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Home My WebLink AboutCouncil 08/02/2010AGENDA RENTON CITY COUNCIL REGULAR MEETING August 2, 2010 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.PROCLAMATIONS a. National Night Out 2010 ‐ August 3, 2010 b. Budkis Day ‐ August 8, 2010 4.SPECIAL PRESENTATION a. Fire & Emergency Services Department ‐ Citizen Recognition 5.ADMINISTRATIVE REPORT 6.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one‐half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 7.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 7/19/2010. Council concur. b. Mayor Law appoints the following individuals to the Library Advisory Board: Catherine Ploue‐ Smith, for a term expiring 9/1/2011; Suzi Ure, for a term expiring 9/1/2012; Erica Richey, for a term expiring 9/1/2013; Jason Oleston, for a term expiring 9/1/2014; and Laurie Beden, for a term expiring 9/1/2015. Refer to Community Services Committee. c. City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s estimate $95,090.00; and submits staff recommendation to award the contract to the low bidder, Hoffman Construction, Inc., in the amount of $71,978.05. Council concur. d. City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; engineer’s estimate $40,296; and submits staff recommendation to award the contract to the low bidder, Sierra Pacific Construction, LLC, in the amount of $31,207.50. Council concur. Page 1 of 206 e. Community and Economic Development Department requests approval to award $75,000 from the Housing Opportunity Fund to the Habitat for Humanity of East King County to support the development and construction of the La Fortuna Phase I affordable home ownership project. Refer to Planning and Development Committee. f. Community and Economic Development Department recommends directing the Planning Commission to hold the two required public hearings regarding prezoning of the Fairwood Potential Annexation Area. Refer to Planning and Development Committee and Planning Commission. g. Community Services Department recommends approval of a golf course fee waiver in the amount of $11,600 for the Renton, Lindbergh, Hazen, and Liberty High Schools' 2010 golf season. Refer to Finance Committee. h. Community Services Department recommends approval of a shelter rental fee waiver in the amount of $300 for an Eastside Domestic Violence Program sponsored fundraiser. Refer to Finance Committee. i. Executive Department recommends adoption of a resolution declining to place the issue of West Hill annexation bedfore voters in the area. Refer to Committee of the Whole. j. Finance and Information Services Department requests approval to change the department title to the Finance and Information Technology Department. Council concur. (See 9.a. for ordinance.) k. Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Department of Homeland Security Emergency Management Performance Grant funds in the amount of $121,546, to support the emergency management program. Council concur. l. Transportation Systems Division recommends approval of an addendum to airport lease LAG‐ 99‐002, with Pro‐Flight Aviation, Inc. to increase the total ground lease rate per appraisal to $22,068.90 annually through 7/31/2013. Council concur. m. Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Committee. n. Utility Systems Division submits CAG‐09‐173, 126th Ave. SE Utility project, and requests approval of the project, final pay estimate in the amount of $1,533, commencement of a 60‐ day lien period, and release of retained amount of $23,119.43 to Rodarte Construction, Inc., contractor, if all required releases are obtained. Council concur. o. Utility Systems Division submits CAG‐09‐157, 2009 Pump Station Electrical Upgrades project, and requests approval of the project, final pay estimate in the amount of $946.93, commencement of a 60‐day lien period, and release of retained amount of $3,833.10 to EC Company, contractor, if all required releases are obtained. Council concur. p. Utility Systems Division recommends approval to accept $226,076 from the King County Solid Waste Division's 2010‐2011 Waste Reduction and Recycling Grant program to implement various recycling events and programs. Council concur. (See 9.a. for resolution.) 8.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers; Lake Washington Trail Project Bid Opening; 2nd Quarter 2010 Budget Amendments*; Quendall Terminals EIS Contract with Blumen Consulting Group Page 2 of 206 b. Public Safety Committee: New Minimum Standards for the International Property Maintenance Code*; Unfit Building Regulations Amendments* c. Utilities Committee: Utilities Rate Plan Projection; Classic Concepts Latecomer Request 9.RESOLUTIONS AND ORDINANCES Resolution: a. Waste Reduction and Recycling (WRR) grant agreement with King County Solid Waste Division (See 7.p.) Ordinances for first reading: a. Changing the title of the Finance and Information Systems Department to the Finance and Information Technology Department (See 7.j.) b. Amending the 2010 Budget (See 8.a.) c. Adopting New Minimum Maintenance Standards for the International Property Maintenance Code (See 8.b.) d. Amending Unfit Building Regulations (See 8.b.) 10.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 11.AUDIENCE COMMENT 12.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) * 7TH FLOOR CONFERENCING CENTER * August 2, 2010 Monday, 6:00 p.m. West Hill Annexation Election • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 3 of 206 3a. ‐ National Night Out 2010 ‐ August 3, 2010 Page 4 of 206 3b. ‐ Budkis Day ‐ August 8, 2010 Page 5 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Appointments to Library Advisory Board Meeting: Regular Council - 02 Aug 2010 Exhibits: Applications for Boards/Commissions/Committees Submitting Data: Dept/Div/Board: Executive Staff Contact: Denis Law, Mayor Recommended Action: Refer to Community Services Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Mayor Law appoints the following to the Library Advisory Board: Catherine Ploue-Smith, 402 S. Tobin Street, Renton, WA 98057, for a term expiring September 1, 2011. Suzi Ure, 1500 S. 18th Street, S-202, Renton, WA 98055, for a term expiring September 1, 2012. Erica Richey, 2702 Jones Avenue NE, Renton, WA 98056, for a term expiring September 1, 2013. Jason Oleston, 4751 Shattuck Place S, A-101, Renton WA 98055, for a term expiring September 1, 2014. Laurie Beden, 1140 N. 27th Place, Renton, WA 98056, for a term expiring September 1, 2015. STAFF RECOMMENDATION: Confirm Mayor Law's appointments of Ms. Ploue-Smith, Ms. Ure, Ms. Richey, Mr. Oleston, and Ms. Beden to the Library Advisory Board. 7b. ‐ Mayor Law appoints the following individuals to the Library Advisory Board: Catherine Ploue‐Smith, for a term expiring 9/1/2011; Page 6 of 206 7b. ‐ Mayor Law appoints the following individuals to the Library Advisory Board: Catherine Ploue‐Smith, for a term expiring 9/1/2011; Page 7 of 206 7b. ‐ Mayor Law appoints the following individuals to the Library Advisory Board: Catherine Ploue‐Smith, for a term expiring 9/1/2011; Page 8 of 206 7b. ‐ Mayor Law appoints the following individuals to the Library Advisory Board: Catherine Ploue‐Smith, for a term expiring 9/1/2011; Page 9 of 206 7b. ‐ Mayor Law appoints the following individuals to the Library Advisory Board: Catherine Ploue‐Smith, for a term expiring 9/1/2011; Page 10 of 206 7b. ‐ Mayor Law appoints the following individuals to the Library Advisory Board: Catherine Ploue‐Smith, for a term expiring 9/1/2011; Page 11 of 206 7b. ‐ Mayor Law appoints the following individuals to the Library Advisory Board: Catherine Ploue‐Smith, for a term expiring 9/1/2011; Page 12 of 206 7b. ‐ Mayor Law appoints the following individuals to the Library Advisory Board: Catherine Ploue‐Smith, for a term expiring 9/1/2011; Page 13 of 206 7b. ‐ Mayor Law appoints the following individuals to the Library Advisory Board: Catherine Ploue‐Smith, for a term expiring 9/1/2011; Page 14 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Bid opening July 20, 2010, for CAG-10-084, Union Ave. NE / Duvall Ave. NE Storm System Repair Project Meeting: Regular Council - 02 Aug 2010 Exhibits: Staff Recommendation Bid Tabulation Sheet (13 bids) Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie Walton Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ 71,978.05 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Engineer's Estimate: $95,090.00 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within project budget, and there were no significant irregularities with the low bid. Therefore, staff recommends acceptance of the low bid submitted by Hoffman Construction, Inc. in the amount of $71,978.05. STAFF RECOMMENDATION: Accept the low bid submitted by Hoffman Construction, Inc. and award the contract in the amount of $71,978.05. 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 15 of 206 PUBLIC WORKS DEPARTMENT City of w®ia© MEMORANDUM DATE- TO: FROM: SUBJECT: ^^OF RENTON *I 2 2 2010 /At July 21, 2010 Bonnie Walton, City Clerk Ron Straka, Surface Water Utility Engineering Supervisor, CiTY CLERK-SQFFI x7248 Union Ave NE / Duvall Ave NE Storm System Repair Project, SWP-27-3146, 3350 Construction Bid Award Recommendation CE The bid opening for the Union Ave NE / Duvall Ave NE Storm System Repair Project, SWP-27-3146, 3350, was held on July 20, 2010, at 2:30 p.m. Thirteen (13) bids were received. The engineer's estimate for the project construction cost was $95,090.00. The apparent low bid for the project is $71,978.05 (including sales tax) from Hoffman Construction, Inc. The Surface Water Utility reviewed the low bid for completeness, inclusion of all required forms, bid bond, acknowledgments of addenda, and mathematical correctness of the bid. All the paperwork for the low bid is in order. Three bidders had minor math errors in their bids and were corrected as follows: Bidder PGH Excavating, Inc R.L. Alia Company B&B Utilities & Excavating Original Amount $88,787.15 $96,458.57 $117,016.00 Corrected Amount $88,852.01 $96,430.97 $115,151.00 The low bid meets the following conditions for award: 1. The low bid must be within the total project budget; 2. There must be more than one bidder; and 3. The lowest, responsible, responsive bid contains no significant irregularities. There are sufficient funds in the approved 2010 Capital Improvements Program (CIP) budget Small Drainage Project Program account (427.475015) to fund construction of the Union Ave NE/Duvall Ave NE Storm System Repair Project. The Surface Water Utility, therefore, recommends that this item be placed on the August 2, 2010 consent agenda for Council concur. Staff further recommends that 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 16 of 206 Ms Walton Page 2 of 2 July 21, 2010 Council award the construction contract to the lowest responsive, responsible bidder, Hoffman Construction, Inc., in the amount of $71,978.05. Attached for your reference, is the bid tabulation showing the engineer's estimate, the low bid, and the other bids submitted. We are returning the bid envelopes and the bid documents from the other bidders to you for the City Clerk's files. Please contact me or Daniel Carey at ext. 7293, if you have any questions. Attachments Gregg Zimmerman, Public Works Administrator Lys Hornsby, Utility Systems Division Director Daniel Carey, Surface Water Utility Civil Engineer h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3350 union ave-duvall ave\1000-l corrspd city\100721 clerk-bid-award-union-duvall.doc\DCtp 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 17 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Description SCHED. A - DUVALL AVE Mobilization Construction Surveying, Staking, and, Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Dispose of Day Care Sign, C Relocate Daycare Sign and Mail Box Protect, or Remove and Reinstall, Jun 36-Inch Dia. CPEP Storm Pipe 8-Inch Dl Dia. Storm Pipe Catch Basin - Concrete Inlet Core Drill for New 8-Inch Pipe Connect New 36-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev InstalLCement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Driveway Typ Restoration, Sod, Gravel, Topsoil, Bes Restoration Minor Changes - Continued - Unit LS LS LS LS LS LS LS LS LS LS LF LF EA EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS LS LS Est. Quantity 1 1 1 1 1 1 1 1 1 1 69 15 1 1 2 54 15 280 250 50 30 4 82 35 26 1 1 1 »air Project Engineers Unit Price 4,500.00 2,000.00 4,000.00 1,000.00 1,000.00 1,000.00 500.00 1,000.00 1,000.00 5,000.00 100.00 80.00 1,000.00 400.00 1,000.00 20.00 25.00 2.50 15.00 . 25.00 180.00 30.00 40.00 80.00 80.00 1,000.00 2,000.00 3,000.00 Sched. A Estimate Bid Amount 4,500.00 2,000.00 4,000.00 1,000.00 1,000.00 1,000.00 500.00 1,000.00 1,000.00 5,000.00 6,900.00 1,200.00 1,000.00 400.00 2,000.00 1,080.00 375.00 700.00 3,750.00 1,250.00 5,400.00 120.00 3,280.00 2,800.00 2,080.00 1,000.00 2,000.00 3,000.00 59,335.00 vxmM ;^Hoffman^.^iii;S& :;; Constructipr •rftSjr^||ft|i; t^;Rnce!-fl::-§'?;; ;||i4po.Sg;|;i|;| lioobjoo;;!;!:! ;:T:;bpO;bo]ii;l; ;|:;:4pp;(p||||| ]i;56abp|l||| illb^Dplllll !!l3od:bo7if;fSl lllQp.QbY|p:|i ill25p;pS?|l| :^lp50:00f r!§;| !fK$5Mipif ;;|;H:|lil|i;l ii'^iplpjlliii ";i:|44b;bgj|i|;; |;[312.5Plii:if ||i:S9:bp-p;|| il|;32:35::/lfi::| ;i|ii::i£|:;vl l!!?i3^p:^i;;':l |§:;l&ppM|)A vmMw'm^ |!::¥"36:25yli:; |if0p31P !!;;58.86;:§li! llPpMliil? ||l635:P0;;|:;::;:;:;; -;|5bS;bM||:i|l ^000:00 WXi ^\r\<yBMS:- llBidliili Amount ::!:3,400;pp| :;;:i]bgibbt; |l;pbp;bo|; lipP.pbj: Ii5pp:ob| ^i^pjba-; :v::::3babb", : |;;4pb:bQ::: :;|||5p:bb;: |i:|5p;pp:;; :|f§|b:55|: i:;;:|;8Sb;Spl l:i|7bp!pp:5 s|;:44b:bp'; MMsM:: ;;|j566:bo:; IIIPP;.; ||i08;PP.J ||i75,p0^ ^i;|p0.bpV •;::5;;|l2M;: ||||5:poji: H:27599:40;":i: |^p6o.-i;o|i |;2;P93;pbl r";||35;bb| [j;M(M§(§ 3,000.00 39,013.80 Bid Tab Union-Duvall-v04 FINAL.XLS Page 1 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 18 of 206 Project: Bid Date Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By: Union Ave NE / Duvall Ave NE Storm System Repair Project July 20, 2010 Unit Description SCHED. A - DUVALL AVE SCHEDULE B - UNION AVE 0 Mobilization Construction Surveying, Stakeing, anc Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Restore Wood Sign and Fer Remove, Restore Landscaping, Planti Clearing Remove Tree 24-Inch Dia. CPE Storm Pipe Catch Basin, Type 2, 48-inch Type 2,! Connect New 24-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Sidewalk Rat Restoration LS LS LS LS LS LS LS LS LS LS LS LF EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS Minor Changes LS Sales Tax Rule 171 Applies (tax included in Bid D^f dj J-2I-/0 Daniel Carey, Prc/ect Manager Est. Quantity 1 1 1 1 1 1 1 1 1 1 1 60 1 1 65 15 170 25 12 12 20 46 3 18 1 1 Items) Engineers Unit Price 2,500.00 1,500.00 4,000.00 800.00 1,000.00 500.00 500.00 1,500.00 1,000.00 1,000.00 500.00 80.00 2,800.00 500.00 20.00 25.00 2.50 15.00 25.00 180.00 30.00 40.00 80.00 80.00 1,500.00 2,000.00 Sched. B Sched. A Total Estimate Bid Amount 2,800.00 1,500.00 4,000.00 ' 800.00 1,000.00 500.00 500.00 1,500.00 1,000.00 1,000.00 500.00 4,800.00 2,800.00 500.00 1,300.00 375.00 425.00 375.00 300.00 2,160.00 600.00 1,840.00 240.00 1,440.00 1,500.00 2,000.00 $35,755.00 $59,335.00 $95,090.00 r-S:;;^:: Hoffman; ^'Sl'^J^t-;: ^Construction, Incili;; ;»:;vPfjce:MS £625;0b:;;; " "885;00'M M^emMjM !;|;;:22b;pb|L; ||:|550.|b|::i |l:4b0.ba-:S 3Mti.00:M: :/:-;5Mm(:g |::;|2p5]bl|| :ii!lpJ-Pb*| %Kfbb;b0;f;: | ;i;26;iSr;;;; S:2,915;bb:;::; lg3io:bp;::|; 'M;WmB ^25.6^§i ^MMMM v;|:;|^2bl* ":pp9.20;\::: yi^Rilp;-::; w^MMB is|;::i;32.6b;::;if ||p3;bol|:: •llllliPIl ;1:Jb25.bO:;;P;: :j2,pbb.bo : K: Sched. B Sched. A Total i'^^Ambuhii'v:?-1; !i|:2;6j5;bai; ;:!il:;:885;;boi i:||||i66b;ppS; ::§Ill2200b| i:J;l;p;;|55b;bbl MBMW0Q: WMM^-Q0^- Ji^lllppM; y|;||!pf;ppt i:||:|;l:5ob:pb;;; '!ip-;!bp!pbl f|iil56D3pb| ;^:!;;|.915.P0:: S'ilsliplbb,:; Wl^35;W} :C:;y;p384.7;5i: ^0^Mm:dgi |;::::;;:;"78b:pbV :M\ 1350.40^ |fl;£62|:20| i;;fll725;bS;; ;:Uii|:i99:60" M:i:l!j:;|69ip0;; ;;i|;;y;|ip;3Q:; ;3||:l;,b25::p0;::. ||f^ppp.ppt $32,964.25 $39,013.80 $71,978.05 Bid Tab Union-Duvall-v04 FINAL.XLS Page 2 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 19 of 206 Project: Bid Date Item No. 1 2 3 4 5 6 7 8 9 .10 11 12 13 14 • 15 16 17 18 19 20 21 2.2 23 24 25 26 27 28 Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Description SCHED. A - DUVALL AVE Mobilization Construction Surveying, Staking, and , Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Dispose of Day Care Sign, C Relocate Daycare Sign and Mail Box Protect, or Remove and Reinstall, Jun 36-lnch Dia. CPEP Storm Pipe 8-Inch Dl Dia. Storm Pipe Catch Basin - Concrete Inlet Core Drill for New 8-lnch Pipe Connect New 36-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Driveway Typ Restoration, Sod, Gravel, Topsoil, Bej Restoration Minor Changes - Continued - Unit LS LS LS LS LS LS LS LS LS LS LF LF EA - EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS LS LS Est. Quantity 1 1 1 1 1 1 1 1 1 1 69 15 1 1 2 54 15 280 250 50 30 4 82 35 26 1 1 1 ) Northwest Unit Price 3,450.00 1,400.00 950.00 800.00 500.00 150.00 925.00 1,450.00 1,225.00 775.00 113.00 50.00 850.00 500.00 625.00 15.00 31.00, 1.50 5.00 15.00 155.OP 28.PP 28.5P 87.PP 94.PP 1,300.00 2,900.00 3,000.00 Cascade, Inc. Bid Amount 3,450.00 1,400.00 950.00 800.00 500.00 150.00 925.00 1,450.00 1,225.00 775.00 7,797.00 750.00 850.00 500.0P 1,25P.P0 810.00 465.00 420.00 1,250.00 750.00 4,650.00 112.00 2,337.00 3,045.00 2,444.00 1,300.00 2,900.00 3,000.00 46,255.00 Fury Construction, Inc. Unit Price 2,000.00 850.00 1,600.00 500.00 200.00 500.00 800.00 1,000.00 800.00 1,600.00 105.00 50.00 900.00 300.00 800.00 25.00 35.00 • 2.00 12.00 30.00 170.00 50.00 30.00 92.00 105.00 800.00 1,200.00 3,000.00 Bid Amount 2,000.00 850.00 1,600.00 500.00 200.00 500.00 800.00 1,000.00 800.00 1,600.00 7,245.00 750.00 900.00 300.00 1,600.00 1,350.00 525.00 560.00 3,000.00 1,500.00 5,100.00 200.00 2,460.00 3,220.00 2,730.00 800.00 1,200.00 3,000.00 46,290.00 Bid Tab Union-Duvall-v04 FlNAL.XLS Page 3 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 20 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Description SCHED. A-DUVALL AVE SCHEDULE B - UNION AVE 0 Mobilization Construction Surveying, Stakeing, anc Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Restore Wood Sign and Fer Remove, Restore Landscaping, Planti Clearing Remove Tree 24-Inch Dia. CPE Storm Pipe Catch Basin, Type 2, 48-inch Type 2, • Connect New 24-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Sidewalk Rar Restoration Unit LS LS LS LS LS LS LS LS LS LS LS LF EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS Minor Changes LS Sales Tax Rule 171 Applies (tax included in E Daniel Carey, Project Manager Est. Quantity 1 1 1 1 1 1 1 1 1 1 1 60 1 1 65 15 170 25 12 12 20 46 3 18 1 1 3id Items) Northwest Cascade, inc. Unit Price 2,825.00 1,400.00 2,100.00 225.00 500.00 150.00 500.00 2,750.00 725.00 625.00 625.00 75.00 3,250.00 600.00 15.00 31.00 1.50 11.00 15.00 175.00 27.00 28.50 155.00 155.00 625.00 2,000.00 Sched. B Sched. A Total Bid Amount 2,825.00 1,400.00 2,100.00 225.00 500.00 150.00 500.00 2,750.00 725.00 625.00 625.00 4,500.00 3,250.00 600.00 975.00 465.00 255.00 275.00 180.00 2,100.00 540.00 1,311.00 465.00 2,790.00 625.00 2,000.00 $32,756.00 $46,255.00 $79,011.00 Fury Construction, Inc. Unit Price 2,000.00 850.00 2,800.00 800.00 200.00 500.00 900.00 800.00 700.00 600.00 1,000.00 90.00 4,115.00 1,200.00 25.00 35.00 2.00 20.00 25.00 195.00 30.00 35.00 100.00 120.00 1,500.00 2,000.00 Sched. B Sched. A Total • Bid Amount 2,000.00 850.00 2,800.00 800.00 200.00 500.00 900.00 800.00 700.00 600.00 1,000.00 5,400.00 4,115.00 1,200.00 1,625.00 525.00 340.00 500.00 300.00 2,340.00 600.00 1,610.00 300.00 2,160.00 1,500.00 2,000.00 $35,665.00 $46,290.00 $81,955.00 Bid Tab Union-Duvali-v04 FINAL.XLS Page 4 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 21 of 206 Project: Bid Date Item No. 1 2 3 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Union Ave NE/ Duvall Ave NE Storm System Rep July 20, 2010 Unit Description SCHED. A - DUVALL AVE Mobilization Construction Surveying, Staking, and. traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Dispose of Day Care Sign, C Relocate Daycare Sign and Mail Box Protect, or Remove and Reinstall, Jun 36-Inch Dia. CPEP Storm Pipe 8-Inch Dl Dia. Storm Pipe Catch Basin - Concrete Inlet Core Drill for New 8-Inch Pipe Connect New 36-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Driveway Typ Restoration, Sod, Gravel, Topsoil, Be? Restoration Minor Changes - Continued - LS LS LS LS LS LS LS LS LS LS LF LF EA EA EA Ton Ton LF. SY Ton Ton SY LF SY SY LS LS LS Est. Quantity 1 1 1 1 1 1 1 1 1 1 69 15 1 1 2 54 15 280 250 50 30 4 82 35 26 1 1 1 ) Kamins Construction Unit Price 5,264.00 1,120.00 4,412.80 560.00 1,344.00 672.00 257.60 123.20 369.60 123.20 93.58 75.84 1,176.00 280.00 168.00 25.15 38.27 1.56 6.78 21.52 156.80 63.35 ' 20.16 33.60 49.28 616.00 616.00 3,000.00 Bid Amount 5,264.00 1,120.00 4,412.80 560.00 1,344.00 672.00 257.60 123.20 369.60 123.20 6,457.02 1,137.60 1,176.00 280.00 336.00 1,358.10 574.05 436.80 1,695.00 1,076.00 4,704.00 253.40 1,653.12 1,176.00 1,281.28 616.00 - 616.00 3,000.00 42,072.77 | PGH Excavating, Inc. Unit Price 3,449.25 876.00 2,135.25 766.50 1,040.25 328.50 1,314.00 582.54 985.50 1,346.85 98.55 77.01 1,018.35 876.00 799.35 17.52 24.45 1.36 4.38 17.52 153.30 27.37 32.68 68.34 81.78 492.75 1,204.50 3,000.00 Bid Amount 3,449.25 876.00 2,135.25 766.50 1,040.25 328.50 1,314.00 . 582.54' 985.50 1,346.85 6,799.95 1,155.15 1,018.35 876.00 1,598.70 946.08 366.75 380.80 1,095.00 876.00 4,599.00 109.48 2,679.76 2,391.90 2,126.28 492.75 1,204.50 3,000.00 44,541.09 Bid Tab Union-Duvall-v04 FINAL.XLS Page 5 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 22 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 8 9 10 11 • 12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 26 By Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Description SCHED. A-DUVALL AVE SCHEDULE B - UNION AVE 0 Mobilization Construction Surveying, Stakeihg, anc Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Restore Wood Sign and Fer Remove, Restore Landscaping, Planti Clearing Remove Tree 24-Inch Dia. CPE Storm Pipe Catch Basin, Type 2, 48-inch Type 2,' Connect New 24-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Sidewalk Rar Restoration Minor Changes Unit LS LS LS LS LS LS LS LS LS LS LS LF EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS LS Sales Tax Rule 171 Applies (tax included in Bid Daniel Carey, project Manager Est. Quantity 1 1 1 1 1 1 1 1 1 1 1 60 1 1 65 15 170 25 12 12 20 46 3 18 1 1 Items) Kamins Construction Unit Price 5,376.00 1,120.00 4,412.80 560.00 784.00 560.00 268.80 369.60 985.60 4,480.00 1,344.00 92.57 2,716.00 291.20 25.72 33.41 1.48 16.62 35.52 196.00 17.42 26.88 112.00 67.20 2,240.00 2,000.00 Sched. B Sched. A Total Bid Amount 5,376.00 1,120.00 4,412.80 560.00 784.00 560.00 268.80 369.60 985.60 4,480.00 1,344.00 5,554.20 2,716.00 291.20 1,671.80 501.15 251.60 415.50 426.24 2,352.00 348.40 1,236.48 336.00 1,209.60 2,240.00 2,000.00 $41,810.97 $42,072.77 $83,883.74 PGH Excavating, Inc. Unit Price 1,752.00 766.50 3,504.00 930.75 1,314.00 711.75 1,447.59 1,850.55 1,338.09 1,533.00 1,346.85 82.12 5,256.00 821.25 15.33 24.09 3.28 19.71 17.52 191.62 64.60 35.93 219.00 . 215.71 2,409.00 2,000.00 • Sched. B Sched. A Total Bid Amount 1,752.00 766.50 3,504.00 930.75 1,314.00 711.75 1,447.59 1,850.55 1,338.09 1,533.00 1,346.85 4,927.20 5,256.00 821.25 996.45 361.35 .557.60 492.75 210.24 2,299.44 1,292.00 1,652.78 657.00 3,882.78 2,409.00 2,000.00 $44,310.92 $44,541.09 $88,852.01 Bid Tab Uniort-Duvail-v04 FINAL.XLS Page 6 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 23 of 206 Project: Bid Date. Item No. 1 2 3 4 5 6 7 8 9 - 10 • 11 12 13 14 15 16 17 18 19 20 21 22 23 - 24 25 26 27 28 Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Description SCHED. A - DUVALL AVE Mobilization Construction Surveying, Staking, and. Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Dispose of Day Care Sign, C Relocate Daycare Sign and Mail Box Protect, or Remove and Reinstall, Jun 36-Inch Dia. CPEP Storm Pipe 8-Inch Dl Dia. Storm Pipe Catch Basin - Concrete Inlet Core Drill for New 8-Inch Pipe Connect New 36-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Driveway Typ Restoration, Sod, Gravel, Topsoil, Bej Restoration Minor Changes - Continued - Unit LS LS LS LS LS LS LS LS LS LS LF LF EA EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS LS LS Est. Quantity 69 15 2 54 15 280 250 50 30 4 82 35 26 1 1 1 BDZ Construction Unit Price 4,000.00 1,000.00 .1,000.00 1,000.00 500.00 500.00 700.00 500.00 2,500.00 500.00 150.00 95.00 950.00 450.00 750.00 24.00 55.00 4.00 15.00 24.00 150.00 90.00 26.00 38.00 53.00 . 500.00 1,500.00 3,000.00 Bid Amount 4,000.00 1,000.00 1,000.00 1,000.00 500.00 500.00 700.00 500.00 2,500.00 500.00 10,350.00 1,425.00 950.00 450.00 1,500.00 1,296.00 825.00 1,120.00 3,750.00 1,200.00 4,500.00 360.00 2,132.00 1,330.00 1,378.00 500.00 1,500.00 3,000.00 49,766.00 Slead LLC Unit Price 6,158.25 1,021.03 11,084.85 1,482.12 500.00 716.22 1,000.00 2,012.04 400.55 500.00 87.08 45.28 ' 765.38 362.25 211.14 13.32 16.44 3.00 15.79 25.68 144.90 88.49 18.63 31.05 45.54 1,500.00 1,500.00 3,000.00 Bid Amount 6,158.25 1,021.03 11,084.85 1,482.12 500.00 716.22 1,000.00 2,012.04 400.55 500.00 6,008.52 679.20 765.38 362.25 422.28 719.28 246.60 840.00 3,947.50 1,284.00 4,347.00 353.96 1,527.66 1,086.75 1,184.04 1,500.00 1,500.00 3,000.00 54,649.48 Bid Tab Union-Duvall-v04 FINAL.XLS Page 7 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 24 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Description SCHED. A - DUVALL AVE SCHEDULE B - UNION AVE 0 Mobilization Construction Surveying, Stakeing, anc Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Restore Wood Sign and Fer Remove, Restore Landscaping, Planti Clearing Remove Tree 24-Inch Dia. CPE Storm Pipe Catch Basin, Type 2, 48-inch Type 2,' Connect New 24-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Sidewalk Rat Restoration Minor Changes Unit LS LS LS LS LS LS LS LS LS LS LS LF EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS LS Sales Tax Rule 171 Applies (tax included in E Daniel Carey, Project Manager Est. Quantity 1 1 1 1 1 1 1 1 1 1 : 1 60 1 1 65 15 170 25 12 12 20 46 3 18 1 1 3rd Items) BDZ Construction Unit Price 3,000.00 700.00 3,000.00 250.00 500.00 500.00 600.00 1,500.00 2,500.00 1,000.00 500.00 95.00 4,500.00 ' 750.00 24.00 55.00 3.00 15.00 24.00 185.00 90.00 27.00 40.00 175.00 1,000.00 2,000.00 Sched. B Sched. A Total Bid Amount 3,000.00 700.00 3,000.00 250.00 500.00 500.00 600.00 1,500.00 2,500.00 1,000.00 500.00 5,700.00 4,500.00 750.00 1,560.00 825.00 510.00 375.00 288.00 2,220.00 1,800.00 1,242.00 120.00 3,150.00 1,000.00 2,000.00 $40,090.00 $49,766.00 $89,856.00 Slead LLC Unit Price 4,491.90 1,021.03 3,995.10 1,097.10 ' 500.00 716.22 238,05 575.46 1,500.00 600.00 207.00 87.49 3,208.08 326.03 13.55 33.62 3.00 28.48 28.90 181.13 51.91 24.84 103.50 62.10 1,800.00 2,000.00 Sched. B Sched. A Total Bid Amount 4,491.90 1,021.03 ' 3,995.10 1,097.10 500.00 716.22 238.05 575.46 1,500.00 600.00 207.00 5,249.40 3,208.08 326.03 880.75 504.30 510.00 712.00 346.80 2,173.56 1,038.20 1,142.64 310.50 1,117.80 1,800.00 2,000.00 $36,261.92 $54,649.48 $90,911.40 Bid Tab Union-Duvall-v04 FINAL.XLS Page 8 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 25 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Description SCHED. A - DUVALL AVE Mobilization Construction Surveying, Staking, and. Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Dispose of Day Care Sign, C Relocate Daycare Sign and Mail Box Protect, or Remove and Reinstall, Jun 36-Inch Dia. CPEP Storm Pipe 8-Inch Dl Dia. Storm Pipe Catch Basin - Concrete Inlet Core Drill for New 8-Inch Pipe Connect New 36-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Driveway Typ Restoration, Sod, Gravel, Topsoil, Bej Restoration Minor Changes - Continued - Unit LS LS LS LS LS LS LS LS LS LS LF LF EA EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS LS LS Est. Quantity 1 1 1 1 .1 1 1 1 1 1 69 15 1 1 2 54 15 280 250 50 30 4 82 35 26 1 1. 1 R.L. Alia Unit Price 4,300.00 10.00 4,000.00 200.00 10.00 250.00 2,000.00 2,000.00 2,000.00 500.00 79.23 135.00 500.00 500.00 5,000.00 10.00 10.00 3.50 3.75 20.00 140.00 25.00 24.39 42.86 57.69 1,000.00 4,000.00 3,000.00 Company Bid Amount 4,300.00 10.00 4,000.00 200.00 10.00 250.00 2,000.00 2,000.00 2,000.00 500.00 5,466.87 2,025.00 500.00 500.00 10,000,00 540.00 150.00 980.00 937.50 1,000.00 4,200.00 100.00 1,999.98 1,500.10 1,499.94 1,000.00 4,000.00 3,000.00 54,669.39 R.J. Lampers Construction Co Unit Price 700.00 1,500.00 900.00 200.00 700.00 1,500.00 600.00 500.00 500.00 100.00 261.00 80.00 750.00 350.00 300.00 13.00 17.00 3.00 12.00 35.00 180.00 30.00 28.00 45.00 64.00 700.00 700.00 3,000.00 , Inc. Bid Amount 700.00 1,500.00 900.00 200.00 700.00 1,500.00 600.00 500.00 500.00 100.00 18,009.00 1,200.00 750.00 350.00 600.00 702.00 255.00 840.00 3,000.00 1,750.00 5,400.00 120.00 2,296.00 1,575.00 1,664.00 700.00 700.00 3,000.00 50,111.00 Bid Tab Union-Duvall-v04 FINAL.XLS Page 9 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 26 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Description SCHED. A - DUVALL AVE SCHEDULE B - UNION AVE 0 Mobilization Construction Surveying, Stakeing, anc Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Restore Wood Sign and Fer Remove, Restore Landscaping, Planti Clearing Remove Tree 24-Inch Dia. CPE Storm Pipe Catch Basin, Type 2, 48-inch Type 2, < Connect New 24-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Sidewalk Rar Restoration Minor Changes Unit LS LS LS LS LS LS LS LS LS LS LS LF EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS LS Est. Quantity 1 1 1 1 1 1 1 1 1 1 1 . 60 1 1 65 15 170 25 12 12 20 46 3 18 1 1 Sales Tax Rule 171. Applies (tax included in Bid Items) Daniel Carey, Project Manager ) R.L. Alia Unit Price 4,300.00 10.00 2,500.00 500.00 10.00 250.00 2,000.00 , 2,000.00 2,000.00 1,500.00 500.00 91.66 2,000.00 4,000.00 10.00 15.00 3.53 80.00 20.00 175.00 75.00 32.00 35.00 166.66 800.00 2,000.00 Sched. B Sched. A Total Company Bid Amount 4,300.00 10.00 2,500.00 500.00 10.00 250.00 2,000.00 2,000.00 2,000.00 1,500.00 500.00 5,499.60 2,000.00 4,000.00 650.00 225.00 600.10 2,000.00 240.00 2,100.00 1,500.00 1,472.00 105.00 2,999.88 800.00 2,000.00 $41,761.58 $54,669.39 $96,430.97 R.J. Lampers Construction Co., Inc. Unit Price 200.00 200.00 2,500.00 150.00 700.00 3,500.00 700.00 700.00 800.00 1,000.00 300.00 245.00 5,150.00 350.00 15.00 100.00 4.00 20.00 60.00 230.00 30.00 35.00 50.00 185.00 1,000.00 2,000.00 Sched. B Sched. A Total Bid Amount 200.00 200.00 2,500.00 150.00 700.00 3,500.00 700.00 700.00 800.00 1,000.00 300.00 14,700.00 5,150.00 350.00 975.00 1,500.00 68.0.00 500.00 720.00 2,760.00 600.00 1,610.00 150.00 3,330.00 1,000.00 2,000.00 $46,775.00 $50,111.00 $96,886.00 Bid Tab Union-Duvall-v04 FINAL.XLS Page 10 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 27 of 206 Project: Bid Date Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Description SCHED. A - DUVALL AVE Mobilization Construction Surveying, Staking, and, Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Dispose of Day Care Sign, C Relocate Daycare Sign and Mail Box Protect, or Remove and Reinstall, Jun 36-Inch Dia. CPEP Storm Pipe 8-Inch Dl Dia. Storm Pipe Catch Basin - Concrete Inlet Core Drill for New 8-Inch Pipe Connect New 36-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Driveway Typ Restoration, Sod, Gravel, Topsoil, Bes Restoration Minor Changes - Continued - Unit LS LS LS LS LS LS LS LS LS LS LF LF EA EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS LS LS Est. Quantity 1 1 1 1 1 1 1 1 1 1 69 15 1 1 2 54 15 280 250 50 30 4 82 35 26 1 1 1 i P.l. Resources Unit Price 4,992.02 761.57 1,136.50 585.83 1,405.98 878.74 1,359.11 877.26 1,050.17 980.12 246.17 68.88 905.21 410.08 831.87 29.22 49.92 2.64 2.39 17.57 164.03 81.66 20.06 64.89 112.99 351.50 747.70 3,000.00 Bid Amount 4,992.02 761.57 1,136.50 585.83 1,405.98 878.74 1,359.11 877.26 1,050.17 980.12 16,985.73 1,033.20 905.21 410.08 1,663.74 1,577.88 748.80 739.20 597.50 878.50 4,920.90 326.64 1,644.92 2,271.15 2,937.74 351.50 747.70 3,000,00 55,767.69 Westwater Construction Co. Unit Price 4,000.00 1,000.00 5,500.00 1,500.00 500.00 500.00 400.00 1,000.00 1,000.00 500.00 145.00 130.00 325.00 300.00 80.00 15.00 18.00 5.00 15.00 15.00 225.00 200.00 40.00 80.00 170.00 1,050.00 1,600.00 3,000.00 Bid Amount 4,000.00 1,000.00 5,500.00 1,500.00 500.00 500.00 400.00 1,000.00 1,000.00 500.00 10,005.00 1,950.00 325.00 300.00 160.00 810.00 270.00 1,400.00 3,750.00 750.00 6,750.00 800.00 3,280.00 2,800.00 4,420.00 1,050.00 1,600.00 3,000.00 59,320.00 Bid Tab Union-Duvall-v04 FINAL.XLS Page 11 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 28 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Unit Description SCHED. A - DUVALL AVE SCHEDULE B - UNION AVE 0 Mobilization Construction Surveying, Stakeing, anc Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Restore Wood Sign and Fer Remove, Restore Landscaping, Planti Clearing Remove Tree 24-Inch Dia. CPE Storm Pipe Catch Basin, Type 2, 48-inch Type 2,' Connect New 24-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Sidewalk Rar Restoration Minor Changes LS LS LS LS LS LS LS LS LS LS LS LF EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS LS Sales Tax Rule 171 Applies (tax included in Bid V—f U^J i-ZI-10 Daniel Carey, Project Manager Est. Quantity 1 1 1 1 1 1 1 1 1 1 1 60 1 1 65 15 170 25 12 12 20 46 3 18 1 1 Items) ) P.I. Resources Unit Price 2,519.05 695.50 2,420.50 585.83 1,757.48 878.74 1,359.11 1,270.33 699.21 670.60 878.74 ' 247.54 2,696.75 1,107.42 27.25 38.69 2.64 46.87 26.13 205.04 24.83 23.14 157.59 104.43 466.50 2,000.00 Sched. B Sched. A Total Bid Amount 2,519.05 695.50 2,420.50 585.83 1,757.48 878:74 1,359.11 1,270.33 699.21 670.60 878.74 14,852.40 2,696.75 1,107.42 1,771.25 580.35 448.80 1,171.75 313.56 2,460.48 496.60 1,064.44 472.77 1,879.74 466.50 2,000.00 $45,517.90 $55,767.69 $101,285.59 Westwater Construction Co. Unit Price 4,000.00 500.00 4,500.00 1,500.00 1,000.00 500.00 800.00 5,000.00 850.00 1,800.00 800.00 130.00 855.00 . 100.00 15.00 18.00 6.00 30.00 15.00 250.00 90.00 35.00 40.00 145.00 1,600.00 2,000.00 Sched. B - Sched. A Total Bid Amount 4,000.00 500.00 4,500.00 1,500.00 1,000.00 500.00 800.00 5,000.00 850.00 1,800.00 800.00 7,800.00 855.00 100.00 975.00 270.00 1,020,00 750.00 180.00 3,000.00 1,800.00 1,610.00 120.00 2,610.00 1,600.00 2,000.00 $45,940.00 $59,320.00 $105,260.00 Bid Tab Union-Duvall-v04 FINAL.XLS Page 12 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 29 of 206 Project: Bid Date Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Description SCHED. A - DUVALL AVE Mobilization Construction Surveying, Staking, and , Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Dispose of Day Care Sign, C Relocate Daycare Sign and Mail Box Protect, or Remove and Reinstall, Jun 36-Inch Dia. CPEP Storm Pipe 8-Inch Dl Dia. Storm Pipe Catch Basin - Concrete Inlet Core Drill for New 8-Inch Pipe Connect New 36-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Driveway Typ Restoration, Sod, Gravel, Topsoil, Bes Restoration Minor Changes - Continued - Unit LS LS LS LS . LS LS LS LS LS LS LF LF EA EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS LS LS Est. Quantity 1 1 1 1 1 1 1 1 1 1 69 15 1 1 2 54 15 280 250 50 30 4 82 35 26 1 1 1 i Sierra Pacific Construction, Unit Price 6,000.00 850.00 2,500.00 750.00 1,500.00 1,750.00 1,000.00 250.00 500.00 500.00 245.00 90.00 1,400.00 250.00 1,100.00 40.00 60.00 2.75 3.50 85.00 175.00 8.00 27.00 44.00 61.00 1,500.00 1,000.00 3,000.00 LLC Bid Amount ' 6,000.00 850.00 2,500.00 750.00 1,500.00 1,750.00 1,000.00 250.00 500.00 500.00 16,905.00 1,350.00 1,400.00 250.00 2,200.00 2,160.00 900.00 770.00 875.00 4,250.00 5,250.00 32.00 2,214.00 1,540.00 1,586.00 1,500.00 1,000.00 3,000.00 62,782.00 B&B Utilities & Excavating, Unit Price 5,500.00 1,300.00 5,000.00 200.00 2,060.00 200.00 500.00 200.00 1,500.00 500.00 160.00 100.00 1,000.00 200.00 2,000.00 7.00 15.00 1.00 2.00 12.50 150.00 25.00 35.00 60.00 100.00 200.00 3,000.00 3,000.00 LLC Bid Amount 5,500.00 1,300.00 5,000.00 200.00 2,060.00 200.00 500.00 200.00 1,500.00 500.00 11,040.00 1,500.00 1,000.00 200.00 4,000.00 378.00 225.00 280.00 500.00 625.00 4,500.00 100.00 . 2,870.00 2,100.00 2,600.00 200.00 3,000.00 3,000.00 55,078.00 | Bid Tab Union-Duvall-v04 FINAL.XLS Page 13 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 30 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By Union Ave NE / Duvall Ave NE Storm System Rep July 20, 2010 Description SCHED. A - DUVALL AVE SCHEDULE B - UNION AVE 0 Mobilization Construction Surveying, Stakeing, anc Traffic Control Temp. Erosion and Sediment Control Trench Excavation Safety Systems Temporary Stormwater Bypass Pothole Utility Remove, Restore Wood Sign and Fer Remove, Restore Landscaping, Planti Clearing Remove Tree 24-Inch Dia. CPE Storm Pipe Catch Basin, Type 2, 48-inch Type 2, • Connect New 24-inch Pipe to Existing Import Trench Backfill Quarry Spalls Sawcutting Grind or Remove Asphalt Pavement Crushed Surfacing Hot Mix Asphalt (HMA) Class 1/2" Remove Concrete Curb, Gutter, Sidev Install Cement Concrete Curb and Gu Install Cement Concrete Sidewalk Install Cement Concrete Sidewalk Rar Restoration Minor Changes Unit LS LS LS LS LS LS LS LS LS LS LS LF EA EA Ton Ton LF SY Ton Ton SY LF SY SY LS LS Sales Tax Rule 171 Applies (tax included in Bid 5>«J QJl 1-U-IO Daniel Carey, Project Manager Est. Quantity 1 1 1 1 1 1 1 1 1 1 1 60 1 1 65 15 170 25 12 12 20 46 3 18 1 1 Items) > Sierra Pacific Construction Unit Price 6,000.00 850.00 5,250.00 750.00 1,500.00 1,800.00 1,400.00 650.00 950.00 550.00 1,500.00 205.00 3,350.00 2,750.00 40.00 60.00 2.25 3.75 95.00 215.00 8.00 28.00 60.00 60.00 948.75 2,000.00 Sched. B Sched. A Total LLC Bid Amount 6,000.00 850.00 5,250.00 750.00 1,500.00 1,800.00 1,400.00 650.00 950.00 550.00 1,500.00 12,300.00 3,350.00 2,750.00 2,600.00 900.00 382.50 93.75 1,140.00 2,580.00 160.00 1,288.00 180.00 1,080.00 948.75 2,000.00 $52,953.00 $62,782.00 $115,735.00 B&B Utilities & Excavating Unit Price 6,000.00 180.00 8,000.00 180.00 3,000.00 200.00 500.00 1,500.00 1,500.00 2,500.00 500.00 190.00 7,000.00 5,000.00 7.00 18.00 1.00 2.00 12.50 180.00 25.00 35.00 250.00 111.00 2,500.00 2,000.00 Sched. B Sched. A Total LLC Bid Amount 6,000.00 180.00 8,000.00 180.00 3,000.00 200.00 500.00 1,500.00 1,500.00 2,500.00 500.00 11,400.00 7,000.00 5,000.00 455.00 270.00 170.00 50.00 150.00 2,160.00 500.00 1,610.00 750.00 1,998.00 2,500.00 2,000.00 $60,073.00 , $55,078.00 $115,151.00 Bid Tab Union-Duvall-v04 FINAL.XLS Page 14 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 31 of 206 CITY OF RENTON BID TABULATION SHEET PROJECT: Union Ave NE / Duvall Ave NE Storm System Repair Project CAG-10-084 DATE: July 20, 2010 Page 1 of 2 BIDDER FORMS Proposal & Triple Form Bid Bond Addenda #1 Sched of Prices BID **lncludes Sales Tax B&B Utilities & Excavating, LLC 23431 45th Ave. SE Bothell, WA 98021 Jeff Brown BDZ Construction 3207 Pacific Ave. Everett, WA 98201 Jim Henricks Fury Construction P.O. Box 1198 North Bend, WA 98045 Denis Fury Hoffman Construction, Inc. P.O. Box 845 Enumclaw, WA 98022 Randy Hoffman Kamins Construction 19315 Ross Road Bothell, WA 98011 Chad Kamins Northwest Cascade, Inc. P.O. Box 73399 Puyallup, WA 98372 Douglas J. Watt PGH Excavating, Inc. P.O. Box 1151 Enumclaw, WA 98022 Carey Thornhill P.I. Resources 2008 238th STt. SE Bothell, WA 98021 Brad Coury R.L. Alia Company 107 Williams Ave. S. Renton, WA 98057 Richard L Alia $117,016.00 $115,151.00 $89,856.00 $81,955.00 $71,978.05 $83,883.74 $79,011.00 $88,787.15 $88,852.01 $101,285.59 $96,458.57 $96,430.97 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 32 of 206 CITY OF RENTON BID TABULATION SHEET PROJECT: Union Ave NE / Duvall Ave NE Storm System Repair Project CAG-10-084 DATE: July 20, 2010 Page 2 of 2 BIDDER FORMS Proposal & Triple Form Bid Bond Addenda #1 Sched of Prices BID **lncludes Sales Tax R.J. Lampers Construction Co., Inc. 14532 180th PI. SE Snohomish, WA 98290 Bette Anne Lampers Sierra Pacific Construction, LLC P.O. Box 620 Maple Valley, WA 98038 Brian Smith Slead, LLC 9021 Waller Rd. E. Tacoma, WA 98446 Lester Slead Westwater Construction Company 31833 Kent Black Diamond Rd. Auburn, WA 98092 Thomas J. Caplis ENGINEER'S ESTIMATE LEGEND: Forms: Triple Form: Non-Collusion Affidavit, Anti-Trust Claims, Minimum Wage $96,886.00 $115,735.00 $90,911.40 $105,260.00 $95,090.00 7c. ‐ City Clerk reports bid opening on 7/20/2010 for CAG‐10‐084, Union Ave. NE/Duvall Ave. NE Storm System Repair project; 13 bids; engineer’s Page 33 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Bid opening July 27, 2010, for CAG-10-086, Madsen Creek Sediment Basin Cleaning Project - 2010 Meeting: Regular Council - 02 Aug 2010 Exhibits: Staff Recommendation Bid Tabulation Sheet (11 bids) Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie Walton, City Clerk Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ 31,207.50 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Engineer's Estimate: $40,296 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within project budget, and there were no significant irregularities with the low bid. Therefore, staff recommends acceptance fo the low bid submitted by Sierra Pacific Construction, LLC in the amount of $31,207.50. STAFF RECOMMENDATION: Accept the low bid submitted by Sierra Pacific Construction, LLC and award the contract in the amount of $31,207.50. 7d. ‐ City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; Page 34 of 206 PUBLIC WORKS DEPARTMENT ttWlB MEMORANDUM DATE: July 28, 2010 TO: Bonnie Walton, City Clerk FROM: Daniel Carey, Surface Water Utility Civil Engineer, x7293 LX^* SUBJECT: Madsen Creek Sediment Basin Cleaning Project - 2010, SWP-27-3497 Construction Bid Award Recommendation The bid opening for the Madsen Creek Sediment Basin Cleaning Project - 2010, SWP-27-3497 was held on July 27, 2010, at 2:30 p.m. Eleven (11) bids were received. The engineer's estimate for the project construction cost was $40,296.00. The apparent low bid for the project is $31,207.50 (including sales tax) from Sierra Pacific Construction, LLC. The Surface Water Utility reviewed the low bid for completeness, inclusion of all required forms, bid bond, acknowledgments of addenda, and mathematical correctness of the bid. The low bid contained an irregularity where the low bidder filled in the Total Amount for two bid items, but did not fill in the Unit Price. The two bid items were lump sum amounts, so the Total Amount for each bid item would be equal to the Unit Price. The City Attorney reviewed the low bid and the WSDOT Specifications, and determined that the irregularity was minor and may be waived by the City (memo attached). The low bidder also made a minor mathematical error adding the bid item costs together. When the minor error was corrected the low bid changed from $30,112.50 to $31,207.50. All other paperwork for the low bid is in order. Two other bidders had minor math errors in their bids and were corrected as follows: Bidder Green Earthworks Constr. 3 Kings Environmental, Inc. Original Amount $45,442.50 $80,159.48 Corrected Amount $45,453.45 $81,254.48 The low bid meets the following conditions for award: 1. The low bid must be within the total project budget; 2. There must be more than one bidder; and 7d. ‐ City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; Page 35 of 206 Ms. Bonnie Walton Page 2 of 2 July 28, 2010 3. The lowest, responsible, responsive bid contains no significant irregularities. There are sufficient funds in the approved 2010 Capital Improvements Program budget Madsen Creek Sedimentation Basin Cleaning Project account (427.475050) to fund construction of the Madsen Creek Sedimentation Basin Cleaning Project. The Surface Water Utility, therefore, recommends that this item be placed on the August 2, 2010 consent agenda for Council concur. Staff further recommends that Council award the construction contract to the lowest responsive, responsible bidder, Sierra Pacific Construction, LLC, in the amount of $31,207.50. Attached for your reference, is the bid tabulation showing the engineer's estimate, the low bid, and the other bids submitted, and the memo from the City Attorney. I am returning the bid envelopes and the bid documents from the other bidders to you for the City Clerk's files. Please contact me at ext. 7293, if you have any questions. Attachments Gregg Zimmerman, Public Works Administrator Lys Hornsby, Utility Systems Division Director Ron Straka, Surface Water Utility Supervisor h:\file sys\swp - surface water projects\swp-27 - surface water projects (cip)\27-3497 madsen creek sed basin\2010 cleaning\1000 corrspd-city\100728 final clerk-bid-award-madsen.doc\DCah 7d. ‐ City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; Page 36 of 206 CITY ATTORNEY MEMORANDUM w®ia© DATE: TO: FROM: SUBJECT: July 28, 2010 Daniel Carey, City of Renton, Surface Water Utility Civil Engineer Garmon Newsom II, Assistant City Attorney Madsen Creek Good Morning Mr. Carey, I spoke with Zanetta L. Fontes, Senior Assistant City Attorney, this morning concerning the bid irregularity. It is her opinion that the City of Renton may waive the bid irregularity. Based on her request, I have sent you this memorandum with her legal opinion. G. Newsom II 7d. ‐ City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; Page 37 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 By Madsen Creek Sediment Basin Cleaning Project - 20 July 27, 2010 Unit Description Mobilization LS Traffic Control LS Construct Bypass Dam, Divert Creek, LS Remove, Haul, and Dispose of Sedimi LS Refill Basin, Remove Bypass Dam, RE LS Hydroseed SF Minor Changes LS Daniel Carey, Project Manager Est. Quantity 3,000 .1 Sales Tax 10 Engineers Estimate Unit Price 4,500.00 800.00 4,000.00 22,000.00 3,000.00 0.50 1,000.00 Subtotal 9.5% Total Bid Amount 4,500.00 800.00 4,000.00 22,000.00 3,000.00 1,500.00 1,000.00 $36,800.00 $3,496.00 $40,296.00 Sierra Pacific Construction, LLC :• Unit!: Bid Price- • Amount 2,500.oon: 2,500-;oo :;;;::500.00 ::: : : 500:00: 3,500.00 ^:3,500.0O 18,500.00 18,500.00: 1,750:00 ; ;:i.750;oo- 0:25:; 750.00 ;t.ooo^o:;:: '1,000:00; :. Subtotal : $28,500.00 - Tax $2,707.50 ::Total $31;207.5a Bid Tab Madsen-2010-v02 FINAL.XLS Page 1 7d. ‐ City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; Page 38 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 By Madsen Creek Sediment Basin Cleaning Project - 20 July 27, 2010 Unit Description Mobilization Traffic Control Construct Bypass Dam, Divert Creek, Remove, Haul, and Dispose of Sedimi Refill Basin, Remove Bypass Dam, Re Hydroseed Minor Changes Daniel Carey, Preset Manager LS LS LS LS LS SF LS Est. Quantity 3,000 1 Sales Tax Kamins Construction Unit Price 5,000.00 100.00 1,000.00 21,000.00 1,000.00 0.25 1,000.00 Subtotal Tax Total Bid Amount 5,000.00 100.00 1,000.00 21,000.00 1,000.00 750.00 1,000.00 $29,850.00 $2,835.75 $32,685.75 Fury Construction Unit Price 2,600.00 3,000.00 3,500.00 17,000.00 2,000.00 0.30 1,000.00 Subtotal Tax Total Bid Amount 2,600.00 3,000.00 3,500.00 17,000.00 2,000.00 900.00 1,000.00 $30,000.00 $2,850.00 $32,850.00 Bid Tab Madsen-2010-v02 FINAL.XLS Page 2 7d. ‐ City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; Page 39 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 By Madsen Creek Sediment Basin Cleaning Project - 20 July 27, 2010 Unit Description Mobilization Traffic Control Construct Bypass Dam, Divert Creek, Remove, Haul, and Dispose of Sedimi Refill Basin, Remove Bypass Dam, Re Hydroseed Minor Changes Daniel Carey, Project Manager LS LS LS LS LS SF LS Est. Quantity 3,000 1 Sales Tax RJ Lampers Construction Co. Inc. Unit Price 700.00 600.00 5,700.00 20,000.00 1,500.00 0.28 1,000.00 Subtotal Tax Total Bid Amount 700.00 600.00 5,700.00 20,000.00 1,500.00 840.00 1,000.00 $30,340.00 $2,882.30 $33,222.30 P.I. Resources Unit Price 3,666.06 1,868.40 3,899.54 21,507.36 554.61 0.31 1,000.00 Subtotal Tax Total Bid Amount 3,666.06 1,868.40 3,899.54 21,507.36 554.61 930.00 1,000.00 $33,425.97 $3,175.47 $36,601.44 Bid Tab Madsen-2010-v02 FINAL.XLS Page 3 7d. ‐ City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; Page 40 of 206 Project: Madsen Creek Sediment Basin Cleaning Project - 20 Bid Date: July 27, 2010 Item No. Description Unit Est. Quantity 1 Mobilization LS 2 Traffic Control LS 3 Construct Bypass Dam, Divert Creek, LS 4 Remove, Haul, and Dispose of Sedimi LS 5 Refill Basin, Remove Bypass Dam, Re LS 6 Hydroseed SF 7 Minor Changes LS By: \J OMVUX 1-28-/0 3,000 1 Sales Tax Daniel Carey, Project Manager MVG, LLC Unit Price 5,000.00 2,000.00 6,000.00 20,000.00 3,000.00 0.50 1,000.00 Subtotal Tax Total Bid Amount 5,000.00 2,000.00 6,000.00 20,000.00 3,000.00 1,500.00 1,000.00 $38,500.00 $3,657.50 $42,157.50 R.L. Alia Company Unit Price 3,750.00 250.00 3,500.00 20,000.00 9,700.00 0.10 1,000.00 Subtotal Tax Total Bid • Amount 3,750.00 250.00 3,500.00 20,000.00 9,700.00 300.00 1,000.00 $38,500.00 $3,657.50 $42,157.50 Bid Tab Madsen-2010-v02 FINAL.XLS Page 4 7d. ‐ City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; Page 41 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 By Madsen Creek Sediment Basin Cleaning Project - 20 July 27, 2010 Unit Description Mobilization Traffic Control Construct Bypass Dam, Divert Creek, Remove, Haul, and Dispose of Sedimi Refill Basin, Remove Bypass Dam, Re Hydroseed Minor Changes J)^ZA W7 1-23•-tO Daniel Carey, Proje/t Manager LS LS LS LS LS SF LS Est. Quantity 3,000 1 Sales Tax Westwater Construction Co. Unit Price 4,000.00 3,000.00 5,000.00 23,000.00 4,800.00 0.25 1,000.00 Subtotal Tax Total Bid Amount 4,000.00 3,000.00 5,000.00 23,000.00 4,800.00 750.00 1,000.00 $41,550.00 $3,947.25 $45,497.25 Green Earthworks Construction, Inc. Unit Price 4,012.00 2,000.00 3,158.00 28,780.00 1,900.00 0.22 1,000.00 Subtotal Tax Total Bid Amount 4,012.00 2,000.00 3,158.00 28,780.00 1,900.00 660.00 1,000.00 $41,510.00 $3,943.45 $45,453.45 Bid Tab Madsen-2010-v02 FINAL.XLS Page 5 7d. ‐ City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; Page 42 of 206 Project: Bid Date: Item No. 1 2 3 4 5 6 7 By Madsen Creek Sediment Basin Cleaning Project - 20 July 27, 2010 Unit Description Mobilization Traffic Control Construct Bypass Dam, Divert Creek, Remove, Haul, and Dispose of Sedimi Refill Basin, Remove Bypass Dam, Re Hydroseed Minor Changes VA*J CX^f/ l-28-io Daniel Carey, Project Manager LS LS LS LS LS SF LS Est. Quantity 3,000 1 Sales Tax PGH Excavating, Inc. Unit Price 3,680.00 3,700.00 2,430.00 33,620.00 2,920.00 0.39 1,000.00 Subtotal Tax Total Bid Amount 3,680.00 3,700.00 2,430.00 33,620.00 2,920.00 1,170.00 1,000.00 $48,520.00 $4,609.40 $53,129.40 31 <ings Environmental, Inc. Unit Price 6,405.00 500.00 8,700.00 45,000.00 12,000.00 0.20 1,000.00 Subtotal Tax Total Bid Amount 6,405.00 500.00 8,700.00 45,000.00 12,000.00 600.00 1,000.00 $74,205.00 $7,049.48 $81,254.48 Bid Tab Madsen-2010-v02 FINAL.XLS Page 6 7d. ‐ City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; Page 43 of 206 CITY OF RENTON BID TABULATION SHEET PROJECT: Madsen Creek Sediment Basin Cleaning Project - 2010 CAG-10-086 DATE: July 27, 2010 Page 1 of 1 BIDDER 3 Kings Environmental, Inc. P.O. Box 200 Batlle Ground, WA 98604 Ron King Fury Construction P.O. Box 1198 North Bend, WA 98045 Denis Fury Green Earthworks Construction, Inc. 3419 N. Madison St. Tacoma, WA 98047 Jayson W. Stevens Kamins Construction 19315 Ross Rd. Bothell, WA 98011 Chad Kamins MVG, LLC 22630 SE 268th St. Maple Valley, WA 98038 Earl Soushek PGH Excavating, Inc. P.O. Box 1151 Enumclaw, WA 98022 NickThornhill PI Resources 2008 238th St. E. Bothell, WA 98021 Brad Coury RJ Lampers Construction Co., Inc. 14532 180th PI. SE Snohomish, WA 98290 Bette Anne Lampers R.L. Alia Company 107 Williams Ave. S. Renton, WA 98057 Richard L. Alia Sierra Pacific Construction, LLC P.O. Box 620 Maple Valley, WA, 98038 Brian Smith Westwater Construction Company 31833 Kent Black Diamond Rd Auburn, WA 98092 Thomas J. Caplis 8 FORMS Proposal & Triple Form X X X X X X X X X X X Bid Bond X X X X X X X X X X X Sched of Prices X X X X X X X X X X X BID **lncludes Sales Tax $80,159.48 $81,254.48 $32,850.00 $45,442.50 $45,453.45 $32,685.75 $42,157.50 $53,129.40 $36,601.44 $33,222.30 $42,157.50 $30,112.50 $31,207.50 $45,497.25 ENGINEER'S ESTIMATE LEGEND: Forms: Triple Form: Non-Collusion Affidavit, Anti-Trust Claims, Minimum Wage $40,296.00 7d. ‐ City Clerk reports bid opening on 7/27/2010 for CAG‐10‐086, Madsen Creek Sediment Basin Cleaning ‐ 2010 project; 11 bids; Page 44 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Housing Opportunity Fund Award for Habitat for Humanity La Fortuna Project Meeting: Regular Council - 02 Aug 2010 Exhibits: Issue Paper Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Mark Santos-Johnson (ext 6584) Recommended Action: Refer to Planning & Development Committee Fiscal Impact: Expenditure Required: $ $75,000 Transfer Amendment: $N/A Amount Budgeted: $ $75,000 Revenue Generated: $N/A Total Project Budget: $ $3,935,384 (projected)City Share Total Project: $ $75,000 SUMMARY OF ACTION: Habitat for Humanity of East King County has requested $75,000 from the Housing Opportunity Fund to help support the construction of the La Fortuna Phase l affordable home ownership project. The Phase l project includes two townhouse buildings with 11 units that will be sold to households at or below 60% of the median income in King County. STAFF RECOMMENDATION: Approve a $75,000 award from the Housing Opportunity Fund to the Habitat for Humanity of East King County to help support the construction of the La Fortuna Phase I affordable home ownership project. 7e. ‐ Community and Economic Development Department requests approval to award $75,000 from the Housing Opportunity Fund to the Page 45 of 206 h:\ced\city council\issue papers\2010\issue paper - housing opportunity fund - habitat for humanity la fortuna request 7-22-2010.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:July 22, 2010 TO:Don Persson, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Alex Pietsch, Administrator STAFF CONTACT:Mark Santos-Johnson, Senior Economic Development Specialist (ext. 6584) SUBJECT:Housing Opportunity Fund Award to Habitat for Humanity of East King County for La Fortuna Phase I Affordable Home Ownership Project ISSUE: Should the City award $75,000 from the Housing Opportunity Fund (HOF) to the Habitat for Humanity of East King County (Habitat EKC) to help support the construction of the La Fortuna Phase l affordable home ownership project? RECOMMENDATION: Habitat EKC’s request has been reviewed by the Department of Community & Economic Development and the Community Services Department. Staff recommends that the Council approve a $75,000 award from the HOF funds to Habitat EKC to help support the construction of the La Fortuna Phase l affordable home ownership project. BACKGROUND SUMMARY: In November 2008, the City Council adopted Ordinance 5419 and transferred $200,000 of the fund balance from the General Fund to establish the HOF. The HOF is available to assist public and private housing projects serving low and/or moderate income households and/or special-needs populations within the City limits. Requests for funding from the HOF are brought to the Council for approval after staff review and recommendation. 1 1 See Attachment 1: Housing Opportunity Fund – Project Eligibility and Uses of Funds The Council awarded $100,000 in HOF funds to the Renton Housing Authority in 2009 to help support the development and construction of the proposed new Edmonds/Glenwood affordable housing project. There is currently $100,000 remaining in HOF funds. Habitat EKC has requested $75,000 in HOF funds to help support the construction of phase l of the La Fortuna affordable home ownership project. The project is located near the intersection of SE 174th Street and 127th Place SE in the Benson Hill/Cascade neighborhood that annexed to the City in 20082. 2 See Attachment 2: La Fortuna map 7e. ‐ Community and Economic Development Department requests approval to award $75,000 from the Housing Opportunity Fund to the Page 46 of 206 HOF Award to Habitat for Humanity East King County – La Fortuna Page ii of 3 Issue Paper July 22, 2010 h:\ced\city council\issue papers\2010\issue paper - housing opportunity fund - habitat for humanity la fortuna request 7-22-2010.doc Habitat EKC builds affordable permanent housing, both multi-unit and single-family. They construct homes using over 90% volunteer labor and sell homes with zero-interest mortgages, at zero profit and with zero financial down payment to families (in the case of Renton) earning below 60% of median income – with housing payments limited to 30% of family income. Habitat EKC uses a land trust model so that when a Habitat homeowner decides to sell their home, Habitat EKC has the first right of refusal to purchase the home and sell it to another income-qualified family. The organization commits to do this for the La Fortuna project for 75 years.3 3 See Attachment 3: Habitat for Humanity East King County – Background Information The 11 units will be sold to households at or below 60% of the median income in King County (e.g., currently $51,360 a year for a four-person household). Families have been selected for five of the units. The units are three story townhouses with garages on the lowest level and living spaces above, providing modern, urban living with an economical use of space. The 11 units will be located in two townhouse buildings, a three-story six-plex and a three-story five-plex). The size of the units will range from three bedrooms, for smaller families, to six bedroom homes for larger families. The La Fortuna property was purchased jointly by Habitat EKC and Habitat for Humanity of Seattle/South King County. Habitat EKC will take the lead in the construction of the Phase I homes. When fully completed, there will be up to 41 townhouses. Half of the site is open space. All homes will be constructed to a four star Built Green standard of energy efficiency in order to make them affordable to maintain as well as purchase. All of the following Housing Opportunity Fund project eligibility criteria are met by the proposed project: o La Fortuna is physically located within the Renton city limits; o The project is new construction and increases the available supply of affordable housing in Renton; and o The home ownership project is affordable to households earning no more than 80% of the median income in King County. Phase I has an estimated total development and construction budget of $3,935,384. A combination of local, state and federal funds, plus private funds, donations, and in-kind volunteer labor will be used to complete the project. Committed funding includes $500,000 from the Washington State Housing Trust Fund, $500,000 from the King County Housing Finance Program, $75,000 from the Bank of America Charitable Foundation, and $25,000 from the Chase Foundation. Although the City’s $75,000 of HOF funds is only 1.9% of the La Fortuna Phase l total projected cost, it demonstrates to current and potential funding sources that the local jurisdiction supports the project. Habitat EKC hopes to use the $75,000 to help leverage the remaining funds needed for the projected budget, a leverage of $1 of City funds for each $51 of projected total other funds. The HOF requires a minimum projected $1-to-$1 match and a preferred projected match of $1-to-$4. Habitat EKC has requested to use the $75,000 in HOF to help pay for part of the construction costs of the foundations for the two buildings in the La Fortuna Phase I project. (This is an eligible use of the HOF funds.) Because of the topography of the La Fortuna site and the size and technical requirements of the foundation, it will be installed by a foundation general contractor. As soon as the foundation is completed, Habitat EKC has many experienced and enthusiastic volunteers waiting to start building structures. The groundbreaking ceremony for construction was held on Friday, June 11, 2010. Habitat EKC hopes to complete the first foundation in September 2010. The 11-unit project is scheduled to be completed in 7e. ‐ Community and Economic Development Department requests approval to award $75,000 from the Housing Opportunity Fund to the Page 47 of 206 HOF Award to Habitat for Humanity East King County – La Fortuna Page iii of 3 Issue Paper July 22, 2010 h:\ced\city council\issue papers\2010\issue paper - housing opportunity fund - habitat for humanity la fortuna request 7-22-2010.doc early-2012. CONCLUSION: The $75,000 of HOF funds for the La Fortuna Phase l project will help support the construction of 11 townhouses. The 11 units will be sold to households at or below 60% of the median income in King County. The $75,000 of HOF funds will help Habitat EKC leverage the remaining funds needed to complete the project. The La Fortuna project will also increase the opportunities for affordable housing for people with low incomes in our community – and support the City’s vision as the center of opportunity in the Puget Sound region where families and businesses thrive. Attachments: ·Housing Opportunity Fund – Project Eligibility and Uses of Funds ·La Fortuna map ·Habitat of Humanity East King County – Background Information cc: Jay Covington, CAO Bonnie Walton, City Clerk Iwen Wang, Finance & IS Administrator Terry Higashiyama, Community Services Administrator Suzanne Dale Estey, Economic Development Director Chip Vincent, Planning Director Karen Bergsvik, Human Services Manager Tim Lawless, Housing Repair Coordinator 7e. ‐ Community and Economic Development Department requests approval to award $75,000 from the Housing Opportunity Fund to the Page 48 of 206 HOUSING OPPORTUNITY FUND (Adopted by Ordinance 5419 on November 10, 2008) PROJECT ELIGIBILITY AND USES OF FUNDS Projects must be physically located within the Renton city limits. Projects must serve low and/or moderate income households and/or special-needs populations as follows: ·First priority – New construction projects to increase the available supply of affordable housing in Renton with a preference for mixed-income projects. ·Second priority – Acquisition and/or rehabilitation of existing multi-family housing projects to increase the available supply of affordable housing in Renton. ·Third priority – Rehabilitation or remodeling of existing multi-family housing projects to maintain the facility as decent, safe, and sanitary affordable housing. ·Eligible projects offering home ownership opportunities, such as condominiums, townhouses, cottages, etc., must be affordable to households earning no more than 80% of the median income in King County. Eligible rental projects must be affordable to households earning no more than 60% of the median income in King County The funds are available to entities to support the project activities noted above, but may not be used to provide grants or other direct financial assistance to individuals. The entities that receive the funds must agree to maintain the housing as affordable for a minimum of ten years. The City’s funds may be used, for example, for seed money, local match, land acquisition, development costs, construction costs, etc. to support the project activities noted above. The City will strive to maximize leverage for other public and private funds with a minimum projected $1 to $1 match and preferred projected match of 1-to-4 ($1 of City funds for each $4 of projected other funds). Projects will have up to three years to use the City’s funds from the date the project’s funds are approved by the City Council. PROJECT ELIGIBILITY AND USES OF FUNDS Interested entities may submit an application to request funds at any time to the Department of Community and Economic Development Administrator The Department of Community and Economic Development Administrator will review the application in collaboration with an interdepartmental team and prepare a recommendation to the City Council for approval. 7e. ‐ Community and Economic Development Department requests approval to award $75,000 from the Housing Opportunity Fund to the Page 49 of 206 7 e . ‐ C o m m u n i t y a n d E c o n o m i c D e v e l o p m e n t D e p a r t m e n t r e q u e s t s a p p r o v a l t o a w a r d $ 7 5 , 0 0 0 f r o m t h e H o u s i n g O p p o r t u n i t y F u n d t o t h e P a g e 5 0 o f 2 0 6 Attachment 3 Habitat of Humanity East King County – Background Information Habitat East King County (Habitat EKC) is one of 35 Habitat affiliates in Washington State and more than 1,600 affiliates across the United States. Since Habitat EKC was founded in 1988, the organization has built 103 affordable homes in East King County in partnership with low-income families. Habitat EKC builds decent, affordable permanent housing, both multi-unit and single-family. They construct homes using over 90% volunteer labor and sell homes with zero-interest mortgages, at zero profit and with zero financial down payment to families (in the case of Renton) earning below 60% of median income – with housing payments limited to 30% of family income. They partner with Habitat families by providing homeowner education and supporting the completion of their 500 sweat-equity hours (per family) which serves as a down payment. The Habitat EKC families mirror the demographics of the King County community, reflecting a rich ethnic and cultural diversity. They represent the hourly waged workforce, working in occupations that support the local community and economy. They are child care staff, bus drivers, preschool teachers, custodians, hair stylists, farm workers, maintenance staff, retail and clerical workers. The ethnicity of current Habitat EKC homeowner families is defined as: ·9% African American/Black ·13% Asian/Pacific Islander ·58% Caucasian ·13% Latino/Hispanic ·4% Multicultural/Ethnic ·3% Native American. Today, 262 children are living in the 103 homes that Habitat EKC has built and 52% of the families are headed by single parents. Habitat EKC families earn between 25% and 60% of median income for King County. All 11 units in phase l of the La Fortuna project will be sold to households at or below 60% of the median income in King County. When a Habitat homeowner decides to sell their home, Habitat EKC has the first right of refusal through their “Legacy of Land” model. They purchase the home and after refurbishment, sell it to another income-qualified family. This enables successful Habitat homeowners to move on to market rate housing if they chose and allows Habitat to provide another family with affordable homeownership. This model protects the investment of funders, donors and volunteers by keeping homes affordable for families permanently. Habitat EKC has had eleven families experience the success of selling their homes back to the organization and moving on. The 11 units were resold to income-qualified households. 7e. ‐ Community and Economic Development Department requests approval to award $75,000 from the Housing Opportunity Fund to the Page 51 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Fairwood Potential Annexation Area Prezoning Public Hearings Meeting: Regular Council - 02 Aug 2010 Exhibits: Issue Paper 3 Attachments Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Chip Vincent, x6588 Recommended Action: Refer to the Planning and Development Committee and the Planning Commission. Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The Fairwood Potential Annexation Area is scheduled to vote on the question of annexation to the City of Renton this coming November. The Administration would like to prezone the area to inform the residents and property owners of what their zoning would be if the area annexes. The zoning of annexation areas requires two public hearings. It is recommended that the Planning Commission be delegated the authority to hold the public hearings for Council. The Planning Commission would receive public testimony, consider the matter of zoning, and make a recommendation to the Planning and Development Committee regarding the prezoning of the Fairwood area. The final action regarding the prezoning will come before Council. STAFF RECOMMENDATION: Direct the Planning Commission to hold the required two public hearings regarding prezoning the Fairwood Potential Annexation Area. 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 52 of 206 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:August 2, 2010 TO:Don Persson, Council President City Councilmembers VIA:Denis Law, Mayor FROM:Alex Pietsch, Administrator STAFF CONTACT:Angie Mathias, x6593 SUBJECT:Proposed Fairwood Annexation – Prezoning ISSUE: Should the City adopt prezoning for the Fairwood Potential Annexation area? If so, what should that prezoning be? Should the two required public hearings in the matter of zoning the area be heard by the Planning Commission? RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council prezone the Fairwood Potential Annexation area. If Council concurs, the Administration recommends that it prezone the area as is outlined in the summary statement below and as shown on Attachment A. Also, the Administration recommends that the public hearings in the matter of zoning the Fairwood area be heard by the Planning Commission. BACKGROUND SUMMARY: The Fairwood Annexation area is scheduled to vote on the question of annexation on November 2, 2010. Prezoning the area would provide residents with complete information about what their land use zoning would be if the area annexed to the City. Currently, the area is not prezoned but is designated with City of Renton Comprehensive Plan designations. Many of Renton’s Comprehensive Plan designations allow for several possible zones. In the past, Renton has prezoned large annexation areas (East Renton Plateau and Benson Hill) in order to provide such predictability. Renton Comprehensive Plan Designations The Fairwood Annexation area is designated with five Renton Comprehensive Plan designations. Each of those designations and the zones which implement them are as follows: Renton Comp Plan Designation Implementing Zones Residential Low Density ·RC: Resource Conservation (Residential One 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 53 of 206 Don Persson, Council President Page 2 of 10 August 2, 2010 Dwelling Unit Per 10 Net Acres) ·R-1: Residential One Dwelling Unit Per Net Acre ·R-4: Residential Four Dwelling Units Per Net Acre Residential Single Family ·R-8: Residential Eight Dwelling Units Per Net Acre Residential Medium Density ·R-10: Residential Ten Dwelling Units Per Net Acre ·R-14: Residential Fourteen Dwelling Units Per Net Acre Residential Multi-Family ·RMF: Residential Multi Family (Twenty Dwelling Units Per Net Acre) ·RMT: Residential Multi Family (Thirty Five Dwelling Units Per Net Acre) ·RMU: Residential Multi Family (Seventy Five Dwelling Units Per Net Acre) Commercial Corridor ·CA: Commercial Arterial ·CO: Commercial Office ·IL: Light Industrial Renton’s Comprehensive Plan provides guidance regarding the application of different zones. Those related policies are below: Resource Conservation and Residential One Dwelling Unit per Net Acre Policy LU-151. Base development densities should range from 1 home per 10 acres to 1 home per acre on Residential Low Density (RLD) designated land with significant environmental constraints, including but not limited to: steep slopes, erosion hazard, floodplains, and wetlands or where the area is in a designated Urban Separator. Policy LU-153. For the purpose of mapping, the prevalence of significant environmental constraints should be interpreted to mean: 1)Critical areas encumber a significant percentage of the gross area; 2)Developable areas are separated from one another by pervasive critical areas or occur on isolated portions of the site and access limitations exist; 3)The location of the sensitive area results in a non-contiguous development pattern; 4) The area is a designated urban separator; or 5)Application of the Critical Areas Ordinance setbacks/buffers and/or net density definition would create a situation where the allowed density could not be accommodated on the remaining net developable area without modifications or variances to other standards. Residential Four Dwelling Units per Net Acre Policy LU-147. Adopt urban density of at least four (4) dwelling units per net acre for residential uses except in areas with identified and documented sensitive areas and/or areas identified as urban separators. Policy LU-151 (cont). Density should be a maximum of 4-du/net acre on portions of the Residential Low Density land where these constraints [including but not limited to: steep slopes, erosion hazard, floodplains, and wetlands or where the area is in a designated 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 54 of 206 Don Persson, Council President Page 3 of 10 August 2, 2010 Urban Separator] are not extensive and urban densities are appropriate. Objective LU-II: Designate Residential 4 du/acre zoning in those portions of the RLD designation appropriate for urban levels of development by providing suitable environments for suburban and/or estate style, single-family residential dwellings. Residential Eight Dwelling Units per Net Acre Policy LU-160. Designate land for Residential Single-Family land use where there is an existing pattern of single-family development in the range of four to eight units per net acre and where critical areas are limited. Residential Ten Dwelling Units per Net Acre Policy LU-162. Residential Medium Density neighborhoods may be considered for Residential 10 (R-10) zoning if they meet three of the following criteria: 1)The area already has a mix of small-scale multi-family units or has had long standing zoning for flats or other low-density multi-family use; 2)Development patterns conducive to medium-density development are established; 3)Vacant lots exist or parcels have redevelopment potential for medium-density infill development; 4)The project site is adjacent to major arterial(s) and public transit service is located within ¼ mile; 5)The site can be buffered from existing single-family residential neighborhoods having densities of eight (8) dwelling units or less; or 6)The site can be buffered from adjacent or abutting incompatible uses. Residential Fourteen Dwelling Units per Net Acre Policy LU-163. Areas may be considered for Residential 14 (R-14) zoning where the site meets the following criteria: 1)Adjacent to major arterial(s); 2)Adjacent to the Urban Center, Highlands Center Village, or Commercial Corridor designations; 3)Part of a designation totaling over 20 acres (acreage may be in separate ownership); 4)Site is buffered from single-family areas or other existing, potentially incompatible uses; and 5)Development within the density range and of similar unit type is achievable given environmental constraints. Residential Multi-Family Policy LU-180. Residential Multi-Family (RMF) zoning should be applied where existing small scale, garden-style multi-family development exists. Policy LU-181. Residential Multi-Family Traditional (RMT) zoning should be applied in areas where the surrounding land use provides a compact urban environment or where such an environment is envisioned. This area should be within a half mile of shopping and transit. 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 55 of 206 Don Persson, Council President Page 4 of 10 August 2, 2010 Policy LU-182. Residential Multi-Family Urban (RMU) zoning should be applied when the surrounding land uses call for high-density housing choices in an area with a pedestrian-scale environment and direct access to transit facilities. Policy LU-176. Properties that are a part of annexations into the City and have existing multi-family land use, but do not meet the criteria for Residential Multi-Family land use designation, may be designated Residential Multi-Family when properties meet the following criteria: 1)There is a pre-existing and long term use of multi-family development; and 2)The property is 43,560 square feet or less in size, and 3)The designation shall not be used as justification for expanding Residential Multi-Family zone to other properties. Commercial Arterial Policy LU-253. Portions of the Commercial Corridor designation appropriate for a wide range of uses catering to low and medium intensity office, service, and retail uses should be mapped with Commercial Arterial zoning. Policy LU-254. Areas that should be considered for Commercial Arterial zoning should meet the following criteria: 1)The corridor is served by transit or has transit within one-quarter mile; 2)A historical strip commercial urban development pattern predominates; 3)Large, surface parking lots exist; 4)Primary development on the site is located at rear portions of the property with parking in front of the buildings; 5)Parcel size and configuration typically is defined by a larger parcel fronting the arterial street with multiple buildings and businesses; and 6)The corridor exhibits long block lengths and/or an incomplete grid street network. Light Industrial Policy LU-251. Industrial Light zoning should be applied to land that is appropriate for very low intensity manufacturing and industrial services. Commercial Office Policy LU-257. Areas of the City identified for intensive office use may be mapped with Commercial Office implementing zoning when site is developed, historically used for office, or the site meets the following criteria: 1)Site is located contiguous to an existing or planned transit route; 2)Large parcel size; 3)High visibility; and 4)Opportunities for views. 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 56 of 206 Don Persson, Council President Page 5 of 10 August 2, 2010 Policy LU-258. Small-scale medical uses associated with major institutions should be located in the portions of Commercial Corridor designated areas with Commercial Office zoning, in the Urban Center, or in the Employment Area – Valley. Policy LU-259. Retirement centers that have a medical facility as a component of the services offered should be located in areas of the Commercial Corridor that have Commercial Office zoning. Policy LU-260. Medium and high intensity office should be encouraged as the primary use in Commercial Office zoned areas. Policy LU-261. Retail and services should support the primary office use in areas identified for Commercial Office zoning, and should be located on the ground floor of office and parking structures. King County Comprehensive Plan Designations and Zoning The King County designations (Attachment B) and zoning (Attachment C) for the Fairwood area are as follows: Greenbelt/Urban Separator This designation has been applied to the parcels that run on both sides of Soos Creek in the southwestern portion of the Fairwood area. Most of the parcels with this designation are owned by King County, but there are some in private ownership. King County has zoned all parcels in this designation as Residential One Dwelling Unit per Gross Acre (R-1). Open Space Recreation The King County owned parcels that comprise Petrovitsky Park are designated as Open Space Recreation. The park is zoned Residential Six Dwelling Units per Gross Acre (R-6). Urban Residential Low 1 du/acre King County only allows the Residential One Dwelling Unit per Gross Acre (R-1) zone in this Comprehensive Plan designation. There are two areas that have this designation and the R-1 zone; first the northeastern portion of the parcels abutting Lake Desire and second a portion of a large parcel at the northern boundary of the Fairwood area. This parcel is a tract that is owned by multiple owners for the purposes of ingress/egress, utility facilities, open space, or is set aside due environmental constraints. These tracts are considered undivided interests and are not developable lands. Urban Residential Medium 4 – 12 du/acre This designation applies to the Fairwood majority of the area. Areas with existing patterns of single family residential have this designation with some remaining redevelopable parcels. The predominate King County zoning for the Fairwood area, in general and within this designation, is Residential Six Dwelling Units per Gross Acre (R-6). There are four areas with topographical constraints and/or other sensitive area constraints that are zoned Residential Four Dwelling Units per Gross Acre (R-4). Two of these areas are at the northern portion of the area, one is at the western portion, and the remaining area surrounds Shady Lake. Urban Residential High >12 du/acre 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 57 of 206 Don Persson, Council President Page 6 of 10 August 2, 2010 There are three King County zones applied to the Fairwood area within this designation. They are: Residential Eighteen Dwelling Units per Gross Acre (R-18), Residential Twenty Four Dwelling Units per Gross Acre (R-24), and Residential Forty Eight Dwelling Units per Gross Acre (R-48). This designation and its zones surround the commercial area of Fairwood. The majority of the R-24 zoned area lies south of the golf course, but does include a portion of the golf course. There are also a few parcels that lie on the southern side of SE Petrovitsky Road. This zone is built out with multi-family housing with the exception of Nativity Lutheran Church which is zoned R-24. It is south of SE Petrovitsky Road and immediately west of 140th Avenue SE. There are three areas zoned R-18. These parcels are located immediately south of SE Petrovitsky Rd with 134th Avenue SE running through the area, south of SE 177th St, and north of SE Petrovitsky Road towards the eastern portion of the commercial area. These parcels are largely built out with existing multi-family housing; however, there is one parcel that is vacant. There is one parcel zoned R-48. This .52 acre parcel is built out with existing condominiums; it is located north of SE Petrovitsky Road and west of 140th Avenue SE. Community Business Center The commercial center of the Fairwood area is designated Community Business Center. The parcels that run along SE Petrovitsky Road and to the east of 140th Avenue SE are zoned Commercial Business (CB). The existing land uses in this zone include the Safeway grocery store and associated smaller businesses and the Albertsons grocery store and associated smaller businesses. The 7-11, Rite-Aid, and the Auto Zone that are immediately west of 140th Avenue SE are also zoned CB. The La Fuente restaurant and the office spaces that are in the Fairwood Plaza development are zoned CB. There is a group of duplex and triplex buildings that lie immediately north of SE Petrovitsky Road and west of 140th SE that are zoned Office (O). Some of these residential units have been converted to office uses; however, there are many that are still used as residential units. Recommended Renton Prezoning The recommended City of Renton prezoning of the Fairwood Potential annexation area strikes a balance between most closely approximating the existing King County zoning as possible and the application of the City of Renton Comprehensive Plan designations and the zones within each designation. Attachment A shows the recommended prezoning. Below is a brief explanation of each of the areas. Resource Conservation (RC) There are no areas that are recommended to be prezoned with Renton’s RC zone. Residential One Dwelling Unit per Net Acre (R-1) It is recommended that the areas that are within the Renton Comprehensive Plan designation of Residential Low Density and which King County has zoned R-1 be prezoned with Renton R-1 zoning. There are three areas this applies to: ·The parcels at the northern and eastern portion of Lake Desire. (Approximately 90 acres) ·The parcels on both sides of Soos Creek that are designated as Urban Separator 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 58 of 206 Don Persson, Council President Page 7 of 10 August 2, 2010 by King County. This includes parcels owned by King County and by private parties. (Approximately 220 acres) ·The northernmost portion of the King County tract that is at the northern portion of the Fairwood area. (Approximately 48 acres) Residential Four Dwelling Units per Net Acre It is recommended that all of the area remaining that is designated with the Renton Comprehensive Plan Residential Low Density designation be prezoned with Renton R-4 zone. This R-4 recommended prezone applies to the vast majority of the Fairwood area. General descriptions of those areas are: ·Four areas that are zoned by King County as R-4, they are located: o Surrounding Shady Lake (Approximately 170 acres) o Along the northern boundary of the area where the parcels are large, but primarily undeveloped due to environmental constraints. There are three fully developed residential subdivisions in this area. (Approximately 260 acres) o Approximately at the northwestern corner of the Fairwood area. This area also has large parcels that are undeveloped due to environmental constraints, but does have one developed residential subdivision. (Approximately 110 acres) o Along the western boundary at the approximate midpoint. These parcels are large and undeveloped, except for a portion that is likely an extension of a large residential subdivision. (Approximately 60 acres) ·The predominate King County zone in the Fairwood area is R-6. Most parcels are within fully developed large lot subdivisions. However there are some redevelopable large parcels, especially in the area that is south of SE Petrovitsky Road, but north of SE 192nd Street on both sides of 140th Avenue SE. (Approximately 2,560 acres) ·Petrovitsky Park and the golf course. The golf course is zoned both R-24 and R-6 by King County. Petrovitsky Park is zoned R-6 in King County. (Approximately 215 acres) Residential Eight Dwelling Units per Net Acre There are three areas that are recommended to be prezoned with Renton R-8 zone. All three of the areas are fully developed with smaller lot single family residential subdivisions. Those three areas are: ·The Emerald Vista subdivision which lies immediately south of SE Petrovitsky Road along the western boundary of the Fairwood area. (Approximately 6 acres) ·The Woodside at McGarvey Park subdivision which is along the eastern boundary of the area and abuts the Urban Growth Boundary. (Approximately 80 acres) ·The later phases of Woodside at McGarvey Park that are at northernmost portion of the eastern boundary and which abuts the Urban Growth Boundary. (Approximately 15 acres) Residential Ten Dwelling Units per Net Acre There are no parcels that are recommended to be prezoned Renton R-10. 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 59 of 206 Don Persson, Council President Page 8 of 10 August 2, 2010 Residential Fourteen Dwelling Units per Net Acre There are two areas that are recommended to be zoned with Renton R-14 zone, they are: ·A group of three parcels that lie immediately south of SE Petrovitsky Road near the western portion of the Fairwood area. One of the parcels is completely developed with small lot single family homes and two parcels are vacant. All are zoned by King County with R-18 zoning. (Approximately 27 acres) ·A fully built development of townhomes that lies at the southernmost portion of the area. The subdivision name is Jerry’s Place and is zoned R-6 by King County. The average lot size in this area is 2,100 square feet. This small lot size is comparable to the lot sizes in Renton R-14 zone. (Approximately 1 acre) Residential Multi-Family The Renton RMF zone is proposed to be applied to the parcels that have pre-existing multi-family development. These parcels generally abut the commercial portions of the area. This includes: ·The RedMill Condominiums, The Fairwood Landing Apartments, The Fairway Drive Condominiums, the Fairwood Pond Apartments, The Fairwood Downs Apartments, On the Green at Fairwood Condominiums, Fairway Greens Condominiums, Fairway Village Condominiums, Fairwood Apartments, and Heritage at Fairwood Condominiums. These properties are zoned R18 and/or R-24 by King County. (Approximately 185 acres) ·The Fire District 40 Fire Station which is zoned by King County as R-6 (Approximately 1 acre) ·The Merrihill Condominiums zoned R-48 by King County. (Approximately ½ acre) Commercial Arterial The area around the intersection of SE Petrovitsky Road and 140th Avenue SE is the commercial center of the Fairwood community. Those areas recommended to be zoned with Renton CA zone include: ·Properties zoned by King County as Commercial Business (CB), this includes: o The cluster of commercial uses that is north of SE Petrovitsky Road and east of 140th Avenue SE; this area includes the Safeway, other retail businesses, and the Fairwood Plaza development. (Approximately 27 acres) o The cluster of businesses south of SE Petrovitsky Road and east of 140th Avenue SE; this area includes the Albertsons’ and other small retail uses. (Approximately 7 acres) o The area south of SE Petrovitsky Road and west of 140th Avenue SE which includes the Auto Zone, Rite Aid, and 7-11. (Approximately 5 acres) ·The Kindercare Day Care center located along SE Petrovitsky Road. This parcel is zoned by King County as R-6. (Approximately 1 acre) ·The Nativity Lutheran Church located on 140th Avenue SE. This parcel is zoned R-24 by King County. (Approximately 5 acres) ·The group of 10 parcels located north of SE Petrovitsky Road and west of 140th 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 60 of 206 Don Persson, Council President Page 9 of 10 August 2, 2010 SE. These parcels were originally developed with fourplexes. Several of them are being used for businesses such as a chiropractic office and a tattoo shop. (Approximately 2 acres) Commercial Office There are no properties proposed to be prezoned with Renton’s CO zone. Industrial Light There are no properties proposed to be prezoned with Renton’s IL zone. Planning Commission to hold Public Hearings RCW 35.13.178 states that when prezoning an annexation area, “the legislative body of a city or town shall hold two or more public hearings. . .” RMC 2-10-3(B) addresses the issue of Planning Commission holding the required public hearings. It states: “Authority: The City Council and Mayor have designated the Planning Commission to function as the public hearing body for many planning related activities of the City. The Council may, at its discretion, retain this function for any specific project, proposal, or plan.” This provision specifically authorizes the City Council to designate the Planning Commission as the body to hold public hearings and receive public testimony. Pre-annexation zoning is one of the “planning related activities of the City” and as such, qualifies under this provision to be heard by the Planning Commission. Additionally, RMC 4-8-070G specifically sets out the parameters of the Planning Commission’s authority to act, it states that the Planning Commission shall review and act on the following: 1.Comprehensive Plan: Duties related to the Comprehensive Plan as described in chapter 2-10 RMC, Planning Commission. 2.Shoreline Master Program Amendments: Recommendations to City Council regarding Shoreline Master Program Amendments after holding public hearing. 3.Area-Wide Zoning: The Planning Commission, in conducting area land use analysis, may from time to time recommend to the City Council area-wide zonings to implement the recommended amendments to the Comprehensive Plan. 4.Land Use Regulations and Processes: Upon Council request and based upon the goals and policies of the Comprehensive Plan, recommendations to Council regarding effective and efficient land use regulations and processes. Under this, pre-annexation zoning can be viewed both as being related to the City’s Comprehensive Plan (subsection 1) and certainly as a land use process (subsection 4). RMC 2-10-3F specifically outlines the functions of the Planning Commission, it states “Scope Of Review: At the direction or referral by the City Council, the Planning Commission shall review staff proposals, hold public hearings, and submit recommendations to the City Council and the Mayor on the adoption of and amendments to the following: 1.The Comprehensive Plan and new goals and policies. 2.Neighborhood or subarea plans and studies which will amplify and augment the 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 61 of 206 Don Persson, Council President Page 10 of 10 August 2, 2010 Comprehensive Plan. The Commission may conduct periodic planning studies of homogenous community units, distinctive geographic areas, or other types of districts having unified interest within the total area of the City which will amplify and augment the Comprehensive Plan. 3.Shoreline Master Program amendments after holding a public hearing. 4.Land Use Regulations and processes upon Council request. 5.Duties related to Development Regulations and processes as described in RMC 4-8-070. 6.Other land use plans and programs contained in the Commission’s work program, or referred by the City Council. 7.Short-range programs as necessary for implementation of the Comprehensive Plan.” It is important to note that the Planning Commission is merely designated the authority to hold the public hearing. Holding the public hearing does not authorize the Planning Commission to act as the legislative body. The City Council is the legislative body and as such, only the City Council can take legislative action for the City. Thus, it is recommended that the Planning Commission hold the public hearings on behalf of the City Council and then make a recommendation to the City Council. CONCLUSION: In order to provide the residents of the area with complete information about what their land use zoning would be if the area annexed to the City, it is recommended that the area be prezoned. The staff recommendation regarding the specific zoning designations to be applied in the area are outlined above. It is recommended that the Planning Commission hold the public hearings in the matter of the prezoning to consider the staff recommendation, hear the testimony of the public, deliberate the matter, and then forward a recommendation regarding the prezoning to the Council for its consideration and final action. 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 62 of 206 Attachment B King County Comprehensive Plan Designations 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 63 of 206 File Name: H:\EDNSP\GIS_projects\complan_amendment\mxds\cpa2008_M04_King_county_current_zoning.mxd Fairwood Annexation AreaKing County Zoning o02,200 4,4001,100 Feet July 21, 2010 1:5,000 King County Zones R-1 R-4 R-4 R-6 R-6 R-6 R-6 R-18 R-24 CB O R-48 Produced by City of Renton (c) 2008, the City of Renton all rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. Alex Pietsch, AdministratorAdriana Johnson, Planning Technician Department of Community& Economic Development Attachment C 7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 64 of 206 Anticipated R-1 - Residential 1du/acreAfter Comprehensive Plan Amendment R-14 R4 R4 R1 R1 R1 R4 RMF C A R 1 4 R 8 RMFR4 R8 R8 RMF Lake Young Shady Lake Lake Desire Cedar River RC R-8 R-4 R-14 R-1 RMH RM-F R-10 SE Petrovitsky Rd Cedar River Trl 1 4 0 t h A v e S E SE J o n e s R d Lake Youngs Trl 1 4 8 t h A v e S E SE 208th St SE 192nd St Renton Maple Valley Rd S o o s C r e e k T r l SE Fairwood Blvd SE 179 t h S t 1 4 2 n d A v e S E P a r k s i d e W a y S E SE 1 7 6 t h St SE 149th S t 1 2 8 t h A v e S E 140th Way SE 1 3 4 t h A v e S E 1 2 5 t h A v e S E 1 6 1 s t A v e S E 1 3 2 n d P l S E SE 160th P l Woodside Dr SE 126th A ve S E 1 2 9 t h P l S E 1 3 3 r d A v e S E Lake Y oungs Service Rd SE 180th St 1 3 6 t h P l S E 1 4 3 r d P l S E SE 158th St 1 7 4 t h A v e S E S E 1 5 9 t h P l 184th Pl SE SE 202nd Pl 1 3 8 t h A v e S E SE 168th St SE 151st S t SE 1 62 nd P l P e d e strian W alk 1 6 6 t h P l S E 1 5 6 t h P l S E SE 184th St S E 1 8 8 t h W a y SE 170th St 1 6 3 r d P l S E SE 1 8 6th WaySE 188th St SE 171st Pl150th A v e S E Priva te R d1 6 2 n d A v e S E A c c e s s R d 1 8 1 s t A v e S ESE 186th Pl S E 2 1 2 t h P l 1 2 3 r d P l S E 1 5 7 t h P l S E P r i v a t e R d Pedestrian Walk 129th Pl S E P r i v a t e R dAccess Rd Lake Youngs Trl File Name: CED\Planning\GIS\GIS_projects\annexations\fairwood\mxds\attachmentA_fairwood_prezone_july2010.mxd Attachment A - Fairwood Prezone July 21, 2010 Fairwood BoundaryCity LimitsPrezoneCA- Commercial ArterialR-1 - Residential 1du/acre R-4 - Residential 4 du/acreR-8 - Residential 8 du/acreR-14 - Residential 14 du/acreRMF - Residential Multifamily 0 0.60.3 Miles1:30,000 q7f. ‐ Community and Economic Development Department recommends directing the Planning Commission to hold the two required public Page 65 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Golf Course Fee Waiver Meeting: Regular Council - 02 Aug 2010 Exhibits: Letter of request from School District & Fee Waiver Request Form Submitting Data: Dept/Div/Board: Community Services Staff Contact: Kelly Beymer, X6617 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The Hazen, Lindbergh, Liberty and Renton High School golf teams have requested the use of Maplewood Golf Course for their 2010-2011 golf season for practices and matches and have the fees waived. The coaches coordinate their useage and playing times with the Golf Course staff to minimize the impact on the public. Estimated fee waiver is $11,600. Staff recommends approval of this request. STAFF RECOMMENDATION: Approve a golf fee waiver totaling approximately $11,600 for the 2010 golf season for Renton, Lindbergh, Hazen and Liberty High Schools 7g. ‐ Community Services Department recommends approval of a golf course fee waiver in the amount of $11,600 for the Renton, Lindbergh, Page 66 of 206 7g. ‐ Community Services Department recommends approval of a golf course fee waiver in the amount of $11,600 for the Renton, Lindbergh, Page 67 of 206 7g. ‐ Community Services Department recommends approval of a golf course fee waiver in the amount of $11,600 for the Renton, Lindbergh, Page 68 of 206 7g. ‐ Community Services Department recommends approval of a golf course fee waiver in the amount of $11,600 for the Renton, Lindbergh, Page 69 of 206 7g. ‐ Community Services Department recommends approval of a golf course fee waiver in the amount of $11,600 for the Renton, Lindbergh, Page 70 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Fee Waiver for Riverview Park Shelter Meeting: Regular Council - 02 Aug 2010 Exhibits: Fee Waiver Request Submitting Data: Dept/Div/Board: Community Services Staff Contact: Kris Stimpson X6713 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Eastside Domestic Violence Program is sponsoring a bike run raiser on Sunday, September 19, 2010. They would like to use the shelter at Riverview Park for sign ups and a watering station. EVVP is a domestic violence service provider in WA and serves all of east and north King County. This group serves the greater Renton community answering 211 calls and providing shelter space. They additionally partner to increase awareness around domestic violence and to let people know they are not along and there is help. The shelter will be used for sign ups for their 'walk' and as a watering station for participants. The rental fee for all day would be $300. STAFF RECOMMENDATION: Approve a $300 fee waiver.request by the EDVP for a shelter at Riverview Park for a bike run fund raiser 7h. ‐ Community Services Department recommends approval of a shelter rental fee waiver in the amount of $300 for an Eastside Domestic Page 71 of 206 7h. ‐ Community Services Department recommends approval of a shelter rental fee waiver in the amount of $300 for an Eastside Domestic Page 72 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: West Hill Annexation Election Meeting: Regular Council - 02 Aug 2010 Exhibits: Issue Paper Resolution Submitting Data: Dept/Div/Board: Executive Staff Contact: Marty Wine, x6526 Recommended Action: Refer to Committee of the Whole Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: For an annexation petition by election, RCW 35A.14.050 requires that a city will state its preference for election to King County within 30 days of the receipt of the Boundary Review Board's decision. For the West Hill annexation, the decision of whether and when to place the West Hill annexation on the ballot is now before the City Council for decision by August 12, 2010. The Administration is recommending not placing the annexation question before West Hill voters on the basis of the significant estimated financial gap between costs and revenues for operating, capital and one-time transition costs. Renton has worked over the last year to identify resources and funding that can be brought to revitalize West Hill and also to phase and plan for costs to make annexation funding sustainable. Those funding requests continue today with a request to King County for financial assistance, and could change this recommendation if a pathway for funding can be found prior to August 12. The city has lobbied for resources to help with annexation in our state and federal legislative agendas, and has met with community members and several foundations to identify the funding need and ask for assistance. While the city has preserved funding options from the state sales tax credit by commencing the West Hill annexation by January 1, 2010 and to allow for the possibility of funding assistance from our intergovernmental partners, the City's policy stance has been to welcome areas who want to annex but at the same time the City must maintain service levels to our current residents. The funding estimates for this area do not meet those conditions; and the combined financial effect of the Fairwood and West Hill annexation areas' service needs are estimated to create financial shortfalls for Renton now, and a decade from now, when the sales tax credit expires. From a business perspective, the annexation proposal is not sustainable and would present very significant financial challenges on top of service reductions the City has already sustained since 2008 with the economic downturn. STAFF RECOMMENDATION: Approve a resolution declining to place the question of West Hill annexation before voters in the area. 7i. ‐ Executive Department recommends adoption of a resolution declining to place the issue of West Hill annexation bedfore voters in Page 73 of 206 7i. ‐ Executive Department recommends adoption of a resolution declining to place the issue of West Hill annexation bedfore voters in Page 74 of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i. ‐ Executive Department recommends adoption of a resolution declining to place the issue of West Hill annexation bedfore voters in Page 75 of 206 %. , % 2 % * - ? % % 2 % * - % ) % % +% 5 # % % 2 2 % % ? % % % & %& 5 ! 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" - " $( (! !( " 5 % & % 2% + ( 3 + . ) ) % +% % % % )% % % * % 2 2 % . %2 2 . %2 % % % &% % 2% 9 % -5 ' 2 2 % 2 % . % % % % ( %22 ) . % % 5 # ! 8 ) %22 ) % +% % % % % ( & % 2 % %9 % +% ) % % A5 * + % & . 2 % . % % 5- ' % % A % 6 % ) % % %. ) 5 & ! % % % % % . & % 5,< 2 % & 2 ) 7i. ‐ Executive Department recommends adoption of a resolution declining to place the issue of West Hill annexation bedfore voters in Page 76 of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i. ‐ Executive Department recommends adoption of a resolution declining to place the issue of West Hill annexation bedfore voters in Page 77 of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· N 2 %22 % % & % % & & % + & % % . ) ) C · . % ! 8 & % % . % % ) % % .6 C % % & ) % % . ) % ( ) ! 8 % % % + % & % % % ( & % % % & & % %+ +2 C 7i. ‐ Executive Department recommends adoption of a resolution declining to place the issue of West Hill annexation bedfore voters in Page 78 of 206 %. , , · % 2 % . . & % % %9 %)% % & ) % % % +% C "% ( ( %% " ''( & $ ( ! " - ' @! $ ) $ ( & ( ( + ( & + % % ) % 2 2 & ) 2 &% % ) ! 8 % % ) % % 2 % +% 2 % 2 % 2 . . % ) % % +% 5 # % % 2 2 % ? % % % & %& 5 ! % 2 % 2 ) & 9 . % 2 % 9 ) ) %22 % 5 ' & % % 5 & % +2 % ! 8 % 2 % % +% % ) +2 % % % +% & 5 9 & % ) & % . %9 % +% % % % % & 2 % % % ) ) % %5 7i. ‐ Executive Department recommends adoption of a resolution declining to place the issue of West Hill annexation bedfore voters in Page 79 of 206 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLINING TO PUT THE QUESTION OF ANNEXATION OF THE WEST HILL ANNEXATION AREA ON THE BALLOT. WHEREAS, the City of Renton has, within its Potential Annexation Area, unincorporated territory commonly referred to as the West Hill Annexation Area, which area is contiguous to the corporate limits of the City; and WHEREAS, the City was presented with a 10% petition to annex the area known as the West Hill Annexation Area; and WHEREAS, the City Council directed the City Clerk to file the petition with the King County Boundary Review Board for hearing; and WHEREAS, such hearing was held on June 7, 2010; and WHEREAS, the King County Boundary Review Board approved the proposed annexation as submitted, by decision dated July 9, 2010, with the decision being received by the City on July 12, 2010; and WHEREAS, the City's 2011-16 Business Plan states the City of Renton's policy to maintain services to current residents while welcoming annexation areas that desire to become part of the City; and WHEREAS, the City must be able to fund municipal services in annexation areas without reducing levels of service within the current boundaries; and WHEREAS, the City estimates the proposed cost of ongoing operations to serve the West Hill Annexation Area to be $11.1 million, and revenues from the area plus state sales 7i. ‐ Executive Department recommends adoption of a resolution declining to place the issue of West Hill annexation bedfore voters in Page 80 of 206 RESOLUTION NO. credit funding to total $9.4 million, resulting in a $1.7 million shortfall in the first year after annexation; and WHEREAS, the annual gap in operations is expected to grow to over $4 million annually in the tenth year following annexation when the support from the sales tax credit from the State of Washington expires; and WHEREAS, the City further expects one-time transition costs for vehicles, equipment and to start providing services to be $2.8 million, which the City has not yet identified funding for; and WHEREAS, the City has identified to the extent practicable the West Hill Annexation Area's long-term capital and infrastructure needs for parks, drainage and streets of approximately $4 million annually that would need to be eventually phased and funded if annexation was approved by voters; and WHEREAS, the City has reached out to federal, state, county, and non-profit sources of funding to partner together to find ways to fund services if annexation was approved without securing commitments for adequate funding to close the gaps in funding; and WHEREAS, based on the above financial information the City Administration has recommended to the Council that the question of annexation for the West Hill Annexation Area not be put on the ballot; and WHEREAS, the City is authorized to submit annexations to the voters via election pursuant to RCW 35A.14.070; and WHEREAS, the City Council of the City of Renton, Washington, has determined that it would not be in the best interests and general welfare of the City of Renton to submit to the 7i. ‐ Executive Department recommends adoption of a resolution declining to place the issue of West Hill annexation bedfore voters in Page 81 of 206 RESOLUTION NO. voters the question of annexation of the property within the City's established Potential Annexation Area known as the West Hill Annexation Area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. In concert with the Administration's recommendation, the question of annexation of the West Hill Annexation Area should not be placed on the ballot at this time. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES:1472:7/20/10:scr 7i. ‐ Executive Department recommends adoption of a resolution declining to place the issue of West Hill annexation bedfore voters in Page 82 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Amend Department Title from Finance and Information Services to Finance and Information Technology Meeting: Regular Council - 02 Aug 2010 Exhibits: Ordinance Submitting Data: Dept/Div/Board: Finance & Information Services Staff Contact: Iwen Wang, Administrator Recommended Action: Council concur. Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: The proposed ordinance will change the title of "Information Services" (IS) division to "Information Technology" (IT) to better reflect the nature and functionality of the division. As the information technology industry has changed greatly over the past two decades, the nature and functionality of this internal support division has also changed significantly. In the late 80's and early 90's, the computing power resides in mainframe or mini computers that reside in a centrally operated IS division. The function of the traditional IS services focused on very few core systems, such as financial management systems, providing data input, report generation, and centralized data analysis. With the increased power of personal computers and the improved computing literacy of personnel using these systems, users today have more control over their data, able to design and generate their own reports, and process many analysis with office productivity tools such as Excel and Access on their desktop/laptop computers. Therefore the function of today's IT services focuses on providing the infrastructure, tools, and software for users to access data and compile their own reports and generate information to meet their own needs. The name "Information Technology" better reflects the evolution of the Division's role from providing data processing and information to providing the technologies behind the information. STAFF RECOMMENDATION: Adopt Ordinance amending Finance and Information Services to Finance and Information Technology. 7j. ‐ Finance and Information Services Department requests approval to change the department title to the Finance and Information Technology Page 83 of 206 7j. ‐ Finance and Information Services Department requests approval to change the department title to the Finance and Information Technology Page 84 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Washington State Military Department and Department of Homeland Security Emergency Management Performance Grant (EMPG) E10-316 Meeting: Regular Council - 02 Aug 2010 Exhibits: Issue Paper 2010 EMPG Contract E10-316 2010 EMPG Contract E10-316 Amendment A 2010 EMPG Signature Authorization Form Submitting Data: Dept/Div/Board: Fire & Emergency Services Staff Contact: Deborah Needham Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 121,546 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $121,546 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The purpose of the Emergency Management Performance Grant (EMPG) is to assist the development, maintenance and improvement of local emergency management programs. The EMPG provides supplemental funding to support the key components of a comprehensive national emergency management system for disasters and emergencies that may result from natural disasters or accidental or man-caused events. Grant funds will be expended during FFY 2010, per requirements of the EMPG. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract #E10- 316 in the amount of $121,546.00, corresponding amendment and signature authorization form. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 85 of 206 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 86 of 206 DHS-FEMA-EMPG-FFY 10 Page 1 of 21 City of Renton Fire and Emergency Services Department E10-316 Washington State Military Department CONTRACT FACE SHEET 1. Contractor Name and Address: City of Renton Fire and Emergency Services Department 1055 South Grady Way Renton, WA 98057 2. Contract Amount: $121,546 3. Contract Number E10-316 4. Contractor’s Contact Person, phone number: Kelly Carey, (425) 430-7053 kcarey@rentonwa.gov 5. Contract Start Date: October 1, 2009 6. Contract End Date: March 31, 2011 7. MD Program Manager/phone number: Charma Anderson, (253) 512-7064 c.anderson@emd.wa.gov 8. Data Universal Numbering System (DUNS #): 092278894 9. UBI # (state revenue): 177-000-094 10. Funding Authority: Washington State Military Department (Department) and the U.S. Department of Homeland Security (DHS) 11. Funding Source Agreement #: 2010-EP-EO-0027 12. Program Index # & OBJ/SUB-OJ 703PT NZ 13. CFDA # & Title: 97.042 EMPG 14. TIN or SSN: 91-6001271 15. Service Districts: (BY LEGISLATIVE DISTRICT): 5,11,37,41,47 (BY CONGRESSIONAL DISTRICT): 7,8,9 16. Service Area by County(ies): King County 17. Women/Minority-Owned, State Certified?: X N/A  NO  YES, OMWBE #_________ 18. Contract Classification:  Personal Services  Client Services X Public/Local Gov’t  Collaborative Research  A/E  Other________ 19. Contract Type (check all that apply): X Contract  Grant  Agreement  Intergovernmental (RCW 39.34)  Interagency 20. Contractor Selection Process: X “To all who apply & qualify”  Competitive Bidding  Sole Source  A/E RCW  N/A  Filed w/OFM?  Advertised?  YES NO _______ 21. Contractor Type (check all that apply)  Private Organization/Individual  For-Profit X Public Organization/Jurisdiction X Non-Profit  VENDOR X SUBRECIPIENT  OTHER 22. Brief Description: Provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency management programs. The purpose of the funding is to support and enhance day-to-day emergency management operations. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special T erms and Conditions, General Terms and Conditions (Exhibit A), Statement of Work (Exhibit B) and Budget (Exhibit C) and the attached Contractor’s Scope of Work (Attachment A) govern the rights and obligations of both parties to this contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) Any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this contract on the day and year last specified below. FOR THE DEPARTMENT: _____________________________________________ Signature Date James M. Mullen, Director Emergency Management Division Washington State Military Department APPROVED AS TO FORM: Brian E. Buchholz (signature on file) 3/12/2010 Assistant Attorney General FOR THE CONTRACTOR: __________________________________________ Signature Date Denis Law, Mayor for City of Renton Fire and Emergency Services Department Attest: _____________________________________ Bonnie Walton, City Clerk Form 10/27/00 kdb 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 87 of 206 DHS-FEMA-EMPG-FFY 10 Page 2 of 21 City of Renton Fire and Emergency Services Department E10-316 SPECIAL TERMS AND CONDITIONS ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department. Cumulative changes to budget categories in excess of 10% of the contract award will not be reimburs ed without the prior written authorization from the Department. Budget categories are as specified or defined in the budget sheet of the contract. ARTICLE II -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contr actor shall prepare and submit the following reports to the Department’s Key Personnel: Financial #/Copies Due Date Invoices 1 Within 30 days after the end of the period in which the work was performed. Invoices must be submitted no more often than monthly and it is recommended that invoices be submitted at least bi-annually. Final Invoice 1 No later than 45 days following the (shall not exceed overall contract amount) contract end date Program #/Copies Due Date Midterm Report Electronic July 15, 2010 Final Report Electronic No later than 45 days following the contract end date The Midterm Report and the Final Report will be submitted by email to the EMPG Program Assistant. Failure to meet all of the reporting and invoicing deadlines will prohibit the Contractor from being reimbursed and will prevent vetting of equipment requests while contract requirements are outstanding. All contract work must end on the contract end date, including receipt of supplies and equipment, however the Contractor has up to 45 days after the contract end date to submit all final reports, invoices, and/or deliverables. ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be made by written notification to the Military Department. CONTRACTOR: MILITARY DEPARTMENT: Name Kelly Carey Name Charma Anderson Title Administrative Secretary I Title EMPG Program Manager E-Mail kcarey@rentonwa.gov E-Mail c.anderson@emd.wa.gov Phone (425) 430-7053 Phone (253)512-7064 Name Sierra Wardell Title EMPG Program Coordinator E-Mail s.wardell@emd.wa.gov Phone (253) 512-7121 Name Charles Tomala Title EMPG Program Assistant E-Mail c.tomala@emd.wa.gov Phone (253) 512-7470 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 88 of 206 DHS-FEMA-EMPG-FFY 10 Page 3 of 21 City of Renton Fire and Emergency Services Department E10-316 ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with all financial and procurement guidance, applicable laws and regulations, including competitive processes and other procurement requirements. A non-exclusive list of regulations commonly applicable to DHS grants is: 1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations (formerly OMB Circular A-110). 2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian tribal Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A- 21); 2 CFR Part 230, Cost Principles for Non-Profit Organizations (formerly OMB Circular A-122) and Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 3. Audit Requirements: OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. 4. Duplication of Benefits: There may not be a duplication of any Federal assistance, per 2 CFR Part 225, Basic Guidelines Section C.3 (c), which states: Any cost allocable to a particular Federal award or cost objective under the principles provided for in this Authority may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons. However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with existing program agreements. Non-governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and FAR Part 31.2. ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) solely for the use of supporting emergency management programs as provided by the Emergency Management Performance Grant (EMPG). Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 2. The Contractor shall provide a match of $121,546 of non-federal origin. Match (cost share) may be cash or in-kind. The grantee contributions must be reasonable, allowable, allocable and necessary under the grant program and must comply with all Federal requirements and regulations. 3. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this contract prior to distribution of appropriated federal funds. The Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. 4. The Contractor agrees that in order to receive Federal Fiscal Year 2010 (FFY10) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2010 must be met. Applicants will be required to certify as part of their FFY10 EMPG applications that they have met the FFY09 NIMS requirements and will meet the FFY10 NIMS requirements. The NIMS Integration Center (NIC) web page, http://www.fema.gov/emergency/nims/index.shtm, is updated regularly with information about the NIMS. The website can also be used as a useful tool to determine the extent to which the jurisdiction is already compliant, as well as identify the NIMS requirements the jurisdiction has not yet met. 5. Grant funds may not be used to replace or supplant existing funding. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 89 of 206 DHS-FEMA-EMPG-FFY 10 Page 4 of 21 City of Renton Fire and Emergency Services Department E10-316 ARTICLE VI – PROCUREMENT AND FINANCIAL MANAGEMENT: 1. All sole source contracts over $100,000 must be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to all of the Contractor’s subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors’ sole source justifications. 2. All contracts with individual consultants that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must be passed on to all of the Contractor’s subcontractors, at which point the Contractor will be responsible f or reviewing and approving their subcontractors’ contract. 3. No costs will be reimbursed in advance of their being incurred by the Contractor. 4. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 5. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. 6. Requests for reimbursement of equipment purchases will include a copy of the vendor’s invoice and packing slip or a statement signed and dated by the Contractor’s authorized representative that states “all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements”. 7. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates which can be found at http://www.gsa.gov. ARTICLE VII – EQUIPMENT MANAGEMENT: All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and maintained in the Contractor’s equipment inventory system. 1. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub- grant agreement, or other means of legal transfer of ownership is in place. 2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 3. The Contractor shall maintain equipment records that include: a description of the property; the manufacturer’s serial number, model number, or other identification number; the source of the equipment, including the Catalog of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Contractor for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings involving the records have been resolved. 5. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Contractor to determine the cause of the difference. The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 90 of 206 DHS-FEMA-EMPG-FFY 10 Page 5 of 21 City of Renton Fire and Emergency Services Department E10-316 7. The Contractor will develop adequate maintenance procedures to keep the property in good condition. 8. If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 9. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Federal-sponsoring agency for its share. 10. As a subrecipient of federal funds the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and subrecipients who receive pass-through funding from this contract. ARTICLE VIII – SUBRECIPIENT MONITORING: The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment purchased under this contract. The goal of the Department’s monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Monitoring activities may include:  review of performance reports;  monitoring and document the completion of contract deliverables;  documentation of phone calls, meetings, e-mails and correspondence;  review of reimbursement requests to ensure allowability and consistency with contract budget;  observation and documentation of contract related activities, such as exercises, training, funded events and equipment demonstrations;  on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. As a subrecipient of federal funds, the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all subcontractors, consultants, and subrecipients who receive pass-through funding from this contract. ARTICLE IX– ENVIRONMENTAL AND HISTORIC PRESERVATION: The Contractor shall ensure full compliance with FEMA’s Environmental and Historic Preservation (EHP) Program. Information about these requirements can be found on pages 28-30 of the EMPG FFY10 Program Guidance located at http://www.fema.gov/pdf/government/grant/2010/fy10_empg_kit.pdf or on FEMA’s website at http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm. The Contractor agrees that to receive any federal preparedness funding, all Environmental and Historical Protection (EHP) Program compliance requirements outlined in applicable guidance must be met. The Contractor is advised that any project with the potential to impact natural or biological resources or historic properties, including but not limited to, communication towers, physical security enhancements, new construction, renovation, or modification to buildings or structures, cannot be initiated until FEMA has completed the required EHP review. All other projects, including training and exercise activities, must be evaluated to determine impact. If impact is identified they must also go through an EHP review. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 91 of 206 DHS-FEMA-EMPG-FFY 10 Page 6 of 21 City of Renton Fire and Emergency Services Department E10-316 Exhibit A Subrecipient Washington Military Department GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract. "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipient" shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. c. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. d. “Recipient”– a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. e. “Pass-Through Entity” means the Washington State Military Department as it is applied to this contract. As found in SAAM 50.30.30 – “A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program.” f. “Nonfederal Entity” is defined as a state local government or nonprofit organization (as defined in federal Circular A-133). g. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. h. “Federal Financial Assistance” – Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations or other assistance. It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals. i. “Grant” - For the purposes herein, the term “grant” may be used to mean “contracts” or “grants” or “agreements”. j. “CFDA Number” – The five-digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse. k. “CFR” – Code of Federal Regulations l. “OMB” – Office of Management and Budget m. “RCW” - Revised Code of Washington n "WAC" - Washington Administrative Code. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 92 of 206 DHS-FEMA-EMPG-FFY 10 Page 7 of 21 City of Renton Fire and Emergency Services Department E10-316 2. SUBRECIPIENT MONITORING a. The Department, as a Recipient and/or Pass-Through Entity, receives federal financial assistance under federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and monitoring of subrecipient grant activities using federal financial assistance. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal Register. The Department shall adhere to its Subrecipient Monitoring Policy (Finance Policy 02-006-06) and the Subrecipient Monitoring Procedures (Finance Procedure 02-006-06). b. The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor’s performance. The Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined as any planned, ongoing, or periodic activity that measures and reasonable assurance of contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. Monitoring may include periodic contractor reporting to the Department, Department review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate documentation is essential for effective contract monitoring and will include copies of letters, meeting n otes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely on a once-a-year audit. The Contractor agrees to cooperate with all monitoring activities and to comply with reporting requirements. The Department as the Recipient and/or Pass-Through Entity will conduct on-site visits as appropriate and required by contract for “for-profit” subrecipients, since the A-133 Single Audit does not apply to “for-profit” organizations. 3. RECORDS, MONITORING AND AUDIT ACCESS a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b. Access to public records-The Contractor acknowledges that the Department is subject to the Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained by the Department relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection and copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records. c. The Contractor shall maintain all books, records, documents, data, and other evidence relating to this contract and the provision of any materials, supplies, services and/or equipment under this contract herein, including, but not limited to, records of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by personnel duly authorized by the Department, the Washington State Auditor’s Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from the end date of this contract, date of final payment or conclusion of services performed under this contractor, whichever is later. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 93 of 206 DHS-FEMA-EMPG-FFY 10 Page 8 of 21 City of Renton Fire and Emergency Services Department E10-316 d. Contractor shall provide right of access to its facilities and records to the Department and any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. 4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 is available on the OMB Home Page at http://www.omb.gov and then select “Grants Management” followed by “Circulars”. Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the Washington State Auditor’s Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to Department requests f or information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Once the single audit has been completed, the Contractor must send a full copy of the audit to the Department and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no la ter than nine (9) months after the end of the Contractor’s fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. 5. RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with applicable state and federal laws and/or the provisions of this contract, the Department reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such right of recapture shall exist for a period not to exceed six (6) years following contract termination or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. The Department is required to institute legal proceedings to enforce the recapture provision. 6. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 94 of 206 DHS-FEMA-EMPG-FFY 10 Page 9 of 21 City of Renton Fire and Emergency Services Department E10-316 This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42.56); Drug- Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictions (31 U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regulations. The Department is not responsible for advising the Contractor about, or determining the Contractor’s compliance with, applicable laws, regulations and policies. In the event of the Contractor’s or a subcontractor’s noncompliance or refusal to comply with any applicable law, regulation or policy, the Department may rescind, cancel, or terminate the contract in whole or in part. The Contractor is responsible for any and all costs or liability arising from the Contractor’s failure to comply with applicable law, regulation or policy. 7. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. Nondiscrimination laws and policies (such as RCW 49.60, Washington’s Law Against Discrimination, and Title VII of the Civil Rights Act). 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101 et seq. and 28 C.F.R Part 35 and other implementing regulations. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Contractor is encouraged to utilize firms that are certified by the Washington State Office of Minority and Women’s Business Enterprises as minority-owned and/or women-owned in carrying out the purposes of this contract. 10. PUBLICITY The Contractor agrees to submit to the Department all advertising and publicity relating to this contract wherein the Department’s name is mentioned or language used from which the connection of the Department’s name may, in the Department’s judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity without the prior written consent of the Department. 11. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Department or as required to comply with the Public Records Act or court order. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by the Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 95 of 206 DHS-FEMA-EMPG-FFY 10 Page 10 of 21 City of Renton Fire and Emergency Services Department E10-316 Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the “General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs” which can be found at www.epls.gov. 13. LIMITATION OF AUTHORITY -- "Authorized Signature" The signatories to this contract represent that they have the authority to bind their respective organizations to this contract. Only the assigned Authorized Signature for each party, or the assigned delegate by writing prior to action, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Signature(s). 14. CONTRACTOR NOT EMPLOYEE – INDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The Contractor and/or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever, and will not be presented as nor claim to be officers or employees of the Department or of the State of Washington by reason hereof, nor will the Contractor and/or employees or agents performing under this contract make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest" shall be submitted to the Department. 15. NONASSIGNABILITY This contract, the work to be provided under this contract, and any claim arising thereunder, are not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 16. SUBCONTRACTING Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Department. Contractor shall use a competitive process in award of any contracts with subcontractors that are entered into after original contract award. All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference. In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the Department for any breach in the performance of the Contractor's duties. The Military Department may request a copy of any and/or all subcontracts for work being completed under this contract. 17. CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract or grant. Any such changes that are mutually agreed upon by the Department and the Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 96 of 206 DHS-FEMA-EMPG-FFY 10 Page 11 of 21 City of Renton Fire and Emergency Services Department E10-316 18. SEVERABILITY In the event any term or condition of this contract, any provision of any document incorporated by reference, or application of this contract to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. 19. ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this contract. Contractor shall not invoice the Department in advance of delivery of such goods or services. 20. TAXES, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance. 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example: parking lots that do not provide receipts) that are authorized under this contract. 22. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington. 23. HOLD HARMLESS AND INDEMNIFICATION Each party to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. 24. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by The Adjutant General or the Authorized Signature for the Department and attached to the original contract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed u pon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. 26. ATTORNEY’S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney’s fees and costs. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 97 of 206 DHS-FEMA-EMPG-FFY 10 Page 12 of 21 City of Renton Fire and Emergency Services Department E10-316 27. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the Department may reduce its scope of work and budget or unilaterally terminate all or part of the contract as a “Termination for Cause”, without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under “Contract Modifications” to comply with new funding limitations and conditions, although the Department has no obligation to do so. 28. TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Contractor has failed to fulfill in a timely and proper manner its obligations under this contract, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor unable to perform any aspect of the contract, or has violated any of the covenants, agreements or stipulations of this contract, the Department has the right to immediately suspend or terminate this contract in whole or in part. The Department may notify the Contractor in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Contractor an opportunity to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for cure shall not diminish or eliminate the Contractor’s liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Contractor an opportunity to cure, the Department shall notify the Contractor in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the contract may be terminated in whole or in part. The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the Department to terminate the contract in whole or in part. In the event of termination, the Contractor shall be liable f or all damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform was outside of the Contractor’s control, fault or negligence, the termination shall be deemed to be a “Termination for Convenience”. 29. TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department’s Key Personnel identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this contract, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this contract in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds. In the event of termination, the Contractor shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 98 of 206 DHS-FEMA-EMPG-FFY 10 Page 13 of 21 City of Renton Fire and Emergency Services Department E10-316 30. TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this contract, the Contractor shall follow any procedures specified in the termination notice. Upon termination of this contract and in addition to any other rights provided in this contract, the Department may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated. If the termination is for convenience, the Department shall pay to the Contractor the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of contract termination, and the amount agreed upon by the Contractor and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this contract. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Contractor for termination. The Department may withhold from any amounts due the Contractor such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Contractor shall: a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to this contract except as may be necessary for completion of such portion of the work under the contract as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Department has or may acquire an interest. AAG Approved 9/12/2007 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 99 of 206 DHS-FEMA-EMPG-FFY 10 Page 14 of 21 City of Renton Fire and Emergency Services Department E10-316 Exhibit B Statement of Work FFY 2010 Emergency Management Performance Grant Program INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD) receives funding each year from the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG). The funding assists state and local governments enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93 -288, as amended, 42 U.S.C. 5121-5207). Funds for the FFY 2010 EMPG program are appropriated under the Department of Homeland Security Appropriations Act, 2010 (Public Law 111-83). A portion of FY2010 EMPG grant has been identified by the state to be passed through to local jurisdictions and tribes that have emergency management programs to supplement their local/tribal operating budgets. Each jurisdiction or tribe, that applied and meets the qualifications specified in WAC 118-09 regarding emergency management assistance funds, is awarded a contract based on the size of their agency’s emergency management operating budget. The Scope of Work outlines the activities and deliverables the Contractor has identified to be performed for FFY10 EMPG. The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the contract deliverables during the contract performance period. The Budget Sheet outlines the Contractor’s emergency management operating budget (excluding federal funds) that is dedicated to emergency management activities, upon which their award is based. City of Renton Fire and Emergency Service Department (herein known as the Contractor) agrees to the following: GENERAL PROGRAM REQUIREMENTS: 1. Report progress on deliverables and advise the Military Department, in writing, of necessary adjustments to the content of the contract, including modification of the local/tribal emergency management budget. Performance reports will be submitted by email to the EMPG Program Assistant as required in the contract Milestones. 2. Adhere to all administrative, financial and procurement guidance, including competitive processes and other procurement requirements, to include: Office of Management and Budget (OMB) Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations), Federal Emergency Management Agency’s codified regulations, 44 CFR Part 13 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) and 2 CFR Part 225 (Cost Principles for State, Local, and Indian tribal Governments), and Federal Acquisition Regulations (FAR), Part 31.2, Contract Cost Principles and Procedures, Contracts with Commercial Organizations. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent.  Adhere to DHS requirements that all sole source contracts over $100,000 be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to all of the Contractor’s sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors’ sole source justifications.  Adhere to DHS requirements that all contracts with individual consultants, that ar e not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must be passed on to all of the Contractor’s sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors’ contract. 3. Plan and implement equipment purchases, exercises, training, planning, organizational expenses and management/administration in accordance with the FFY10 Emergency Management Performance Grant Program Guidance as well as all subsequent policy changes, which can be found at: http://www.fema.gov/pdf/government/grant/2010/fy10_empg_kit.pdf. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 100 of 206 DHS-FEMA-EMPG-FFY 10 Page 15 of 21 City of Renton Fire and Emergency Services Department E10-316 4. Ensure that all sub-contractors are in compliance with the FFY10 Emergency Management Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of activities. 5. Exercises that are implemented with grant funds must meet the requirements of the FFY10 Emergency Management Performance Grant. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department. 6. A mechanism must be in place to capture, track and document match. 7. No more than 3% of the total grant award may be used on Management and Administrative expenditures. 8. FEMA reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: a. the copyright in any work developed under an award or sub-award; and b. any rights of copyright to which the Contractor purchases ownership with Federal support. The Contractor must agree to consult with FEMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 9. All publications created with funding under the FFY10 EMPG grant award shall prominently contain the following statement: "This document was prepared under a grant from the Federal Emergency Management Agency’s Grant Programs Directorate (FEMA/GPD) within the U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the U.S. Department of Homeland Security." 10. Submit monthly requests or at least bi-annually for reimbursement to the Department, signed and approved, invoice vouchers (State Form A-19) and a Reimbursement Spreadsheet to the Department for costs incurred and certifying match requirement has been met. 11. No costs will be paid in advance of their being incurred by the Contractor. 12. No equipment or supply costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 13. No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed federal maximum rates which can be found at http://www.gsa.gov. 14. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. Requests for reimbursement of equipment purchases will include a copy of the vendor’s invoice and packing slip. CONTRACTOR TASKS: 1. Perform activities described in the attached Contractor’s Scope of Work (see Attachment A). 2. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks. 3. Complete all work under the contract by the contract end date, to include receipt of approved equipment items and supplies. THE MILITARY DEPARTMENT AGREES TO: 1. Manage and administer the FFY10 Emergency Management Performance Grant Program. 2. Provide program assistance and coordination with FEMA where necessary. 3. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which includes all documentation of expenditures as required. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 101 of 206 DHS-FEMA-EMPG-FFY 10 Page 16 of 21 City of Renton Fire and Emergency Services Department E10-316 MILESTONES FFY10 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2009 Start of performance period. April 2009 Contract Execution. July 15, 2010 Submission of Midterm Report. March 31, 2011 End of performance period. May 15, 2011 Submit all final reports and requests for reimbursement. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 102 of 206 DHS-FEMA-EMPG-FFY 10 Page 17 of 21 City of Renton Fire and Emergency Services Department E10-316 Exhibit C Budget Sheet FFY10 Emergency Management Performance Grant Program LOCAL/TRIBAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY Category 2010 Local Funds Budget* Salaries and Benefits $403,517 In-Direct Costs $0 Travel $2,354 Equipment $0 Supplies $6,500 Telephones $5,484 IT $65,358 Printing $500 Janitorial/Maintenance $0 Auto Lease $13,122 Space Rental $33,851 Insurance $0 Subcontractor $43,500 Other $90,000 Total All Program Costs $664,186 FFY10 EMPG Award $121,546 The City of Renton Fire and Emergency Services Department award is $121,546. This is based on the FFY10 allocation factor of 18.3% of approved local/tribal emergency management operating budgets. This award will not be used to supplant the existing local/tribal funds identified above. The Department’s Reimbursement Spreadsheet will accompany each reimbursement request submitted. In addition, the Contractor agrees to make all records available to Military Department staff, upon request. A total of 3% of this award can be used to pay for management and administration of this contract. If the local/tribal emergency management operation budget should change, as the award contract amount is based on the budget, an amendment may have to be issued modifying the award contract amount. * No federal funds are included in the local emergency management operating budget. Funding Source: U.S. Department of Homeland Security - PI# 703PT – EMPG 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 103 of 206 DHS-FEMA-EMPG-FFY 10 Page 18 of 21 City of Renton Fire and Emergency Services Department E10-316 Attachment A Scope of Work FFY10 Emergency Management Performance Grant Program Agency: Renton Fire and Emergency Services Department Washington State does not require a specific number of activities to receiv e EMPG funding, however, there are required activities that must be scheduled and conducted in order to remain eligible for EMPG funding. The Scope of Work proposed must be proportionate to the level of local funding and anticipated EMPG funding. Required Activities Certify that your Agency understands the following required activities are to be completed between January 1, 2010 and December 31, 2010: YES Please enter the approval date of latest CEMP: 1/20/2009 Emergency Management Function Activity Deliverable Performance Measures Timeline Communications & Warning 1. Participate in all scheduled National Warning System (NAWAS) tests and exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary Warning Point. This is the on-going test of the statewide warning fan-out as outlined in the State CEMP and warning annex. All emergency management jurisdictions must be a part of this fan-out. a. Ensure jurisdiction is incorporated into the fan out. b. Participate in scheduled tests. Jurisdiction will be better prepared to activate NAWAS in an emergency. Success will be measured through the number of successful NAWAS tests completed. Ongoing Communications & Warning 2. Work with EMD to ensure Comprehensive Emergency Management Network (CEMNET) capability is maintained and participate in scheduled testing between local Emergency Operations Center (EOC) or similar facility and the state EOC. Communicate regularly with EMD to retain CEMNET capability and participate in testing as scheduled. Jurisdiction will be better prepared to use CEMNET in an emergency. Success will be measured by the number of scheduled tests the jurisdiction participates in. Ongoing Communications & Warning 3. Develop and/or update local plans and equipment for use of amateur radio (HAM bands) through the Radio Amateur Civil Emergency Service (RACES) program and the state RACES plan. Update local plans and equipment as necessary. Jurisdiction will be better prepared to utilize RACES volunteers, particularly if other communication capabilities are inoperable, in an emergency. 12/1/2010 Communications & Warning 4. Where possible, work with the Local Area Emergency Alert System (EAS) Committee (LAECC) to complete an EAS plan and the Local Relay Network (LRN) per existing guidance from the FCC, FEMA and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. Develop/update an EAS Plan as needed. Update plans will result in an improved capability to utilize EAS in an emergency. 12/31/2010 Communications & Warning 5. Participate in all scheduled EAS tests commensurate with your EAS plan and operational status of your LRN. Participate as scheduled. Jurisdiction will be better prepared to activate EAS in an emergency. Success will be measured by the number of scheduled tests the jurisdiction participates in. Ongoing 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 104 of 206 DHS-FEMA-EMPG-FFY 10 Page 19 of 21 City of Renton Fire and Emergency Services Department E10-316 Communications & Warning 6. Notify the state EOC immediately upon activation of local EOC. Provide Situation Reports (SITREPS) at least daily. Submit a daily Situation Report to the state EOC during activation. Coordination between the state and the local EOC will improve response capabilities during an event. Ongoing Program Management 7. Be fully compliant with Federal National Incident Management System (NIMS) compliance requirements. Failure to meet NIMS compliance requirements will result in the loss of federal preparedness funding. Please contact Jim Kadrmas, EMD, at 253-512-7027 or j.kadrmas@emd.wa.gov if you have questions. Demonstrate NIMS adoption and compliancy. Emergency responders will have a uniform set of processes and procedures thus improving all-hazard incident response capabilities. 9/30/2010 Exercises, Evaluations & Corrective Actions 8. Each jurisdiction receiving EMPG funds must participate in the design, conduct and evaluation of at least one exercise during the performance period: full-scale, functional or table top. An EOC activation will fulfill this requirement. The standard format for the AAR and IP can be found in Volume III of the HSEEP manuals at http://hseep.dhs.gov. The State's ETO is Jerry Jenson, 253-512-7045, g.jenson@emd.wa.gov. Submit an After Action Report (AAR) and Improvement Plan (IP) to the State Exercise Training Officer (ETO) within 60 days of the completion of the exercise. Through the exercise process a jurisdiction can determine areas of strength and weakness in response capabilities. Development of an AAR and IP allows for the documentation, monitoring and follow-up on those issues. Upon submission and approval of the AAR, the ETO will issue a letter of EMPG credit to the jurisdiction. 12/7/2010 Planning 9. Review the Comprehensive Emergency Management Plan (CEMP) and supporting Emergency Support Functions (ESFs). The CEMP should be compliant with both the National Response Framework and the National Incident Management System (NIMS). Requirements for plan development and submission are provided in RCW 38.52.070, WAC 118-09 and WAC 118-30. a. Any jurisdiction that has not submitted an updated CEMP to the State Emergency Management Division within the past four years must do so during this program year. b. First-time applicants must complete a draft of their Basic Plan portion of the CEMP within the program year. The CEMP will address all- hazards identified in the jurisdiction's Hazard Identification and Vulnerability Analysis and infrastructure and improve the jurisdiction's ability to prepare for, respond to and recover from an emergency. 12/1/2010 Finance & Administration 10. Seek reimbursement in compliance with 10EMPG Guidance, award contract, 44CFR, 2CFR Parts 225, 220 and 230. Expenditures listed on the Reimbursement Spreadsheet cannot be items listed in the 2010 Local Funds Budget portion of the Emergency management Operating Budget in this application Submit requests for reimbursement (A19 Invoice) along with a Reimbursement Spreadsheet showing how EMPG funds were spent. EMPG funds enhance local emergency management programs and are spent in accordance with all applicable laws and guidelines. Within 30 days after the activity was performed 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 105 of 206 DHS-FEMA-EMPG-FFY 10 Page 20 of 21 City of Renton Fire and Emergency Services Department E10-316 Program Management 11. Progress reports are required twice during the award contract performance period. Progress reports must be submitted as required in the award contract. The midterm report must clearly describe the progress the recipient is making towards the deliverables described in this Scope of Work. The final report should highlight the impact EMPG funding has had on the jurisdiction's capabilities. Demonstration of the impact EMPG funding has on emergency management capabilities will be documented in progress reports. Midterm Report due 7/15/10 Final Report due 5/15/11 Crisis Communication, Public Education and Information 12. Conduct a public disaster education program for the inhabitants of the community. a. Preparedness presentation and distribution of preparedness materials to schools, civic groups, business organizations, nursing care facilities, child care facilities, governmental agencies, hospitals, the general public, etc. and/or b. Participate in the State's Disaster Preparedness Campaign. Citizens or Washington will be better able to care for themselves, family members, neighbors, etc. and will improve their ability to stay safe during an emergency. Success can be measured through the number of presentations provided or participation in the Washington State campaign. 9/30/2010 Additional Activities Crisis Communication, Public Education & Information Purchase and install weather proof, sealed bulletin boards for the Neighborhood Information and Communication Hub In Emergencies (NICHE) program. NICHE boards installed. Citizens will be able to obtain emergency information when high-tech means of communication are not operable. 11/1/2010 Exercises, Evaluations & Corrective Actions Assign staff to serve on core exercise design team for SoundShake 2010; participate in SoundShake. Significant contribution to major regional exercise. Exercise will be inclusive of smaller jurisdictions like Renton. 10/7/2010 Operations & Procedures Expand emergency notification system capabilities, write an SOP on its use, and train selected staff in its use. SOP completed. City staff will utilize the emergency notification system more effectively. 8/1/2010 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 106 of 206 DHS-FEMA-EMPG-FFY 10 Page 21 of 21 City of Renton Fire and Emergency Services Department E10-316 Hazard Mitigation Initiate development of an LEPC. LEPC established. Emergency management will have more regular communication with hazmat using facilities to help mitigate against potential accidents. 12/31/2010 Laws and Authorities Revise emergency powers ordinance. Emergency powers ordinance revised. Elected officials will possess sufficient legal authorities to take swifter, appropriate action in an emergency. 11/1/2010 Hazard Identification & Risk Assessment Participate in a DHS assessment of critical infrastructure vulnerabilities. Critical infrastructure vulnerabilities identified. City staff will have a better understanding of critical infrastructure vulnerabilities in order to better mitigate or respond to incidents that involve critical infrastructure. 12/31/2010 Crisis Communication, Public Education & Information Conduct emergency preparedness training for leaders in the immigrant, refugee communities to be able to carry back to their communities. 1 preparedness training completed. Non-English-speaking residents will be better prepared for emergencies. 6/1/2010 Planning Revise 4 ESFs within the CEMP. 4 ESFs revised. The CEMP will be improved. 12/31/2010 Training Conduct a Logistics Chief course. Logistics Chief course conducted for IMT members. More persons trained in functions of the Logistics Chief position. 8/1/2010 Planning Revise damage assessment process to include alternative field information relays through a pilot project with purchased handheld devices. Damage assessment process revised, handheld devices purchased. By transferring damage assessment to more individuals in the City, first responders will be freed up to focus on response issues more quickly. 12/31/2010 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 107 of 206 DHS-EMPG-FFY 10 Page 1 of 2 City of Renton Fire and Emergency Services Department E10-316 Amendment A Washington State Military Department AMENDMENT 1. CONTRACTOR NAME/ADDRESS: City of Renton Fire and Emergency Services Department 1055 South Grady Way Renton, WA 98057 2. CONTRACT NUMBER: E10-316 3. AMENDMENT NUMBER: A 4. CONTRACTOR CONTACT PERSON, NAME/TITLE: Kelly Carey, (425) 430-7053 kcarey@rentonwa.gov 5. MD STAFF CONTACT, NAME/TELEPHONE: Charma Anderson (253) 512-7064 c.anderson@emd.wa.gov 6. TIN or SSN: 91-6001271 7. CATALOG OF FEDERAL DOMESTIC ASST. (CFDA) #: 97.042 EMPG 8. FUNDING SOURCE NAME/AGREEMENT #: 2010-EP-E0-0027 9. FUNDING AUTHORITY: Washington State Military Department (Department) and U.S. Department of Homeland Security (DHS) 10. DESCRIPTION/JUSTIFICATION OF AMENDMENT, MODIFICATION, OR CHANGE ORDER: The U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) provided federal funding to enhance and sustain emergency management programs. EMD withheld 10% of the pass through funding pending applicant budget review and approval. Local applicant funding is being increased to include the funding that was with held. 11. AMENDMENT TERMS AND CONDITIONS: 1. The overall contract expiration date of March 31, 2011 remains unchanged. 2. Change the contract amount from $121,546 to $130,366; an increase of $8,820. 3. Replace the Local/Tribal Budget with the attached Revised Local/Tribal Budget. This Amendment is incorporated in and made a part of the contract. Except as amended herein, all other terms and conditions of the contract remain in full force and effect. Any reference in the original contract or an Amendment to the “contract” shall mean “contract as amended”. The Department and Contractor acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execu tion below. By signing this Amendment, the signatories warrant they have the authority to execute this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment: FOR THE DEPARTMENT: ______________________________________ Signature Date James M. Mullen, Director Emergency Management Division Washington Military Department APPROVED AS TO FORM: Brian E. Buchholz (signature on file) 3/12/2010 Assistant Attorney General FOR THE CONTRACTOR: ________________________________________ Signature Date Denis Law, Mayor for City of Renton Fire and Emergency Services Department Attest: _____________________________________ Bonnie Walton, City Clerk Form 10/27/00 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 108 of 206 DHS-EMPG-FFY 10 Page 2 of 2 City of Renton Fire and Emergency Services Department E10-316, Amendment A Exhibit C REVISED Budget Sheet FFY10 Emergency Management Performance Grant Program LOCAL/TRIBAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY Category 2010 Local Funds Budget* Salaries and Benefits $403,517 In-Direct Costs $0 Travel $2,354 Equipment $0 Supplies $6,500 Telephones $5,484 IT $65,358 Printing $500 Janitorial/Maintenance $0 Auto Lease $13,122 Space Rental $33,851 Insurance $0 Subcontractor $43,500 Other $90,000 Total All Program Costs $664,186 FFY10 EMPG Award $130,366 The City of Renton Fire and Emergency Services Department award is $130,366. This is based on the FFY10 allocation factor of 19.628% of approved local/tribal emergency management operating budgets. This award will not be used to supplant the existing local/tribal funds identified above. The Department’s Reimbursement Spreadsheet will accompany each reimbursement request submitted. In addition, the Contractor agrees to make all records available to Military Department staff, upon request. A total of 3% of this award can be used to pay for management and administration of this contract. If the local/tribal emergency management operation budget should change, as the award contract amount is based on the budget, an amendment may have to be issued modifying the award contract amount. * No federal funds are included in the local emergency management operating budget. Funding Source: U.S. Department of Homeland Security - PI# 703PT – EMPG 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 109 of 206 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION City of Renton Office of Emergency Management DATE SUBMITTED PROJECT DESCRIPTION Emergency Management Performance Grant CONTRACT NUMBER E10-316 1.AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Denis Law Mayor, City of Renton Bonnie Walton City Clerk 2.AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Denis Law Mayor, City of Renton Bonnie Walton City Clerk 3.DESIGNATED APPLICANT AGENT AND ALTERNATE SIGNATURE PRINT OR TYPE NAME TITLE Deborah Needham Director of Emergency Mgmt Cindy Zinck Finance Analyst Supervisor Mark Peterson Fire Chief/Emergency Services Administrator 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 110 of 206 INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM This form identifies the persons who have the authority to sign contracts, amendments, and grant documents. It is required for the management of your contract with the Military Department (MD). Please complete all sections. One copy with original signatures is to be sent to MD with the signed contract, and the other should be kept with your copy of the contract. When a request for reimbursement is received, the signature is checked to verity that it matches the signature on file. The payment can be delayed if the request is presented without the proper signature. It is important that the signatures in MD’s files are current. Changes in staffing or responsibilities will require a new signature authorization form. 1.Authorizing Authority. Generally, the person(s) signing in this box heads the governing body of the organization, such as the board chair or mayor. In some cases, the chief executive officer may have been delegated this authority. 2.Authorized to Sign Contracts/Contract Amendments. The person(s) with this authority should sign in this space. Usually, it is the county commissioner, mayor, executive director, city clerk, etc. 3.Applicant Agent and Alternate. These are the individuals designated by the governing body or the authorizing authority to be responsible for this grant. These individuals will have the authority to identify damage sites, approve project worksheets for the organization, sign requests for reimbursement, appeals, alternate projects, improved projects, and time extensions. It is advisable to have an alternate authorized to sign these requests. This will help prevent delays in processing a request if the applicant agent is temporarily unavailable. If you have any questions regarding this form or to request new forms, please call your Public Assistance Coordinator. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 111 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Approval of a Lease Rate Increase Addendum to Pro-Flight Aviation, Inc. Lease LAG 99-002 Meeting: Regular Council - 02 Aug 2010 Exhibits: Addendum to Pro-Flight Aviation, Inc. Lease LAG 99-002 Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manager, x7471 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $9,005.54 Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Pro-Flight Aviation, Inc. has a lease on the Airport under LAG 99-002. The periodic lease rate adjustment is effective August 1, 2010, and a market appraisal was used to determine the lease rate for the next 3-year period (August 1, 2010 until July 31, 2013). The new lease rate is $0.62 per square foot per year, resulting in an increase from $13,063.36 to $22,068.90 annually. Pro-Flight Aviation, Inc. leases a 35,595 square foot parcel at 500 West Perimeter Road. The terms of the lease allow for the City to use a means other than the Consumer Price Index-Urban to determine the new lease rate for each 3-year period. The Airport contracted with Allen Brackett Shedd to perform a market appraisal in February 2009, which established the fair market ground lease rate for all parcels on the Airport at $0.62 per square foot per year. On May 24, 2010, Pro-Flight Aviation, Inc. was notified by letter that the City would be using the market appraisal ground lease rate of $0.62 per square foot per year. This is an increase of $9,005.54 annually. STAFF RECOMMENDATION: Approve the lease rate increase and authorize the Mayor and City Clerk to sign the addendum to Pro- Flight Aviation, Inc.’s lease, LAG 99-002. 7l. ‐ Transportation Systems Division recommends approval of an addendum to airport lease LAG‐99‐002, with Pro‐Flight Aviation, Inc. to Page 112 of 206 7l. ‐ Transportation Systems Division recommends approval of an addendum to airport lease LAG‐99‐002, with Pro‐Flight Aviation, Inc. to Page 113 of 206 7l. ‐ Transportation Systems Division recommends approval of an addendum to airport lease LAG‐99‐002, with Pro‐Flight Aviation, Inc. to Page 114 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Approving an Updated Version of the Airport Regulations and Minimum Standards Meeting: Regular Council - 02 Aug 2010 Exhibits: Issue Paper Airport Regulations and Minimum Standards document Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manager, extension 7471 Recommended Action: Refer to Transportation/Aviation Committee Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $0 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: The Airport Regulations and Minimum Standards document is used by the Renton Airport to properly regulate the activity of people and businesses that use the Airport. The Airport Regulations and Minimum Standards are written to comply with: 1. The federal grant assurances 2. The revised Airport Development Policies (approved March 19, 2007) 3. The revised Airport Leasing Policies (July 2007) The current version of the Airport Regulations and Minimum Standards has been in use since its adoption by Council in 1989. Because the mix of business and recreational activity on the Airport has changed over the past two decades, an updated version of the Airport Regulations and Minimum Standards is needed. Over the course of five Renton Airport Advisory Committee meetings, the updated version of the Airport Regulations and Minimum Standards was edited, clarified, and finalized. Approving the Airport Regulations and Minimum Standards will allow the City to better manage the diverse activities occurring at the Renton Airport, while ensuring continued adherence to its federal grant obligations. STAFF RECOMMENDATION: Approve the updated version of the Airport Regulations and Minimum Standards. 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 115 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 116 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 117 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 118 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 119 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 120 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 121 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 122 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 123 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 124 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 125 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 126 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 127 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 128 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 129 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 130 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 131 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 132 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 133 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 134 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 135 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 136 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 137 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 138 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 139 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 140 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 141 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 142 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 143 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 144 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 145 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 146 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 147 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 148 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 149 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 150 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 151 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 152 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 153 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 154 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 155 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 156 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 157 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 158 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 159 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 160 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 161 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 162 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 163 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 164 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 165 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 166 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 167 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 168 of 206 7m. ‐ Transportation Systems Division recommends approval of updated Airport Regulations and Standards. Refer to Transportation (Aviation) Page 169 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Pay Estimate CAG 09-173 126th Ave SE Utility Project Contractor: Rodarte Construction Inc. Meeting: Regular Council - 02 Aug 2010 Exhibits: Final Pay Estimate Notice of Completion of Public Works Contract Submitting Data: Dept/Div/Board: Public Works Staff Contact: Mike Benoit Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 1,533 Transfer Amendment: $ Amount Budgeted: $ 10,000 Revenue Generated: $ Total Project Budget: $ 605,000 City Share Total Project: $ SUMMARY OF ACTION: The project was awarded on November 9, 2009. Construction began on January 25, 2010, and was completed on July 9, 2010. The original contract amount was $452,789.07 and the final amount is $506,315.76, an increase of $53,526.69 or 12 percent. The majority of the increase in the final contract amount ($39,000) was due to the need to use more imported backfill and replace more curb and gutter than anticipated. The remainder of the increase was due to unanticipated conflicts with existing utilities and minor quantity adjustments. The final cost was below the original engineer’s estimate and within the amount budgeted for the project. The amount budgeted for the project was $605,000 ($350,000 sewer and $255,000 water), which is enough to cover the construction, engineering, and staff costs for each utility. STAFF RECOMMENDATION: Accept the project, approve the Final Pay Estimate in the amount of $1,533, and release the retainage in the amount of $23,119.43 after 60 days, subject to the receipt of all required authorizations. 7n. ‐ Utility Systems Division submits CAG‐09‐173, 126th Ave. SE Utility project, and requests approval of the project, final pay estimate in the Page 170 of 206 7n. ‐ Utility Systems Division submits CAG‐09‐173, 126th Ave. SE Utility project, and requests approval of the project, final pay estimate in the Page 171 of 206 7n. ‐ Utility Systems Division submits CAG‐09‐173, 126th Ave. SE Utility project, and requests approval of the project, final pay estimate in the Page 172 of 206 7n. ‐ Utility Systems Division submits CAG‐09‐173, 126th Ave. SE Utility project, and requests approval of the project, final pay estimate in the Page 173 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Pay Estimate – CAG-09-157 (WTR-27-3458) 2009 Pump Station Electrical Upgrades Contractor: EC Company Meeting: Regular Council - 02 Aug 2010 Exhibits: Pay Estimate #3 (FINAL) Notice of Completion of Public Works Contract Submitting Data: Dept/Div/Board: Public Works Staff Contact: Tom Malphrus, Utility Systems, x7313 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 946.93 (final pay est. only) Transfer Amendment: $N/A Amount Budgeted: $ 950 (final pay est. only)Revenue Generated: $N/A Total Project Budget: $ 150,000 City Share Total Project: $ 100% SUMMARY OF ACTION: The construction contract was awarded to EC Company on November 9, 2009. Construction started February 1, 2010, and was completed on June 18, 2010. The original contract amount was $94,519.31 and the final contract amount is $83,944.79. The decrease of $10,574.52 represents a deduction of $10,950.00 for removal of item No. 7, As-builts, from the work and an addition of $375.48 for a change order to add a vacuum gauge to a transformer. STAFF RECOMMENDATION: Accept the project, approve the final pay estimate in the amount of $946.93, and release the retainage in the amount of $3,833.10 after 60 days, subject to the receipt of all required authorizations. 7o. ‐ Utility Systems Division submits CAG‐09‐157, 2009 Pump Station Electrical Upgrades project, and requests approval of the project, final Page 174 of 206 7o. ‐ Utility Systems Division submits CAG‐09‐157, 2009 Pump Station Electrical Upgrades project, and requests approval of the project, final Page 175 of 206 7o. ‐ Utility Systems Division submits CAG‐09‐157, 2009 Pump Station Electrical Upgrades project, and requests approval of the project, final Page 176 of 206 7o. ‐ Utility Systems Division submits CAG‐09‐157, 2009 Pump Station Electrical Upgrades project, and requests approval of the project, final Page 177 of 206 State of Washington Department of Revenue PO Box 47474 Olympia WA 98504-7474 Contractor’s Registration No. (UBI No.) 601 107 330 Date 8/2/10 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Name & Address of Public Agency Department Use Only City of Renton Attn: Natalie Wissbrod 1055 S Grady Way Renton, WA 98057 Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number 2009 Pump Station Electrical Upgrades CAG-09-157 Contractor’s Name Telephone Number EC Company 206-436-6001 Contractor’s Address 3104 C Street NE, Ste. 200, Auburn, WA 98002 Date Work Commenced Date Work Completed Date Work Accepted 2/1/10 6/18/10 8/02/10 Surety or Bonding Company Travelers Casualty and Surety Company of America Agent’s Address Lynette G. Harris, Willis of Portland, PO Box 8699, Portland, OR 97207 Contract Amount $ 86,319.00 Additions $+342.91 Reductions $–10,000.00 Sub-Total $76,661.91 Amount of Sales Tax Paid at 9.5 %$7,282.88 (If various rates apply, please send a breakdown.) TOTAL $83,944.79 Liquidated Damages $0.00 Amount Disbursed $80,111.69 Amount Retained $3,833.10 TOTAL $83,944.79 Disbursing Officer Comments: Signature Type or Print Name Natalie Wissbrod Phone Number 425.430.6919 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department’s certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e (6-27-01) 7o. ‐ Utility Systems Division submits CAG‐09‐157, 2009 Pump Station Electrical Upgrades project, and requests approval of the project, final Page 178 of 206 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Pay Estimate – CAG-09-157 (WTR-27-3458) 2009 Pump Station Electrical Upgrades Contractor: EC Company Meeting: Regular Council - 02 Aug 2010 Exhibits: Pay Estimate #3 (FINAL) Notice of Completion of Public Works Contract Submitting Data: Dept/Div/Board: Public Works Staff Contact: Tom Malphrus, Utility Systems, x7313 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 946.93 (final pay est. only) Transfer Amendment: $N/A Amount Budgeted: $ 950 (final pay est. only)Revenue Generated: $N/A Total Project Budget: $ 150,000 City Share Total Project: $ 100% SUMMARY OF ACTION: The construction contract was awarded to EC Company on November 9, 2009. Construction started February 1, 2010, and was completed on June 18, 2010. The original contract amount was $94,519.31 and the final contract amount is $83,944.79. The decrease of $10,574.52 represents a deduction of $10,950.00 for removal of item No. 7, As-builts, from the work and an addition of $375.48 for a change order to add a vacuum gauge to a transformer. STAFF RECOMMENDATION: Accept the project, approve the final pay estimate in the amount of $946.93, and release the retainage in the amount of $3,833.10 after 60 days, subject to the receipt of all required authorizations. 7p. ‐ Utility Systems Division recommends approval to accept $226,076 from the King County Solid Waste Division's 2010‐2011 Waste Reduction Page 179 of 206 7p. ‐ Utility Systems Division recommends approval to accept $226,076 from the King County Solid Waste Division's 2010‐2011 Waste Reduction Page 180 of 206 7p. ‐ Utility Systems Division recommends approval to accept $226,076 from the King County Solid Waste Division's 2010‐2011 Waste Reduction Page 181 of 206 7p. ‐ Utility Systems Division recommends approval to accept $226,076 from the King County Solid Waste Division's 2010‐2011 Waste Reduction Page 182 of 206 State of Washington Department of Revenue PO Box 47474 Olympia WA 98504-7474 Contractor’s Registration No. (UBI No.) 601 107 330 Date 8/2/10 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Name & Address of Public Agency Department Use Only City of Renton Attn: Natalie Wissbrod 1055 S Grady Way Renton, WA 98057 Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number 2009 Pump Station Electrical Upgrades CAG-09-157 Contractor’s Name Telephone Number EC Company 206-436-6001 Contractor’s Address 3104 C Street NE, Ste. 200, Auburn, WA 98002 Date Work Commenced Date Work Completed Date Work Accepted 2/1/10 6/18/10 8/02/10 Surety or Bonding Company Travelers Casualty and Surety Company of America Agent’s Address Lynette G. Harris, Willis of Portland, PO Box 8699, Portland, OR 97207 Contract Amount $ 86,319.00 Additions $+342.91 Reductions $–10,000.00 Sub-Total $76,661.91 Amount of Sales Tax Paid at 9.5 %$7,282.88 (If various rates apply, please send a breakdown.) TOTAL $83,944.79 Liquidated Damages $0.00 Amount Disbursed $80,111.69 Amount Retained $3,833.10 TOTAL $83,944.79 Disbursing Officer Comments: Signature Type or Print Name Natalie Wissbrod Phone Number 425.430.6919 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department’s certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e (6-27-01) 7p. ‐ Utility Systems Division recommends approval to accept $226,076 from the King County Solid Waste Division's 2010‐2011 Waste Reduction Page 183 of 206 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT FOR 2010-2011 BETWEEN KING COUNTY AND THE CITY OF RENTON FOR A WASTE REDUCTION AND RECYCLING GRANT. WHEREAS, King County and the City of Renton adopted the 2001 King County Comprehensive Solid Waste Management Plan which includes waste reduction and recycling goals; and WHEREAS, in order to help the City meet those goals, the King County Solid Waste Division has established a waste reduction and recycling grant program; and WHEREAS, the grant is for $116,538 for 2010 and an equivalent amount for 2011, for a total two-year grant of $233,076; and WHEREAS, the City of Renton will utilize the grant funds to fulfill the terms and conditions set forth in the scope of work which is attached to the contract; and WHEREAS, is necessary to document the terms and conditions of the contract; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into a contract entitled King County Contract No. D39910D, Interlocal Agreement for 2010-2011 between King County and the City of Renton providing total grant funds to the City in the amount of $233,076 for waste reduction and recycling programs. 9a. ‐ Waste Reduction and Recycling (WRR) grant agreement with King County Solid Waste Division (See 7.p.)Page 184 of 206 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2010. Approved as to form: Lawrence J. Warren, City Attorney RES:1471:7/14/10:scr Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor 9a. ‐ Waste Reduction and Recycling (WRR) grant agreement with King County Solid Waste Division (See 7.p.)Page 185 of 206 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLES l-X OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY CHANGING ALL REFERENCES OF "FINANCE AND INFORMATION SERVICES" TO "FINANCE AND INFORMATION TECHNOLOGY". THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Titles l-X of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended to change all references of "Finance and Information Services" to "Finance and Information Technology". SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of. , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2010. Approved as to form: Lawrence J. Warren, City Attorney Denis Law, Mayor Date of Publication: ORD:1644:6/29/10:scr 9a. ‐ Changing the title of the Finance and Information Systems Department to the Finance and Information Technology Department Page 186 of 206 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEAR 2010 ANNUAL BUDGET AS ADOPTED BY ORDINANCE NO. 5510 AND THEREAFTER AMENDED BY ORDINANCE NO. 5536. WHEREAS, on November 23, 2009, the City Council adopted Ordinance No. 5510 approving the City of Renton's Fiscal Year 2010 Annual Budget; and WHEREAS, on April 26, 2010, the City Council adopted Ordinance No. 5536 carrying forward funds appropriated in 2009, but not expended in 2009, due to capital project interruptions and delays in invoice payments, that needed to be carried forward and appropriated for expenditure in 2010; and WHEREAS, budget amendments are presently necessary to make corrections to the adopted 2010 budget and set aside new appropriations, as identified on Exhibit A attached hereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Ordinance No. 5510 establishing the City of Renton's 2010 Annual Budget is hereby amended in the total amount of $8,116,407. SECTION II. A summary budget adjustment by fund is hereby attached as Exhibit A. A detailed list of adjustments is available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. 9b. ‐ Amending the 2010 Budget (See 8.a.) Page 187 of 206 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1646:7/12/10:scr 9b. ‐ Amending the 2010 Budget (See 8.a.) Page 188 of 206 ORDINANCE NO. Exhibit A: 2010 Carry Forward Budget Adjustment Summary by Fund 2010 2nd Qtr Budget Adjustment Request Analysis/Summary BEGINNING FUND BALANCE REVENUE I EXPENDITURES END FUND BALANCE Fund/ 000 GENERAL 001 COMMUNITY SERVICES 003 STREETS 004 COMMUNITY DEVELOPMENT BLOCK GRANT 005 MUSEUM 006 LIBRARY 009 FARMERS MARKET 010 FIRE AND EMERGENCY SVC MEMORIAL 011 FIRE AND EMERGENCY SVC HEALTH & WELLNESS 031 PARK MEMORIAL 201 1997 LIM GO BONDS-CFTY HALL 21 5 GENERAL GOVERNMENT MISC DEBT SVC Total General Governmental Funds 102 ARTERIAL STREETS 108 LEASED CrTY PROPERTIES 110 SPECIAL HOTEL-MOTEL TAX 118 CUM 2755 (PATHS/TRAILS) 125 ONE PERCENT FOR ART 127 CABLE COMMUNICATIONS DEVELOPMENT 135 SPRINGBROOK WETLANDS BANK 219 1989 UNLIM GO BONDS-SR HOUSING 303 COMMUNITY SERVICES IMPACT MITIGATION 304 FIRE IMPACT MmGATION 305 TRANSPORTATION IMPACT MITIGATION 316 MUNICIPAL FACILITIES CIP 317 CAPITAL MPROVEMENT 318 SOUTH LAKE WA INFRASTRUCTURE PROJECT 326 HOUSING OPPORTUNrTY 402 AIRPORT OPERATIONS 403 SOLID WASTE UTILITY 404 MUNICIPAL GOLF COURSE SYSTEM 405 WATER OPERATIONS 406 WASTEWATER OPERATIONS 407 SURFACE WATER OPERATIONS 416 KING COUNTY METRO 422 AIRPORT CAPTTAL MPROVEMENT 424 MUNICIPAL GOLF COURSE SYSTEM CIP 425 WATER CIP 426 WASTEWATER CIP 427 SURFACE WATER CIP 471 WATERWORKS RATE STABILIZATION 501 EQUIPMENT RENTAL 502 INSURANCE 503 INFORMATION SERVICES 504 FACILITIES 505 COMMUNICATIONS 512 HEALTHCARE INSURANCE 522 LEOFF1 RETIREES HEALTHCARE 611 FIREMENS PENSION Total Other Funds TOTAL ALL FUNDS 2010 Budgeted Beg Fund Bal 8,535,013 958,009 1,391,648 (6,528) 64,705 706,011 60,571 936 4,303 175,066 1,448 64,103 11,955,285 200,686 837,613 247,828 3,264 143,796 89,391 459,528 79,340 1,066,593 2,363,522 2,167,133 6,933,186 2,892,341 114,039 201,653 415,929 326,034 798,278 4,294,833 1,887,815 2,448,845 46,504 633,154 287,523 2,862,275 841,219 1,533,997 15,605 4,593,399 6,039,509 1,647,931 91,175 111,818 4,792,452 2,820,473 4,332,817 58,621,498 70,576,783 2010 Budget 2010 Adjusted Changes Fund Bal 8,535,013 958,009 1,391,648 (6,528) 64,705 706,011 60,571 936 4,303 175,066 1,448 64,103 11,955,285 200,686 837,613 247,828 3,264 143,796 89,391 459,528 79,340 1,066,593 2,363,522 2,167,133 6,933,186 2,892,341 114,039 201,653 415,929 326,034 798,278 4,294,833 1,887,815 2,448,845 46,504 633,154 287,523 2,862,275 841,219 1,533,997 15,605 4,593,399 6,039,509 1,647,931 91,175 111,818 4,792,452 2,820,473 4,332,817 68*621/498 70,576,783 2010 Budgeted Revenue 74,520,193 9,557,924 7,201,490 532,635 192,621 1,888,252 44,280 - 25,000 - 2,033,177 2,547,376 98,542,948 620,000 1,669,586 245,000 - 35,000 85,000 - - 60,000 100,000 200,000 1,333,553 30,582,042 - - 1,917,163 15,025,000 2,483,545 11,316,610 6,070,737 5,783,148 11,211,935 1,578,000 150,000 3,460,000 3,153,781 3,916,003 - 3,631,241 3,287,584 4,194,774 4,705,475 1,049,671 12,358,471 2,235,684 300,000 132,759,003 231,301,951 2010 Budget Changes 172,975 - 254,750 - - - - - - - - 6,613,483 7,041,208 - - - - - - - - - - - 770,000 - - - 2,000 - 300 (5,000) 5,000 - - - - - 121,006 - - - - - - - - - 893,306 7,934,514 2010 Adjusted Revenue 74,693,168 9,557,924 7,456,240 532,635 192,621 1,888,252 44,280 - 25,000 - 2,033,177 9,160,859 105,584,156 620,000 1,669,586 245,000 - 35,000 85,000 - - 60,000 100,000 200,000 1,333,553 31,352,042 - - 1,917,163 15,027,000 2,483,545 11,316,910 6,065,737 5,788,148 11,211,935 1,578,000 150,000 3,460,000 3,153,781 4,037,009 - 3,631,241 3,287,584 4,194,774 4,705,475 1,049,671 12,358,471 2,235,684 300,000 133,652,309 239,236,465 2010 Budgeted Expenditure 72,517,802 10,461,433 8,543,138 532,227 194,120 2,544,263 34,311 - 25,000 - 1,984,625 2,510,320 99,347,239 620,000 1,511,561 245,000 - 50,000 85,674 - 79,340 - 560,000 1,810,000 7,621,771 32,413,734 114,000 200,000 1,001,800 15,025,000 2,566,837 11,560,951 6,780,650 6,641,884 11,211,935 1,831,485 302,499 5,510,000 3,995,000 5,450,000 - 3,413,927 4,170,106 4,841,706 4,326,200 877,560 12,462,810 2,248,907 550,475 150,080,812 249,428,051 2010 Budget Changes 232,975 31,316 6,624 - - 63,000 - - - - - 6,613,194 6,947,109 - 65,000 - - - - - - - - 60,000 770,000 - - - 12,130 - 151,254 57,214 53,580 - - - - - - - 120 - - - - - - - 1,169,298 8,116,407 2010 Adjusted Expenditure 72,750,777 10,492,749 8,549,762 532,227 194,120 2,607,263 34,311 - 25,000 - 1,984,625 9,123,514 106,294,348 620,000 1,511,561 310,000 - 50,000 85,674 - 79,340 - 560,000 1,810,000 7,681,771 33,183,734 114,000 200,000 1,001,800 15,037,130 2,566,837 11,712,205 6,837,864 6,695,464 11,211,935 1,831,485 302,499 5,510,000 3,995,000 5,450,000 - 3,414,047 4,170,106 4,841,706 4,326,200 877,560 12,462,810 2,248,907 550,475 151,250,110 257,544,458 Ending Fund Balance 10,477,403 23,185 298,126 (6,120) 63,206 (13,000) 70,540 936 4,303 175,066 50,000 101,448 11,245,093 200,686 995,638 182,828 3,264 128,796 88,717 459,528 - 1,126,593 1,903,522 557,133 584,968 1,060,649 39 1,653 1,331,292 315,904 714,986 3,899,538 1,115,688 1,541,529 46,504 379,669 135,024 812,275 - 121,006 15,605 4,810,593 5,156,987 1,000,999 470,450 283,929 4,688,113 2,807,250 4,082,342 41,023,697 52,268,790 Reserved/ Designated (1,544,954) (175,066) (1,720,020) (1,955,020) (838,706) (497,632) (5,275,000) (3,738,843) (674,672) (4,082,342) (17,062,215) (18,782,235) Available Fund Balance 8,932,449 23,185 298,126 (6,120) 63,206 (13,000) 70,540 936 4,303 - 50,000 101,448 9,525,073 200,686 995,638 182,828 3,264 128,796 88,717 459,528 - 1,126,593 1,903,522 557,133 584,968 1,060,649 39 1,653 1,331,292 315,904 714,986 1,944,518 276,982 1,043,897 46,504 379,669 135,024 812,275 - 121,006 15,605 4,810,593 (118,013) 1,000,999 470,450 283,929 949,270 2,132,578 - 23,961,482 33,486,554 9 b . ‐ A m e n d i n g t h e 2 0 1 0 B u d g e t ( S e e 8 . a . ) P a g e 1 8 9 o f 2 0 6 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, AND CHAPTER 9, PERMITS - SPECIFIC, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO ADD A NEW SECTION 4-5-130 ENTITLED "INTERNATIONAL PROPERTY MAINTENANCE CODE", RENUMBER THE CURRENT SECTIONS 4-5-130, APPEALS, AND 4-5-140, VIOLATIONS OF THIS CHAPTER AND PENALTIES, AND REPEAL SECTIONS 4-5-060, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 4-5-080, UNIFORM HOUSING CODE, AND 4-9-050, DANGEROUS BUILDINGS - ABATEMENT OF. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Sections 4-5-060, Uniform Code for the Abatement of Dangerous Buildings, and 4-5-080, Uniform Housing Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby repealed. SECTION II. Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to add a new section 4-5-130, entitled "International Property Maintenance Code", to read as shown below. The current sections 4-5- 130, Appeals, and 4-5-140, Violations of this Chapter and Penalties, shall be renumbered as sections 4-5-140 and 4-5-150, respectively. 4-5-130 INTERNATIONAL PROPERTY MAINTENANCE CODE: A. CODE ADOPTED: 9c. ‐ Adopting New Minimum Maintenance Standards for the International Property Maintenance Code (See 8.b.)Page 190 of 206 ORDINANCE NO. The 2009 Edition of the International Property Maintenance Code is adopted as amended, added to, or excepted in this title, and shall be applicable within the City, except Sections 111, 303, 307, 308, and 507, which are not adopted. B. AMENDMENTS: The following amendments to the Code are hereby adopted: 1. Section 102.3 is amended to read as follows: Application of other codes: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with procedures and provisions of the International Building Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code and the Renton Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Renton Municipal Code. 2. Section 103.5 is deleted in its entirety. 3. Sections 106.1 through 106.5 are deleted in their entirety. 4. Section 107.1 is amended to read as follows: Notice to person responsible: Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in section 107.2 as amended and the applicable provisions of the RMC Section 1-3-2, Civil Enforcement of Code. 5. Section 107.2 is amended to read as follows: Form: Such notice prescribed in section 107.1 shall be in accordance with RMC 1-3-2. In addition to the information required by RMC 1-3- 2, the notice and order shall contain: a. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of section 108 of this Code. 9c. ‐ Adopting New Minimum Maintenance Standards for the International Property Maintenance Code (See 8.b.)Page 191 of 206 ORDINANCE NO. b. Statements advising that if any required repair or demolition work (without vacation being also required) is not commenced within the time specified, the building official: i. Will order the building vacated and posted to prevent further occupancy until the work is completed; and ii. May proceed to cause to be done and charge the costs thereof against the property or its owner. 6. Sections 107.3 through 107.4 are deleted in their entirety. 7. Section 108.1 is amended to read as follows: General: When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be closed pursuant to the provisions of this Code. 8. Section 108.2 is amended to read as follows: Closing of vacant structures: If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post the structure "Do Not Occupy" and order the structure to be closed up so as not to be an attractive nuisance. Upon failure of the owner to close up such premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 9. Section 108.3 is amended and supplemented to read as follows: Notice: Whenever the code official has closed a structure or locked out equipment under the provisions of this section, notice shall be posted in a conspicuous place in, on or about the structure or equipment affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with RMC 1-3-2. The notice shall be in the form prescribed in section 107.2 as amended. Every notice to vacate shall be issued, served and posted as an order to cease activity under RMC 1-3-2C. 9c. ‐ Adopting New Minimum Maintenance Standards for the International Property Maintenance Code (See 8.b.)Page 192 of 206 ORDINANCE NO. 10. Section 108.4 is amended and supplemented to read as follows: Placarding: Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on or at each entry of the premises a placard indicating that the building is not fit for occupancy and other information determined relevant by the building official. 11. Section 108.4.1 is amended to read as follows: Placard removal: The code official shall remove the placard posted in accordance with the provisions of section 108 whenever the defect or defects upon which the action was based have been eliminated. Any person who defaces or removes the placard without the approval of the code official shall be subject to the penalties set forth in RMC 1-3- 2, 12. Section 108.6 is added to read as follows: Repair, vacation and demolition: The following standards shall be followed by the building official (and by the hearing examiner if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure: a. Any building declared a dangerous building under this Code shall be made to comply with one of the following: i. The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; ii. The building shall be demolished at the option of the building owner; or iii. If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. b. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. 13. Section 202 is amended to read as follows: 9c. ‐ Adopting New Minimum Maintenance Standards for the International Property Maintenance Code (See 8.b.)Page 193 of 206 ORDINANCE NO. The definitions of GARBAGE, INOPERABLE MOTOR VEHICLE, and RUBBISH are hereby deleted. 14. Section 301.2 is amended to read as follows: Responsibility: The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. 15. Subsection 301.3, Vacant buildings and land, is deleted in its entirety and replaced by the following: 301.3 Vacant buildings: All vacant buildings and premises thereof must comply with this Code. Vacant buildings shall be maintained in a clean, safe, secure and sanitary condition provided herein so as not to cause a blighting problem or otherwise adversely affect the public health, safety or quality of life. 301.3.1 Appearance: All vacant buildings must appear to be occupied, or appear able to be occupied with little or no repairs. 301.3.2 Security: All vacant buildings must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall be at least one operable door into every building and into each housing unit. Exterior walls and roofs must remain intact without holes. 301.3.2.1 Architectural (cosmetic) structural panels: Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi-glass. 9c. ‐ Adopting New Minimum Maintenance Standards for the International Property Maintenance Code (See 8.b.)Page 194 of 206 ORDINANCE NO. Exception: Untreated plywood or similar structural panels may be used to secure windows, doors and other openings for a maximum period of thirty (30) days. 301.3.2.2 Security fences: Temporary construction fencing may be used for a maximum period of thirty (30) days as a method to secure a building from entry. 301.3.3 Weather protection: The exterior roofing and siding shall be maintained as required in section 304. 301.3.4 Fire Safety: 301.3.4.1 Fire protection systems: All fire suppression and alarms systems shall be maintained in a working condition and inspected as required by the Fire and Emergency Services Department. 301.3.4.2 Flammable liquids: No vacant building or premises or portion thereof shall be used for the storage of flammable liquids or other materials that constitute a safety or fire hazard. 301.3.4.3 Combustible materials: All debris, combustible materials, litter and garbage shall be removed from vacant buildings, their accessory buildings and adjoining yard areas. The building and premises shall be maintained free from such items. 301.3.4.3 Fire inspections: Periodic Fire and Emergency Services Department inspections may be required at intervals set forth by the fire chief or his or her designee. 301.3.5 Plumbing fixtures: Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural gas utility system shall be installed in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable codes. 301.3.5.1 Freeze protection: The building's water systems shall be protected from freezing. 301.3.6 Electrical: Electrical service lines, wiring, outlets or fixtures not installed or maintained in accordance with applicable codes shall be repaired, removed or the electrical services terminated to the building in accordance with applicable codes. 9c. ‐ Adopting New Minimum Maintenance Standards for the International Property Maintenance Code (See 8.b.)Page 195 of 206 ORDINANCE NO. 301.3.7 Heating: Heating facilities or heating equipment in vacant buildings shall be removed, rendered inoperable, or maintained in accordance with applicable codes. 301.3.8 Interior floors: If a hole in a floor presents a hazard, the hole shall be covered and secured with three-quarter inch (3/4") plywood, or a material of equivalent strength, cut to overlap the hole on all sides by at least six inches (6"). 301.3.9 Termination of utilities: The code official may, by written notice to the owner and to the appropriate water, electricity or gas utility, request that water, electricity, or gas service to a vacant building be terminated or disconnected. 301.3.9.1 Restoration of service: If water, electricity or gas service has been terminated or disconnected pursuant to section 313.9, no one except the utility may take any action to restore the service, including an owner or other private party requesting restoration of service until written notification is given by the code official that service may be restored. 301.3.10 Notice to person responsible: The code official may inspect the building and premises whenever the code official has reason to believe that a building is vacant, subject to a duly issued court warrant, if there is a present danger, or under the terms of the City's community caretaking function. If the code official determines that a vacant building violates any provision of this section, the code official shall notify in writing, the owner of the building or real property upon which the building is located, or other person responsible, of the violations and required corrections and shall be given a time frame to comply. 301.3.10.1 Alternate requirements: The requirements and time frames of this section may be modified under an approved Plan of Action. Within thirty (30) days of notification that a building or real property upon which the building is located, is in violation of this section, an owner may submit a written Plan of Action for the code official to review and approve if found acceptable. A Plan of Action may allow: 1) Extended use of non-architectural panels. 2) Extended use of temporary security fencing. 3) Extended time before the demolition of a building is required. 7 9c. ‐ Adopting New Minimum Maintenance Standards for the International Property Maintenance Code (See 8.b.)Page 196 of 206 ORDINANCE NO. 4) For substandard conditions to exist for a specific period of time, provided the building is secured in an approved manner. When considering a Plan of Action, the building official shall take into consideration the magnitude of the violation and the impact to the neighborhood. 301.3.11 Enforcement: Violations of this section shall be enforced according to the provisions and procedures of RMC 1-3-2 and subject to the monetary penalties contained therein. 301.3.11.1 Abatement: A building or structure accessory thereto that remains vacant and open to entry after the required compliance date is found and declared to be a public nuisance. The code official is hereby authorized to summarily abate the violation by closing the building to unauthorized entry. The costs of abatement shall be a lien against the real property and may be collected from the owner in the manner provided by law. 301.3.11.2 Unsafe buildings and equipment: Any vacant building or equipment therein, declared unsafe is subject to the provisions of section 108 and the demolition provisions of section 110. 16. Section 302.4 is amended to read as follows: Weeds: All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve inches in height on development property or twenty-four inches (24") in height on vacant land. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to the provisions of RMC 1-3-2 Civil Enforcement of Code. 17. Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage, which shall read as follows: 308 Residential Outdoor Storage: 308.1 Purpose: The purpose of this section is to define and regulate the outdoor storage of materials on residential property while 9c. ‐ Adopting New Minimum Maintenance Standards for the International Property Maintenance Code (See 8.b.)Page 197 of 206 ORDINANCE NO. maintaining the character and use intended for single family residential neighborhoods. For purposes of this section, residentially zoned property is any property zoned RC, Rl, R4 or R8. 308.2 Allowed residential outdoor storage: For RC and Rl zoned properties, a maximum of 400 square feet of area may be used for outdoor storage. For R4 and R8 zoned properties, a maximum of two hundred (200) square feet of area may be used for outdoor storage. 308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned property in the following areas: Front yards Side yards Slopes greater than 15% Designated open spaces or restricted areas Critical areas, including wetland, streams and associated buffer areas 308.4 Emergency access: Outdoor storage areas shall not prevent emergency access to the residential structure or any other building- SOS.5 Business related storage: Materials stored outdoors on residentially zoned properties shall not be owned by or used in any business or industry including a home occupation business. 308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be neatly stacked and not exceed a height of six feet (6'). Tarps may not be utilized for screening outdoor storage. 308.7 Firewood: Firewood must be split, neatly stacked, and intended for use on the premises on which it is stored. Tarps may be used to protect firewood. 308.8 Membrane structures: Membrane structures are considered outdoor storage, and subject to the location restrictions in section 308.3. Such structures shall not exceed two hundred (200) square feet in area. Membrane structures shall be immediately removed or repaired in the event of disrepair or in the event of damage caused by weather, fire, collision, accident or other forms of damage. Tarps and makeshift covers are prohibited for this use. 9c. ‐ Adopting New Minimum Maintenance Standards for the International Property Maintenance Code (See 8.b.)Page 198 of 206 ORDINANCE NO. 308.9 Prohibited materials: Shipping containers and other similar storage units do not qualify as accessory buildings on residentially zoned properties, and are prohibited. Hazardous materials are also prohibited for outdoor storage on residentially zoned properties. C. COPY ON FILE: At least one (1) copy of the adopted edition of the International Property Maintenance Code shall be on file in the office of the City Clerk. SECTION III. Section 4-9-050, Dangerous Buildings - Abatement Of, of Chapter 9, Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby repealed. SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of. ., 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. , 2010. Approved as to form: Lawrence J. Warren, City Attorney Denis Law, Mayor Date of Publication: ORD:1649:7/20/10:scr 10 9c. ‐ Adopting New Minimum Maintenance Standards for the International Property Maintenance Code (See 8.b.)Page 199 of 206 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-5, UNFIT DWELLINGS, BUILDINGS AND STRUCTURES, OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO AMEND THE REGULATIONS REGARDING UNFIT BUILDINGS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 1-3-5D, Complaint, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. Complaint: If, after a preliminary investigation of any building or premises, the building official finds that it is unfit, substandard, boarded-up and unfit for use as a dwelling, building or structure, or required to be boarded-up and unfit for use as a dwelling, building or structure; he or she shall cause the owners to be served, either personally or, if personal service cannot be obtained, by first class and certified mail, with return receipt requested, and shall post in a conspicuous place on such property, a complaint stating in what respect such building is unfit for human habitation or other use or is substandard or that it is or should be a boarded-up building, together with the corrective action to be taken and the fees and costs to be paid. If the whereabouts of such person are unknown and cannot be ascertained by the building official in the exercise of reasonable diligence, he or she shall make an affidavit to that effect, then the 9d. ‐ Amending Unfit Building Regulations (See 8.b.) Page 200 of 206 ORDINANCE NO. serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy of the notice and orders by certified mail, postage prepaid, return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located, or at the address known to the county assessor. A copy of the notice and order shall also be mailed, addressed to each person, at the address of the building involved in the proceedings, if different, and to each person or party having a recorded right, title, estate, lien, or interest in the property. A copy of the complaint shall be posted in a conspicuous place on the property. Such complaint shall contain a notice that a hearing will be held before the director at a place therein fixed, not less than 10 days nor more than 30 days after the service of such complaint, that all parties in interest shall be given the right to file an answer to the complaint, and to appear in person or otherwise and give testimony at the time and place fixed in the complaint. A copy of such complaint shall also be filed with the auditor of King County, and such filing of the complaint or order shall have the force and effect of a lis pendens. SECTION II. Subsection 1-3-5F.2, of subsection 1-3-5F, Hearings Before the Director, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 9d. ‐ Amending Unfit Building Regulations (See 8.b.) Page 201 of 206 ORDINANCE NO. 2. The director shall conduct an administrative hearing. The hearing shall bo governed by the civil rules of superior court for tho state of Washington, but the strict rules of evidence shall not bo applied. Any party wishing to testify shall bo sworn on oath. The application of the strict rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the director or Hearing Examiner, but the director or Hearing Examiner may hear evidence that is generally reliable including, where appropriate, hearsay evidence. The building official or his or her designee and the owner may participate as parties in the hearing and each party may call witnesses. Any complainant or person affected by the violation may appear and present evidence. The City shall have the burden of demonstrating by a preponderance of evidence that a violation has occurred and that the required corrective action is reasonable. SECTION III. Subsection 1-3-5G.2, of subsection 1-3-5G, Hearings Before the Hearing Examiner, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Within 30 days from the date of service and posting of an order of the director, an owner may file an appeal with the hearing examiner by filing a written notice of appeal with the City Clerk setting out the reasons he believes the findings or order of the director to be erroneous. There will be not less than 10 or more than 30 days from the date of said appeal or referral and the hearing. Notice of the time and place of the hearing shall be made in accord with RMC ±- 9d. ‐ Amending Unfit Building Regulations (See 8.b.) Page 202 of 206 ORDINANCE NO. *©-5 4-8-110E. The matter of the appeal will be scheduled for public hearing before the hearing examiner so as to allow 10 days' notice of the hearing to the appellant and all interested parties and to permit final decision thereon to be made within 60 days after the filing of the appeal. The filing of the notice of appeal shall stay the order of the director, except so much thereof as requires temporary measures, such as securing of the building to minimize any emergent danger to the public health or safety. SECTION IV. Subsection 1-3-5H.1, of subsection 1-3-5H, Enforcement, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. The order of the director or the hearing examiner may prescribe times within which demolition shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time for appeal, the building official may seek the appropriate warrant from King County Superior Court to enter upon the property, and cause the building to be demolished and the premises to be suitably filled and cleared as provided by RMC 1 10 4. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the director or the hearing examiner may extend the time for completion of the work. If satisfactory or substantial progress has not been made, the director or the examiner may cause the building to be demolished and the premises suitably filled and cleared as provided by RMC 1 9d. ‐ Amending Unfit Building Regulations (See 8.b.) Page 203 of 206 ORDINANCE NO. 40-4. The building official shall lot bids for any demolition in accordance with RMC 1 10 10. SECTION V. Subsections 1-3-51.2 and 1-3-51.5, of subsection 1-3-51, Costs, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as follows: 2. The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when borne by the City, shall bo assessed against the roal property upon which such costs woro incurred as a lion unless paid. The City Clerk shall certify to the County Treasurer the confirmed amount of the actual costs and expenses as provided in Subsection 1.1 above. Upon certification to him or her by the City Clerk, the County Treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year, and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the City of Renton. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes. 9d. ‐ Amending Unfit Building Regulations (See 8.b.) Page 204 of 206 ORDINANCE NO. 5. In addition to actual abatement costs, the following administrative fees shall be assessed and collected in the same manner: a. Where abatement is accomplished prior to director hearing: $300.00; provided, the building official may waive these fees if abatement is complete 48 hours prior to a director hearing; or b. Where abatement is accomplished subsequent to or less than 48 hours prior to a director hearing: $1,500; or c. Where abatement is accomplished following breach of an agreement or understanding between a property owner and building official, director, or hearing examiner: $3,000; or d. Where the abatement is accomplished by the City following hearing or default of the property owner: $3,000. SECTION VI. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor 9d. ‐ Amending Unfit Building Regulations (See 8.b.) Page 205 of 206 ORDINANCE NO.. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1647:7/20/10:scr 9d. ‐ Amending Unfit Building Regulations (See 8.b.) Page 206 of 206