any reason, Zayo’s right to use the conduit shall terminate and ownership of the Zayo Fiber shall revert to Renton. 12.Attorneys' Fees. If either party retains the services of an attorney in connection with enforcing the terms of this Agreement, each party agrees to bear its own attorneys’ fees and costs. 13.Authority and Liability. Zayo and Renton each have the requisite power and authority to enter into this Agreement and perform its obligations hereunder. 14. Force Majeure. Neither party shall be liable for any failure of performance (including any delay in restoration of service) hereunder due to causes beyond its reasonable control including any, but not limited to, acts of God, earthquake, flood, volcanic eruption, fire, explosion, vandalism, storm, or other similar catastrophes; any law, order, regulation, direction, decision, action or request of the United States government or the State of Washington; insurrection; riots or other civil disturbances; or wars. 15.Headings. The section headings used in this Agreement are used for purposes of convenience and do not alter in any manner the content of the sections. 16. Entire Agreement. This Agreement and the Exhibits attached hereto, which are fully and completely incorporated by reference, set forth the entire agreement of Renton and Zayo concerning the Conduit pathway, City Fiber, and Zayo Fiber described herein, and there are no other agreements or understandings, oral or written, between Renton and Zayo concerning the Conduit, City Fiber, or Zayo Fiber. Any subsequent modification or amendment of this Agreement shall be binding upon Renton and Zayo only if reduced to writing and signed by both parties. 17.Applicable Law; Venue. This Agreement shall be governed by, and construed in accordance with the laws of the State of Washington. Jurisdiction and venue shall lie in the courts of King County, Washington. 6b. - Administrative Services Department recommends approval of a 20-Page 14 of 89 Page 9 of 15 18.Dispute Resolution. In the event that one party to this Agreement believes the other party has breached any term of this Agreement, the non-offending party shall notify the other party in writing with specific details regarding the exact nature of the alleged breach. The offending party shall have the opportunity to respond to the accusation or cure the alleged breach within 30 calendar days following the receipt of the notice. If the offending party contests any part of the alleged breach set forth in the notice, the parties shall meet to discuss the dispute or submit the matter to mediation administered by any established arbitration and/or mediation service provided in King County, Washington. The parties shall have 60 calendar days from the last day the offending party has to respond to the accusation (or to cure the alleged breach) to resolve the dispute. In the event that resolution is unsuccessful, the parties may then take any action and be afforded any remedies as allowed under law. 19.Negotiated Agreement. The parties to this Agreement acknowledge that it is a negotiated agreement, that they have had the opportunity to have the Agreement reviewed by their respective legal counsel, and that the terms and conditions of the Agreement are not to be construed against any party on the basis of such party’s draftsmanship thereof. 20.Authorized Signatures. Pursuant to Zayo Resolution to Amend and Adopt Signature Authority Policy, attached hereto as Exhibit C, Gregg Strumberger, as General Counsel for ZFTI, is authorized to sign this Agreement and bind the corporate entity. 21.Counterparts. This Agreement may be executed in one or more counterparts, and each executed duplicate counterpart of this Agreement shall be deemed to possess the full force and effect of an original. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. CITY OF RENTON:ZAYO GROUP, LLC: By: ___________________________By: Hon. Denis Law, Mayor Gregg Strumberger City of Renton General Counsel, ZFTI Zayo Group, LLC Attest: Bonnie I. Walton, City Clerk Approved as to legal form: Lawrence J. Warren, City Attorney 6b. - Administrative Services Department recommends approval of a 20-Page 15 of 89 Page 10 of 15 6b. - Administrative Services Department recommends approval of a 20-Page 16 of 89 Page 11 of 15 STATE OF WASHINGTON ) ) ss.(Acknowledgement for ___________) COUNTY OF KING ) On this _____ day of _________________, 20__, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _____________, to me known to be the __________________of _____________________, the entity that executed the foregoing instrument as ___________; and acknowledged to me that he signed the same as the free and voluntary act and deed of said entity for the uses and purposes therein mentioned and that he was authorized to execute said instrument for said entity. WITNESS my hand and official seal the day and year in this certificate above written. [Signature][Printed Name] NOTARY PUBLIC in and for the State of Washington residing at . My commission expires ______________. 6b. - Administrative Services Department recommends approval of a 20-Page 17 of 89 Page 12 of 15 6b. - Administrative Services Department recommends approval of a 20-Page 18 of 89 Page 13 of 15 [PLACEHOLDER FOR EXHIBIT A (WITH ATTACHMENT 1] 6b. - Administrative Services Department recommends approval of a 20-Page 19 of 89 Page 14 of 15 [PLACEHOLDER FOR EXHIBIT B] 6b. - Administrative Services Department recommends approval of a 20-Page 20 of 89 Page 15 of 15 EXHBIT C ZAYO’S RESOLUTION TO AMEND AND ADOPT SIGNATURE AUTHORITY POLICY 6b. - Administrative Services Department recommends approval of a 20-Page 21 of 89 EXHIBIT A IN KIND SERVICES TO BE PROVIDED BY ZAYO Except as expressly provided below, at its sole cost and expense, Zayo will provide all necessary labor, materials, designs, engineering, and permits to perform and complete each of the following Projects for Renton, in accordance with Section 4.1 of the Agreement. Zayo shall: A.provide an IRU in six (6) fiber strands running approximately fifty five thousand feet (55,000') underground from 3355 S. 120th Place, Tukwila, WA Room 133 to 2001 6th Ave, Seattle WA Room 1901 “19th Floor Meet me Room”. See Fiber Design Drawing attached to this Exhibit A , as Attachment 1. B.NE Sunset & Hoquiam Ave NE – install an aerial splice case, midsheath the 36ct aerial cable and add a 24ct City fiber cable to the splice case through the existing riser; (ii) adjust Renton fiber aerial slack approximately 200’ (iii) install a 12 port patch panel in the traffic signal cabinet (TSC); (iv) terminate twelve (12) fibers in the TSC using SC-UPC connectors; and (v) splice twelve (12) fibers at each end. Renton shall own such facilities upon completion by Zayo. C.SE 128th St. & 156th Ave SE – (i) place fiber/conduit/riser (as applicable) from the Renton Cabinet to the PSE pole; (ii) add 24ct City fiber cable to the existing splice case; (iii) install a 12 port patch panel in the TSC; (iv) terminate twelve (12) fibers in the TSC using SC-UPC connectors; and (v) splice 12 fibers at each end. Renton shall be responsible for obtaining and paying the costs for applicable PSE permits. Renton shall own such facilities upon completion by Zayo. D.Airport Way N & Rainier Ave. – (i) replace existing Type 1 HH with 25TA; (ii) adjust 50’ existing Renton 288ct cable to new 25TA; (iii) place 50’ new 2” conduit from 25TA to existing Type 1 HH near Renton TSC; (iv) place new 24ct City fiber cable, (v) install a splice case and midsheath 288ct cable; (vi) install a 12 port patch panel in the TSC; (vii) terminate twelve (12) fibers in the TSC using SC-UPC connectors; and (viii) splice and terminate twelve (12) fibers at each end. Renton shall own such facilities upon completion by Zayo. E.NE 4th & Duvall Ave. NE – (i) place fiber/conduit/riser (as applicable) from the Renton Cabinet to the PSE pole; (ii) adjust Renton fiber aerial slack approximately 100’; (iii) provide and install an aerial splice case, midsheath the existing 48ct City fiber aerial cable and add 24ct cable; (iv) install a 12 port patch panel in the TSC; (v) terminate twelve (12) fibers in the TSC using SC-UPC connectors; (vi) splice twelve (12) fibers at each end. Renton shall be responsible for obtaining and paying the costs for applicable PSE permits. Renton shall own such facilities upon completion by Zayo. F.NE 4th & Hoquiam Ave. NE – (i) place fiber/conduit/riser (as applicable) from the Renton Cabinet to the PSE pole; (ii) adjust Renton fiber aerial slack approximately 500’; (iii) install an aerial splice case, midsheath the existing 48ct aerial cable and add 24ct City fiber cable; (iv) provide and install a 12 port patch panel in the TSC; (v) terminate twelve (12) fibers in the TSC using SC-UPC connectors; and (vi) splice twelve (12) fibers at each end. Renton shall be responsible for obtaining and paying the costs for applicable PSE permits. Renton shall own such facilities upon completion by Zayo. G.NE 4th & Jehrico Ave. NE – (i) place fiber/conduit/riser (as applicable) from the Renton Cabinet to the PSE pole; (ii) adjust Renton fiber aerial slack approximately 800’; (iii) install an aerial splice case, midsheath the existing cable and add 24ct City fiber cable; (iv) install a 12 port patch panel in the TSC; (v) terminate twelve (12) fibers in the TSC using SC-UPC connectors; (vi) splice twelve (12) fibers at each end. Renton shall be responsible for obtaining and paying the costs for applicable PSE permits. Renton shall own such facilities upon completion by Zayo. 6b. - Administrative Services Department recommends approval of a 20-Page 22 of 89 H.NE 4th & Nile Ave NE – (i) place fiber/conduit/riser (as applicable) from the Renton Cabinet to the PSE pole; (ii) adjust Renton fiber aerial slack approximately 600’; (iii) install an aerial splice case, midsheath the existing cable and add 24 ct City fiber cable; (iv) install a 12 port patch panel in the TSC; (v) terminate twelve (12) fibers in the TSC using SC-UPC connectors; and (vi) splice twelve (12) fibers at each end. Renton shall be responsible for obtaining and paying the costs for applicable PSE permits. Renton shall own such facilities upon completion by Zayo. I.Gene Coulon Park – (i) construct 500' of two new 2" underground conduits from the south side of Lake Washington Blvd. at the Houser Way N intersection start point to the edge of Gene Coulon Park; (ii) Construct and connect one conduit from the edge of Gene Coulon Park shall be extended to the Parks Maintenance building located at 1201 Lake Washington Blvd. N; (iii) Core into the Parks Maintenance building, place 12"x 12" j-box and route the conduit into the building at to a location designated by Renton; (iv) place 48ct City fiber cable from the traffic signal cabinet at Lake Washington Blvd N, Park Ave N and Garden Ave. N to the Park Maintenance building; and (v)terminate six (6) fibers inside Gene Coulon Maintenance building's wall mount patch panel using SC-APC connectors. Zayo shall own the one (1) conduit that terminates at the edge of Gene Coulon Park upon completion. Renton shall own the conduit, and the fiber installed therein, that terminates inside the Maintenance building upon completion by Zayo. Each Party shall be responsible for fifty percent (50%) of the cost of maintenance and repair of the duct bank installed by Zayo; provided that fiber maintenance within each conduit shall be the responsibility of the respective owner. J. Long Lift Station – (i) overlash approximately 500ft of 24ct City fiber cable to existing City of Renton aerial fiber from Sierra Heights School to Long Lift Pump station; (ii) provide splice case and a twelve (12) port patch panel in Long Lift Station; (iii) midsheath existing aerial Renton fiber and perform 6 splices; and terminate six (6) fibers at Long Lift Station using SC-APC connectors. Renton shall be responsible for obtaining and paying the costs for applicable PSE permits. Renton shall own the conduit installed by Zayo upon completion by Zayo. K.Intermediate splices to connect Locations B, C, D, E, F, G, H, I, J (above) to City Hall - open the existing splice enclosures at the locations listed, splice the number of fibers listed, and reclose the cases and the vaults at the following locations: (i)Splice 18 strands of fiber in existing 25-TA vault on the NE corner of NE Sunset Blvd. and Duvall Ave. NE; (ii)Splice 12 strands of fiber in existing 25-TA vault on the east side of Union Ave NE 550 feet north of NE 4th St (iii)Splice 12 strands of fiber in existing 25-TA vault on the NW corner of N 1st St and Wells Ave N (iv)Splice 12 strands of fiber in existing 25-TA vault on the NW corner of Grady Way S and Wells Ave S. L. Renton shall own all facilities installed by Zayo upon completion by Zayo. 6b. - Administrative Services Department recommends approval of a 20-Page 23 of 89 EXHIBIT B CONDUIT Segment 1 – N 1st St @ Wells Ave to N 1st St @ Burnett Ave N. Segment 2 – N 1st St @ Burnett Ave N to Logan Ave N @ N 4th Ave. 6b. - Administrative Services Department recommends approval of a 20-Page 24 of 89 Segment 3. Logan Ave N @ N 4th Ave to 250’ east of Logan Ave @ Park Ave N. Segment 4. 250’ west of Logan Ave @ Park Ave N to 250’ east of Garden Ave N @ Lake Washington Blvd North 6b. - Administrative Services Department recommends approval of a 20-Page 25 of 89 Segment 5. 250’ east of Garden Ave N @ Lake Washington Blvd North to Houser Way N. 6b. - Administrative Services Department recommends approval of a 20-Page 26 of 89 Zayo handhole placement – Zayo to place handholes adjacent to existing City of Renton vaults at the following locations: 1.NW corner of Logan Rd @ Garden Ave N 2.NE corner of Logan Rd @ Park Ave N 3.SE corner of Park Ave N @ N 10th St 4.SW corner of Park Ave N @ N 8th St 5.SE corner of Logan Ave N @ N 8th St 6.SE corner of Logan Ave N @ N 4th St 6b. - Administrative Services Department recommends approval of a 20-Page 27 of 89 ZAYO GROUP, LLC CERTIFYING STATEMENT I, Matt Erickson, hereby certify that: 1.I am the President of Zayo Fiber and Transport Infrastructure, a business unit of Zayo Group, LLC; and 2.The attached “Resolution to Amend and Adopt Signature Authority Policy” dated August 21, 2013 was in fact duly authorized and enacted on or about August 21, 2013. ______________________________________________________________________________ STATE OF WASHINGTON ) : ss County of ______________) On this _______ day of ______________ before me personally appeared __________________ to me known to be the President of the Zayo Fiber and Transport Infrastructure business unit of Zayo Group, LLC, the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. (SEAL)____________________________________ Notary Public in and for the State of Washington, residing at ________________ Print Name: _________________________ My commission expires: ________________ STATE OF ______________________ COUNTY OF ____________________ 6b. - Administrative Services Department recommends approval of a 20-Page 28 of 89 SO / CP: Customer:ISO: INFORMATION IN THIS DOCUMENT IS PROPRIETARY AND SHALL NOT BE USED, COPIED, REPRODUCED OR DISCLOSED IN WHOLE OR IN PART WITHOUT ZAYO’S WRITTEN CONSENT Revision Date:Revision #:1 Project Manager: Service Delivery Cord: Fiber Design Eng:Kris Boccio Product Type: No. of Fibers: CID: Filename:Page #:1 of 1 Existing Network or Node Network Overbuild NEW: Network / Patch / Location OSP Splice Req. LEGEND 3rd Party Owned NETWORK STATUS SPLICE ACTION OSP Splice NOT Req. Term. Splice Req. Term. Splice NOT Req. LOCATIONS Rack 101.05 Shelf 5 Ports 41-42 Rack 101.05 Shelf 5 Ports 41-42 SFID: 102345 95 S Market St San Jose, CA DEMARC Building DEMARC Cell Tower Passive Site (Patch / Splice Through) WA-WES 2001 6th Ave. Seattle, WA DEMARC WA-SKR ZAYO POP Rack 101.03L Shelf Ports Rack 101.02R Shelf Ports WA-SKR ZAYO POP Rack 101.03L Shelf Ports Rack 101.02R Shelf Ports SEA-7 R: F: WA-6 R: F: 19th Floor Room 1901 12th Floor Room 1200 25072 WA-335 3355 S 120th Pl Tukwila, WA DEMARC Room 133 Rack 01.01.02 Shelf 1 Ports WA-335: 9999-ENT-E-2 R: F: WA-B1 R: F: 15553 712' 444' 52,526' 3,006' WA-WES to WA-335 = 17.27 km 8.18 dB DISTANCE dB Loss (1550) Attachment 16b. - Administrative Services Department recommends approval of a 20-Page 29 of 89 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: CRT-14-001; Court Case - Raymond Cummings vs. City of Renton - Notice of Small Claims Meeting: Regular Council - 13 Jan 2014 Exhibits: Notice of Small Claims Submitting Data: Dept/Div/Board: City Clerk Staff Contact: Bonnie Walton, City Clerk, ext. 6502 Recommended Action: Refer to City Attorney and Insurance Services Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Notice of Small Claims filed by Raymond Cummings in King County District Court (Small Claim #642- 1000) regarding rejected Claim for Damages (CL-12-002) for property damage. STAFF RECOMMENDATION: n/a 6c. - Court Case filed by Raymond Cummings in King County District Court Page 30 of 89 6c. - Court Case filed by Raymond Cummings in King County District Court Page 31 of 89 6c. - Court Case filed by Raymond Cummings in King County District Court Page 32 of 89 6c. - Court Case filed by Raymond Cummings in King County District Court Page 33 of 89 6c. - Court Case filed by Raymond Cummings in King County District Court Page 34 of 89 6c. - Court Case filed by Raymond Cummings in King County District Court Page 35 of 89 6c. - Court Case filed by Raymond Cummings in King County District Court Page 36 of 89 6c. - Court Case filed by Raymond Cummings in King County District Court Page 37 of 89 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Alpine Nursery Annexation - 60% Petition Meeting: Regular Council - 13 Jan 2014 Exhibits: Issue Paper 60% Direct Petition King County Certificate Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Angie Mathias, x6576 Recommended Action: Council concur to set public hearing Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The Council received a 60% Direct Petition to Annex on December 11, 2013, to annex approximately 17.1-acres of unincorporated King County located within Renton’s Potential Annexation Area. The proponent’s petition has been certified by King County as having signatures representing at least 60% of the area’s taxable valuation. The area is at the eastern portion of the City limits in the East Renton Plateau area. It is bordered to the south by parcel lines located near Southeast 146th Place, by 161st Avenue Southeast and parcel lines to the east, parcel lines in proximity to Southeast 142rd Place to the north, and by 160th Avenue Southeast to the west. Under State law, the Council is required to hold a public hearing to consider the annexation petition and the zoning in order to provide interested parties the opportunity to speak. Following the public hearing, Council may approve the annexation of all or any portion of the area proposed for annexation. The site is currently designated Residential Low Density (RLD) on the City’s Comprehensive Plan Land Use Map. The area was prezoned R-4 (allowing four dwelling units per net acre) as part of the East Renton Plateau prezone (Ordinance #5254). The Administration is also seeking authorization to forward the Notice of Intent Package to the Boundary Review Board if Council decides to accept the 60% Direct Petition. STAFF RECOMMENDATION: Set January 27, 2014, for a public hearing to consider the 60% Direct Petition and the proposed zoning for the Alpine Nursery Annexation and authorize the Administration to forward the Notice of Intent package to the Boundary Review Board for King County. 6d. - Community and Economic Development Department submits 60% Page 38 of 89 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:January 6, 2014 TO:Don Persson, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Chip Vincent, Administrator x6592 STAFF CONTACT:Angie Mathias, Senior Planner x6576 SUBJECT:Alpine Nursery Annexation - Acceptance of 60% Direct Petition to Annex ISSUES: Should the City Council accept the 60% Direct Petition to Annex from the Alpine Nursery Annexation Area now that the petition has been certified by the King County Department of Assessments? If the City Council accepts the 60% Direct Petition, should the Administration be directed to forward the Notice of Intent package for this annexation to the Boundary Review Board? RECOMMENDATION: Council accept the 60% Direct Petition to Annex the approximately 17.1- acre Alpine Nursery Annexation site; Council authorize the Administration to forward the Notice of Intent for the Alpine Nursery Annexation to the Boundary Review Board for King County for their review. BACKGROUND SUMMARY: At its August 19,2013 public meeting, Council accepted the 10% Notice of Intent to Commence Annexation petition and authorized the circulation of a 60% Direct Petition to Annex. City of Renton departments reviewed the annexation proposal and all staff reported that the annexation represents a logical extension of their respective services and systems. There were no issues identified that would impede the annexation. A more detailed discussion of this proposed annexation and review comments are contained in the Department’s July 22, 2013, Alpine Nursery Annexation 10% Notice of Intent issue paper. On December 11, 2013, the petitioner submitted the 60% Direct Petition to Annex. That petition was certified as sufficient, with signatures of property owners representing at least 60% of the taxable value of the annexation area, by King County on December 18, 2013. 6d. - Community and Economic Development Department submits 60% Page 39 of 89 Don Persson, Council President Page 2 of 2 January 6, 2014 Page 2 of 2 Zoning The Comprehensive Plan Land Use Map designation for the annexation area is Residential Low Density (RLD). The area was prezoned Residential Four Dwelling Units per net Acre (R-4) as part of the East Renton Prezone (Ordinance #5254). The R-4 zoning will become effective at the time of annexation. CONCLUSION: The proposed Alpine Nursery Annexation has been certified as having sufficient signatures representing at least 60% of the area’s assessed value. It also has reasonable boundaries and appears to comply with Boundary Review Board objectives. Reviewing staff raised no objections to this annexation. The proposed Alpine Nursery Annexation furthers the City’s Business Plan goals and is in the general welfare and interest of the City. The Administration recommends the Council accept the 60% Direct Petition and authorize staff to forward the Notice of Intent package to the Boundary Review Board for King County. 6d. - Community and Economic Development Department submits 60% Page 40 of 89 6d. - Community and Economic Development Department submits 60% Page 41 of 89 6d. - Community and Economic Development Department submits 60% Page 42 of 89 6d. - Community and Economic Development Department submits 60% Page 43 of 89 6d. - Community and Economic Development Department submits 60% Page 44 of 89 6d. - Community and Economic Development Department submits 60% Page 45 of 89 6d. - Community and Economic Development Department submits 60% Page 46 of 89 6d. - Community and Economic Development Department submits 60% Page 47 of 89 6d. - Community and Economic Development Department submits 60% Page 48 of 89 6d. - Community and Economic Development Department submits 60% Page 49 of 89 6d. - Community and Economic Development Department submits 60% Page 50 of 89 6d. - Community and Economic Development Department submits 60% Page 51 of 89 6d. - Community and Economic Development Department submits 60% Page 52 of 89 6d. - Community and Economic Development Department submits 60% Page 53 of 89 6d. - Community and Economic Development Department submits 60% Page 54 of 89 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Amendment III to the Landowner Collaboration for Knotweed Control along the Cedar River King Conservation Grant Meeting: Regular Council - 13 Jan 2014 Exhibits: Issue Paper King Conservation District Agreement Amendment Request Forms Submitting Data: Dept/Div/Board: Community Services Staff Contact: Terry Flatley Recommended Action: Refer to the Finance Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $100,026 Total Project Budget: $ N/A City Share Total Project: $ SUMMARY OF ACTION: Amendment III proposes to begin the grant project in 2014, continue with knotweed treatments during 2015 and complete treatment and planting of treated areas through the grant by the end of 2016. The City is requesting from KCD, in Amendment III, an additional amount of $100,026.00. The total grant project request from KCD, combining the original approval for $89,254.00 plus the proposed amendment amount of $100,026.00, is $189,280.00. STAFF RECOMMENDATION: Approve the addendum accepting $100,026.00 in grant funds from the King Conservation District, extending the grant period for the three years and adjust the budget as described; and authorize the Mayor and City Clerk to execute the addendum. 6e. - Community Services Department recommends approval of Amendment III Page 55 of 89 COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:January 9, 2014 TO:Don Persson, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Leslie Betlach, Parks Planning and Natural Resources Director (x-6619) Terry Flatley, Urban Forestry and Natural Resources Manager (x-6601) SUBJECT:Amendment III to the 2012 King Conservation District Grant Agreement, Landowner Collaboration to Control Knotweed along the Cedar River Watershed ISSUE: Should the Council concur with the staff recommendation to enter into Amendment III of the 2012 King Conservation District Grant Agreement, Landowner Collaboration to Control Knotweed along the Cedar River Watershed Project? RECOMMENDATION: Staff recommends approval of Amendment III between the City of Renton and the King Conservation District to control knotweed along the Cedar River. The Amendment provides for a three-year project from January of 2014 through December of 2016 to allow for treatment of knotweed and planting native plants where knotweed will be eradicated. BACKGROUND SUMMARY: On February 6, 2012 City Council approved the staff recommendation to accept the King Conservation District (KCD) Grant Project titled, “Landowner Collaboration for Knotweed Control along the Cedar River Watershed,” in the amount of $168,604.00 for a three- year period. Following this approval, City staff learned that KCD would only approve grants for one year; the original proposal was modified to one year and KCD awarded the City $89,254.00. At the same time, KCD was working through a disbursement issue as the result of a lawsuit filed in another county that affected their operations in King County. By the time the issue was resolved in May of 2012, it was too late in the year for the City to begin the project. As a result, the grant date was extended through December 31, 2013 using the KCD amendment, Amendment I. During 2013, the City learned that KCD would now accept multi-year grant projects and an addendum was 6e. - Community Services Department recommends approval of Amendment III Page 56 of 89 Don Persson, Council President Members of Renton City Council Amendment III to the 2012 King Conservation District Grant Agreement, Landowner Collaboration to Control Knotweed along the Cedar River Watershed Page 2 of 2 January 9, 2014 prepared to take advantage of a three year project. Controlling knotweed to a manageable level requires a minimum of three years. City staff prepared Amendment II in December of 2013 to extend the agreement through February 28, 2014; this allows time for the KCD Board to review the proposed Amendment III and process the amendment through Renton City Council. Amendment III proposes to begin the grant project in 2014, continue with knotweed treatments during 2015 and complete treatment and planting of treated areas by the end of 2016. The City is requesting from KCD, in Amendment III, an additional amount of $100,026.00. Project costs are reimbursed upon receipt of invoices and payable by KCD and transferred into the revenue account 001.332040.020.337.07.00.000. Payment for services by contractors and Friends of the Cedar River Watershed are then made from the expenditure account 001.332040.020.576.81.41.010. The total grant project request from KCD combining the original approval of $89,254.00 plus the proposed amendment amount of $100,026.00 is $189,280.00. Because staff in- kind services will be utilized to treat knotweed on City property at a cost of $26,150.00 and the value utilizing volunteers for planting of $48,000, the total project budget is $263,430.00. CONCLUSION: The City of Renton along with its partner organization, The Friends of the Cedar River Watershed, will be able to manage knotweed that has invaded the Cedar River along its entire reach within the city limits utilizing the grant funds provided by the King Conservation District. Planting native species of trees and shrubs should provide subsequent control of knotweed and improve the riparian habitat along the Cedar River. Cc:Jay Covington, Chief Administrative Officer Iwen Wang, Finance & IS Administrator 6e. - Community Services Department recommends approval of Amendment III Page 57 of 89 Member Jurisdiction & WRIA Forum Grant Program  Agreement Revision Request, Cover Sheet  v7-18-08 Instructions: To request an amendment to your Grant Award, complete this form and submit it to the King Conservation District. You will receive a written response back from the District either approving or denying the request. Attach any supporting documents you think will aid the review of your request. WRIA Forum (if applicable): Grantee: City of Renton Project Title: Knotweed Control Along the Cedar River Agreement Year: 2012/2013 Request to Amend Grant Award in the following manner (check all applicable categories and provide details in space provided below or attachments where indicated): Change the Project Completion Date from 12/31/2013 to 12/31/2016 Extend project up to 90 days past original completion date Extend project in excess of 90 days past original completion date Extend project due to permit and/or construction delays Other (e.g., matching funds delayed) Change the Project Scope of Work (attach completed Scope of Work Revision Detail form) Increase scope of work at same funding level Increase scope of work and request additional funds Decrease scope of work at same funding level Decrease scope of work and request additional funds Decrease scope of work and return funds Other (describe and provide explanation below) Change the Project Budget (attach completed Budget Revision Detail Form) Reallocate funds among awarded budget item(s) within 10% of total grant award Reallocate funds to new budget item(s) within 10% of total award Revise budget in excess of 10% of total grant award Other (e.g., request additional funding) Other Category of Revision Cancel project and return funds Cancel project and fund new grant proposal (attach Grant Application) Change applicant/principle partners without change in scope of work and funding level Other (describe and provide explanation below) Describe the proposed amendment, identify how the new proposal differs from the awarded grant, and provide the reason/justification for the request (attach additional pages if more space is needed). The proposed amendment to the agreement is to convert the original one-year project into a three- year project. At a minimum, treating knotweed effectively entails control over a three-year period (the original submittal was for three years but KCD required City to reduce the time to one year). The project will treat knotweed the first year (2014); monitor knotweed and spot-treat knotweed over the same areas previously treated during 2015 and; plant native trees and shrubs, spot treat knotweed and monitor in 2016. Please see the Scope of Work Revision Detail attached. Authorized Signature, Funded Entity Date Authorized Signature, Forum (when applicable) Date Request approved Request denied (see attached for explanation) Additional information requested (see attached for requested information) Authorized Signature, King Conservation District Date Member Jurisdiction & WRIA Forum Grant Program Agreement Amendment Request 6e. - Community Services Department recommends approval of Amendment III Page 58 of 89 Member Jurisdiction & WRIA Forum Grant Program  Agreement Revision Request, Scope of Work Revision Detail  v7-18-08  Page 1 of 3 Revised Project Description: If applicable, use the sections below to compare the approved project description to the proposed project description. Approved Project Description: Landowner Collaboration for Knotweed Control on the Cedar River. In 2012, the City of Renton submitted the original grant request for “Landowner Collaboration for Knotweed Control along the Cedar River Project,” as a three year project. The application was revised because the KCD was only approving one year projects at that time. Because treatment of knotweed and planting cannot occur within the same year due to native plant sensitivity to chemically treating knotweed and follow- up treatments to knotweed are required for at least two more years, the City of Renton requests both a time extension and additional funds to properly treat the knotweed and plant native species. Due to funding issues during 2011-2012 with KCD, the project could not be started in time and the City of Renton requested and was approved a time extension through 2013. The amount awarded by the original KCD grant was $89,254. Revised Project Description: The scope of work has not significantly changed from the original proposal (submitted in 2012) other than the request for a 3-year project beginning in 2014 and ending in 2016. In addition, we would like to replicate survey work done on upstream portions of the river by other agencies to track knotweed treatments and native plant survival in conjunction with their GIS survey work previously performed. The knotweed project requires a minimum of three years to accomplish, therefore, the City of Renton is requesting a time extension through December 31, 2016. Treating knotweed during 2014, 2015 and 2016 and planting in 2016 the City is requesting additional funds. The original grant award was $89,254. The City is requesting an additional grant amount of $100,026 for a total of $189,280. Revised Activities and Measurable Results: If applicable, use the table below to compare approved activities and measurable results to the revised and/or new activities and measurable results. Identify which (if any) of the approved activities are to be canceled, continued, or changed, and provide an explanation for the changes. Use the right column to list all new proposed activities. Approved Activities and Measurable Results Revised Activities and Measurable Results Landowner Outreach and Education – workshops (2 per year), events (4 per year), permission letters 2014 through 2016 Member Jurisdiction & WRIA Forum Grant Program Scope of Work Revision Detail 6e. - Community Services Department recommends approval of Amendment III Page 59 of 89 Member Jurisdiction & WRIA Forum Grant Program  Agreement Revision Request, Scope of Work Revision Detail  v7-18-08  Page 2 of 3 Landowner consultations and site visitations – 10 per year 2014 through 2016 Knotweed surveys Knotweed surveys using GPS data collection Knotweed Treatment No bending of knotweed because it has been found to not be effective in treating knotweed – it goes dormant. Chemical applications to knotweed on approximately 30 acres (City owned parcels) and 5 acres (private) by City staff and contractor; late summer of 2014. Habitat enhancement on private properties Native species plantings of approximately 35 acres by volunteers (FCRW)/contractor, fall/winter of 2016 using approximately 14,000 native trees and shrubs. Volunteer restoration events – 6 events, 200 volunteers, 16 acres enhanced habitat No change Restoration maintenance – 16 acres maintained No change Monitoring Surveys - Monitor for native plant survival in 2014 Monitor and treat for knotweed in year 2 (2015) on approximately 35 acres by City staff and contractor. Monitor for native plant survival in 2015 Monitor for native plant survival and replace dead plants by FCRW on 35 acres, 2017. Monitor for native plant survival – Grant requirements completed in 2016 Monitor and treat for knotweed in year 3 (2016) on approximately 35 acres by City staff and contractor. Monitor for native plant survival in year 3 (2016) and replace dead plants on approximately 35 acres by FCRW/contractor Summary of Knotweed/Planting from Schedule above: 2014 – treat knotweed (July/August/September) 2015 – follow-up treatment of knotweed (July/August/September) 2016 – follow-up treatment of knotweed (July/August/September) 2016 – plant native species (November – December) 6e. - Community Services Department recommends approval of Amendment III Page 60 of 89 Member Jurisdiction & WRIA Forum Grant Program  Agreement Revision Request, Scope of Work Revision Detail  v7-18-08  Page 3 of 3 Revised District Acknowledgement: If applicable, describe how KCD funding will be acknowledged in association with the proposed revised activities over the duration of the project: N/A (acknowledgement has not changed from the original one year proposal except will be on-going for the three-year period). 6e. - Community Services Department recommends approval of Amendment III Page 61 of 89 Grantee: Awarded Project Budget (same as grant application budget)Proposed Revised Budget (same as information in most recent Expense Report-YTD actual expenditures) KCD Funds Total KCD Funds Total (by line item)(by line item) Salaries and Benefits 39450 76,000.00 5214 120,664.00 Salaries and Benefits 55000 25,000.00 48000 128000 Travel/Meals/Mileage 2244 350 220 2814 Travel/Meals/Mileage 2800 150 0 2950 Office/Field Supplies 3,360.00 3,000.00 260 6,620.00 Office/Field Supplies 480 1000 0 1480 Land Acquisition 0 0 0 0 Land Acquisition 0 0 0 0 Permits 0 0 0 0 Permits 0 0 0 0 Other (specify) Plants, Outreach Materials, food for events, Volunteers 25000 9660 34660 Other (specify) Plants 33000 0 0 33000 TOTAL (by source)89,254.00 79,350.00 15,354.00 183,958.00 TOTAL (by source)189,280.00 26,150.00 48,000.00 263,430.00 Other Funds (specify) City of Renton Other Funds (specify) Friends of the Cedar River Watershed Project Name: Landowner Collaboration for Knotweed Control on the Cedar River Revised Project Budget: Use the tables below to compare the awarded project budget to the proposed revised project budget. Alternatives for completing the tables include inserting the budget table from the original grant application to replace the Awarded Project Budget table; inserting the budget summary table from the most recent copy of the project expense report to replace the Proposed Revised Budget table; attaching budgets from a matching fund grant that clearly identifies the revised allocation of KCD Special Assessment funds. Other Funds (specify) City of Renton Contracted/Professional Services 19,200.00 0 0 Other Funds (specify) Friends of the Cedar River Watershed City of Renton 19,200.00 98000 0 0 98000Contracted/ Professional Services Member Jurisdiction & WRIA Forum Grant Program Budget Revision Detail Form 6e. - Community Services Department recommends approval of Amendment III Page 62 of 89 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Fire Mobilization Interagency Agreement Meeting: Regular Council - 13 Jan 2014 Exhibits: Interagency Agreement Resolution Submitting Data: Dept/Div/Board: Fire & Emergency Services Staff Contact: Erik Wallgren, Deputy Chief/7084 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ NA Transfer Amendment: $NA Amount Budgeted: $ NA Revenue Generated: $NA Total Project Budget: $ NA City Share Total Project: $ NA SUMMARY OF ACTION: This interagency agreement between the State of Washington, Washington State Patrol and Renton Fire & Emergency Services Department provides a process to quickly notify, assemble and deploy fire services personnel and equipment to any local fire jurisdiction within Washington State. Per the agreement, the Washington State Patrol shall also reimburse the Fire Agency upon the receipt of properly executed claim forms. The previous six year agreement began January 1, 2008 and ended December 31, 2013. The period of performance for this Agreement begins on January 1, 2014 and ends on December 31, 2018 unless terminated sooner as provided in the Agreement. STAFF RECOMMENDATION: Approve the resolution authorizing the Mayor and City Clerk to sign and execute the Interagency Agreement for Fire Mobilization. 6f. - Fire & Emergency Services Department recommends approval of an Page 63 of 89 6f. - Fire & Emergency Services Department recommends approval of an Page 64 of 89 6f. - Fire & Emergency Services Department recommends approval of an Page 65 of 89 6f. - Fire & Emergency Services Department recommends approval of an Page 66 of 89 6f. - Fire & Emergency Services Department recommends approval of an Page 67 of 89 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Reclassifications effective January 1, 2014, and retroactive to 2013. Meeting: Regular Council - 13 Jan 2014 Exhibits: Executive Summary Submitting Data: Dept/Div/Board: Human Resources Staff Contact: Nancy Carlson Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $17,436 Transfer Amendment: $ Amount Budgeted: $ $17,436 Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: 1. Title: Golf Course Supervisor Current Grade: m21 New Grade: m22 (no change in title) Budget impact 2014: $3864 (salary $1,932, retro amount $1,932) This salary adjustment will be retroactive to Jan. 1, 2013. The same budget impact will apply. The 404 Golf Course Enterprise Fund will cover the salary grade increase. 2. Title: Golf Professional Current Grade: m20 New Grade: m22 (no change in title) Budget impact 2014: $7368 (salary $3,684; retro amount $3,684) This salary adjustment will be retroactive to Jan. 1, 2013. The same budget impact will apply. The 404 Golf Course Enterprise Fund will cover the salary grade increase. 3. Title: Capital Project Coordinator, reclass to Civil Engineer III Current Grade: a25 New Grade: m28 Budget impact 2014: $6,204 This salary grade increase due to reclass will be covered by the departmental budget. STAFF RECOMMENDATION: Approve salary adjustments for two positions in the Community Services Department and one position in the Public Works Department as requested. 6g. - Human Resources and Risk Management Department recommends Page 68 of 89 6g. - Human Resources and Risk Management Department recommends Page 69 of 89 6g. - Human Resources and Risk Management Department recommends Page 70 of 89 6g. - Human Resources and Risk Management Department recommends Page 71 of 89 6g. - Human Resources and Risk Management Department recommends Page 72 of 89 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Eastside General Aviation Apron Rehabilitation Project Closeout – ICON Materials CAG-13-118 Meeting: Regular Council - 13 Jan 2014 Exhibits: Final Pay Estimate 1 Notice of Completion of Public Works Contract Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ben Dahle (x7476) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 195,758.13 Transfer Amendment: $ Amount Budgeted: $ 230,000 Revenue Generated: $ Total Project Budget: $ 230,000 City Share Total Project: $ 195,758.13 SUMMARY OF ACTION: The Eastside General Aviation Apron Rehabilitation Project was substantially complete on October 11, 2013, with a physical completion date of November 4, 2013. The contract amount was $195,406.04, and the total cost of construction is $195,758.13, a difference of $352.09 or less than 1% of the original contract amount. STAFF RECOMMENDATION: Accept completion of the project and of the final pay estimate in the amount of $186,814.40, and release retainage for the full project in the total amount of $8,938.73 after 60 days, subject to the required authorization. 6h. - Transportation Systems Division submits CAG-13-118, Eastside GA Apron Page 73 of 89 6h. - Transportation Systems Division submits CAG-13-118, Eastside GA Apron Page 74 of 89 6h. - Transportation Systems Division submits CAG-13-118, Eastside GA Apron Page 75 of 89 6h. - Transportation Systems Division submits CAG-13-118, Eastside GA Apron Page 76 of 89 6h. - Transportation Systems Division submits CAG-13-118, Eastside GA Apron Page 77 of 89 6h. - Transportation Systems Division submits CAG-13-118, Eastside GA Apron Page 78 of 89 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Agreement with the State of Washington Transportation Improvement Board for Grant Funding for the Logan Avenue North (Cedar River Bridge to North 6th Street) Improvement Project Meeting: Regular Council - 13 Jan 2014 Exhibits: Grant Agreement Status Form Submitting Data: Dept/Div/Board: Public Works Staff Contact: Juliana Fries, Program Development Coordinator (x7232) Recommended Action: Refer to Transportation/Aviation Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ 700,000 Revenue Generated: $4,618,248 Total Project Budget: $ 5,858,359 (after carryforward)City Share Total Project: $ SUMMARY OF ACTION: The Logan Avenue North (Cedar River Bridge to North 6th Street) Improvement Project was selected under the Washington State Transportation Improvement Board (TIB) for a grant of $4,618,248. The TIB grant will fund reconstruction of the roadway pavement, curb, gutter and sidewalk; add a landscaped buffer between the sidewalk and travel lane on the east side of Logan Avenue North; improve roadway drainage and channelization; install a traffic signal at the intersection of North 3rd Street and adjust the traffic signal at North 4th Street; install street lighting; pedestrian scale illumination; and install crosswalks and pedestrian ramps. The project cost is estimated at $6,525,780. Design ($752,970) is funded via a 2012 federal Surface Transportation Program (STP) grant (pro-rated at $652,000) and City share ($100,970). Construction will be funded by the TIB grant of $4,618,248 and the required City match is $1,154,562. Staff is proposing that the required local funding match for this grant be provided by Metro Mitigation funds ($500,000 held in Transportation Capital Fund 317), reallocation from the Arterial Rehabilitation Program of $404,000 (in 2015), and reallocation of $250,562 from the Intersection Safety and Mobility Program (2014/2015). The $500,000 Metro mitigation funds were placed in a King County Mitigation Reserve, by recommendation of the Committee of the Whole (March 15, 2004). These funds are part of a mitigation policy from the Regional Wastewater Services Plan, and the county has stipulated that such funds be dedicated to capital improvement projects. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into an agreement with the State of Washington Transportation Improvement Board for the obligation of grant funding and all subsequent agreements necessary to accomplish construction of this project. 6i. - Transportation Systems Division recommends approval of an agreement Page 79 of 89 6i. - Transportation Systems Division recommends approval of an agreement Page 80 of 89 6i. - Transportation Systems Division recommends approval of an agreement Page 81 of 89 6i. - Transportation Systems Division recommends approval of an agreement Page 82 of 89 6i. - Transportation Systems Division recommends approval of an agreement Page 83 of 89 6i. - Transportation Systems Division recommends approval of an agreement Page 84 of 89 6i. - Transportation Systems Division recommends approval of an agreement Page 85 of 89 6i. - Transportation Systems Division recommends approval of an agreement Page 86 of 89 6i. - Transportation Systems Division recommends approval of an agreement Page 87 of 89 8a. - Interlocal agreement with the Washington State Patrol regarding Page 88 of 89 8a. - Interlocal agreement with the Washington State Patrol regarding Page 89 of 89