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AGENDA* * *NOTE. Council Meeting cancelled due to inclement weather***
City Council Regular Meeting
7:00 PM - Monday, February 4, 2019
Council Chambers, 7th Floor, City Hall —1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) National Children's Dental Health Month - February 2019
b) Renton Heart Month - February 2019
4. PUBLIC HEARING
a) WSDOT Acquisition at 1-405 & NE 44th Street Interchange
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENTS
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed five minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
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 January 28, 2019.
Council Concur
b) AB - 2311 City Clerk recommends adoption of a resolution adopting amended Council
Policy & Procedure 800-12 - Contracting Authority.
Council Concur
c) AB - 2319 City Clerk reports bid opening on January 29, 2019 and submits the staff
recommendation to award the City Hall Elevator Modernization Project - Phase 2 to R.C.
Zeigler Company, Inc. in the amount of $115,207.40.
Council Concur
d) AB - 2280 Community & Economic Development Department recommends adoption of an
ordinance to correct the maximum height of vertically mixed -use buildings in the
Commercial Arterial (CA) zone from 60 feet to 70 feet.
Refer to Planning & Development Committee
e) AB - 2318 Community Services Department submits bid opening results for the Sign Shop
Expansion project, and recommends awarding the contract to the lowest responsive and
responsible bidder Optimus Construction, in the amount of $690,124.64 pending
discussion of funding options.
Refer to Finance Committee
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: Bad Debt Write-off; Utility Leak Adjustment - Lin; LTGO Bond
Issuance*; Vouchers
b) Transportation Committee: BEFA Lease Addendum; Rainier Flight Service Lease
Agreement; Adoption of Title VI Plan*; WSDOT Acquisition 1-405/NE 44th St.
Interchange*; Airport Preferred Airside Alternative
9. LEGISLATION
Resolutions:
a) Resolution No. 4365: Adopt Policy 800-12 (See Item 7.b)
b) Resolution No. 4368: Title VI Plan (See Item 8.b)
c) Resolution No. 4369: Authorizing WSDOT Acquistion & King County Grant Repayment
(See Item 4.a.)
Ordinance for first reading:
c) Ordinance No. 5921: Limited -Tax General Obligation (LTGO) Local Revitalization Area
(LRA) Bond (See Item 8.a)
Ordinances for second and final reading:
d) Ordinance No. 5919: Wolf Woods Annexation (A-17-002) (First Reading 112812019)
e) Ordinance No. 5920: Wolf Woods Annexation Zoning (A-17-002) (First Reading
112812019)
10. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor - Council Chambers
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/counciImeetings
AGENDA ITEM #3. a)
Denis Law Mayor
�1'roclamation
Whereas, the future is, to a large measure, dependent on the good health of our children and
families; and
Whereas, good health can be achieved in part through good dental habits and oral health care
learned early and reinforced throughout life; and
Whereas, good oral health contributes to better nutrition, improved ability to concentrate, and
improved school attendance; and
Whereas, the City of Renton is dedicated to a strong commitment to all children in our
community through many early childhood and school programs; and
Whereas, National Children's Dental Health Month is celebrated each February in order to raise
awareness about the importance of good oral health; and
Whereas, last year, the Center for Pediatric Dentistry at the University of Washington's School of
Dentistry welcomed children from throughout Washington for free preventive dental care at an
event called "Give Kids a Smile," that included an oral exam, teeth cleaning, X-rays, and fluoride
application, and the Center hopes to hold such an event this year as well;
Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim February 2019 to
be
NationaCCFiiCdren's lnentaC�feaCtFi 9l�lontFi
in the City of Renton, and I encourage all citizens to join me in this special observance.
In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to
be affixed this 4th day of February, 2019.
Denis Law, Mayor
City of Renton, Washington
Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
AGENDA ITEM #3. b)
Denis Law Mayor
11;R11
Procfamation
Whereas, heart disease continues to be the leading cause of death in the United States and
affects men and women of every age and race; and
Whereas, someone in the United States dies from cardiovascular disease every 38 seconds; and
Whereas, the chance of developing coronary heart disease can be reduced by taking simple
steps to prevent and control certain factors that put people at greater risk; and
Whereas, Renton Heart Month serves to increase public awareness of the importance of
fighting cardiovascular disease by developing good eating habits, being physically active, and
taking advantage of preventative screenings; and
Whereas, being aware of the warning signs of a heart attack or stroke and knowing what to
do may help save a life; all Renton residents are encouraged to learn how to perform
cardiopulmonary resuscitation (CPR) and use an automatic external defibrillator (AED);
Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim February 2019
to be
Renton Ynfeart Wonth
and I encourage all residents to increase their awareness of cardiovascular disease, detection,
and prevention by participating in this important community risk reduction campaign.
In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to
be affixed this 4th day of February, 2019.
r
Denis L w, Mayor
City of Renton, Washington
Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
WSDOT Acquisition
For Im405 and NE 44th Street
Interchange
Public Hearing
Monday, February 4, 2019
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LOCATION
BACKGROUND
• WSDOT is planning improvements to
1-405 between SR167 and NE 6th St in
Bellevue for wi
Lanes Project
dening and Express Toll
le Project is currently out for proposals for
design -build contractors
• The focus of this request is the NE 44th
St Interchange CITY--
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BACKGROUND
•This information and request for
acquisitions was previously submitted
for review on April 26, 2018 in the
Agenda Bill for the WSDOT Interlocal
Agreement
•There are two City -owned properties
involved in this acquisition request.
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CITY OF m
Renton 0�
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PROPERTY
ACQUISITION
Area contains
45,,225 sgft +
• ``T Y O-
�FNTOr
PROPERTY ACQUISITION
• Property was acquired by the City in
2015 in part using King County's
Conservation Futures Levy through
an interlocal agreement.
is Right of Way take will be 45,,225
sgft and the remainder of the City
property will be 276,,905 sgft m
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PROPERTY ACQUISITION
• The compensation was set at $20,,000.
• Due to the original funding source for
the purchase of the property, $10,000
which equals 50% of the total
compensation will need to be
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reimbursed to King County.
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CITY OF m
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TEMPORARY
EASEMENT
• Easement
contains
2,,878 sgft +
enton
TEMPORARY EASEMENT
• Property was acquired by the City in
December 2017.
• Easement will encumber 2,878 sgft of
the total parcel area of 357,673 sgft
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CITY OF m
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TEMPORARY EASEMENT
• The compensation was set at $1,,000.
• The temporary easement will terminate
5 years from commencement of
construction or December 31,, 2029,?
whichever date occurs first.
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CITY Om
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STAFF RECOMENDATION
The Community and Economic Development
Department recommends that Council approve
the request to authorize the following:
,v' The Mayor and City Clerk to execute the WSDOT
documentation for the Temporary Construction
Easement and the Warranty Deed for the Right of
Way take.
Authorize accepting the compensation from WSDOT.
The disbursement of funds to King County in the
amount of $10,000. CITY OF
enton O R
NEXT STEPS
If Council approves this authorization:
• WSDOT documentation will be signed
and returned to WSDOT
• Accept compensation from WSDOT
• Disburse funds to King County
�Renton
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Sf.NTO?
AGENDA ITEM #7. a)
enton O
MINUTES
City Council Regular Meeting
7:00 PM - Monday, January 28, 2019
Council Chambers, 7th Floor, City Hall — 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Persson called the meeting of the Renton City Council to order at 7:00
PM and led the Pledge of Allegiance.
ROLL CALL
Councilmembers Present: Councilmembers Absent:
Don Persson, Mayor Pro Tempore Armondo Pavone
Randy Corman
Ryan Mclrvin
Ruth Perez
Ed Prince
Carol Ann Witschi, Council President Pro Tempore
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT
COUNCILMEMBER ARMONDO PAVONE. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Robert Harrison, Chief Administrative Officer
Alex Tuttle, Assistant City Attorney
Jason Seth, City Clerk
Ellen Bradley-Mak, Human Resources / Risk Management Administrator
Gregg Zimmerman, Public Works Administrator
Jennifer Henning, Planning Director
Wendy Rittereiser, Benefits Manager
Angie Mathias, Long Range Planning Manager
Commander Dan Figaro, Police Department
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
SPECIAL PRESENTATION
a) Councilmember Ruth Perez Recognition by Association of Washington Cities (AWC): Peter
King, Chief Executive Officer of AWC, provided a brief presentation recognizing
Councilmember Ruth Perez for successfully completing AWC's Certificate of Municipal
Leadership training program. Councilmember Perez accepted the certificate with
appreciation.
PUBLIC HEARING
a) Wolf Woods Annexation - 60% Petition & Zoning (A-17-002): This being the date set and
proper notices having been posted and published in accordance with local and State laws,
Mayor Pro Tempore Persson opened the public hearing to consider the 60% Notice of Intent
to Commence Annexation Proceedings petition and zoning for the proposed Wolf Woods
Annexation.
Long Range Planning Manager Angie Mathias reported that the proposed Wolf Woods
Annexation site is in the East Plateau Community Planning Area Potential Annexation Area
(PAA), and contains single-family homes and vacant property. She noted that the topography
of the area has some steep slopes, indicating that the critical area regulations would apply to
the area. Greenes Creek is located on site and it is a Type Ns Stream that does not contain fish
and has a seasonal flow, and there are wetlands located about 200 feet south of the site.
Additionally, she noted that none of the area's public services would change: the area would
stay within the Issaquah School District, would be served by the Renton Regional Fire
Authority, and it would remain within water district #90 and the Renton Sewer Utility.
Reviewing the site's zoning, Ms. Mathias stated that the area is designated in King County's
Comprehensive Plan as Urban Residential Medium (four to twelve dwelling units per acre)
and the Renton Land Use designation is Residential Low Density which allows for RC, R-1, or
R-4 zoning if annexed into the City. She reported that the City's Comprehensive Plan pre -
zoned the site in 1997 with an R-5 zoning. However, the City no longer has R-5 zoning, so staff
recommends R-4 zoning.
Ms. Mathias reported that there are five dwellings within the area with an estimated 11
residents. It is estimated there would be eight additional dwelling units with an estimated 18
more residents, based on the zoning standards over the next 10 years. If annexed, a
conservative estimate of the fiscal impacts are that there would be a 3.3% annual cost
increase and a 2.5% annual revenue increase.
Concluding, Ms. Mathias stated that the proposed annexation is generally consistent with City
annexation policies and Boundary Review board objectives, and the City's best interests and
general welfare would be served by this annexation.
There being no public comment it was,
MOVED BY WITSCHI, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC
HEARING. CARRIED.
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL AUTHORIZE FIRST READING
OF THE WOLF WOODS ANNEXATION AND ZONING ORDINANCES AT TONIGHT'S
MEETING. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Robert Harrison reviewed a written administrative report
summarizing the City's recent progress towards goals and work programs adopted as part of
its business plan for 2019 and beyond. Items noted were:
• The Mayor's State of the City address has been postponed to February 28, 2019. The
event will take place at the Renton Pavilion Event Center, 253 Burnett Ave S. Tickets
are $25/person or $200/table. To purchase tickets please contact Jeannie Gabriel at
425-430-6616 orjgabriel@rentonwa.gov.
• The Renton Elementary and Middle School Crossings project has been selected for a
$555,000 grant. This grant involves multiple crosswalk improvements, including the
installation of rectangular rapid flashing beacons at three schools: Sierra Heights
Elementary School, McKnight Middle School, and Maplewood Heights Elementary
School.
• The City of Renton is seeking candidates to serve on the Senior Citizens Advisory
Board. The board acts in an advisory capacity on matters of particular interest to
senior citizens in the Renton community. To apply, download an application from the
city's website or call 425-430-6632 to have one mailed. Applications are also available
at the Renton Senior Activity Center. Completed applications should be returned to
Debbie Little at the Senior Activity Center or mailed to the Mayor's Office.
Applications must be received by 5 p.m. on February 15, 2019.
• The Public Works Department would like to remind residents to help us prevent local
residential street flooding by monitoring catch basins near your home and keeping
them clear of leaves and other debris. Street sweepers are dispatched daily to clean
up debris along major arterials. Also expect the chance of lowland snow during the
winter months. Please remember that during snow and ice events, the department
sanders and snow plows are dispatched to keep major arterials drivable. Visit the
City's website to view snow route maps. It is imperative that motorists do not park or
abandon their vehicles within any portion of the traffic lanes. Abandoned vehicles
impair snow and ice removal and impact response of emergency vehicles.
• The Public Works Department seeks your input during a public open house featuring
the Wells Avenue South and Williams Avenue South Conversion Project on
Wednesday, January 30 from 3-6 p.m. at the downtown Renton Library located at 100
Mill Avenue South over the Cedar River. The event will be held in the large conference
room. This project will construct revisions to convert Wells Avenue South and
Williams Avenue South to two-way streets. Questions about the open house may be
directed to the Transportation Division at 425-430-7380.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
AUDIENCE COMMENTS
• Jeff Dineen, Renton, read a prepared statement regarding concerns related to noise
and lead fuel consumption of pleasure craft that utilize the Renton Municipal Airport.
He urged Council to address these concerns as part of the Airport's Master Plan
Update process.
CONSENT AGENDA
Councilmember Mclrvin requested Consent Agenda Item 7.f be removed for separate consideration. All
other items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of January 14, 2019. Council Concur.
b) AB - 2309 Administrative Services Department submitted a water leak adjustment request
from Ping Lin, owner of the service address of 1531 N 3rd St, and recommended granting an
adjustment in the amount of $5,004.53 for applicable water, sewer, and King County Metro
charges in accordance with RMC 8-4-46 and 8-5-23. Refer to Finance Committee.
c) AB - 2314 Administrative Services Department submitted a list of outstanding debts, and
requested approval to write-off bad debt that cannot be collected in the amount of
$20,278.27. Refer to Finance Committee.
d) AB - 2316 Administrative Services Department recommended approval to issue Limited -Tax
General Obligation (LTGO) bonds generating approximately $8.5 million in project proceeds
funded by a local option sales and use tax to fund public infrastructure in the South Lake
Washington Revitalization Area. Refer to Finance Committee.
e) AB - 2308 Human Resources / Risk Management Department recommended adopting a
resolution that 1) approves an administrative change to the City's deferred compensation
457(b) plan allowing members to rollover Roth contributions to the plan, and 2) authorized
the City's 457 Committee to make administrative revisions to the plan as long as they do not
impact the City's budget. Council Concur.
g) AB - 2310 Transportation Systems Division recommended adoption of a Title VI Plan ensuring
that the provision of benefits and services, and transportation decision making are conducted
in a non-discriminatory manner. Refer to Transportation (Aviation) Committee.
h) AB - 2305 Transportation Systems Division submitted CAG-16-049, Sunset Lane NE
Improvements project, contractor Road Construction Northwest, and requested acceptance
of the project after 60 days, subject to receiving all required certifications. Council Concur.
MOVED BY PRINCE, SECONDED BY WITSCHI, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, MINUS ITEM 7.F. CARRIED.
SEPARATE CONSIDERATION - ITEM 7.F.
f) AB - 2312 Transportation Systems Division recommended approval of an agreement with King
County Metro Transit, in the amount of $126,352, for the purchase of ORCA Business Cards
and ORCA Business Passport products in support of the City's Commute Trip Reduction (CTR)
program. n„f,., +„ T. ,RSP,,,+ ,+o,.R (Av alien) r,,..........a++,.,.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEM 7.F. AS COUNCIL CONCUR. CARRIED.
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
UNFINISHED BUSINESS
a) Utilities Committee Chair Perez presented a report concurring in the staff recommendation to
authorize the Mayor and City Clerk to execute the agreement with KPG, Inc. in the amount of
$424,541 for design services and water improvements for the NE 16th Street —Jefferson Avenue
NE Stormwater Green Connections Project.
MOVED BY PEREZ, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
b) Utilities Committee Chair Perez presented a report concurring in the staff recommendation to
authorize the Mayor and City Clerk to execute the Water Quality Grant Agreement WQSWPC-
2016-Renton-00058 with the Department of Ecology to accept $250,000 in grant funds for the SE
172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Project.
MOVED BY PEREZ, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
c) Utilities Committee Chair Perez presented a report concurring in the staff recommendation to
authorize the Mayor and City Clerk to execute the agreement with Louis Berger U.S., Inc. in the
amount of $111,600 for engineering design services for the Heather Downs Detention Pond
Water Quality Retrofit Project.
MOVED BY PEREZ, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
d) Planning & Development Committee Chair Prince presented a report concurring in the staff
recommendation to:
1) Approve the interlocal agreement between the cities of Bellevue, Issaquah, Kirkland, Redmond
and Renton that will formalize the cooperative effort to support a robust entrepreneur and small
business ecosystem on the Eastside; and
2) Authorize the Mayor to execute said agreement in the same form and commit $15,000
annually for 2019 and 2020 to fund Startup 425 management and day-to-day operations.
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
e) Planning & Development Committee Chair Prince presented a report concurring in the staff
recommendation to refer this matter to the Planning Commission to consider amending the
regulations regarding recreational uses in mixed use projects in the Urban Center zone, and
prepare an ordinance to be presented for first reading when it is complete.
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
LEGISLATION
Resolutions:
a) Resolution No. 4364: A resolution was read adopting an amended Section 18, Rollover
Contributions, of the Adoption Agreement contained within the City's 457(b) Deferred
Compensation Plan, and authorizing the 457(b) Deferred Compensation Plan Committee to
amend or update the City's 457(b) Deferred Compensation Plan, provided that such
amendments or updates do not impact the City's budget.
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
b) Resolution No. 4366: A resolution was read adopting an updated Renton Trails and Bicycle
Master Plan and Map.
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
c) Resolution No. 4367: A resolution was read authorizing the Mayor and City Clerk to enter into
an interlocal agreement with the cities of Bellevue, Issaquah, Kirkland, and Redmond entitled
"Interlocal Agreement Establishing A Cooperative Effort To Support Regional Economic
Development (Startup 425)."
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
Ordinances for first reading:
d) Ordinance No. 5919: An ordinance was read annexing certain territory to the City of Renton
(Wolf Woods Annexation; File No. A-17-002).
MOVED BY WITSCHI, SECONDED BY PEREZ, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
e) Ordinance No. 5920: An ordinance was read establishing the zoning classification of certain
property annexed within the City of Renton from R-4 (Urban Residential 4 Dwelling Units Per
Acre, King County Zoning) to R-4 (Residential 4 Du/AC; four dwelling units per acre, City of
Renton Zoning) (Wolf Woods Annexation; File No. A-17-002).
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
Councilmember Perez commented that she had received several emails from residents
complaining of strong smells and bad odors.
MOVED BY PEREZ, SECONDED BY PRINCE, COUNCIL REFER EMAILS REGARDING
STRONG SMELLS AND BAD ODORS RECEIVED FROM RENTON RESIDENTS TO THE
ADMINISTRATION. CARRIED.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY WITSCHI, COUNCIL ADJOURN. CARRIED. TIME:
7:30 P.M.
Jason A. Seth, CMC, City Clerk
Jason Seth, Recorder
Monday, January 28, 2019
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
Council Committee Meeting Calendar
AGENDA ITEM #7. a)
January 28, 2019
February 4, 2019
Monday
3:30 PM Finance Committee, Chair Pavone - Council Conference Room
1 . Bad Debt Write-off
2. Utility Leak Adjustment - Lin
3. LTGO Bond Issuance
4. Vouchers
5. Emerging Issues in Finance
4:30 PM Community Services Committee, Chair Witschi - Council Conference Room
1 . Recreation Brochures Update
2. Aquatics Scheduling Update
3. Scholarship Program Update
4. Emerging Issues in Community Services
5:00 PM Transportation Committee, Chair Mclrvin - Council Conference Room
1 . BEFA Lease Addendum
2. Rainier Flight Service Lease Agreement
3. Adoption of Title VI Plan
4. WSDOT Acquisition 1-405/NE 44 St. Interchange
5. Airport Preferred Airside Alternative
6. Emerging Issues in Transportation
• 608 Building - Northwest Seaplanes
• PSE Hangar
6:00 PM Committee of the Whole, Chair Persson - Chambers
1 . Parks, Recreation and Natural Areas Plan Update
2. KC METRO Rapid Ride I -Line Introduction
3. Emerging Issues
AGENDA ITEM #7. b)
AB - 2311
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE: Adopt Amended Council Policy & Procedure 800-12 - Contracting
Authority
RECOMMENDED ACTION: Council Concur
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
N/A
Council Policy & Procedures are updated periodically. On December 10, 2018 Council adopted Resolution No.
4363 adopting revised versions of 12 of the 13 Council policies. On January 14, 2019, Council discussed and
debated the merits of the revised version of Policy & Procedure 800-12 - Contracting Authority, which is the
one policy not adopted in December 2018. The draft version of 800-12 presented to Council on January 14,
2019 has been revised to reflect the changes requested by Council on that date.
A. Resolution
Adopt Council Policy & Procedure 800-12 - Contracting Authority
AGENDA ITEM #7. b)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING COUNCIL
POLICY 800-12.
WHEREAS, the Council desires to update, revise, and modernize Policy No. 800-12,
Contracting Authority, to reflect current practices, updated legal requirements and/or improved
efficiencies, and to clarify administrative matters, including contract approval authority, which
the Council delegates to the Mayor and/or defers to the Mayor's role to supervise the
administrative affairs of the City in order to maintain an efficiently operated government;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Council hereby amends the City of Renton Policy & Procedure 800-12,
Contracting Authority, to read as attached hereto and incorporated herein as if fully set forth.
PASSED BY THE CITY COUNCIL this day of , 2019.
APPROVED BY THE MAYOR this
Jason A. Seth, City Clerk
day of , 2019.
Denis Law, Mayor
1
RESOLUTION NO.
AGENDA ITEM #7. b)
Approved as to form:
Shane Moloney, City Attorney
RES:1799:1/30/19:scr
AGENDA ITEM #7. b)
RESOLUTION NO.
Aourtk
PRI
POLICY & PROCEDURE
Subject: Index: LEGISLATIVE
CONTRACTING AUTHORITY Number: 800-12
Effective Date: Supersedes: Page: Staff Contact: Approved By:
1/28/2019 11/16/2015 1 of 5 CAO Resolution # on
1.0 PURPOSE:
To maintain an efficient form of government, it is necessary for the Council to delegate
contract approval authority to the Mayor for specific types of contracts without prior City
Council review or subsequent ratification.
2.0 ORGANIZATIONS AFFECTED:
Mayor and departments/divisions
3.0 REFERENCES:
Applicable Administrative Policies (currently Policy & Procedure 250-02)
RCW 35A.11.010 and 020 (Council Authority and Powers of Council)
RCW 35A.12.065 (Pro Tempore Appointments)
RCW 35A.12.100 (Authority and Powers of Mayor)
Chapter 39.04 RCW (Public Works Procurement)
RCW 39.04.155 (Small Works Roster Contract Procedures)
RCW 39.04.280 (Competitive Bidding Requirements — Exemptions)
Chapter 39.34 RCW (Interlocal Cooperation Act)
ElK1�007I[VIA
4.1 All statutory bidding and contracting requirements, as set forth in State law shall
be followed.
4.1.1 The Mayor is authorized to establish and/or use a small works roster or
rosters and develop procedures for the administration thereof for all
contracts up to $300,000, as it exists or may be amended or recodified in
the future.
4.2 To assist in contract management and retention, all contracts should include a
date by which full performance of the contract shall be complete.
3
AGENDA ITEM #7. b)
RESOLUTION NO.
4.3 All contracts should, before presentation to Council, be approved as to from by
the City Attorney Department.
4.4 All contracts shall be memorialized in writing and filed in the City Clerk Division.
4.5 The City Council shall receive an informational list of all contracts every quarter.
This list shall include, but not be limited to, date of expiration, amount of contract,
department responsible for the contract, expected completion date of contract,
and summarized scope of work. Contract Amendments exceeding the greater of
$100,000 or 10% of the original contract amount shall be highlighted within the
list.
4.6 Except as otherwise specified herein, the Mayor or his or her designee has
authority to approve and sign the following types of contracts without need for
separate Council approval or ratification:
4.6.1 All contracts for which the Original Contract Value is less than $100,000.
4.6.2 All contracts settling claims, litigation or threatened litigation for which the
Original Contract Value, less any contribution from a City insurance policy,
does not exceed $250,000.
4.6.3 All contracts awarded pursuant to small works procedures adopted and
administered by the Mayor pursuant to Section 4.1.1 herein.
4.6.4 All contracts, with an Original Contract Value between $100,000 and
$300,000 that contain specific intelligence information, the nondisclosure
of which is essential to effective law enforcement, so long as sufficient
funding is budgeted for the expenditure, and the Chair of the Public Safety
Committee is notified of the contract prior to its execution so that he or
she can, if he or she deems appropriate, request such contract be brought
to the full Council for approval.
4.6.5 Contract Amendments for which the Amendment Value does not exceed
$100,000.
4.6.6 Contracts and/or Contract Amendments specifically authorized by other
Council action.
4.6.7 Work Orders issued pursuant to RCW 39.10.450 so long as the overarching
Job Order Contract was previously approved by Council.
4.6.8 Annual technology hardware, software, or services renewal agreements
including annual license renewals, subscription services, support and
21
AGENDA ITEM #7. b)
RESOLUTION NO.
maintenance extensions, and general services renewals which do not
exceed $250,000.
4.7 Notwithstanding anything to the contrary in Section 4.6 of this policy, the
following types of contracts require advance Council approval prior to the Mayor
or designee's signature:
4.7.1 Any contract for the sale or purchase of real estate.
4.7.2 Any contract to lease or otherwise encumber (e.g. via license or access
agreement) City -owned real estate for a period of more than one (1) year
unless the contract provides the City with an option to terminate the lease
early without cause or damages by providing no more than six (6) months'
notice of termination.
4.7.3 Public Works contracts that require award by the City Council pursuant to
Chapter 39.04 RCW.
4.7.4 Any contract that transfers risk to the City of third party claims arising out
of a contractor's misconduct or negligence if the risk transferred thereby
would not be covered by the City's insurance policies. Any such provision
in a contract that is not approved by the Council shall be void and
unenforceable.
4.7.5 Any interlocal agreement entered into under the express authority of
Chapter 39.34 RCW.
4.7.6 Any contract that, pursuant to applicable law, requires authorization from
the City Council.
4.7.7 Any Contract or Contract Amendment for which the Mayor is not
authorized to approve by Section 4.6 of this policy.
4.8 Work on a contract requiring City Council approval should not commence until
such approval has been granted as authorized in this policy. However, work
outside of the contract's original scope due to changed conditions on a public
works construction project may proceed prior to formal approval of a Contract
Amendment that exceeds the Mayor's approval authority, if the Mayor or
designee determines such additional work is necessary to be performed without
delay in order to avoid increased costs or other inefficiencies. Promptly after
authorizing work that staff determines will require a Council approved Contract
Amendment, the Mayor or designee will provide the City Council with notice of
the work authorized pursuant to this Section. Once the cost of the work
5
AGENDA ITEM #7. b)
RESOLUTION NO.
authorized pursuant to this Section is determined, a Contract Amendment will be
presented to the Council for ratification.
4.9 In the event an emergency situation arises which necessitates a deviation from
this policy or applicable bidding or procurement laws, the Mayor may, pursuant
to RCW 39.04.280, declare an emergency situation exists, waive competitive
bidding requirements, and award all necessary contracts on behalf of the City of
address the emergency situation. Within two weeks of awarding an emergency
contract, the Mayor shall provide Council with a written finding of the existence
of the emergency and notice of the contract(s) awarded pursuant to the authority
granted in this section. Such finding and notice shall be memorialized with the City
Clerk and published on the City's website and/or in the next Council agenda
packets, as the City Clerk deems appropriate.
5.0 DEFINITIONS:
5.1 Amendment Value: Amendment Value is the dollar value of all Consideration
provided by the City to the other contracting party or parties as consideration for
an individual Contract Amendment. Calculation of Amendment Value should be
calculated consistent with the guidelines for calculating Original Contract Value.
5.2 Consideration: A value of exchanged or promised to be exchanged. Consideration
can be in the form of a service, money, and/or property, and can also be a promise
not to do something that the contracting party would otherwise be lawfully
permitted to do.
5.3 Contract: Any agreement (written, oral, or implied) with another entity that legally
binds the City to provide Consideration.
5.4 Contract Amendment: A modification or change in terms to a previously executed
Contract, regardless of form or label (e.g. addendum, amendment, change
order...).
5.5 Emergency: Unforeseen circumstance beyond the control of the City that either
a) present a real, immediate threat to the proper performance of essential
functions, or b) will likely result in material loss or damage to property, bodily
injury, or loss of life, if immediate action is not taken.
5.6 Mayor: The elected Mayor of the City of Renton, his or her designee(s), and/or a
pro tempore Mayor appointed temporarily pursuant to RCW 35A.12.065.
5.7 Original Contract Value: Original Contract Value is the dollar value of all
Consideration provided by the City to the other contracting party or parties in the
original contract. Calculation of Contract Value involving services or property
0
AGENDA ITEM #7. b)
RESOLUTION NO.
exchanged should include a reasonable estimate of the fair market value of
services and property provided by the City as Consideration.
6.0 PROCEDURES:
Procedural matters regarding bidding and contracting are the responsibility of the
Administration. This includes, but is not limited to, formally designating those who may
approve and/or sign contracts on the Mayor's behalf and developing/updating
procurement policies and procedures designed to comply with applicable laws.
7
AGENDA ITEM #7. c)
AB - 2319
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE: Contract Award: City Hall Elevator Modernization Project - Phase 2;
CAG-18-216
RECOMMENDED ACTION: Council Concur
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
$115,207.40. Total budget for this project is $3,200,000. $1,646,398 was previously awarded for Phase 1 of
the project.
Engineer's Estimate: $160,000
A bid opening for this project was conducted on January 29, 2019. In accordance with Council policies, the bid
met the following requirements:
1) There was more than one bid,
2) The lowest bid was within budget, and
3) There were no irregularities with the lowest responsive and responsible bid.
Therefore, staff recommends awarding the City Hall Elevator Modernization Project - Phase 2 to the lowest
responsible and responsive bidder, R.C. Zeigler Company, Inc. in the amount of $115,207.40.
A. Staff Recommendation
B. Bid Tab
C. Contract
Accept the lowest responsible and responsive bid and award the City Hall Elevator Modernization Project -
Phase 2 to R.C. Zeigler Company, Inc. in the amount of $115,207.40.
AGEND 7. c)
CITY OF
COMMUNITY SERVICES Renton O
DEPARTMENT
CITY OF RENTON
M E M O R A N D U M
JAN 2 9 2019
RECEIVED
DATE: January 29,2019 CITY CLERK'S OFFICE
TO: Jason Seth, City Clerk
FROM: Russ Woodruff, Capital Project Coordinator
SUBJECT: Recommendation for Bid Award for City Hall Elevator
Modernization Project — Phase 2
Community Services, Facilities Division has reviewed the bids that were submitted for
the City Hall Elevator Modernization Project - Phase 2. We recommend that the bid be
awarded to R.C. Zeigler Company, Inc. POB 995, Carnation, WA 98014. R.C. Zeigler
Company, Inc. was the lowest responsive bidder.
R.C. Zeigler Company, Inc., the lowest responsible bidder, submitted a bid of
$115,207.40 (including WSST) to provide required improvements within the elevator
mechanical room as well as related areas. The architect's estimate for this work was
$160,000.00. The overall project budget is estimated to be $3,200,000.00. A previous
contract in the amount of $1,646,398.00 (including WSST) was awarded for Phase 1 of
the Elevator Modernization Project. Phase 1 is also being performed by the R.C. Zeigler
Company. The remaining elevator project -related work for the generator will be bid later
this year.
After the award of the contract, R.C. Zeigler Company will be responsible for providing
all labor and materials required to complete the work as described in the contract
documents.
Cc: Robert Harrison, CAO
Kelly Beymer, Community Services Administrator
Jeff Minisci, Facilities Director
CITY OF RENTON AGENDA ITEM #7J.oc)
BID TABULATION SHEET
Project: City Hall Elevator Modernization - Phase II - CAG-18-216
Date: January 22, 2019
FORMS
Bid Total from
Bidder
Schedule of Prices
Proposal
Bid
Cert
Non
Addenda
& Aff.
Bond
Compl
Collusion
1
*Includes Sales Tax
Oak Hills Construction
901 Algona Blvd. N, Suite A
1 Algona
X
X
X
X
X
$147,400.00
WA
98001
Rob
Vreugdenhil
R.C. Zeigler Company
P.O. Box 995
2 Carnation
X
X
X
X
X
$115,207.40
WA
98014
Jessie
Zeigler
3
4
Engineer's Estimate $160,000.00
AGENDA ITEM #7. c)
AGREEMENT
CONTRACT NO. CAG-18-216
THIS AGREEMENT, made and entered into this [Enter Date] day of [Enter Month], [Enter Year] by and between the CITY
OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City" and R. C.
Zeigler Company, Inc. , hereinafter referred to as "Contractor."
Now, therefore the parties agree as follows:
1. Agreement. This agreement incorporates the following documents as if fully set forth herein: the City's Contract Bid
Documents for the Project, including but not limited to Bid package, Instructions to Bidder, General Conditions
Addenda, Proposal Form, Supplemental Conditions, Special Provisions, Contract Plans, and Amendments to the
Standard Specifications; Contractor's Proposal and all documents submitted therewith in response to the City's Call
for Bids Documents; and any additional documents referenced as comprising the Contract and Contract Documents
as revised by the Amendments and Special Provisions included with the City's Call for Bids and Contract Documents.
2. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project
entitled General Construction for Renton City Hall Elevator Modernization — Phase 2, CAG-18-216, including all
changes to the Work and force account work, in accordance with the Contract Documents.
3. Payments. City shall pay Contractor at the unit and lump sum prices, and by force account as specified in the
Proposal according to the Contract Documents as to time, manner, and condition of payment in a contract amount
not to exceed $104,734.00 — Base Bid, $10,473.40 —Sales Tax, for a total of $115,207.40, unless modified by an
approved change order or addendum. The payments to Contractor include the costs for all labor, tools, materials
and equipment for the Work.
4. Completion Date. Contract time shall commence upon City's Notice to Proceed to Contractor. The Work under this
Agreement shall be completed within the time specified in the Contract Bid Documents. If the Physical Workunder
this Agreement is not completed within the time specified, Contractor shall pay liquidated damages and all
engineering inspection and supervision costs to City as specified in the Contract Bid Documents.
5. Independent Contractor. Contractor's employees, while engaged in the performance of any of Contractor's services
under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives
of Renton and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor's
relation to Renton shall be at all times as an independent contractor. Any and all Workman's Compensation Act
claims on behalf of Contractor employees, and any and all claims made by a third -party as a consequence of any
negligent act or omission on the part of Contractor's employees, while engaged in services provided to be rendered
under this Agreement, shall be the solely Contractor's obligation and responsibility.
6. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or
any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the
Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor.
7. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal
or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and
effect.
AGENDA ITEM #7. c)
8. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be
entitled to recover its costs, including reasonable attorney's and expert witness fees.
9. Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except as
expressly provided in this Agreement.
10. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for
all purposes be deemed an original.
General Construction for Renton City Hall Elevator Modernization -
Phase 2 [Enter Agreement Name]
City of Renton [Enter Date]
AGENDA ITEM #7. c)
IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its City Clerk and
the Contractor has hereunto set his hand and seal the day and year first above -written.
CONTRACTOR:
President/Partner/Owner
Secretary
d/b/a R. C. Zeigler Company, Inc.
CHECK ONE:
FIRM INFORMATION
❑ Limited Liability Company
STATE OF INCORPORATION: [Enter state of incorporation]
CONTRACTOR CONTACT INFORMATION:
R. C. Zeigler Company, Inc.
P. O. Box 995
Carnation, Washington 98104
1-425-333-4797
jczeigler@rczeigler.com
CITY OF RENTON:
Denis Law, Mayor
ATTEST
Jason Seth, City Clerk
❑ Partnership
❑ Corporation
CITY CONTACT INFORMATION:
City of Renton
1055 South Grady Way
Renton, WA 98057
1-425-430-6602
rwoodruff@rentonwa.gov
Attention:
If business is a CORPORATION, the name of the corporation should be listed in full and both the President and Secretary must sign the
contract. OR, if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City and made a part
of the contract document.
If the business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and firm or
trade name. Any one partner may sign the contract.
If the business is a limited Liability Company, an authorized managing member or manager must sign followed by his/her title.
Alaukk
General Construction for Renton City Hall Elevator Modernization -
Phase 2 [Enter Agreement Name]
[Enter Date]
City of Renton
AGENDA ITEM #7. d)
AB - 2280
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE: Townhouse Review Ordinance Correction
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Paul Hintz, Senior Planner
EXT.: 7436
N/A
A change to Title IV of Renton Municipal Code to increase the maximum allowed height of vertically mixed -use
buildings in the Commercial Arterial (CA) zone from 60' to 70' was intended to be made as part of the
"Townhouse Review" (D-150) docket item of Docket Group 13. However, due to a scrivener's error the change
was not made.
A. Ordinance
Refer to the Planning & Development Committee for review. Following this review, a corrective ordinance will
be presented for first reading.
AGENDA ITEM #7. d)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
MAXIMUM BUILDING HEIGHT FOR VERTICALLY MIXED -USE BUILDINGS IN THE
CA (COMMERCIAL ARTERIAL) ZONING DESIGNATION IN SUBSECTION 4-2-120.A
OF THE RENTON MUNICIPAL CODE, AND PROVIDING FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in Ordinance No. 5899, adopted on November 19, 2018, the City Council
adopted updated development regulations regarding townhouses and residential mixed -use
development; and
WHEREAS, Ordinance No. 5899's Section V and Attachment C amended the maximum
allowed height for vertically mixed -use buildings with residential above ground floor commercial
in the Center Village (CV) zone, but mistakenly omitted a height increase for the CA (Commercial
Arterial) zoning designation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. The Maximum Building Height for vertically mixed -use buildings in the CA
(Commercial Arterial) zoning designation in subsection 4-2-120.A of the Renton Municipal Code
is amended as shown on Attachment A. All other provisions of subsection 4-2-120.A remain in
effect and unchanged.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
1
AGENDA ITEM #7. d)
ORDINANCE NO.
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
PASSED BY THE CITY COUNCIL this day of , 2019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2019.
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2057:1/22/19:scr
Denis Law, Mayor
2
ORDINANCE NO.
ATTACHMENT A
4-2-120.A, Denisty and Height
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, CA, & UC)
CN
CV
CA
UC
HEIGHT
Maximum Building
35 ft.
50 ft., except 70 ft. for vertically
50 ft., except 60 70 ft. for
10 stories along primary
Height,6,14,16 except for Public
mixed use buildings (commercial
vertically mixed use buildings
and secondary arterials.
Facilities6-20
and residential).
(commercial and residential).
6 stories along
Heights may exceed the Zone's
residential/minor
maximum height with a
collectors.
Conditional Use Permit.16
Maximum Height for
See RMC 4-4-140
Wireless Communication
Facilities6
Is
AGENDA ITEM #7. e)
AB - 2318
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE:
RECOMMENDED ACTION
DEPARTMENT:
STAFF CONTACT:
EXT.:
Award Contract for Sign Shop Expansion project
Refer to Finance Committee
Community Services Department
Michael Nolan, Facilities Coordinator
6608
Expenditure to cover just the base low bid would be $690,124.64. The current available balance in the project
account is $627,863.04. The attached spreadsheet "Post -Bid Analysis" shows, all costs and a contingency
percentage factored in for additional funding needed of a minimum $131,274.06. Funding has already been
established through the CIP Budget. The additional funds will come from our 316 fund balance through a
budget adjustment carry forward in February/March.
On December 14, 2018, proposals were received from three contractors for the project "Sign Shop Expansion"
with the apparent low bidder being Optimus Construction and Development Inc. with a bid of $690,124.64
(including WSST). The proposals (bids) were solicited through a public advertisement in the Daily Journal of
Commerce. This expansion addresses the critical space needs of the Public Works Sign Shop due to the
growth of the City of Renton since the original City Shops were constructed in 1983.
According to Council policy, the bid met two of the three following requirements:
1. There was more than one bid; and
2. There were no irregularities with the lowest responsive and responsible bid.
However, the bid was not within budget and therefore, staff recommends referring the item to the Finance
Committee to discuss funding options. Staff, therefore recommends awarding the Sign Shop Expansion
Project, to the lowest responsive and responsible bidder, Optimus Construction and Development, Inc., in the
amount of $690,124.64 pending discussion of funding.
A. Owner -Contractor Agreement, Sign Shop
B. Sign Shop Bid from Optimus
C. Post -Bid Analysis
D. Additional Funding Email
Accept the apparent low bid from Optimus Construction, approve the additional funding proposal per the
Finance Department, and authorize the Mayor to sign the Owner -Contractor Agreement.
AGENDA ITEM #7. e)
AGENDA ITEM #7. e)
AGREEMENT
CONTRACT NO. CAG-18-240
THIS AGREEMENT, made and entered into this day of January, 2019 by and between the CITY OF
RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City" and
OPTIMUS CONSTRUCTION, hereinafter referred to as "Contractor."
Now, therefore the parties agree as follows:
Agreement. This agreement incorporates the following documents as if fully set forth herein: the City's
Contract Bid Documents for the Project, including but not limited to Bid package, Instructions to Bidder,
General Conditions Addenda, Proposal Form, Supplemental Conditions, Special Provisions, Contract
Plans, and Amendments to the Standard Specifications; Contractor's Proposal and all documents
submitted therewith in response to the City's Call for Bids Documents; and any additional documents
referenced as comprising the Contract and Contract Documents as revised by the Amendments and
Special Provisions included with the City's Call for Bids and Contract Documents.
2. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the
project entitled Renton Sign Shop ExpansionClick here to enter text., CAG-18-240, including all changes to
the Work and force account work, in accordance with the Contract Documents.
3. Payments. City shall pay Contractor at the unit and lump sum prices, and by force account as specified
in the Proposal according to the Contract Documents as to time, manner, and condition of payment in a
contract amount not to exceed $ 690,124.64 (includes WSST) , unless modified by an approved change
order or addendum. The payments to Contractor include the costs for all labor, tools, materials and
equipment for the Work.
4. Completion Date. Contract time shall commence upon City's Notice to Proceed to Contractor. The Work
under this Agreement shall be completed within the time specified in the Contract Bid Documents. If the
Physical Work under this Agreement is not completed within the time specified, Contractor shall pay
liquidated damages and all engineering inspection and supervision costs to City as specified in the Contract
Bid Documents.
5. Independent Contractor. Contractor's employees, while engaged in the performance of any of
Contractor's services under this Agreement, shall be considered employees of the Contractor and not
employees, agents, representatives of Renton and as a result, shall not be entitled to any coverage or
benefits from the City of Renton. Contractor's relation to Renton shall be at all times as an independent
contractor. Any and all Workman's Compensation Act claims on behalf of Contractor employees, and any
and all claims made by a third -party as a consequence of any negligent act or omission on the part of
Contractor's employees, while engaged in services provided to be rendered under this Agreement, shall
be the solely Contractor's obligation and responsibility.
6. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this
Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State
of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement
or successor.
AGENDA ITEM #7. e)
7. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement
is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain
in full force and effect.
8. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall
be entitled to recover its costs, including reasonable attorney's and expert witness fees.
9. Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except
as expressly provided in this Agreement.
10. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which
shall for all purposes be deemed an original.
Renton Sign Shop Expansion
January 2019 '40
AGENDA ITEM #7. e)
IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its
City Clerk and the Contractor has hereunto set his hand and seal the day and year first above -written.
'Z��C_O\NT CTO CITY OF RENTON:
Derrick McNeill
Presiden Denis Law, Mayor
ATTEST
Jeannie A. Miller
Secretary
FIRM INFORMATION
d/b/a [Enter Firm name]
Jason Seth, City Clerk
CHECK ONE: ❑ Limited Liability Co. I ❑ Partnership I ® Corporation I ❑ Other
STATE OF [Enter state of incorporation]
INCORPORATION: Washington
CONTRACTOR CONTACT INFORMATION: CITY CONTACT INFORMATION:
Optimus Construction
PO Box 84206
Seattle WA 98124
206.243.2000
Derrick@optimusconst.com
City of Renton
1055 South Grady Way
Renton, WA 98057
425.430.6608
mnolan@rentonwa.gov
Attention:
If business is a CORPORATION, the name of the corporation should be listed in full and both the President and Secretary
must sign the contract. OR, if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished
to the City and made a part of the contract document.
If the business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as)
and firm or trade name. Any one partner may sign the contract.
If the business is a limited Liability Company, an authorized managing member or manager must sign followed by his/her
title.
Renton Sign Shop Expansion
January 2019140
AGENDA ITEM #7. e)
Sign Shop Expansion
City of Renton Public Works Shops
CITY OF RENTON
MAIL TO: CITY CLERK 1055 GRADY WAY, RENTON,WA, 98057
HAND DELIVER TO: OFFICE OF THE CITY CLERK
SEVENTH FLOOR, RENTON CITY HALL
1055 GRADY WAY, RENTON, WA,98057
BID FORM
In compliance with the contract documents, the following bid form is submitted:
1) BASE BID
1a) BASE BID:
(Written) — H iZe j 1�;ti,�� 1, Q r.V.l;D (Numeric)
1 b) SALES TAX ON BASE BID (The combined sales tax rate for Renton, WA is 10%):
000003
BID FORM
Page 1 of 2
�tkjDe,�-o —)s\�e�-� $ 5� 23c.��
(Written) -t�,u I,,) e, 1 � IvC �;}c,«r�,(Numeric)
1 c) TOTAL BASE BID
S1;(�ya v ' �,�(2� .� i (P Z P. i l"y JS.►�{V D y l.I� $ lSl J� ✓ V _ ,�
(Written) J�- (Numeric)
2) BID ALTERNATES
The undersigned proposes to perform work called for in the following alternates as indicated on the Contract
Documents for the following resulting additions and or deletions to the Basic Bid. The bidder agrees to hold the
following alternate bid prices for sixty (60) consecutive calendar days from the date designated for receipt of bids.
A. 1. Base Bid for Alternate No. 1
Provide and install a new manual transfer switch at Building A.
ADD $ �Z.��S•I�
(Numeric)
A.2. Sales Tax on Alternate No. 1 (The combined sales tax rate for Renton, WA is 1091o)
ADD $
(Numeric);
A.3. TOTAL FOR ALTERNATE No. 1: TOTAL ADD $ 1 t , 0,U9?, . (j, L
(Numeric)
00 0003 - 1
AGENDA ITEM #7. e)
Sign Shop Expansion
City of Renton Public Works Shops
8.1. Base Bid for Alternate No. 2
Convert an equipment room in Building 8 to a server room.
000003
BIDDER'S QUALIFICATION STATEMENT
Page 2of 2
5 Z `7
ADD $ 'Z- L- t --;' "-
(Numeric),
8.2. Sales Tax on Alternate No. 2, (The combined sales tax rate for Renton, WA is 10%):
9.3. TOTAL FOR ALTERNATE No. 2:
ADD $ 'ZUZ2-1�J • 3
(Numeric);
TOTAL ADD $ Z`'"��J 2S S . Ze?
(Numeric),
TIME FOR COMPLETION:
Contract Time- The undersigned hereby agrees to Substantially Complete all the work under the Base
Bid (and accepted Alternates) within 120 calendar days after the date of Notice to Proceed.
Final Completion- All the Work shall be fully and finally completed in accordance with the contract
documents within 30 calendar days after the date of Substantial Completion.
LIQUIDATED DAMAGES
The undersigned agrees to pay the Owner as liquidated damages the sum of $500 for each consecutive
calendar day that is in default after the Contract Time. Liquidated damages shall be deducted from the
contract invoice after taxes and retainage.
RECEIPT OF ADDENDA
Receipt of the following addenda is acknowledged:
Addendum No. 1 Addendum No.
Addendum No. 2 Addendum No.
Name of Firm Optimus Construction and Development Inc NOTE:
If Bidder is a corporation, write State of Incorppartnership, give full names and addresses of all parties below
Signed
Print Name
Address P.O. Box 84206
Official Capacity President
City Seattle State WA Zip Code 98124
Date December 14, 2018 Telephone 206-243-2000 Fax 206-453-5415
State of Washington Contractor's License No. OPTIMCD856LK
Federal Tax ID# 47-3313708 E mail address: derrick(a)-optimusconst.com
Employment Security Department No. 000-119481-00-4
00 0003 - 2
AGENDA ITEM #7. e)
Post -Bid Analysis
Sign Shop Expansion
Account Balance as of 12/13/18
$681,041.31
Remaining Non -Construction Costs (Construction management, furniture, etc.)
($53,178.27)
Account Balance Minus Non -Construction Costs
$627,863.04
Optimus Base Bid
$651,530.75
Alternate #1
$14,008.61
Alternate #2
$24,585.28
Total, Base Bid plus Alternates #1 & #2
$690,124.64
10% Contingency
$69,012.46
Grand Total of Base Bid, Alternates, & Contingency
$759,137.10
Additional Funds Needed, (construction grand total minus available funds.)
$131,274.06
AGENDA ITEM #7. e)
$627,863.04
$690,124.64
$131,274.06
AGENDA ITEM #7. e)
From:
Jeffrey Minisci
To:
Kelly Beymer
Cc:
Michael J Nolan
Subject:
FW: Sign Shop Expansion
Date:
Friday, January 04, 2019 4:34:05 PM
FYI
From: Marc Gordon
Sent: Friday, January 04, 2019 9:42 AM
To: Jeffrey Minisci <JMinisci@Rentonwa.gov>
Subject: Sign Shop Expansion
Hi Jeff,
Apologies for the delay, I didn't have a chance to catch Jamie yesterday but I just spoke with her.
You are good to move forward with getting council approval/mayor's signature on the contract.
When the contract goes to Council for approval, you will just want to let them know that there has
been this much approved in CIP, the rest of the funds will be covered from 316 fund balance, and
that it will be picked up as a budget adjustment at carryforward in February/March.
Please let me know if you have any questions, but you are good to move forward in the process.
Thanks,
Marc
Marc Gordon
Senior Finance Analyst I Administrative Services Department
City of Renton 1 1055 S. Grady Way Renton, WA 98057
Email: mgordon(@rentonwa.gov I D: (425) 430-6937 1 M: (206) 641-4575
Please consider the environment before printing this message.
AGENDA ITEM # 9. a)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING COUNCIL
POLICY 800-12.
WHEREAS, the Council desires to update, revise, and modernize Policy No. 800-12,
Contracting Authority, to reflect current practices, updated legal requirements and/or improved
efficiencies, and to clarify administrative matters, including contract approval authority, which
the Council delegates to the Mayor and/or defers to the Mayor's role to supervise the
administrative affairs of the City in order to maintain an efficiently operated government;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Council hereby amends the City of Renton Policy & Procedure 800-12,
Contracting Authority, to read as attached hereto and incorporated herein as if fully set forth.
PASSED BY THE CITY COUNCIL this day of , 2019.
APPROVED BY THE MAYOR this
Jason A. Seth, City Clerk
day of , 2019.
Denis Law, Mayor
1
RESOLUTION NO.
AGENDA ITEM # 9. a)
Approved as to form:
Shane Moloney, City Attorney
RES:1799:1/30/19:scr
AGENDA ITEM # 9. a)
RESOLUTION NO.
Aourtk
PRI
POLICY & PROCEDURE
Subject: Index: LEGISLATIVE
CONTRACTING AUTHORITY Number: 800-12
Effective Date: Supersedes: Page: Staff Contact: Approved By:
1/28/2019 11/16/2015 1 of 5 CAO Resolution # on
1.0 PURPOSE:
To maintain an efficient form of government, it is necessary for the Council to delegate
contract approval authority to the Mayor for specific types of contracts without prior City
Council review or subsequent ratification.
2.0 ORGANIZATIONS AFFECTED:
Mayor and departments/divisions
3.0 REFERENCES:
Applicable Administrative Policies (currently Policy & Procedure 250-02)
RCW 35A.11.010 and 020 (Council Authority and Powers of Council)
RCW 35A.12.065 (Pro Tempore Appointments)
RCW 35A.12.100 (Authority and Powers of Mayor)
Chapter 39.04 RCW (Public Works Procurement)
RCW 39.04.155 (Small Works Roster Contract Procedures)
RCW 39.04.280 (Competitive Bidding Requirements — Exemptions)
Chapter 39.34 RCW (Interlocal Cooperation Act)
ElK1�007I[VIA
4.1 All statutory bidding and contracting requirements, as set forth in State law shall
be followed.
4.1.1 The Mayor is authorized to establish and/or use a small works roster or
rosters and develop procedures for the administration thereof for all
contracts up to $300,000, as it exists or may be amended or recodified in
the future.
4.2 To assist in contract management and retention, all contracts should include a
date by which full performance of the contract shall be complete.
3
AGENDA ITEM # 9. a)
RESOLUTION NO.
4.3 All contracts should, before presentation to Council, be approved as to from by
the City Attorney Department.
4.4 All contracts shall be memorialized in writing and filed in the City Clerk Division.
4.5 The City Council shall receive an informational list of all contracts every quarter.
This list shall include, but not be limited to, date of expiration, amount of contract,
department responsible for the contract, expected completion date of contract,
and summarized scope of work. Contract Amendments exceeding the greater of
$100,000 or 10% of the original contract amount shall be highlighted within the
list.
4.6 Except as otherwise specified herein, the Mayor or his or her designee has
authority to approve and sign the following types of contracts without need for
separate Council approval or ratification:
4.6.1 All contracts for which the Original Contract Value is less than $100,000.
4.6.2 All contracts settling claims, litigation or threatened litigation for which the
Original Contract Value, less any contribution from a City insurance policy,
does not exceed $250,000.
4.6.3 All contracts awarded pursuant to small works procedures adopted and
administered by the Mayor pursuant to Section 4.1.1 herein.
4.6.4 All contracts, with an Original Contract Value between $100,000 and
$300,000 that contain specific intelligence information, the nondisclosure
of which is essential to effective law enforcement, so long as sufficient
funding is budgeted for the expenditure, and the Chair of the Public Safety
Committee is notified of the contract prior to its execution so that he or
she can, if he or she deems appropriate, request such contract be brought
to the full Council for approval.
4.6.5 Contract Amendments for which the Amendment Value does not exceed
$100,000.
4.6.6 Contracts and/or Contract Amendments specifically authorized by other
Council action.
4.6.7 Work Orders issued pursuant to RCW 39.10.450 so long as the overarching
Job Order Contract was previously approved by Council.
4.6.8 Annual technology hardware, software, or services renewal agreements
including annual license renewals, subscription services, support and
21
AGENDA ITEM # 9. a)
RESOLUTION NO.
maintenance extensions, and general services renewals which do not
exceed $250,000.
4.7 Notwithstanding anything to the contrary in Section 4.6 of this policy, the
following types of contracts require advance Council approval prior to the Mayor
or designee's signature:
4.7.1 Any contract for the sale or purchase of real estate.
4.7.2 Any contract to lease or otherwise encumber (e.g. via license or access
agreement) City -owned real estate for a period of more than one (1) year
unless the contract provides the City with an option to terminate the lease
early without cause or damages by providing no more than six (6) months'
notice of termination.
4.7.3 Public Works contracts that require award by the City Council pursuant to
Chapter 39.04 RCW.
4.7.4 Any contract that transfers risk to the City of third party claims arising out
of a contractor's misconduct or negligence if the risk transferred thereby
would not be covered by the City's insurance policies. Any such provision
in a contract that is not approved by the Council shall be void and
unenforceable.
4.7.5 Any interlocal agreement entered into under the express authority of
Chapter 39.34 RCW.
4.7.6 Any contract that, pursuant to applicable law, requires authorization from
the City Council.
4.7.7 Any Contract or Contract Amendment for which the Mayor is not
authorized to approve by Section 4.6 of this policy.
4.8 Work on a contract requiring City Council approval should not commence until
such approval has been granted as authorized in this policy. However, work
outside of the contract's original scope due to changed conditions on a public
works construction project may proceed prior to formal approval of a Contract
Amendment that exceeds the Mayor's approval authority, if the Mayor or
designee determines such additional work is necessary to be performed without
delay in order to avoid increased costs or other inefficiencies. Promptly after
authorizing work that staff determines will require a Council approved Contract
Amendment, the Mayor or designee will provide the City Council with notice of
the work authorized pursuant to this Section. Once the cost of the work
5
AGENDA ITEM # 9. a)
RESOLUTION NO.
authorized pursuant to this Section is determined, a Contract Amendment will be
presented to the Council for ratification.
4.9 In the event an emergency situation arises which necessitates a deviation from
this policy or applicable bidding or procurement laws, the Mayor may, pursuant
to RCW 39.04.280, declare an emergency situation exists, waive competitive
bidding requirements, and award all necessary contracts on behalf of the City of
address the emergency situation. Within two weeks of awarding an emergency
contract, the Mayor shall provide Council with a written finding of the existence
of the emergency and notice of the contract(s) awarded pursuant to the authority
granted in this section. Such finding and notice shall be memorialized with the City
Clerk and published on the City's website and/or in the next Council agenda
packets, as the City Clerk deems appropriate.
5.0 DEFINITIONS:
5.1 Amendment Value: Amendment Value is the dollar value of all Consideration
provided by the City to the other contracting party or parties as consideration for
an individual Contract Amendment. Calculation of Amendment Value should be
calculated consistent with the guidelines for calculating Original Contract Value.
5.2 Consideration: A value of exchanged or promised to be exchanged. Consideration
can be in the form of a service, money, and/or property, and can also be a promise
not to do something that the contracting party would otherwise be lawfully
permitted to do.
5.3 Contract: Any agreement (written, oral, or implied) with another entity that legally
binds the City to provide Consideration.
5.4 Contract Amendment: A modification or change in terms to a previously executed
Contract, regardless of form or label (e.g. addendum, amendment, change
order...).
5.5 Emergency: Unforeseen circumstance beyond the control of the City that either
a) present a real, immediate threat to the proper performance of essential
functions, or b) will likely result in material loss or damage to property, bodily
injury, or loss of life, if immediate action is not taken.
5.6 Mayor: The elected Mayor of the City of Renton, his or her designee(s), and/or a
pro tempore Mayor appointed temporarily pursuant to RCW 35A.12.065.
5.7 Original Contract Value: Original Contract Value is the dollar value of all
Consideration provided by the City to the other contracting party or parties in the
original contract. Calculation of Contract Value involving services or property
0
AGENDA ITEM # 9. a)
RESOLUTION NO.
exchanged should include a reasonable estimate of the fair market value of
services and property provided by the City as Consideration.
6.0 PROCEDURES:
Procedural matters regarding bidding and contracting are the responsibility of the
Administration. This includes, but is not limited to, formally designating those who may
approve and/or sign contracts on the Mayor's behalf and developing/updating
procurement policies and procedures designed to comply with applicable laws.
7
AGENDA ITEM # 9. b)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE CITY OF
RENTON TITLE VI PLAN.
WHEREAS, the federal government enacted Title VI of the 1964 Civil Rights Act which
provided that no person in the United States shall on the grounds of race, color, national origin,
or sex be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity receiving Federal financial assistance; and
WHEREAS, the Civil Rights Restoration Act of 1987 broadened the scope of Title VI
coverage by expanding the definition of terms "programs or activities" to include all programs or
activities of Federal Aid recipients, sub -recipients, and contractors, whether such programs and
activities are federally assisted or not; and
WHEREAS, Limited English Proficiency — Executive Order 13166 clarified that individuals
with Limited English Proficiency are protected under the Title VI nondiscrimination provisions
related to national origin, and requires Federal Aid recipients, sub -recipients and contractors to
take reasonable steps to provide meaningful access to programs, services and entities. These
reasonable steps may include providing information, services and materials in languages other
than English; and
WHEREAS, Environmental Justice — Executive Order 12898 clarified that Title VI requires
Federal aid recipients, sub -recipients and contractors to conduct an equity assessment to ensure
full and fair participation of minority and low-income communities and avoid disproportionately
high or adverse human and environmental impacts from transportation projects; and
1
AGENDA ITEM # 9. b)
RESOLUTION NO.
WHEREAS, the City created its Title VI Plan in coordination with the Washington State
Department of Transportation in its capacity of administrating the distribution of Federal
Highway Administration funds. The City's Title VI Plan is intended to apply primarily to programs
funded by such funds;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council adopts by reference the City of Renton Title VI Plan, City
of Renton Federally Funded Transportation Program, attached as Exhibit A and incorporated
herein.
PASSED BY THE CITY COUNCIL this day of 12019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of 12019.
Approved as to form:
Shane Moloney, City Attorney
RES.1800:1/11/19:scr
Denis Law, Mayor
2
AGENDA ITEM # 9. b)
City of Renton
TITLE VI PLAN
City of Renton Federally Funded Transportation Program
City of Renton Title VI Plan
AGENDA ITEM # 9. b)
Table of Contents
I.
Policy Statement, Authorities and Citations....................................................................
3
II.
Organization, Staffing and Structure............................................................................
4
III.
Title VI Plan Implementation and Program Administration ........................................
5
IV.
NHI Education and Title VI Training...........................................................................
7
V.
Complaint Procedures — Allegations of Discrimination in Federally Assisted
Programsor Activities............................................................................................................ 8
VI.
Sub -Recipient Review and Remedial Action Procedures ..........................................
10
A.
Title VI Review of Sub -recipients of Federal -Aid Highway Funds ...........................
10
B.
Post -Grant Reviews....................................................................................................
11
C.
Remedial Action.........................................................................................................
11
VII.
Title VI Implementation Activities in Special Emphasis Program Areas ..................
11
A.
Planning & Location Activities..................................................................................
11
B.
Consultant Contracts Activities..................................................................................
12
C.
Design & Engineering / Environmental Activities.....................................................
13
D.
Right-of-way Activities..............................................................................................
14
E.
Construction Activities..............................................................................................
15
City of Renton Title VI Plan
AGENDA ITEM # 9. b)
I. Policy Statement, Authorities and Citations
A. Policy of Nondiscrimination
The City of Renton assures that no person shall on the grounds of race, color, national origin, or
sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act
of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any City sponsored program or activity. The City of
Renton further assures every effort will be made to ensure nondiscrimination in all of its
programs and activities, whether those programs and activities are federally funded or not.
In the event the City of Renton distributes Federal aid funds to another entity, the City will
include Title VI language in all written agreements and will monitor for compliance.
Title VI compliance is a condition of receipt for Federal funds. Assurance of compliance,
therefore, falls under the proper authority of the Mayor pursuant to its budgetary authority and
responsibility. The Mayor, Public Works Administrator and Title VI Coordinator are authorized
to ensure compliance with provisions of this policy and with the law, including the requirements
of 23 Code of Federal Regulation (CFR) 200 and 49 CFR 21.
Mayor
Public Works Administrator
Date
Date
Transportation Director & Transportation Title VI Coordinator Date
B. Authorities
Title VI of the 1964 Civil Rights Act provides that no person in the United States shall on the
grounds of race, color, national origin, or sex be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity receiving
Federal financial assistance.
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by
expanding the definition of terms "programs or activities" to include all programs or activities of
Federal Aid recipients, sub -recipients, and contractors, whether such programs and activities are
Federally assisted or not (Public Law 100-259 [S. 557] March 22, 1988).
City of Renton Title VI Plan 3
AGENDA ITEM # 9. b)
Limited English Proficiency — Executive Order 13166 clarifies that individuals with Limited
English Proficiency (LEP) are protected under the title VI nondiscrimination provisions related
to national origin, and requires Federal Aid recipients, sub -recipients and contractors to take
reasonable steps to provide meaningful access to programs, services and entities. These
reasonable steps may include providing information, services and materials in languages other
than English.
Environmental Justice — Executive Order 12898 clarifies that Title VI requires Federal aid
recipients, sub -recipients and contractors to conduct an equity assessment to ensure full and fair
participation of minority and low-income communities and avoid disproportionately high or
adverse human and environmental impacts from transportation projects.
This Plan is created in coordination with the Washington State Transportation in its capacity of
administrating the distribution of Federal Highway Administration dollars. The Policy is
intended to apply primarily to programs funded by such dollars. Other departments, sections,
and divisions of the City of Renton that receive non -highway federal funding may be bound to
and/or follow different policies and procedures in order to comply with the above authorities and
applicable requirements of the agencies responsible for distributing such federal funding.
C. Additional Citations
Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4; 42 USC 4601 to 4655; 23
USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28 CFR 50.3
ii. Organization, Staffing and Structure
A. Organizational Chart
(See Appendix 4)
B. Staffing and Structure
City Administrator
The Mayor is authorized to ensure compliance with provisions of the City's policy of non-
discrimination and with the law, including the requirements of 23 CFR Part 200 and 49 CFR Part
21. The City's grants compliance function and Title VI coordination shall be performed under
the authority of the Mayor.
Title VI Coordinator
The City of Renton has designated the position of Transportation Director to perform the duties
of the Transportation Title VI Coordinator and ensure implementation of the City's Title VI
Federally Funded Transportation Program. The Transportation Director has other duties and
responsibilities in addition to Title VI. Although the Transportation Director is directly
supervised by the Public Works Administrator, this position shall have an indirect reporting
relationship and access to the Mayor.
City of Renton Title VI Plan 4
AGENDA ITEM # 9. b)
Title VI Specialists
Additionally, the Transportation Division has designated Title VI Specialists (Specialists) in
Transportation Division's emphasis areas. The Specialists, designated below, shall work in
concert with the Title VI Coordinator. These areas are subject to receiving Federal assistance
through grants or other types of transportation related funding. The Specialists will work with the
Coordinator to ensure their respective sections comply with Title VI regulations and assurances,
meet the objectives of the Title VI Plan, meet Federal and state reporting requirements, and
provide adequate training opportunities for applicable staff.
Title VI Specialists will work with the Coordinator to ascertain Title VI compliance by
contractors, subcontractors, consultants, suppliers and other sub -recipients under
Transportation's Federally funded projects or programs. Specialists will ensure applicable Title
VI provisions and requirements are included in contractual agreements to prime contractors and
sub -recipients. Specialists will work with the Coordinator to obtain statistical data on race,
color, national origin, handicap/disability, and sex of participants in, and beneficiaries of
Federally funded City of Renton transportation programs. Each of the Specialists will maintain
data relative to their respective special emphasis area, designated below. The Coordinator shall
use the data to complete annual Title VI reports and for other administrative needs.
Title VI Specialists - Emphasis Area and Job Title
Transportation Design
Design Manager
Transportation Operations
Operations Manager
Transportation Planning
Planning Manager
Transportation Maintenance
Maintenance Manager
Transportation Administration
Program Development Coordinator
American with Disabilities Liaison
Transportation Planner
III. Title VI Plan Implementation and Program Administration
Title VI Coordinator's Responsibilities and Program Administration
As authorized by the Mayor, the Title VI Coordinator is responsible for initiating, monitoring,
and ensuring the City of Renton's Transportation Division compliance with Title VI
requirements as follows:
A. Program Administration.
Administer the Title VI program and coordinate implementation of the plan. Ensure compliance
with the assurances, policy, and program objectives. Perform Title VI program reviews to assess
administrative procedures, staffing, and resources; provide recommendations as required to the
Public Works Administrator.
B. Complaints.
City of Renton Title VI Plan
S
AGENDA ITEM # 9. b)
Review written Title VI complaints that may be received by the Transportation Division
following the adopted procedural guidelines (see Section V — Complaint Procedures). Ensure
every effort is made to resolve complaints informally at the local or regional level.
C. Data Collection.
Review the statistical data gathering process performed by Title VI Specialists periodically to
ensure sufficiency of data for meeting the requirements of Title VI program administration. (See
Section VII - Special Emphasis Program Areas).
D. Environmental Impact Statements.
Ensure that available census data are included as a part of all Environmental Impact
Statements/Assessments (EIS/EIA) conducted by the Transportation Division for projects
receiving Federal Highway Administration or other Federal assistance.
E. Training Programs.
Conduct or facilitate training programs on Title VI issues and regulations for Transportation
Division employees; and facilitate Title VI training for appropriate staff, contractors and sub -
recipients.
F. Title VI Plan Update.
Review and update the City of Renton's Transportation Title VI Plan as needed or required.
Present updated plan to the Public Works Administrator; submit amended Plan to WSDOT.
G. Annual Accomplishment Report.
Prepare an annual report of Title VI accomplishments and changes to the program in the
preceding Federal fiscal year; identify goals and objectives for the upcoming year as required;
and submit to WSDOT in a timely manner.
H. Public Dissemination.
Work to develop and disseminate Title VI program information to the Transportation Division
staff and other City of Renton employees and sub -recipients, including contractors,
subcontractors, consultants, and sub -consultants and beneficiaries, as well as the general public.
Public dissemination may include Title VI language in contracts or other agreements, website
postings, and annual publication of the City's Title VI Policy Statement in newspaper(s) having a
general circulation. Ensure public service announcements or notices of proposed projects,
hearings, meetings, or formation of public advisory boards, are posted in newspapers or other
media reaching the affected community. Ensure the full utilization of available minority
publications or media; and, where appropriate, provide written or verbal information in
languages other than English.
I. Elimination of Discrimination.
Work with the City Attorney Department, Human Resources Department, and other City offices
to establish procedures for promptly resolving deficiencies, as needed. Recommend procedures
to identify and eliminate discrimination that may be discovered in any Transportation Division
processes.
City of Renton Title VI Plan
0
AGENDA ITEM # 9. b)
J. Maintain Legislative and Procedural Information.
Federal laws, rules and regulations, WSDOT guidelines, the current City of Renton Title VI
Plan, Annual Accomplishment Reports, and other resource information pertaining to the
implementation and administration of the City's Title VI program will be maintained and
updated by the Coordinator. Information will be made available to other City departments or the
public as requested or required.
IV. NHI Education and Title VI Training
In keeping with adopted City of Renton policy of nondiscrimination, procedures will be
established or followed for Transportation employees to have equal access to applicable
educational and training opportunities. Transportation staff will maintain program administration
documentation and data necessary for preparation of annual Title VI reports, and will routinely
supply the necessary data to the Title VI Coordinator.
A. National Highway Institute (NHI) Education
The Coordinator will be notified when training for the National Highway Institute courses or
workshops become available to City of Renton Transportation employees. The Transportation
Director will establish a policy for the selection of participants interested in taking part in the
National Highway Institute Training workshops to ensure that no one is denied participation or
subjected to discrimination on the basis of race, color, national origin or sex. A report will be
completed and forwarded to the Coordinator upon completion of each educational seminar or
course throughout the course of the year, which shall include the name of each participant, their
title, division, sex and ethnicity for use in completing the annual Title VI accomplishment report.
B. Title VI Training
The Transportation Title VI Coordinator is responsible for overall Title VI related training and
staff development for Title VI Specialists and other City of Renton employees. The Coordinator
will organize and facilitate the provision of Title VI training sessions for consultants, contractors,
and subcontractors periodically. WSDOT's Office of Equal Opportunity Internal and External
Civil Rights Branch and the Contract Compliance Office may be asked to provide applicable
training.
C. Selection of Instructors
The Coordinator will collaborate with the City of Renton's Contracting Services to ensure City
policy is followed in the selection of instructors for City of Renton Transportation training
courses/ workshops, and ensure equal opportunity in the selection process for all training
contracts. Per adopted policy, the City will provide accessibility to
Minority/Women/Disadvantage Business Enterprise consulting and training firms to compete for
training contracts.
City of Renton Title VI Plan
7
AGENDA ITEM # 9. b)
V. Complaint Procedures — Allegations of Discrimination in
Federally Assisted Programs or Activities
A. Overview
These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964 as
amended, Section 504 of the Rehabilitation Act of 1973, Civil Rights Restoration Act of 1987,
and the Americans with Disabilities Act of 1990, relating to any program or activity
administered by the City of Renton Transportation Division, as well as to sub -recipients,
consultants, and contractors. These procedures apply to complaints filed against a program
and/or activity funded by the Federal Highway Administration (FHWA).
Intimidation or retaliation of any kind is prohibited by law.
The procedures do not deny the right of the complainant to file formal complaints with other
state or Federal agencies or to seek private counsel for complaints alleging discrimination.
These procedures are part of an administrative process, which do not provide for remedies that
include punitive damages or compensatory remuneration for the complainant.
Every effort will be made to resolve complaints informally at the City and sub -recipient level.
The option of informal mediation meeting(s) between the affected parties and a designated
mediator may be utilized for resolution.
B. Procedures
Any individual, group of individuals, or entity that believes they have been subjected to
discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint
with the Human Resources Department at the City of Renton. A formal complaint must be filed
within 180 calendar days of the alleged occurrence. Complaint forms are available through the
City's website or by contacting the Title VI Coordinator. The City will not officially act or respond
to complaints made verbally.
Allegations received by telephone will be reduced to writing and provided to the complainant for
confirmation or revision before processing. A complaint form will be forwarded to the complainant
for him/her to complete, sign, and return to the City of Renton for processing.
1. In order to be accepted, a complaint must meet the following criteria:
• The allegation(s) must involve a covered basis such as race, color, national origin,
gender, disability, or retaliation.
• The allegation(s) must involve a program or activity of a Federal -aid recipient,
sub -recipient, or contractor, or, in the case of ADA allegations, an entity open to
the public.
• The complaint must include the date of the alleged act of discrimination (date
when the complainant(s) became aware of the alleged discrimination; or the latest
instance of the conduct).
City of Renton Title VI Plan 8
AGENDA ITEM # 9. b)
• The complaint must present a detailed description of the issues, including names
and job titles of those individuals perceived as parties in the complained -of
incident.
The complainant(s) must accept reasonable resolution based on the City of
Renton's administrative authority (reasonability to the determined by the City of
Renton).
2. Upon receiving the written complaint, Human Resources, in consultation with the Title
VI Coordinator will determine its jurisdiction, acceptability, need for additional
information, and the investigative merit of the complaint.
3. If the complaint is against the City, the City will request the Washington State
Department of Transportation (WSDOT) Office of Equal Opportunity to conduct the
investigation. In the event WSDOT handles the investigation, they will follow their
adopted procedures for investigating discrimination complaints, per their current State
Title VI Plan.
4. If a complaint is against a sub -recipient, consultant, or contractor, under contract with the
City, the appropriate Department and/or Division shall be notified of the complaint
within 15 calendar days. The City will determine whether it will investigate the
complaint or request WSDOT to conduct the investigation.
5. Once the City or WSDOT decides to accept the complaint for investigation, the
complainant and the respondent will be notified in writing of such determination within
five (5) calendar days. The complaint will be logged into the records of the Title VI
Coordinator, and the basis for the allegation identified including race, color, national
origin, handicap/disability, age or sex.
6. In cases where the City of Renton assumes investigation of the complaint, the City will
provide the respondent with the opportunity to respond to the allegations in writing. The
respondent will have ten (10) calendar days upon receipt, to furnish the City with his/her
response to the allegations.
7. Within 40 calendar days of acceptance of the complaint, the City of Renton or WSDOT
investigator will prepare a written investigative report for the Public Works
Administrator and Mayor. This preliminary investigative report shall include a narrative
description of the incident, identification of persons interviewed, findings and
recommendations for disposition.
8. The investigator will discuss the report and recommendations with the Public Works
Administrator and Mayor. There will be a period of 10 calendar days to discuss the report
and any recommendations. The report will be modified as needed and made final for its
release to the parties.
9. Once the investigative report becomes final, briefings will be scheduled with each party
within 15 days. Both the complainant and the respondent shall receive a copy of the
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AGENDA ITEM # 9. b)
investigative report during the briefings and will be notified of their respective appeal
rights.
10. A copy of the complaint and City or WSDOT investigative report will be issued to
WSDOT's External Civil Rights Branch (or the appropriate oversight agency) within 60
calendar days of the acceptance of the complaint.
11. If the complainant or respondent is not satisfied with the results of the investigation of the
alleged discriminatory practice(s) he or she shall be advised of their rights to appeal the
decision to WSDOT, U.S. Department of Transportation or U.S. Department of Justice.
The complainant has 180 calendar days after the appropriate agency's final resolution to
appeal to USDOT. Unless new facts not previously considered come to light,
reconsideration of the final determination by the investigating agency will not be
available.
12. The Title VI Coordinator will maintain an annual Log Of Complaints, which will contain
the following information for each complaint filed:
• The name and address of the person filing the complaint
• The date of the complaint
• The basis of the complaint
• The disposition of the complaint
• The status of the complaint
Only qualified, well -trained investigators should conduct these investigations. No agency
is allowed to investigate a complaint against itself.
13. A complaint may be dismissed for the following reasons:
• The complainant requests the withdrawal of the complaint.
• The complainant fails to respond to repeated requests for additional information
needed to process the complaint.
• The complainant cannot be located after reasonable attempts.
vl. Sub -Recipient Review and Remedial Action Procedures
A. Title VI Review of Sub -recipients of Federal -Aid Highway Funds.
Transportation Title VI Specialists and the Title VI Coordinator will assist WSDOT to
periodically conduct Title VI compliance reviews. Transportation Division staff will review
select recipients of Federal -aid highway or other Federal funds, to ensure adherence to Title VI
requirements (see Section VII). The Title VI Coordinator will work cooperatively to periodically
confirm operational guidelines provided to consultants, contractors, and sub -recipients, including
Title VI language, provisions, and related requirements, as applicable.
City of Renton Title VI Plan 10
AGENDA ITEM # 9. b)
B. Post -Grant Reviews.
The Coordinator will collaborate with Transportation staff to conduct periodic post grant reviews
of select recipients of Federal highway funds or other Federal funds, for roads, sidewalks,
bridges, municipal construction, etc. to ensure adherence to Title VI requirements (see Section
VII). Appropriate staff will periodically confirm that operational guidelines provided to
consultants, contractors and sub -recipients include Title VI language and provisions and related
requirements, where applicable.
C. Remedial Action.
When irregularities occur in the administration of Federal -aid highway programs at either the
City or sub -recipient levels, corrective action will be taken to resolve identified Title VI issues.
The City of Renton will seek the cooperation of the consultant, contractor or other sub -recipient
in correcting deficiencies found during periodic reviews. The City will provide technical
assistance and guidance, upon request, to support voluntary compliance by the sub -recipient.
When conducting Title VI compliance reviews, the City will reduce to writing any recommended
remedial action agreed upon by the Transportation Division and sub -recipient, and provide a
copy of the letter within a period not to exceed 45 days.
Sub -recipients placed in a deficiency status will be given a reasonable time, not to exceed 90
days after receipt of the deficiency letter, to voluntarily correct deficiencies. When a sub -
recipient fails or refuses to voluntarily comply with requirements within the allotted time frame,
the City of Renton will submit to WSDOT and FHWA copies of the case file and a
recommendation that the sub -recipient be found in noncompliance.
A follow-up review will be conducted within 180 days of the initial review to ascertain if the
sub -recipient has complied with the Title VI Program requirements in correcting deficiencies
previously identified. If the sub -recipient refuses to comply, the City of Renton and WSDOT
may, with FHWA's concurrence, initiate sanctions per 49 CFR 21.
VII. Title VI Implementation Activities in Special Emphasis
Program Areas
A. Planning & Location Activities
1. Planning Process.
The Transportation Planning Section has responsibility for providing long-range planning,
program development, and capital programming necessary to provide efficient transportation
services to City of Renton citizens. The City annually updates and coordinates its six -year
plan for transportation improvement programs and projects. The update informs other City of
Renton departments and neighboring jurisdictions of the current planning direction for
transportation needs. Projects included in the update are the result of evaluation and
prioritization of needs in various transportation areas. The evaluation process includes input
from the City Title VI Coordinator, various departments, cities, local jurisdictions and
organizations, citizen groups, and private individuals. All six -year plans are consistent with
the adopted Comprehensive Plan approved under the State's Growth Management Act.
City of Renton Title VI Plan 11
AGENDA ITEM # 9. b)
2. Authorities.
Renton City Code; 23 CFR 450; RCW 35.77; RCW 36; RCW 47.06 Statewide
Transportation Planning; RCW 47.80 Regional Transportation Planning Organization
(RTPO).
3. Public Involvement in Planning Activities & Title VI.
a) The Transportation Division will invite participation of a cross section of the populace
from social, economic, and ethnic groups in the planning process by disseminating
written program information to minority media and ethnic organizations, and providing
public service announcements for all local media, when forming citizen advisory
committees or planning boards, and requesting involvement.
b) Transportation Division staff will obtain demographic statistics at applicable community
meetings and public hearings involving transportation planning sessions. Data will be
gathered through use of a voluntary self -reporting form which includes race, gender, and
national origin. Copies of the completed forms will be provided to Title VI Coordinator
after each meeting.
c) To ensure access to public meetings, evening meetings will be conducted in a variety of
community buildings throughout the City, including those along transit routes. Staff will
ensure translation services are available if anticipated, and ensure public meetings are
held in predominantly minority communities when transportation projects will
specifically impact those communities.
B. Consultant Contracts Activities
1. Consultant Contracts Administration.
The Design Section is responsible for recommending consultant firms to support
Transportation Division activities. Project Managers participate in final selection, negotiation
and award. Pursuant to City of Renton Purchasing, Bidding and Contracting Policy, the
signing authority of the consultant contracts may be the Public Works Administrator or the
Mayor. In coordination with project managers, the Design Section Manager administers
awarded consultant contracts.
2. Authorities.
City of Renton Code; WSDOT Local Agency Guidelines; 48 CFR 31; 23 CFR 172
3. Consultant Selection Process.
Transportation staff or project management staff will request qualifications from consulting
engineering firms specializing in various aspects of civil engineering which may relate to
transportation projects and the development of construction plans and special provisions for
roads and bridges, design work associated with structures, performing environmental studies
or preparing NEPA or SEPA documents for transportation projects. Consultant selection
from the certified list maintained by the MRSC adheres to Washington State regulations
(RCWs) and is consistent with City of Renton vendor policies.
4. Title VI Assurances and Provisions
Transportation Division staff will:
City of Renton Title VI Plan 12
AGENDA ITEM # 9. b)
a) Include applicable Disadvantaged Business Enterprise (DBE) goals in designated
projects, and seek to proactively achieve the goal(s).
b) Include Title VI assurance and provision language in all Federally funded consultant
contracts. Periodically review documents and language to ensure compliance with
current laws and regulations. Provide a copy of the contract to the Title VI Coordinator,
and any amendments or updates that may occur over time.
c) Maintain updated demographic data on the utilization of women -and minority -owned
consulting firms. As they occur, a copy of the award letter will be provided to the Title
VI Coordinator for use in preparing the Annual Update Accomplishment Report.
C. Design & Engineering / Environmental Activities
1. Capital Improvement Projects(CIP):
The Design Section is responsible for implementing the Capital Improvement Program (CIP)
and environmental permitting for projects. Studies are performed to assess various
environmental factors as they relate to the implementation of the City's transportation capital
program, including evaluating demographic data.
2. Authorities.
Renton City Code; Local Agency Guidelines - WSDOT- M36-63; Standard Plans For Road,
Bridge and Municipal Construction-WSDOT; APWA - M21-01; Title 23, USC 109(d), 14(a),
217, 315 and 402(a); 23 CFR 1204.4; 23 CFR 771; EO 12898; 49 CFR 1.48(b)(33) and
1.48(c)(2; National Environmental Policy Act of 1969, 42 USC 4321; 40 CFR Part 1500; 49
CFR Part 622; WSDOT EPM M31-1; EO 12898
3. Design /Environmental Review Process and Title VI
Transportation Division Staff will:
a) Depending on the scope, complexity, and impacts of a project, a National Environmental
Policy Act (NEPA), NEPA Categorical Exclusion, NEPA Environmental Assessment,
State Environmental Policy Act (SEPA) checklist, SEPA Determination of Non
Significance, or NEPA and/or SEPA Environmental Impact Statement will be
completed.
b) Monitor compliance with Title VI requirements in all aspects of conducting
Environmental Impact Statements or Assessments. Provide a comprehensive summary
of the demographic and environmental data elements to be considered by the EIS/EIA
process to the Title VI Coordinator; including updated summary lists as applicable.
c) Incorporate into the review process adequate time for the Coordinator to review and
comment, as applicable, on the draft EIS/EIA to ensure there are no violations of the
Federal Civil Rights Act, as amended, as a result of the City's Federal -Aid highway
activities.
d) In order to ensure dissemination of information and foster participation from affected
populations, place public notices in applicable general and minority media; select
accessible locations and times for public hearings or meetings, and arrange for
translation services as needed; particularly in projects impacting predominantly minority
City of Renton Title VI Plan 13
AGENDA ITEM # 9. b)
communities. Ensure the public has information pertaining to their rights to call or write
the department to view plans and discuss environmental problems.
e) Obtain demographic data at community meetings and public hearings pertaining to the
transportation design phase. Data will be gathered through use of a voluntary sign-up
form which includes race, gender, and preferred language to receive information. Copies
of the voluntary self -reporting forms will be provided to the Title VI Coordinator after
each meeting.
f) Provide a copy of the Annual Construction Report to the Title VI Coordinator in or
around August of each year. The Title VI Coordinator will work with the city's GIS
Section to generate a map of the Federal Highway Administration (FHWA) funded
transportation projects to include demographic data of the neighborhoods effected by the
projects.
D. Right-of-way Activities
1. Real Property Services.
The Design Section, through consultants with expertise in right-of-way acquisition, manages
and coordinates the appraisal and acquisition of real property and relocation assistance
services for transportation projects. The right of way acquisition process entails appraisal of
property, negotiation of terms and conditions for acquisition, and assistance in the relocation
of displaced individuals, businesses, farm operations, nonprofit organizations, and property
management.
2. Authorities.
Right of Way Manual; 23 CFR 130; 49 CFR 24; RCW Chapter 47; WAC 468. 100
3. Right-of-way Activities and Title VI
The Design Section staff will:
a) Ensure equal opportunity in all aspects of procuring real estate service contracting and
appraisal agreements. Follow adopted City of Renton vendor procurement policies in
the acquisition of contracted services.
b) Utilize current OMWBE directories identifying fee appraiser organizations and the
Washington State Department of Transportation's list of certified fee appraisers when
seeking services. Maintain data on awards to minority and female appraisers, and
provide data to the Title VI Coordinator on a quarterly basis.
c) Follow the guidelines in the Right of Way Manual for property acquisition as well as
applicable laws and regulations, including Title VI and Section 504.
d) Adhere to departmental policy of apprising affected property owners, tenants, and others
involved in right-of-way acquisition of their rights and options regarding negotiation,
relocation, condemnation and other aspects of the acquisition process.
e) Provide copies of relocation assistance literature produced by WSDOT and a copy of
the City of Renton Title VI Compliance brochure to all affected parties.
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AGENDA ITEM # 9. b)
f) Incorporate Title VI language in all surveys of property owners and tenants. Coordinate
the preparation of deeds, permits and leases to ensure the inclusion of the appropriate
clauses, including Title VI Language.
g) Ensure that appraised values and communications associated with the appraisal and
negotiation operations result in equitable treatment.
h) Ensure comparable replacement dwellings are available and assistance is given to all
displaced persons and entities by the property acquisition process.
i) Maintain statistical data including race, color, national origin, and sex on all relocatees
affected by Transportation Federal Highway Administration funded projects, and
provide detailed demographic data quarterly to the Title VI Coordinator.
E. Construction Activities
1. Construction: -Design Section.
The implementation of capital improvements projects is performed by the Design Section
(mentioned above). This section is also responsible for administration of all new construction
contracts and inspecting bridges. The Transportation Division is responsible for oversight
and the administration of transportation construction projects, as set forth by policy decisions
and supervision of the Public Works Administrator.
2. Authorities.
City of Renton Standards, Construction Manual M41-01; Maintenance Manual M51-01;
Local Agency Guidelines; Standard Specifications for Road, Bridge, and Municipal
Construction.
3. Construction Activity and Title VI
Transportation Division staff will:
a) Review all Federal Highway Administration funded transportation projects for
application of DBE goals. As appropriate, include DBE provisions in those projects with
designated goals. Include Title VI language in bid announcements and applicable
construction documents, as stipulated in the City's Title VI Policy Statement (p. 2) and
Assurances (Exhibit 2, p. 18-19) herein.
b) Award construction contracts on the basis of lowest responsive bidder, as well as
meeting DBE requirements. Include Title VI language in prime contract award letters to
encourage utilization of DBE subcontracts and vendors.
c) Ensure that prime contractors with DBE requirements award contracted work to
qualified DBEs which perform commercially useful functions.
d) Monitor all construction operations to ensure nondiscrimination throughout all
operations.
e) Coordinate the gathering of construction information regarding DBE participation for
the Annual Title VI Report; and provide to the Coordinator.
City of Renton Title VI Plan 15
AGENDA ITEM # 9. b)
Exhibit 1 - City of Renton Title VI Notice to the Public
The City of Renton hereby gives public notice that it is the City's policy to assure full
compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of
1987, and related statutes and regulations in all programs and activities. Title VI requires that no
person shall, on the grounds of race, color, sex, or national origin be excluded from the
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
Federal Aid Highway program or other activity for which the City of Renton receives Federal
financial assistance.
Any person who believes they have been aggrieved by an unlawful discriminatory practice under
Title VI has a right to file a formal complaint with the City of Renton. Any such complaint must
be in writing and filed with the City of Renton Human Resources within one hundred, eighty
(180) days following the date of the alleged discriminatory occurrence. Title VI Discrimination
Complaint Forms may be obtained from the City's website (www.rentonwa.gov) or from the
Human Resources office at no cost to the complainant by calling (425) 430-7655.
City of Renton Title VI Plan 16
AGENDA ITEM # 9. b)
Exhibit 2 — City of Renton Title VI Assurances
The City of Renton in the State of Washington, (hereinafter referred to as the "Recipient"),
HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the
U.S. Department of Transportation will comply with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 USC 2000d--42 USC 2000d--4 (hereinafter referred to as the Act), and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation —Effectuation of Title VI of the Civil
Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to
the end that in accordance with the Act, Regulations, and other pertinent directives, no person in
the United States shall, on the grounds of race, color, sex, or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the Recipient receives Federal financial assistance through the
Washington State Department of Transportation, including the U.S. Department of
Transportation and Federal Highway Administration, and HEREBY GIVES ASSURANCE
THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance
is required by Subsection 21.7(a)( 1 ) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives
the following specific assurances to its Federal Aid Highway Program:
1. That the Recipient agrees that each "program" and each "facility" as defined in
Subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program")
conducted, or will be (with regard to a "facility") operated in compliance with all
requirements imposed by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for
work or material subject to the Regulations made in connection with the Federal Aid
Highway Program, and in adapted form in all proposals for negotiated agreements:
The City of Renton, in accordance with Title VI of the Civil Rights Act of 1964 and 78
Stat. 252, 42 USC 2000d --- 42 and Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to such
Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered
into pursuant to this advertisement, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, or national origin in consideration for an award.
3. That the Recipient shall insert the clauses of Appendix 1 of this Assurance in every
highway contract subject to the Act and the Regulations.
4. That the Recipient shall insert the clauses of Appendix 2 of this Assurance, as a covenant
running with the land, in any deed from the United States effecting a transfer of real
property, structures, or improvements thereon, or interest therein for highway purposes.
City of Renton Title VI Plan
17
AGENDA ITEM # 9. b)
5. That where the Recipient receives Federal financial assistance to construct a facility, or
part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
6. That where the Recipient receives Federal highway financial assistance in the form, or for
the acquisition of real property, or an interest in real property, the Assurance shall extend
rights to space on, over or under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix 3 of this
Assurance, as a covenant running with the land, in any future deeds, leases, permits,
licenses, and similar agreements entered into by the Recipient with other parties: (a) for
the subsequent transfer of real property acquired or improved under the Federal Aid
Highway Program; and (b) for the construction or use of or access to space on, over or
under real property acquired, or improved under the Federal Aid Highway Program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, or is in the form of, personal property, or real
property or interest therein or structures or improvements there on, in which case the
Assurance obligates the Recipient or any transferee for the longer of the following
periods: (a) the period during which the property is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or (b) the period during which the Recipient retains ownership
or possession of the property.
9. The Recipient shall provide for such methods of administration for the program as are
found by the Secretary of Transportation, or the official to whom s/he delegates specific
authority to give reasonable guarantee that it, other recipients, sub -grantees, contractors,
subcontractors, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or
pursuant to the Act, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial endorsement with
regard to any matter arising under the Act, the Regulations, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, contracts, property, discounts or other Federal financial assistance
extended after the date hereof to the Recipient by the U.S. Department of Transportation under
the Federal Aid Highway Program and is binding on it, other recipients, sub -grantees,
contractors, subcontractors, transferees, successors in interest and other participants in the
Federal Aid Highway Program. The person whose signature appears below is authorized to sign
this Assurance on behalf of the Recipient.
Mayor
Public Works Administrator
City of Renton Title VI Plan
Date
Date
In
AGENDA ITEM # 9. b)
Appendix 1 - Title VI Assurances For Consultants, Contractors, Subcontractors,
Suppliers, and Manufacturers
The City of Renton will insert or add the following clauses into every highway contract subject
to the Act and Regulations associated with the receipt of Federal financial assistance:
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations.
The contractor shall comply with the Regulations relative to nondiscrimination in Federally
assisted programs of the Department of Transportation (hereinafter DOT), Title 49, Code of
Federal Regulations, part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of
this contract.
2. Nondiscrimination.
The contractor, with regard to the work performed during the contract, shall not discriminate
on the grounds of race, color, sex, or national origin in the selection and retention of
subcontractors, including procurement of materials and leases of equipment. The contractor
shall not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, including Procurement of Materials and Equipment.
In all solicitations either by competitive bidding or negotiations made by the contractor for
work to be performed under a subcontract, including procurement of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the ground of race, color, sex, or national origin.
4. Information and Reports.
The contractor shall provide all information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Renton or
the Washington State Department of Transportation to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the City of Renton, or the Washington State
Department of Transportation as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance.
In the event of the contractor's noncompliance with the nondiscrimination provisions of this
contract, The City of Renton and the Washington State Department of Transportation shall
impose such contract sanctions as it, or the Federal Highway Administration may determine
to be appropriate, including, but not limited to:
City of Renton Title VI Plan 19
AGENDA ITEM # 9. b)
a) Withholding of payments to the contractor under the contract until the contractor
complies, and/or;
b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions.
The contractor shall include the provisions of paragraphs (1) through (6) in every
subcontract, including procurement of materials and leases of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto. The contractor shall take such action
with respect to any subcontractor or procurement as the City of Renton or the U.S.
Department of Transportation, Federal Highway Administration, may direct as a means of
enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the City of Renton enter into such litigation to protect the interests of the City and, in
addition, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
City of Renton Title VI Plan 20
AGENDA ITEM # 9. b)
Appendix 2 - Granting and Habendum Clauses
When the City of Renton is the recipient of real property, structures or improvements thereon, or
interest therein from the United States for highway purposes, the following clauses shall be
included in any and all deeds affecting or recording the transfer of property:
GRANTING CLAUSE
NOW, THEREFORE, the City of Renton, as authorized by law, will accept title to the lands and
maintain the project constructed thereon, in accordance with Title 23, United States Code, the
Regulations for the Administration of Federal Aid for Highways and the policies and procedures
prescribed by the Federal Highway Administration of the Department of Transportation and, also
in accordance with and in compliance with all requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation
(hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252:42 USC 2000d to 2000d--4) does hereby remise,
release, quitclaim, and convey unto the City of Renton all the right, title, and interest of the
Department of Transportation in and to said land described in Exhibit A attached hereto and
made a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the City of Renton, and its
successors forever, subject, however, to the covenants, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real
property or structures are used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or benefits and shall
be binding on the City of Renton, its successors, and assigns.
The City of Renton, in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and
assigns, that (1) no person shall on the grounds of race, color, sex, or national origin be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination with
regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,)
(and)' (2) that the City of Renton, shall use the lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrimination of Federally assisted programs of the Department of Transportation --
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended (,) and (3) that in the event of breach of any of the above mentioned nondiscrimination
conditions, the City shall have a right to reenter said lands and facilities on said land, and the
above described land and facilities shall thereon revert to and vest in and become the absolute
property of the Department of Transportation and its assigns as such interest existed prior to this
instruction.
I Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes
of Title VI of Civil Rights Act of 1964.
City of Renton Title VI Plan 21
AGENDA ITEM # 9. b)
Appendix 3 - Lease/Deed Provisions
Upon receipt of Federal financial assistance to construct a facility or part of a facility for
highway purposes, the Recipient agrees to include these clauses in all future deeds, licenses,
leases, permits, or similar instruments entered into by the City of Renton pursuant to the
provisions of Title VI Assurances, item 7:
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that in the event facilities are constructed, maintained, or
otherwise operated on the said property described in this lease, for a purpose for which a US
Department of Transportation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the LESSEE shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to Title 49,
Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
Secretary, part 21, Nondiscrimination in Federally assisted programs of the U.S. Department of
Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations
may be amended.
That in the event of breach of any of the above non-discrimination covenants, the City shall have
the right to terminate the lease, and to reenter and repossess said land and the facilities thereon,
and hold the same as if said lease had never been made or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the City of Renton pursuant to the provisions of Title VI Assurances, item 7.
The LESSEE, for himself or herself, his or her personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land that (1) no person, on the grounds of race, color, sex, or national origin
shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any improvements on,
over or under such land and furnishing of services thereon, no person on the grounds of race,
color, sex, or national origin shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrimination in Federally assisted programs of the U.S. Department of Transportation ---
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended. That in the event of breach of any of the above nondiscrimination covenants, the City
of Renton shall have the right to terminate the lease, and to re-enter and repossess said land and
the facilities thereon, and hold the same as if said lease had never been made or issued.
City of Renton Title VI Plan
22
AGENDA ITEM # 9. b)
Appendix 4 — Organizational Charts
CITY OF RENTON
CURONCTIMI
CHYCOek CR mime Map; �C1 PAl Cdtlei ]i1eGF
mNsr.m.
cerrueeinoeon CH , Aa MkJ ISie
n i1VFOii CiR
City of Renton Title VI Plan 23
AGENDA ITEM # 9. b)
`Transportation
Operations Manager
Engineering Specialist II
Civil Engineer III
PUBLIC WORKS DEPARTMENT
Transportation Systems Division
"Transp artation Systems Director
Admiiistrative5euetaryl Administrative 5ecretaryl
Secretary II
*Transportation "Transportation "Transportation
Maintenance Manager Design Manager Planning Manager
5ecretary II
Signal/Electronic 5ystems
Supervisor
5ignal/Electronic 5ystem
Technician III
Signal/Electronic System
Technician II
Traffic Signage & Marking
Sup ervisor
Traffic Maintenance
Worker II
Principal Civil Engineer
Civil Engineer III
*Individuals marked with an asterisk serve as a Title VI Specialist or Coordinator.
City of Renton Title VI Plan
"Transportation Planner
`Program Develop men[
Coordinator I
Civil Engineer III B
24
AGENDA ITEM # 9. c)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE SALE
OF A PORTION OF A CITY -OWNED PARCEL IDENTIFIED AS KING COUNTY PARCEL
NO. 3224059010 TO THE STATE OF WASHINGTON DEPARTMENT OF
TRANSPORTATION ("WSDOT") IN RELATION TO WSDOT'S 1-405 RENTON TO
BELLEVUE WIDENING AND EXPRESS TOLL LANES PROJECT, AUTHORIZING THE
MAYOR TO SIGN THE NECESSARY DOCUMENTS TO TRANSFER TITLE, AND
AUTHORIZING THE REPAYMENT OF $10.000 IN GRANT FUNDS TO KING COUNTY.
WHEREAS, as a part of the overall 1-405 Renton to Bellevue Widening and Express Toll
Lanes Project (the "Project"), the State of Washington Department of Transportation ("WSDOT")
needs to acquire 45,225 square feet of certain property owned by the City for WSDOT right-of-
way, such property to be acquired being legally described in Exhibit A attached hereto and
incorporated by reference as if fully set forth, and commonly known as the "Fawcett East"
property, located on Lake Washington Blvd N, King County Parcel No. 3224059010 (the
"Property"); and
WHEREAS, WSDOT informed the City of its intent to acquire the portion of the Property
under the imminent threat of WSDOT's exercise of eminent domain;
WHEREAS, the Property was acquired as park property in part with King County
Conservation Futures Grant funds, and pursuant to an interlocal agreement, partial repayment
of the grant funds is required because the portion of the Property to be acquired by WSDOT will
be converted to non -park use; and
WHEREAS, the Property was appraised and WSDOT offered the City a purchase price of
$20,000 commensurate with the appraisal value; and
1
AGENDA ITEM # 9. c)
RESOLUTION NO.
WHEREAS, by email dated December 5, 2018, King County accepted the appraisal and
agreed to accept $10,000 as repayment of the grant funds in satisfaction of the interlocal
agreement; and
WHEREAS, the City after a news release and publication of a public notice for public
hearing, did hold on the 4th day of February, 2019, a public hearing to consider authorizing the
sale of the Property, and those members of the public who wished to testify were duly allowed
to testify and the testimony was considered by the City Council; and
WHEREAS, the City Council has determined that the sale of the Property is in the public
interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Council authorizes the sale of the Property to WSDOT for right-of-way
in the amount of $20,000.
SECTION II. The Mayor is hereby authorized to sign the necessary documents to
transfer title of the Property to WSDOT.
SECTION III. The Council authorizes transfer of funds in the amount of $10,000 to King
County as repayment of King County Conservation Futures Grant Funds.
PASSED BY THE CITY COUNCIL this day of 12019.
Jason A. Seth, City Clerk
2
AGENDA ITEM # 9. c)
RESOLUTION NO.
APPROVED BY THE MAYOR this day of 12019
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
RES:1793:12/19/18:scr
Denis Law, Mayor
3
AGENDA ITEM # 9. c)
RESOLUTION NO.
EXHIBIT A
All that portion of the hereinafter described TRACT " " lying westerly of a line beginning at
a paint opposite Highway Engineer's Station (hereinafter referred to as HE) 583+30.55 on
the SR 405 line survey of SR 405, N.E. 3rd St. Vic. to S.E. both St. Vic. and 125 feet easterly
therefrom; thence northerly parallel with said line Survey to a point opposite HES 583+86
thereon; thence northerly to a point opposite HES 587+41on said line survey and 164 feet
easterly therefrom; thence northewtrerly to a point opposite HES 589+31.65 on said line
survey, and 193.95 feet easterly therefrom; thence northeasterly along a curve to the right
having a radius of 1,168 feet, for an arc distance of 487.28 feet to a point opposite HES
594+33.71 on said line survey and 350.13 feet easterly therefrom; thence northeasterly to a
point apposite RES 596+63.97 on said line survey and the end of this line description.
TRACT "`""
Parcel "A„
That portion of the following described property lying east and southeast of State Highway
o, 1 (SR405);
That portion of government Lot 1 in Section 32, Township 24 North, Range 5 East, W M,,
in Ding County, Washington, described as follows;
Beginning on the east line of said Government Lot 1, South 0104213" West 30 feet from the
northeast corner thereof;
Thence South 01'42'13" West 963.80 feet;
Thence North 88°48'55" West 644.44 feet,
Thence South 01°11"02" West 329.55 feet to a point
Government Lot 1;
Thence North 88°4 '5 " West 20 feet;
Thence North 01011'02t" East 15 1.5 8 feet;
Thence North 53155'45" West 416.57 feet;
Thence North 77° l 0'0" West 408.2 fleet to the
Boulevard;
l 1 feet north of the south line of said
easterly margin of Lake Washington
Thence North 3005613" East along said easterly margin 907.39 feet;
Thence on a curve to the right having a radius of 65.49 feet, distant 68.84 feet to a point 30
feet south of the north line of said Covemment Lot l;
Thence South 88150' 10" East 907.54 feet to the Point of Beginning.
EXCEPT that portion conveyed to [ding County for 108th Avenue Southeast by deed under
Recording No. 5700801.
4
AGENDA ITEM # 9. c)
RESOLUTION NO.
Parcel "B"
That portion of the following described property lying east of State Highway No. 1 (Sly 405)
as conveyed to the Skate of Washington by deed recorded under Recording No. 4 73375:
That portion of Government Lot I in Section 32, Township 24 North, Range 5 East, W.Iv1.,
in Ding County, Washington, described as follows:
Beginning at a point on the east line of said lot from which the northeast corner thereof bears
North 01'42' 13" East a di stance of 993.80 feet;
Thence South 01 °42'l 3" Nest along the east line of said lot, 340.55 feet to the southeast
corner thereof;
Thence along the south line of said rot North 88"48'58" West 641.35 feet;
Thence North 1 ° 11'02" Fast 340.55 feet;
Thence South 88°48'Sg" East 641.35 feet to the Point of Beginning.
EXCEPTING THEREFROM that portion of the above described tract lying south of the
following described lines:
Beginning at a point 11 feet north of the southeast corner of the above described tract;
Thence westerly 559 feet, more or less, to a point which is 13 feet north of the south line of
the tract hereinabovc described;
Thence continuing westerly 82 fleet, more or less,, to a point on the westerly line of said tract
distant I I feet north of the south line of said Government Lot 1.
ALSO EXCEPT that portion conveyed to Ding County for 108th Avenue Southeast by deed
recorded under Recording No. 5700802.
The lands herein described contain an area of 45,225 square feet, more or less, the specific
details concerning all of which are to be found on sheets 21, 22, and 24 of that certain plan
entitled SR 405, N.E. 3rd St. Vic. to S.E. 64th St. Vic., r10w of record and on file in the office
of the Secretary of Transportation at Olympia, and hearing date of approval April 21, 2006,
revised June 2, 2017.
5
AGENDA ITEM # 9. c)
CITY OF RENTON, WASHINGTON
LIMITED TAX GENERAL OBLIGATION BONDS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF
LIMITED TAX GENERAL OBLIGATION BONDS IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $8,500,000 TO
FINANCE COSTS RELATED TO PUBLIC IMPROVEMENTS WITHIN
THE CITY'S DESIGNATED LOCAL REVITALIZATION AREA AND TO
PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM,
TERMS AND COVENANTS OF THE BONDS; DELEGATING
AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS;
AND PROVIDING FOR OTHER MATTERS RELATING THERETO.
PASSED FEBRUARY 11, 2019
PREPARED BY:
PACIFICA LAW GROUP LLP
Seattle, Washington
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AGENDA ITEM # 9. c)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
TABLE OF CONTENTS*
Page
Section1.
Definitions................................................................................................................2
Section 2.
Authorization of the Improvements........................................................................7
Section 3.
Authorization and Description of Bonds..................................................................7
Section 4.
Registration, Exchange and Payments.....................................................................8
Section 5.
Redemption Prior to Maturity and Purchase of Bonds.........................................13
Section6.
Form of Bonds........................................................................................................17
Section 7.
Execution of Bonds................................................................................................17
Section 8.
Application of Bond Proceeds; Project Fund.........................................................18
Section 9.
Tax Covenants........................................................................................................19
Section 10.
Debt Service Fund and Provision for Tax Levy Payments......................................21
Section 11.
Defeasance.............................................................................................................23
Section12.
Sale of Bonds..........................................................................................................23
Section 13.
Preliminary and Final Official Statements.............................................................26
Section 14.
Undertaking to Provide Ongoing Disclosure..........................................................27
Section 15.
Lost, Stolen or Destroyed Bonds............................................................................27
Section 16.
Severability; Ratification........................................................................................27
Section 17.
Payments Due on Business Days...........................................................................28
Section 18.
Corrections by City Clerk........................................................................................28
Section 19.
Effective Date.........................................................................................................28
Exhibit A: Form of Bond
* This Table of Contents is provided for convenience only and is not a part of this ordinance.
01 /30/19
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AGENDA ITEM # 9. c)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF
LIMITED TAX GENERAL OBLIGATION BONDS IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $8,500,000 TO
FINANCE COSTS RELATED TO PUBLIC IMPROVEMENTS WITHIN
THE CITY'S DESIGNATED LOCAL REVITALIZATION AREA AND TO
PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM,
TERMS AND COVENANTS OF THE BONDS; DELEGATING
AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS;
AND PROVIDING FOR OTHER MATTERS RELATING THERETO.
WHEREAS, pursuant to Ordinance No. 5481, passed by the City Council (the "Council")
of the City of Renton, Washington (the "City"), on August 17, 2009, the City designated certain
property, located within the City and identified as a "local revitalization area" within the
meaning of chapter 39.104 RCW, as the South Lake Washington Revitalization Area (the
"Revitalization Area") and specified certain proposed public improvements meeting the
requirements of RCW 39.104.020 to be made therein (the "Improvements"); and
WHEREAS, pursuant to chapter 39.104 RCW, the City is authorized to undertake a "local
revitalization financing" within the meaning of chapter 39.104 RCW by using revenues received
from a local option sales and use tax imposed pursuant to RCW 82.14.510 to pay the principal
of and interest on bonds issued to finance such Improvements; and
WHEREAS, pursuant to RCW 82.14.505 and RCW 82.14.510, the City has or will levy and
imposed a local option sales and use tax (the "Local Option Sales and Use Tax") to generate
revenues for such purposes in an aggregate annual amount of approximately $500,000 (the
"Local Option Sales and Use Tax Revenue"); and
AGENDA ITEM # 9. c)
WHEREAS, after due consideration the Council has determined that it is in the best
interest of the City to authorize the issuance and sale of limited tax general obligation bonds to
pay a portion of the costs of the Improvements; and
WHEREAS, this Council wishes to delegate authority to the Mayor, the Chief
Administrative Officer and the Administrative Services Administrator of the City (as further
described herein, each a "Designated Representative"), for a limited time, to approve the
interest rates, maturity dates, redemption terms and other terms of the Bonds within the
parameters set by this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following words and terms
shall have the following meanings, unless the context or use indicates another or different
meaning or intent. Unless the context indicates otherwise, words importing the singular
number shall include the plural number and vice versa.
Administrative Services Administrator means the City's Administrative Services
Administrator or the successor to such officer.
Beneficial Owner means any person that has or shares the power, directly or indirectly,
to make investment decisions concerning ownership of any Bonds (including persons holding
Bonds through nominees, depositories or other intermediaries).
Bond Counsel means Pacifica Law Group LLP or an attorney at law or a firm of attorneys,
selected by the City, of nationally recognized standing in matters pertaining to the tax-exempt
nature of interest on bonds issued by states and their political subdivisions.
-2-
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AGENDA ITEM # 9. c)
Bond Register means the registration books maintained by the Bond Registrar for
purposes of identifying ownership of the Bonds or the nominee of each owner, and such other
information as the Bond Registrar shall determine.
Bond Registrar means, initially, the fiscal agent of the State, for the purposes of
registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of
ownership of the Bonds and paying interest on and principal of the Bonds.
Bonds mean the limited tax general obligation bonds authorized to be issued in one or
more series pursuant to this ordinance in the aggregate principal amount of not to exceed
$8,500,000.
Certificate of Authentication means the form of certificate of authentication included in
the form of Bond attached hereto as Exhibit A.
Certificate of Award means the certificate, if any, for the purchase of a series of Bonds
awarding the Bonds to the initial purchaser for such Bonds as set forth in Section 12 of this
ordinance.
Chief Administrative Officer means the Chief Administrative Officer of the City or the
successor to such officer.
City means the City of Renton, Washington, a municipal corporation duly organized and
existing under the laws of the State.
City Clerk means the duly appointed and acting City Clerk of the City or the successor to
the person fulfilling the duties of that office.
Closing means the date of issuance and delivery of a series of Bonds to the applicable
Underwriter.
-3-
10018 00013ia08ep42ck
AGENDA ITEM # 9. c)
Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of
the Tax -Exempt Bonds or (except as otherwise referenced herein) as it may be amended to
apply to obligations issued on the date of issuance of the Tax -Exempt Bonds, together with
applicable proposed, temporary and final regulations promulgated, and applicable official
public guidance published, under the Code.
Commission means the United States Securities and Exchange Commission.
Continuing Disclosure Certificate means the written undertaking for the benefit of the
owners and Beneficial Owners of the Bonds as required by Section (b)(5) of the Rule.
Council or City Council means the Renton City Council, as the general legislative body of
the City, as the same is duly and regularly constituted from time to time.
Debt Service Fund means one or more funds, and accounts held therein, created
pursuant to this ordinance for the purpose of paying debt service on a series of Bonds.
Designated Representative means each of the Mayor, the Chief Administrative Officer
and the Administrative Services Administrator of the City, any successors to the functions of
such officers, and their designees. The signature of one Designated Representative shall be
sufficient to bind the City.
DTC means The Depository Trust Company, New York, New York, a limited purpose trust
company organized under the laws of the State of New York, as depository for the Bonds
pursuant to this ordinance.
Fair Market Value means the price at which a willing buyer would purchase an
investment from a willing seller in a bona fide, arm's-length transaction, except for specified
investments as described in Treasury Regulation §1.148-5(d)(6), including United States
III
10018 00013ia08ep42ck
AGENDA ITEM # 9. c)
Treasury obligations, certificates of deposit, guaranteed investment contracts, and investments
for yield -restricted defeasance escrows. Fair Market Value is generally determined on the date
on which a contract to purchase or sell an investment becomes binding, and, to the extent
required by the applicable regulations under the Code, the term "investment" will include a
hedge.
Federal Tax Certificate means the certificate executed by a Designated Representative
setting forth the requirements of the Code for maintaining the tax exemption of interest on any
Tax -Exempt Bonds, and any attachments thereto.
Government Obligations means those obligations now or hereafter defined as such in
chapter 39.53 RCW constituting direct obligations of, or obligations the principal of and interest
on which are unconditionally guaranteed by, the United States of America, as such chapter may
be hereafter amended or restated.
Improvements mean the public improvements within the Revitalization Area that are
eligible for financing under chapter 39.104 RCW.
Letter of Representations means the Blanket Issuer Letter of Representations given by
the City to DTC, as amended from time to time.
Local Option Sales and Use Tax means the local option sales and use tax levied and
imposed by the City as authorized by RCW 82.14.505 and RCW 82.14.510.
Local Option Sales and Use Tax Revenue means the Local Option Sales and Use Tax
credit revenues received by the City in an aggregate annual amount of approximately $500,000.
Mayor or City Mayor means the elected Mayor of the City or the successor to the duties
of that office.
-5-
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AGENDA ITEM # 9. c)
MSRB means the Municipal Securities Rulemaking Board or any successors to its
functions.
Official Statement means the disclosure documents prepared and delivered in
connection with the issuance of a series of Bonds.
Project Fund means the fund or account created pursuant to Section 8 of this ordinance.
Record Date means the close of business for the Bond Registrar on the day that is 15
days preceding any interest and/or principal payment or redemption date.
Registered Owner means the person named as the registered owner of a Bond in the
Bond Register. For so long as the Bonds are held in book -entry only form, DTC or its nominee
shall be deemed to be the sole Registered Owner.
Revitalization Area means the South Lake Washington Revitalization Area designated by
the City as a "local revitalization area" within the meaning of chapter 39.104 RCW as provided
for in City Ordinance No. 5481.
Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934,
as the same may be amended from time to time.
State means the State of Washington.
Taxable Bonds means any Bonds determined to be issued on a taxable basis pursuant to
Section 12.
Tax -Exempt Bonds mean any Bonds determined to be issued on a tax-exempt basis
under the Code pursuant to Section 12.
Underwriter means any initial purchaser for a series of Bonds selected pursuant to
Section 12.
Iral
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AGENDA ITEM # 9. c)
Section 2. Authorization of the Improvements. The Improvements, as they are to
be more fully described in the plans and specifications prepared by and filed with the City, are
hereby approved. The cost of all necessary appraisals, negotiation, closing, architectural,
engineering, financial, legal and other consulting services, inspection and testing, demolition,
administrative and relocation expenses and other costs incurred in connection with the
foregoing capital improvements shall be deemed a part of the capital costs of such
Improvements. Such Improvements shall be complete with all necessary equipment and
appurtenances.
The City will determine the exact specifications for the Improvements, and the
components thereof, as well as the timing, order and manner of completing the components of
the Improvements. The City may alter, make substitutions to, and amend the Improvements as
it determines are in the best interests of the City and consistent with chapter 39.104 RCW.
Section 3. Authorization and Description of Bonds. For the purpose of paying
and/or reimbursing the City for costs of the Improvements and paying costs of issuance, the
City is hereby authorized to issue and sell from time to time one or more series of limited tax
general obligation bonds in an aggregate principal amount not to exceed $8,500,000
(the "Bonds")
The Bonds of each series shall be general obligations of the City and shall be designated
"City of Renton, Washington, Limited Tax General Obligation Bonds, 2019" with additional
series designation or other such designation as determined to be necessary by a Designated
Representative. The Bonds of each series shall be dated as of the date of Closing for such series
of Bonds; shall be fully registered as to both principal and interest; shall be in the denomination
-7-
10018 00013ia08ep42ck
AGENDA ITEM # 9. c)
of $5,000 each, or any integral multiple thereof, within a maturity; shall be numbered
separately in such manner and with any additional designation as the Bond Registrar deems
necessary for purposes of identification; shall bear interest from their date payable on the
dates and at the rates and commencing as provided in the applicable Certificate of Award; and
shall mature on the dates and in the principal amounts set forth in the applicable Certificate of
Award, as approved and executed by a Designated Representative pursuant to Section 12 of
this ordinance. The Bonds authorized herein may be combined with other limited tax general
obligation bonds of the City and sold as a single series and issue if determined to be in the best
interest of the City.
Section 4. Registration, Exchange and Payments.
(a) Bond Registrar/Bond Register. The City hereby specifies and adopts the
system of registration approved by the Washington State Finance Committee from time to time
through the appointment of State fiscal agencies. The City shall cause the Bond Register to be
maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond
Registrar shall make all necessary provisions to permit the exchange, registration or transfer of
Bonds at its designated office. The Bond Registrar may be removed at any time at the option of
the Administrative Services Administrator upon prior notice to the Bond Registrar and a
successor Bond Registrar appointed by the Administrative Services Administrator. No
resignation or removal of the Bond Registrar shall be effective until a successor shall have been
appointed and until the successor Bond Registrar shall have accepted the duties of the Bond
Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate
and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds
10018 00013ia08ep42ck
AGENDA ITEM # 9. c)
and this ordinance and to carry out all of the Bond Registrar's powers and duties under this
ordinance. The Bond Registrar shall be responsible for its representations contained in the
Certificate of Authentication of the Bonds.
(b) Registered Ownership. The City and the Bond Registrar, each in its
discretion, may deem and treat the Registered Owner of each Bond of a series as the absolute
owner thereof for all purposes (except as provided in a Continuing Disclosure Certificate), and
neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment
of any such Bond shall be made only as described in Section 4(g), but such Bond may be
transferred as herein provided. All such payments made as described in Section 4(g) shall be
valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the
amount or amounts so paid.
(c) DTC Acceptance/Letters of Representations. The Bonds of a series
initially shall be held in fully immobilized form by DTC acting as depository. The City has
executed and delivered to DTC the Letter of Representations. Neither the City nor the Bond
Registrar shall have any responsibility or obligation to DTC participants or the persons for whom
they act as nominees (or any successor depository) with respect to the Bonds in respect of the
accuracy of any records maintained by DTC (or any successor depository) or any DTC
participant, the payment by DTC (or any successor depository) or any DTC participant of any
amount in respect of the principal of or interest on Bonds, any notice which is permitted or
required to be given to Registered Owners under this ordinance (except such notices as shall be
required to be given by the City to the Bond Registrar or to DTC (or any successor depository)),
or any consent given or other action taken by DTC (or any successor depository) as the
In
10018 00013ia08ep42ck
AGENDA ITEM # 9. c)
Registered Owner. For so long as any Bonds are held by a depository, DTC or its successor
depository or its nominee shall be deemed to be the Registered Owner for all purposes
hereunder, and all references herein to the Registered Owners shall mean DTC (or any
successor depository) or its nominee and shall not mean the owners of any beneficial interest in
such Bonds.
(d) Use of Depository.
(1) The Bonds shall be registered initially in the name of "Cede &
Co.," as nominee of DTC, with one Bond of each series maturing on each of the maturity dates
for the Bonds in a denomination corresponding to the total principal therein designated to
mature on such date. Registered ownership of such Bonds, or any portions thereof, may not
thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any
such successor shall be qualified under any applicable laws to provide the service proposed to
be provided by it; (B) to any substitute depository appointed by the Administrative Services
Administrator pursuant to subsection (2) below or such substitute depository's successor; or
(C) to any person as provided in subsection (4) below.
(2) Upon the resignation of DTC or its successor (or any substitute
depository or its successor) from its functions as depository or a determination by the
Administrative Services Administrator to discontinue the system of book -entry transfers
through DTC or its successor (or any substitute depository or its successor), the Administrative
Services Administrator may hereafter appoint a substitute depository. Any such substitute
depository shall be qualified under any applicable laws to provide the services proposed to be
provided by it.
-10-
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AGENDA ITEM # 9. c)
(3) In the case of any transfer pursuant to clause (A) or (B) of
subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds together
with a written request on behalf of the Administrative Services Administrator, issue a single
new Bond for each maturity of that series then outstanding, registered in the name of such
successor depository or such substitute depository, or their nominees, as the case may be, all as
specified in such written request of the Administrative Services Administrator.
(4) In the event that (A) DTC or its successor (or substitute depository
or its successor) resigns from its functions as depository, and no substitute depository can be
obtained, or (B) the Administrative Services Administrator determines that it is in the best
interest of the Beneficial Owners of the Bonds that such owners be able to obtain physical bond
certificates, the ownership of such Bonds may then be transferred to any person or entity as
herein provided, and shall no longer be held by a depository. The Administrative Services
Administrator shall deliver a written request to the Bond Registrar, together with a supply of
physical bonds, to issue Bonds as herein provided in any authorized denomination. Upon
receipt by the Bond Registrar of all then outstanding Bonds of a series together with a written
request on behalf of the Administrative Services Administrator to the Bond Registrar, new
Bonds of such series shall be issued in the appropriate denominations and registered in the
names of such persons as are requested in such written request.
(e) Registration of Transfer of Ownership or Exchange; Change in
Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but
no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with
the assignment form appearing on such Bond duly executed by the Registered Owner or such
-11-
10018 00013ia08ep42ck
AGENDA ITEM # 9. c)
Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon
such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate
and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or
Bonds at the option of the new Registered Owner) of the same date, series, maturity, and
interest rate and for the same aggregate principal amount in any authorized denomination,
naming as Registered Owner the person or persons listed as the assignee on the assignment
form appearing on the surrendered Bond, in exchange for such surrendered and cancelled
Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for
an equal aggregate principal amount of Bonds of the same date, series, maturity, and interest
rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the
transfer of or to exchange any Bond during the 15 days preceding any principal payment or
redemption date.
(f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become
the Registered Owner of any Bond with the same rights it would have if it were not the Bond
Registrar, and to the extent permitted by law, may act as depository for and permit any of its
officers or directors to act as a member of, or in any other capacity with respect to, any
committee formed to protect the right of the Registered Owners or Beneficial Owners of Bonds.
(g) Place and Medium of Payment. Both principal of and interest on the
Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds
shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as
all Bonds are held by a depository, payments of principal thereof and interest thereon shall be
made as provided in accordance with the operational arrangements of DTC referred to in the
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Letter of Representations. In the event that the Bonds are no longer held by a depository,
interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the
addresses for such Registered Owners appearing on the Bond Register on the Record Date, or
upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by
the Bond Registrar at least by the Record Date), such payment shall be made by the Bond
Registrar by wire transfer to the account within the United States designated by the Registered
Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds
by the Registered Owners at the designated office of the Bond Registrar.
If any Bond is duly presented for payment and funds have not been provided by
the City on the applicable payment date, then interest will continue to accrue thereafter on the
unpaid principal thereof at the rate stated on the Bond until the Bond is paid.
Section 5. Redemption Prior to Maturity and Purchase of Bonds.
(a) Mandatory Redemption of Term Bonds and Optional Redemption. The Bonds of
each series shall be subject to mandatory redemption of term bonds to the extent, if any, set
forth in the Certificate of Award and as approved by a Designated Representative pursuant to
Section 12. The Bonds of each series shall be subject to optional redemption on the dates, at
the prices and under the terms set forth in the Certificate of Award approved by a Designated
Representative pursuant to Section 12.
(b) Selection of Bonds for Redemption. For as long as the Bonds of a series are held
in book -entry only form, the selection of particular Bonds within a series and maturity to be
redeemed shall be made in accordance with the operational arrangements then in effect at
DTC. If the Bonds are no longer held by a depository, the selection of such Bonds to be
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AGENDA ITEM # 9. c)
redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided
in the following provisions of this subsection (b). If the City redeems at any one time fewer
than all of the Bonds of a series having the same maturity date, the particular Bonds or portions
of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner as
determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a
denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as
representing such number of separate Bonds each of the denomination of $5,000 as is obtained
by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion
of the principal sum of a Bond is redeemed, upon surrender of such Bond at the designated
office of the Bond Registrar there shall be issued to the Registered Owner, without charge
therefor, for the then unredeemed balance of the principal sum thereof, at the option of the
Registered Owner, a Bond or Bonds of like series, maturity and interest rate in any of the
denominations herein authorized.
(c) Notice of Redemption.
(1) Official Notice. For so long as the Bonds of a series are held by a
depository, notice of redemption shall be given in accordance with the operational
arrangements of DTC as then in effect, and neither the City nor the Bond Registrar shall provide
any notice of redemption to any Beneficial Owners. The notice of redemption may be
conditional. Unless waived by any Registered Owner of Bonds to be redeemed, official notice
of any such redemption (which redemption may be conditioned by the Bond Registrar on the
receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on
behalf of the City by mailing a copy of an official redemption notice by first class mail at least
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20 days and not more than 60 days prior to the date fixed for redemption to the Registered
Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at
such other address as is furnished in writing by such Registered Owner to the Bond Registrar.
All official notices of redemption shall be dated and shall state:
(A) the redemption date,
(B) the redemption price,
(C) if fewer than all outstanding Bonds of such series are to be
redeemed, the identification by series and maturity (and, in the case of partial redemption, the
respective principal amounts) of the Bonds to be redeemed,
(D) any conditions to redemption,
(E) that unless conditional notice of redemption has been given and
such conditions have either been satisfied or waived, on the redemption date the redemption
price shall become due and payable upon each such Bond or portion thereof called for
redemption, and that interest thereon shall cease to accrue from and after said date, and
(F) the place where such Bonds are to be surrendered for payment of
the redemption price, which place of payment shall be the designated office of the Bond
Registrar.
On or prior to any redemption date, unless any condition to such redemption has not
been satisfied or waived or notice of such redemption has been rescinded or revoked, the City
shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption
price of all the Bonds or portions of Bonds which are to be redeemed on that date. The City
retains the right to rescind any redemption notice and the related optional redemption of
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Bonds by giving notice of rescission to the affected Registered Owners at any time on or prior to
the scheduled redemption date. Any notice of optional redemption that is so rescinded shall be
of no effect, and the Bonds for which the notice of optional redemption has been rescinded
shall remain outstanding.
(2) Effect of Notice; Bonds Due. If notice of redemption has been given and
not rescinded or revoked, or if the conditions set forth in a conditional notice of redemption
have been satisfied or waived, the Bonds of such series or portions of Bonds to be redeemed
shall, on the redemption date, become due and payable at the redemption price therein
specified, and from and after such date such Bonds or portions of Bonds shall cease to bear
interest. Upon surrender of such Bonds for redemption in accordance with said notice, such
Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due
on or prior to the redemption date shall be payable as herein provided for payment of interest.
All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be
reissued.
(3) Additional Notice. In addition to the foregoing notice, further notice shall
be given by the City as set out below, but no defect in said further notice nor any failure to give
all or any portion of such further notice shall in any manner defeat the effectiveness of a call for
redemption if notice thereof is given as above prescribed. Each further notice of redemption
given hereunder shall contain the information required above for an official notice of
redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of
the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed;
(D) the series and maturity date of each Bond being redeemed; and (E) any other descriptive
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information needed to identify accurately the Bonds being redeemed. Each further notice of
redemption may be sent at least 20 days before the redemption date to each party entitled to
receive notice pursuant to the applicable Continuing Disclosure Certificate and with such
additional information as the City shall deem appropriate, but such mailings shall not be a
condition precedent to the redemption of such Bonds.
(4) Amendment of Notice Provisions. The foregoing notice provisions of this
Section 5, including but not limited to the information to be included in redemption notices and
the persons designated to receive notices, may be amended by additions, deletions and
changes in order to maintain compliance with duly promulgated regulations and
recommendations regarding notices of redemption of municipal securities.
(d) Purchase of Bonds. The City reserves the right to purchase any or all of the
Bonds offered to it at any time at a price deemed reasonable by the Administrative Services
Administrator plus accrued interest to the date of purchase.
Section 6. Form of Bonds. The Bonds shall be in substantially the form set forth in
Exhibit A, which is incorporated herein by this reference, with such changes thereto as may be
approved by the Designated Representative, consistent with the provisions of Section 12
hereof.
Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the City by
the facsimile or manual signature of the Mayor and shall be attested to by the facsimile or
manual signature of the City Clerk, and shall have the seal of the City impressed or a facsimile
thereof imprinted or otherwise reproduced thereon.
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In the event any officer who shall have signed or whose facsimile signatures appear on
any of the Bonds shall cease to be such officer of the City before said Bonds shall have been
authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may
nevertheless be authenticated, delivered and issued and, upon such authentication, delivery
and issuance, shall be as binding upon the City as though said person had not ceased to be such
officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the
actual date of execution of such Bond shall be the proper officer of the City, although at the
original date of such Bond such persons were not such officers of the City.
Only such Bonds as shall bear thereon a Certificate of Authentication manually executed
by an authorized representative of the Bond Registrar shall be valid or obligatory for any
purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be
conclusive evidence that the Bonds so authenticated have been duly executed, authenticated
and delivered hereunder and are entitled to the benefits of this ordinance.
Section 8. Aoolication of Bond Proceeds: Proiect Fund. The Administrative Services
Administrator is hereby authorized to create a fund or account (the "Project Fund"), and
subaccounts therein as necessary, for the purposes set forth in this section. A portion of the
proceeds of each series of Bonds, net of any Underwriter's discount and fees, shall be
deposited in the Project Fund in the amounts specified in the closing memorandum prepared in
connection with the issuance of such Bonds. Such proceeds shall be used to pay and/or
reimburse the City for the costs of the Improvements and, unless otherwise provided by the
City, to pay costs of issuance of such Bonds.
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The Administrative Services Administrator shall invest money in the Project Fund and
the subaccounts contained therein in such obligations as may now or hereafter be permitted by
law to cities of the State and which will mature prior to the date on which such money shall be
needed, but only to the extent that the same are acquired, valued and disposed of at Fair
Market Value. Any remaining Bond proceeds (including interest earnings thereon) may be used
for other capital projects of the City or shall be transferred to the Debt Service Fund for the
allocable series of Bonds.
Section 9. Tax Covenants. The City will take all actions necessary to assure the
exclusion of interest on any Tax -Exempt Bonds from the gross income of the owners of such
Tax -Exempt Bonds to the same extent as such interest is permitted to be excluded from gross
income under the Code as in effect on the date of issuance of such Tax -Exempt Bonds, including
but not limited to the following:
(a) Private Activity Bond Limitation. The City will assure that the proceeds of the
Tax -Exempt Bonds are not so used as to cause the Tax -Exempt Bonds to satisfy the private
business tests of Section 141(b) of the Code or the private loan financing test of Section 141(c)
of the Code.
(b) Limitations on Disposition of Improvements. The City will not sell or otherwise
transfer or dispose of (i) any personal property components of the Improvements other than in
the ordinary course of an established government program under Treasury Regulation 1.141-
2(d)(4) or (ii) any real property components of the Improvements, unless it has received an
opinion of Bond Counsel to the effect that such disposition will not adversely affect the
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treatment of interest on the Tax -Exempt Bonds as excludable from gross income for federal
income tax purposes.
(c) Federal Guarantee Prohibition. The City will not take any action or permit or
suffer any action to be taken if the result of such action would be to cause any of the Tax -
Exempt Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code.
(d) Rebate Requirement. The City will take any and all actions necessary to assure
compliance with Section 148(f) of the Code, relating to the rebate of excess investment
earnings, if any, to the federal government, to the extent that such section is applicable to the
Tax -Exempt Bonds.
(e) No Arbitrage. The City will not take, or permit or suffer to be taken, any action
with respect to the proceeds of the Tax -Exempt Bonds which, if such action had been
reasonably expected to have been taken, or had been deliberately and intentionally taken, on
the date of issuance of the Tax -Exempt Bonds would have caused the Tax -Exempt Bonds to be
"arbitrage bonds" within the meaning of Section 148 of the Code.
(f) Registration Covenant. The City will maintain a system for recording the
ownership of each Tax -Exempt Bond that complies with the provisions of Section 149 of the
Code until all Tax -Exempt Bonds have been surrendered and canceled.
(g) Record Retention. The City will retain its records of all accounting and monitoring
it carries out with respect to the Tax -Exempt Bonds for at least three years after the Tax -
Exempt Bonds mature or are redeemed (whichever is earlier); however, if the Tax -Exempt
Bonds are redeemed and refunded, the City will retain its records of accounting and monitoring
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at least three years after the earlier of the maturity or redemption of the obligations that
refunded the Tax -Exempt Bonds.
(h) Compliance with Federal Tax Certificate. The City will comply with the provisions
of the Federal Tax Certificate with respect to a series of Tax -Exempt Bonds, which are
incorporated herein as if fully set forth herein. The covenants of this Section will survive
payment in full or defeasance of the Tax -Exempt Bonds.
(i) Bank Qualification. In the Federal Tax Certificate executed in connection with
the issuance of each series of Tax -Exempt Bonds, the City may designate such Bonds as
"qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by
financial institutions if the City does not reasonably expect to issue more than $10,000,000 of
qualified tax-exempt obligations in the calendar year in which such Tax -Exempt Bonds are
issued.
Section 10. Debt Service Fund and Provision for Tax Levy Payments. The City hereby
authorizes the creation of one or more funds, and accounts held therein, to be used for the
payment of debt service on each series of Bonds, designated as the "Limited Tax General
Obligation Bond Debt Service Fund" or other such designation selected by the City (the "Debt
Service Fund"). No later than the date each payment of principal of or interest on the Bonds
becomes due, the City shall transmit sufficient funds, from the Debt Service Fund or from other
legally available sources, to the Bond Registrar for the payment of such principal or interest.
Money in the Debt Service Fund may be invested in legal investments for City funds, but only to
the extent that the same are acquired, valued and disposed of at Fair Market Value. Any
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interest or profit from the investment of such money shall be deposited in the Debt Service
Fund.
The City hereby irrevocably covenants and agrees for as long as any of the Bonds are
outstanding and unpaid that each year it shall include in its budget and levy an ad valorem tax
upon all the property within the City subject to taxation in an amount that will be sufficient,
together with all other revenues and money of the City legally available for such purposes, to
pay the principal of and interest on the Bonds as the same shall become due.
The City hereby irrevocably pledges that the annual tax provided for herein to be levied
for the payment of such principal and interest shall be within and as a part of the property tax
levy permitted to cities without a vote of the electorate, and that a sufficient portion of each
annual levy to be levied and collected by the City prior to the full payment of the principal of
and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated
for the payment of the principal of and interest on the Bonds. The full faith, credit and
resources of the City are hereby irrevocably pledged for the annual levy and collection of such
taxes and for the prompt payment of the principal of and interest on the Bonds when due.
The City hereby further irrevocably pledges all Local Option Sales and Use Tax Revenues
to the portion of the Bonds allocable to the Improvements. The City further covenants to
impose the Local Option Sales and Use Tax, collect the Local Option Sales and Use Tax Revenues
under and in accordance with RCW 82.14.505 and RCW 82.14.510, and apply Local Option Sales
and Use Tax Revenues to pay debt service on the portion of the Bonds allocable to the
Improvements. In the event that the Bonds authorized herein are combined with other limited
tax general obligation bonds of the City and sold as a single series, the Local Option Sales and
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Use Tax Revenues shall be pledged to the portion of the combined series of bonds allocable to
the Improvements.
Section 11. Defeasance. In the event that the City, in order to effect the payment,
retirement or redemption of any Bond, sets aside in the Debt Service Fund or in another special
account, cash or noncallable Government Obligations, or any combination of cash and/or
noncallable Government Obligations, in amounts and maturities that, together with the known
earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance
with its terms and to pay when due the interest and redemption premium, if any, thereon, and
such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for
such purpose, then no further payments need be made into the Debt Service Fund for the
payment of the principal of and interest on such Bond. The owner of a Bond so provided for
shall cease to be entitled to any lien, benefit or security of this ordinance except the right to
receive payment of principal, premium, if any, and interest from the Debt Service Fund or such
special account, and such Bond shall be deemed to be not outstanding under this ordinance.
The City shall give written notice of defeasance of any Bonds of a series in accordance with the
applicable Continuing Disclosure Certificate.
Section 12. Sale of Bonds.
(a) Bond Sole. The Council has determined that it would be in the best interest of
the City to delegate to the Designated Representatives, for a limited time, the authority to
designate each series of Bonds as Tax -Exempt Bonds or Taxable Bonds and to approve the final
interest rates, maturity dates, redemption terms and principal maturities for each series of
Bonds. A Designated Representative may also determine to combine the Bonds authorized
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herein with other authorized limited tax general obligation bonds of the City and to sell such
bonds as a single series and issue.
(b) Competitive Sale. The Bonds of each series shall be sold by competitive public
sale. A Designated Representative shall with respect to such series of Bonds: (1) establish the
date of the public sale; (2) establish the criteria by which the successful bidder will be
determined; (3) request that a good faith deposit accompany each bid; (4) cause notice of the
public sale to be given; and (5) provide for such other matters pertaining to the public sale as
he or she deems necessary or desirable. A Designated Representative shall cause the notice of
sale to be given and provide for such other matters pertaining to the public sale as he or she
deems necessary or desirable. The Bonds of such series shall be sold to the Underwriter
pursuant to the terms of a Certificate of Award.
(c) Sale Parameters. Subject to the terms and conditions set forth in this Section 12,
each Designated Representative is hereby authorized to designate each series of Bonds as Tax -
Exempt Bonds or Taxable Bonds and to determine the final interest rates, aggregate principal
amount, principal maturities, and redemption rights for each series of Bonds in the manner
provided hereafter so long as:
(1) the aggregate principal (face) amount of all Bonds issued under the
authority granted in this ordinance does not exceed $8,500,000,
(2) the final maturity date for the Bonds of each series is no later than
December 1, 2044,
(3) the aggregate purchase price for the Bonds of each series shall be no less
than 98% of the aggregate stated principal amount of the Bonds of each series,
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(4) the true interest cost for the Tax -Exempt Bonds (in the aggregate for such
series) does not exceed 5.00%,
(5) the true interest cost for the Taxable Bonds (in the aggregate for such
series) does not exceed 5.00%, and
(6) the Bonds of each series otherwise conform to all other terms of this
ordinance.
Subject to the terms and conditions set forth in this section, each Designated
Representative is hereby authorized to select the Underwriter and to execute the Certificate of
Award on behalf of the City for each series of Bonds. The signature of one Designated
Representative shall be sufficient to bind the City.
Following the execution of the Certificate of Award, a Designated Representative shall
provide a report to the Council describing the final terms of the Bonds sold pursuant to such
Certificate of Award and approved pursuant to the authority delegated in this section. The
authority granted to the Designated Representatives by this Section 12 shall expire one year
after the effective date of this ordinance. If a Certificate of Award for the Bonds has not been
executed within one year after the effective date of this ordinance, the authorization for the
issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale
approved unless such Bonds are re -authorized by ordinance of the Council. The ordinance re-
authorizing the issuance and sale of such Bonds may be in the form of a new ordinance
repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance
approving a Certificate of Award or establishing terms and conditions for the authority
delegated under this Section 12.
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(f) Delivery of Bonds; Documentation. Upon the passage and approval of this
ordinance and execution of the Certificate of Award, the proper officials of the City, including
the Designated Representatives and the City Clerk, are authorized and directed to undertake all
action necessary for the prompt execution and delivery of the Bonds of a series to the
Underwriter and further to execute all closing certificates and documents required to effect the
closing and delivery of the Bonds of a series in accordance with the terms of the Certificate of
Award. Such documents may include, but are not limited to, documents related to a municipal
bond insurance policy delivered by an insurer to insure the payment when due of the principal
of and interest on all or a portion of a series of Bonds as provided therein, if such insurance is
determined by a Designated Representative to be in the best interest of the City.
Section 13. Preliminary and Final Official Statements. Each Designated
Representative is hereby authorized to deem final the preliminary Official Statement relating to
a series of Bonds for the purposes of the Rule. Each Designated Representative is further
authorized to approve for purposes of the Rule, on behalf of the City, the final Official
Statement relating to the issuance and sale of a series of Bonds and the distribution of the final
Official Statement in accordance with the Rule with such changes, if any, as may be deemed by
him or her to be appropriate.
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Section 14. Undertaking to Provide Ongoing Disclosure. The City covenants to
execute and deliver at the time of Closing of a series of Bonds a Continuing Disclosure
Certificate. Each Designated Representative is hereby authorized to execute and deliver a
Continuing Disclosure Certificate upon the issuance, delivery and sale of a series of Bonds with
such terms and provisions as such officer shall deem appropriate and in the best interests of
the City.
Section 15. Lost, Stolen or Destroyed Bonds. In case any Bonds are lost, stolen or
destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like series,
amount, date and tenor to the Registered Owner thereof if the Registered Owner pays the
expenses and charges of the Bond Registrar and the City in connection therewith and files with
the Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were
actually lost, stolen or destroyed and of his or her ownership thereof, and furnishes the City
and the Bond Registrar with indemnity satisfactory to both.
Section 16. Severability; Ratification. If any one or more of the covenants or
agreements provided in this ordinance to be performed on the part of the City shall be declared
by any court of competent jurisdiction to be contrary to law, then such covenant or covenants,
agreement or agreements, shall be null and void and shall be deemed separable from the
remaining covenants and agreements of this ordinance and shall in no way affect the validity of
the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the authority
granted in this ordinance but prior to its effective date are hereby ratified and confirmed.
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Section 17. Payments Due on Business Days. If an interest and/or principal payment
date for the Bonds is not a business day, then payment shall be made on the next business day
and no interest shall accrue for the intervening period.
Section 18. Corrections by Clerk. Upon approval of the City Attorney and Bond
Counsel, the City Clerk is hereby authorized to make necessary corrections to this ordinance,
including but not limited to the correction of clerical errors; references to other local, State or
federal laws, codes, rules, or regulations; ordinance numbering and section/subsection
numbering; and other similar necessary corrections.
Section 19. Effective Date. This ordinance shall be effective upon its passage,
approval, and thirty (30) days after publication.
PASSED by the City Council this 11th day of February, 2019.
Jason A. Seth, CIVIC, City Clerk
APPROVED BY THE MAYOR this 11th day of February, 2019.
Denis Law, Mayor
Approved as to form:
Pacifica Law Group LLP
Bond Counsel
Date of Publication:
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091
Exhibit A
Form of Bond
[DTC LANGUAGE]
UNITED STATES OF AMERICA
STATE OF WASHINGTON
CITY OF RENTON
LIMITED TAX GENERAL OBLIGATION BOND, 2019[(Taxable)]
INTEREST RATE: % MATURITY DATE: CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Renton, Washington (the "City"), hereby acknowledges itself to owe and for
value received promises to pay to the Registered Owner identified above, or registered assigns,
on the Maturity Date identified above, the Principal Amount indicated above and to pay
interest thereon from , 20_, or the most recent date to which interest has been
paid or duly provided for until payment of this bond at the Interest Rate set forth above,
payable on 1, 20_, and semiannually thereafter on the first days of each
succeeding and . Both principal of and interest on this bond are
payable in lawful money of the United States of America. The fiscal agent of the State of
Washington has been appointed by the City as the authenticating agent, paying agent and
registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue
are held in fully immobilized form, payments of principal thereof and interest thereon shall be
made as provided in accordance with the operational arrangements of The Depository Trust
Company ("DTC') referred to in the Blanket Issuer Letter of Representations (the "Letter of
Representations") from the City to DTC.
The bonds of this issue are issued under and in accordance with the provisions of the
Constitution and applicable statutes of the State of Washington and Ordinance No. , duly
passed by the City Council on , 2019 (the "Bond Ordinance"). Capitalized terms
used in this bond have the meanings given such terms in the Bond Ordinance.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon
shall have been manually signed by or on behalf of the Bond Registrar or its duly designated
agent.
A-1
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This bond is one of an authorized issue of bonds of like series, date, tenor, rate of
interest and date of maturity, except as to number and amount in the aggregate principal
amount of $ and is issued pursuant to the Bond Ordinance to provide a portion of
the funds necessary to pay the costs of certain public improvements meeting the requirements
of RCW 39.104.020 and to pay costs of issuance.
The bonds of this issue are subject to redemption prior to their stated maturities as
provided in the Certificate of Award.
The City has irrevocably covenanted and agreed for as long as the bonds of this issue are
outstanding and unpaid that each year it shall include in its budget and levy an ad valorem tax
upon all the property within the City subject to taxation in an amount that will be sufficient,
together with all other revenues and money of the City legally available for such purposes, to
pay the principal of and interest on the bonds of this issue as the same shall become due.
The City has irrevocably pledged that the annual tax provided for to be levied for the
payment of such principal and interest shall be within and as a part of the property tax levy
permitted to cities without a vote of the electorate, and that a sufficient portion of each annual
levy to be levied and collected by the City prior to the full payment of the principal of and
interest on the bonds of this issue will be and is hereby irrevocably set aside, pledged and
appropriated for the payment of the principal of and interest on the bonds of this issue. The
full faith, credit and resources of the City have been irrevocably pledged for the annual levy and
collection of such taxes and for the prompt payment of the principal of and interest on the
bonds of this issue when due.
The City has further irrevocably pledged all Local Option Sales and Use Tax Revenues to
the portion of the bonds of this issue allocable to the Improvements. The City further
covenanted to impose the Local Option Sales and Use Tax, collect the Local Option Sales and
Use Tax Revenues under and in accordance with RCW 82.14.505 and RCW 82.14.510, and apply
Local Option Sales and Use Tax Revenues to pay debt service on the portion of the bonds of this
issue allocable to the Improvements. In the event that the Bonds are combined with other
limited tax general obligation bonds of the City and sold as a single series, the Local Option
Sales and Use Tax Revenues shall be pledged to the portion of the combined series of bonds
allocable to the Improvements.
It is hereby certified that all acts, conditions and things required by the Constitution and
statutes of the State of Washington to exist and to have happened, been done and performed
precedent to and in the issuance of this bond exist and have happened, and have been done
and performed and that the issuance of this bond and the bonds of this issue does not violate
any constitutional, statutory or other limitation upon the amount of bonded indebtedness that
the City may incur.
IN WITNESS WHEREOF, the City of Renton, Washington, has caused this bond to be
executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of
the City to be imprinted, impressed or otherwise reproduced hereon as of this day of
A-2
10018 00013ia08ep42ck
AGENDA ITEM # 9. c)
[SEAL]
ATTEST:
20
manual or facsimile
City Clerk
CITY OF RENTON, WASHINGTON
By /s/ manual or facsimile
Mayor
The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the
following form:
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This bond is one of the bonds described in the within -mentioned Bond Ordinance and is
one of the Limited Tax General Obligation Bonds, 2019, of the City of Renton, Washington,
dated 12019.
WASHINGTON STATE FISCAL AGENT, as
Bond Registrar
A-3
10018 00013ia08ep42ck
AGENDA ITEM # 9. c)
CERTIFICATE
I, the undersigned, City Clerk of the City Council of the City of Renton, Washington
(the "City"), DO HEREBY CERTIFY:
1. The attached copy of Ordinance No. (the "Ordinance") is a full,
true and correct copy of an ordinance duly passed at a regular meeting of the City Council of
the City held at the regular meeting place thereof on as that ordinance
appears in the minute book of the City; and the Ordinance will be in full force and effect after
its passage and publication as provided by law; and
2. That said meeting was duly convened and held in all respects in accordance with
law, and to the extent required by law, due and proper notice of such meeting was given; that a
legal quorum was present throughout the meeting and a legally sufficient number of members
of the Council voted in the proper manner for the passage of said Ordinance; and that all other
requirements and proceedings incident to the proper passage of said Ordinance have been fully
fulfilled, carried out and otherwise observed.
3. That Ordinance No. has not been amended, supplemented or
rescinded since its passage and is in full force and effect and that I am authorized to execute
this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand this day of 12019.
City Clerk
10018 00013ia08ep42ck
AGENDA ITEM # 9. d)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING
CERTAIN TERRITORY TO THE CITY OF RENTON (WOLF WOODS
ANNEXATION; FILE NO. A-17-002).
WHEREAS, under the provisions of RCW 35A.14.120, as amended, a written
annexation petition was presented and filed with the City Clerk on or about July 24, 2017;
and
WHEREAS, prior to the filing and circulation of the petition for annexation to the
City of Renton, pursuant to RCW 35A.14.120, the petitioning parties, comprised of property
owners of not less than ten percent (10%) in value, according to the assessed valuation for
general taxation of the area to be annexed, notified the City Council of their intention to
commence the direct petition for annexation proceedings; and
WHEREAS, after a public meeting, it was determined that the petitioning owners
agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory
including the applicable zoning regulation relating thereto; and
WHEREAS, the King County Department of Assessments examined and verified the
signatures on the petition for annexation on or about April 5, 2018, and determined that
the signatures represent at least sixty percent (60%) of the assessed value (excluding
streets) of the area to be annexed, as required by RCW 35A.14.120; and
WHEREAS, the Department of Community and Economic Development of the City
of Renton considered and recommended that the City of Renton annex the properties; and
1
AGENDA ITEM # 9. d)
101MM MOM
WHEREAS, consistent with RCW 35A.14.130, the City Council set June 24, 2018, in
the City Council Chambers, City Hall, as the time and place for a public hearing on the
petition with notice as required by law; and
WHEREAS, pursuant to notice, the public hearing was held at the time and place
specified, and the City Council considered all matters in connection with the petition and
determined that all legal requirements and procedures applicable to the RCW 35A.14.120
petition method for annexation have been met; and
WHEREAS, a "Notice of Intention," including all required information for review of
the annexation, was transmitted to the King County Boundary Review Board and approved
as of October 29, 2018;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All requirements of the law in regard to the annexation by petition
method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It
is further determined that the petition for annexation to the City of Renton of the property
and territory described below is hereby approved and granted; the following described
property being contiguous to the city limits of the City of Renton is hereby annexed to the
City of Renton, and such annexation to be effective on and after the approval, passage, and
thirty (30) days after publication of this ordinance; and on and after said date the property
shall constitute a part of the City of Renton and shall be subject to all its laws and
ordinances then and thereafter in force and effect; the property being described as follows:
2
AGENDA ITEM # 9. d)
,.:. ►e►.ra►ral
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
herein
[The proposed 8-acre Wolf Woods Annexation is located at the northeastern
portion of the City limits. It is bordered by Northeast 20t" to the north, Nile
Avenue Northeast to the east, a parcel line in proximity of Northeast 18t" St
(if extended), and a parcel line near Ilwaco Avenue Northeast to the west.
The boundaries to the north, south, and west are coterminous with existing
City limits.]
and the owners of the property within the annexation shall be subject to the City's
Comprehensive Plan and Zoning Code.
SECTION II. This ordinance shall be effective upon its passage, approval, and
thirty (30) days after publication of a summary of this ordinance in the City's official
newspaper. The summary shall consist of this ordinance's title.
A certified copy of this ordinance shall be filed with the King County Council, State
of Washington, and as otherwise provided by law.
PASSED BY THE CITY COUNCIL this day of 12019.
Jason Seth, City Clerk
APPROVED BY THE MAYOR this day of 12019.
Denis Law, Mayor
3
AGENDA ITEM # 9. d)
C9:I ►e►Oraffie1
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2054:1/2/19:scr
AGENDA ITEM # 9. d)
,.:. ►e►.ra►ra
EXHIBIT "A"
Wolf Woods Annexation
Lots 1, 2, 3, and 4 of King County Short Plat Number S91S0034, Recorded under Auditor's file number
199711209002, King County Records, King County Washington.
Together with Lots A and B of King County Boundary Line Adjustment Number LOSL0038, Recorded
under Auditors file number 20080826900005, King County Records, King County Washington.
Containing 354,765 square feet [8.114 acres] more or less.
5
Wolf Woods Annexation
Exhibit 1. Vicinity
Annexation Boundary
Pa reels
Cray Limits
AGENDA ITEM # 9. e)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE
ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF
RENTON FROM R-4 (URBAN RESIDENTIAL 4 DWELLING UNITS PER ACRE, KING
COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER
ACRE, CITY OF RENTON ZONING) (WOLF WOODS ANNEXATION, FILE NO. A-17-
002).
WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of
Title IV (Development Regulations) of the Renton Municipal Code, as amended, and the maps
and reports adopted in conjunction therewith, the property hereinbelow described has not been
zoned in the City of Renton; and
WHEREAS, property owners petitioned the City of Renton for annexation and concurrent
rezoning, which annexation having previously been approved and ordinance adopted which will
annex the property to the City of Renton, and the City having held two public hearings in the
matter of zoning, the first hearing being held on June 24, 2018, and the second hearing being
held on January 14, 2019, and the zoning being in conformity with the City's Comprehensive Plan,
as amended, and the City Council duly considered all matters relevant thereto, and all parties
were heard appearing in support or in opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The following described property in the City of Renton is hereby zoned to
R-4. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended
to evidence the rezoning and the Administrator of the Community and Economic Development
1
AGENDA ITEM # 9. e)
ORDINANCE NO.
Department is hereby authorized and directed to change the maps of the zoning ordinance, as
amended, to evidence the rezoning, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein.
[The property is located at the northeastern portion of the City limits. It is
bordered by Northeast 20t" to the north, Nile Avenue Northeast to the east, a
parcel line in proximity of Northeast 18t" St (if extended), and a parcel line near
Ilwaco Avenue Northeast to the west. The boundaries to the north, south, and
west are coterminous with existing City limits.]
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30)
days after publication of a summary of this ordinance in the City's official newspaper. The
summary shall consist of this ordinance's title.
PASSED BY THE CITY COUNCIL this day of 12019.
APPROVED BY THE MAYOR this
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2055:1/3/19:scr
Jason Seth, City Clerk
day of , 2019.
Denis Law, Mayor
2
ORDINANCE NO.
AGENDA ITEM # 9. e)
EXHIBIT "A"
Wolf Woods Zoning
Lots 1, 2, 3, and 4 of King County Short Plat Number S91S0034, Recorded under Auditor's file number
199711209002, King County Records, King County Washington.
Together with Lots A and B of King County Boundary Line Adjustment Number 1-081-0038, Recorded
under Auditor's file number 2008C826900005, King County Records, King County Washington.
Containing 354,765 square feet (8.114 acres) more or less.
3
Wolf Woods
Annexation Area
Exhibit A
Renton Zoning
Annexation Boundary
Parcels
City Limns
Proposed Ioning
- Residential - d fill/AC
o 2M aw
S,.-- Cr, d RrrA 2019
LIR