HomeMy WebLinkAboutRegular Council Agenda Packet - 28 Jan 2013 - PdfAGENDA
RENTON CITY COUNCIL
REGULAR MEETING
January 28, 2013
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.PROCLAMATION
a. Renton Heart Month ‐ February 2013
4.SPECIAL PRESENTATION
a. Library Advisory Board Report
5.ADMINISTRATIVE REPORT
6.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.
7.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 1/14/2013. Council concur.
b. Mayor Law reappoints Michael Chen to the Planning Commission for a three‐year term
expiring 1/31/2016. Council concur.
c. City Clerk submits quarterly contract list for period 10/31/2012 through 12/31/2012, and
expiration report for agreements expiring 1/1/2013 to 6/30/2013. Information.
d. Court Case filed by Dorsie Williams v. City of Renton, represented by Raymond L.
Connell, Attorney for Plaintiff, alleging City negligence due to a broken sidewalk resulting in a
fall and injury. Refer to City Attorney and Insurance Services.
e. Community Services Department submits CAG‐11‐189, Cedar River Park Parking Lot
Lighting project; and requests approval of the project, commencement of a 60‐day lien period,
and release of retained amount of $11,983.06 to Transportation Systems, Inc., contractor, if all
required releases are obtained. Council concur.
f. Fire and Emergency Services Department recommends approval of Amendment #6 to CAG‐09‐
081, accepting $1,229,898 from King County for basic life support services for 2013 to be
divided amongst the City ‐ $916,361, King County Fire District #25 ‐ $105,875, and King County
Fire District #40 ‐ $207,662. Council concur.
Page 1 of 144
g. Transportation Systems Division recommends approval of an agreement with the Washington
State Department of Transportation to accept Federal Congestion Mitigation and Air Quality
(CMAQ) grant funds in the amount of $500,000 for the S. 7th St. and Shattuck Ave. S.
Intersection project. Council concur.
h. Transportation Systems Division recommends approval of an agreement with the Washington
State Department of Transportation to accept Transportation Improvement Board grant
funds in the amount of $585,230 for the S. 7th St. and Shattuck Ave. S. Intersection project.
Council concur.
i. Transportation Systems Division recommends approval of an agreement with the Washington
State Department of Transportation to accept Surface Transportation Program grant funds in
the amount of $951,000 for the Logan Ave. N. Roadway Improvements (N. Airport Way to N.
8th St.) project. Council concur.
j. Utility Systems Division recommends approval of an Amended and Restated Solid Waste
Interlocal Agreement with King County that extends the existing interlocal agreement (CAG‐88‐
057) from 6/30/2028 to 12/31/2040. Refer to Utilities Committee.
k. Utilities Systems Division submits CAG‐12‐056, SE 5th St. AC Water Main Replacement project;
and requests approval of the project, authorization for final pay estimate in the amount of
$3,608.03, commencement of a 60‐day lien period, and release of the retainage bond to B&B
Utilities and Excavating, LLC, contractor, if all required releases are obtained. Council concur.
l. Utility Systems Division recommends approval of a contract with CH2MHill in the amount of
$179,003 for the final engineering design of the Sunset Terrace Regional Stormwater Facility
project. Council concur.
8.UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be held
by the Chair if further review is necessary.
a. Finance Committee: Vouchers; Enterprise Asset Management & EnerGov Building Permit
Systems
b. Planning & Development Committee: Kirkland Townhomes Fee Waiver Request;
Comprehensive Plan Update Work Program & Public Participation Plan
c. Public Safety Committee: Pipeline Safety
9.RESOLUTIONS AND ORDINANCES
10.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
11.AUDIENCE COMMENT
12.ADJOURNMENT
Page 2 of 144
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
January 28, 2013
Monday, 6 p.m.
Comprehensive Plan Update (briefing only);
Sunset Area Community Investment Strategy (briefing only)
• 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 144
3a. ‐ Renton Heart Month ‐ February 2013 Page 4 of 144
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Reappointment to Planning Commission - Michael
Chen
Meeting:
Regular Council - 28 Jan 2013
Exhibits:
None
Submitting Data: Dept/Div/Board:
Executive
Staff Contact:
April Alexander, Executive Assistant, x6520
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $N/A
Amount Budgeted: $ N/A Revenue Generated: $N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Mayor Law reappoints the following to the Planning Commission:
Mr. Michael Chen, 6214 NE 5th Court, Renton, 98059, for a term that expires on January 31, 2016.
STAFF RECOMMENDATION:
Concur with Mayor Law's reappointment of Mr. Chen to the Planning Commision.
7b. ‐ Mayor Law reappoints Michael Chen to the Planning Commission
for a three‐year term expiring 1/31/2016. Council concur.
Page 5 of 144
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
City of Renton Contract Lists:
Signed 4th Quarter 2012
Six-month Expiration Report
Meeting:
Regular Council - 28 Jan 2013
Exhibits:
List of agreements signed from October 1, 2012
through December 31, 2012;
List of agreements expiring between January 1,
2013 and June 30, 2013.
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie I. Walton
Recommended Action:
None; Information only
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $N/A
Amount Budgeted: $ N/A Revenue Generated: $N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Fully executed in fourth quarter 2012 were 38 contracts, 19 addendums, 15 change orders, and 1 lease
affecting 73 agreements.
The six-month expiration report shows 27 agreements that will expire between January 1, 2013 and
June 30, 2013.
STAFF RECOMMENDATION:
None; Information only
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 6 of 144
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 7 of 144
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 8 of 144
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 9 of 144
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 10 of 144
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 11 of 144
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 12 of 144
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 13 of 144
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 14 of 144
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 15 of 144
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 16 of 144
7c. ‐ City Clerk submits quarterly contract list for period 10/31/2012
through 12/31/2012, and expiration report for agreements expiring Page 17 of 144
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
CRT-13-001; Dorsie Williams v City of Renton
Meeting:
Regular Council - 28 Jan 2013
Exhibits:
Summons
Complaint for Negligence
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie Walton, City Clerk, x6502
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:
Summons and Complaint for Negligence filed by Dorsie Williams, represented by Raymond L. Connell,
Attorney for Plaintiff, v. the City of Renton regarding alleged City negligence due to a broken sidewalk
resulting in a fall and injury.
STAFF RECOMMENDATION:
n/a
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 18 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 19 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 20 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 21 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 22 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 23 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 24 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 25 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 26 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 27 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 28 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 29 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 30 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 31 of 144
7d. ‐ Court Case filed by Dorsie Williams v. City of Renton, represented
by Raymond L. Connell, Attorney for Plaintiff, alleging City negligence
Page 32 of 144
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Retention Pay Application - Cedar River Park
Parking Lot Lighting
Meeting:
Regular Council - 28 Jan 2013
Exhibits:
Notice of Completion
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Todd Black, Capital Project Coordinator, Ext. 6571
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ 11,983.06 Transfer Amendment: $N/A
Amount Budgeted: $ 334,949.00 Revenue Generated: $N/A
Total Project Budget: $ 334,949.00 City Share Total Project: $ N/A
SUMMARY OF ACTION:
The Community Services Department submits CAG-11-189, Cedar River Park Parking Lot Lighting, for
release of retainage.The project started on February 22, 2012, and was completed on May 24, 2012. The
contractor did not complete all of their close-out paperwork until January 2013. The contractor,
Transportation Systems, Inc., completed the terms of the contract by installing lighting improvements to
Cedar River Park parking lot.
STAFF RECOMMENDATION:
Approve the project, and release the retained amount of $11,983.06. All required lien releases have
been obtained.
7e. ‐ Community Services Department submits CAG‐11‐189, Cedar River
Park Parking Lot Lighting project; and requests approval of the
Page 33 of 144
7e. ‐ Community Services Department submits CAG‐11‐189, Cedar River
Park Parking Lot Lighting project; and requests approval of the
Page 34 of 144
7e. ‐ Community Services Department submits CAG‐11‐189, Cedar River
Park Parking Lot Lighting project; and requests approval of the
Page 35 of 144
7e. ‐ Community Services Department submits CAG‐11‐189, Cedar River
Park Parking Lot Lighting project; and requests approval of the
Page 36 of 144
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
King County Basic Life Support (BLS) Contract
January 1, 2013 - December 31, 2013
Meeting:
Regular Council - 28 Jan 2013
Exhibits:
King County Contract #D39144D Amendment #6
Amendment Exhibit B - 2013 EMS Proposed
Budget
Submitting Data: Dept/Div/Board:
Fire & Emergency Services
Staff Contact:
Erik Wallgren, Deputy Chief/7084
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $N/A
Amount Budgeted: $ $900,000.00 Revenue Generated: $$916,361.00
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
The 2009-2013 King County Basic Life Support (BLS) 2013 Amendment #6 to the Contract for Services
from Seattle-King County Department of Public Health EMS provides a subsidy for the combined City of
Renton, Fire District #25 and Fire District #40 EMS Services. These services include equipment, salaries,
training and transport of patients to local hospitals. Ths one-year subsidy Amendment #6 is effective
from January 1, 2013 to December 31, 2013.
The combined annual amount of $1,229,898.00 (City of Renton - $916,361.00; KCFD #25 - $105,875.00;
KCFD #40 - $207,662) is based on the 2013 BLS funding formula (calculations include unincorporated
ratios, assessed valuation (AV) amounts, and call volume amounts). The City will be paid the total
amount and the two District contracts will be reduced by their portion in 2013. This distribution of
funding is the annual entitlement of the 2008-2013 King County Levy funded from Real Property Taxes.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the King County Basic Life Support Services 2013
Contract Amendment #6.
7f. ‐ Fire and Emergency Services Department recommends approval of
Amendment #6 to CAG‐09‐081, accepting $1,229,898 from King County Page 37 of 144
7f. ‐ Fire and Emergency Services Department recommends approval of
Amendment #6 to CAG‐09‐081, accepting $1,229,898 from King County Page 38 of 144
7f. ‐ Fire and Emergency Services Department recommends approval of
Amendment #6 to CAG‐09‐081, accepting $1,229,898 from King County Page 39 of 144
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Federal Funding for South 7th Street at Shattuck
Ave South Improvements
Meeting:
Regular Council - 28 Jan 2013
Exhibits:
Local Agency Agreement
Local Agency Federal Aid Project Prospectus
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Juliana Fries, Program Development Coordinator,
x7232
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ $192,000 (2013)Revenue Generated: $$500,000
Total Project Budget: $ $1,185,230 (Intersection)City Share Total Project: $ -0-
SUMMARY OF ACTION:
The South 7th Street at Shattuck Avenue South Intersection Project was selected under the Countywide
Selection Process for a Congestion Mitigation Air Quality (CMAQ) grant of $500,000.
This federal grant, combined with the recently awarded TIB grant, will install a traffic signal at the
intersection of South 7th Street and Shattuck Avenue South, add a right-turn lane on South 7th Street to
provide access to the Renton Park & Ride, install new sidewalks on South 7th Street and add a
landscaped planter between the travel lane and the sidewalks.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into the Local Agency Agreement with the Washington
State Department of Transportation for the obligation of grant funding and all subsequent agreements
necessary to accomplish this project.
7g. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 40 of 144
7g. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 41 of 144
7g. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 42 of 144
7g. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 43 of 144
7g. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 44 of 144
7g. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 45 of 144
7g. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 46 of 144
7g. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 47 of 144
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
South 7th Street at Shattuck Avenue South
Improvements
Meeting:
Regular Council - 28 Jan 2013
Exhibits:
State of Washington Transportation Improvement Board and
City of Renton Agreement
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Juliana Fries, Program Development
Coordinator, x7232
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ $192,000 (2013)Revenue Generated: $$585,230
Total Project Budget: $ $1,185,230 (Intersection)City Share Total Project: $ -0-
SUMMARY OF ACTION:
The South 7th Street at Shattuck Avenue South Intersection Project was selected under the Washington
State Transportation Improvement Board (TIB) for a grant of $585,230.
The TIB grant, combined with the recently awarded Congestion Mitigation Air Quality (CMAQ) grant,
will install a traffic signal at the intersection of South 7th Street and Shattuck Avenue South, add a right-
turn lane on South 7th Street to provide access to the Renton Park & Ride, install new sidewalks on
South 7th Street and add a landscaped planter between the travel lane and sidewalks.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into the State of Washington Transportation Improvement
Board and City of Renton Agreement for the obligation of grant funding and all subsequent agreements
necessary to accomplish construction of this project.
7h. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 48 of 144
7h. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 49 of 144
7h. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 50 of 144
7h. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 51 of 144
7h. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 52 of 144
7h. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 53 of 144
7h. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 54 of 144
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Logan Ave N Roadway Imporvments (N Airport
Way to N 8th Street)
Meeting:
Regular Council - 28 Jan 2013
Exhibits:
Local Agency Agreement
Local Agency Federal Aid Project Prospectus
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Juliana Fries, Program Development Coordinator,
x7232
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required:
$ Transfer Amendment: $
Amount Budgeted: $ $800,000 (2013)Revenue Generated: $$951,000
Total Project Budget: $ $1,100,000 (Preliminary
Eng)City Share Total Project: $ -0-
SUMMARY OF ACTION:
The Logan Avenue North Roadway Improvements (North Airport Way to North 8th Street) Project was
selected under the Countywide Selection Process for a Surface Transportation Program (STP) grant of
$951,000.
This federal grant will provide for the design (preliminary engineering) of improvements, which include
transit signal priority system, sidewalks between the Cedar River Bridge and North 4th Street, extension
of the Lake Washington Trail on the west side of the Cedar River Bridge, design of the roadway
pavement and an additional northbound travel lane between North 6th Street and North 8th Street.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into the Local Agency Agreement with the Washington
State Department of Transportation for the obligation of grant funding and all subsequent agreements
necessary to accomplish this project.
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 55 of 144
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 56 of 144
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 57 of 144
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 58 of 144
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 59 of 144
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 60 of 144
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 61 of 144
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 62 of 144
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 63 of 144
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 64 of 144
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 65 of 144
7i. ‐ Transportation Systems Division recommends approval of an
agreement with the Washington State Department of Transportation to Page 66 of 144
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Amended and Restated Solid Waste Interlocal
Agreement between Renton and King County
Meeting:
Regular Council - 28 Jan 2013
Exhibits:
Issue Paper
Interlocal Agreement
FAQ’s
Solid Waste Governance
Rate Difference Between the 1988 ILA and the
Amended and Restated ILA
Resolution
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Linda Knight, Solid Waste Coordinator, x7397
Recommended Action:
Refer to Utilities Committee
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
King County and Sound Cities have negotiated an Amended and Restated Solid Waste Interlocal
Agreement between King County and Cities that extends Renton’s Solid Waste Interlocal Agreement of
1988 with King County by 12.5 years, from June 2028 through December 2040.
This new agreement will foster cooperation in our regional solid waste system and adds several
significant benefits, including liability protections for the City, and ensures lower disposal rates by
allowing for longer-term bonding for capital projects.
King County requires action by April 30, 2013, in order to plan for future system investments and to
develop financial policies that will inform future rate studies.
STAFF RECOMMENDATION:
Approve the resolution authorizing the Mayor and City Clerk to execute the Amended and Restated
Solid Waste Interlocal Agreement between King County and Cities that extends the Solid Waste
Interlocal Agreement of 1988 from June 2028 to December 2040 and provides additional liability
protection for the City.
7j. ‐ Utility Systems Division recommends approval of an Amended and
Restated Solid Waste Interlocal Agreement with King County that Page 67 of 144
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:January 17, 2013
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Linda Knight, Solid Waste Coordinator, x7397
SUBJECT:Amended and Restated Solid Waste Interlocal Agreement
between Renton and King County
Issue:
Should the City sign the Amended and Restated Solid Waste Interlocal Agreement
between King County and Cities (Amended ILA) that extends the Solid Waste Interlocal
Agreement of 1988 (Existing ILA) by 12.5 years and provides for additional benefits to
cities?
Recommendation:
Approve the resolution authorizing the Mayor and City Clerk to execute the Amended
and Restated Solid Waste Interlocal Agreement between King County and Cities that
extends the Solid Waste Interlocal Agreement of 1988 from June 2028 to December
2040 and provides additional liability protection for the City.
Background:
King County and the Metropolitan Solid Waste Management Advisory Committee have
been working together over the past two years to extend the Existing ILA, which Renton
has signed. After intensive negotiations, a team of City and County representatives,
including Jay Covington, has reached agreement on an Amended ILA that will foster
cooperation in our regional solid waste system. This agreement extends the Existing ILA
by 12.5 years, from June 2028 through December 2040, and aims to keep county
disposal rates lower by allowing for longer-term bonding for capital projects.
The Amended ILA includes several significant enhancements over the Existing ILA. It
provides an updated liability section guided by principles from the Sound Cities
Association (SCA) to protect City and county general funds from long-term liability and
establishes a protocol for payment of Environmental Liabilities, if and when they arise,
including the purchase of insurance and investment in reserves. The intent to protect
both City and county general funds from Environmental Liabilities to the greatest extent
feasible is explicit. Other improvements to the Existing ILA include:
7j. ‐ Utility Systems Division recommends approval of an Amended and
Restated Solid Waste Interlocal Agreement with King County that Page 68 of 144
Mr. Randy Corman, Council President
Page 2 of 2
January 17, 2013
H:\File Sys\SWU - Solid Waste Utility\SWU-07 - KCSWD\SWU-07-0014 - ILA\ILA Issue Paper Council January 28
2013.docx\LKtp
Commitment to the continued involvement of the City advisory group, renamed
the Metropolitan Solid Waste Advisory Committee (MSWAC)
·Maintains consistency with the role of the Regional Policy Committee (RPC) as
provided by the King County Charter
·An expanded role for Cities in system planning, including long-term disposal
alternatives and review of financial policies
·A dispute resolution process, which includes non-binding mediation
·An acknowledgment that solid waste facilities are regional facilities and host
cities and neighboring cities may receive mitigation for impacts
By mid-2014, the King County Solid Waste Division will propose rates for the 2015-16
rate period. Financial policies developed in collaboration with the MSWAC will inform
the rate study. To allow sufficient time to develop those policies, the county needs each
City to act on the Amended ILA by April 30, 2013. While each city signs an individual
ILA with King County for solid waste disposal services, the Amended ILA is designed to
be applicable to all cities and requires a significant majority of cities to sign in order for
the system to remain cost effective. If an individual city does not sign the extension, their
existing agreement remains in effect through 2028 and they will pay higher rates
reflecting the cost of shorter bond terms. Additionally, cities that choose not to sign the
Amended ILA will not receive the newly negotiated benefits, including those protections
related to potential environmental liability.
Conclusion:
The Amended and Restated Solid Waste Interlocal Agreement between King County and
Cities provides an opportunity to restate the City’s commitment to regional and
cooperative management of Solid Waste. In addition this agreement provides benefits
for the City as a host to one of King County’s transfer stations, as well as protection to
the City’s General Fund for potential environmental liabilities associated with the City’s
contributions to the county disposal system.
7j. ‐ Utility Systems Division recommends approval of an Amended and
Restated Solid Waste Interlocal Agreement with King County that Page 69 of 144
- 1 -
AMENDED AND RESTATED SOLID WASTE
INTERLOCAL AGREEMENT
This Amended and Restated Solid Waste Interlocal Agreement (“Agreement”) is entered
into between King County, a political subdivision of the State of Washington and the City of
, a municipal corporation of the State of Washington, hereinafter referred
to as "County" and "City" respectively. Collectively, the County and the City are referred to as
the “Parties.” This Agreement has been authorized by the legislative body of each jurisdiction
pursuant to formal action as designated below:
King County: Ordinance No. __________
City: ________________________________________________
PREAMBLE
A. This Agreement is entered into pursuant to chapter 39.34 RCW for the purpose of
extending, restating and amending the Solid Waste Interlocal Agreement between the
Parties originally entered into in ____ (the “Original Agreement”). The Original
Agreement provided for the cooperative management of Solid Waste in King County for
a term of forty (40) years, through June 30, 2028. The Original Agreement is superseded
by this Amended and Restated Agreement, as of the effective date of this Agreement.
This Amended and Restated Agreement is effective for an additional twelve (12) years
through December 31, 2040.
B. The Parties intend to continue to cooperatively manage Solid Waste and to work
collaboratively to maintain and periodically update the existing King County
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Comprehensive Solid Waste Management Plan (Comprehensive Plan) adopted pursuant
to chapter 70.95 RCW.
C. The Parties continue to support the established goals of Waste Prevention and Recycling
as incorporated in the Comprehensive Solid Waste Management Plan, and to meet or
surpass applicable environmental standards with regard to the Solid Waste System.
D. The County and the Cities agree that System-related costs, including environmental
liabilities, should be funded by System revenues which include but are not limited to
insurance proceeds, grants and rates;
E. The County, as the service provider, is in the best position to steward funds System
revenues that the County and the Cities intend to be available to pay for environmental
liabilities; and
F. The County and the Cities recognize that at the time this Agreement goes into effect, it is
impossible to know what the ultimate environmental liabilities could be; nevertheless, the
County and the Cities wish to designate in this Agreement a protocol for the designation
and distribution of funding for potential future environmental liabilities in order to protect
the general funds of the County and the Cities.
G. The County began renting the Cedar Hills Landfill from the State of Washington in 1960
and began using it for Disposal of Solid Waste in 1964. The County acquired ownership
of the Cedar Hills Landfill from the State in 1992. The Cedar Hills Landfill remains an
asset owned by the County.
H. The Parties expect that the Cedar Hills Landfill will be at capacity and closed at some
date during the term of this Agreement, after which time all Solid Waste under this
Agreement will need to be disposed of through alternate means, as determined by the
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Cities and the County through amendments to the Comprehensive Solid Waste
Management Plan. The County currently estimates the useful life of the Cedar Hills
Landfill will extend through 2025. It is possible that this useful life could be extended, or
shortened, by System management decisions or factors beyond the control of the Parties.
I. The County intends to charge rent for the use of the Cedar Hills Landfill for so long as
the System uses this general fund asset and the Parties seek to clarify terms relative to the
calculation of the associated rent.
J. The County and Cities participating in the System have worked collaboratively for
several years to develop a plan for the replacement or upgrading of a series of transfer
stations. The Parties acknowledge that these transfer station improvements, as they may
be modified from time-to-time, will benefit Cities that are part of the System and the
County. The Parties have determined that the extension of the term of the Original
Agreement by twelve (12) years as accomplished by this Agreement is appropriate in
order to facilitate the long-term financing of transfer station improvements and to
mitigate rate impacts of such financing.
K. The Parties have further determined that in order to equitably allocate the benefit to all
System Users from the transfer station improvements, different customer classes may be
established by the County to ensure System Users do not pay a disproportionate share of
the cost of these improvements as a result of a decision by a city not to extend the term of
the Original Agreement.
L. The Parties have further determined it is appropriate to strengthen and formalize the
advisory role of the Cities regarding System operations.
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The Parties agree as follows:
I. DEFINITIONS
For purposes of this Agreement the following definitions shall apply:
“Cedar Hills Landfill” means the landfill owned and operated by the County located in
southeast King County.
“Cities” refers to all Cities that have signed an Amended and Restated Solid Waste
Interlocal Agreement in substantially identical form to this Agreement.
"Comprehensive Solid Waste Management Plan" or “Comprehensive Plan” means the
Comprehensive Solid Waste Management Plan, as approved and amended from time to time, for
the System, as required by chapter 70.95.080 RCW.
“County” means King County, a Charter County and political subdivision of the State of
Washington.
"Disposal" means the final treatment, utilization, processing, deposition, or incineration
of Solid Waste but shall not include Waste Prevention or Recycling as defined herein.
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“Disposal Rates” means the fee charged by the County to System Users to cover all costs
of the System consistent with this Agreement, all state, federal and local laws governing solid
waste and the Solid Waste Comprehensive Plan.
"Divert" means to direct or permit the directing of Solid Waste to Disposal sites other
than the Disposal site(s) designated by King County.
"Energy/Resource Recovery" means the recovery of energy in a usable form from mass
burning or refuse-derived fuel incineration, pyrolysis or any other means of using the heat of
combustion of Solid Waste that involves high temperature (above 1,200 degrees F) processing.
(chapter 173.350.100 WAC).
"Landfill" means a Disposal facility or part of a facility at which Solid Waste is placed in
or on land and which is not a land treatment facility.
“Metropolitan Solid Waste Advisory Committee” or “MSWAC” means the advisory
committee composed of city representatives, established pursuant to Section IX of this
Agreement.
"Moderate Risk Waste" means waste that is limited to conditionally exempt small
quantity generator waste and household hazardous waste as those terms are defined in chapter
173-350 WAC, as amended.
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“Original Agreement” means the Solid Waste Interlocal Agreement first entered into by
and between the Parties, which is amended and restated by this Agreement. “Original
Agreements” means collectively all such agreements between Cities and the County in
substantially the same form as the Original Agreement.
“Parties” means collectively the County and the City or Cities.
"Recycling" as defined in chapter 70.95.030 RCW, as amended, means transforming or
remanufacturing waste materials into usable or marketable materials for use other than landfill
Disposal or incineration.
“Regional Policy Committee” means the Regional Policy Committee created pursuant to
approval of the County voters in 1993, the composition and responsibilities of which are
prescribed in King County Charter Section 270 and chapter 1.24 King County Code, as they now
exist or hereafter may be amended.
"Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes
including but not limited to garbage, rubbish, ashes, industrial wastes, swill, commercial waste,
sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof,
contaminated soils and contaminated dredged materials, discarded commodities and recyclable
materials, but shall not include dangerous, hazardous, or extremely hazardous waste as those
terms are defined in chapter 173-303 WAC, as amended; and shall further not include those
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wastes excluded from the regulations established in chapter 173-350 WAC, more specifically
identified in Section 173-350-020 WAC.
"Solid Waste Advisory Committee" or "SWAC" means the inter-disciplinary advisory
forum or its successor created by the King County Code pursuant to chapter 70.95.165 RCW.
“System” includes King County’s Solid Waste facilities used to manage Solid Wastes
which includes but is not limited to transfer stations, drop boxes, landfills, recycling systems and
facilities, energy and resource recovery facilities and processing facilities as authorized by
chapter 36.58.040 RCW and as established pursuant to the approved King County
Comprehensive Solid Waste Management Plan.
“System User” or “System Users” means Cities and any person utilizing the County’s
System for Solid Waste handling, Recycling or Disposal.
"Waste Prevention" means reducing the amount or type of waste generated. Waste
Prevention shall not include reduction of already-generated waste through energy recovery,
incineration, or otherwise.
II. PURPOSE
The purpose of this Agreement is to foster transparency and cooperation between the
Parties and to establish the respective responsibilities of the Parties in a Solid Waste management
System, including but not limited to, planning, Waste Prevention, Recycling, and Disposal. .
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III. DURATION
This Agreement shall become effective as of ___________, and shall remain in effect
through December 31, 2040.
IV. APPROVAL
This Agreement will be approved and filed in accordance with chapter 39.34 RCW.
V. RENEGOTIATION TO FURTHER EXTEND TERM OF AGREEMENT
5.1 The Parties recognize that System Users benefit from long-term Disposal
arrangements, both in terms of predictability of System costs and operations, and the likelihood
that more cost competitive rates can be achieved with longer-term Disposal contracts as
compared to shorter-term contracts. To that end, at least seven (7) years before the date that the
County projects that the Cedar Hills Landfill will close, or prior to the end of this Agreement,
whichever is sooner, the County will engage with MSWAC and the Solid Waste Advisory
Committee, among others, to seek their advice and input on the Disposal alternatives to be used
after closure of the Cedar Hills Landfill, associated changes to the System, estimated costs
associated with the recommended Disposal alternatives, and amendments to the Comprehensive
Solid Waste Management Plan necessary to support these changes. Concurrently, the Parties will
meet to negotiate an extension of the term of the Agreement for the purpose of facilitating the
long-term Disposal of Solid Waste after closure of the Cedar Hills Landfill. Nothing in this
Agreement shall require the Parties to reach agreement on an extension of the term of this
Agreement. If the Parties fail to reach agreement on an extension, the Dispute Resolution
provisions of Section XIII do not apply, and this Agreement shall remain unchanged.
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5.2 Notwithstanding any other provision in this Agreement to the contrary, the
Parties may, pursuant to mutual written agreement, modify or amend any provision of this
Agreement at any time during the term of said Agreement.
VI. GENERAL OBLIGATIONS OF PARTIES
6.1 King County
6.1.a Management. The County agrees to provide Solid Waste management
services, as specified in this Section, for Solid Waste generated and collected within the City,
except waste eliminated through Waste Prevention or waste recycling activities. The County
agrees to dispose of or designate Disposal sites for all Solid Waste and Moderate Risk Waste
generated and/or collected within the corporate limits of the City which is delivered to the
System in accordance with all applicable Federal, State and local environmental health laws,
rules, or regulations, as those laws are described in Subsection 8.5.a. The County shall maintain
records as necessary to fulfill obligations under this Agreement.
6.1.b Planning. The County shall serve as the planning authority for Solid Waste
and Moderate Risk Waste under this Agreement but shall not be responsible for planning for any
other waste or have any other planning responsibility under this Agreement.
6.1.c Operation. King County shall be or shall designate or authorize the
operating authority for transfer, processing and Disposal facilities, including public landfills and
other facilities, consistent with the adopted Comprehensive Plan as well as closure and post-
closure responsibilities for landfills which are or were operated by the County.
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6.1.d Collection Service. The County shall not provide Solid Waste collection
services within the corporate limits of the City, unless permitted by law and agreed to by both
Parties.
6.1.e Support and Assistance. The County shall provide support and technical
assistance to the City consistent with the Comprehensive Solid Waste Management Plan for a
Waste Prevention and Recycling program. Such support may include the award of grants to
support programs with System benefits. The County shall develop educational materials related
to Waste Prevention and Recycling and strategies for maximizing the usefulness of the
educational materials and will make these available to the City for its use. Although the County
will not be required to provide a particular level of support or fund any City activities related to
Waste Prevention and Recycling, the County intends to move forward aggressively to promote
Waste Prevention and Recycling.
6.1.f Forecast. The County shall develop Solid Waste stream forecasts in
connection with System operations as part of the comprehensive planning process in accordance
with Article XI.
6.1.g Facilities and Services. The County shall provide facilities and services
pursuant to the Comprehensive Solid Waste Management Plan and the Solid Waste Transfer and
Waste Management plan as adopted and County Solid Waste stream forecasts.
6.1.h Financial Policies. The County will maintain financial policies to guide
the System’s operations and investments. The policies shall be consistent with this Agreement
and shall address debt issuance, rate stabilization, cost containment, reserves, asset ownership
and use, and other financial issues. The County shall primarily use long term bonds to finance
transfer System improvements. The policies shall be developed and/or revised through
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discussion with MSWAC, the Regional Policy Committee, the County Executive and the County
Council. Such policies shall be codified at the same time as the Comprehensive Plan updates,
but may be adopted from time to time as appropriate outside the Comprehensive Plan process.
6.2 City
6.2.a Collection. The City, an entity designated by the City or such other entity
as is authorized by state law shall serve as operating authority for Solid Waste collection services
provided within the City's corporate limits.
6.2.b Disposal. The City shall cause to be delivered to the County’s System for
Disposal all such Solid Waste and Moderate Risk Waste which is authorized to be delivered to
the System in accordance with all applicable Federal, State and local environmental health laws,
rules or regulations and is generated and/or collected within the corporate limits of the City and
shall authorize the County to designate Disposal sites for the Disposal of all such Solid Waste
and Moderate Risk Waste generated or collected within the corporate limits of the City, except
for Solid Waste which is eliminated through Waste Prevention or waste Recycling activities
consistent with the Comprehensive Solid Waste Management Plan. No Solid Waste generated or
collected within the City may be Diverted from the designated Disposal sites without County
approval.
6.3 JOINT RESPONSIBILITIES.
6.3.a Consistent with the Parties’ overall commitment to ongoing
communication and coordination, the Parties will endeavor to notify and coordinate with each
other on the development of any City or County plan, facility, contract, dispute, or other Solid
Waste issue that could have potential significant impacts on the County, the System, or the
City or Cities.
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6.3.b The Parties, together with other Cities, will coordinate on the development
of emergency plans related to Solid Waste, including but not limited to debris management.
VII. COUNTY SHALL SET DISPOSAL RATES
AND OPERATING RULES FOR DISPOSAL; USE OF SYSTEM REVENUES
7.1 In establishing Disposal Rates for System Users, the County shall consult with
MSWAC consistent with Section IX. The County may adopt and amend by ordinance rates
necessary to recover all costs of the System including but not limited to operations and
maintenance, costs for handling, processing and Disposal of Solid Waste, siting, design and
construction of facility upgrades or new facilities, Recycling, education and mitigation, planning,
Waste Prevention, reserve funds, financing, defense and payment of claims, insurance, System
liabilities including environmental releases, monitoring and closure of landfills which are or
were operated by the County, property acquisition, grants to cities, and administrative functions
necessary to support the System and Solid Waste handling services during emergencies as
established by local, state and federal agencies or for any other lawful solid waste purpose, and
in accordance with chapter 43.09.210 RCW. Revenues from Disposal rates shall be used only for
such purposes. The County shall establish classes of customers for Solid Waste management
services and by ordinance shall establish rates for classes of customers.
7.2. It is understood and agreed that System costs include payments to the County
general fund for Disposal of Solid Waste at the Cedar Hills Landfill calculated in accordance
with this Section 7.2, and that such rental payments shall be established based on use valuations
provided to the County by an independent-third party Member, Appraisal Institute (MAI)
certified appraiser selected by the County in consultation with MSWAC.
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7.2.a A use valuation shall be prepared consistent with MAI accepted principles
for the purpose of quantifying the value to the System of the use of Cedar Hills Landfill for
Disposal of Solid Waste over a specified period of time (the valuation period). The County shall
establish a schedule of annual use charges for the System’s use of the Cedar Hills Landfill which
shall not exceed the most recent use valuation. Prior to establishing the schedule of annual use
charges, the County shall seek review and comment as to both the use valuation and the
proposed payment schedule from MSWAC. Upon request, the County will share with and
explain to MSWAC the information the appraiser requests for purposes of developing the
appraiser's recommendation.
7.2.b Use valuations and the underlying schedule of use charges shall be
updated if there are significant changes in Cedar Hills Landfill capacity as a result of opening
new Disposal areas and as determined by revisions to the existing Cedar Hills Regional Landfill
Site Development Plan; in that event, an updated appraisal will be performed in compliance with
MAI accepted principles. Otherwise, a reappraisal will not occur. Assuming a revision in the
schedule of use charges occurs based on a revised appraisal, the resulting use charges shall be
applied beginning in the subsequent rate period.
7.2.c The County general fund shall not charge use fees or receive other
consideration from the System for the System’s use of any transfer station property in use as of
the effective date of this Agreement. The County further agrees that the County general fund
may not receive payments from the System for use of assets to the extent those assets are
acquired with System revenues. As required by chapter 43.09.210 RCW, the System’s use of
assets acquired with the use of other separate County funds (e.g., the Roads Fund, or other funds)
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will be subject to use charges; similarly, the System will charge other County funds for use of
System property.
VIII. LIABILITY
8.1 Non-Environmental Liability Arising Out-of-County Operations. Except as
provided in this Section, Sections 8.5 and 8.6, the County shall indemnify and hold harmless the
City and shall have the right and duty to defend the City through the County's attorneys against
any and all claims arising out of the County's operations during the term of this Agreement and
settle such claims, provided that all fees, costs, and expenses incurred by the County thereby are
System costs which may be satisfied from Disposal Rates as provided in Section VII herein. In
providing such defense of the City, the County shall exercise good faith in such defense or
settlement so as to protect the City's interest. For purposes of this Section "claims arising out of
the County's operations" shall mean claims arising out of the ownership, control, or maintenance
of the System, but shall not include claims arising out of the City's operation of motor vehicles in
connection with the System or other activities under the control of the City which may be
incidental to the County's operation. The provisions of this Section shall not apply to claims
arising out of the sole negligence or intentional acts of the City. The provisions of this Section
shall survive for claims brought within three (3) years past the term of this Agreement
established under Section III.
8.2 Cooperation. In the event the County acts to defend the City against a claim under
Section 8.1, the City shall cooperate with the County.
8.3 Officers, Agents, and Employees. For purposes of this Section VIII, references to
City or County shall be deemed to include the officers, employees and agents of either Party,
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acting within the scope of their authority. Transporters or generators of waste who are not
officers or employees of the City or County are not included as agents of the City or County for
purposes of this Section.
8.4 Each Party by mutual negotiation hereby waives, with respect to the other Party
only, any immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW.
8.5 Unacceptable Waste
8.5.a All waste generated or collected from within the corporate limits of the
City which is delivered to the System for Disposal shall be in compliance with the Resource
Conservation and Recovery Act (42 U.S.C. § 6901 et seq.) (RCRA), chapters 70.95 and 70.105
RCW, King County Code Title 10, King County Board of Health Rules and Regulations, the
Solid Waste Division operating rules, and all other Federal, State and local environmental health
laws, rules or regulations that impose restrictions or requirements on the type of waste that may
be delivered to the System, as they now exist or are hereafter adopted or amended.
8.5.b For purposes of this Agreement, the City shall be deemed to have
complied with the requirements of Subsection 8.5.a if it has adopted an ordinance requiring
waste delivered to the System for Disposal to meet the laws, rules, or regulations specified in
Subsection 8.5.a. However, nothing in this Agreement is intended to relieve the City from any
obligation or liability it may have under the laws mentioned in Subsection 8.5.a arising out of the
City's actions other than adopting, enforcing, or requiring compliance with said ordinance, such
as liability, if any exists, of the City as a transporter or generator for improper transport or
Disposal of regulated dangerous waste. Any environmental liability the City may have for
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releases of pollutants or hazardous or dangerous substances or wastes to the environment is dealt
with under Sections 8.6 and 8.7.
8.5.c The City shall hold harmless, indemnify and defend the County for any
property damages or personal injury caused solely by the City's failure to adopt an ordinance
under Subsection 8.5.b. In the event the City acts to defend the County under this Subsection, the
County shall cooperate with the City.
8.5.d The City shall make best efforts to include language in its contracts,
franchise agreements, or licenses for the collection of Solid Waste within the City that allow for
enforcement by the City against the collection contractor, franchisee or licensee for violations of
the laws, rules, or regulations in Subsection 8.5.a. The requirements of this Subsection 8.5.d shall
apply to the City's first collection contract, franchise, or license that becomes effective or is
amended after the effective date of this Agreement.
8.5.d.i If waste is delivered to the System in violation of the laws,
rules, or regulations in Subsection 8.5.a, before requiring the City to take any action under
Subsection 8.5.d.ii, the County will make reasonable efforts to determine the parties’ responsible
for the violation and will work with those parties to correct the violation, consistent with
applicable waste clearance and acceptance rules, permit obligations, and any other legal
requirements.
8.5.d.ii If the violation is not corrected under Subsection 8.5.d.i and
waste is determined by the County to have been generated or collected from within the corporate
limits of the City, the County shall provide the City with written notice of the violation. Upon
such notice, the City shall take immediate steps to remedy the violation and prevent similar
future violations to the reasonable satisfaction of the County which may include but not be
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limited to removing the waste and disposing of it in an approved facility; provided that nothing
in this Subsection 8.5.d.ii shall obligate the City to handle regulated dangerous waste, as defined
in WAC 173-351-200(1)(b)(i), and nothing in this Subsection shall relieve the City of any
obligation it may have apart from this Agreement to handle regulated dangerous waste. If, in
good faith, the City disagrees with the County regarding the violation, such dispute shall be
resolved between the Parties using the Dispute Resolution process in Section XII or, if
immediate action is required to avoid an imminent threat to public health, safety or the
environment, in King County Superior Court. Each Party shall be responsible for its own
attorneys' fees and costs. Failure of the City to take the steps requested by the County pending
Superior Court resolution shall not be deemed a violation of this Agreement; provided, however,
that this shall not release the City for damages or loss to the County arising out of the failure to
take such steps if the Court finds a City violation of the requirements to comply with applicable
laws set forth in Subsection 8.5.a.
8.6 Environmental Liability.
8.6.a Neither the County nor the City holds harmless or indemnifies the other
with regard to any liability arising under 42 U.S.C. § 9601-9675 (CERCLA) as amended by the
Superfund Amendments and Reauthorization Act of 1986 (SARA) or as hereafter amended or
pursuant to chapter 70.105D RCW (MTCA) or as hereafter amended and any state legislation
imposing liability for System-related cleanup of contaminated property from the release of
pollutants or hazardous or dangerous substances and/or damages resulting from property
contaminated from the release of pollutants or hazardous or dangerous substances
(“Environmental Liabilities”).
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8.6.b Nothing in this Agreement is intended to create new Environmental
Liability nor release any third-party from Environmental Liability. Rather, the intent is to protect
the general funds of the Parties to this Agreement by ensuring that, consistent with best business
practices, an adequate portion of Disposal Rates being collected from the System Users are set
aside and accessible in a fair and equitable manner to pay the respective County and City’s
Environmental Liabilities.
8.6.c The purpose of this Subsection is to establish a protocol for the setting
aside, and subsequent distribution of, Disposal Rates intended to pay for Environmental
Liabilities of the Parties, if and when such liabilities should arise, in order to safeguard the
Parties’ general funds. To do so, the County shall:
8.6.c.i Use Disposal Rates to obtain and maintain, to the extent
commercially available under reasonable terms, insurance coverage for System-related
Environmental Liability that names the City as an Additional Insured. The County shall establish
the adequacy, amount and availability of such insurance in consultation with MSWAC. Any
insurance policy in effect on the termination date of this Agreement with a term that extends past
the termination date shall be maintained until the end of the policy term.
8.6.c.ii Use Disposal Rates to establish and maintain a reserve fund to
help pay the Parties’ Environmental Liabilities not already covered by System rates or insurance
maintained under Subsection 8.6.c.i above (“Environmental Reserve Fund”). The County shall
establish the adequacy of the Environmental Reserve Fund in consultation with MSWAC and
consistent with the financial policies described in Article VI. The County shall retain the
Environmental Reserve Fund for a minimum of 30 years following the closure of the Cedar Hills
Landfill (the “Retention Period”). During the Retention Period, the Environmental Reserve Fund
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shall be used solely for the purposes for which it was established under this Agreement. Unless
otherwise required by law, at the end of the Retention Period, the County and Cities shall agree
as to the disbursement of any amounts remaining in the Environmental Reserve Fund. If unable
to agree, the County and City agree to submit disbursement to mediation and if unsuccessful to
binding arbitration in a manner similar to Section 39.34.180 RCW to the extent permitted by law.
8.6.c.iii Pursue state or federal grant funds, such as grants from the
Local Model Toxics Control Account under chapter 70.105D.070(3) RCW and chapter 173-322
WAC, or other state or federal funds as may be available and appropriate to pay for or remediate
such Environmental Liabilities.
8.6.d If the funds available under Subsections 8.6.c.i-iii are not adequate to
completely satisfy the Environmental Liabilities of the Parties to this Agreement then to the
extent feasible and permitted by law, the County will establish a financial plan including a rate
schedule to help pay for the County and City’s remaining Environmental Liabilities in
consultation with MSWAC.
8.6.e The County and the City shall act reasonably and quickly to utilize funds
collected or set aside through the means specified in Subsections 8.6.c.i-iii and 8.6.d to conduct
or finance response or clean-up activities in order to limit the County and City’s exposure, or in
order to comply with a consent decree, administrative or other legal order. The County shall
notify the City within 30 days of any use of the reserve fund established in 8.6.c.iii.
8.6.f In any federal or state regulatory proceeding, and in any action for
contribution, money expended by the County from the funds established in Subsections 8.6.c.i-iii
and 8.6.d. to pay the costs of remedial investigation, cleanup, response or other action required
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pursuant to a state or federal laws or regulations shall be considered by the Parties to have been
expended on behalf and for the benefit of the County and the Cities.
8.6.g In the event that the funds established as specified in Subsections 8.6.c.i-iii
and 8.6.d are insufficient to cover the entirety of the County and Cities’ collective Environmental
Liabilities, the funds described therein shall be equitably allocated between the County and
Cities to satisfy their Environmental Liabilities. Factors to be considered in determining
“equitably allocated” may include the size of each Party’s System User base and the amount of
rates paid by that System User base into the funds, and the amount of the Solid Waste generated
by the Parties’ respective System Users. Neither the County nor the Cities shall receive a benefit
exceeding their Environmental Liabilities.
8.7 The County shall not charge or seek to recover from the City any costs or
expenses for which the County indemnified the State of Washington in Exhibit A to the
Quitclaim Deed from the State to the County for the Cedar Hills Landfill, dated February 24,
1993, to the extent such costs are not included in System costs.
IX. CITY ADVISORY COMMITTEE
9.1 There is hereby created an advisory committee comprised of representatives from
cities, which shall be known as the Metropolitan Solid Waste Advisory Committee (“MSWAC”).
The City may designate a representative and alternate(s) to serve on MSWAC. MSWAC shall
elect a chair and vice-chair and shall adopt bylaws to guide its deliberations. The members of
MSWAC shall serve at the pleasure of their appointing bodies and shall receive no compensation
from the County.
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9.2 MSWAC is the forum through which the Parties together with other cities
participating in the System intend to discuss and seek to resolve System issues and concerns.
MSWAC shall assume the following advisory responsibilities:
9.2.a Advise the King County Council, the King County Executive, Solid Waste
Advisory Committee, and other jurisdictions as appropriate, on all policy aspects of Solid Waste
management and planning;
9.2.b Consult with and advise the County on technical issues related to Solid
Waste management and planning;
9.2.c Assist in the development of alternatives and recommendations for the
Comprehensive Solid Waste Management Plan and other plans governing the future of the
System, and facilitate a review and/or approval of the Comprehensive Solid Waste Management
Plan by each jurisdiction;
9.2.d Assist in the development of proposed interlocal Agreements between
King County and cities for planning, Waste Prevention and Recycling, and waste stream control;
9.2.e Review and comment on Disposal Rate proposals and County financial
policies;
9.2.f Review and comment on status reports on Waste Prevention, Recycling,
energy/resources recovery, and System operations with inter-jurisdictional impact;
9.2.g Promote information exchange and interaction between waste generators,
cities, recyclers, and the County with respect to its planned and operated Disposal Systems;
9.2.h Provide coordination opportunities among the Solid Waste Advisory
Committee, the Regional Policy Committee, the County, cities, private waste haulers, and
recyclers;
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9.2.i Assist cities in recognizing municipal Solid Waste responsibilities,
including collection and Recycling, and effectively carrying out those responsibilities; and
9.2.j Provide input on such disputes as MSWAC deems appropriate.
9.3 The County shall assume the following responsibilities with respect to MSWAC;
9.3.a The County shall provide staff support to MSWAC;
9.3.b In consultation with the chair of MSWAC, the County shall notify all
cities and their designated MSWAC representatives and alternates of the MSWAC meeting
times, locations and meeting agendas. Notification by electronic mail or regular mail shall meet
the requirements of this Subsection;
9.3.c The County will consider and respond on a timely basis to questions and
issues posed by MSWAC regarding the System, and will seek to resolve those issues in
collaboration with the Cities. Such issues shall include but are not limited to development of
efficient and accountable billing practices; and
9.3.d. The County shall provide all information and supporting documentation
and analyses as reasonably requested by MSWAC for MSWAC to perform the duties and
functions described in Section 9.2.
X. FORUM INTERLOCAL AGREEMENT
10.1 As of the effective date of this Agreement, the Forum Interlocal Agreement and
Addendum to Solid Waste Interlocal Agreement and Forum Interlocal Agreement by and
between the City and County continue through June 30, 2028. After 2028 responsibilities
assigned to the Forum shall be assigned to the Regional Policy Committee. The Parties agree that
Solid Waste System policies and plans shall continue to be deemed regional countywide policies
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and plans that shall be referred to the Regional Policy Committee for review consistent with
King County Charter Section 270.30 and chapter 1.24 King County Code.
XI. COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
11.1 King County is designated to prepare the Comprehensive Solid Waste
Management Plan (Comprehensive Plan) and this plan shall include the City's Solid Waste
Management Comprehensive Plan pursuant to chapter 70.95.080(3) RCW.
11.2 The Comprehensive Plan shall be reviewed and any necessary revisions
proposed. The County shall consult with MSWAC to determine when revisions are necessary.
King County shall provide services and build facilities in accordance with the adopted
Comprehensive Plan.
11.3 The Comprehensive Plans will promote Waste Prevention and Recycling in
accordance with Washington State Solid Waste management priorities pursuant to chapter 70.95
RCW, at a minimum.
11.4 The Comprehensive Plans will be prepared in accordance with chapter 70.95
RCW and Solid Waste planning guidelines developed by the Department of Ecology. The plan
shall include, but not be limited to:
11.4.a Descriptions of and policies regarding management practices and facilities
required for handling all waste types;
11.4.b Schedules and responsibilities for implementing policies;
11.4.c Policies concerning waste reduction, Recycling, Energy and Resource
Recovery, collection, transfer, long-haul transport, Disposal, enforcement and administration;
and
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11.4.d Operational plan for the elements discussed in Item c above.
11.5 The cost of preparation by King County of the Comprehensive Plan will be
considered a cost of the System and financed out of the rate base.
11.6 The Comprehensive Plans will be “adopted” within the meaning of this
Agreement when the following has occurred:
11.6.a The Comprehensive Plan is approved by the King County Council; and
11.6.b The Comprehensive Plan is approved by cities representing three-quarters
of the population of the incorporated population of jurisdictions that are parties to the Forum
Interlocal Agreement. In calculating the three-quarters, the calculations shall consider only those
incorporated jurisdictions taking formal action to approve or disapprove the Comprehensive Plan
within 120 days of receipt of the Plan. The 120-day time period shall begin to run from receipt
by an incorporated jurisdiction of the Forum's recommendation on the Comprehensive Plan, or,
if the Forum is unable to make a recommendation, upon receipt of the Comprehensive Plan from
the Forum without recommendation.
11.7 Should the Comprehensive Plan be approved by the King County Council, but not
receive approval of three-quarters of the cities acting on the Comprehensive Plan, and should
King County and the cities be unable to resolve their disagreement, then the Comprehensive Plan
shall be referred to the State Department of Ecology and the State Department of Ecology will
resolve any disputes regarding Comprehensive Plan adoption and adequacy by approving or
disapproving the Comprehensive Plan or any part thereof.
11.8 King County shall determine which cities are affected by any proposed
amendment to the Comprehensive Plan. If any City disagrees with such determination, then the
City can request that the Forum determine whether or not the City is affected. Such
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determination shall be made by a two-thirds majority vote of all representative members of the
Forum.
11.9 Should King County and the affected jurisdictions be unable to agree on
amendments to the Comprehensive Plan, then the proposed amendments shall be referred to the
Department of Ecology to resolve any disputes regarding such amendments.
11.10 Should there be any impasse between the Parties regarding Comprehensive Plan
adoption, adequacy, or consistency or inconsistency or whether any permits or programs adopted
or proposed are consistent with the Comprehensive Plan, then the Department of Ecology shall
resolve said disputes.
XII. MITIGATION
12.1 The County will design, construct and operate Solid Waste facilities in a manner
to mitigate their impact on host Cities and neighboring communities pursuant to applicable law
and regulations.
12.2 The Parties recognize that Solid Waste facilities are regional facilities. The
County further recognizes that host Cities and neighboring communities may sustain impacts
which can include but are not limited to local infrastructure, odor, traffic into and out of Solid
Waste facilities, noise and litter.
12.3 Collaboration in Environmental Review. In the event the County is the sole or co-
Lead Agency, then prior to making a threshold determination under the State Environmental
Policy Act (SEPA), the County will provide a copy of the SEPA environmental checklist, if any,
and proposed SEPA threshold determination to any identifiable Host City (as defined below) and
adjacent or neighboring city that is signatory to the Agreement and that may be affected by the
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project ("Neighboring City") and seek their input. For any facility for which the County prepares
an Environmental Impact Statement (EIS), the County will meet with any identified potential
Host City (as defined below) and any Neighboring City to seek input on the scope of the EIS and
appropriate methodologies and assumptions in preparing the analyses supporting the EIS.
However, nothing in this Section shall limit or impair the County's ability to timely complete the
environmental review process.
12.4 Collaboration in Project Permitting. If a new or reconstructed Solid Waste facility
is proposed to be built within the boundaries of the City ("Host City") and the project requires
one or more "project permits" as defined in chapter 36.70B.020(4) RCW from the Host City,
before submitting its first application for any of the project permits, the County will meet with
the Host City and any Neighboring City, to seek input. However, nothing in this Section shall
limit or impair the County's ability to timely submit applications for or receive permits, nor
waive any permit processing or appeal timelines.
12.5 Separately, the County and the City recognize that in accordance with 36.58.080
RCW, a city is authorized to charge the County to mitigate impacts directly attributable to a
County-owned Solid Waste facility. The County acknowledges that such direct costs include
wear and tear on infrastructure including roads. To the extent that the City establishes that such
charges are reasonably necessary to mitigate such impacts, payments to cover such impacts may
only be expended only to mitigate such impacts and are System costs. If the City believes that it
is entitled to mitigation under this Agreement, the City may request that the County undertake a
technical analysis regarding the extent of impacts authorized for mitigation . Upon receiving such
a request, the County, in coordination with the City and any necessary technical consultants, will
develop any analysis that is reasonable and appropriate to identify impacts. The cost for such
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analysis is a System cost. The City and County will work cooperatively to determine the
appropriate mitigation payments and will document any agreement in a Memorandum of
Agreement. If the City and the County cannot agree on mitigation payments, the dispute
resolution process under chapter 36.58.080 RCW will apply rather than the dispute resolution
process under Section XII of the Agreement.
XIII. DISPUTE RESOLUTION
13.1 Unless otherwise expressly stated, the terms of this Section XIII shall apply to
disputes arising under this Agreement.
13.2 Initial Meeting.
13.2.a Either Party shall give notice to the other in writing of a dispute involving
this Agreement.
13.2.b Within ten (10) business days of receiving or issuing such notice, the
County shall send an email notice to all Cities.
13.2.c Within ten (10) business days of receiving the County’s notice under
Subsection 13.2.b, a City shall notify the County in writing or email if it wishes to participate in
the Dispute Resolution process.
13.2.d Within not less than twenty-one (21) days nor more than thirty (30) days
of the date of the initial notice of dispute issued under Subsection 13.2.a, the County shall
schedule a time for staff from the County and any City requesting to participate in the dispute
resolution process ("Participating City") to meet (the “initial meeting”). The County shall
endeavor to set such initial meeting a time and place convenient to all Participating Cities and to
the County.
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13.3 Executives' Meeting.
13.3.a If the dispute is not resolved within sixty (60) days of the initial meeting,
then within seven (7) days of expiration of the sixty (60)-day period, the County shall send an
email notice to all Participating Cities that the dispute was not resolved and that a meeting of the
County Executive, or his/her designee and the chief executive officer(s) of each Participating
City, or the designees of each Participating City (an “executives' meeting”) shall be scheduled to
attempt to resolve the dispute. It is provided, however, that the County and the Participating
Cities may mutually agree to extend the sixty (60)-day period for an additional fifteen (15) days
if they believe further progress may be made in resolving the dispute, in which case, the
County’s obligation to send its email notice to the Participating Cities under this Subsection that
the dispute was not resolved shall be within seven (7) days of the end of the extension. Likewise,
the County and the Participating Cities may mutually conclude prior to the expiration of the sixty
(60)-day period that further progress is not likely in resolving the dispute at this level, in which
case, the County shall send its email notice that the dispute was not resolved within seven (7)
days of the date that the County and the Participating Cities mutually concluded that further
progress is not likely in resolving the dispute.
13.3.b Within seven (7) days of receiving the County’s notice under Subsection
13.3.a each Participating City shall notify the County in writing or email if it wishes to
participate in the executives' meeting.
13.3.c Within not less than twenty-one (21) days nor more than thirty (30) days
of the date of the notice of the executives' meeting issued under Subsection 13.3.a, the County
shall schedule a time for the executives' meeting. The County shall endeavor to set such
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executives' meeting a time and place convenient to all Participating Cities that provided notice
under Subsection 13.3.b and to the County.
13.4. Non-Binding Mediation.
13.4.a If the dispute is not resolved within thirty (30) days of the executives'
meeting, then any Participating City that was Party to the executives' meeting or the County may
refer the matter to non-binding meditation by sending written notice within thirty-five (35) days
of the initial executives' meeting to all Parties to such meeting.
13.4.b Within seven (7) days of receiving or issuing notice that a matter will be
referred to non-binding mediation, the County shall send an email notice to all Participating
Cities that provided notice under Subsection 13.3.b informing them of the referral.
13.4.c Within seven (7) days of receiving the County’s notice under Subsection
13.4.b, each Participating City shall notify the County in writing if it wishes to participate in the
non-binding mediation.
13.4.d The mediator will be selected in the following manner: The City(ies)
electing to participate in the mediation shall propose a mediator and the County shall propose a
mediator; in the event the mediators are not the same person, the two mediators shall select a
third mediator who shall mediate the dispute. Alternately, the City(ies) participating in the
mediation and the County may agree to select a mediator through a mediation service mutually
acceptable to the Parties. The Parties to the mediation shall share equally in the costs charged by
the mediator or mediation service. For purposes of allocating costs of the mediator or mediation
service, all Cities participating in the mediation will be considered one Party.
13.5 Superior Court. Any Party, after participating in the non-binding mediation, may
commence an action in King County Superior Court after one hundred eighty (180) days from
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the commencement of the mediation, in order to resolve an issue that has not by then been
resolved through non-binding mediation, unless all Parties to the mediation agree to an earlier
date for ending the mediation.
13.6 Unless this Section XIII does not apply to a dispute, then the Parties agree that
they may not seek relief under this Agreement in a court of law or equity unless and until each of
the procedural steps set forth in this Section XIII have been exhausted, provided, that if any
applicable statute of limitations will or may run during the time that may be required to exhaust
the procedural steps in this Section XIII, a Party may file suit to preserve a cause of action while
the Dispute Resolution process continues. The Parties agree that, if necessary and if allowed by
the court, they will seek a stay of any such suit while the Dispute Resolution process is
completed. If the dispute is resolved through the Dispute Resolution process, the Parties agree to
dismiss the lawsuit, including all claims, counterclaims, and cross-claims, with prejudice and
without costs to any Party.
XIV. FORCE MAJEURE
The Parties are not liable for failure to perform pursuant to the terms of this Agreement
when failure to perform was due to an unforeseeable event beyond the control of either Party
(“force majeure”). The term “force majeure” shall include, without limitation by the following
enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents,
shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, or labor
disputes, causing the inability to perform the requirements of this Agreement, if either Party is
rendered unable, wholly or in part, by a force majeure event to perform or comply with any
obligation or condition of this Agreement, upon giving notice and reasonably full particulars to
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the other Party, such obligation or condition shall be suspended only for the time and to the
extent practicable to restore normal operations.
XV. MERGER
This Agreement merges and supersedes all prior negotiations, representation and/or
agreements between the Parties relating to the subject matter of this Agreement and constitutes
the entire contract between the Parties [except with regard to the provisions of the Forum
Interlocal Agreement]; provided that nothing in Section XV supersedes or amends any
indemnification obligation that may be in effect pursuant to a contract between the Parties other
than the Original Agreement; and further provided that nothing in this Agreement supersedes,
amends or modifies in any way any permit or approval applicable to the System or the County’s
operation of the System within the jurisdiction of the City.
XVI. WAIVER
No waiver by either Party of any term or condition of this Agreement shall be deemed or
construed to constitute a waiver of any other term or condition or of any subsequent breach
whether of the same or a different provision of this Agreement.
XVII. THIRD PARTY BENEFICIARY
This Agreement is not entered into with the intent that it shall benefit any other entity or
person except those expressly described herein, and no other such person or entity shall be
entitled to be treated as a third-party beneficiary of this Agreement.
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XVIII. SURVIVABILITY
Except as provided in Section 8.1, 8.2, 8.3, Section 8.6.c, except 8.6.ciii and Section 8.6d,
no obligations in this Agreement survive past the expiration date as established in Section III.
XIX. NOTICE
Except as otherwise provided in this Agreement, a notice required to be provided under
the terms of this Agreement shall be delivered by certified mail, return receipt requested or by
personal service to the following person:
For the City:
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For the County:
Director
King County Solid Waste Division
201 South Jackson Street, Suite 701
Seattle, Washington 98104
IN WITNESS WHEREOF, this Agreement has been executed by each Party on the date
set forth below:
CITY of KING COUNTY
(Mayor/City Manager) King County Executive
Date Date
Clerk-Attest Clerk-Attest
Approved as to form and legality Approved as to form and legality
City Attorney King County Deputy Prosecuting Attorney
Date Date
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Amended and Restated Solid Waste Interlocal Agreement
between King County and Cities
Frequently Asked Questions
King County Solid Waste Division December 21, 2012
1. What is the timeframe for Cities to adopt the new ILA?
By mid-2014 the Solid Waste Division will propose rates for the 2015/16 rate period. Financial
policies developed in collaboration with the Metropolitan Solid Waste Advisory Committee will
inform the rate study. To allow sufficient time to develop those policies and complete the rate
study, the County needs each City to act on the ILA by April 30, 2013.
2. What is the purpose of the non-binding statement of interest?
The County is asking each City to provide a non-binding statement of interest that indicates
likely participation in the new ILA by January 31, 2013. This information will be helpful to the
County as it moves forward with a variety of planning efforts, including updating the Draft
Comprehensive Solid Waste Management Plan.
3. What are the capital project financing needs in 2013 and 2014?
Presently, the division has $75 million in Bond Anticipation Notes (BANs) that will expire on
February 28, 2012. Those BANs will be converted to long-term bonds. Later in 2013, an
additional $13 million will be required for anticipated capital project expenditures. In 2014, it is
anticipated that $35 million will be needed.
4. How does City participation in the new ILA affect capital project financing?
Financing for transfer system capital improvements will be primarily by long-term bonds.
Ensuring adequate revenue to repay the bonds is critical and that revenue is directly dependent
on City participation in the system. If enough cities sign the extended ILA, the County will issue
bonds of 20 years or longer (out to 2040), which will mean lower per ton fees. Conversely, if
cities do not choose to extend the ILA, bonds will only be issued out to 2028, which will increase
rates. A mix of longer and shorter bonds may be possible if some cities extend the ILA and
others do not.
5. What are the implications for a City that chooses not to sign the new ILA?
Cities that choose to remain with the original ILA that expires in 2028 will pay rates that include
the additional amount needed to pay for the shorter bonds. The additional amount will be in
the range of $7 to $9 per ton. Cities that choose to remain with the original ILA will also not
receive the benefits of the new ILA, including those related to potential environmental liability.
6. How long do cities have to adopt the new ILA?
In order to move forward with development of financial policies that will inform the 2015/16
rate period and other planning efforts, the County needs each City by April 30, 2013 to decide
whether to sign the new ILA.
7. How would insurance coverage and liability reserves be established?
The insurance coverage and liability reserves provided for under the new ILA would be
established based on what is commercially available and determined appropriate in consultation
with the Metropolitan Solid Waste Advisory Committee (MSWAC - note that the name of this
committee changes in the new ILA from the Metropolitan Solid Waste Management Advisory
Committee or MSWMAC).
7j. ‐ Utility Systems Division recommends approval of an Amended and
Restated Solid Waste Interlocal Agreement with King County that Page 103 of 144
Amended and Restated Solid Waste Interlocal Agreement
between King County and Cities
Frequently Asked Questions
King County Solid Waste Division December 21, 2012
8. Does this ILA lock Cities into the current Transfer System Plan?
No. In the new ILA the County commits to provide facilities and services pursuant to adopted
plans. The ILA also acknowledges that plans for transfer station improvements may be modified.
9. How does the ILA relate to the comprehensive solid waste management plan?
The ILA provides a framework for Cities and the County to work collaboratively to maintain and
update the comprehensive solid waste management plan and for adoption of the plan. Specific
policies, plans, and strategies are not included in the ILA.
10. What about disposal after Cedar Hills closes?
The ILA provides a framework for Cities and the County to plan for disposal post-Cedar Hills. At
least seven years before the date that the landfill is projected to close, the County will seek
advice and input from MSWAC and others on disposal alternatives.
11. Does the new ILA address Cedar Hills landfill rent?
The ILA establishes a clear process for rent for Cedar Hills, limiting when rental payments can be
changed, requiring a certified appraisal process be followed, and seeking review and comment
from the Cities. It clearly states that the solid waste system shall not pay rent to the general
fund for use of other county properties for transfer stations.
12. What if my City has more questions about this new ILA?
If you have any questions or would like to schedule a briefing, please call or email Pat
McLaughlin at 206-296-4385 or pat.mclaughlin@kingcounty.gov.
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Final Pay Estimate – CAG-12-056 (WTR-27-3604)
SE 5th Street AC Water Main Replacement Project
Meeting:
Regular Council - 28 Jan 2013
Exhibits:
Pay Estimate #4 (Final)
Notice of Completion of Public Works Contract
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Andrew Weygandt, Water Utility Engineer, x7208
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required:
$
$3,608.03 (final pay est.
only) Transfer Amendment: $NA
Amount Budgeted: $ $3,700.00 (final pay est. only)Revenue Generated: $NA
Total Project Budget: $ $500,000.00 (Acct.
425/455170)City Share Total Project: $ 100%
SUMMARY OF ACTION:
On May 14, 2012, Council awarded the construction contract to B&B Utilities and Excavating, LLC.
Construction started on July 12, 2012, and the project was completed on September 28, 2012. The
original contract amount was $296,821.65 and the final contract amount is $287,359.89. The reduction
in contract amount is due to reducing the pavement restoration area from the bid amount shown on the
original engineering drawings. The project was completed on schedule and within the amount
budgeted.
STAFF RECOMMENDATION:
Accept the project, approve the final pay estimate in the amount of $3,608.03, and release the
retainage bond after 60 days, subject to the receipt of all required authorizations.
7k. ‐ Utilities Systems Division submits CAG‐12‐056, SE 5th St. AC Water
Main Replacement project; and requests approval of the project, Page 110 of 144
7k. ‐ Utilities Systems Division submits CAG‐12‐056, SE 5th St. AC Water
Main Replacement project; and requests approval of the project, Page 111 of 144
7k. ‐ Utilities Systems Division submits CAG‐12‐056, SE 5th St. AC Water
Main Replacement project; and requests approval of the project, Page 112 of 144
7k. ‐ Utilities Systems Division submits CAG‐12‐056, SE 5th St. AC Water
Main Replacement project; and requests approval of the project, Page 113 of 144
7k. ‐ Utilities Systems Division submits CAG‐12‐056, SE 5th St. AC Water
Main Replacement project; and requests approval of the project, Page 114 of 144
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Sunset Terrace Regional Stormwater
Facility Project Engineering
Consultant Agreement with
CH2MHill
Meeting:
Regular Council - 28 Jan 2013
Exhibits:
Issue Paper
Contract
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Ron Straka, Surface Water Supervisor, x7248, Hebe C. Bernardo,
Surface Water Engineer, x7264
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 179,003 Transfer Amendment: $
Amount Budgeted: $ 1,307,172 Revenue Generated: $
Total Project Budget: $ 1,307,172 City Share Total Project: $
SUMMARY OF ACTION:
The purpose of the Sunset Terrace Regional Stormwater Facility Project is to retrofit approximately three
acres of roadway from Sunset Boulevard, adjacent roads, and developments by providing flow control
and enhanced basic water quality treatment prior to discharging into Johns Creek. The facility will
consist of rain gardens and an infiltration gallery.
Work to be completed under this engineering consultant agreement with CH2MHill, in the amount of
$179,003, will include data collection, survey and basemap preparation, permitting support, final design
of the facility, preparation of a technical information report, public outreach support, construction plans
and specifications, services during bidding, and project management. In accordance with the funding
agreement with the Washington State Department of Ecology (Ecology), the project construction and
grant closeout must be completed by June 30, 2015.
The Sunset Terrace Regional Stormwater Facility Project will be funded ($983,000) by Ecology’s FY 2012
Statewide Stormwater Grant Agreement No. G1200544 and the Surface Water Utility’s Capital
Improvement Program (CIP) for the Sunset Terrace Regional Stormwater Facility Project (427.475492).
The approved 2013-2014 CIP budget for the project is $1,307,172, including $983,000 of grant funding
approved in 2012. The remaining project budget is for City project management and construction cost.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement with CH2MHill for
the final engineering design of the Sunset Terrace Regional Stormwater Facility Project, in the amount
of $179,003.
7l. ‐ Utility Systems Division recommends approval of a contract with
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PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:January 17, 2013
TO:Randy Corman, Council President
Members of the City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Ron Straka, Surface Water Utility Supervisor, x7248
Hebé C. Bernardo, Surface Water Utility Engineer, x7264
SUBJECT:Sunset Terrace Regional Stormwater Facility Project
Engineering Consultant Agreement with CH2MHill
ISSUE:
Should Council approve the Engineering Consultant Agreement with CH2MHill for the
final engineering design of the Sunset Terrace Regional Stormwater Facility Project, in
the amount of $179,003?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement
with CH2MHill for the final engineering design of the Sunset Terrace Regional
Stormwater Facility Project, in the amount of $179,003.
BACKGROUND:
The City of Renton completed and adopted the Sunset Community Plan and Planned
Action Environmental Impact Statement which evaluated potential impacts of
redevelopment in the Sunset Area and required infrastructure. As part of this effort the
City developed and adopted the Sunset Area Surface Water Master Plan which identifies
stormwater improvements to convey, treat, and infiltrate runoff from the existing and
future land cover conditions. Recommended improvements included a regional storm
water infiltration/flow control facility to be located within the proposed Sunset Park.
Preliminary design work to collect data on subsurface conditions and update existing
hydrologic and hydraulic analysis to refine sizing of the Sunset Terrace Regional
Stormwater Facility has been completed by CH2MHill as part of the Engineering
Consultant Agreement CAG-12-048, which was approved by Council on March 30, 2012.
The purpose of the Sunset Terrace Regional Stormwater Facility Project is to retrofit
approximately three acres of roadway from Sunset Boulevard (a high-traffic major
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 116 of 144
Mr. Corman, Council President
Page 2 of 2
January 17, 2013
H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-8889 Sunset Regional SW Facility\1103
Contracts\2012-12-6 Issue Paper-Sunset.doc\HCBah
arterial), adjacent roads, and developments by providing flow control and enhanced
basic water quality treatment prior to discharging into Johns Creek (see attached Figure
1). The Sunset Terrace Regional Stormwater Facility Project will consist of rain gardens
and an infiltration gallery.
Work to be completed under the Engineering Consultant Agreement with CH2MHill will
include data collection, survey and basemap preparation, permitting support, final
design of the facility, preparation of construction plans and specifications, a technical
information report, public outreach support, services during bidding, and project
management. The project design is scheduled to start in 2013 and construction is
planned to start in 2014. In accordance with the funding agreement with Washington
State Department of Ecology (Ecology), the project construction and grant closeout must
be completed by June 30, 2015.
CH2MHill was selected from the approved 2013 Utility Systems Annual Consultant
Roster based on their knowledge of the Sunset Area, their previous work on the Sunset
Area Surface Water Master Plan, and their experience working with the City.
The Sunset Terrace Regional Stormwater Facility Project will be funded ($983,000) by
Ecology’s FY 2012 Statewide Stormwater Grant Agreement No. G1200544 and the
Surface Water Utility’s Capital Improvement Program (CIP) for the Sunset Terrace
Regional Stormwater Facility Project (427.475492). The approved 2013-2014 CIP budget
for the project is $1,307,172, including $983,000 of grant funding approved in 2012. The
remaining project budget is for City project management and construction cost.
CONCLUSION:
The Sunset Terrace Regional Stormwater Facility Project will reduce the volume and
peak rate of runoff from the area and improve the quality of the stormwater runoff. The
Surface Water Utility recommends the City Council authorize the Mayor and City Clerk to
execute the proposed Engineering Consultant Agreement, in the amount of $179,003,
with CH2MHill for the final engineering design of the Sunset Terrace Regional
Stormwater Facility Project.
Attachment
cc:Lys Hornsby, Utility Systems Director
File
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 117 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 118 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 119 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 120 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 121 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 122 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 123 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 124 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 125 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 126 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 127 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 128 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 129 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 130 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 131 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 132 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 133 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 134 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 135 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 136 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 137 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 138 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 139 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 140 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 141 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 142 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 143 of 144
7l. ‐ Utility Systems Division recommends approval of a contract with
CH2MHill in the amount of $179,003 for the final engineering design of Page 144 of 144