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Council 09/22/2008
AGENDA RENTON CITY COUNCIL REGULAR MEETING September 22,2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Mayor's Day of Concern for the Hungry- September 27, 2008 4. SPECIAL PRESENTATION: Solid Waste Services Proposal 5. PUBLIC MEETINGS WITH THE INITIATORS: a. Krail Annexation- 10%Notice of Intent to annex petition for 69.55 acres located generally south of SE 120th St.,west of 156th Ave. SE,if extended. b. Mackay Annexation- 10%Notice of Intent to annex petition for 10.56 acres located generally west of 148th Ave. SE, south of NE 26th St. 6. ADMINISTRATIVE REPORT 7. 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. NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED 8. 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 9/15/2008. Council concur. b. Administrative, Judicial, and Legal Services Department recommends setting a public meeting on 10/6/2008 to consider Initiative 985 (Reduce Traffic Congestion Account), solicit public comment, and consider a position supporting or opposing the measure. Council concur. c. Community and Economic Development Department recommends declaring intent to annex an unincorporated island known as the Springbrook Terrace Annexation area, and recommends a public hearing be set on 10/20/2008 to consider the annexation; 19.9 acres located south of S. 55th St., east of Talbot Rd. S. Council concur. (See 10.a. for resolution.) d. Fire and Emergency Services Department recommends approval of an agreement in the amount of$47,520 with the Washington State Patrol to conduct a joint recruit academy. The City's cost after state reimbursement is$2,304. Council concur. e. Fire and Emergency Services Department recommends approval of a contract in the amount of $43,092 with Kidde Fire Trainers for continued support and maintenance of the Live Fire Training System. Council concur. f. Transportation Systems Division recommends approval of Supplemental Agreement No. 3 to CAG-06-065,agreement with DMJM Harris,reducing the contract amount by$33,643, extending the expiration date to 12/31/2009,changing the scope of work, and reallocating funds for the Rainier Ave. S./S. Shattuck Drainage Bypass project. Council concur. (CONTINUED ON REVERSE SIDE) 7, g. Transportation Systems Division recommends approval of a memorandum of agreement with the Washington State Department of Transportation regarding the utility adjustments or relocations for the I-405/1-5 to SR 169 Stage 2 -Widening project. Council concur. h. Transportation Systems Division recommends approval of a cooperative agreement with the Washington State Department of Transportation to accept reimbursement estimated at $52,000 for a Renton Project Coordinator for the I-40511-5 to SR 169 Stage 2 -Widening project. Council concur. (See 10.b. for resolution.) i. Transportation Systems Division recommends approval of a cooperative agreement with the Washington State Department of Transportation regarding the design, construction, and operation of the I-405/I-5 to SR 169 Stage 2 -Widening project. Council concur. (See 10.c. for resolution.) j. Utility Systems Division recommends approval of a contract with Waste Management, Inc. for solid waste collection services from 1/1/2009 - 5/31/2016, in the amount of$7.6 million for 2009. Council concur. 9. 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; Probation Officer Hire at Step D;Panther Creek Property Acquisition*; May Creek Property Acquisition*; Parking Garage Agreement with Diamond Parking b. Planning&Development Committee: 2nd &Main Apartments Multi-Family Housing Property Tax Exemption Agreement c. Transportation(Aviation)Committee: Capital Improvement Deferrals Cost Contribution* 10. RESOLUTIONS AND ORDINANCES Resolution: a. Setting public hearing on 10/20/2008 for Springbrook Terrace annexation(See 8.c.) b. Cooperative agreement with WSDOT for project coordinator reimbursement(See 8.h.) c. Cooperative agreement with WSDOT for design, construction, and operation services(See 8.i.) d. Conservation Futures agreement amendment for the Panther Creek property acquisition(See 9.a.) e. Conservation Futures agreement amendment for the May Creek property acquisition(See 9.a.) Ordinances for first reading: Capital Improvement deferrals cost contribution(See 9.c.) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. EXECUTIVE SESSION(labor relations) 14. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7th Floor Conferencing Center 6:00 p.m. Emerging Issues in Human Resources • 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 RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM �� 0 CITY OF RENTON t. cmo .dt 4. j ® Denis Law, Mayor ProcZntoni 0-thm 4.1,a ti,0-il, Whereof* the City of Renton recognizes adequate nutrition as a basic goal for each citizen; and Whereof* no parent should have to send a child to school hungry, no baby should be without the comfort of feedings needed for mental and physical growth, no elderly person's health should be jeopardized by lack of appropriate foods; and Whereof* food banks, emergency, and hot meal programs working with the City of Renton, local churches, social service agencies, and hundreds of volunteers are striving day in and day out to stem the rising tide of hunger, but still need more help; and Whereof*r'e& we believe that when the citizens who are not involved hear of the especially desperate needs of the hungry as winter approaches and their low incomes must stretch to cover increasing fuel, electricity, and rental costs, leaving even less money for monthly food purchase, an outpouring of community assistance will follow; and W herea4; the Emergency Feeding Program of Seattle and King County coordinates an annual food drive to help support the efforts of their program and the area's food banks in fighting hunger, which will be held at grocery stores throughout King County on Saturday, September 27, 2008; NOw, Ther'efvre; I, Denis Law, Mayor of the City of Renton, do hereby proclaim September 27,2008,to be a l'layor's,DayofC w fart e/1i witcmy in the City of Renton, and strongly urge all citizens to join the Emergency Feeding Program and our local food banks in their efforts to nourish those who are hungry. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed thi 22nd day of September 2008. ' 0.- 'frf /4/4/ , r Denis aw ? , •-•,,, , 4f •-•,,Mayor of the City of Renton, Washington �'!' �n ,t 1055 South Grady Way-Renton,Washington 98057-(425)430-6500/FA �-2 4 6-6523 RENTON ali AHEAD OF THE CURVE This oaoer contains 50%receded materiat,30%post consumer � Cis;Y O' _ ♦ Eno ru �� o� KRAIL ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS September 22, 2008 The City is in receipt of a Notice of Intention to Commence Annexation Petition from property owners in the proposed Krail Annexation area representing more than 10% of the area's $27,581,100 assessed value. Under RCW 35A.14.120, direct petitions to annex are initiated by property owners representing either at least 10% of the annexation areas assessed value. The King County Department of Assessments certified the signatures on the petition on August 6, 2008. The proposed Krail Annexation site is generally located south of Southeast 120`" Street, west of 156th Street if extended, west of City limits, and uses parcel lines as its southern boundary. The err approximately 70-acre site is located in the City's Potential Annexation Area. The area is currently designated Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Map. The site currently has King County R-4 zoning. The City will zone the area either Resource Conservation (RC) that allows one unit per ten acres, R-1 one unit per net acre, or R-4 four units per net acre, consistent with the RLD land use designation. The zoning would occur simultaneously with the annexation process if the Council authorizes circulation of a 60% Direct Petition to annex, applicants are successful in getting sufficient signatures, and Council decides to accept it. Council is required to hold tonight's public meeting with the applicants in order to decide whether the City wishes to accept, reject, or geographically modify the proposed annexation. If the Council decides to accept the proposed annexation it will typically: 1. Authorize the circulation a 60%Direct Petition to Annex: 2. Decide whether to require the simultaneous adoption of proposed zoning consistent with the Comprehensive Plan; and, 3. Decide whether to require property owners within the annexation area to assume their fair share of the City's existing indebtedness. ii '41/ ) .1 .... . . .. . s , . „ .... = . = I 1 , - . 1 r 4. .x ':L.,*"... ...54,,,P21.0.1ro............. . 1 .3. fliAtt keg Sir ...: t , 7: St.'t rt , i . . . . 1. nu rel..,e'v' s 1... I . 1 '' ° *a•ualmmolimy....... !, Fittv4 ,.... :.. 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"C.OX, ':.x....... .....1..).....:,I.K...3.4,1 r.treer.Ail notv.t. r '.,...1 'IK',,e...r.weie,,,(1 Arty.!..(r, ,:-. 7, 11..*Pillig 14.,110'1 rf.I.1%...141a rr..1 31..x.r.u ....... ...r.n...„,,,,-,0,It'.' -,.;:4$ Al‘1•41?V,ZPIAII71', I ..radvatztAti.um.,srps r,..1 lb pund.c.1 - ,,,_ _ _ . . - .,.,...„.,..._ - rCY O MACKAY ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS September 22, 2008 The City is in receipt of a Notice of Intention to Commence Annexation Petition from property owners in the proposed Mackay Annexation area representing more than 10% of the area's $4,920,000 assessed value. Under RCW 35A.14.120, direct petitions to annex are initiated by property owners representing either at least 10% of the annexation areas assessed value. The King County Department of Assessments certified the signatures on the petition on August 6, 2008. The proposed Mackay Annexation site is generally located west of 148th Ave Southeast, south of 146th Avenue Southeast, east of the Stonegate subdivision, with parcel lines as the southern li#100boundary. The approximately 10-acre site is located in the City's Potential Annexation Area. The area is currently designated Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Map and has been pre-zoned R-1, one unit per net acre. Council is required to hold tonight's public meeting with the applicants in order to decide whether the City wishes to accept, reject, or geographically modify the proposed annexation. If the Council decides to accept the proposed annexation it will typically: 1. Authorize the circulation a 60% Direct Petition to Annex: 2. Decide whether to require the simultaneous adoption of zoning consistent with the Comprehensive Plan; and, 3. Decide whether to require property owners within the annexation area to assume their fair share of the City's existing indebtedness. ..• , . , ,. 0, •••-:,:v*: . 1 . l / •%-..,,N,'',4"t.,.Ap.,,!,:‘,-, vaili0 , , i H ---f— . _. Li1_,_ ..„...;'7".''7",:. ,?7!"."1-r.,,, 1 1 i------. i , i ,... i . , SE worn PI 1 I , -,..;_..,., ) . / , I I tr- ---- v) • SE 102nd St l' vc... 1 ) --<.--------1 --- ,-, v \---- 7 i— -- __ _ --- t , .„4„.„ 11•111111M 11•11••••••••••1111.1.....ii ._ tl - 1 cx r I 1 , ---- -- i-t: 1 ----t 7,. , i :I- ' ,.._,/ •,_ --------r- ,....... ' / 1 Ti -1- „...-, ,•llf-S1-," _- I , , ____ 1 ------• L_ i L_ _ -- 1 — I 1 --- -- L „-- i ,1 --r--- co\ ,4.0.-v Department of Community M ackay Ann ex ation to:&Economic Development Alex Pietsch, min istr ator Legend Ad Vicinity Map Adr ian a Johnson,Planning Technician Mackay Annex Boundary 1City limits August 11,2008 r:i., PAABoundary F rod0 150 300 -I ,,,i Ct b.; r,,Renton i,12.1-0-3 th,,I:It.,c.t IIMMIIMIII=Feet ! Renton all Hall,1 ez er arad 4c,L.aa1Fantlea ol an,:,art atcludIng 1,1 not Imaited to sc.:um,.taries3 ur File 1/aril, ,F D rl'-.P)1-I'._pr n1 ed'vin ne:a fion:. 1:3,600 rrierchantabilty a,cov any thE pr-duct IMO CITY OF RENTON COUNCIL AGENDA BILL AI#: petp Submitting Data: AJLS For Agenda of: September 22, 2008 Dept/Div/Board.. Mayor's Office Staff Contact Marty Wine, Assistant CAO Agenda Status (x6526) Consent X Subject: Public Hearing.. Initiative 985 concerning Transportation Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Nkire Initiative Measure No. 985 concerning transportation has been certified to the November 4,2008 ballot. This statewide measure would open high-occupancy vehicle lanes to all traffic during specified hours, require traffic light synchronization, increase roadside assistance funding,and dedicate certain taxes, fines, tolls and other revenues to traffic-flow purposes. Initiative 985 redirects state funding to a"Reduce Traffic Congestion Account" (RTCA)made up of 15 percent of the 6.5 percent state sales and use tax imposed on motor vehicle sales; 0.5 percent of all state transportation capital funding; certain excess toll revenues; and gross revenues generated from local traffic safety camera infractions.Funding must be used for opening carpool lanes to all traffic during non-peak hours; costs of synchronizing traffic lights on heavily-traveled arterials and streets; emergency roadside assistance; and for the State Auditor to perform required accountability measures.After funding the above, the State must spend remaining balances on roadway capacity to reduce traffic congestion. RCW 42.17.130(1)provides that if the City Council is to take action to support or oppose the measure, action may be taken at an open public meeting by members of the elected legislative body so long as the notice includes the title and number of the ballot proposition,and"members of the legislative body...or members of the public are afforded an approximately equal opportunity for the expression of an opposing view." STAFF RECOMMENDATION: Set a public meeting date of October 6, 2008 to consider Initiative 985, solicit public comment, and consider a position supporting or opposing the measure. Rentonnet/agnbill/ bh CITY OF RENTON COUNCIL AGENDA BILL I Az#: ' .submitting Data: For Agenda of: Dept/Div/Board.. Community & Economic September 22, 2008 Development Staff Contact Angie Mathias x6576 Agenda Status Consent X Subject: Public Hearing.. X PROPOSED ANNEXATION Correspondence.. Springbrook Terrace Annexation Ordinance Resolution X Old Business Exhibits: New Business Resolution Study Sessions Issue Paper Information Recommended Action: Approvals: Council concur to adopt a resolution initiating an Legal Dept X annexation and set a Public Hearing date for October Finance Dept 20, 2008 Other ,,Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The City would like to begin the process of annexing an area that is currently an unincorporated island. The area previously has been known as Anthone' Expansion, but is now being called the Springbrook Terrace Annexation area. The proposed 19.9-acre annexation site is entirely surrounded by the existing City limits. It is located south of S 55th Street, east of Talbot Road South, and north of the Springbrook watershed. State law requires the Council indicate the intent to annex the area by a resolution and to then hold a public hearing in which residents and property owners of the area are afforded an opportunity to be heard. STAFF RECOMMENDATION: Council adopt the resolution declaring the intent to annex the Springbrook Terrace area and set October 20, 2008 for a public hearing where residents and property owners have the opportunity to be heard. Agenda Bill.doc ,k(cY o CITY OF RENTON + 41 DEPARTMENT OF COMMUNITY & ECONOMIC • DEVELOPMENT •N -c0� MEMORANDUM DATE: September 22, 2008 TO: Marcie Palmer, Council President City Councilmembers VIA: Denis Law �, FROM: Alex Pietsch, Administrator p��.. STAFF CONTACT: Angie Mathias (6576) SUBJECT: Springbrook Terrace Annexation ISSUE: The area previously know as the Anthone' Expansion is now an unincorporated island of King County Renton's city limits. This area is now being referred to as the Springbrook Terrace Annexation Area. The area was not included as a part of the Benson Hill Communities annexation and continues to be served by King County. In order to initiate the annexation of this area the City Council may approve a resolution that indicates the intent to annex the area and sets a public hearing date. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council initiate the annexation of the Springbrook Annexation area, an unincorporated island. If Council concurs, the Administration recommends that it take the following actions (pursuant to RCW 35A.14.295): • Adopt the resolution announcing the intent to annex the 19.9 acre unincorporated island known as the Springbrook Annexation area; and, • Set a public hearing at which residents of the area are to be afforded the opportunity to be heard. Page 1 of 6 Proposed Springbrook Terrace Annexation ANNEXATION OF UNINCORPORATED ISLANDS SUMMARY Summary of Two Methods In Washington State there are two additional methods that code cities may use in order to annex areas that are unincorporated islands. The first method is to annex by resolution and ordinance and the other is to annex by interlocal agreement. For the purposes of this annexation, the Administration intends to use the first method by adopting a resolution. Following the resolution, a public hearing regarding the proposed adoption is held. After the public hearing, and with the approval of the Boundary Review Board, council may adopt an ordinance that annexes the unincorporated island. The annexation ordinance is then subject to referendum by residents of the area for 45 days. In order to initiate a referendum, voters in the annexation area representing 10% of the number of votes cast in the last general election may file a petition with the city council. If a referendum is submitted,then the City shall bear the cost of the election. The second method by which unincorporated islands can be annexed also begins with a resolution from city council. After the resolution is adopted, the county passes their own resolution and then the city and county enter negotiations for an interlocal agreement. This negotiation period lasts for 180 days, unless extended by either body for an additional 180 days. The city and county must hold a public hearing in the matter of annexation, this may be done jointly. After the public hearing, and with the approval of the Boundary Review Board, council may adopt an ordinance that annexes the unincorporated island. This method is also subject to referendum by the residents of the annexation area. However, in this method voters in the annexation area representing 15% of the number of votes cast in the last general election are required to file a petition. If a ' referendum is submitted then the City shall bear the cost of the election. Annexation of Springbrook Terrace by Ordinance Analysis Within the unincorporated island area identified as Springbrook Terrace, there are an estimated 103 voters registered at an address within the annexation area. 37 residents voted in the last general election. If residents in the area were to initiate a referendum on the ordinance for annexation, it would require 4 registered voters sign a petition for the first method and 6 registered voters for the second method. The cost of an election is dependent on whether or not it will be part of a general election or a special election item. According to the Annexation Handbook, if the referendum is filed at a date that falls within 90 days of the next general election, the vote will be a part of the general election. Staff estimates that if a referendum were to be initiated, it would go to a general election vote. The 2007 Benson Hill Communities annexation was voted on during the general election. In that election the cost to the City was $5,834.26 and the area had 7,584 registered voters. A per registered voter cost for that election was $.77. At that cost, a vote that occurred as part of the general election on the matter of Springbrook Annexation is estimated to cost the City $79.24. If the referendum were to fall to a special election, it is estimated that the cost to the City would be between $304.34 and $1,406.21. In 2003, a special election on the matter of annexation into the City of Renton for an area called Bales was held at a cost of$54.61. In that annexation vote there were 4 people voting. The per registered voter cost of the Proposed Springbrook Terrace Annexation Bales annexation vote was $13.65. At that cost, a vote in the Springbrook area is estimated to cost $1,406.21. The Preserve Our Plateau Annexation (POPA) annexation vote was also a special election. The election costs to the City were $9,254.35 with 3,132 registered voters, a per voter cost of $2.95. At that cost, a vote in the Springbrook is estimated to cost $304.34. The process of annexing unincorporated islands is relatively simple and efficient, but does have a risk of becoming slowed by a referendum. Should a referendum be filed, the cost of the election would be borne by the City. However, the costs associated with such an election would be relatively small. Proceeding with the Springbrook Terrace annexation under the resolution-ordinance method would be efficient with measured cost estimates that are relatively minimal. SPRINGBROOK TERRACE ANNEXATION AREA DETAILS 1. Location: The proposed 19.9-acre, Springbrook Annexation is located south of S 55th Street, east of Talbot Road South, and north of the Springbrook watershed. 2. Assessed value: The 2008 assessed valuation for the subject annexation site, at current development, is $19,961,000. 3. Natural features: The site slopes upward from Talbot Road South to the east. The north fork of Springbrook Creek is a class three stream that runs along the southern boundary of the area. Nose 4. Existing land uses: Existing development is residential and vacant land. There are 55 single-family homes and one apartment building that has five units. The estimated existing population is 138 people. 5. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation site as Residential Low Density(RLD). 6. Existing zoning: King County zoning is R-6. Public hearings and environmental review of the Comprehensive Plan designation and zoning for the area were completed during 2007 Comprehensive Plan Amendment cycle in conjunction with the Benson Hill Communities amendments. However, the zoning has not been adopted and zoning will be adopted during the annexation process. An additional public hearing will be held. The proposed zoning for the area is R-4 (residential four dwelling units per net acre) with one parcel zoned R-1 (residential one dwelling unit per net acre). 7. Public services: All responding departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Specific comments follow. Water Utility. The subject site is located within the City of Renton water service area by agreement under the East King County Coordinated Water System Plan. Nita"' A certificate of water availability from the District will be required prior to the Proposed Springbrook Terrace Annexation issuance of development permits within the subject area, following annexation to the City. Sewers. Sewer mains serve the Talbot Estates subdivision on its south and Springbrook Terrace subdivision on its east. The annexation site is located within the Renton Sewer Service Area and future sewers would be extended by developer extension, as the annexation area develops. Parks. There are two City of Renton parks located very close to the proposed Springbrook Terrace Annexation Area. Springbrook Watershed is immediately to the south of the annexation area. The watershed is a natural area that has walking trails. Cleveland Park is natural area located across Talbot Road from the annexation area. Community Services staff indicated that the City currently has a shortfall of parks in this area. The projected cost of developing a park within the annexation site, to a level consistent with the service levels in the City's Comprehensive Park, Recreation, and Open Space Plan, is an estimated one-time cost of$60,511 with an annual cost of $2,193 to maintain such a park. Fire. Fire District #37 provides fire suppression and emergency service to the proposed annexation area and would continue to upon annexation Police. With an estimated future population of approximately 150 people for this annexation, it is estimated that there would be at least 150 additional calls for service per year. Transportation. Staff notes that the right of way width on 90th Avenue South and 98th Place South is 40-feet, which is not as wide as current City of Renton standards that call for 50-foot rights of way for residential streets. However, the City also allows residential streets to be reduced to 42 feet in width through a modification process. Some of the existing roadways have rolled curbs with a sidewalk on only one side of the street and other roadways have no curb and gutters or sidewalks, which is not the standard for new development in the City. Staff indicated that if the streets were to be upgraded to City of Renton standards it might require right-of-way dedication. Additionally, the pavement thickness on 98th Avenue South, 98th Place South, 9961 Place South, and the section of South 55th Street that are within the proposed annexation area do not meet City of Renton Standards. Staff notes that any upgrading of these streets would be at the expense of existing property owners and new development. The area has street lighting that staff does not believe meets current City of Renton standards. The costs associated with energy for street lighting and the maintaninance of street signage, traffic control signage, and pavement markings may be incurred by the City, but would not represent a financial burden. The City would assume ownership and/or responsibility for 98th Avenue South 98th Place South, and 99th Place South, the section of South 55th Street within the area, and South 194th Street. The annexation would not require any additional transportation systems staff. Proposed Springbrook Terrace Annexation Building. The Building section did not indicate any concerns regarding the 'Slow proposed annexation. The proposed Springbrook Terrace Annexation Area is located in a portion of the City where it is not required that physical addresses be changed to the City of Renton addressing system upon annexation, therefore no households will have their physical address changed when the annexation becomes effective. ANALYSIS OF THE PROPOSED ANNEXATION: 1. Consistency with the Comprehensive Plan: Renton's Comprehensive Plan annexation policies generally support this proposed annexation. The subject site is within the City's Potential Annexation Area and has been subject to development pressure under the King County Comprehensive Plan, zoning, and subdivision regulations (Policies LU-36 and LU-37). The area would also be available for urbanization under Renton's Residential Low Density land use designation. Renton is the logical provider of most urban infrastructure and services to the area(Policy LU-38). 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. Now b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; The subject site is bounded entirely by existing City limits. c. Creation and preservation of logical service areas; Water and sewer service boundaries will not change as a result of this annexation. The Springbrook Terrace Annexation Area is in the Kent School District. The school district boundaries will not change, the area will remain in the Renton School District. The King County Sheriff s Department currently provides police protection to the area; upon annexation Renton will take over police service for the area. Pursuant to state law, there will be no change in the garbage service provider for at least seven years. d. Prevention of abnormally irregular boundaries; This annexation would bring the City limits to the Urban Growth Boundary. e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. No incorporations are proposed in this area. Proposed Springbrook Terrace Annexation f Dissolution of inactive special purpose districts; Not applicable. There are no inactive special purpose districts here. '"' sie g. Adjustment of impractical boundaries; Not applicable. However, it does bring Renton City limits to the Urban Growth Boundary. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; King County has designated this area for urban development because of its location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas by turning them over to cities as quickly as possible. Because the subject annexation site is within Renton's PAA and not in an area under consideration for incorporation, annexation is appropriate at this time. i. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed annexation area are rural or designated for long term productive agricultural use in the King County or Renton Comprehensive Plans. NIS 3. A fiscal analysis for the proposed annexation is attached. This analysis indicates that the proposed annexation would have an initial negative net fiscal impact of $636 per year. However, over the next ten years as property values increase and when the area is fully built out, with an estimated additional five single-family detached units, the fiscal impact would become positive at approximately $18,365 per year (assuming an assessed value of $500,000 per dwelling). The area currently does not have any parks within its boundary. CONCLUSION: The proposed Springbrook Terrace Annexation is consistent with relevant County and City annexation policies, as well as Boundary Review Board objectives for annexation. Reviewing staff has identified no major impediments to the provision of City services to the area. It is recommended that the Council begin the annexation with the unincorporated island method by adopting the associated resolution and setting the public hearing. SPRINGBROOK TERRACE ANNEXATION Units I Population 1 AV Existing dev. 60 138 $19,961,000 Ilorme Full dev. 65 150 $32,500,000 Assumptions: 2.3 persons/new SF household $359,691 AV/existing unit $500,000 AV/new SF home Revenues Total revenues Existing Full Rate Regular levyExisting ,$82,909.04" $57,568 $93,730 2.884 Full . :: $121,863:25 Excess levy $1,248 $2,032 0.06252 State Shared Rrevenues Rate (per cap) Existing Full Liquor tax $3.23 $445.42 $482.54 Liquor Board profits $7.31 $1,009.18 $1,093.28 Gas tax- unrestricted $14.14 $1,951.31 $2,113.92 MVET $0.19 $25.59 $27.72 Camper excise $0.75 $103.50 $112.13 Criminal justice $0.73 $101.04 $109.46 Total $3,636.05 $3,939.05 Miscellaneous Revenues Rate Existing Full Real estate excise* $75.35 $10,398.11 $11,264.61 Utility tax** $133.20 $7,992.00 $8,658.00 Fines &forfeits* $14.98 $2,067.40 $2,239.68 Total $20,457.51 $22,162.30 'err►: * Per capita ** Per housing unit-based on $2,220 annual utility billing @ 6%tax rate Costs Total ongoing costs Per capita Existing Full Existing $83,545,1.5 Contracted Services Full - $103,498:51 Alcohol $0.19 $26.22 $28.41 Public Defender $4.68 $645.84 $699.66 Jail $8.56 $1,181.28 $1,279.72 Subtotal $1,853.34 $2,007.79 Court/legal/admin. $66.92 $9,234.96 $10,004.54 Parks maintenance* $14.90 $2,056.20 $2,227.55 Police $276.89 $38,210.82 $41,395.06 Road maintenance** N/A $7,238.58 $7,238.58 Fire*** $1.25 $24,951.25 $40,625.00 Total $83,545.15 $103,498.51 *See Sheet Parks FIA **See Sheet Roads FIA *** Rate per$1,000 of assessed valuation (FD#25 contract) Net fiscal impact Existing 4636;,11. Full -,S18,3604 Revised 8-29 per Finance Memo ROADS MAINTENANCE CALCULATION SHEET SPRINGBROOK TERRACE ANNEXATION New Roadway: Zone Acres Linear Feet R-4 0 0 (assumes 155 linear ft/ac) R-8 0 0 (assumes 145 linear ft/ac) R-10 0 0 (assumes 140 linear ft/ac) 0 Estimated total linear feet of new roadway Existing Roadway: Zone Acres Linear Feet n/a 3,246 Linear feet of existing roadway 0.61 Linear miles of existing roadway Total Roadway: Zone Acres Linear Feet 3,246 Estimated linear feet of roadway at full development 0.61 Estimated linear miles of roadway at full development Costs: $7,238.58 Annual cost for existing roadways 1 'Estimated $7,238.58 Annual roadway maintenance cost at full develop. I NIS 14110 Revised 8-29-03 per Finance Memo PARKS ACQUISTION AND MAINTENANCE COST CALCULATION SHEET y SPRINGBROOK TERRACE ANNEXATION Needs: Acquisition of land for new neighborhood &community park Development of new neighborhood &community parks Maintenance of neighborhood &community parks Assumptions: $60,000 per acre for land acquistion $125,000 per acre for development(both neighborhood & community parks) $6,000 per acre to maintain neighborhood parks $7,000 per acre to maintain community parks 1.2 acres/1,000 for neighborhood park (LOS in Comprehensive Park Plan) 2.5 acres/1,000 for community park (LOS in Comprehensive Park Plan) 150 population after 10 years (projected growth) 65 housing units after 10 years (projected growth) $530.76 per single family unit mitigation fees 5 New single family units Per capita annual and one-time costs: One-time Costs: Acquisition: Neighborhood: 1 * 1.2/1000 *$60,000 = $72.00 Nifty Community: 1 *2.5/1000 *$60,000 = $66.00 Development: Neighborhood: 1 * 1.2/1,000*$125,000= $150.00 Community: 1 *2.5/1,000 *$125,000= $137.50 Total one-time costs: $425 per capita $63,612.25 Mitigation fees: New units * $530.76 = $2,653.80 Acquisition & development costs minus mitigation fees: $60,958.45 Ongoing costs : (1 * 1.2/1,000 *$6,000)+ (1 * 1.1/1,000 *$7,000) = $14.90 (park maintenance) Ongoing costs Maintenance Cost : $2,227.55 41110., ... . a . , *10 , , . 1 SE , , S 53rd P1 / \ ? 1 „ S 55th St ',- -•,„ 1 I i • fCi f .q; 't t -„,,,,• '- 1 1,,..,...ta! V-,,, ' ,, 1--- 1 ,. re\ ',7” 6''',,,,...,• si 1'''''" 4'' '-- 1 i Ir • * '. 44 '''' 1 -'''' -s4: ;, E :.i 11 , rift i . ‘lor /aft 1 . : ' = . . ,----,DePartMent of Comm,inttv Springbrook Terrace ' & Economic Development Legend -.... .. . ..— Annexation Area t—1 Springbrook Terrace Annexation Boundary ,. ,-.• L-•,-3 -- ---,109 ,•:- :i.:C-.. 4-2 INNINIl===111MININIMM F.,..1.! ; 1 '411110 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON DECLARING THE INTENT TO ANNEX AN UNINCORPORATED ISLAND KNOWN AS THE SPRINGBROOK TERRACE ANNEXATION AREA; DESCRIBING THE BOUNDARIES OF THE AREA TO BE ANNEXED; STATING THE NUMBER OF REGISTERED VOTERS RESIDING THEREIN AS NEARLY AS MAY BE; AUTHORIZING A NOTICE OF INTENTION TO ANNEX TO THE BOUNDARY REVIEW BOARD; SETTING A PUBLIC HEARING ON THE PROPOSED ANNEXATION FOR OCTOBER 20, 2008; AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH PUBLIC HEARING. WHEREAS, RCW 35A.14.295 - .299 designates a procedure for the annexation of unincorporated islands when those areas are less than one hundred acres in size and are at least eighty percent surrounded by a city; and WHEREAS, the area identified as the Springbrook Terrace Annexation Area is located Nlasov within Renton's Potential Annexation Area and is less than one hundred acres in size and is one hundred percent surrounded by the City of Renton; and WHEREAS, the City of Renton seeks to be in accord with King County Countywide Planning Policies by annexing areas in the designated Potential Annexation Areas and by providing those areas with urban services; and WHEREAS, the boundaries of the Springbrook Terrace Annexation Area are identified fully in Attachment B, but can generally be described as south of South 55th Street, east of Talbot Road South, and north of the Springbrook Watershed; and WHEREAS, the Mayor and City Council seek to afford residents and property owners of the Springbrook Terrace Annexation Area the opportunity to be heard by holding a public hearing; and New 1 istia RESOLUTION NO. 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 Renton City Council hereby declares its intent to consider the annexation of an unincorporated island of territory identified as Springbrook Terrace. The boundaries of the area are shown on Attachment A and a legal description of the area is included as Attachment B. SECTION III. Within the Springbrook Terrace Annexation Area it is estimated that there are 103 registered voters residing in the area. SECTION IV. City staff are hereby authorized and directed to submit the Notice of Intention to Annex to the King County Boundary Review Board. SECTION V. The City Clerk is authorized and directed to set October 20, 2008, as the date for a public hearing regarding the proposed annexation of the Springbrook Terrace annexation area by ordinance and to give public notice of said hearing by publishing this resolution in a newspaper of general circulation at least one time per week for two consecutive weeks prior to the date of the hearing. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor 2 RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES.1368:9/12/08:scr `mow '1/44100 3 7 CITY OF RENTON COUNCIL AGENDA BILL go AI#: !310 oillase Submitting Data: For Agenda of: September 22, 2008 Dept/Div/Board.. Fire &Emergency Services Dept. Staff Contact Bob Van Horne,Deputy Fire Chief, Agenda Status Safety&Support Services Consent X Subject: Public Hearing.. Washington State Patrol Agreement—Support for Correspondence.. Firefighter I-II Training Program Academy Ordinance Resolution Old Business Exhibits: New Business Interagency Agreement Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... $47,520.00 Transfer/Amendment Amount Budgeted $47,520.00 Revenue Generated $45,216 (Reim) Total Project Budget $47,520.00 City Share Total Project SUMMARY OF ACTION: The City of Renton is entering an agreement with the Washington State Patrol to conduct a joint recruit academy at the Lind Ave SW Training Center. The City will pay $3,960.00 per recruit for a total cost of$47,520.00 for 12 recruits. The State of Washington's Joint Apprenticeship Training Committee (JATC)will reimburse the City 80%of the cost($38,016.00) as a member of the State's JATC program. Furthermore,the City is also eligible to receive $7,200.00 from the State because the academy satisfies the requirements of the State's basic fire training program. After all reimbursements the City's cost will be $2,304.00. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the interagency agreement with the Washington State Patrol in the amount of$47,520.00 Rentonnedagnbill/ bh r WSP No. C090294GSC INTERAGENCY AGREEMENT '44•10, BETWEEN STATE OF WASHINGTON WASHINGTON STATE PATROL AND CITY OF RENTON FIRE AND EMERGENCY SERVICES DEPARTMENT THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Washington State Patrol, ATTN: Fire Training Academy, 50810 SE Grouse Ridge Road/PO Box 1273, North Bend WA 98045, hereinafter referred to as "WSP;" and the Fire and Emergency Services Department for the City of Renton, 1055 South Grady Way, Renton WA 98057, hereinafter referred to as the "Department." THE PURPOSE OF THIS AGREEMENT is to provide support for the Department's Firefighter I-II training program. IT IS, THEREFORE, MUTUALLY AGREED THAT: STATEMENT OF WORK Both parties shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Exhibit A, Statement of Work, which is attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on September 15, 2008 and be completed on December 15, 2008 unless terminated sooner as provided herein. IN CONSIDERATION WHEREOF: WSP shall be reimbursed for in accordance with Exhibit A. GENERAL PROVISIONS WSP staff providing services under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee and shall perform the duties required by this Agreement in a manner consistent with WSP policy and regulations, applicable state and local laws, and the Constitutions of the State of Washington and the United States. The assignment of personnel to accomplish the purpose of this Agreement shall be at the discretion of the Chief of WSP or designee. COMPLIANCE WITH CIVIL RIGHTS LAWS During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws. Page 1 of 6 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND THE CITY OF RENTON FIRE AND EMERGENCY SERVICES DEPARTMENT (continued) RECORDS MAINTENANCE Both parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. Both parties shall retain all books, records, documents, and other material relevant to this Agreement for six (6) years after expiration, and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. AGREEMENT MANAGEMENT The work described herein shall be performed under the coordination of Fire Chief I. David Daniels of the Department, and Mr. Frank Garza of WSP, or their successors. They shall provide assistance and guidance to the other party necessary for the performance of this Agreement. INDEMNIFICATION Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees, agents, and/or authorized subcontractor(s) while performing this Agreement. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) days' written notification to the other party. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance prior to the effective date of termination. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined in the following manner: The Chief of WSP shall appoint one member to the Dispute Board. The Department shall appoint one member to the Dispute Board. The Chief of WSP and the Department shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. Page 2 of 6 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND THE CITY OF RENTON FIRE AND EMERGENCY SERVICES DEPARTMENT (continued) Nor' ORDER OF PRECEDENCE In the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state statutes and regulations; 2. Special Terms and Conditions contained in the Statement of Work 3. General Terms and Conditions contained in this Agreement 4. Any other provisions of the Agreement, whether incorporated by reference or otherwise. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement. State of Washington City of Renton Washington State Patrol Fire and Emergency Services Department Now John R. Batiste, Chief Signature Date Date APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 2/12/02 Page 3 of 6 Exhibit A STATEMENT OF WORK 1. Purpose. The purpose of this Agreement is to to provide support for the Department's Firefighter I-II training program. 2. WSP Responsibilities. a. Student Textbooks and Materials. WSP shall provide the following couse textbooks and materials for each Department student: 1) 5th edition Firefighter Essentials Student Textbook 2) 5th edition Firefighter Essentials Student Workbook 3) 3rd edition Haz Mat for 1st Responders Textbook 4) 3rd edition Haz Mat for 1st Responders Study guide 5) 2008 Emergency Response Guidebook 6) Student Course Notebook with copies of: • Class Schedule (12 pages) • Student Rules and Regulations (40 pages) • Drill and Order manual (20 pages) • WAC 296-305 • IFSAC Task Sheets (75 pages) • ICS 100 and IS 700 (400 pages) • Notebook/dividers b. Other Course Materials. WSP shall also provide the following to the Department: 1) Instructional lesson plans and course objectives 2) Copies of weekly chapter written exams to include hazardous materials quizes. 3) Course completion certificates and covers 4) Graduation Invitations and envelopes (10 per Department student) c. Fire Training Academy Instruction. WSP shall provide the following training for twelve (12) Department students at the WSP Fire Training Academy: Date Class 9-17 Fire Behavior 9-18 Fire Behavior 10-10 Thermal Balance 10-23 Forcible Entry 10-23 Two room fires 10-29 Vent skills 10-30 Vent skills 10-31 Vent skills 11-12 Haz Mat Test ,kao 11-13 Flammable Liquids Page 4 of 6 11-14 LPG & PFEs 11-19 Multiple Company Operations 11-20 Multiple Company Operations 12-02 Multiple Company Operations 12-04 Multiple Company Operations 12-09 Firefighter I-II Test WSP shall provide props necessary for Live Fire training at the North Bend facilities; the props will be in proper operational condition. 3. Department Responsibilities. a. Tools and Equipment. The Department shall provide the following tools and equipment for the Fire Training Academy instruction identified above: 1) Fire apparatus (1 engine for every 5 students) 2) Ladders ( 1- 24ft extension ladder for every 2 students; 1- roof ladder for every 2 students; 1- 35 ft extension ladder for every 6 students) 3) Salvage covers ( 1 cover for every 2 students) 4) Chainsaws (1- for every 3 students) If necessary and based on availability, WSP will supplement the Department's requirements with tools and equipment to meet the identified quantities. b. Department Instructors. The Department shall provide the instructional staff to instruct Firefighter I-II curriculum, Auto Extrication, and Hazardous Materials Awareness and Operations Level training to meet and National Fire Protection Association 1001 Standards, and International Fire Service Accreditation Congress certification.. 1) The Department shall acquire and dispose of vehicles use in Auto Extrication training. 2) WSP shall deduct the cost of providing instructors and equipment from the overall cost of providing this training to Department students if Department on- duty staff or equipment must be used. c. Food and Lodging. The Department will reimburse WSP for Department student meals provided by WSP and required for training at the Fire Training Academy. The cost of these meals is not included in the estimated costs of this Agreement as identified in Section 4 below. d. Graduation Ceremonies. The Department shall be responsible for all cost as well as scheduling and conducting the program graduation ceremonies including the facility, refreshments, audio visual equipment and music. 4. Rates and Fees. The Department shall reimburse WSP for its cost in providing training as identified in this Agreement of$3960.00 per student; this is according to fees Page 5 of 6 err ' DRAFT established in WSP's current Fire Training Academy fee study in effect at the time of the service. WSP's estimated costs, including any deductions for Department provided Nujoi instruction and equipment, are: Student Textbooks and other materials $ 3,940 Fire Training Academy Instruction $ 21,430 $ 25,370 5. Fire Training Academy Facilitiy Use. The Department's use of WSP Fire Training Academy facilities; Department instructor qualfications and conduct; safety; and live fire training rules are governed by the Department's Fire Training Academy Facilities Use Agreement between WSP and the Department. Page 6 of 6 WSP Agreement No. WASHINGTON STATE PATROL Fire Training Academy Facility Use Agreement Other Agreement No. This Agreement is between the State of Washington, Washington State Patrol and the Organization identified below. ORGANIZATION NAME Organization Location Address Organization Billing Address(if different from location address) Organization Contact Name Organization Contact Telephone Organization Contact Fax Organization Contact E-mail Address WSP Contact Information WSP Project Manager Name and Title WSP Project Manager Address Mr. Frank Garza WSP Fire Training Academy Fire Training Academy Administrator 50810 SE Grouse Ridge Road/PO Box 1273 North Bend WA 98045 Telephone Fax E-mail Address (425) 453-3000 (425) 888-3060 frank.garza@wsp.wa.gov WSP Administrative Contact Name and Title WSP Administrative Contact Address Mr. Jeff Hugdahl PO Box 42602 rants and Contracts Manager Olympia WA 98504-2602 ` to Telephone Fax E-mail Address (360) 596-4052 (360) 596-4077 jeff.hugdahl@wsp.wa.gov Agreement Start Date Agreement End Date Date of Execution 5 years from the Date of Execution ATTACHMENTS. The following Exhibits are attached to and incorporated into this Agreement by reference: - General Terms and Conditions - Exhibit A, WSP Fire Training Academy Facility Use Regulations - Exhibit B, Individual Release of Civil Claims and Indemnity Agreement This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Agreement and have the authority to enter into this Agreement. FOR THE WASHINGTON STATE PATROL: FOR THE ORGANIZATION: WSP Signature Date Organization Signature Date FOR: John R. Batiste, Chief Printed Name and Title APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 3/30/2004 Fire Training Academy Facility Use Agreement Page 1 3/30/2004 General Terms and Conditions ' 1. Statement of Work. Based on availability,WSP shall provide the use of its WSP Fire Training Academy facilities and other services to the Organization as requested. These facilities and services include: • Classroom use • Hazardous Materials Prop `I • Flammable Liquids Prop • Bum Tower • Search and Rescue Prop • Ship and Aircraft Props • Instructors for various subjects The Organization acknowledges that WSP shall not tolerate unruly behavior, including but not limited to,horseplay or roughhousing. The Organization and its members shall make every effort to ensure their own safety and the safety of others. If WSP determines that this section has been violated by the Organization,WSP may stop all Organization training taking place under this Agreement, order the Organization off of WSP premises, and restrict the Organization from the use of WSP facilities in the future. 2. Registration for Use of Facilities.The Organization must make all requests no less than five(5)business days in advance of facility use. The Organization shall make requests to use specific facilities available at the WSP Fire Training Academy to the WSP Project Manager identified on Page 1 of this Agreement. The Organization shall make this request in writing, and must provide the following information to WSP: • This Facility Use Agreement Number • The facility being requested • The dates/times the facility will be needed • The type of training the Organization will conduct • The number of students and trainers participating in the training • An Organization point of contact for this use If available,WSP shall notify the Organization in writing in order to confirm the Organization's use of the requested facility. WSP reserves the right to cancel any registration, however WSP shall notify the Organization of any such cancellations as soon as possit• 3. Facility Regulations. The Organization shall follow WSP Fire Training Facility Use Regulations while using WSP facilities under this Agreement. The WSP Fire Training Academy Facility Use Regulations are attached as Exhibit A to this Agreement. Additionally, each individual participating in the Organization's use of WSP Fire Training Academy facilities shall sign a Release of Civil Claims and Indemnity Agreement(Exhibit B)prior to facility use. 4. Fees. The Organization shall reimburse WSP for services rendered under the terms of this Agreement according to rates and fees established in the WSP Fire Training Academy User Fee Study in effect at the time of the service. Organizations can obtain this study from the WSP Project Manager identified on Page 1 of this Agreement. 5. Payment for Services.WSP shall bill the Organization no more than once per month in accordance with this Agreement. WSP shall send billings to the Organization billing address identified on Page 1 of this Agreement. The Organization shall reimburse WSP within 30 days of receipt of billing from WSP. 6. Definitions. "Agreement"Agreement means this WSP Fire Training Academy Facility Use Agreement, including all documents attached or incorporated by reference, and any amendments executed in accordance with this Agreement. "Organization"means the entity purchasing services under this Facility Use Agreement from WSP,and includes the Organization's officers,directors,trustees,employees and/or agents unless otherwise stated in this Agreement. For the purposes of this agreement, the Organization shall not be considered an employee or agent of WSP. "Subcontractor"means one not in the employment of the Organization,who is performing all or part of the Organization's activities under this Agreement under a separate contract with the Organization. "WSP" means the State of Washington,Washington State Patrol,federal employer identification number 91-6001127,and its officers, directors,trustees,employees and/or agents. For the purposes of this agreement WSP shall not be considered an employee or ager` of the Organization. 7. Assignment. The work to be provided under this Agreement,and any claim arising thereunder, is not assignable or delegable by either party in whole or in part,without the express written consent of the other party. Fire Training Academy Facility Use Agreement Page 2 3/30/2004 • General Terms and Conditions 8. Agreement Alterations and Amendments. WSP and the Organization may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind WSP and the Organization. 0 Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal *timeiand state nondiscrimination laws. 10. Disputes. In the event that a dispute arises under this Agreement,it shall be determined in the following manner: The Chief of WSP shall appoint one member to the Dispute Board.The Organization shall appoint one member to the Dispute Board.The Chief of WSP and the Organization shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. If applicable and as an alternative to this process,either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 11. Governing Law. This Contract shall be governed in all respects by the laws of the State of Washington. The jurisdiction for any action hereunder shall be the Superior Court for the State of Washington. The venue of any action hereunder shall be in the Superior Court for Thurston County, State of Washington. 12. Indemnification. To the fullest extent permitted by law,the Organization shall indemnify,defend and hold harmless WSP, agencies of WSP and all officials, agents and employees of WSP,from and against all claims arising out of or resulting from the performance of the contract. "Claim"as used in this agreement means any financial loss,claim,suit,action,damage,or expense, including but not limited to attorney's fees, attributable for bodily injury,sickness,disease or death,or injury to or destruction of tangible property including loss of use resulting therefrom. The Organization's obligation to indemnify,defend, and hold harmless includes any claim by the Organization's agents,employees, representatives,or any subcontractor or its employees. The Organization expressly agrees to indemnify,defend, and hold harmless WSP for any claim arising out of or incident to the Organization's or any Organization subcontractor's performance or failure to perform the contract.The Organization's obligation to indemnify,defend, and hold harmless WSP shall not be eliminated or reduced by any actual or alleged concurrent negligence of WSP or its agents,agencies,employees and officials. 13. Maintenance of Records. During the term of this Agreement and for six years following termination or expiration of this Agreement, both parties shall maintain records sufficient to document performance of all acts required by statute, regulation, rule,or this \greement;substantiate the parties'statement of its organization's structure,tax status,capabilities and performance;and demonstrate accounting procedures, practices and records which sufficiently and properly document WSP's invoices to the Organization and all expenditures made by WSP to perform as required by this Agreement. 14. Order of Precedence. In the event of any inconsistency in the terms of this Agreement,or between its terms and any applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following order to:applicable federal and state law, regulations and rules; any other provision of this Agreement;and any document incorporated by reference. 15. Personnel. WSP employees performing work under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee,and shall perform duties required under this Agreement in a manner consistent with WSP policy and regulations,and applicable federal,state and local laws. The assignment of WSP personnel under this Agreement shall be at the discretion of the Chief of WSP or designee. 16. Responsibility for Property Damage. The Organization shall be responsible for the actual costs for the repairs of any damage resulting from the Organization's misuse of any WSP facility under this Agreement. 17. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 18. Termination. Except as otherwise provided in this Agreement,either party may terminate this Agreement, in whole or in part, upon thirty(30)calendar days written notification. If this Agreement is so terminated,the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination. 19. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing and signed by in authorized representative of the party and attached to the original Agreement. Fire Training Academy Facility Use Agreement Page 3 3/30/2004 mawr • Exhibit A WSP FIRE TRAINING ACADEMY FACILITY USE REGULATIONS 1. General Rules for All Facilities a. Safety is the first concern while using WSP facilities. The Organization is responsible for ensuring that all training taking place through its use of Fire Training Academy facilities shall comply with Chapter 296-305 WAC(Safety Standards for Fire Fighters) and NFPA 1403. b. The Organization's Lead Instructor and/or Safety Officer shall ensure qualified basic life support providers are onsite and prepared to render aid if an injury or medical emergency occurs. The Organization or the Organization's Lead Instructor shall report all injuries to the WSP Administrative Building immediately, and submit a completed injury accident report to the Fire Training Academy prior to departure. c. The Organization must check in at the Fire Training Academy Administrative Building prior to beginning training. d. The Organization must ensure that all trash has been placed in appropriate trash containers, and that the facility configuration is returned to its original condition at the end of each day of use. e. No smoking is allowed except at designated sites. f. Alcoholic beverages and illegal drugs are not allowed at the WSP Fire Training Academy. WSP will dismiss from the premises any individual that,under the opinion of WSP, has a noticeable indication of alcohol on their breath or appears impaired by the use of illegal drugs. g. The Fire Training Academy Administrator or designee has the final say on determining if the Organization is complying with these Facility Use Regulations,and may suspend the Organization's use of WSP Fire Training Academy facilities if he/she determines that the Organization is not in compliance. 2. Classrooms a. No smoking is allowed in the classrooms. b. Place chairs on top of desks after the last class of the day. c. Ensure that all materials and trash are cleaned up at the end of the day. d. Do not open classroom windows or change thermostat control settings. 3. General Live Fire Training Rules a. Pre-Operational Checks. The Organization will ensure that all students have met the performance objectives of NFPA 1001, Standards for Fire Fighter Professional Qualifications. Each individual participating in the training must be equipped with a full complement of personal protective clothing and equipment that meets applicable NFPA standards. The Organization's Safety Officer will inspect all personal protective clothing and equipment to ensure that it is serviceable and in correct operating condition. Individuals with facial hair that interferes with the proper sealing of the SCBA facepiece will not be allowed to participate in training. b. Facility Inspection. Prior to conducting any training evolution,the Organization and Fire Training Academy staff must concurrently conduct a safety inspection of the props to be used during the training. The Organization's Lead Instructor and WSP Fire Training Academy staff will make the determination if the props are safe and ready for training. c. Water Supply. The Organization must establish at least two independent water sources for any live fire training evolutions. One source shall always be maintained as a backup supply and shall be ready to supply water instantaneously. All hydrants will be opened and closed per WSP Fire Training Academy operational procedures; any hydrant repair costs resulting from misuse will be passed on to the Organization. d. Rehab. The Organization must establish a safe rehab area away from the bum areas in use. The location of the rehab sector must provide students and instructors with an area free from smoke and contaminants in order to allow rest,fluid replenishment and health monitoring. .100 Fire Training Academy Facility Use Agreement Page 4 3/30/2004 WSP FIRE TRAINING ACADEMY FACILITY USE REGULATIONS (Continued) ' Burn Building. tea. Fire shall only be started in areas designated for fire training evolutions. No fires shall be constructed in areas that will impede ingress or egress of the Bum Building. b. Only Class"A"materials(pallets, hay or excelsior)shall be used in the Burn Building. Absolutely no flammable or combustible liquids are to be used at any time. c. No student will be allowed to start or stoke any fires. Instructors responsible for igniting and stoking fires shall wear full personal protective equipment/self contained breathing apparatus, and will use Fire Training Academy provided torches. d. Fire loads are limited to three(3)pallets and will never exceed more than five(5)standard size pallets. e. At the conclusion of live fire training,the Burn Building shall be jointly inspected by Fire Training Academy staff and the Organization for any remaining fire and for physical damage. The Organization shall ensure that all unusable burned materials have been extinguished and properly discarded into a Fire Training Academy designated dumpster or area. 5. Flammable Liquid Props a. Only Fire Training Academy certified instructors shall operate Flammable Liquid Prop control valves. b. Instructors responsible for igniting fires shall wear full personal protective equipment/self contained breathing apparatus, and will use Fire Training Academy provided torches. 6. Decontamination a. All students and instructors must decontaminate themselves using the potable water supply at the apparatus bay. All Fire Training Academy supplied equipment must be cleaned and stored in the proper location. All Fire Training Academy supplied nozzles must be cleaned and washed after use per Fire Training Academy procedures. Damaged or inoperable equipment shall be red tagged with a description of damage/operation problem, and reported to Fire Training Academy maintenance personnel. Fire Training Academy Facility Use Agreement Page 5 3/30/2004 For and in consideration of being permitted to use Washington State Patrol facilities at the Washington State Patrol Fire Training Academy; and understanding I am in no way an employee or agent of the Washington State Patrol; I, f (Please print your full name) for myself, my heirs, assigns or other successors in interest, do hereby release and forever discharge the Washington State Patrol, the State of Washington, its officers, agents, employees, agencies and departments from any and all liability for all existing and future claims, damages, and causes of action of any nature whatsoever which I may have or which may cause injury to me or which may otherwise arise as a result of my being a permissive user of Washington State Patrol facilities, and I do hereby waive any claim against the Washington State Patrol, the State of Washington, its officers, agents, employees, agencies and departments for personal injuries, loss of service, or medical expenses of whatever nature which might arise during or as a result of my , 0460/ being a permissive user of Washington State Patrol facilities. Furthermore, I do agree that I will forever protect, defend, hold harmless and indemnify the Washington State Patrol, the State of Washington, its officers, agents, employees, agencies and departments against any and all claims for damages, judgements, or liabilities by third persons that may occur as a direct or indirect result of my using Washington State Patrol facilities, including those resulting directly or indirectly from my acts or omissions, from the indemnitee's acts or omissions, or any combination thereof. Dated this day of , 20 Signed: Witness: CITY OF RENTON COUNCIL AGENDA BILL l Submitting Data: For Agenda of: 9/22/08 "►'° Dept/Div/Board.. Fire & Emergency Services Dept. Staff Contact Bob Van Horne, Deputy Fire Chief, Agenda Status Safety& Support Services Consent X Subject: Public Hearing.. Symtron Live Fire Training System—Service Correspondence.. Maintenance Contract with Kidde Fire Trainers Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Contract Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other IFiscal Impact: Expenditure Required... $43,092.00 Transfer/Amendment Amount Budgeted $43,092.00 Revenue Generated Total Project Budget $43,092.00 City Share Total Project SUMMARY OF ACTION: The City of Renton purchased the Live Fire Training System in 1999 to more realistically prepare the Renton Firefighters for incidents. Renton Fire & Emergency Services Department requires an ongoing maintenance agreement for the support of the system. The 3-year contract does not renew automatically. A new maintenance contract is required to ensure continued support of the Live Fire Training System. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the 3-year Maintenance Agreement with Kidde Fire Trainers in the amount of$ 43,092.00. Rentonnet/agnbilU bh GtiCY O FIRE DEPARTMENT � o� MEMORANDUM NT DATE: September 15, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: �iN` I. David Daniels, Fire Chief/Emergency Services Administrato STAFF CONTACT: Bob Van Horne, Deputy Fire Chief, Safety& Support Services SUBJECT: Symtron Systems, Inc. Maintenance Contract ISSUE The Washington State Safety Standard for Firefighters requires training commensurate with their duties. Training in the suppression of fires is an important aspect of the Fire & Emergency Services Department's training program. Given the limitations on the use of actual structures for fire training, the Department conducts much of this training using a Symtron Live Fire Training System. Noare The Department requires an ongoing maintenance agreement for the support of their Symtron System. The 3-year contract does not renew automatically. The fee for the 2008-2010 contract is $43,092.00. RECOMMENDATION The Fire& Emergency Services Department recommends that Council approve the contract with Kidde Fire Trainers to ensure continued vendor support for the Department's Live Fire Training System. This will maintain the resources, materials and equipment necessary to fully service the system. BACKGROUND SUMMARY In 1999, the City of Renton purchased the Live Fire Training System to more realistically prepare the Renton firefighters for incidents. Kidde Fire Trainers have been performing maintenance on our training system for the past eight years. Their ability to keep our Live Fire Training System in top operating order has been proven through our previous contracts. The new contract is needed to ensure continued support. CONCLUSION Vendor support for the Live Fire Training System is vital to the operations of the Fire & Emergency Services Department and is needed to maintain efficient and effective training for firefighters. h:\2000 safety and support services\contracts\kidde fire trainers-2008\kidde issue paper.doc ctrl► Kidde Fire Trainers,Inc. Idle Fire Trainers 17 Philips Parkway Montvale,NJ 07645-1810 USA y Tel+1 201.300.8100 A UTC Fire&Security Company ONO Fax+1 201.300.8101 www.kiddeft.com 6 February 2008 Via Facsimile: r.gunsoluf@ci.renton.wa.us Refer to: P08001-VA-08-87 Renton Fire Department 1900 Lind Avenue SW Renton,WA 98055 Attention: Roy Gunsoluf, Captain Subject: 1) Renton Fire Department, Maintenance Contract Proposal Renewal 2) Kidde Fire Trainers Service Terms and Conditions Dear Captain Gunsoluf: Kidde Fire Trainers is pleased to provide our price quote for maintenance support services for the Fire Trainer®T2000 Live Fire Training System at your facility. As the designer, manufacturer and installer of the Fire Trainer®T2000 Live Fire Training System, Kidde FT maintains the resources, materials and equipment necessary to fully service the trainer. Should you have any questions, or if I may be of further assistance, please do not hesitate to call me at (201) 300-8100, Extension 242. Yours sincerely, Valerie L. Arsen Customer Service Administrator Document No: P08001-VA-08-87 PROPOSAL for MAINTENANCE SUPPORT SERVICES for the FireTrainer0T2000 Live Fire Training Systems located at the Renton Fire & Emergency Services Department 1900 Lind Avenue SW Renton, WA 98055 err Prepared For: Renton Fire & Emergency Services Department 1900 Lind Avenue SW Renton, WA 98055 Prepared By: Kidde Fire Trainers 17 Philips Parkway Montvale, NJ 07645-1810 6 February 2008 1.0 SCOPE This document provides a description of the maintenance support services provided by Kidde FT, for the Fire Trainer®T2000 Live Fire Training System owned and operated by the Renton Fire & Emergency Services Department. 2.0 APPLICABLE DOCUMENTS Kidde FT supplied Operation and Maintenance Manual for the Fire Training Equipment. 3.0 MAINTENANCE PHILOSOPHY Kidde FT Technical Support Programs are designed to assist the Owner in the upkeep of the Fire Training Equipment by providing regularly scheduled support and unscheduled (corrective) support. Of critical importance to the success of any trainer support program is the participation of the Owner's training and support personnel in keeping detailed records, regularly performing system checks, providing interim maintenance and following troubleshooting procedures outlined in the Operation and Maintenance Manual. 4.0 SUMMARY OF PROVIDED SERVICES 4.1 Planned (Preventive) Support 44tad At a predetermined interval, Kidde FT will schedule a site visit by a trained technician to evaluate the Fire Training Equipment and implement all scheduled adjustments and parts replacements to ensure that the system is at a fully operational state. This service will include the following: • Check the operating performance of all fireplaces and make adjustments as required. • Clean and/or replace all filter elements. • Inspect all fans and blowers and lubricate all bearings. • Inspect all pilot spark igniters and replace as required. • Inspect all pilot spark flame rods and replace as required. • Inspect the fuel control station and make adjustments as required. • Clean the fuel control station inlet strainer • Inspect and calibrate all gas detection assemblies and replace sensor elements as required. • Inspect and adjust all smoke generators • Inspect the Programmable Logic Controller battery and replace as required. • Clean all equipment cabinets Kidde FT will provide Two (2) scheduled support visits per year at 6-month intervals.The approximate length of each visit will be two days. 4.2 Unplanned (Corrective) Technical Support Upon receipt of a request from the Owner, Kidde FT will schedule a site visit by a trained technician to evaluate and repair the Fire Training Equipment. The complexity of the required repair will determine the length of the visit. Kidde FT will furnish all parts, material, and labor required. 5.0 EXTENT OF COVERAGE 5.1 Items to be Maintained Kidde FT responsibility for Technical Support includes the Fire Training Equipment hardware and software provided by Kidde FT as described in the Operation and Maintenance Manual. 5.2 Exclusions Kidde FT will not be responsible for the following: • System hardware that has been abused or damaged. Now • Loss of the Owner's ability to train because of conditions beyond Kidde FT control. • Other exclusions are set forth in Kidde Fire Trainers Service Terms and Conditions. 6.0 OWNER RESPONSIBILITIES Consistently safe and reliable operation of the Fire Training Equipment depends on professional operation and quality scheduled support by skilled operating and maintenance personnel. Kidde FT, therefore, requires the cooperation of the Owner in the following areas: 6.1 Routine Record Keeping The Owner shall maintain daily log of Fire Training Equipment performance during training. 6.2 Interim Maintenance The Owner shall perform all interim maintenance tasks as described in the Operation and Maintenance Manual and maintain a log of all tasks performed. Owner will be Now- responsible for keeping the equipment and associated equipment rooms neat and clean. If Kidde FT is required to perform scheduled support, such as cleaning spilled smoke fluid from internal components due to improper handling, Kidde FT will bill the "IS service at the rate outlined under unplanned corrective maintenance to perform the clean up. 6.3 Approved Materials All parts required during interim maintenance of the Fire Training Equipment shall be selected in accordance with the approved parts list provided in the Operation and Maintenance manual. 7.0 PERIOD OF PERFORMANCE Kidde FT will initiate Technical Support at the Owner's facility following the receipt and subsequent acceptance of a formal contract or purchase order. Coverage provided in accordance with the plan and period stipulated in the contract or purchase order. All equipment to be included under this agreement shall be listed on this agreement, and is subject to inspection by Kidde Fire Trainers, prior to the commencement date. All equipment two (2) years or older will be subject to a pre-contract inspection charge. The inspection charge is waived if the equipment meets Kidde Fire Trainers standards. The customer shall pay all charges incurred in restoring the equipment to good operating condition at the standard Kidde Fire Trainers Time and Material Pricing Structure listed below. 8.0 TECHNICAL SUPPORT PROGRAM PRICING STRUCTURE 8.1 Option 1 Kidde FT proposal for our Technical Support Program for a three-year period starting 1 March 2008 will consist of the following: • Two (2) on-site schedule support visits. • On-call corrective support, as required. • Required replacement parts. Kidde FT firm fixed-price for this program is $43,092.00 (Forty Three Thousand Ninety Two Dollars). Our price will remain valid for a period of 30 days. Invoices submitted quarterly. Payment terms are Net 30 days. ed Note: Price quoted is contingent on Kent Fire Department renewing for three years. 44414.0, Accepted by: Denis Law, Mayor of the City of Renton Customer Signature Print Name & Title PO #: Date: 9.0 TIME AND MATERIAL PRICING STRUCTURE Unplanned (Corrective) Support (without coverage) Cost are billed at the following rates: Labor $150.00 per hour Travel time $100.00 per hour Parts and materials List minus 10% Airfare Actual cost • KIDDE FIRE TRAINERS-SERVICE TERMS AND CONDITIONS ARTICLE 1 WORK Kidde Fire Trainers shall provide the the ownership at the place of delivery, or the manufacture, equipment,data,services and/or training listed in accordance with transportation, sale or use of the product which is the subject of Kidde Fire Trainers' formal quotation, statement of work and this order. specifications. Payments shall be made to Kidde Fire Trainers as set forth in All data delivered hereunder are,and shall remain the property of Kidde Fire Trainers quotation. proviARTICI P 7 ENTIRE CONTRACT KiddeFire Trainers, subject to the rights of Buyer in data as (a) These terms and conditions shall supersede all prior oral and prded for in Article 16,Data. 8 : - : Without cost written agreements, communications and documen s to Kidde Fire Trainers, Buyer shall furnish the necessary site, between the parties with respect to the subject matter hereof. easements, facility, access and other to allow for the proper (b) No agreement or understanding in any way modifying these terms and conditions will be binding upon Kidde Fire Trainers maintenance services to be provided, and water, air, light, and unless made writing and signed by an authorized power at the locations of the work sufficient for Kidde Fire Trainers employee ofdein Buyer and KiddeFireTrainers. to fulfill its responsibility requirements, identified in the aforesaid Statement of Work(Attachment 1). Buyer shall also identify and ARTICI F R• iNCRFASF IN COST if the cost of the work be provide such permits,priorities or other order of public authorities increased by public laws, regulations or acts of public officials,by as may be necessary for Kidde Fire Trainers to perform the strikes, lockouts, embargoes, fire, earthquake, windstorm, flood, maintenance work described in of the aforesaid Statement of or other actions of the elements, acts of war or public enemy or Work(Attachment 1)on a non-interference basis. any cause beyond Kidde Fire Trainers'control which it could not ARTICI F 3• RIIYFR'S RFPRFAFNTATIVF Buyer shall provide have reasonably foreseen and provided against,not or if tin he comilitiess a Representative authorized to act for him under this contract. and performance furnished byBuyer The representative shall be available during normal working hours compliance with the requirements of this contract, then a as often as may be necessary to implement Buyers reasonable amount for any additional work or Increased cost shall responsibilities under this contract. be added to the contract price. All formal correspondence under this contract shall be addressed ARTICI F 9• INSPECTION ANr1 ACCFPTAN(IF to and forwarded from the parties' representatives as identified a) INSPECTION-During the progress of the work and up to the and to the addresses specified below: date of equipment acceptance, Kidde Fire Trainers shall at all MIXER: times afford the representatives of the Buyer every reasonable, Buyer To Provide Name and Address In Writing safe and proper opportunity for inspecting all work done or being done at the delivery site and also at the place of manufacture or preparation. b) ACCEPTANCE - Within five (5) days of completion of the maintenance services, Kidde Fire Trainers shall notify Buyer in BELLER: writing of the date of completion. The Certificate of Acceptance, • Contracts Manager included as Attachment 2, shall be signed by Buyer at successful Kidde Fire Trainers, Inc. completion of each maintenance service. 17-Philips Parkway ARTICt F 10• INSURANCE Kidde Fire Trainers shall carry Contractor's Comprehensive Bodily Injury and Property Damage Montvale,NJ 07645 1810 Liability Insurance and shall comply with Worker's Compensation ARTICLE 4. TIME OF COMPI FTION Maintenance of the Laws relating to the compensation of its injured workmen and will equipment shall be for the period of time specified in,and shall be provide Buyer with a Certificate of Insurance. Kidde Fire Trainers in accordance with the Statement of Work(Attachment 1). will provide a certificate of insurance stating the coverage Data shall be delivered in accordance with the schedule identified provided. Kidde Fire Trainers does not provide copies of In the Statement of Work(Attachment 1). Insurance policies. Kidde Fire Trainers shall provide non- ,. I., r . , r, 0 11 Should Kidde contributory primary insurance. The general liability insurance Fire Trainers be delayed in the Installation or in the completion of coverage will include coverage for products liability. Products work by the act, neglect or default of Buyer, or by other Liability Insurance,Bodily injury Liability Insurance and Property contractors not under the control of Kidde Fire Trainers, or by Damage Insurance shall be in an amount equal to $1,000,000 alterations, additional work, public laws, regulations, or acts of and will have an aggregate limit of $2,000,000. 30 days public officials, or by strikes, lockouts, embargoes, fire, cancellation notice will be provided. earthquake, windstorm, floods or other actions of the elements, Buyer shall be responsible for and,at Buyer's option and expense acts of war or the public enemy,inability to obtain materials,or by may insure against damage to, destruction of and loss of use of any cause beyond Kidde Fire Trainer's control,which It could not Buyer's existing property and all deliverable Article 1 equipment have reasonably foreseen and provided against, then the time as well as Kidde Fire Trainers property located on the Buyer's allowance hereinabove fixed for the completion of the work shall property or in the Buyer's facility, due to fire or other perils, prior be extended,at a minimum,for a period equivalent to the delay. to,during or after acceptance,however caused. ii, :- ,.r •: u . The price to ARTICLE 11• I IMITATION OF I IARII ITY—INTENTIONALLY be paid by Buyer to Kidde Fire Trainers for the performance of the pEt FTFf work specified in Article 1 hereof shall be as set forth in Kidde Fire Trainers quotation,which price includes all taxes or contributions ARTICI F 12• FORCF MA.IFIIRF A party will not be in breach at the present rate imposed by the Federal or State governments of this Contract or be liable to the other party if it fails to perform on Kidde Fire Trainers' payrolls and compensation to its or delays the performance of an obligation as a result of an employees. event beyond its reasonable control, including, but not limited Unless otherwise specified,the prices shown do not include any to, strikes, industrial disputes, fire, flood, act of God, war, other taxes. Unless prohibited by statute, Buyer agrees to pay to insurrection, vandalism, sabotage, invasion, riot, national Kidde Fire Trainers the amount of any Federal,State,City or other emergency, piracy, hijack, acts of terrorism, embargoes or 7 tax that Kidde Fire Trainers may be required to pay on account of KIDDE FIRE TRAINERS-SERVICE TERMS AND CONDITIONS restraints, extreme weather or traffic conditions, temporary closure of roads,legislation,regulation,order or other act of any 4. The warranty does not extend or apply to any equipment Armor government or governmental agency, that has been repaired, altered, or disconnected by AIITIC1 F 13• COMP' IANCF WITH FEDERAl, STATE ANIS Lova I AWS Kidde Fire Trainers warrants that in the persons not expressly approved by Kidde Fire Trainers, performance of this order,it has complied with or will comply with numb any whiequch t been assembly thereof, the serial all applicable Federal, State and Local laws and ordinances and number of which has removed or defaced or changed. all lawful orders,rules and regulations thereunder. ART► . 14• Here ARTICLE 16• SETTLEMENT OF DISPUTES OR Data deliverables under this contract as TISA(;RFFMENTR In the event of any dispute or disagreement identified in the Statement of Work or quotation(Attachment 1),or arising under this contract,it is mutually agreed,that upon written portions thereof, shall not,without the written permission of Kidde notice of either to the other party, both Buyer and Kidde Fire Fire Trainers be either (a)used,released or disclosed in whole or Trainers will use their best effort to settle such dispute or in part outside the Buyer, (b)used in whole or in part by the Buyer disagreement in a manner that is fair and equitable to both parties for manufacture or, in the case of computer software before either party can exercise the right of any legal action. documentation, for preparing the same or similar computer If both parties agree that a dispute or disagreement is of such software, or (c) used by a party other than the Buyer,except for nature that it cannot be settled as provided for above, then such emergency repair or overhaul work only, by or for the Buyer, dispute or disagreement may be submitted to arbitration in where the item or process concerned is not otherwise reasonably accordance with the Rules of the American Arbitration Association available to enable timely performance of the work,provided that in which event, the decision of the arbitrators shall be final and the release or disclosure thereof outside the Buyer shall be made binding upon both parties. subject to a prohibition against further use, release or disclosure. ARTICI F 17• rflVFRNINS I AWS The laws of the state of The attached legend (Attachment A hereto) shall be included on Washington,excluding its conflict of laws provisions,shall govern any reproduction,which includes any part of the data deliverables. the terms of this Agreement and all rights and obligations None of the limitations in this article shall be applicable to any hereunder.No conflict of laws provisions will be applicable. information that is deemed to be a public record by the city ARTICLE 18• ASSIGNMENT All and singular the terms, attorney or the courts and released pursuant to a public records covenants and conditions hereof shall be binding upon and shall request. inure to the benefit of the respective successors and assigns of ARTICI E 15 WARRANTY the parties hereto, but any agreement shall not be assignable by (a) Kidde Fire Trainers warrants to Purchaser that any part will either party without the written consent of the other,and shall not be free from defects In materials or workmanship for a period of become effective to bind Kidde Fire Trainers until it has been three(3)months(but not longer than its useful life)from the date approved by the signature of Kidde Fire Trainers President. of part shipment. (b) Warranty adjustment 1.if any defect appears within the warranty period,Purchaser shall Attanhment A:I invited Rights I solid immediatelyContract No.: Contractor:KIDDE FIRE TRAINERS,INC. provide Kidde Fire Trainers notification thereof, with written confirmation. This technical data shall not, without the written permission e Fire Trainers sole and exclusive liability,and Purchaser's sole and exclusive remedy shall be for Kidde Fire Trainers to of the above Contractor, be either (a) used, released or repair the part uors furnish aa replacement part for anydisclosed in whole or in part outside the(BUYER NAME),(b) part that,upon used In whole or in part by the(BUYER NAME) for test and examination by Kidde Fire Trainers, proves defective within warranty period. manufacture or, in the case of computer software wit 3.The shalt not take a corrective action with respect to documentation, for preparing the same or similar computer the warranty without written authorization from Kidde Fire software, or (c) used by a party other than the (BUYER Trainers. NAME}, except for emergency repair or overhaul work only, by or for the (BUYER NAME), where the item or process (c) Exclusions from Warranty concerned Is not otherwise reasonably available to enable 1. THE FOREGOING WARRANTY IS IN LIEU OF AND timely performance of the work, provided that the release or EXCLUDES ALL OTHER WARRANTIES, EXPRESS disclosure thereof outside the(BUYER NAME)shall be made OR IMPLIED INCLUDING THE IMPLIED WARRANTIES subject to a prohibition against further use, release or OF MERCHANTABILITY AND FITNESS FOR A disclosure. PARTICULAR PURPOSE. 2. Kidde Fire Trainers will not be liable for any special or consequential damages or for loss,damages or expense directly or indirectly arising from the use and maintenance of the Fire Simulation Training equipment or any Inability to use such equipment either separately or in combination with any other equipment or material or from any other cause, nor shall Kidde Fire Trainers be liable for personal Injury, death, or property damage arising from or connected with the use or maintenance of the part. 3. The warranty does not extend or apply to any part or associated equipment that has been subjected to misuse,neglect,accident,or improper use in violation of any Kidde Fire Trainers operator's manual. CITY OF RENTON COUNCIL AGENDA BILL AI#: 4,iel I 146. Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division September 22, 2008 Staff Contact Derek Akesson, x7243 Agenda Status Consent X Subject: Public Hearing.. Rainier Avenue S./S. Shattuck Drainage Bypass Correspondence.. DMJM Harris Contract CAG 06-065 Ordinance Supplemental Agreement No. 3 Resolution Old Business Exhibits: New Business Issue Paper X Study Sessions Supplemental Agreement No. 3 Information TIP#7 (2009-2014) Vicinity Map Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other I Fiscal Impact: (Fund T12703.f102.0018.002) 1101- Expenditure Required... $ 1,228,220 Transfer/Amendment Amount Budgeted $ 13,640,000 (2008) Revenue Generated $ 0 Total Project Budget $ 33,375,675 (2009-2014) City Share Total Project.. SUMMARY OF ACTION: The purpose of Supplemental Agreement No. 3 is to complete the design of the stormwater diversion pipe installation in Shattuck Avenue S. from S. 4th Place to S. 7th Street and complete the design of the street restoration for Shattuck Avenue S. between S. 4th Place and Houser Way S. Supplemental Agreement No. 3 reduces the maximum amount payable for the design contract with DMJM Harris from $1,261,863 to $1,228,220. This agreement reallocates $121,730 to complete the tasks outlined in the Scope of Work, from the remaining authorized funds for the Rainier Avenue S.- S. 4th Place to S. 7th Street Project. It also reallocates $60,556 to management reserve from the remaining authorized funds for the Rainier Avenue S. - S. 4th Place to S. 7th Street Project. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 3 to the design contract with DMJM Harris for the Rainier Avenue S. - Grady Way to S. 2nd Street Project (TIP#7) to complete the design of the Shattuck Avenue S. stormwater diversion pipe installation and restoration of the undercrossing at the railroad bridge. Ilissoi H:\Divisions\TRANSPlement Agreement N.ENG\PROJECTS\T12703-Rainier Ave-Grady Way to S.2nd St\TED 40_XXXX(Rainier Ave.Street Improvements-Shattuck drainage diversion)\DMJM\Agenda Bill MUM Harris Supplement AgreemeNo.3.doc tifY O PUBLIC WORKS DEPARTMENT as amo Ml‘Arrr0 E M O R A N D U M DATE: September 22, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: --� , Denis Law, Mayor Je FROM: ` Gregg Zimmerma ministrator STAFF CNTACT: Derek Akesson, Transportation Design Project Manager (x7243) SUBJECT: Rainier Avenue S./S. Shattuck Drainage Bypass DMJM Harris Contract CAG 06-065 Supplemental Agreement No. 3 ISSUE: Should the Council authorize the Mayor and City Clerk to execute Supplemental Agreement No. 3 Now to the design contract with DMJM Harris for the Rainier Avenue S. -S. Grady Way to S. 2nd Street Project (TIP #7)to complete the design of the Shattuck Avenue S. stormwater diversion pipe installation and restoration of the undercrossing at the railroad bridge? RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 3 to the design contract with DMJM Harris for the Rainier Avenue S. - Grady Way to S. 2nd Street Project (TIP #7) to complete the design of the Shattuck Avenue S. stormwater diversion pipe installation and restoration of the undercrossing at the railroad bridge. BACKGROUND: The original design contract with DMJM Harris was for the Rainier Avenue S. -S./SW 7th Street to S. 4th Place project (2007-2012 TIP #11). The original contract amount was for$707,248. The original contract was awarded April 17, 2006, with a completion date of December 31, 2008. The original scope of work included the design of a third northbound lane on Rainier Avenue S. between the intersections of S. 4th Place and S./SW 7th Street and the design of a replacement railroad bridge over Rainier Avenue S. to accommodate the additional northbound lane. The original scope of work also included the design of a new Rainier Avenue S. pump station. Since the BNSF Railway Company would not allow the raising of the railroad tracks at that time, Rainier Avenue S. was to Marcie Palmer,Council President Members of the Renton City Council Page 2 of 3 September 22,2008 be lowered underneath a new railroad bridge to accommodate a 16.5-foot standard vertical clearance. Since the street was to be lowered,the wet well for the pump station was to be replaced and increased in size to meet current surface water runoff regulatory requirements. These requirements would have required a new vault(or wet well)with the storage capacity to retain approximately 1,000,000 gallons of surface water runoff. A vault with this storage capacity would be roughly 100-feet x 100-feet x 14-feet in dimension. In the spring of 2007,the direction of this project dramatically changed when the BNSF Railway Company formally entered into an agreement with the City to take over the design and construction of the replacement railroad bridges over Rainier Avenue S.,Hardie Avenue SW and subsequently Shattuck Avenue S. At the time of this change,DMJM had reached 65% completion in the design of the original Rainier Avenue S.—S./SW 7th to S. 4th Place project(2007-2012 TIP#11) and had $215,832 remaining in the design contract. One result of the BNSF Railway Company taking over the design and construction of the replacement railroad bridge over Rainier Avenue S. was a change in the requirements for the bridge replacement. The end result was a raise in track elevation of approximately 3-feet over Rainier Avenue S. This eliminated the need to lower the southbound lanes of Rainier Avenue S. to achieve a 16.5-foot vertical clearance between the lower chord of the bridge and street. Without the need to lower the street,the wet well of the Rainier pump station can now remain as it is. However, because of localized flooding during major storm events,the key to leaving it in its current status was to determine if it was feasible to divert the stormwater to a new pipe in Shattuck Avenue S. The Scope of Work for Supplement No. 1 to the original design contract with DMJM Harris mainly covered the Shattuck Drainage Bypass Feasibility Study. It also covered some railroad bridge design work required by the BNSF Railway Company at the time of the handoff of the railroad bridge replacement portion of the street project. Supplement No. 1 was awarded on February 27, 2007,with a completion date of December 31, 2008. The contract amount for Supplement No. 1 was $120,726. This was added onto the original design contract budget with approval from the City Council. DMJM delivered the feasibility study in the spring of 2007. The study concluded that it was feasible to divert stormwater away from the Rainier Avenue S. pump station to a 48-inch diameter stormwater diversion pipe in Shattuck Avenue S. between S. 4th Place and S. 7th Street. The Scope of Work for Supplement No. 2 to the original design contract with DMJM Harris covered the Shattuck Drainage Bypass Final Design. It included engineering design and construction management services for the stormwater bypass and restoration of Shattuck Avenue S. underneath the new railroad bridge. Supplement No. 2 was awarded on October 31, 2007, with a completion date of December 31, 2008. The contract amount for Supplement No. 2 totaled $433,889,with$100,000 for construction management (when authorized by the City) plus $39,444 in management reserve (when authorized by the City). This was added onto the original design contract budget with approval from the City Council. The total authorized contract capacity for the original design contract plus Supplements No. 1 and 2 is $1,261,863. *04101 H\Divisions\TRANSPOR.TATIDESIGN.ENG\PROJECTS\T12703-Rainier Ave-Grady Way to S 2nd St\TED 40_XXXX(Rainier Ave Street Improvements-Shattuck drainage diversion)\DM.IM\Issue Paper DMJM Harris supplement 3 doc Marcie Palmer,Council President Members of the Renton City Council Page 3 of 3 September 22,2008 The scope of work included in Supplement No. 3 includes the completion of construction bid documents for the stormwater diversion pipe installation in Shattuck Avenue S. from S. 4th Place to S. 7th Street and the design for the street restoration of Shattuck Avenue S. between S. 4th Place and Houser Way S. To complete these tasks, DMJM Harris must: complete additional survey and potholing of existing utilities; additional drainage modeling to address review comments from Surface Water Engineering; additional geotechnical analysis for design of the foundations for the sacrificial beams; additional structural analysis for design of the sacrificial beams; and, additional environmental analysis to check groundwater samples at anticipated dewatering well points. DMJM Harris must also provide landscaping and irrigation design for the segment of Shattuck between S. 4th Place and Houser Way S. and prepare construction bid documents for these features. Supplemental Agreement No. 3 reduces the total contract amount from $1,261,863 to $1,228,220. This agreement reallocates $121,730 to complete the tasks outlined above, from the remaining authorized funds for the Rainier Avenue S. —S. 4th Place to S. 7th Street Project. It also reallocates $60,556 to management reserve, from the remaining authorized funds for the Rainier Avenue S. — S. 4th Place to S./SW 7th Street Project. Supplement No. 3 also extends the contract completion date of the contract by one year. Since this project involves the installation of a 48-inch diameter pipe in an 8-foot wide trench that is 12-feet deep, it is important to do this when the weather is dry. This restricts the actual construction time of fir* year to late spring, summer and early fall months. The construction of this project has been scheduled for 2009. The Transportation Committee was briefed about this on August 21, 2008. Since Supplement No. 2 includes the option of using DMJM Harris for construction management services, in order to exercise this option the contract needs to be extended. However, Supplement No. 3 does place an additional requirement on DMJM Harris to complete design of this project within 9 weeks starting from the day DMJM Harris receives a written Notice to Proceed from the City. cc: Peter Hahn,Deputy PW Administrator—Transportation Derek Akesson,Transportation Design Project Manager Juliana Fries, Transportation Program Development Coordinator Connie Brundage, Transportation Administrative Secretary H\Divisions\TRANSPOR TAT\DESIGN ENG\PROJECTS\TI2703-Rainier Ave-Grady Way to S 2nd St\TED 40 XXXX(Rainier Ave.Street Improvements-Shattuck drainage diversion)\DMJMVssue Paper DMJM Harris supplement 3 doc — Washington State Department of Transportation Organization and Address Supplemental Agreement DMJM HARRIS/AECOM Number 3 10900 NE 8th Street,Suite 750 Bellevue,WA 98004 Original Agreement Number CAG 06-065 Phone: 425-454-5600 Project Number Execution Date Completion Date 4/17/2006 12/31/2009 Project Title New Maximum Amount Payable Rainier Ave. -SW 7th St to S 4th P1 $ 1,228,220.00 Description of Work Design contract for Rainier Avenue-Grady Way to S 2nd Street Project to complete the PS&E for Shattuck Ave. S -Stormwater Diversion Pipe Installation and Restoration of the Undercrossing at the Railroad Bridge. The Local Agency of City of Renton desires to supplement the agreement entered into with DMJM HARRIS/AECOM and executed on 4/17/2006 and identified as Agreement No. CAG 06-065 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See"Exhibit B" attached. II Section IV,TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Completion Date• December 3l-2009 III Section V, PAYMENT, shall be amended as follows: See"Exhibit C" attached. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above,please sign in the appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature4010/ Date DOT Form 140-063 EF Revised 9/2005 Exhibit B Nifty, City of Renton Rainier Avenue/BNSF Improvements Supplemental Agreement No. 3 Project Description and Background The scope of work describes additional and modified work by the Consultant, DMJM Harris, to be performed concurrent with ongoing work. The purpose of this project is to install a new 48-inch diameter storm pipe in Shattuck Avenue S from S 4th Place to S 7th Street. This new pipe will divert storm water away from the Rainier Avenue pump station. By diverting rainfall runoff from the Rainier pump station, the City will not need to replace the Rainier Avenue pump station as part of the Rainier Avenue Street Improvement Project. This project will also restore the crossing underneath the new railroad bridge. Per an agreement between the City of Renton and the BNSF Railway Company, the City is required to construct and maintain portals leading to the new bridge. These portals include a "sacrificial" steel beam that spans the street. The purpose of this "sacrificial" beam is to prevent all vehicles with heights exceeding the vertical clearance underneath the new bridge, from attempting to pass underneath it. Additional scope of work and services are being included in the current contract for the PS&E effort for the Shattuck Avenue Diversion Sewer Project. General Scope The Consultant, DMJM Harris, will be responsible for performing the engineering and delivering the following major items of work for the corridor that includes the street between Houser Way S to S 4th Place and storm sewer improvements along the limits of the project. • Contingency for survey support • Provide additional drainage modeling study • Geotechnical support of foundations needed for the sacrificial beams • Provide added PS&E design support for sacrificial beams • Produce informational flyers • Check water quality from anticipated well point extraction • Provide for landscaping and irrigation design • Provide additional potholing Specific Tasks Task 1 - Project Management 1.1 Project Management Administration Services Additional Project management services shall be provided for additional changes to the scope and length of contract. These management services will include: 1.1.1 The Consultant shall provide project administration including budget, schedule, and monthly progress reports and invoicing. 1.1.2 The Consultant shall implement their ISO 9001 quality control/assurance program. 1.1.3 The Consultant shall provide technical oversight of deliverables. lire* City of Renton Page 1 of 7 DIAN HARRIS AECOM Rainier Avenue/BNSF Improvements Scope Change 3 Exhibit B 1.1.4 The Consultant shall provide coordination of plans and specs for inclusion into the total bid documents set. 1.1.5 The Consultant shall prepare and execute subconsultant agreements and shall manage and coordinate the work performed by the subconsultants. 1.1.6 The Consultant shall prepare and maintain a project schedule. 1.2 Meeting Coordination 1.2.1 Weekly Project City Meetings — Additional city meetings will be held predominately at Renton City Hall. The Project team will meet weekly with the City to discuss scope, schedule, budget and outstanding issues. These meetings are anticipated to last two hours and shall be attended by the appropriate discipline leads. The Consultant shall prepare an agenda prior to each meeting. The Consultant shall prepare meeting materials and take meeting notes during these meetings for distribution to the attendees. 1.2.2 Team Coordination Meetings —The Consultant shall meet with the additional project subconsultants on an as-needed basis. Meeting notes shall be taken and filed. Topics may include contract, amendments, quality control and project performance. Task 2 — Surveying Survey work task 2.1 will be performed by Sub-consultant Perteet. Potholing work task 2.2 will be performed by APS and supervised by DMJM Harris 2.1 Supplemental Field Surveying A contingency amount is provided to cover any incidental survey needs during design. Field information will be obtained as needed to complete and/or confirm final design. The Consultant shall provide supplemental field surveying and update base maps and incorporate new data into digital terrain model (DTM) for the project site. 2.2 Potholing The Consultant shall provide a potholing plan for approval by the City. A utility locate contractor will pothole existing utilities until these are correctly located to type, size and vertical depth and horizontal location of the utility. Depths of utilities and locations will be included in the basemap and pothole records will be provided. A traffic control plan will be produced for approval by the City prior to the potholing. The utility location tasks will be supervised and field verified by the Consultant. Up to thirteen potholes are estimated. Task 3 — Geotechnical Work to be performed by Jacobs Associates The geotechnical objective in the final PS&E phase of the project is to provide geotechnical support soil recommendations for the sacrificial beam foundations and dewatering evaluation. Page 2 of 7 DMjM HARRIS AECOM City of Renton Rainier Avenue/BNSF Improvements Scope Change 3 • Exhibit B 3.3 Field Investigation (Shattuck Avenue) PS&E *taw Provide design assistance to DMJM Harris for the foundation design for two rigid structures at the Shattuck Avenue BNSF Bridge that will serve as a sacrificial beam to prevent over height vehicles from passing under the bridge. Scope will include: • Develop the subsurface model of soil resistance. • Perform calculations of moment that will be transferred to the soil. • Perform general settlement calculations for foundation • Sketch a design of a typical foundation for the project. • Prepare a memo with figures and backup calculations. Task 4 —Drainage & Utilities Work to be performed by Rosewater. 4.3 Storm Sewer Modeling: Completed Additional Modeling Tasks: • Run a 5th hydraulic modeling scenario for the Shattuck Avenue Diversion including future improvements to 2nd Street. Include results in modeling report. • Refine model at the intersection of 7th Street and Shattuck Avenue to add drain inlets and surface ponding storage. • Analyze "4th Place Overflow Weir" alternative as proposed in Renton Surface Water Engineering Hydraulics Report Review Comment#2 dated 3/25/08. Document findings in brief technical memorandum. • Perform sensitivity analysis of Scenario 2A hydraulic model regarding drainage Nome basins and conveyance systems having the highest impact on the hydraulic grade line of the Shattuck Avenue drainage system. Make recommendations for areas of further model refinement. Additional Tasks to be Completed: • Finalize "Response to Hydraulic Report Comment#2" technical memo to document findings of additional modeling. • Integrate additional modeling into Modeling Report and finalize report once approved by Renton Surface Water Engineering. • Additional progress/coordination meetings Task 5 — Environmental Work to be performed by Cooper Zeitz Water sampling and testing will be completed from existing wells along Shattuck to identify any particulates that may be difficult to treat in meeting DOE water quality requirements or create restrictions for a King County Metro permit. Task 7 —Landscaping Work to be performed by EDAW The Consultant will prepare conceptual and final design for landscape enhancements for the Page 3of7 City of Renton DMJM HARRIS AECOM Rainier AvenueBNSF Improvements Scope Change 3 Exhibit B new driveway area under the railroad bridge from Houser Way to S. 4th Place. Plans, specifications and estimates will be prepared for landscaping and irrigation and checked for quality. Landscaping tasks will include: • Regrading of the site • Planting of trees and shrubs • Landscape plantings • Irrigation system Task 10 — Roadway PS&E Shattuck Ave. S. Storm Drain Project 10.5 Plans Sixteen half size sets of plans and plans in the PDF file format shall be submitted to the City for the 90% and 100% submittal milestone submittal reviews. One set of final bid set camera ready 22" X 36" reproducible mylar or suitable archival plans, four sets of half size sets and the plan set in PDF file format will be provided after the 100% review. 10.5.3 Typical Sections Two additional typical section sheets are added from what was stated in the original scope to address revised edge condition drainage and modified street configurations. 10.5.4 Roadway Preparation &TESC Sheet revisions were required due to changes to roadway alignment and concept due to BNSF required changes. 10.5.5 Roadway Plan and Control Sheets The Consultant shall prepare roadway and control sheets revisions. Additional plan sheets will be added to include alignment/right-of-way sheets. A change in concept includes developing a 20-foot wide driveway underneath the west span of the railroad bridge instead of split one-way streets under each span of the Shattuck bridge from Houser Way to So. 4th Place. 10.5.7 Intersection Detail Sheets Sheet revisions were required due to changes to roadway alignment and concept due to BNSF required changes. 10.5.9 Low Clearance Warning System Sheets As part of the Low clearance system for Shattuck Avenue, additional structural analysis and investigation is needed to develop the sacrificial beam system adjacent to the BNSF Bridge and the height detection warning system. 10.5.9.1 Sacrificial Beam Design Criteria-A code search will be made to determine relative codes or standards used to design the sacrificial beam for railroad bridges. Criteria will be suggested and a design approach will be prepared Page 4 of 7 City of Renton DMJM HARRIS AECOM Niro Rainier Avenue/BNSF Improvements Scope Change 3 Exhibit B based on the variables and codes discovered and agreed upon with the City. Nime Alternatives will be developed and discussed with the client and documented. 10.5.9.2 Sacrificial Beam Final Design- Final plans, details and calculations will be prepared. (3 additional sheets are assumed). 10.5.9.3 Height Detection Warning Design- Non off the shelf electronics will need to be investigated different from the scope for height detection. 10.5.11 Landscape Architecture Sheets -The Consultant shall prepare grading, planting, irrigation and detail sheets for the walkway area under the east span of the railroad bridge from Houser Way to S. 4th Place. (4 sheets are assumed to be provided by EDAW). 10.5.12 Signing, Striping and Lighting Sheets—The consultant shall prepare signing striping and lighting plans and details. (2 sheets are assumed). 10.6 Specifications -The Consultant shall prepare technical specifications and provide stamped specifications. A list of contractor submittals will be prepared for use by the City and construction management staff. 10.7 Estimates -The Consultant shall prepare an engineer's statement of probable costs. Task 11 - Public Involvement 11.1 Property Owner Flyers The Consultant shall prepare approximately 20 flyers that generally discuss the nature and limits of the project. Task 13 Quality Control 13.1 QA/QC The Consultant shall conduct quality control/assurance for all deliverable work in accordance with their DMJM HARRIS ISO 9001 procedures. This requirement will apply to all subconsultant deliverable work. The Consultant will include CAD standards reviews, quality control prior to 90% and final submittal deliverables. The City may request at any time to inspect and verify that the Consultant's work is in compliance with ISO 9001 QC/QA procedures. 13.2 Contractor Requirement Review(final PS&E) A master list of submittals will be created prior to construction based on contractor requirements as described in WSDOT Section 1-08 of the Special Provisions. Task 15 Additional Management Reserve The contingency reserve task is a set aside for use by the City for consultant services not included with this proposal that may be needed when design progresses and additional services are needed but not covered in the scope. The task descriptions and allocated budgets will be developed when requested by the City. Page 5of7 14110, City of Renton DMJM HARRIS AECOM Rainier Avenue/BNSF Improvements Scope Change 3 Exhibit B Deliverables: Monthly progress reports and invoicing. ii. Meeting minutes iii. Revised basemap & DTM iv. 90% & 100% Roadway plans specifications and estimates (PS&E)for Review v. "Response to Hydraulic Report Comment#2" technical memo (final) vi. Updated "Shattuck Avenue Stormwater Diversion Modeling Report" to include results of additional modeling vii. Signed/sealed camera-ready Roadway PS&E viii. Pothole plan ix. Pothole records x. Geotechnical report xi. Settlement calculations xii. Addenda & conformed set xiii. Prepare public information flyers xiv. Electronic files compatible to GIS standards xv. Final mylar or suitable archival format for record drawings xvi. Engineer's opinion of probable costs xvii. Specifications xviii. List of contractor requirement deliverables Deliverables by the City to the Consultant Completion of the King County Metro Discharge Permit will be assumed to be needed for expedited construction and will be prepared by the City. void The City will furnish the following information and review comments to the Consultant • Final design loading criteria will be approved for the design of the sacrificial beam. • Applicable As-built sheets of Shattuck Avenue Railroad Bridge Project Schedule Below are the major Consultant delivery milestones from notice to proceed. Deliverables Schedule: Deliverables Submittal Date* 90% Shattuck Avenue South Storm Drain project plans(S. 7`h Four weeks St. to 4th Pl. S.) including summary of quantities, estimates and contract special provisions.Assumes 1 week City review. 100% Shattuck Avenue South Storm Drain Project plans (S. Eight weeks 7th St. to 4th Pl. S.) including summary of quantities, estimates and contract special provisions.Assumes 1 week City review. Shattuck Avenue South Storm Drain Project plans, Thirteen weeks specifications and engineer's opinion of probable costs all- inclusive. Page 6 of 7 DMNM HARRIS AECOM City of Renton Rainier AvenueBNSF Improvements Scope Change 3 Exhibit B Now Page 7 of 7 ,,, City of Renton DMJM HARRIS AECOM Rainier Avenue/BNSF Improvements Scope Change 3 I I I I I EXHIBIT C DMJM HARRIS I AECOM City of Renton Rainier Ave.BNSF Improvements Detailed Labor&Fee Breakdown Final Design ..' TASKS Project Sr Struct`Sr Struct Sr.Design Design Senior Admin OIC Manager Engineer Engineer Engineer Engineer Editor CADD Inspector Assistant Direct Labor Rates 72.00 $ 55.00 $ 70.00 S 4717 $ 51.50 $ 32.00 $ 35.00 $ 24.00 $ 40.50 $ 29.11 Total 1.0 Project Management 24 24 48 (Project Administration 28 City Meetings 28 4 Project Coordination 2.0 Survey 4 1 1 Supplemental Field Surveying(Perteet) 20 3 25 Potholing Support(APS) 2 I 3.0 Geotechnical(Jacobs&Associates) 1 _ 3 4 I.Geotechnical Support 1 Dewatering Tests 1 4.0 Drainage utilities(Rosewater) 3 5 IMod&etnt Support 5.0 Environmental(Cooper Zietz) 3 5 1Water Quality Testing - 7.0 Landscape Architecture(EDAW) 4 3 7 (Planting,Grading and Irrigation 10.0 Roadway PS&E 2 2 2 16 8 26 10.5.3 Typical Sections 12 13 I 10.5.4 Roadway Preparation&TESC sheets 1 _ _ _ 56 4 20 32 16 10.5.6 Roadway Plan and Control Sheets 1 15 10.5.7 Intersection Detail Sheets 10.5.9 Low Clearance System I - 32 10.5.9.1 Sacrificial Beam Design Criteria&Concepts 8 24 24 120 8 2g 60 _ .,, f 10 5.9 2 Develop Secnficial Beam Final Design 8. 12 20 ` i 10 5.9.3 Develop Height Warning Detection Final Design 1 32 20 8 61 I 10.5.13 Signing,Striping&Lighting Plans(2 sheets) 4 8 20 _ 32 10.6 Specifications 1 16 8 25 110.7 Estimates _ I11.0 Public Involvement 1. - - 10 11 Property Owner Flyers 13.0 Quality Control 1 8 8 _ 17 9 Checking and Assurance for Submittals 8 I jContractor Reg1 Review 1 Design Totals: - 110 32 68 88 123 10 68 28 39 566 Direct Labor Cost _ $6,050 $2,240 $3,208 $4,532 $3,936 $350 $1,632 $1,134 $1,135 24,217 Overhead @ 139.536 DLC $8,442 $3,125 $4,476 $6,323 $5,492 $488 $2277, 81,582 $1,584 $33,790 Fee@30%DLC $1,815 $672 $962 $1,360 $1,181 $105 $490 $340 $341 $7,265 Total Labor Costs _ $16,307 $6,037 $8,645 $12,215 $10,609 $943 $4,399 $3,056 $3,060 $3,0132 7 Perteet(Survey) $2,740 Cooper Zeitz(Water testing) $$2,854 EDAW $13,197 Jacobs Associates(Geotechnical support) $10,809 Rosewater(Add'(modeling) $9,685 APS 5$8,098 I Subtotal Subs. _ Reimburseables $200 Reproduction $100 I Mylars Travel $10 IIPosta,a for 20 F ers -Milage 400 Miles @.485/mile $50 Misc(FEDEX,Courier,etc) $360 IIITotal Reimbursibles I = $ 60,556 Additional Project Management Reserve $182,286 Supplement Fee to Contract °4I11110 Qty of Renton Rainier AvefE NSF Imp Fee Estimate 9/2/2008 Ma City of Renton Diversion Avenue Sewer 11 Detailed Labor&Fee Breakdown Pe r"teet Final Design-Surveying Contingency survey task work for incidental needs during design.Field information will be obtained as needed to complete and/or confirm final design. The Consultant shall provide supplemental field surveying and update base maps and incorporate new data into digital terrain model(DTM)for the project site. I Principal TASKS 2-Person 3-Person Project Survey/CAD Clerical/Survey Surveyor Sr.PLS PLS Field Crew Field Crew Surveyor Tech Asst. Direct Labor Rates $ 60.10 $ 42.50 $ 36.06 $ 54.50 $ 72.50 $ 31.50 $ 30.00 $ 21.00 Total 1.0 Project Management Project Administration 2 Project Meetings 2 3rd Party Coordination(BNSF, WSDOT,R/W) - 2.0 Surveying Research Horizontal Control Vertical Control Topographic Survey - Maintain Basemap - 7 7 6 20 8.0 Right of Way Attend Public Meetings Develop ROW Needs Appraisals - Offers _ Acquisitions - - 10.0 Roadway PS&E 13.0 Quality Control 'Checking and Assurance - Design Totals: 2 7 7 Direct Labor Cost 6 22 $120 $298 U $382 �0 §s) $180 �0 980 Overhead @ 158.01%DLC $190 $471 $0 $604 $0 $0 Fee @30%DLC $36 $89 $0 $0 $$284 $0$0 $$294 Total Labor Costs $0 $10 $5188 822 $346 Reimburseables $858 $0 $1,100 $0 $0 $0 $2,822 GPS Receivers @$150/day Robotic EDM 1 @$100/day Travel 188 @$0.485/mile $100 Digital Level @$50/day $91 Misc Total Reimburseabets $191 Total Fee $3,013 12000 441.110" MI \Cooper Zietz Engineers,Inc. r %100 South King Street, Suite 415,Seattle,Washington 98104 City of Renton Shattuck Avenue Storm Sewer Replacement Detailed Labor&Fee Breakdown Groundwater Sampling Sr.Civil Direct Labor Engineer (DL) Overhead Fee TASKS ($49.51/hr) (128.12xDL) (0.30xDL) Total Task 1 -Groundwater Sampling Labor Hours: 4.0 $198.04 $253.73 $59.41 $511.18 CoordinationS4.0 $198.04 $253.73 $59.41 $511.18 Reportinge Work 4.0 $198.04 $253.73 $59.41 $511.18 /Recommendations 12.0 $594.12 $761.19 $178.24 $1,533.55 Labor Totals: Unit Rate No.Units Total Reimburseable Expeness: R " T �° Analytical Laboratory(Friedman&Bruya,Inc.) ; -' '®"` `' $85.00 /sample 2 $170.00 Oil and Grease-EPA Method 1664 $50.00 Hardness-EPA Method SM2340 $25.00 /sample 2$90.00 /sample 2 $180.00 Cu,Pb,Zn,-EPA Method 200.8 $54.00 /sample 2 $108.00 Gasoline Range Organics-Ecology Method NWTPH-Gx $75.00 /sample 2 $150.00 Diesel Range Organics-Ecology Method NWTPH-Dx .00 350 Volatile Organic Compounds-EPA Method 8260B $181.25 /sample 2 $363.00W 3y Rental Equipment(Instrumentation NW,Inc.) °' ` I Horiba U-22 water quality meter $110.00 /day 1 I $110.00 Water level meter Mileage $35.00 /day 1 $35.00 ac, _ :$ 00. Travel $0.505 /mile I 80 I~ $1,206.00$40.00 Reimburseable Expense Totals: Fee for work described this page: $2,739.55 rINO City of Renton Rainier Ave/BNSF Imp. Draft Fee Estimate 4/15/2008 1 of 1 • >.. F., ECO 1rrr EDAW Inc 815 Western Ave Suite 300,Seattle,WA 98104 T 206.622.1176 F 206.343.9809 www.edaw.com May 9, 2008 Rex Meyer, P.E. DMJM Harris 10900 NE 8th Street, Suite 750 Bellevue WA 98004 RE: Shattuck Ave. S Storm Drain Project Landscape Architectural Services Dear Rex, Thank you for including EDAW on the Shattuck Ave. S Storm Drain Project for the City of Renton. We understand you have been requested to reduce the fee and services. With this letter of proposal we are submitting our revised proposal. EDAW is very pleased to present our proposal for Landscape Architectural services. The following Scope of Work, Deliverables and Fee Proposal reflects our understanding of the requirements of the project, which is based on our review of the preliminary documentation on the project and information you have provided to us thus far. Our fee estimate is broken down by the different deliverables and includes a $400.00 expense Niue budget. Scope of Services EDAW will provide the following services for a fee not to exceed $16,254 plus$400.00 reimbursable expenses as outlined in attached spreadsheet. Site Visit, Coordination, and review of landscape standards Planting Plan, Details and Specifications Irrigation Performance Specification (no Plan) Cost Estimates (1) Meetings (3 maximum) Quality Control 90%and 100% submittals to DMJM Extra Services Perspective Sketches Revisions due to change in budget Irrigation and Water service design We have made the following assumptions • DMJM Harris will provide AutoCAD base map • EDAW will attend three meetings four hours each • DMJM will prepare grading and paving plans and incorporate input from EDAW • Two submittals(90% and 100%)with reproduction and distribution by DMJM Harris • Plans will be prepared at 1"=20' • Irrigation water source designed by others per standard City data • No remediation or cleanup work is required DMJM Harris April 24,2008 Page 2 • SWMPP or erosion control plans by others • Soils information available from DMJM Harris Authorization to Proceed: Receipt of this Letter of Authorization ("LOA")executed by DMJM Harris shall constitute authorization to proceed on this project pending the parties' execution of EDAWs Professional Services Agreement. In the interim,the parties shall be subject to the following terms and conditions: Additional Services: Services in addition to EDAWs Scope of Work, when requested, shall be identified as such and billed at the current Billing Rate Schedule.Additional Services shall include, but are not limited to the following: A. Proposal Exclusions that the Owner deems to be EDAWs responsibility in negotiations B. GRAPHIC EXHIBITS -graphic exhibits required beyond those indicated in each stage of the Scope of Work. C. FEES -Payment for governmental permits, application fees, processing fees, and plan check fees. D.ADDITIONAL MEETINGS -meetings in excess of those indicated E. PERSPECTIVE SKETCHES, ILLUSTRATIONS/RENDERINGS-professional renderings requested by Client. Our fee proposal will remain open until June 15, 2008. We are prepared to begin work next week and look forward to hearing from you. Please do not hesitate to contact me if you have any questions regarding our scope of work or fee proposal. Yours sincerely, Sandra Fischer Director of Planning and Design Sandy.Fischer@edaw.com DMJM Harris hereby authorizes EDAW to proceed according to the Terms and Conditions set forth above and per the attached Scope and Fee. .(Sj AL(:.0M DMJM8mris April 24,2008 ^4ftwiv Page 3 This day of . 20 . DMJM Harris EDAW 1 AFCOM i , 1 City of Renton Rainier Ave.BNSF Improvements Detailed Labor&Fee Breakdown Final Design Irrigation- Finance-TN TASKS PIC-SF PM-RL CADD-LH TB EM and JB Direct Labor Rates $ 55.00 $ 33.65 $ 20.67 $ 35.42 $ 38.16 $ 28.91 Total 1.0 Project Management 6 6 Project Administration 16 Project Meetings 8 11 Coordination &Review standards 2 4 6 12 2.0 Data collection/Site Visit Data collection 8 Site Visits 4 4 3.0 PS&E 20 3.10 Planting Plans(1 sheet) 4 8 8 3.20 Grading Plan(1 sheet) 2 4 4 10 - - - - 3.30 Irrigation Plan(1 sheet) 4 6 3.40 Details(1 sheet) 2 6 3.50 Specifications 2 6 4 6 1fil 2 12 3.60 Estimates 2 6 2 4.0 Qualit Control 8 Checking and Assurance for Submittals(3%) 8 Design Totals: 34 49 28 14 6 131 Direct Labor Cost $1,870 $1,649 $579 $496 $159 Overhead @ 222%DLC $4,151 $3,660 $1,285 $1,101 $353 Fee @ 20%DLC $374 $330 $116 $99 $32 Total Labor Costs $6,395 $5,639 $1,979 $1,696 $544 $16,254 Reimburseables $80 Reproduction $$80 2 Car Rental Mileage 160 Miles©0.505/mile Misc(FEDEX,Courier,etc) $$120 0 Total Reimbursibles $16,654 Supplement Fee to Contract City of Renton Rainier Ave/BNSF Imp. Fee Estimate 5/12/2008 Now, I JACOBS ASSOCIATES I Engineers/Consultants 14 February 2008 To: Rex Meyer/DMJM Harris MPA 1523C From: Carol Ravano, JA RE: Scope and Budget Details, Shattuck Ave. Stormwater Improvement Project, Renton, WA As requested, Jacobs Associates is providing you with our scope and a breakdown of our budget for the current phase of work of the Shattuck Avenue Stormwater Improvement project. We are also providing you with a synopsis of our request for additional funds for both the DMJM work on the Rainier Avenue Bridge foundation and pavement design. The original scope of work for this phase of work on Shattuck Avenue, with a budget of$10,200, was to provided a design of the over height barrier adjacent to the BNSF railroad bridge on Shattuck Avenue. This includes: • Provide recommendations on spread and deep foundations; • Develop a subsurface soil model to be used for design purposes; • Perform calculations and write a summary memo on the results of our findings. On 13 February 2008, we were asked to provide recommendations for dewatering of the stormwater project. We requested $3000 for this task. This includes: • Reviewing subsurface soil information for the site; • Providing a written dewatering plan for the site, including recommendations on staging of the construction, as necessary. On 7 November 2007, we provided you with a request for additional funds on work accomplished for DMJM on the Rainier Avenue Bridge project and for Shattuck Avenue. The scope of work for that request is as follows: • An H-pile analysis to support the new Rainier Bridge after completing a caisson analysis. • Pavement analysis for Shattuck based on the re-routing of Rainier traffic. • Labor for field monitoring of borings and preparation of report for Shattuck Avenue not included in the original authorization. • Because of the change of approach when BNSF became involved, JA attended several long scheduling and work distribution meetings. • No geotechnical laboratory testing was in the original authorization. There was testing that did occur as a result of the field work. • Additional level of effort for the analysis to prepare the geotechnical report was not included in the original authorization. These scope items required an additional budget of $15,500 to complete. This includes labor, outside services and expenses. Please contact me with further questions. 811 1st Avenue,Suite 407,Seattle,Washington 98104 Phone:(206)682.0081 Fax:(206)682.0092 Page 1 2/14/2008 Jacobs Associates I Seattle 14-Feb-08 DMJM-Harris Shatttuck Avenue Stormwater $ 13,196.32 1 total DIRECT SALARY COST(DSC) Staff Classification Hours Rate Cost Principal 20 $74.92 $ 1,498.40 F.Pita Associate $ $ Senior Engineer 40 $ 46.00 $ 1,840.00 C.Ravano J.Schrank Project Engineer 10 $ 36.00 $ 360.00 Engineer/Geologist 18 $ 30.00 $ 540.00 S.Njolona Technical Staff $ - $ Drafter 0 $ $ Clerical Staff 0 $ - $ TOTAL DSC= $ 4,238.40 $ 4,238.40 OVERHEAD(OH Cost--including salary Additives)=OH Rate x TOTAL DSC Jacobs Associates 1.6556 FARS Overhead= $ 7,017.10 $ 7,017.10 FixedFIXED FEE(FF)=FF Rate x DSC Fee= $ 12,943.82 REEMBURSABLES Travel 500 miles @ 0.505 = $ 252.50 Computer Expenses 0 $ 50.00 $ - Reproduction Exp 0 $ 75.00 $ - Communication 0 $ 50.00 $ Equipment Chain Saw 0 days @ $50 = $ - Water Sounder 0 days @ $20 = $ $ Level 0 days @ $30 = $ - $ 252.50 Outside Costs CADD drafting 0 hours© $50 $ - Drill Rig or Backhoe from sheet 2 $ Geotech Lab from sheet 2 $0 $ - $ 252.50 Total $ 13,196.32 Jacobs Associates I Confidential Sheet1 Page 1 '4611w City of Renton Scope of Work for Shattuck Avenue Diversion Final Design Additional Hydraulic Modeling and Technical Report Tasks Background: As part of the drainage and roadway improvements for Shattuck Avenue S, it has been determined that additional hydrologic and hydraulic modeling is needed to more accurately assess the impacts to the downstream system from constructing the proposed Shattuck Avenue drainage system bypass. Scope of Work: Completed Additional Modeling Tasks: • Run a 5th hydraulic modeling scenario for the Shattuck Avenue Diversion including future improvements to 2nd Street. Include results in modeling report. • Refine model at the intersection of 7th Street and Shattuck Avenue to add drain inlets and surface ponding storage. • Analyze"4t Place Overflow Weir"alternative as proposed in Allen Quynn's Hydraulics Report Review Comment#2 dated 3/25/08. Document findings in brief technical memorandum. • Perform sensitivity analysis of Scenario 2A hydraulic model regarding drainage basins Now and conveyance systems having the highest impact on the hydraulic grade line of the Shattuck Avenue drainage system. Make recommendations for areas of further model refinement. Additional Tasks to be Completed: • Additional modeling sensitivity analysis, if requested. • Finalize"Response to Hydraulic Report Comment#2"technical memo to document findings of additional modeling. • Integrate additional modeling into Modeling Report and finalize report once approved by Renton Stormwater. • Additional progress/coordination meetings Deliverables: The following deliverables will be submitted in hard copy (2 sets)and electronically(.pdf) • "Response to Hydraulic Report Comment#2"technical memo(final) • Updated"Shattuck Avenue Stormwater Diversion Modeling Report"to include results of additional modeling Now' R:\60001557-Rainier Ave\Task 0002\300 Project Controls\360 Change Management\Addendum#3\Subs\Shattuck Addl Modeling Scope-RWE-rev I.doc ROSEWATER ENGINEERING Cit CONSUt11NG J City of Renton Detailed Labor&Fee Breakdown For Shattuck Avenue Diversion Final Design Additional Hydraulic Modeling andechf nical Report Tasks RoseWater Engineering,Inc. TASKS Project Project Senior Design Engineering Manager Engineer Consultant Engineer Tech(CAD) Project Admin Direct Labor Rates $ 48.00 $ 48.00 $ 61.75 $ 32.50 $ 34.75 $ 32.13 Total A.5th modeling scenario for improvements to 2nd St. 8 2 10 B. Model refinements at 7th&Shattuck 4 4 C. Analyze 4th Place overflow weir alt.,write memo 8 8 D. Sensitivity analysis of model to hydrologic mods. . .:. .-. ..-........-= :,. - 268 � 6 Ootnp,let044d1fortatNadelnj7Task>€=: . .. .- - --.. .__ .- . P� •:-:-:r=L:..�;�;?•:�.:;�E.-="=-.,- ''2 -. = s-":2 E. Additional modeling senstivity anlaysis,if requested. 8 8 F. Expand technical memorandum to document results 4 4 G. Additional progress/coordination meetings 12 12 H. Integrate additional results and finalize Modeling Report 12 4 16 I.QA/QC of. ex anded/fn.alized-m..o:.d.^eli,n .report -- - ' 2 ,Addib' nal�askbeC4P 8 8d i2 .24 2.:'Ft�� �. " a,, �o 4. .,�,x_i:�,•...�;s,- ����:. �• Design Totals: 12 50 2 - - 6 70 Direct Labor Cost $576 $2,400 $124 $193 3,292 Overhead @ 195.29%DLC` $1,125 $4,687 $241 $376 $6,429 Fee 30%DLC $173 $720 $37 $58 $988 1.1:. . ,... ==r�:: .. i=rk _:,- �atat•Caboir Costs—.; i�' —" •. � _;? - $1;874 $7;807 3902 � �`` - .. . '4627,, Reimbursables LL Travel(Meetings,site visits) $100 Total Reimbursables $100 _> =_,: '_ `: ti-:-0410,809 Updated 2004 forward pricing rate to 2006 audited overhead rate. City of Renton Shattuck Ave Final Design RWE Fee Estimate 4/25/ R:\60 aimer Ave\Task 0002\300 Project Controls\360 Change ManagementlAddendum#3\Subs\Shattuck Addl Modeling Fee-RWE-rev1 March 20th, 2008 Ji Applied Professional Services Inc www.apslocates.corn DMJM HARRIS ATTN:Rex Meyer Rex.meyer@dmjmharris.com (Renton, WA) Utility Test Holes: Shattuck Ave Storm Drain Project (Vacuum Excavation) APS, Inc. is pleased to submit a cost estimate for the project named above. SCOPE OF WORK: All test holes will be executed using our Air/Vacuum excavation system.DMJM HARRIS has chosen approximately 13 test holes on various utilities, for the above project. APS, Inc. will not be held liable for final restoration (i.e. overlay/new sidewalk panel, etc.) As this cost has not been accounted for in this estimate. Each test hole opening under asphalt or concrete will be temporarily repaired with either concrete or polymer adhesive asphalt patch. Each test hole will carry a 2-year warranty against failure from the date of execution. APS, Inc. shall provide the standard of care to repair each test hole as close as possible to the existing surface condition. All information gathered on utilities will include top, bottom, width, general soil conditions and asphalt/concrete thickness. Information collected on utilities will be returned to Rex Meyer with DMJM HARRIS in an excel format. At the completion of each test hole APS, Inc. will place a utility marker at grade showing the location and depth of utilities, or structures found. 1-3 %rr COST ESTIMATE: SERVICE PROVIDED I HOURLY I ESTIMATED HOURS I TOTAL COST AIR/VACTJUMSYSTENI5,160.00 (poral-to-ponal days) $ 215.00 24 $ PROJECT COORDINATION 4 $ 320.00 (�preview,permits,one-call,etc) $ 80.00 FI AGGNG(plus 15%) $ 49.00 48 $ 2,704.80 SEWER LOCATES $ 150.00 10 $ 1,500.00 $ _ PERMIT FEES(plus 15%) 9,68480 TOTAL PROJECT ESTIMATE 1 $ NOT TO EXCEED WITHOUT WRITTEN CLIENT APPROVAL: The project estimate is based on the estimated number of hours it will take to perform the Scope of Work. .If the work is completed in less time then the above estimate,then the final invoice will reflect the lower cost. If,however,the project requires additional time or costs to complete the Scope of Work then written approval to exceed the original cost estimate is required. TERMS: We invoice incrementally on a monthly basis and at the end of the job.Net 30 days on all billing.Please call if you have any questions or comments regarding this estimate.APS,Inc.will require a written notice to proceed upon acceptance of this proposal or sign on the signature block below prior to any project start- up. Ned Respectfully Submitted, Chris Dunham Applied Professional Services,Inc. S.U.E.Division Manager 206.571.1867-Cell Chrisd(a,apslocates.com ACKNOWLEDGMENT AND AUTHORIZATION TO PROCEED The undersigned herby acknowledges the terms and conditions of this agreement and authorizes APS,Inc.to proceed according to the scope of services,fees,and schedule contained herein. By: For:DMJM HARRIS ATTN: Rex Meyer Date: 2-3 Tasks included in the Utility Potholing service Nkomo ➢ Initiate "One-Call"request& interface with locators and Utility companies. ➢ Submit traffic control plans to the City, State or County as required. ➢ Obtain Right of Way use permits as required. ➢ Open test hole in asphalt or concrete no larger then 8"x 8", by method of jackhammer or coring. ➢ Expose utilities at each test hole location. ➢ Obtain top, bottom and width of utility or structure measurements as required. ➢ Return native soil or select fill to the test hole as required. ➢ Restore test hole in appropriate lifts using pneumatic compactor. ➢ Place a polymer asphalt patch or concrete over each test hole as required. ➢ Place washer or hub at each test hole location designating test hole number and pertinent utility information. ➢ Provide utility information on an Excel spreadsheet and/or test hole data sheet. Nape 3-3 CITY OF RENTON PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2009 -2014 SIX-YEAR TIP Rainier Ave. Improvements - Grady Way to S 2nd Street Functional Classification: Principal&Minor Fund: 317 Proj. Length: 0.89 mi Proj: 12703 TIP No. 7 CONTACT: Derek Akesson 425.430.7243 DESCRIPTION: STATUS: Improvements remove barriers,eliminate sub-standard conditions,control and consolidate The Sound Transit(ST)agreement authorizes$14.9 million ST funds for transit access points to existing major businesses,provide an enhanced pedestrian environment. improvements.Two State Pedestrian and Bicycle Safety Grants have been Project elements include adding BAT(business access and transit)lanes(north and awarded:$200,000 in 2006 and$230,000 in 2007(to be used for non-motorized southbound),removing the BNSF railroad bridge support pier,lowering the roadway to provide improvements). TIB awarded$2,202,000 in Transportation Partnership Program standard clearance under the bridge,adding left-turn lanes at intersections,widening sidewalks (TPP)grant funds in 2003.TIB awarded$1,906,200 in Urban Arterial Program(UAP) with streetscaping,adding pedestrian-scale illumination,bollards(at crossings),transit facility grant funds in 2006.$950,000 of mitigation funds must be dedicated to fulfill improvements(shelters, benches,info kiosks),planted buffer strips and landscaped medians. grant requirements to this project. JUSTIFICATION: CHANGES: Rainier Ave is a critical corridor in central Renton with existing operational problems and in need of Design and construction of the main trunk storm water(estimated as$800,000)will be infrasructure enhancements to provide greater ease of non-motorized and transit-based travel. Existing funded by Utilities and are not included in the TIP.Roadway construction is estimated to high level of traffic congestion and accidents. Improvements will enhance traffic flow and reduce accidents. start in 2010. BAT lanes will be provided from S 2nd St to Grady Way southbound and from Grady Way to S 3rd St northbound. I Funded:1 30,775,6751 Unfunded:j 2,600,000 Project Totals Programmed Pre-2009 Six Year Program ITEM Programmed Spent Pre-2008 2008 Total 2009 2010 2011 2012 2013 2014 EXPENSES: Planning • Preliminary Engineering 5,999,892 1,319,892 2,680,000 2,000,000 2,000,000 R-O-W(includes Admin) 5,100,984 984 100,000 5,000,000 5,000,000 Construction 11,129,799 29,799_ 700,000 10,400,000 6,000,000 3,300,000 1,100,000 Construction Services 1,540,000 140,000 1,400,000 800,000 400,000 200,000 BNSF Bridge-work by others 9,605,000 3,204,607 6,400,393 , TOTAL EXPENSES 33,375,675 4,555,282 10,020,393 18,800,000 7,000,000 6,800,000 3,700,000 1,300,000 SOURCES OF FUNDS: _ Vehicle Fuel Tax 40,0001 40,000 15,000 20,000 5,000 Business License Fee 1,302,887 109,487 100,000 1,093,400 176,600 441,800 350,000 125,000 Proposed Fund Balance 3,480,168 3,480,168, Grants In-Hand(TIB) 4,108,200 399,000 3,709,200 489,400 1,835,286 998,138 386,376 - Grants In-Hand(WSDOT) 430,000 430,000 64,000 208,620 113,460 43,920 Mitigation In-Hand 2,989,420 399,700 1,311,630 1,278,090- 420,000 349,294 218,402 290,394 Other In-Hand(Sound Tran.) 14,225,000 166,927 4,408,763 9,649,310 _ 5,850,000 2,450,000 1,200,000, 149,310 Other In-Hand(WSDOT bridge say 4,200,000 4,200,000 _ _ , Grants Proposed(T.I.B.) 2,600,000 2,600,000 _ 1,500,000 800,000 300,000 Other Proposed _ , Undetermined _ TOTAL SOURCES 33,375,675 4,555,282 10,020,393 18,800,000 7,000,000 6,800,000 3,700,000 1,300,000 Ranier ST City funds 07&08 5,045,490 o7/23/2ooe Jac PM 5-7 FINAL SITE MAP Shattuck Ave. S Stormwater Diversion Pipe Installation and Restoration of Undercrossing at Railroad Bridge �I r� , "P tag :s k I � ! rt -' ' , ' ."``tet . „ .. x ifitt ice! ` -', ht North It -= Z_ ,may ,- .E s Y 7r �,�"'; -- 'i 14,:'4L-1.'(..g' ,, i , '''''-;;T;-'7.:Tg`711,.1';g1-4;-1.6.41, t.-:!;: -.,,,':•'-:-.-441.01 :=•' .:',-: ,.,,>.'.,, ,'--,?:24, :,%.,..-.:-..1,.cro.,7.. ..,,„... ,..-4:...„ - ' 'I-.: '::::-`'• '''"...4i' irilt41,1:Vigi4Vf..1.1,...,:yrx.i.4 ---:',-=q--,'':id,-",f,-4-1114-.-,::.N.,,..W7'.4-7. .q-1:-.-:;:,14; ,...._ :',,,,,--... ..;,-'',;;;Lii It51 1 y3 i t..a"i'r : rc ea 4 .ay � Fy ,3 7 L k--r -- _,L„,,.-*,,,,,,„:.::,,, fSlay is # §' i� T 1 u.u42 ri, � �� , S ( bib sl . l't � {, i , ,, !. ...,,,.,:,,. . , pg ,..c.Ilisr,r.,,c4r.4k_.,:vt-72,_:i.,,_.z. ,.., ,,,:4,i4.,..,,,, ..t4,,, ..„.. .e..rir 4‘;':,,: ,:"..;,';-7;41WF1;''''-f-- i-'i..-I4'' .4-4- �..-,.ter b a l'''.,'-',",,,'If ! ll 217 3 'lk C� At�� �t 2� ^0 t t:'.''4,...-, t ` 14 2 --pfi• .P' '# ,,,'.4t....!---•'-r 4,"n „ � Phi Si . � p Y aTo i tRry �� .,. YU # r t '3 i E7:,•:-.,--,e4h, -. . -- ;.1'.;,,, oiiiotsviq -4,-,14.:1*.izre.... RI-tip.T.--„: . --_-41-.7-,Toi:, - ..,.: ..4' . ',i.:lf,-. .i'L-;:::::;',::1'itt:,..7:4;q:LiO'iL C.I,r.V..:1,iiif..?,47:*._1-Ntlf,.'-.- 41:2::: ' .-ie,., Ir':.;"1'.:',.1,-i ...A.56'',iiif;;;;‘;,.:-.'•:‘,•:::1:1-'!. s, . E`.^4 2 .Z-`,.. i`,Z#r+ .F; . ._` •`gpY'' _ x Lam•..-. ;_. `' ■gym New 48 inch diameter Stormwater Diversion Pipe z UndercrossingRestoration — sidewalks, pavement, sacrificial beams CITY OF RENTON COUNCIL AGENDA BILL I m#: Ye 30 1 Li Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division September 22, 2008 Staff Contact Peter Hahn, Deputy PW Agenda Status Administrator- Transportation (ext. 7242) Consent X Subject: Public Hearing.. Memorandum of Understanding with the Washington Correspondence.. State Department of Transportation Regarding Utility Ordinance Adjustments or Relocations for the I-405/I-5 to SR 169 Resolution Stage 2 - Widening Project Old Business Exhibits: New Business X Issue Paper Study Sessions Memorandum of Understanding Information Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other I Fiscal Impact: N/A 14 7Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Washington State Department of Transportation (WSDOT) I-405/I-5 to SR 169 Stage 2 - Widening project, scheduled to begin construction early 2009, will build an additional lane on I-405 in each direction between SR 167 and SR 169, reconstruct Benson Road from City Hall south over I-405, widen Talbot Road South between South Renton Village Place and South Puget Drive, and construct a half-interchange at Talbot Road South. WSDOT intends to execute this project using the design-build method of project delivery. This Memorandum of Understanding establishes and outlines the general procedures for adjustment of City utilities to accommodate the I-405 Stage 2 project, with the anticipated result of mutual benefit to both highway users and utility customers. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the Memorandum of Understanding with WSDOT regarding the utility adjustments or relocations for the I-405/I-5 to SR 169 Stage 2 - Widening project. H:\File Sys\TRP-Transportation Planning&Programming\TRP-I0-Transportation Planning Projects\WSDOT I-405\S Renton\Stage 2 Widening\Stage 2 Utilities MOU\Stage 2 Utilities MOU Agenda Bill.doc Gti(cY 0 PUBLIC WORKS DEPARTMENT MEMORANDUM ��NTTv DATE: September 22, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: . Denis Law, Mayor , � L ef FROM: Gregg Zimmerman A ministrator STAFF CONTACT: Peter Hahn,Deputy PW Administrator- Transportation (x7242) SUBJECT: Memorandum of Understanding with the Washington State Department of Transportation Regarding Utility Adjustments or Relocations for the I-405/1-5 to SR 169 Stage 2-Widening Project ISSUE: Should the Mayor and City Clerk sign a memorandum of understanding between the WashingtonState Department of Transportation(WSDOT) and the City of Renton regarding utility adjustments or relocations for the I-405/I-5 to SR 169 Stage 2 - Widening project? RECOMMENDATION: Authorize the Mayor and City Clerk to sign the Memorandum of Understanding between with WSDOT regarding utility adjustments or relocations for the I-405/I-5 to SR 169 Stage 2 - Widening project. BACKGROUND: The Washington State Department of Transportation (WSDOT) I-405/I-5 to SR 169 Stage 2 - Widening project, scheduled to begin construction early 2009, will build an additional lane on I-405 in each direction between SR 167 and SR 169, reconstruct Benson Road from City Hall south over I-405, widen Talbot Road between South Renton Village Place and Puget Drive, and construct a half-interchange at Talbot Road. WSDOT intends to execute this project using the design-build method of project delivery. Nome Council/I-405 Stage 2 Utilities MOU Page 2 of 2 September 22,2008 Ned WSDOT and the City executed a Memorandum of Understanding (MOU) in September 2004 that described how the two would cooperate during the design and construction of I-405 projects. Concurrent to this MOU regarding utility adjustments, WSDOT and the City are also in the process of executing a Cooperative Agreement that further defines both WSDOT's and the City's roles and responsibilities related to the design and construction of the I-405/I-5 to SR 169 Stage 2 - Widening project. This MOU establishes the relationships, clarifies the lines of communication, and outlines the general procedures for adjustment of City utilities to accommodate construction, operation, and maintenance of the I-405 Stage 2 project, with the anticipated result of mutual benefit to both highway users and utility customers. cc: Peter Hahn,Deputy PW Administrator—Transportation Lys Hornsby,Utility Systems Director Dave Christensen,Utility Engineering Supervisor Abdoul Gafour,Water Utility Supervisor Ron Straka,Utility Engineering Supervisor Jim Seitz,Transportation Planning and Programming Supervisor Keith Woolley,Transportation Planning and Programming Engineer • File H:\File Sys\TRP-Transportation Planning&Programming\TRP-l0-Transportation Planning Projects\WSDOT 1-405\S Renton\Stage 2 Widening\Stage 2 Utilities MOU\Stage 2 Utilities MOU Issue Paper.doc ` R MEMORANDUM OF UNDERSTANDING REGARDING UTILITY ADJUSTMENTS OR RELOCATIONS FOR I-405/I-5 to SR 169 Stage 2 WIDENING and SR 515 INTERCHANGE 1. UTILITIES This Memorandum of Understanding ("MOU") between the Washington State Department of Transportation ("WSDOT") and the City of Renton, ("City") a Municipal Corporation of the State of Washington and an owner of various public utility facilities, establishes the relationships, clarifies the lines of communication and outlines the general procedures for adjustment of the City of Renton's utility facilities (the "Utilities") to accommodate construction, operation and maintenance of the WSDOT project known as I-405 /I-5 to SR 169 Stage 2 - Widening and SR 515 Interchange ("PROJECT"), as more particularly described below. The term"adjustment" as used herein encompasses relocation, abandonment, protection, removal, replacement, reinstallation and/or modification of a Utility in order to accommodate the PROJECT, including the design and construction of work necessary for such actions. *ft,. This MOU is intended to emphasize coordination and cooperation by all participants, with the anticipated result of mutual benefit to both highway users and utility customers. Utilities impacted by the PROJECT are categorized based on whether the CITY has legal responsibility for the costs of relocation ("Category#1 Utilities"), or does not have legal responsibility for the costs of relocation ("Category#2 Utilities"). Potential Conflicts Interstate 405, SR 515 and City of Renton streets will be widened and a new interchange constructed at SR 515. Traffic control systems, illumination, drainage, structures, retaining walls and other elements of the highway design will be constructed at different locations in the PROJECT, which may affect the known existing utilities listed below and shown on I-405 /I-5 to SR 169 Stage 2 - Widening and SR 515 Interchange City of Renton facilities attached to this MOU as Exhibit A. Other utility locations may be identified during the design and construction of the PROJECT. Category#1 Utilities: 1. U.I. 233: 10-inch diameter concrete Sanitary Sewer crossing I-405 at MP 2.56. 2. U.I. 238: 24-inch Water Main located in SR 515 at I-405 MP 2.78. City of Renton Memorandum of Understanding Utility Adjustments or Relocations I-405 I-5 to SR 169 Stage 2 —Widening and SR 515 Interchange 07-24-08 Page 1 3. U.I. 245: 18-inch Sanitary Sewer crossing I-405 at MP 3.05. 4. U.I. 409: CCTV fiber optic cable in(2) 3-inch PVC Schedule 80 conduits crossing Benson Road s as well as the southbound lanes of I-405 and connecting to WSDOT's fiber optic system at MP 3.12. 5. U.I. 251: 10-inch diameter Sanitary Sewer crossing I-405 at MP 3.39. 6. Other locations that may be identified during construction. Category#2 Utilities: 1. U.I. 499: 4-inch diameter Water Main on the north side of S 14th Street between Whitworth Avenue S and Smithers Avenue S adjacent to I-405 at MP 2.50. 2. U.I. 489: 18-inch diameter Sanitary Sewer located in S Renton Village Place and SR 515 at I-405 MP 2.70. 3. U.I. 492: 12-inch diameter Water Main located in S Renton Village Place at I-405 MP 2.70. 4. U.I. 530: 6-inch diameter Water Main located in S 15th Street at I-405 MP 2.75. 5. U.I. 531: 8-inch diameter Sanitary Sewer located in S Puget Drive and S 15th Street at I-405 MP 2.75. 6. U.I. 532: 16-inch diameter Water Main along the west side of SR 515 south of S 15th Street at I-405 MP 2.75. 7. U.I. 238: 24-inch Water Main located in SR 515 at I-405 MP 2.78. 8. U.I. 431: 8-inch Sanitary Sewer crossing SR 515 north of S 15th Street and Benson Road S south of the secondary access to the Birkshire Apartments at I-405 MP 2.78. 9. U.I. 529: 8-inch Sanitary Sewer located in SR 515 south of S 15th Street at I-405 MP 2.78. 10. U.I. 535: 8-inch Water Main located south of I-405 parallel and east of SR 515 at 1-405 MP 2.78. 11. U.I. 212: Relocated 16-inch Water Main located in SR 515 at 1-405 MP 2.79 12. U.I. 430: 8-inch and 10- inch Water Mains located south of I-405 parallel and west of Benson Road and on the north side of the secondary access to the Birkshire Apartments at 1-405 MP 2.83. 13. U.I. 567: 10-inch and 12-inch Water Mains located south of I-405 that serves the Birkshire Apartments at I-405 MP 2.85.. 14. U.I. 569: 8-inch Sanitary Sewer located south of 1-405 that serves the Birkshire Apartments at I-405 MP 2.90. 15. U.I. 554: 8-inch Water Main serving WSDOT 1-405 fire control system at MP 3.95. 16. U.I. 571: 8-inch Water Main serving WSDOT I-405 fire control system at MP 3.95. 17. Other locations that may be identified during construction. Any utility service interruptions and outages must be scheduled to avoid peak usage periods and be coordinated with planned outages of other utilities in the region. Outages of utilities must be scheduled two (2) months in advance and approved by the CITY. Design- City of Renton Memorandum of Understanding Utility Adjustments or Relocations .■rr I-405 I-5 to SR 169 Stage 2 —Widening and SR 515 Interchange 07-24-08 Page 2 Builder work delays should be expected if outages to utilities are required due to roadway Ni"` design and/or construction methods. It is mutually recognized by the parties to this MOU that: • WSDOT is a department of state government with all powers, duties, and functions to coordinate transportation modes and to develop and maintain a statewide transportation system meeting the needs of the State of Washington as provided in RCW Chapter 47.01. • WSDOT owns and operates an extensive system of highways, high occupancy vehicle lanes, park and ride lots, and access ramps serving transit and carpools. • The City of Renton is responsible for the development construction, operation and maintenance of City-owned utilities for the benefit of the public. • The Washington State Legislature has approved two statewide transportation-funding plans - called the "Nickel"and the Transportation Partnership Account (TPA). These plans include funding for environmental review, design and construction of the improvements to I-405 and SR 167 that will be addressed by the PROJECT. The PROJECT may affect existing Utilities, resulting in the need to adjust such Utilities. • WSDOT is in the process of writing criteria for selection of a design-build contractor ("Design-Builder) to complete the design and construction of the PROJECT. lit"` • An important goal of the PROJECT is to deliver the PROJECT before the deadline mandated by the Legislature. To accomplish this goal, the following is the anticipated PROJECT schedule: May 2008 Publish Request for Proposals (RFP) Nov. 2008 Award Contract to Design—Builder and Release for Construction and Notice to Proceed (NTP) Dec. 2011 Open to Traffic • WSDOT desires to develop and encourage cooperation and coordination among WSDOT, the Design-Builder and Utility Owners. • Efficient coordination and exchange of information is essential for the design, plan development and construction to meet PROJECT schedules, reduce public costs, and avoid construction changes and delays. • Cooperation and an effective partnership between WSDOT, the Design-Builder and the CITY are essential to ensure the efficient execution of these responsibilities to the mutual benefit of the public. City of Renton Memorandum of Understanding Utility Adjustments or Relocations I-405 I-5 to SR 169 Stage 2 —Widening and SR 515 Interchange 07-24-08 Page 3 • The anticipated utility adjustments and relocations are based upon the current design concept. In the event the design concept changes causing impacts to utilities, a cooperative effort on all parties shall be made to expedite design, facilitate construction, and accommodate the affected utilities, including evaluating modifications to elements of the redesign of the PROJECT to avoid utility relocations and/or utility adjustments. A. COORDINATION OF THE UTILITY ADJUSTMENT PROCESS In recognition of the above responsibilities and mutual benefits of coordinated efforts, the following procedures have been developed to facilitate efficient accommodation of utility facilities. The parties to this MOU agree to participate in meetings, exchange information and maintain open communications by and among WSDOT, the Design-Builder and the CITY. The Design-Builder's obligations with respect to this coordination process will be established pursuant to the Design-Build Contract that has been or will be entered into between WSDOT and the Design-Builder. The coordination process includes, but is not limited to, the following activities: • Initial PROJECT Notification: at the onset of design, the Design-Builder will provide to the CITY preliminary PROJECT specific information and will initiate the coordination process. • Field verification: The CITY will assist the Design-Builder in identifying the location of its Utilities within reasonable accuracy, which will be made available in a common datum (where available) for use in PROJECT design. Except as may be required by permit, franchise or agreements entered into by WSDOT and the CITY, the Design-Builder shall perform, at its own expense, all necessary exploratory digging, potholing, and vactoring to verify the accurate horizontal and vertical alignment of the existing utilities. • Meetings between the Design-Builder, WSDOT and the CITY: the Design-Builder will implement a schedule of periodic meetings with the CITY and WSDOT, for coordination purposes. Such meetings will commence as early as possible in the PROJECT design process and will continue until completion of the PROJECT (or until adjustment of the Utilities is completed, if earlier). Such meetings will include a preliminary design meeting for the Design-Builder and CITY to meet and familiarize themselves with design elements, utility facilities, and general features of the PROJECT. Thereafter, the frequency of meetings between the Design-Builder, WSDOT and the CITY will be appropriate to the matters under discussion. Subsequent meetings will include: (a) Design concept meetings to discuss potential Utility impacts, design elements that could be incorporated in the PROJECT to avoid utility relocations and/or utility adjustments, and suggestions for cooperative solutions pending more detailed design. (b) Intermediate design meetings to trace the progress of ongoing design processes and, and City of Renton Memorandum of Understanding Utility Adjustments or Relocations `'- I-405 I-5 to SR 169 Stage 2–Widening and SR 515 Interchange 07-24-08 Page 4 (c) Final design and initial construction coordination meeting to finalize the plans, N '' specifications, and estimates for adjustment of the Utilities impacted by the PROJECT. The CITY acknowledges and agrees that because of the nature of the PROJECT, the CITY may be required to base its adjustment designs on PROJECT plans that are not at a final design level. After the adjustment plans and specification are finalized, additional meetings are anticipated to coordinate the construction of the Utility adjustments and to establish a forum for the regular exchange of information during construction to minimize delays and provide for proper inspection. The Design-Build Contract will require the Design-Builder to provide adequate notice to the CITY and WSDOT in advance of each meeting and to allow WSDOT the opportunity to participate in each meeting. • Contact Person: upon entry into the Design-Build Contract, WSDOT will notify the CITY of the name of the Design-Builder and relevant contact information. Likewise, the CITY will provide the Design-Builder and WSDOT with the name(s) of its contact person(s) and relevant contact information. Pursuant to the Design-Build Contract, WSDOT will require the Design-Builder to keep the CITY informed and involved in decisions affecting its Utilities through the contact person(s)provided by the CITY. • Coordination of Efforts: The CITY agrees to coordinate its efforts with the Design-Builder and with WSDOT as appropriate regardless of the involvement of the Design-Builder pursuant to the Design-Build Contract. • Continuing Performance: In the event of a dispute, the CITY, WSDOT and the Design- Builder will continue their respective performance to the extent feasible regardless of the 'owe dispute, including paying billings of work performed that was approved by the City in advance, and such continuation of efforts and payment of billings shall not be construed as a waiver of any legal right. B. CONSTRUCTION COSTS AND CONSIDERATIONS Pursuant to the Design-Build Contract, the Design-Builder will be responsible for coordinating all utility adjustments or avoidance measures with the CITY, WSDOT and other Utility Owners. The CITY will be responsible for all reasonable and verifiable costs associated with adjustment of its Category#1 Utilities regardless of whether costs are incurred by the CITY, WSDOT or by the Design-Builder, including, but not limited to, all necessary exploratory digging, potholing, and vactoring to verify the accurate horizontal and vertical alignment of the existing utilities, the cost to design the adjustments and the cost of construction to perform the adjustments. WSDOT will assign certain rights (including the right to obtain reimbursement from the CITY for adjustment costs and justifiable costs for delaying the Design-Builder) and delegate certain obligations under the applicable franchises and/or permits to the Design-Builder. City of Renton Memorandum of Understanding Utility Adjustments or Relocations I-405 I-5 to SR 169 Stage 2 —Widening and SR 515 Interchange 07-24-08 Page 5 aimmormirmimmemomimimilmmir WSDOT and the Design-Builder will consider the location of Category#1 Utilities owned by the CITY and the potential impact of Utility adjustments in finalizing the design of the PROJECT. Notwithstanding the goals of minimizing adjustment costs, related construction and disruption to the public and avoiding schedule delay while conforming to the Design-Build Contract, WSDOT and the Design-Builder will take all reasonable steps, including redesign of the PROJECT, to minimize Utility adjustments. Should such reasonable steps incur additional redesign and construction costs to the PROJECT, WSDOT and the Design-Builder will present the CITY such options and will discuss with the CITY the assignment of responsibility for costs associated with avoidance of a Category#1 Utility. If construction of the PROJECT requires adjustment of Category#1 Utilities owned by the CITY, the STATE and Design-Builder will allow the City of Renton five months to relocate any conflict with City of Renton utilities, unless additional environmental permits are required. The five month period will begin upon receipt by the City of Renton of a written notice of conflict from the Design-Builder. The notice of conflict will not be issued until sufficient PROJECT design has been completed in the area of the utility conflict to identify the utility conflict and the need for relocation. The Design-Builder will schedule and hold coordination meetings with the City of Renton within the first month after the notification to discuss the nature of the conflict, evaluate avoidance and relocation options, finalize the scope, and identify roles and responsibilities for design and construction of the relocation work. If construction of the PROJECT requires adjustment of Category#2 Utilities owned by the CITY, the Design-Builder will be responsible for all reasonable and verifiable costs associated with adjustment of the Utility whether incurred by the CITY or by the Design-Builder, including, but not limited to, all necessary exploratory digging, potholing, and vactoring to verify the accurate horizontal and vertical alignment of the existing utilities, the cost to design and construct the adjustments. A copy of the standard Assignment/Delegation of Utility Permit/Franchise Rights and Obligations Form is attached to this MOU as Exhibit B, for information purposes. Betterments to Utilities being adjusted may be included at the option and expense of the CITY, provided that: a) The betterments are compatible with the PROJECT design, the PROJECT schedule, and the constraints imposed by applicable law, all applicable governmental approvals, and the requirements of the Design-Build Contract, b) The cost and method of accounting for such betterment work is mutually agreed to by the Design-Builder and the CITY and WSDOT. The Design-Builder and the CITY will determine by mutual agreement who will furnish the design of the necessary adjustments and who will perform the actual construction, with the preferred approach being for the Design-Builder to design and construct. The Design-Builder City of Renton Memorandum of Understanding Utility Adjustments or Relocations ,4110 I-405 I-5 to SR 169 Stage 2 —Widening and SR 515 Interchange 07-24-08 Page 6 and the CITY will negotiate and enter into a written binding Relocation Agreement for each adjustment (a single Relocation Agreement may cover multiple adjustments), addressing the foregoing determination of a work responsibility, the design, plans, specification, estimates, eligibility costs for reimbursement where applicable, adjustment construction work and the like. WSDOT may not be a party to the Relocation Agreements; however, it will be a third-party beneficiary of the Relocation Agreements. Approval by WSDOT for each Relocation Agreement will be required prior to the Agreement becoming effective for most purposes. If the adjustment work is undertaken by the CITY, all bidding and contracting shall be conducted in accordance with all federal and state laws and regulations applicable to the CITY and the PROJECT. As requested by WSDOT or the Design- Builder, it shall be a condition of the CITY entering into any contract for the adjustment construction work that the contractor furnish such bonds, insurance and/or indemnities as WSDOT and/or the Design-Builder may reasonably require. WSDOT and the CITY will enter into separate utility agreements as necessary to: a) Address responsibility for costs and reimbursement for any Category#1 Utility adjustment work that will be performed by the Design-Builder. b) Address preliminary engineering and construction costs incurred by the CITY for Category#2 Utilities. The parties acknowledge and agree that all work will be accomplished in accordance with the applicable local, State and Federal laws and regulations, including but not limited to, RCW 39 Public Works and the Utilities Accommodation Policy, Chapter 468-34 WAC and amendments thereto. The CITY understands that the PROJECT will be developed under time constraints that will require a commitment by the CITY, WSDOT and the Design-Builder to cooperate in all areas, including design, design review, construction and construction inspection. The CITY agrees to endeavor to timely commence, diligently prosecute, and judiciously complete the work assigned to the CITY in order to ensure the timely completion of the Utility adjustment work in accordance with the PROJECT schedules. Where the CITY performs its own design and construction for a Utility adjustment, it is anticipated that the CITY will have 60 business-days after the execution of a Utility Relocation Agreement with the Design-Builder and after receiving the written approval of the agreement by WSDOT to complete the adjustment. This duration begins on the date WSDOT provides the CITY with the written approval of the Utility Relocation Agreement between the Design-Builder and the CITY. This request shall include PROJECT plans designated by the Design-Builder as those on which the adjustment design should be based. (These PROJECT plans will not include adjustment designs.) City of Renton Memorandum of Understanding Utility Adjustments or Relocations I-405 I-5 to SR 169 Stage 2—Widening and SR 515 Interchange 07-24-08 Page 7 Aiiiimammmiremmommir Except for certain permits and review periods defined in the Renton Municipal Code and other extraordinary incidences, such as emergencies and extreme and unusual weather conditions affecting the CITY's ability to perform normal functions or receipt of PROJECT submittals of unusual volume, complexity, unexpected or controversial elements, should the Design-Builder furnish the design for a Utility adjustment, the CITY agrees to review and return submittals within a maximum of 10 business-days after its receipt of the Design-Builder's adjustment design plans (including any resubmittal of modified adjustment design plans) indicating either "approved," "approved with comments," or "not approved, contractor to revise and resubmit." The CITY may, if necessary, request extension of the review period and follow the procedures outline in GCA-5721, Washington State Department of Transportation and the City of Renton, Cooperative Agreement for Design and Construction of the 1-405/1-5 to SR 169 Stage 2— Widening and SR 515 Interchange Project. All CITY inspections of the Design-Builder's adjustment construction work shall be completed and any comments provided within 10 business-days after a request for inspection is received. The CITY will use acceleration measures as reasonably necessary to meet PROJECT schedules. To the extent possible, the CITY agrees that in the prosecution of the adjustment work, the CITY and its contractors will coordinate their work with the Design-Builder in order to avoid any possible interference with work on the PROJECT. City of Renton Memorandum of Understanding Utility Adjustments or Relocations I-405 I-5 to SR 169 Stage 2 —Widening and SR 515 Interchange 07-24-08 Page 8 C. CONCLUSIONS AND ENDORSEMENTS Nothing in this MOU is to be construed as conflicting with existing laws, regulations, and contractual agreements. This MOU may be amended or supplemented only by written agreement between WSDOT and the CITY upon 20 business day's written notice to the other party. Although this MOU is non-binding, its intent is to maximize the lines of communication, increase the mutual cooperation among WSDOT, the Design-Builder and the CITY, and to enhance the effectiveness of procedures utilized for the mutual benefit and the common good of both utility customers and the general public. Washington State Department of Transportation Signature Kim Henry, I-405 Project Director Dated: The City of Renton, Washington Signature By: (Printed Name) (Title) Dated: City of Renton Memorandum of Understanding Utility Adjustments or Relocations I-405 I-5 to SR 169 Stage 2—Widening and SR 515 Interchange 07-24-08 Page 9 MEMORANDUM OF UNDERSTANDING 4.101 REGARDING UTILITY ADJUSTMENTS OR RELOCATIONS FOR I-405/I-5 to SR 169 STAGE 2 WIDENING and SR 515 INTERCHANGE EXHIBIT "A" City of Renton Utility Facilities Sheets EU 1 through EU 9 City of Renton Memorandum of Understanding Utility Adjustments or Relocations I-405 I-5 to SR 169 Stage 2 —Widening and SR 515 Interchange 07-24-08 Exhibit A City of Renton Utility Facilities Page 1 of 10 MEMORANDUM OF UNDERSTANDING REGARDING UTILITY ADJUSTMENTS OR RELOCATIONS FOR I-405/I-5 to SR 169 STAGE 2 WIDENING and SR 515 INTERCHANGE EXHIBIT "B" Assignment/Delegation of Utility Permit/Franchise Rights and Obligations City of Renton Memorandum of Understanding Utility Adjustments or Relocations I-405 I-5 to SR 169 Stage 2 —Widening and SR 515 Interchange 05-21-08 Exhibit B Page 1 of 3 arrr Assignment/Delegation of Utility Permit/Franchise Rights and Obligations '"IS This is an Assignment of Rights and Delegation of Obligations by and between the Washington State Department of Transportation (STATE) and (ASSIGNEE). WHEREAS, STATE has entered into a Design-Build contract with ASSIGNEE, for a highway improvement project on State Route ; and WHEREAS, the highway project requires the relocation of utilities that are located on state right of way either by permit or franchise; and WHEREAS, STATE has determined that it is in the best interest of the state of Washington and traveling public to temporarily assign certain rights and delegate certain obligations to the ASSIGNEE under the Utility permit and/or franchise for the orderly, efficient and effective relocation of utility facilities for the State Route highway project; and WHEREAS, ASSIGNEE agrees that the STATE's temporary assignment of rights and delegation of obligations for the utility relocation for the State Route highway project will facilitate orderly, efficient and effective utility relocation for the Design-Build project, NOW, THEREFORE, IT IS MUTUALLY AGREED THAT: The Washington State Department of Transportation does hereby assign, transfer and delegate unto , certain STATE rights in and certain STATE obligations under Permit/Franchise No. dated ,between the STATE and , Utility, in and for the consideration of the orderly, efficient and effective relocation of utility facilities located within state highway right of way in support of the highway construction project on State Route , Mile Post to Mile Post in County, Washington. A. The assignment of rights and delegation of obligations under the above noted Peimit/Franchise pertain to General Provisions Nos. and , as follows: Section . (Insert text here) Section . (Insert text here) The STATE relinquishes all control over or power of revocation of General Provisions Nos. and in favor of ASSIGNEE. No other provisions of the Permit/Franchise are hereby assigned or delegated; the STATE retains all other rights and obligations under the Permit/Franchise. City of Renton Memorandum of Understanding Utility Adjustments or Relocations I-405 I-5 to SR 169 Stage 2 —Widening and SR 515 Interchange 05-21-08 Exhibit B Page 2 of 3 �.. B. This assignment of rights and delegation of obligations shall automatically terminate upon the STATE's issuance of a new Permit or Franchise for the relocated utility facilities. C. ASSIGNEE agrees that it shall be solely responsible for any causes of action or claims, if any, that arise between the ASSIGNEE and a Utility during the term of this Assignment and Delegation; therefore, ASSIGNEE, its agents, employees, contractors, successors or assigns, will protect, save and hold harmless the State of Washington, its authorized agents and employees, from all claims, actions, costs, damages (both to persons and property), injuries or expenses of any nature whatsoever by reason of the acts or omissions of ASSIGNEE, its agents, employees, contractors, successors or assigns, arising out of or in connection with ASSIGNEE's or its agents', employees', contractrors', successors', or assigns' acts or omissions related to this Assignment and Delegation; provided, that if the claims or damages are caused by or result from the concurrent acts or omissions of(a) State of Washington's authorized agents or employees and (b) ASSIGNEE, its agents, employees, contractors, successors or assigns, this indemnity provision shall be valid and enforceable only to the extent of the acts or omissions of ASSIGNEE, its agents, employees, contractors, successors or assigns. This provision shall survive the termination of this Assignment and Delegation. D. The ASSIGNEE shall not assign or transfer the rights or obligations granted in this Assignment and Delegation in any manner whatsoever, unless the STATE consents Nifty- thereto in writing. E. The STATE shall provide a copy of this Assignment and Delegation to the Utility after it is executed by the STATE and ASSIGNEE. F. The ASSIGNEE shall exercise its rights and obligations granted in this Assignment and Delegation in a reasonable and prudent manner. ASSIGNEE hereby accepts the rights and STATE hereby assigns the rights and assumes the obligations from the STATE as delegates the obligations as set forth above set forth above. to ASSIGNEE. 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RY OF RENTON "\ .,\ F ' EXHIBIT A I 1-405 i g1-5 TO SR 169 EU7 .aL.AlE 4O5 COIT• PGO91'8111 STAGE 2-WIDENING AND SR 515 INTERCHANGE CITY OF RENTON FACILITIES EXISTING UTILITIES (2 ( ( 90 ,Oa I SCALE IN FEET / 1 1 r 1 1 I LI, . 1 I 1 1 i i1 ., LIBERTY PARK I III 517 r I _ ..r _ - Y r r r r _ .-r .. r�� CITY OF RENTON ,mss_ _ -v - �UI<38 - -1s^y / sy r _ - - - - y/ W / CITY OF RENTON `� - - - 1 . __ ROUSER WAY S_ _ --� M .. - \\\\��l • - _ I - - UI 410 - _ -�Y=_r" - - Iroor17 � r L//ii 7`\ - _ 77777 h ter CITY OF RENTON -- - W //� !ii/iii l r /1/77„,,,,,--•/1/A l/ h - _moi// i •' ._- -' 7J77771717 TEMPORARY Z v //_ l7j n ',,,, - - 77777117 7J771717�n IMPACT AREA LINE S �y-_ � ` -- - _ ��ry7n I, I UI 139 n�777777777 -' PERMANENT �„ C/!1'OF RENTON '" 77777 '� '� V �,_ _ r _ - �J7J7y77J7/77 ,• �,\ IMPACT AREA LINE .4` _ = _ _ _ �7J1/7��''j 77Y1777/771J/7777YJ711177J7/77J7777 / - >_ -- _ - SR169 TOS&106 -- - -o ---__ -_MINIMINITIMEM®' -� - - -_ S8406 n + x "^ x -1, a4 \ _.-- Ml_;.80N6406 JP ,86- - - Mico-__ M P.I E CITY OF PENTON \ \ \ a �(�G-. - - -\ YI c o o \ !!/((!!/ fi . vr-'-. ,._---'' r .n w...nae.f_...rn..v«.. Fc.�:u....a _ - n. C d s '\ t .-'�.f!!!/1!!!/!!![t/!�'R!llLfl!!!/fllLVff!/L!4!/!!!f/l!!t/LllLLtfUL!!!If!•[/Lltl/Lllyy�y�— .<!!!/lltf/l/ll/1tt/ • EXHIBIT A a 1-405 INTERSTATE I-S TO SR 169 EU8 4O5 Corridor PfjDgram STAGE 2-WIDENING AND SR 515 INTERCHANGE CITY OF RENTON FACILITIES EXISTING UTILITIES ..as 7 , . .--- -_,--I . , , ... - --5- r 0 50 100 . SCALE IN FEET _,_ 1 / 1 , -5---'- .-- ." - I i L.r- _5 )‘ _ . ;;DSER WAY _ _ - --'"-'-riorffor-' •-• ',, _ _ ''' --- ..„,„ifigrol— , '.• •,---, . 1 ,. 1• )11 11 v/-442 1 1, • • ;- „ __ ,, ci,OF RENTON,; il ' ,, •-. ... , . . • ---- „....,-.,-7:-.,:4 I 1 - l, • --_, ____-__ _ _-•- _--- _'',4=-•-4 7— -;/- -, . - U1571 --,,,-,- •, \*,, .„,4 -TEYIPORAIii ' s 4 .1 / CITY OF RENTON I ,Z.,•,•.' , DA5c-rAkcA LICE _ / -///i"1// ,, 4,- __ _ _ ------4 '''' -A , z / ,,,,,,/,,,,,,,,,,,,,,. -...r--,•=k.--.----A-,--,7'- a i -- --"'--.'”--'---1111-P A TA E i iii4 .1 c R— E A _ _ : I I __ __ A --i--: -- - SB405 I i I - 7 - IMPflO wn ______,—, _ _______--,__,.1.......,.. ..-..,...-- --t.—,•,.--- ---r-----.—T— rn :- 1.1P 4 00 NUM . ”: . -I yr-PY540F RENTON \- — I IL -::74../,: , /- -//,d;;-/;://1_////:/_:/,a,,,, :. _ ,: i,/ /,/,/,/,,/, _mi,,4//,,,,......,....,, _F[. I,r ririii.;: „ t/- END PROJECT / : ,.. , 1-405 MP 3.98 SB405 1274+30 -;' i J , . ' / U1617 .„ '-'- '.6 CJTY OF RENTON I '• • '7 ..% I 8 _ ,1 ,,, , .t - - , , • i - l' -/ . ., : . 7 ,L4traItlf.filde441.14tItaLaItt, Pl-,4, -,,. -.- - - 4.,' ,, ,'7 it, - / 4 a t , ---L.. ,..-:. .- \ , i` r . , ,r, i _- i E ":/ /- / i 1 i 1 , '.4 _ 1 EXHIBIT A 1-405 I.5TO SR 169 EU9 DOIRSTAIE STAGE 2-WIDENING AND SR 515 INTERCHANGE-__ 405 Corridor Prbgram CITY OF RENTON FACILITIES H EXISTING UTILITIES --_ 41kit, CITY OF RENTON COUNCIL AGENDA BILL AI#: �f e • Submitting Data: Public Works Department For Agenda of: Nape Dept/Div/Board.. Transportation Systems Division September 22,2008 Staff Contact Peter Hahn,Deputy PW Agenda Status Administrator-Transportation (ext. 7242) Consent X Subject: Public Hearing.. GCA Cooperative Agreement with the Washington Correspondence.. State Department of Transportation(WSDOT)for a Ordinance City of Renton Project Coordinator for the I-405/1-5 to Resolution X SR 169 Stage 2—Widening Project Old Business Exhibits: Issue Paper New Business X GCA Cooperative Agreement Study Sessions Resolution Information Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept X Other Fiscal Impact: (t12146) Expenditure Required... Transfer/Amendment Lid Amount Budgeted Revenue Generated $ 52,000(est.) Total Project Budget City Share Total Project SUMMARY OF ACTION: The Washington State Department of Transportation(WSDOT)I-405/I-5 to SR 169 Stage 2— Widening project, scheduled to begin construction early 2009, will build an additional lane on I-405 in each direction between SR 167 and SR 169,reconstruct Benson Road South from City Hall south over I-405, widen Talbot Road South between South Renton Village Place and South Puget Drive, and construct a half-interchange at Talbot Road South. It is of mutual benefit to both the City and WSDOT to direct all communication related to aspects of this project through a City Project Coordinator. This agreement enables WSDOT to fund that portion of the City Project Coordinator position that is directly related to services rendered solely for the I-405 Stage 2 project. The revenue generated by this agreement is estimated to be$52,000. STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor and City Clerk to execute the GCA Cooperative Agreement with WSDOT for the City of Renton Project Coordinator for the I-405/I-5 to SR 169 Stage 2—Widening project. H:FileSys/TRP/TRP 10/WSDOT I-405/S Renton/Stage 2 Widening/Stage 2 Proj Coord/Stage 2 Proj Coord Agenda Bill S O� PUBLIC WORKS DEPARTMENT • ® MEMORANDUM DATE: September 22, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman0A ministrator STAFF CONTACT: Peter Hahn,Deputy PW Administrator- Transportation (x7242) SUBJECT: GCA Cooperative Agreement with the Washington State Department of Transportation (WSDOT) for a City of Renton Project Coordinator for the I-405/1-5 to SR 169 Stage 2—Widening Project ISSUE: Should the Mayor and City Clerk sign an agreement between the Washington State Department of Transportation(WSDOT) and the City of Renton for the City of Renton Project Coordinator for the I-405/I-5 to SR 169 Stage 2—Widening project? RECOMMENDATION: Adopt the resolution authorizing the Mayor and City Clerk to execute the Agreement with WSDOT regarding the City of Renton Project Coordinator for the I-405/1-5 to SR 169 Stage 2— Widening project. BACKGROUND: The Washington State Department of Transportation(WSDOT) I-405/I-5 to SR 169 Stage 2— Widening project, scheduled to begin construction early 2009, will build an additional lane on I-405 in each direction between SR 167 and SR 169,reconstruct Benson Road South from City Hall south over I-405, widen Talbot Road South between South Renton Village Place and Puget Drive South, and construct a half-interchange at Talbot Road South. WSDOT intends to execute this project using the design-build method of project delivery. WSDOT and the City executed a Memorandum of Understanding in September 2004 that described how the two would cooperate during the design and construction of I-405 projects. Concurrent to this agreement, WSDOT and the City are also in the process of executing a Cooperative Agreement that further defines both WSDOT's and the City's roles and Council/WSDOT GCA-5828 Page 2 of 2 September 22,2008 responsibilities related to the design and construction of the I-405/I-5 to SR 169 Stage 2— "4400* Widening Project. CONCLUSION: It is of mutual benefit to both the City and WSDOT to direct all communication related to aspects of this project through a City Project Coordinator. This agreement enables WSDOT to fund that portion of the City Project Coordinator position that is directly related to services rendered solely for the I-405 Stage 2 project. The revenue generated by this agreement is estimated to be $52,000. cc: Peter Hahn,Deputy PW Administrator-Transportation Jim Seitz,Transportation Planning and Programming Supervisor Keith Woolley,Transportation Planning and Programming Engineer File A:\File Sys\TRP-Transportation Planning&Programming\TAP-10-Transportation Planning Projects\WSDOT I-405\S Renton\Stage 2 Widening\Stage 2 Proj Coord\Stage 2 Proj Coord Issue Paper.doc FOR INTERNAL REVIEW AND DISCUSSION ONLY NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 1 GCA-5828 2 3 Washington State Department of Transportation 4 and the City of Renton 5 6 COOPERATIVE AGREEMENT 7 For the City of Renton Project Coordinator 8 for the I-405/1-5 TO SR 169 STAGE 2—WIDENING 9 AND SR 515 INTERCHANGE PROJECT 10 11 • 12 THIS AGREEMENT is made and entered into by the CITY-OF RENTON (the "CITY") 13 and the STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION (the 14 "STATE"), collectively referred to as the "PARTIES" and individually referred to as "PARTY." 15 16 WHEREAS, the STATE, in the interest of providing congestion relief in the I-405 17 Corridor, proposes improvements along 1-405 within the-CITY i isa project known as the 18 I-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project (the "PROJECT"); and 19 20 WHEREAS, the STATE will construct the PROJECT using the design-build method of 21 project delivery; and 22 23 WHEREAS, the design-build method of project delivery is flexible and allows for the 24 development and finalization of the design after the contract is awarded, unlike the typical 25 design-bid-build method of project delivery; and 26 27 WHEREAS,the PARTIES entered into GCA-5721 for the design and construction of 28 the PROJECT; and 29 30 WHEREAS,the design of project elements in the design-build method of project 31 delivery moves faster than in the typical design-bid-build method of project delivery; therefore, 32 expedited CITY review of the design elements will be required; and 33 - 34 WHEREAS, as part of the I-405/1-5 to SR 169 Stage 1 — Widening Project, the 35 PARTIES have found it beneficial to have a CITY Project Coordinator to serve as a liaison for 36 the CITY and to expedite review of PROJECT submittals; and 37 38 WHEREAS,pursuant to the terms of agreement GCA-5721, the STATE has committed 39 to reimburse the CITY for costs that are directly related to services rendered solely for the 40 PROJECT by a CITY Project Coordinator. 41 42 NOW, THEREFORE, pursuant to Revised Code of Washington (RCW) 39.34.080, 43 which authorizes a public agency to contract with another public agency to perform any 44 governmental service that each public agency is authorized to perform, and in consideration of 45 the terms, conditions, covenants, and performances contained herein, IT IS MUTUALLY 46 AGREED AS FOLLOWS: Page 1 of 8 GCA-5828 Cooperative Agreement for the City of Renton Project Coordinator for the I-405/1-5 TO SR 169 STAGE 2—Widening and SR 515 Interchange Project 7;'2_5i2008 71---2-::1",f18 Draft ,a► FOR INTERNAL REVIEW AND DISCUSSION ONLY NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 47 48 1.0 DESIGNATED REPRESENTATIVES 49 ,04100 50 1.1 The CITY Project Coordinator will serve as the CITY's PROJECT liaison. 51 52 1.2 The STATE's 1-405 Project Engineer will serve as the STATE's PROJECT liaison. 53 54 2.0 GENERAL 55 56 2.1 The STATE and the CITY agree that it is to the benefit of both PARTIES for the STATE 57 to fund the temporary position of CITY Project Coordinator;in order to facilitate 58 communication and coordination between the STATE Sid tl e'CITY. 59 60 2.2 The individual serving in the capacity of CITY Project Coordinator shall be a Civil 61 Engineer III or greater. 62 63 2.3 The CITY shall consult with the STATE on its-'choice of the individual chosen to serve as 64 the CITY Project Coordinator. The STATE shall haye:the authority to reject the 65 individual the CITY has chosen to fill the CITY Project,Coordinator position. 66 67 2.4 The CITY may not change the individual serving in the capacity of CITY Project 68 Coordinator at any time without first receiving the written authorization of the STATE. 69 70 2.5 The CITY Project Coordinator shall consult with the STATE's I-405 Project Engineer, 71 on a basis to be mutually agreed upon by the STATE's I-405 Project Engineer and the 72 CITY, for the purpose of PROJECT activity and priority direction. 73 74 2.6 The STATE shall only fund those hours worked by the CITY Project Coordinator for 75 activities directly related to the PROJECT. All other hours not directly related to the 76 PROJECT workedby the person serving as CITY Project Coordinator shall be paid by 77 the CITY. 78 79 2.7 The PARTIES agree that the STATE shall pay an all-inclusive flat-rate for work by the 80 CITY:Project Coordinator, as outlined in Section 7.0. 81 82 2.8 The CITY May require the CITY Project Coordinator to work in excess of 40 hours per 83 week. Even if the CITY Project Coordinator works more than 40 hours per week on 84 PROJECT-related activities, the CITY shall bill the STATE, to the nearest fifteen (15) 85 minute increment, at the agreed upon all-inclusive flat-rate outlined in Section 7.0. 86 87 2.9 In the event the CITY Project Coordinator is absent, the CITY will assign a designee to 88 act in the stead of the CITY Project Coordinator. The designee shall also be subject to 89 the terms and conditions of Section 2.2. The CITY's designee acting on behalf of the 90 CITY Project Coordinator shall serve no more than ten (10) consecutive business days 91 without STATE approval. If the CITY Project Coordinator is absent for more than ten Page 2 of 8 GCA-5828 Cooperative Agreement for the City of Renton Project Coordinator for the I-405/I-5 TO SR 169 STAGE 2—Widening and SR 515 Interchange Project 725?008 7 2,.,-_7, :f Draft FOR INTERNAL REVIEW AND DISCUSSION ONLY NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 92 (10) consecutive business days, the CITY shall name a replacement, temporary or 93 otherwise, subject to the terms and conditions outlined in Sections 2.2, 2.3, and 2.4. ,,: 94 95 2.10 If the STATE is unable to resolve to its satisfaction a dispute regarding the CITY Project 96 Coordinator, upon following the dispute resolution process specified in Section 8.0, the 97 STATE shall have the authority to request a replacement to fill the CITY Project 98 Coordinator position. 99 100 2.10.1 The STATE's written request for replacement shall be submitted to the CITY, and the 101 CITY shall have thirty(30) calendar days to comply. The CITY shall name a 102 replacement CITY Project Coordinator subject to the terms and conditions outlined in 103 Sections 2.2 and 2.3. 104 105 2.10.2 In the event that the CITY does not comply within thirty(30) calendar days, this 106 AGREEMENT shall be considered terminated and the STATE will'be.released from 107 any further obligations under this AGREEMENT. 108 109 3.0 CITY RESPONSIBILITIES 110 111 3.1 The CITY agrees to"pay the CITY Project Coordinator and administer all employee 112 benefits in the same manner as all other,CITY employees. 113 114 3.2 The CITY agrees that the CITY Project Coordinator shall be required to submit a 115 monthly activity report to the STATE of actual hours worked performing the tasks listed 16 in Section 5.0. The activity report shall include a daily accounting of specific activities 117 performed and specific hours worked to accomplish the tasks. The activity report shall 118 be submitted to the STATE by the fifteenth (15) day of the month following any month in 119 which the CITY Project Coordinator had at least fifteen (15) minutes of work to report. 120 The STATE will review the hours worked and, if accurate, will approve reimbursement 121 to the CITY at the mutually agreed upon rate identified in Section 7.0. 122 123 3.3 The CITY Project Coordinator will be responsible for facilitating all PROJECT-related 124 communication between the STATE and CITY staff as well as expediting CITY review 125 of all PROJECT-related submittals. This coordination of efforts with the STATE will 126 take place via the STATE's I-405 Project Engineer. 127 128 4.0 STATE RESPONSIBILITIES 129 130 4.1 The STATE's 1-405 Project Engineer, or his/her designee, will be responsible for 131 facilitating all PROJECT-related communication between the CITY Project Coordinator 132 and STATE staff as well as providing PROJECT-related submittals to the CITY Project 133 Coordinator. This coordination of efforts with the CITY will take place via the CITY 134 Project Coordinator. 135 136 137 Page 3 of 8 GCA-5828 Cooperative Agreement for the City of Renton Project Coordinator for the I-405/1-5 TO SR 169 STAGE 2—Widening and SR 515 Interchange Project 7/25.`20087 2‘; :_04,:; Draft FOR INTERNAL REVIEW AND DISCUSSION ONLY NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 138 5.0 SCOPE OF WORK 139 140 5.1 The CITY Project Coordinator shall serve as a liaison between the STATE's I-405 141 Project Engineer and CITY staff 142 143 5.2 The CITY Project Coordinator shall represent the CITY in design-build task force 144 meetings and ongoing informal reviews during the design and construction of the 145 PROJECT, which is estimated to be between October 2008 and June 2011. The CITY 146 Project Coordinator shall be responsible for informing the appropriate CITY staff of 147 discussions and decisions made at task force meetings. 148 149 5.3 The CITY Project Coordinator shall circulate PROJECT submittals to appropriate CITY 150 staff and ensure timely CITY review. The CITY Project Coordinator shall be responsible 151 for expediting those reviews, with the goal of limiting the CITY's PROJECT submittal 152 review period to the specific timeframes andonditions agreed upon inS,ection 3.0 of 153 GCA-5721. " • 154 155 6.0 SUPERVISION AND INDEPENDENT CAPACITY 156 157 6.1 The CITY Project Coordinator engaged in the performance of this AGREEMENT shall 158 continue to be an employee of the CITY:and shall not be considered, for any purpose, to 159 be an employee of the STATE. 160 161 6.2 The CITY shall be responsible for the supervision of the CITY Project Coordinator. 162 163 7.0 PAYMENT 164 165 7.1 The STATE, in consideration of the faithful performance of work to be done by the CITY 166 Project Coordinator, agrees to pay the;CITY an all-inclusive flat-rate of$65.00 per hour, 167 which includes:all costs and benefits outlined in Sections 7.2 and 7.3, for a Civil Engineer 168 III or higher. The all-inclusive flat-rate shall be billed, to the nearest fifteen (15) minute 169 increment, for all hours worked in order to perform the specific tasks listed in Section 170 5.0. The $65.00 per htiur all-inclusive flat-rate shall serve as full compensation to the 171 CITY for each hour of work performed by the CITY Project Coordinator, up to a 172 maximum of 800 hours. 173 174 7.2 The PARTIES agree that the all-inclusive flat-rate shall be considered to include, but not 175 be limited to, all costs associated with administrative costs, travel expenses, overtime, as 176 well as medical insurance, retirement contributions, sick leave and vacation, and labor 177 and industry payments. The CITY shall bear all actual costs of employing the CITY 178 Project Coordinator that may be higher than the rate identified in Section 7.1. 179 180 7.3 The PARTIES agree that the all-inclusive flat-rate shall be considered to include all 181 direct or indirect costs for materials and supplies necessary for performance of the 182 position. Additionally, the all-inclusive flat-rate shall be considered to include, but not be 183 limited to, auto and travel expenses, lodging, use of computer equipment, office space Page 4 of 8 GCA-5828 Cooperative Agreement for the City of Renton Project Coordinator for the I-405/I-5 TO SR 169 STAGE 2—Widening and SR 515 Interchange Project 7/25/2008" 24- ');:;; Draft • FOR INTERNAL REVIEW AND DISCUSSION ONLY NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 184 rental and utilities, office supplies, copy machines, or any other material costs. All costs 185 necessary for performance of the position that may exceed the all-inclusive flat-rate shall o4r,.186 be borne solely by the CITY. 187 188 7.4 The CITY shall not charge overhead costs to the STATE, pursuant to agreement 189 OH-0016—Reciprocating Agreement for Overhead Charges. 190 191 7.5 The maximum amount payable by the STATE to the CITY under this AGREEMENT is 192 $52,000. 193 194 7.6 The CITY agrees to submit not more than once a month, a;lilling to the STATE 195 summarizing the hours worked each day by the CITY ProjecfCaordinator. The monthly 196 activity report listed in Section 3.2 of this AGREEMENT shall be;-submitted as an 197 attachment to the monthly billing. 198 199 7.7 Upon receipt of the monthly billing and the,acpompanyimg activity report, and upon 200 STATE concurrence of the hours worked, the'STATE agrees to reimburse the CITY 201 within thirty(30) calendar days of receipt of an approved invoice. 202 203 8.0 DISPUTE RESOLUTION 204 205 8.1 In the event that issues arise regarding the CI.TY Project Coordinator that are not 206 addressed in this AGREEMENT, the PARTIES agree,to work quickly and 207 collaboratively to determine a resolution using the following guidelines. x,_08 209 8.1.1 Informal Resolution. The informal resolution process begins at the staff level and is 210 raised to higher organizational levels, if necessary. The levels of resolution are 211 described below. 212 213 8.1.1.1 The CITY's Project Coordinator and the STATE's I-405 Project Engineer shall 214 jointly cooperate to informally resolve any dispute as quickly and efficiently as 215 possible. . 216 217 8.112'" If unresolved,the CITY's Deputy Planning, Building, and Public Works 218 Administrator and the STATE's I-405 Construction Manager shall jointly 219 cooperate to informally resolve any dispute as quickly and efficiently as 220 possible. 221 222 8.1.2 Written Notice. If the dispute cannot be resolved at any of the levels described 223 above, the CITY's Planning, Building, and Public Works Administrator and the 224 STATE's I-405 Deputy Project Director shall notify each other in writing of any 225 dispute needing resolution. 226 227 8.2 Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute 228 in order to avoid delays and minimize costs. ''29 Page 5 of 8 GCA-5828 Cooperative Agreement for the City of Renton Project Coordinator for the I-405/I-5 TO SR 169 STAGE 2—Widening and SR 515 Interchange Project 7/25/20087 2..1..1!-00. Draft FOR INTERNAL REVIEW AND DISCUSSION ONLY NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 230 9.0 INDEMNIFICATION 231 232 9.1 Each PARTY shall protect, defend, indemnify, and save harmless the other PARTY, its 233 officers, officials, employees, and agents, while acting within the scope of their 234 employment as such, from any and all costs, claims,judgments, and/or awards of 235 damages (both to persons and/or property), arising out of, or in any way resulting from, 236 each of the PARTY's own acts or omissions. No PARTY will be required to indemnify, 237 defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, 238 or damages (both to persons and/or property) is caused by the sole,negligence of the other 239 PARTY, its officers, officials, employees, and agents, while„acting within the scope of 240 their employment as such. Where such claims, suits, or actions result from the 241 concurrent negligence of the PARTIES, the indemnityprovidedl herein shall be valid and 242 enforceable only to the extent of a PARTY's own negligence. 243 244 9.2 The STATE and the CITY agree that their obligations under this Sectioiectend to any 245 claim, demand, and/or cause of action brought by, or on behalf of, any ofits;employees 246 or agents. For this purpose, the PARTIES, by mutual negotiation, hereby waive, with 247 respect to the other PARTY only, any immunity tlat would otherwise be available 248 against such claims under the Industrial Insurance provisions of Title 51 RCW. 249 250 9.3 This indemnification and waiver shall survive the termination of this AGREEMENT. 251 252 10.0 AMENDMENT 253 254 10.1 This AGREEMENT may be extended upon mutual agreement of the PARTIES via an 255 amendment executed in accordance with Section 10.2, if the CITY Project Coordinator 256 position is deemed necessary beyond the maximum number of hours outlined in Section 257 7.1. 258 259 10.2 Either PARTY may request modifications to this AGREEMENT. Such modifications 260 shall be mutually agreed upon by written amendments and/or supplements to this 261 "AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be 262 valid unless made in writing arid signed by authorized representatives of the PARTIES 263 hereto. 264 265 11.0 ALL WRITINGS CONTAINED HEREIN 266 267 11.1 This AGREEMENT contains all the terms and conditions agreed upon by the PARTIES 268 to this AGREEMENT. No other understanding, oral or otherwise, regarding the subject 269 matter of this AGREEMENT shall be deemed to exist or to bind any of the PARTIES 270 hereto. 271 272 12.0 GOVERNANCE 273 274 12.1 This AGREEMENT is entered into pursuant to, and under the authority granted by, the 275 laws of the State of Washington and applicable federal laws. The provisions of this 4,410 Page 6 of 8 GCA-5828 Cooperative Agreement for the City of Renton Project Coordinator for the I-405/I-5 TO SR 169 STAGE 2—Widening and SR 515 Interchange Project 7/25/20087 2.1.. + , Draft FOR INTERNAL REVIEW AND DISCUSSION ONLY NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 276 AGREEMENT shall be construed to conform to those laws. 277 x,,278 13.0 EFFECTIVENESS AND DURATION 279 280 13.1 This AGREEMENT is effective upon execution by both PARTIES and will remain in 281 effect until completion of the PROJECT construction contract, or until GCA-5721 is 282 terminated pursuant to the termination clauses of that agreement, whichever occurs 283 earlier. 284 285 14.0 SEVERABILITY 286 287 14.1 If any provision of this AGREEMENT, or any provision of ai y'document incorporated 288 by reference, shall be held invalid, such invalidity shall;not affect°the other provisions of 289 this AGREEMENT that can be given effect without the invalid provision, if such 290 remainder conforms to the requirements of applicable law and the fundamental purpose 291 of this AGREEMENT, and to this end the provisions of this AGREEMENT.Fare'declared 292 to be severable. 293 294 15.0 TERMINATION 295 296 15.1 This AGREEMENT may be terminated by.either PARTY upon thirty (30) calendar days 297 advanced written notice to the other PARTY.: The STATE shall be responsible for 298 reimbursing the CITY for all hours worked by the CITY Project Coordinator under the 299 terms of this AGREEMENT prior to the date of termination. The STATE shall not be 4000 responsible for reimbursing.the CITY for any hours worked by the CITY Project 301 Coordinator after the date of termination of this AGREEMENT, even if that work is 302 directly related to the PROJECT. 303 304 16.0 VENUE . 305 306 16.1 In the event that either PARTY deems it necessary to institute legal action or proceedings 307 to'enforce any right'or'obligation under this AGREEMENT, the PARTIES hereto agree 308 that any such action or.proceeding shall be brought in the superior court situated in 309 Thurston County, Washington. 310 311 IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as 312 of the latest written date below: 313 314 315 316 317 318 CITY OF RENTON STATE OF WASHINGTON 319 DEPARTMENT OF TRANSPORTATION 320 71 Page 7 of 8 GCA-5828 Cooperative Agreement for the City of Renton Project Coordinator for the I-405/I-5 TO SR 169 STAGE 2—Widening and SR 515 Interchange Project 7/25/2008 Draft FOR INTERNAL REVIEW AND DISCUSSION ONLY NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 322 323 By: By: 324 Denis Law Kim Henry *4010 325 Mayor I-405 Project Director 326 327 328 329 Date: Date: 330 331 332 APPROVED AS TO FORM: APPROVED ASJO FORM: 333 334 335 336 By(print): By(print): 337 338 339 340 Signature: Signature:. 341 City Attorney Assistant"Attorney General 342 Office of the Attorney General 343 344 345 Date: Date: 346 347 348 ATTEST: 349 350 351 352 By: 353 Bonnie L Walton 354 City Clerk ; 355 356 357 358 Date: Page 8 of 8 GCA-5828 Cooperative Agreement for the City of Renton Project Coordinator for the I-405/I-5 TO SR 169 STAGE 2—Widening and SR 515 Interchange Project 7;25%2008" + :2;141‘:, Draft CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR FUNDING OF THE CITY OF RENTON'S PROJECT COORDINATOR FOR THE I-405 WIDENING FROM I-5 TO SR 169, STATE 2. WHEREAS, the State of Washington, through the Washington State Department of Transportation(WSDOT) is in the process of widening I-405 from I-5 to SR169; and WHEREAS, as part of Stage 2 of such widening WSDOT is scheduled to begin construction in early 2009, adding an additional lane to I-405 in each direction from SR167 to SR169, reconstructing Benson Road South from City Hall south over I-405, Now' widening Talbot Road South between South Renton Village Place and South Puget Drive and constructing a half intersection at Talbot Road South; and WHEREAS, it would be a mutual benefit to the City and WSDOT to direct all communications related to the Stage 2 project through a City Project Coordinator; and WHEREAS, WSDOT has agreed to fund that portion of the City Project Coordinator position that is directly related to services rendered solely for the Stage 2 project; and WHEREAS, is necessary to document the terms and conditions under which WSDOT will fund that position; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DOES RESOLVE AS FOLLOWS: RESOLUTION NO. ,4401 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 execute the agreement with WSDOT to fund the City of Renton's Project Coordinator for work that is directly related to the I-405 Stage 2 project. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES :08/01/08:jo a CITY OF RENTON COUNCIL AGENDA BILL a AI#: 6, lilli Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division Staff Contact Peter Hahn,Deputy PW September 22,2008 P Y Agenda Status Administrator- Transportation x7242 Consent SubX J Issue Paper Public Hearing.. GCA Cooperative Agreement with the Washington Correspondence State Department of Transportation for Design, Ordinance Construction, and Operation of the I-405/1-5 to SR 169 Resolution Stage 2—Widening Project X Old Business Exhibits: New Business WSDOT GCA Cooperative Agreement X Resolution Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The Washington State Department of Transportation(WSDOT)I-405/I-5 to SR 169 Stage 2— Widening project, scheduled to begin construction early 2009, will build an additional lane on I-405 in each direction between SR 167 and SR 169,reconstruct Benson Road from City Hall south over I-405,widen Talbot Road between South Renton Village Place and Puget Drive, and construct a half-interchange at Talbot Road. WSDOT intends to execute this project using the design-build method of project delivery. WSDOT and the City executed a Memorandum of Understanding in September 2004 that described how the two would cooperate during the design and construction of I-405 projects. This Cooperative Agreement further defines both WSDOT and City roles and responsibilities related to design and construction of this Stage 2 project. In order for potential design-build contractors to better understand and anticipate the working relationship between WSDOT and the City, WSDOT will include this agreement in the project Request for Proposals(RFP). STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor and City Clerk to execute the GCA Cooperative Agreement with the Washington State Department of Transportation for the design, construction and iltri operation of the I-405/1-5 to SR 169 Stage 2—Widening project. H:\File Sys\TRP-Transportation Planning&Programming\TRP-10-Transportation Planning Projects\WSDOT I-405\S Renton\Stage 2 Widening\Stage 2 MOA\Stage 2 MOA Agenda Bill.doc f( 0 PUBLIC WORKS DEPARTMENT MEMORANDUMctz, v",+ DATE: September 22, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: , Denis Law, Mayor FROM: fi"Gregg Zimmermandministrator STAFF CONTACT: Peter Hahn, Deputy PW Administrator- Transportation(x7242) SUBJECT: GCA Cooperative Agreement with the Washington State Department of Transportation for Design, Construction, and Operation of the I-405/1-5 to SR 169 Stage 2 —Widening Project ISSUE: Should the Mayor and City Clerk execute the GCA Cooperative Agreement with the Washington ,, State Department of Transportation (WSDOT) for the design, construction, and operation of the 4100 I-405/I-5 to SR 169 Stage 2—Widening project ? RECOMMENDATION: Adopt the resolution authorizing the Mayor and City Clerk to execute the GCA Cooperative Agreement with the Washington State Department of Transportation for the design, construction, and operation of the I-405/I-5 to SR 169 Stage 2 — Widening project. BACKGROUND: The Washington State Department of Transportation (WSDOT) I-405/I-5 to SR 169 Stage 2— Widening Project, scheduled to begin construction early 2009, will build an additional lane on I-405 in each direction between SR 167 and SR 169, reconstruct Benson Road from City Hall south over I-405, widen Talbot Road South between South Renton Village Place and South Puget Drive, and construct a half-interchange at Talbot Road South. WSDOT intends to execute this project using the design-build method of project delivery. WSDOT and the City executed a Memorandum of Understanding in September 2004 that described how the two would cooperate during the design and construction of I-405 projects. This Cooperative Agreement further defines both WSDOT and City roles and responsibilities Council/WSDOT I-405 Stage 2 Page 2 of 2 September 22,2008 related to the design and construction of the I-405/1-5 to SR 169 Stage 2—Widening project. In order for potential design-build contractors to better understand and anticipate the working relationship between WSDOT and the City, WSDOT will include this agreement in the project Request for Proposal (RFP). cc: Peter Hahn,PW Deputy Administrator—Transportation Lys Hornsby,Utility Systems Director Dave Christensen,Utility Engineering Supervisor Abdoul Gafour,Water Utility Supervisor Ron Straka,Utility Engineering Supervisor Jim Seitz,Transportation Planning and Programming Supervisor Leslie Betlach,Parks Director Keith Woolley,Transportation Planning and Programming File Ned H:\File Sys\TRP-Transportation Planning&Programming\TRP-I0-Transportation Planning Projects\WSDOT I-405\S Renton\Stage 2 Widening\Stage 2 MOA1Stage 2 MOA Issue Paper.doc NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 1 2 GCA-5721 4 Washington State Department of Transportation (WSDOT) 5 and the City of Renton 6 COOPERATIVE AGREEMENT 7 For DESIGN and CONSTRUCTION of the 8 I-405/1-5 TO SR 169 STAGE 2 - WIDENING 9 AND SR 515 INTERCHANGE PROJECT 10 11 12 This Agreement for Design and Construction of the I-405/I-5 to SR 169 Stage 2 - 13 Widening and SR 515 Interchange Project (the "Agreement") is made and entered into by the 14 CITY OF RENTON(the "CITY") and the STATE OF WASHINGTON, DEPARTMENT OF 15 TRANSPORTATION(the "STATE"). 16 17 WHEREAS, the STATE, in the interest of providing congestion relief in the I-405 18 Corridor, proposes improvements along I-405 within the CITY in a project known as the I-405/ 19 I-5 to SR 169 Stage 2 - Widening and SR 515 Interchange Project (the "PROJECT"); and 20 21 WHEREAS,the proposed PROJECT will require the STATE to perform certain work on 22 the CITY's facilities; and 23 24 WHEREAS, the STATE, having secured funding for the PROJECT, is willing to 5 undertake the construction of said PROJECT; and 26 27 WHEREAS, the STATE will construct the PROJECT using the design-build method of 28 project delivery; and 29 30 WHEREAS, the design-build method of project delivery is flexible and allows for the 31 development and finalization of the design after the contract is awarded, unlike the typical 32 design-bid-build method of project delivery; and 33 34 WHEREAS, the design of project elements in the design-build method of project 35 delivery moves faster than in the typical design-bid-build method of project delivery; therefore, 36 expedited CITY review of the design elements will be required; and 37 38 WHEREAS, the Parties understand that the PROJECT design will be finalized after the 39 contract is awarded; and 40 41 WHEREAS, the Parties executed a Memorandum of Understanding on September 27, 42 2004, that describes the Parties' cooperation during design and construction of the I-405 43 Congestion Relief& Transit Projects; and 44 45 WHEREAS, the Parties desire this Agreement to define their roles and responsibilities 46 related to design and construction of the PROJECT; and Page 1 of 22_v GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/1-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7:25:20087-- --2 „Draft I NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 47 48 WHEREAS,the Parties recognize that future supplements or amendments to this 49 Agreement, or other new agreements, may be necessary to record final design decisions and `+ 001 50 define cost estimates related to the design and construction of the PROJECT. 51 52 NOW, THEREFORE, by virtue of Revised Code of Washington(RCW) 47.28.140 and 53 in consideration of the terms, conditions, covenants, IT IS MUTUALLY AGREED AS or 54 attached and incorporated and made a part hereof, 55 FOLLOWS: 56 57 1.0 GENERAL 58 59 1.1 The STATE will construct the PROJECT improvements along the I-405 Corridor, the 60 general limits of which are described in Exhibit A and shown in Exhibit B, attached 61 hereto and by this reference made part of this Agreement. 62 63 1.2 The anticipated construction schedule for the PROJECT is to award the design-build 64 contract in the fall of 2008 and open to traffic by summer 2011. 65 66 1.3 The CITY and the Renton Administration Executive Committee, consisting of the 67 CITY's Chief Administrative Officer and CITY Administrators as well as the STATE's 68 I-405 Project Director and senior staff,have had ongoing communication and 69 negotiations that have resulted in many design decisions for elements within the 70 PROJECT. Those elements are incorporated into this Agreement, its supplements, and/or 71 amendments, or will be incorporated into contract or other related agreements for this 72 PROJECT. 73 74 2.0 ROLES 75 76 2.1 The Parties acknowledge that the STATE will enter into future contractual agreement(s) 77 with a design-build contractor(the "DESIGN-BUILDER") for design and construction of 78 the PROJECT. 79CITY 80 2.2 The STATE agrees to encourage a partnerinsession includinggo review oord Watson processes and t staff, 81 and the STATE's DESIGN-BUILDER staff 82 determine the need for, or frequency of, continuing coordination meetings. 83 84 2.3 The STATE shall track all CITY communication requests. 85 86 2.4 The CITY Project Coordinator will be responsible for facilitating all PROJECT-related 87 communication between the STATE and CITY staff as well as expediting CITY review 88 of all PROJECT-related submittals. This coordination of efforts with the STATE will 89 take place via the STATE's I-405 Project Engineer. 90 91 2.5 The STATE's I-405 Project Engineer, or his/her designee, will be responsible for 92 facilitating all PROJECT-related communication between the CITY Project Coordinator Page 2 of 22'. GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7;'25/2008' r:; Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 93 and STATE staff as well as providing PROJECT-related submittals to the CITY Project 94 Coordinator. This coordination of efforts with the CITY will take place via the CITY X96 Project Coordinator. 95 97 2.6 The STATE agrees to make presentations to the CITY when requested to do soby the 98 CITY. 99 100 2.7 The STATE agrees to provide PROJECT updates to CITY staff on a monthly basis. 101 These updates will include the PROJECT'S milestones and will be in a format suitable for 102 posting on the CITY website, or for inclusion in the CITY newsletter. 103 104 2.8 The STATE will develop a Public Information Plan that ensures PROJECT information 105 is made available to the public. In addition, the CITY and STATE will continue 106 coordinating outreach to the business community. 107 108 2.9 The Parties agree to fund and be fully responsible for their own respective costs 109 associated with staff time necessary to fulfill their roles and responsibilities as identified 110 in this Agreement, except in the following case(s). 111 112 2.9.1 The STATE agrees to fund CITY project coordination activities for the length of this 113 Agreement through a CITY Project Coordinator. 114 115 2.9.2 The CITY Project Coordinator will serve as the CITY's PROJECT liaison b egiing 116 with Notice to Proceed to the STATE'S DESIGN-BUILDER and will be responsible 7 for expediting CITY review of PROJECT submittals. 18 119 2.9.3 The STATE shall only fund those hours worked by the CITY Project Coordinator 120 for coordination activities associated with the PROJECT. 121 122 2.9.4 The Parties will enter into a separate agreement outlining the details related to scope 123 of work and reimbursement for the CITY Project Coordinator. p 124 125 3.0 CITY REVIEW AND COMMENT ON PROJECT ELEMENTS 126 127 3.1 The STATE will provide the CITY with both a hard copy and an electronic copy of the 128 Preliminary and Final Design Submittals, as submitted by the Design-Builder in 129 accordance with the PROJECT'S Request for Proposals (RFP), for review and comment 130 by the CITY of PROJECT elements. 131 132 3.1.1 PROJECT elements include, but are not limited to, design of CITY streets and other 133 associated CITY roadway elements, streetlights along CITY roadways. CITY street 134 detour routes, noise variance requests within the CITY limits, and right of way use 135 permits within the CITY limits. 136 137 3.1.2 The scope of the CITY's review and comment will be limited to conformance with 38 applicable CITY design standards, standard plans, codes, and policies as of the Page 3 of2222 GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7,:25,.20087..2,; :, ;;,; Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 139 PROJECT'S RFP issue date. 140 an NIS 141 3.2 The STATE will provide the CITY with both fora hard CITY cuopy incdonfelectr rmingthat all thof the 142 Release for Construction(RFC) documents 143 CITY's comments on the Final Design Submittals have been addressed and are consistent 144 with the agreed upon comment resolution process. No additional information, other than 145 to address comments made on the Final Design Submittal by other reviewers, is to be 146 expected. 147 148 3.3 The STATE will review all submittals requirementsprior its ltosforw BdingDthem to the CITY's completeness 149 and compliance with contractq 150 Project Coordinator for review. 151 152 3.4 The STATE will work with its DESIGN-BUILDER to give the CITY as much advance 153 notice of upcoming and planned submittals as possible. 154 155 3.5 The Parties recognize the importance of timeliness in reviews, avoidance of delays, and 156 minimizing costs for the PROJECT, as well as the mutual benefit provided in shortening 157 plan and proposal review times. To that end, the CITY commits to reviewing and 158 returning submittals within a maximum of fourteen(14) calendar days, except for certain 159 permits and review periods defined in Renton Municipal Code (RMC) or the seven (7) 160 calendar days allowed for RFC reviews, as described above. 161 162 3.5.1 In the case of infrequent circumstances, such as CITY emergencies and extreme and 163 unusual weather conditions affecting the CITY's ability to perform normal functions, 164 or receipt of project submittals of unusual volume, complexity, or unexpected or 165 controversial content, the Parties recognize the challenge the CITY may have to 166 review and return submittals within the allotted review period. 167 168 3.5.2 The Parties agree that additional review days may be allowed if there is no created 169 delay or cost increase for the PROJECT. In these cases,the CITY will be responsible 170 for requesting approval from the STATE within the allotted review period and 171 articulating the cause for delay and specific additional calendar days needed for the 172 review. 173 174 3.5.2.1 The STATE will review the extended period request for consequences tot e 175 design-build contract requirements, schedule, and cost. 176 177 3.5.2.2 The STATE will approve extensions if there is no risk created to the design- 178 build contract. 179 180 3.5.2.3 If the STATE is unable to approve additional review days, the STATE, at the 181 STATE's sole discretion, may proceed with the design-build contract without 182 the CITY's review comments so as to prevent any delays to the PROJECT due 183 to the CITY's reviews. 184 Page 4 of 211 GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/1-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7%25;2008 : 12_,,f1= Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 185 186 4.0 DESIGN OF ELEMENTS WITHIN CITY JURISDICTION ,, _87 188 4.1 All plans for the PROJECT will follow the STATE'S Plans Preparation Manual. All 189 facilities within the I-405 limited access will use STATE design standards, except that the 190 Renton Municipal Code and Renton Standard Design Details, as of the PROJECT'S RFP 191 issue date, will apply to plans for Benson Road and Renton Village Place within I-405 192 and SR 515 limited access. 193 194 4.2 The Parties agree that the aesthetic treatments of the I-405 Master Plan compatible 195 elements listed in Sections 4.3 through 4.7 will conform to the guidelines described in the 196 I-405 Urban Design Criteria for the I-405/I-5 to SR 169 Stage 2 - Widening and SR 515 197 Interchange Project (the "UDC" 198 ), incorporated into this Agreement by this reference. The Parties understand that the engineering details of aesthetic elements identified in the 199 UDC are undergoing final review and that this review will not change the concepts 200 developed during the UDC process. 201 202 4.3 The Parties agree to the design of elements that are within the CITY's jurisdiction and 203 related to Benson Road within the PROJECT limits as well as the Benson Road Bridge 204 over 1-405, as depicted in the UDC and as follows. 205 206 4.3.1 The Benson Road cross section, as depicted in Exhibit C, attached hereto and by this 207 reference made part of this Agreement, will consist of twelve (12) foot through lanes 708 and turning lanes (when needed) at Eagle Crest Drive, a five (5) foot bike lane on 9 each side of the street, and a six (6) foot sidewalk on the west side of Benson Road, 7:10 except south of the Eagle Crest Drive sidewalk on the east. In aon, the 211 across the Benson Road intersection at the south side of Eagle Crredst1Drive will crosswalk 212 feature wheel chair accessible ramps at both ends of the crosswalk and an island in 213 the center of Benson Road. 214 215 4.3.2 The sidewalk on Benson Road Bridge will incorporate the treatments described in the 216 UDC. The sidewalk off, and within 50 feet of, the bridge will incorporate the 217 transitional sidewalk treatment described in the UDC. Sidewalk beyond 50 feet of the 218 transitional sidewalk treatment shall be standard sidewalk, as detailed in the City of 219 Renton Plans for Road, Bridge, and Municipal Construction that are in effect at the 220 time of the PROJECT'S RFP issue date. 221 222 4.3.3 Luminaires on Benson Road Bridge will incorporate the treatments described in the 223 UDC. Standard luminaires will be used off the Benson Road Bridge. Lighting will 224 meet the requirements outlined in RMC 4-6-060(I) for a minor arterial in residential 225 zoning. 226 227 4.3.4 The overpass pedestrian fencing handrails on Benson Road Bridge will incorporate 228 the bridge fencing panel treatment described in the UDC. The overpass pedestrian 229 fencing handrails off, and within 50 feet of, the bridge will incorporate the transition 710 fencing panel treatment described in the UDC. The bridge railing described in the Page 5 of22_: GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7;25 2008 ," ,3t,:e"c Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 231 WSDOT Bridge Design Manual will be used on retaining walls along Benson Road 232 outside these limits. 233 234 4.3.5 The Benson Road pavement section shall be approximately seven (7) inches Hot Mix 235 Asphalt(HMA) Class '/2-inch, PG 64-22 and approximately four (4) inches Crush 236 Surfacing Base Course (CSBC). 237 238 4.3.6 The design and posted speed of Benson Road will be 35 miles per hour. 239 240 4.3.7 The roadway clear zone along Benson Road will be ten(10) feet. 241 242 4.3.8 The west side Benson Road retaining wall shall not preclude the future installation of 243 a pedestrian signal head. 244 245 4.3.9 Removal of the mine hoist historical marker SR 169 1SPhase 2) Envirodocumented in nmental n405, Tukwila Assessmen� 246 Renton Improvement Project I 5 to 247 but will not be removed by the STATE's DESIGN-BUILDER. 248 249 4.4 The Parties agree to the design of elements that are within the CITY's jurisdiction and 250 related to SR 515, as depicted in Exhibit D, attached hereto and by this reference made 251 part of this Agreement, the UDC, and as follows. 252 253 4.4.1 The sidewalk located north of the 1-405 off-ramp on SR 515 and along Renton 254 Village Place will incorporate standard finishes described in the City of Renton Plans 255 for Road, Bridge, and Municipal Construction that are in effect at the time of the 256 PROJECT's RFP issue date. 257 258 4.4.2 New sidewalk located between Puget Drive and Renton Village Place on SR 515 will 259 incorporate the transition sidewalk paving detail treatment described in the UDC. 260 261 4.4.3 Sidewalk removed bTetween the construct on willp terminals by be replaced with sidewalksincorpora e STATE's D ing the R 262 as part of PROJEC 263 transition sidewalk paving detail treatment. 264 265 4.4.4 The sidewalk located south of Puget Drive on SR 515 will incorporate standard 266 finishes described in the City of Renton Standard Plans for Road, Bridge and 267 Municipal Construction. 268 269 4.4.5 Emergency access to the north access of Renton Plaza (south of I-405 and east of SR 270 515 at approximately Highway Engineer's Station BS 414+18 Rt. on the SR 515 line 271 survey of SR 405, SR 515 Vic. to S. 6th St. Vic.) will be maintained from both 272 northbound and southbound SR 515, while general use access from SR 515 will be 273 restricted to right in/right out. Features to allow emergency access will include 274 mountable curbs, flexible pylons, or another method acceptable to the Parties that 275 allows access for emergency vehicles but deters general use. 276 °4110' Page 6 of 222. GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7/25:`2008 '.;.:_:; } Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 277 4.4.6 Non-motorized facilities on SR 515 are limited to only the following elements. 278 79 4.4.6.1 Six (6) foot wide sidewalks on both sides of SR 515. 280 281 4.4.6.2 A crosswalk at all legs of the SR 515/Puget Drive intersection, except for the 282 north leg on SR 515. 283 284 4.4.6.3 A crosswalk at all legs of the SR 515/Renton Village Place intersection, except 285 for the south leg of SR 515. p 286 287 4.4.6.4 A crosswalk only on the east leg of the SR 515/on-ramp to northbound I-405 288 intersection. 289 290 4.4.6.5 A crosswalk across the Renton Plaza access along the east side of SR 515. 291 292 4.4.7 The STATE will provide an area along SR 515 between the curb and sidewalk to 293 allow for the potential future installation of landscape strips, to be planted and 294 maintained by the CITY, as depicted in Exhibit E, attached hereto and by this 295 reference made part of this Agreement. The Parties will enter into a separate 296 agreement outlining the details related to the CITY's maintenance of the landscape 297 strips. 298 299 4.5 The Parties agree to the design of elements that are within the CITY's jurisdiction and 300 related to Renton Village Place as follows: 11 02 4.5.1 The design and posted speed of Renton Village Place will be 25 miles s per hour. 304 4.5.2 The Renton Village Place pavement section shall be approximately seven (7) inches 305 HMA Class '/-inch, PG 64-22 and approximately four(4) inches CSBC. 306 307 4.5.3 The sidewalk located along Renton Village Place will incorporate standard finishes 308 described in the City of Renton Plans for Road, Bridge, and Municipal Construction 309 that are in effect at the time of the PROJECT's RFP issue date. 310 311 4.6 Treatment of retaining walls constructed by the PROJECT will be finished as outlined in 312 the UDC. 313 314 4.7 Noise walls constructed by the PROJECT will be finished with the ashlar stone block 315 pattern treatment on the neighborhood side and the standard fractured fin treatment on the 316 I-405 Corridor side, as described in the UDC. 317 318 4.8 If the STATE'S DESIGN-BUILDER proposes a design change to an existing CITY 319 facility that is not part of the PROJECT, such as a CITY street, sidewalk, trail, streetlight, 320 or traffic signal, the STATE agrees to present the change to the CITY for review, 321 discussion, and approval. 322 Nikee Page 7 of 22 GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7;25,'_'00 %, ,;,..; Draft • NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 323 4.8.1 The STATE will provide the CITY with plans of any changes to the CITY facilities 324 for review. 325 326 4.8.2 These reviews will be conducted in accordance with Section 3.0 of this Agreement. 327 328 4.9 If the CITY proposes a change to an existing CITY facility within the PROJECT limits, 329 the CITY shall request a meeting through the STATE's I-405 Project Engineer. 330 331 4.9.1 The Parties agree to meet in a cooperative spirit to review and discuss the proposed 332 change. 333 334 4.9.2 If the STATE determines the proposed change to be feasible and appropriate, the 335 Parties shall negotiate the responsibilities for payment of costs associated with the 336 requested change based on the benefits of the proposed change to each Party. 337 338 4.9.3 If the Parties can mutually agree on payment responsibilities, the STATE will 339 implement the change. 340 341 4.9.4 The consideration of potential sched le both Parties which may result in additional cost, 342 shall be of paramount importance to343 344 5.0 CITY OWNED UTILITIES 345 346 5.1 Any protection, improvement, or relocation of CITY utilities required by the construction 347 of the PROJECT will be covered under a separate agreement. 348 349 5.2 All existing hydrants for fire protection on I-405, SR 515, and Benson Road that are 350 removed to accommodate PROJECT improvements shall be replaced. No additional 351 hydrants are required for the PROJECT. 352 353 5.3 All utilities shall remain operational during all phases of construction, except as 354 specifically allowed and approved in writing by the utility owner. The STATE's 355 DESIGN-BUILDER shall obtain the utility owner's approval in writing prior to any 356 temporary diversion or interruption of service of affected utility facilities. 357ermit, and construct 358 5.4 The STATE, working with its DESIGN-BUILDER, will design, p 359 two new 4-inch fiber optic conduits with inner ducts and related manholes and hand holes 360 on the west side of Benson Road South as well as two new 4-inch fiber optic conduits 361 and related manholes and hand holes on the west side of SR 515, as outlined in Utility 362 Construction Agreement UT01312. 363 364 5.5 The STATE, working with its DESIGN-BUILDER, will design and construct the 365 removal and replacement of an existing 54-inch manhole along with approximately 50 366 linear feet of 18-inch sewer line located between 1-405 and Benson Road South in order 367 to allow reconstruction of I-405 and construction of a new interchange at SR 515, as 368 outlined in Utility Construction Agreement UT01306. Page 8 of 22' GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7:.25;2008,.2- __.;E; s Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 369 6.0 STORM DRAINAGE 370 ow 71 6.1 The STATE, working with its DESIGN-BUILDER, shall provide a Hydraulic Report that 372 will include hydrologic/hydraulic analysis of water quality/detention facilities and 373 conveyance systems that convey runoff through the PROJECT site and discharge to 374 downstream systems, streams wetlands, and rivers. This report will discuss downstream 375 analysis. 376 377 6.2 Drainage facilities that convey runoff from offsite areas and discharge PROJECT runoff 378 to downstream systems will meet STATE flow control and downstream analysis 379 requirements. These requirements are deemed to be equivalent to the CITY stormwater 380 design standards and will protect against the degradation of downstream flooding 381 conditions. 382 383 6.3 In addition to the STATE flow control requirements, the design shall verify that detention 384 facilities will not increase the existing one hundred (100) year rm event pea 385 downstream of the PROJECT. This will be documented in the Hydraul c Report rate 386 discussed in Section 6.1. 387 388 6.4 The STATE, working with its DESIGN-BUILDER, will assure that stormwater 389 management facilities that introduce new open water areas within ten thousand (10,000) 390 feet of the Renton Municipal Airport are designed according to Federal Aviation 391 Administration (FAA)Advisory Circular 150/5200-33, and grading of these facilities 392 shall be coordinated with the United States Department of Agriculture and FAA. 13 %.41194 6.5 PROJECT documentation that demonstrates compliance with Sections 6.1 395 shall be submitted in sufficient time to allow the CITY a minimum of fourteen (14)6.4 396 calendar days to review and provide comments. 397 398 7.0 TRAFFIC SIGNALS & LIGHTING 399 400 7.1 Traffic signal design, maintenance, and operations required by construction of the 401 PROJECT will be covered under a separate agreement. 402 403 7.2 Existing traffic signals will remain operational throughout the duration of the PROJECT, 404 either with permanent or temporary traffic signals. 405 406 7.3 Proposals by the STATE's DESIGN-BUILDER for the use and requirement of temporary 407 illumination on CITY streets will be evaluated during construction by the CITY to 408 determine acceptability. 409 410 8.0 TRAFFIC CONTROL AND DETOUR PLAN APPROVAL PROCESS ON CITY 411 STREETS 412 413 8.1 The STATE, working with its DESIGN-BUILDER, shall submit proposed road and trail 414 closures, detours, and traffic control plans involving CITY streets to the CITY's Public Page 9 of 221.7.' GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7i25:200S Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 415 Works Department for approval at least three (3) weeks prior to proposed closures. The 416 CITY shall review each submittal and return it to the STATE within fourteen (14) 417 calendar days after receipt of plans, indicating either"approved," "approved with *4000 418 comments," or"not approved, contractor to revise and resubmit." 419 420 8.2 Unless otherwise approved by the CITY, the STATE shall prohibit it's DESIGN- 421 BUILDER from closing any ramp, any lane of a CITY street, or any lane of I-405 that 422 requires traffic control measures on aCITY eekend saletween the hours of 5 a.m. and events, and between the third 10 423 p.m. during Renton River Days, IKEA 424 Thursday in November and the second day in January. 425 weekend closures of Benson Road from 10 p.m. 426 8.3 The CITY agrees to pre-approve two (2) 427 on a Friday night until 5 a.m. the following Monday morning within the PROJECT area 428 subject to the restrictions stated in Section 8.2. 429 430 8.4 The STATE shall notify the CITY via ley Communications Center at (253) 852-2121 431 at least 24 hours prior to any I-405 lane closures. 432 433 8.5 Closures of local roads less than 24Cou hours in i aduration, subject to the time restrictions in 434 Section 8.2, will not require CI ction. 435 436 8.6 Benson Road and SR 515 serve as complementary north-south routes traversing 1-405. 437 Therefore, when approving traffic control plans during construction, the CITY approved 438 work hours will preserve northbound movements in the morning and southbound 439 movements in the evening. Additionally, the CITY will not allow at any time complete 440 closures in one or both directions of Benson Road and SR 515 at the same time. 441 442 9.0 WORK WITHIN CITY RIGHT OF WAY OR IN AREAS TO BE TURNED BACK 443 TO THE CITY 444 445 9.1 The STATE will notify the CITY fourteen (14) calendar days in advance of any work 446 within the CITY right of way. 447 448 9.2 Although the STATE is administering the design-build contract and inspection services 449 are included in the contract, the CITY may provide an inspector, at the CITY's expense, 450 to ensure proper compliance with CITY requirements for CITY-owned elements of the 451 PROJECT located within the CITY owned right of way or in areas to be turned back. 452 453 9.2.1 The CITY inspector shall advise the I-405 Project Engineer of any non-compliance 454 issues within five (5) calendar days. 455 456 9.2.2 The CITY inspector shall communicate with the STATE'S DESIGN-BUILDER 457 through the STATE's I-405 Project Engineer and will follow the STATE's DESIGN- 458 BUILDER protocols when visiting the PROJECT site. 459 r.rr Page 10 of 22,: GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/1-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7/25 2008-, .:' . i : Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 460 9.3 PROJECT plantings within the CITY right of way shall conform to the CITY's Critical 161 Areas Ordinance and the guidelines outlined in the UDC. The STATE will provide plant establishment for PROJECT plantings within the CITY right of way for three (3) 463 years. 464 10.0 WORK WITHIN AND/OR OVER THE CITY AQUIFER PROTECTION AREA 465 466 10.1 The PROJECT will have work within and/or over the CITY Aquifer Protection Area 467 Zones 1 and 2. 468 469 10.2 All construction within and/or over the CITY Aquifer Protection Area Zones 1 and 2 470 shall comply with the Washington State Wellhead Protection Requirements outlined in 471 Washington Administrative Code 246-290-135(4) and in RMC 4-3-050, 4-4-030, and 472 4-9-015. 473 474 11.0 PERMITS 475 476 11.1 The STATE, and/or its DESIGN-BUILDER, shall apply for and obtain all necessary 477 permits for work within the corporate limits of the CITY and regulated by the CITY, 478 including, but not limited to, the following. 479 480 11.1.1 Exceptions to the hours for development activity(per Renton Municipal Code). 481 482 11.1.2 Public works permit, which includes all road construction work within the CITY's 483 right of way, including but not limited to, haul routes, proposed road closures, and Noms►'S design and construction of local road sidewalks, curbs, driveway curb cuts, pavement sections, temporary construction agreements, noise walls, and easements. 486 487 11.2 The CITY shall review each permit submittal by the STATE's DESIGN-BUILDER and 488 return it to the STATE within a maximum of fourteen (14) calendar days after receipt of 489 each permit submittal, except for certain CITY permits and review periods defined in the 490 Renton Municipal Code and other exceptions outlined in Section 3.5, and will indicate 491 either "approved," "approved as noted," or "not approved." 492 493 12.0 DISPUTES 494 495 12.1 In the event that issues arise that are not addressed in this Agreement, the CITY and 496 STATE agree to work quickly and collaboratively to determine a resolution using the 497 following guidelines at the lowest organizational level. 498 499 12.2 The process to informally resolve the situation shall proceed in the following order. 500 501 12.2.1 The CITY's Project Coordinator and the STATE's I-405 Project Engineer shall 502 jointly cooperate to informally resolve any disputes as quickly and efficiently as 503 possible. 504 Page 11 of 22.2 GCA-5721 Cooperative Agreement for the Design and Construction of the 1-405/1-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 725;2008- 2,' ,, Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 505 12.2.2 If dispute resolution is not successful at the level described above, the CITY's Deputy 506 Planning, Building, and Public Works Administrator -Transportation and the 507 STATE's 1-405 Construction Manager shall jointly cooperate to informally resolve 508 any dispute. 509 510 12.2.3 If dispute resolution is still not successful, the CITY's Planning, Building, and Public 511 Works Administrator, and the STATE's I-405 Deputy Project Director shall jointly 512 cooperate to informally resolve any dispute. 513 514 12.2.4 If the dispute cannot be resolved the STATE's It405 Projecthe levels ove, the CITY's Chief DirectorDirector shall jointly 515 Administrative Officer a 516 cooperate to informally resolve any dispute. 517 518 12.3 If unresolved, the CITY's Public Works Administrator and the STATE's 1-405 Project 519 Director shall notify each other in writing of any dispute needing resolution. They shall 520 meet together with appropriate staff from the CITY and STATE, within three (3) business 521 days of receiving the written notice in order to resolve the dispute to the satisfaction of 522 both Parties. Each Party agrees to compromise to the fullest extent possible in resolving 523 the dispute in order to avoid delays and minimize PROJECT costs. 524 525 12.4 If still unresolved, the CITY's Public Works Administrator and the STATE's 1-405 526 Project Director shall each appoint a member to a dispute resolution panel. These two 527 members shall select a third member not affiliated with either Party. The decision made 528 by this panel shall be final and binding on the Parties to this Agreement. The STATE and 529 the CITY shall each pay fifty (50) percent of the costs for the third member of the dispute `' iessi 530 resolution panel. 531 532 13.0 INDEMNIFICATION AND HOLD HARMLESS 533 534 13.1 Each Party shall protect, defend, indemnify, and save harmless the other Party, its 535 officers, officials, employees, and agents, while acting within the scope of their 536 employment as such, from any and all costs, claims,judgments, and/or awards of 537 damages (both to persons and/or property), arising out of, or in any way resulting from, 538 each of the Party's own acts or omissions. No Party will be required to indemnify, 539 defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or 540 damages (both to persons and/or property) is caused by the sole negligence of the other 541 Party, its officers, officials, employees, and agents, while acting within the scope of their 542 employment as such. Where such claims, suits, or actions result from the concurrent 543 negligence of the Parties, the indemnity provided herein shall be valid and enforceable 544 only to the extent of a Party's own negligence. 545 546 13.2 The STATE and the CITY agree that their obligations under this Section extend to any 547 claim, demand, and/or cause of action brought by, or on behalf of, any of its employees 548 or agents. For this purpose, the Parties, by mutual negotiation, hereby waive, with 549 respect to the other Party only, any immunity that would otherwise be available against Page 12 of 22. GCA-5721 Cooperative Agreement for the Design and Construction of the 1-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7,''25 2008/ _?,t.1:;',% Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 550 such claims under the Industrial Insurance provisions of Title 51 RCW. 551 ,,'52 13.3 In the event either Party incurs any judgment, award, and/or cost arising herefrom,including attorneys' fees, to enforce the provisions of this Section, all such fees, 554 expenses, and costs shall be recoverable from the other Party. 555 556 13.4 This indemnification and waiver shall survive the termination of this Agreement. 557 558 14.0 AMENDMENT 559 560 14.1 Either Party may request modifications to this Agreement. Such modifications shall be 561 mutually agreed upon by written amendments and/or supplements to this Agreement. 562 563 14.2 No variation or alteration of the terms of this Agreement shall be valid unless made in 564 writing and signed by authorized representatives of the Parties hereto. 565 566 15.0 ALL WRITINGS CONTAINED HEREIN 567 568 15.1 This Agreement contains all the terms and conditions agreed upon by the Parties to this 569 Agreement. 570 571 15.2 No other understanding, oral or otherwise, regarding the subject matter of this Agreement 572 shall be deemed to exist or to bind any of the Parties hereto. 573 X74 16.0 GOVERNANCE 5 75 576 16.1 This Agreement is entered into pursuant to, and under the authority granted by, the laws 577 of the State of Washington and applicable federal laws. 578 579 16.2 The provisions of this Agreement shall be construed to conform to those laws. 580 581 17.0 EFFECTIVENESS AND DURATION 582 583 17.1 This Agreement is effective upon execution by both Parties and shall remain in effect 584 through the design and construction of the PROJECT. 585 586 18.0 SEVERABILITY 587 588 18.1 If any provision of this Agreement, or any provision of any document incorporated by 589 reference, shall be held invalid, such invalidity shall not affect the other provisions of this 590 Agreement that can be given effect without the invalid provision, if such remainder 591 conforms to the requirements of applicable law and the fundamental purpose of this 592 Agreement, and to this end the provisions of this Agreement are declared to be severable. 593 594 595 Page 13 of 22 GCA-5721 Cooperative Agreement for the Design and Construction of the 1-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7125:'20087 :2.;._ ;<)< Draft 411, NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 596 19.0 TERMINATION 597 598 19.1 This Agreement may be terminated by either Party with sixty (60) calendar days' notice 599 and the written mutual consent of both Parties. 600 601 20.0 VENUE 602 603 20.1 In the event that either Party deems it necessary thetPart es hereto agpee thadangs to 604 enforce any right or obligation under this Agreement, ry 605 such action or proceeding shall be brought in the superior court situated in Thurston 606 County, Washington, and only upon exhaustion of the dispute resolution process outlined 607 in Section 11 of this Agreement. 608 609 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as oft e 610 latest date written below: 611 STATE OF WASHINGTON 612 CITY OF RENTON DEPARTMENT OF TRANSPORTATION 613 614 615 616 617 By: 618 By: Kim Henry 619 Denis Law I-405 Project Director Nad 620 Mayor 621 622 623 Date: 624 Date: 625 626 APPROVED AS TO FORM: 627 APPROVED AS TO FORM: 628 629 630 By (print): 631 By (print): 632 633 634 635 Signature: Signature: 636 City Attorney Assistant Attorney General 637 Office of the Attorney General 638 639 640 641 Date: Date: Page 14 of 22' GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/1-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7 2s/20087 2,1-2 +:1S Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 642 543 x,44 ATTEST: 645 646 647 648 By: 649 Bonnie I. Walton 650 City Clerk 651 652 653 654 Date: 655 Now Page 15 of 2222 GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7'25,2008T 2,4;.?;;:) Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 655 EXHIBIT A 656 GENERAL PROJECT DESCRIPITON 657 658 659 As part of the PROJECT, the STATE will add one (1) lane in each direction on I-405. The 660 PROJECT improvements also include: 661 662 • An I-405 northbound auxiliary lane from the SR 167 on-connection to the SR 169 off- 663 connection; 664 665 • An I-405 southbound auxiliary lane from the SR 169 on-connection to the southbound 666 SR 167 off-connection; 667 668 • Reconstruction of Benson Road from just south of I-405 north to almost Renton City Hall 669 (from approximately Highway Engineer's Station 45+00 on the SSH 5-C line survey of 670 SR 405, SR 515 Vic. to S. 6th St. Vic. to approximately Highway Engineer's Station 671 375+00 on the SR 405 line survey of SR 405, SR 515 Vic. to S. 6th St. Vic.), including 672 the bridge where Benson Road crosses over I-405 to accommodate current and future I- 673 405 widening; 674 675 • A new on-ramp from SR 515 to northbound I-405 and a new off-ramp from southbound 676 1-405 to SR 515; 677 678 • An additional metered lane on the SR 169 to southbound I-405 on-ramp; and 679 680 • Intersection improvements along SR 515 between South Puget Drive and the southbound 681 I-405 off-ramp terminus. 682 683 The additional lanes on I-405 will be constructed as follows: 684 685 • Using non-standard lane and shoulder widths; 686 687 • Widening the I-405 bridge over SR 515 on the north side by approximately three (3) feet; 688 and 689 690 • Adding I-405 lanes without widening or rebuilding the Cedar Avenue and Renton 691 Avenue bridges over 1-405, or the I-405 bridges over SR 167, the Cedar River, and 692 SR 169. 693 err Page 16 of 22.:2 GCA-5721 Cooperative Agreement for the Design and Construction of the I-405/I-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 725`2008-' _%.1 Draft NOT APPROVED AS TO FORM BY ATTORNEY GENERAL 693 EXHIBIT B 594 PROJECT OVERVIEW '4400695 At ix I-405/1-5 TO SR 169 END PROJECT !I ii STAGE 2 - WIDENING AND SR 515 INTERCHANGE 1 MP 4.50 —\ 1111 i I 1 i , s !i . . MP 4.00 ---\ \ C' SECOND METERED LANE \ ADDED TO ON-RAMP----, \ : AT ,/,4 \.'‘ A...:\ -ADDED LANEAkit ,)) .„...... „. .._ ... .....„ . ....., _ „. -- MP 3.85—,, RENTON AVE S CEDAR AVENUE S --, t.r 4, \ ' C s---kip 3,74 $•:;.ii-- u'k, :„. ,...:1 —MP 3.57 *1111." NEW SS 1405 TO —, ,,,/ SR 515 515 OFF-RAMP \ \ , '' At: .......---5 , , ....---- \ .4- __,.. ,,,... . , ..._-- ,.........„..... -., , f,.. BEGIN PROJECT MP 2.85 —MP 2_35 ' .,,..4,' , -, : ,,.., •, ,,,V...itlik:': , • \---NEW SR 515 TO \ NB I-405 ON-RAMP -'''-'.. i / MP 2 \----NEW BENSON ROAD -79---1 -4 STRUCTURE OVER 1405 ; - 0 —I IA•-,7-..;-• 73 0 .1- .,0') ',..O > $1 a k '1'73 NoT To$C.N..e *117 Page 17 of:2222 GCA-5721 Cooperative Agreement for the Design and Construction of the 1-405/1-5 to SR 169 Stage 2—Widening and SR 515 Interchange Project 7/25/20087 :.!,i ..7 -`4 Draft ,.. ---3 CT 01 CT • • • Z C 1 n LA , 7:) — LA LA' ----II•-) VARIES q VARIES q. 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(.. — CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE GCA COOPERATIVE AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR DESIGN, CONSTRUCTION AND OPERATION OF THE I-405 WIDENING PROJECT FROM I-5 TO SR 169, STAGE 2. WHEREAS, the State of Washington, through the Washington State Department of Transportation (WSDOT) is in the process of widening I-405 from I-5 to SR169; and WHEREAS, as part of Stage 2 of such widening WSDOT is scheduled to begin construction in early 2009, adding an additional lane to I-405 in each direction from SR167 to SR169, reconstructing Benson Road South from City Hall south over I-405, 11.0 widening Talbot Road South between South Renton Village Place and South Puget Drive and constructing a half intersection at Talbot Road South; and WHEREAS, WSDOT intends to execute this project using the design-bill method of project delivery; and WHEREAS, WSDOT and the City executed a Memorandum of Understanding, dated September, 2004 describing how the two would cooperate during the design and construction of the I-405 projects; and WHEREAS, the cooperative agreement further defines the parties roles and responsibilities related to design and construction of the Stage 2 project; and WHEREAS, is necessary to execute this agreement so that the designed-billed contract will understand the relationship between WSDOT and the City; RESOLUTION NO. 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 the GCA Cooperative Agreement with WSDOT related to the design, construction and operation of the widening project for I-405, I-5 to SR 169, Stage 2. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie I. Walton, City Clerk vid APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES :08/01/08:jo CITY OF RENTON COUNCIL AGENDA BILL AI#: gotikiitior Submitting Data: For Agenda of: Dept/Div/Board.. PW/Utility Systems/Solid Waste September 22, 2008 Staff Contact Linda Knight, ext 7397 Agenda Status Consent X Subject: Public Hearing.. Solid Waste Contract Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Solid Waste Contract Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... $7.6 million(2009 annual Transfer/Amendment Nimeecontract amount) Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The current Solid Waste Contract expires December 31,2008. Staff has completed negotiations with Waste Management, Inc. for a new Solid Waste Contract that provides for expanded recycling services and changes to the collection model. Council approved the preferred contract option service model and rollout strategy at the Council meeting on September 15,2008. A signed Solid Waste Contract is required by September 26,2008, if implementation is to begin January 1, 2009. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Solid Waste Contract with Waste Management,Inc. with the term starting January 1,2009 and expiring May 31, 2016. The City may, at its sole option, extend the Solid Waste Contract for up to two extensions, each of which shall not exceed two years in duration. Further, direct the Administration to prepare the final Solid Waste Rate Ordinance for Council approval and present for first and second reading. H:\File Sys\SWU-Solid Waste Utility\SWU-14-Collection Contracts\SWU-14-0009-Contract Negotiations 2008\AB SW Contract Approval 2009.doc\LKtp DRAFT Comprehensive Garbage, Recyclables and Compostables Collection Contract slow City of Renton and Waste Management of Washington, Inc. January 1, 2009 — May 31, 2016 r oli Mi f:,3,021 awe i' ;.:4 Comprehensive Garbage, Recyclables and Compostables Collection Contract Table of Contents RECITALS 1 DEFINITIONS 1 1.TERM OF CONTRACT 5 2.SCOPE OF WORK 5 2.1 GENERAL COLLECTION SYSTEM REQUIREMENTS 5 2.1.1 City Service Area 5 2.1.2 Annexation 5 2.1.3 Unimproved Public Streets and Private Roads 6 2.1.4 Hours/Days of Operation 6 2.1.5 Employee Conduct 7 2.1.6 Disabled Persons Service 7 2.1.7 Holiday Schedules 7 2.1.8 Inclement Weather 8 2.1.9 Suspending Collection from Problem Customers 8 2.1.10 Missed Collections 9 2.1.11 Same Day Collection 9 2.1.12 Requirement to Recycle and Compost 9 2.1.13 Routing,Notification and Approval 10 2.1.14 Equipment Age/Condition 10 2.1.15 Container Requirements and Ownership 11 2.1.15.1 Garbage Cans 11 2.1.15.2 Garbage,Recyclables and Compostables Carts 12 2.1.15.3 Detachable and Drop-box Containers 12 2.1.15.4 Recycling Carts 13 2.1.15.5 Ownership 14 2.1.15.6 Container Colors and Labeling 14 2.1.16 Spillage 15 2.1.17 Pilot Programs 15 2.1.18 Disruption Due to Construction 15 2.1.19 Contractor Planning Assistance 16 2.1.20 Safeguarding Public and Private Facilities 16 2.1.21 Company Name 16 2.1.22 Transition and Implementation of Contract 16 2.1.23 Coordination with City and Annual Performance Review 18 2.1.24 Disposal Requirements 18 2.1.25 Emissions Reductions and Sustainability 18 2.2 COLLECTION SERVICES 19 2.2.1 Single-family Residence Garbage Collection 19 2.2.1.1 Subject Materials 19 2.2.1.2 Containers 19 2.2.1.3 Specific Collection Requirements 19 2.2.2 Single-family Residence Recyclables Collection 21 2.2.2.1 Subject Materials 21 2.2.2.2 Containers 22 2.2.2.3 Specific Collection Requirements 22 *441001 City of Renton i Final-September,2008 Solid Waste Collection Contract Comprehensive Garbage, Recyclables and Compostables Collection Contract �.r Table of Contents (continued) 2.2.3 Compostables Collection 23 2.2.3.1 Subject Materials 23 2.2.3.2 Containers 23 2.2.3.3 Specific Collection Requirements 23 2.2.3.4 Foodscraps Collection 24 2.2.4 Single Family Bulky Waste Collection 24 2.2.4.1 Subject Materials 24 2.2.4.2 Specific Collection Requirements 24 2.2.5 Multifamily Complex and Commercial Customer Garbage Collection 24 2.2.5.1 Subject Materials 25 2.2.5.2 Containers 25 2.2.5.3 Specific Collection Requirements 26 2.2.6 Multifamily Complex Recyclables Collection 26 2.2.6.1 Subject Materials 26 2.2.6.2 Containers 26 2.2.6.3 Specific Collection Requirements 27 2.2.7 Commercial Recycling Collection 27 2.2.7.1 Subject Materials 27 2.2.7.2 Containers 27 2.2.7.3 Specific Collection Requirements 27 2.2.8 Multifamily Complex and Commercial Customer Compostables Collection 28 2.2.8.1 Subject Materials 28 2.2.8.2 Containers 28 2.2.8.3 Specific Collection Requirements 28 2.2.9 Drop-Box Container Garbage Collection 29 2.2.9.1 Subject Materials 29 2.2.9.2 Drop Box Containers 29 2.2.9.3 Specific Collection Requirements 30 2.2.10 Temporary Detachable Container And Drop-box Service 30 2.2.11 Service to City Facilities 30 2.2.12 City Drop-off Collection Events 31 2.2.13 City-Sponsored Community Events 31 2.2.14 Optional Curbside Collection Event 32 2.3 MANAGEMENT 32 2.3.1 Responsibility of Participants 32 2.3.1.1 Contractor's Responsibilities 32 2.3.1.2 City's Responsibilities 34 2.3.2 Customer Service 34 2.3.2.1 Location of Customer Service Office 34 2.3.2.2 Customer Service Requirements 35 2.3.3 Customer Billing Responsibilities 36 2.3.3.2 Multifamily and Commercial Billing 38 2.3.4 Reporting 39 2.3.4.1 Monthly Reports 39 2.3.4.2 Semi-annual Reports 40 2.3.4.3 Annual Reports 40 2.3.4.4 Ad Hoc Reports 40 2.3.5 Promotion and Education 40 2.3.6 Field Monitoring 41 2.3.7 Transition to Next Contractor 41 City of Renton ii Final-September,2008 Solid Waste Collection Contract Comprehensive Garbage, Recyclables and Compostables Collection Contract IS Table of Contents (continued) 3.COMPENSATION 41 3.1 COMPENSATION TO THE CONTRACTOR 42 3.2 COMPENSATION TO THE CITY 42 3.2.1 Franchise Fee 42 3.2.2 Taxes and Fees 43 3.3 COMPENSATION ADJUSTMENTS 43 3.4 Changes in[Disposal] or Compostables Processing Sites and Compostables Processing Fees 44 44 3.5 CHANGE IN LAW 4.FAILURE TO PERFORM,REMEDIES,TERMINATION 45 4.1 PERFORMANCE FEES 45 4.2 CONTRACT DEFAULT 47 5.NOTICES 49 6.GENERAL TERMS 49 6.1 COLLECTION RIGHT 49 6.2 ACCESS TO RECORDS 50 6.3 CONTRACTOR TO MAKE EXAMINATIONS 50 6.4 AVAILABILITY OF EQUIPMENT,VEHICLES AND FACILITIES 50 6.5 INSURANCE 51 6.5.1 Minimum Scope of Insurance 51,5-2- 6.5.2 1s6.5.2 Minimum Amounts of Insurance 52 'void 6.5.3 Deductibles and Self-Insured Retentions 53 6.5.4 Other Insurance Provisions 53 6.5.5 Acceptability of Insurers 53 6.5.6 Verification of Coverage 53 6.5.7 Subcontractors 53 6.5.8 ACORD Form 53 6.6 PERFORMANCE BOND 54 6.7 INDEMNIFICATION 54 6.8 CONFIDENTIALITY OF INFORMATION 55 6.9 ASSIGNMENT OF CONTRACT 55 6.9.1 Assignment or Pledge of Moneys by the Contractor 55 6.9.2 Assignment, Subcontracting,Delegation of Duties 55 6.10 LAWS TO GOVERN/VENUE 56 6.11 COMPLIANCE WITH LAW 56 6.12 NON-DISCRIMINATION 56 6.13 PERMITS AND LICENSES 57 6.14 RELATIONSHIP OF PARTIES 57 6.15 BANKRUPTCY 57 6.16 RIGHT TO RENEGOTIATE/AMENDMENT 57 6.17 FORCE MAJEURE 58 6.18 ILLEGAL PROVISIONS 58 6.19 WAIVER 58 City of Renton iii Final-September,2008 Solid Waste Collection Contract Comprehensive Garbage, Recyclables and Compostables Collection Contract Niaw Table of Contents (continued) 6.20 ENTIRETY 58 6.21 SEVERABILITY 58 Attachment A: City Service Area Attachment B: Contractor Rates Attachment C: Rate Modification Example Now %r.• City of Renton iv Final-September,2008 Solid Waste Collection Contract This solid waste collection contract is entered into by and between the City of Renton, a municipal corporation of the State of Washington ("City"), and ("Contractor") to provide for collection of Garbage, Compostables, and Recyclables from Single-family Residences, Multifamily Complexes and Commercial Customers located within the City Service Area. (Each capitalized term is hereinafter defined.) The parties, in consideration of the promises, representations and warranties contained herein, agree as follows: RECITALS WHEREAS, the Contractor represents that it has the experience, resources and expertise necessary to perform the contract services; and WHEREAS, the City desires to enter into this contract with the Contractor for the solid waste collection services; NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein contained, the City and Contractor do hereby agree as follows: DEFINITIONS City: The word "City" means the City of Renton, King County, Washington. As used in the Contract, it includes the official of the City holding the office of Public Works Director, or their designated representative. City Service Area: The term "City Service Area" means the portion of the City subject to this Contract for services,provided as Attachment A to this Contract. Commercial Customer: The term "Commercial Customer" means non-residential customers including businesses, institutions, governmental agencies and all other users of commercial-type Garbage collection services. Compostables: The word "Compostables" means any organic waste materials that are Source separated for processing or composting, such as Yard Debris and Foodscraps generated by any Residential or Commercial customers. Compostable Bags: The term "Compostable Bag" means a fully biodegradable bag approved by the composting facility used by the Contractor for handling any Compostables collected in the City. Compostable Bags may include,but not be limited to, fiber- and starch-based bags. Compostables Cart: The term "Compostables Cart" means a City-owned or Contractor- provided 32/35-, 64- or 96-gallon wheeled cart provided to all Single-family Residences and to subscribing Multifamily Complexes and Commercial Customers for the purpose of containing and collecting Compostables. City of Renton 1 Final September,2008 Solid Waste Collection Contract Contractor: The word "Contractor" means Waste Management of Washington, Inc., which has contracted with the City to collect and dispose of Garbage and to collect, process, market and Now' transport Recyclables and Compostables. Curb or Curbside: The words "Curb" or "Curbside" mean on the homeowners'property, within five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways or on- street parking. If extraordinary circumstances preclude such a location, Curbside shall be considered a placement suitable to the resident, convenient to the Contractor's equipment, and mutually agreed to by the City and Contractor. Detachable Container: The term "Detachable Container" means a watertight metal or plastic container equipped with a tight-fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one (1) cubic yard or greater than eight (8) cubic yards in capacity. Drop-box Container: The term "Drop-box Container" means an all-metal container with ten (10) cubic yards or more capacity that is loaded onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and transported back to the customer's site. Foodscraps: The word "Foodscraps" means all compostable pre- and post-consumer food scraps, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds and egg shells, and food-soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, paper milk cartons or other paper products accepted by the Contractor's selected composting site. Foodscraps shall not include large dead 'tow animals, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials prohibited by the selected composting facility. Franchise Fee: The term "Franchise Fee" means a monthly fee remitted to the City from the Contractor. Garbage: The word "Garbage" means all putrescible and nonputrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, and discarded commodities that are placed by customers of the Contractor in appropriate bins, bags, cans or other receptacles for collection and disposal by the Contractor. The term Garbage shall not include Hazardous Wastes, Special Wastes, Source-separated Recyclables or Compostables. Garbage Can: The term "Garbage Can" means a City-approved container that is a water-tight galvanized sheet-metal or plastic container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity; weighing not over fifteen (15) pounds when empty or sixty(60) pounds when full; fitted with two (2) sturdy looped handles, one on each side; and fitted with a tight cover equipped with a handle. All containers shall be rodent and insect proof and kept in sanitary conditions at all times. Garbage Cans may only be used by customers for "extra" set outs and shall not be used as a customer's primary collection container. Garbage Cart: The term "Garbage Cart" means a Contractor-provided 20-, 35-, 45-, 64- or 96- *or gallon wheeled cart suitable for household collection, storage and Curbside placement of City of Renton 2 Final September,2008 Solid Waste Collection Contract Garbage. Garbage Carts shall be rodent and insect proof and kept in sanitary condition at all times. s4.1000 Hazardous Waste: The term "Hazardous Waste"means any substance that is: A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA. B. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. C. Any substance that after the effective date of this Contract comes within the scope of this definition as determined by the City. Likewise, any substance that after the effective date of this Contract ceases to fall within this definition as determined by the City shall not be deemed to be Hazardous Waste. King County Disposal System: The term "King County Disposal System" means the areas owned, leased or controlled by the King County Solid Waste Division, King County, Washington for the disposal of Garbage, or such other site as may be authorized by the current King County Comprehensive Solid Waste Management Plan. Mixed Paper: The term "Mixed Paper" means magazines, junk mail, phone books, bond or ledger grade paper, cardboard, paperboard packaging and other fiber-based materials meeting industry standards. Tissue paper, paper towels, food-contaminated paper or paper packaging combined with plastic wax or foil are excluded from the definition of Mixed Paper. Multifamily Complex: The term "Multifamily Complex" means a multiple-unit Residence with three(3) or more units. Private Road: The term "Private Road" means a privately owned and maintained way that allows for access by a service truck and that serves multiple Residences. Public Street: The term "Public Street" means a public right-of-way used for public travel, including public alleys. City of Renton 3 Final September,2008 Solid Waste Collection Contract Recyclables: The word "Recyclables" means aluminum cans; corrugated cardboard; glass containers; Mixed Paper; newspaper; plastic containers that have contained non-hazardous Now"' pol products; poly coated; coated cartons; Scrap Metals; tin cans; and such other materials that the City determines to be recyclable. Recycling Bins: The term "Recycling Bin" means Contractor- or City provided bins suitable for household collection, storage and Curbside placement of Source-separated Recyclables. Recycling Cart: The term "Recycling Cart" means a Contractor-provided 32/35-, 64- or 96- gallon wheeled cart suitable for the collection, storage and Curbside placement of Source- separated Recyclables. Recycling Container: The term "Recycling Container" means a Contractor-provided Recycling Bin, Cart or Detachable Container suitable for on-site collection, storage and placement of Source-separated Recyclables at Multifamily Complexes and Commercial Customer locations. Residence/Residential: The words "Residence" and "Residential" mean a Single-family and/or Multifamily living space individually rented, leased or owned. Scrap Metals: The term "Scrap Metals" means ferrous and non-ferrous metals, including small appliances, not to exceed two (2) feet in any direction and thirty-five (35) pounds in weight per piece. Single-family Residence: The term "Single-family Residence" means all one-unit houses, Nitur- duplexes, and mobile homes that are billed individually and located on a Public Street or Private Road. Source-separated: The term "Source-separated" means certain reclaimable materials that are separated from Garbage by the generator for recycling or reuse, including, but not limited to Recyclables, Compostables and other materials. Special Waste: The term "Special Waste" means polychlorinated biphenyl ("PCB") wastes, industrial process wastes, asbestos containing materials, petroleum contaminated soils, treated/de-characterized wastes, incinerator ash, medical wastes, demolition debris and other materials requiring special handling in accordance with applicable federal, state, county or local laws or regulations. Surety: The term "Surety" means the surety on the performance bond required pursuant to Section 6.6. Transition and Implementation Period. The term "Transition and Implementation Period" means the period starting December 1, 2008 and extending through March 31, 2009. WUTC: The term "WUTC"means the Washington Utilities and Transportation Commission. Yard Debris: The term "Yard Debris" means leaves, grass and clippings of woody, as well as 41140e fleshy plants. Unflocked whole holiday trees are acceptable. Materials larger than four (4) inches City of Renton 4 Final September,2008 Solid Waste Collection Contract in diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two (2) feet by two (2) feet by four (4) feet in dimension shall be allowed and shall be secured by degradable swial string or twine, not nylon or other synthetic materials. Kraft paper bags and untied reusable bags may be used to contain Yard Debris. AGREEMENT This agreement (hereafter, "Contract") is made and entered into this day of , 2008, by and between the City of Renton, a municipal corporation (hereafter, "City"), and Waste Management of Washington, Inc., a Washington corporation (hereafter, "Contractor"). 1.TERM OF CONTRACT The term of this Contract is seven (7) years and Five (5) months, starting January 1, 2009 and expiring May 31, 2016. The City may, at its sole option, extend the Contract for up to two (2) extensions, each of which shall not exceed two (2) years in duration. Any such extension shall be under the terms and conditions of this Contract, as amended by the City and Contractor from time to time. To exercise its option to extend this Contract, notice shall be given by the City to the Contractor no less than ninety (90) days prior to the expiration of the Contract term or the expiration of a previous extension. .tard 2. SCOPE OF WORK 2.1 General Collection System Requirements 2.1.1 City Service Area The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Area. 2.1.2 Annexation If, during the term of the Contract, additional territory is added to the City through annexation or other means within which the Contractor has an existing WUTC certificate or other franchise for solid waste collection at the time of annexation, the Contractor shall make collection in such annexed area in accordance with the provisions of this Contract at the unit prices set forth in this Contract. The City acknowledges that equipment, such as trucks, carts and containers, may take time to procure, and therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas due to procurement delays that are not within the control of the Contractor. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that their certificate applicable to those annexation areas shall be cancelled effective the date of City of Renton 5 Final September,2008 Solid Waste Collection Contract annexation by the City. The Contractor expressly waives and releases its right to claim any damages or compensation from the City, its officers, agents, or assigns arising out of the cancellation of any pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of collection in the newly annexed territory. The term during which the Contractor will service any future annexation areas shall be seven (7) years, notwithstanding the term set forth in Section 1 of this Agreement. If, during the life of the Contract, additional territory is added to the City through annexation within which the Contractor does not have an existing WUTC certificate or other franchise for Garbage or other collections, then, upon notice from the City, Contractor agrees to make collections in such annexed areas in accordance with the provisions of this Contract at the unit price set forth in this Contract. The City acknowledges that equipment, such as trucks, carts and containers, may take time to procure for distribution, and therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas covered by this paragraph due to procurement delays that are not within the control of the Contractor. If a party other than the Contractor holds the WUTC certificate for any such additional territory added to this Contract by annexation, the City will indemnify, hold harmless and defend the Contractor from any and all claims, actions, suits, liability, loss, costs, expenses and damages, including costs and attorney fees, arising out of Contractor's service in annexed territory under this Contract. Annexed areas customers shall receive the same containers as used elsewhere in the City, in accordance with the provisions of this Contract. In the event where an annexed area is being Nika' serviced with containers different from the City's program, the Contractor shall be responsible for timely customer notification, removal and recycling of existing containers and delivery of appropriate containers to those customers. 2.1.3 Unimproved Public Streets and Private Roads Residences located in an area that does not allow safe access, turn-around or clearance for service vehicles will be provided service if materials are set out adjacent to a Public Street or Private Road. In the event that the Contractor believes that a Private Road can not be safely negotiated or that providing walk-in service for Single-family Residence customers is impractical due to distance or unsafe conditions, the Contractor may request the City to evaluate on-site conditions and make a determination of the best approach for providing safe and appropriate service to the customer. The City's decision shall be final, provided that the Contractor shall not be required to endanger workers, equipment or property. If the Contractor believes that there is a probability of Private Road damage, the Contractor shall inform the respective customers and may require a damage waiver agreement (previously approved by the City) or decline to provide service on those Private Roads. 2.1.4 Hours/Days of Operation City of Renton 6 Solid Waste Collection Contract Final September,2008 All collections in Single-family Residence, Multifamily Complex and mixed-use areas with both Residential and Commercial customers shall be made between t ntthe hours of s:00 a .n a.m. and hours: or days. p.m. on the consistent weekday, unless the City authorizes temporary days. Same-day make-up collections for customers notii the Saturday collectionContract is allowed of a issted collection by 4:00 p.m. may be performed until 8:00 p.m. extent consistent with make-up collections, and holiday and inclement weather schedules. All collection from Commercial Customers shall be made between the hours of 4:00 a.m. and 5:00 p.m., with the exception of customers near areas zoned residential, which shall be made between the hours of 7:00 a.m. and 5:00 p.m. Exemptions may be granted in writing by the City to accommodate the special needs of customers. City code noise restrictions, as amended from time to time, may further limit these terms. 2.1.5 Employee Conduct The Contractor's employees collecting Garbage, Recyclables and Compostables shall at all times be courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work without delay, minimize noise, and avd damage pedestrian walkwic or private ays and paths,pet ming to erty. If on private property, employees shall follow the regular the street after replacing empty containers. Employees shall not trespass or loiter, cross flower beds, hedges or property of adjoining premises, or meddle with property that does not concern them or their task at hand. While performing work under the Contract, employees shall wear a professional and presentable uniform with an identifying badge with photo and company emblem visible to the average observer. If any person employed by the Contractor to perform collection services is, in the opinion of the City, incompetent, disorderly or otherwise unsatisfactory, the City shall promptly document the incompetent, disorderly or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a demand that such conduct be corrected. The Contractor shall investigate any written complaint from the City regarding any unsatisfactory performance by any of its workers. If the offending conduct is repeated, the City may require that the person be removed from all performance of additional work under this Contract. Removal shall be addressed by the Contractor immediately. 2.1.6 Disabled Persons Service The Contractor shall offer carry-out service for Garbage, Recyclables and Compostables to households lacking the ability to place containers at the Curb, at no additional charge. The Contractor shall use qualification criteria that are fair, consistent with City utility policies and meet the needs of the City's disabled residents. These criteria shall comply with all local, state and federal regulations, and shall be subject to City review and approval prior to program implementation. 2.1.7 Holiday Schedules The Contractor shall observe the same holiday schedule as do King County Transfer Stations (New Years Day,Thanksgiving Day, and Christmas Day). 7 Final September,2008 City of Renton Solid Waste Collection Contract Noble` When the day of regular collection is a King County Transfer Station holiday, the Contractor may reschedule the remainder of the week of regular collection to the next succeeding workday, which shall include Saturdays. The Contractor may not collect Residential Garbage, Recyclables or Compostables earlier than the regular collection day due to a holiday. Commercial collections may be made one day early only with the consent of the Commercial Customer. 2.1.8 Inclement Weather When weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents or property, the Contractor shall collect only in areas that do not pose a danger. The Contractor shall notify the City, by 9:00 a.m. on the same business day, of the areas not to be served. If collection for a weekly Single-family Residential collection stream is interrupted by inclement weather, then the Contractor shall collect that material on the regular collection day the following week. If collection for a every-other-week Single Family Residential collection stream is interrupted by inclement weather, then the Contractor shall collect that material on the Saturday immediately following the interrupted collection day. Interrupted collection for Multifamily, Commercial and Drop-box customers shall be made as soon as the Contractor is able to do so without danger to life or property. Following notification to the City, the Contractor will be provided temporary authorization to perform collection services after 6:00 pm and/or on Saturdays following disruptions due to weather in order to finish collection routes. Weather policies shall be included in program information provided to customers. On each inclement weather day, the Contractor shall release notices to the local newspapers and radio stations (including the King County Journal, Seattle Times and Seattle Post-Intelligencer newspapers and KING AM, KIRO, KOMO and KUOW radio stations) notifying residents of the modification to the collection schedule. The City may specify additional media outlets for Contractor announcements at its discretion or request the Contractor to make outcalls to customers using a City-provided list of customer telephone numbers. 2.1.9 Suspending Collection from Problem Customers The City and Contractor acknowledge that, from time to time, some customers may cause disruptions or conflicts that make continued service to that customer unreasonable. Those disruptions or conflicts may include, but not be limited to, repeated damage to contractor-owned containers, repeated suspect claims of timely set-out followed by demands for return collection at no charge, repeated claims of Contractor damage to a customer's property, or other such problems. The Contractor shall make every reasonable effort to provide service to those problem customers. However, the Contractor may deny or discontinue service to a problem customer if reasonable efforts to accommodate the customer and to provide services fail. In this case, the Contractor shall provide advance written notification to the City of its intention to discontinue service. The City may, at its discretion, intervene in the dispute. In this event, the decision of the City shall be City of Renton 8 Final September,2008 Solid Waste Collection Contract final. The City may also require the denial or discontinuance of service to any customer who is abusing the service or is determined to be ineligible. 2.1.10 Missed Collections If Garbage, Recyclables or Compostables are set out inappropriately, improperly prepared or contaminated with unacceptable materials, the Contractor shall place in a prominent location a notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for collection. Failure to provide proper notification to customers of the reason for rejecting materials for collection shall be considered a missed collection and/or subject to performance fees due to lack of proper customer notification. The failure of the Contractor to collect Garbage, Recyclables or Compostables that has been set out by a customer in the proper manner shall be considered a missed pick-up, and the Contractor shall collect the materials from the customer on the same day if notified by 4:00 p.m. Monday through Friday, otherwise the collection shall occur on the next business day. The Contractor shall maintain a written record of all calls related to missed pick-ups and the response provided by the Contractor (see Section 2.3.4). Such records shall be made available for inspection upon request by the City and shall be included in monthly reports. In the event that the Contractor fails to collect the missed pick-up within twenty-four (24) hours of receipt of notice (or on Monday in the event of notification after 4:00 p.m. on Friday), the Contractor shall collect the materials that day and shall be subject to performance fees. If the Contractor is requested by the customer to make adue additional fee foh this Contractor, the Contractor shall be permitted to charge thecustomer a provided the Contractor notifies the customer of this charge in advance. 2.1.11 Same Day Collection Garbage, Recyclables and Compostables collection shall occur on the same regularly scheduled day of the week for Single-family Residence customers. The collection of Garbage, Recyclables and Compostables from Multifamily Complexes and Commercial Customers need not be scheduled on the same day. 2.1.12 Requirement to Recycle and Compost The Contractor shall recycle or compost all loads of Source-separated Recyclables and Compostables collected, unless express prior written permission is provided by the City. The disposal of contaminants separated during processing is acceptable to the extent that it is unavoidable and consistent with industry standards. The Contractor's residuals from the overall processing operations at the facility for Source-separated Recyclables (including both City and non-City material) shall not exceed 5%. Recyclables in residual stream shall not exceed 2% of the inbound Recyclables. If more than 2% of inbound materials are found to be contaminants, the Contractor will develop a plan to determine which customers are adding contaminants in their Recyclables and provide a public education program to remedy the situation. 9 Final September,2008 City of Renton Solid Waste Collection Contract The Contractor shall process Recyclables in such a manner as to minimize out-throws and prohibitives in baled material. Out-throws shall be less than 8%, prohibitives less than 1%-2% by weight of outgoing materials. The Contractor shall remove 90% or more of the inbound contaminants for disposal. City staff or Consultants retained by the City shall be provided access to the Contractor's processing facilities at any time for the purposes of periodically monitoring the facilities' performance under this Section, subject to compliance with Contractor's safety policies. Monitoring may include, but not limited to, breaking selected bales and measuring the out-throws and prohibitives by weight, taking samples of processed glass and metals, reviewing actual markets and use of processed materials, and other activities to ensure the Contractor's performance under this Section and to ensure that misdirected recyclables and contamination are minimized. Obvious contaminants included with either Source-separated Recyclables or Compostables shall not be collected, and shall be left in the customer's container with a prominently displayed notification tag(per Section 2.1.10) explaining the reason for rejection. 2.1.13 Routing, Notification and Approval The Contractor shall indicate, on a map acceptable to the City, the day of the week Garbage, Recyclables and Compostables shall be collected from each Single-family Residence and Multifamily Complex area. Five copies of each map shall be provided to the City at the start of the Contract as well as anytime a change is proposed. The Contractor may change the day of collection by giving notice at least thirty(30) days prior to the effective date of the proposed change to and obtaining written approval from the City. On the City's approval, the Contractor shall provide affected customers with at least fourteen (14) days written notice of pending changes of collection day. The Contractor shall obtain the prior written approval from the City of the notice to be given to the customer. 2.1.14 Equipment Age/Condition From the period January 1, 2009 through December 31, 2009, all collection vehicles regularly used by the Contractor during the term of this Contract shall be less than ten (10) years old and shall have been used for fewer than two hundred thousand (200,000) miles. Should any such vehicles exceed these limits and yet, in the Contractor's opinion, still be in safe working order, the Contractor must receive prior written approval from the City to continue operating the subject vehicle. From the period January 1, 2010 through the end of this Contract (including extensions, if any), all collection vehicles regularly used by the Contractor shall be compressed natural gas-fueled collection vehicles (CNG) or diesel vehicles meeting 2010 model year emissions requirements. Back-up vehicles used less than thirty(30) days per year shall not be subject to the age, mileage, and other requirements that apply to regularly-used vehicles, but shall be presentable, in safe ' working order and shall be subject to all other conditions of this section. City of Renton 10 Final September,2008 Solid Waste Collection Contract Nod Vehicles used in the performance of this Contract shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least once each week. Vehicles shall be repainted as needed or at the request of the City. All collection equipment shall have appropriate safety markings, including all highway lighting, flashing and warning lights and signals, clearance lights, and warning flags, all in accordance with current statutes, rules and regulations. Equipment shall be maintained in good condition at all times. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition satisfactory to the City. The Contractor shall maintain collection vehicles to ensure that no liquid wastes (such as Garbage or Compostables leachate) or oils (lubricating, hydraulic or fuel) are discharged to customer premises or City streets. Spills and failure to repair vehicle leaks shall be subject to performance fees. Any equipment not meeting these standards shall not be used within the City until repairs are made. All collection vehicles shall be labeled with signs on both the rear and driver's side door which clearly indicate the vehicle inventory number and a customer complaint telephone number and both shall be labeled accordingly. The vehicle inventory number shall be displayed adjacent to the customer complaint telephone number. Signs shall use lettering not less than four (4) inches high and shall be clearly visible from a minimum distance of twenty (20) feet. Signs, sign locations and the complaint telephone number shall be subject to approval by the City. No advertising shall be allowed on Contractor vehicles other than the Contractor's name, logo and customer service telephone number and website address. Special promotional messages may be permitted, upon the City's prior written approval. All Contractor route, service and supervisory vehicles shall be equipped with properly licensed two-way communication equipment. The Contractor shall maintain a base station or have equipment capable of reaching all collection areas. Contractor shall maintain maintenance records for all vehicles and equipment used in the performance of this Contract. Maintenance records shall be kept for the duration of the Contract and shall, at a minimum, include a historical log of vehicle and equipment problems, repairs, painting and maintenance activities, and for each vehicle, shall indicate the vehicle's identification number, make, model, age and mileage. Maintenance records shall be made available for review by the City upon request. 2.1.15 Container Requirements and Ownership 2.1.15.1 Garbage Cans Both Residential and Commercial Customers may elect to use customer-owned Garbage Cans, but only for excess Garbage and not as their primary container for Garbage collection service. In all cases, Contractor-provided Carts will serve as the primary Garbage container. Plastic bags may also be used for overflow volumes of Garbage,but not as a customer's primary container. City of Renton 11 Final September,2008 Solid Waste Collection Contract If a customer uses their own Garbage Can, Contractor crews shall be expected to handle the Allow containers in such a way as to minimize undue damage. The Contractor shall be responsible for unnecessary or unreasonable damage to customer-owned containers caused by the Contractor. 2.1.15.2 Garbage, Recyclables and Compostables Carts Contractor-provided Carts shall serve as the primary collection container for all customers' Garbage, Recyclables, and Compostables service under this Contract. The Contractor shall provide 20-, 35-, 45-, 64- and 96-gallon Garbage Carts for the respective level of Garbage collection on request; 35-, 64- or 96-gallon Recyclables Carts; and 35-, 64- and 96-gallon Compostables Carts. All carts shall be manufactured from a minimum of 10 percent (10%) and up to 25 percent (25%) post-consumer recycled plastic, with a lid that will accommodate a Contractor affixed screening or label. Carts shall be provided to requesting customers within seven (7) days of the customer's initial request. All wheeled cart manufacturers, styles and colors shall be approved in writing by the City prior to the Contractor ordering a cart inventory. All carts must have materials preparation instructions and telephone and website contact information printed on a weather-resistant sticker on the lid. The initial distribution of Recycling Carts shall not be screened, molded-in, molded-on, imprinted, or otherwise labeled, with the Contractor's logo or company name. All Contractor-owned wheeled carts shall: be maintained by the Contractor in good condition for material storage and handling; contain no jagged edges or holes; contain wheels or rollers for movement; and be equipped with an anti-skid device or sufficient surface area on the bottom of the container to prevent unwanted movement. The carts shall contain instructions for proper use, "— including any customer actions that would void manufacturer warranties (such as placement of hot ashes in the container causing the container to melt), and procedures to follow in order to minimize potential fire problems. Collection crews shall note damaged hinges, holes, poorly functioning wheels and other similar repair needs on Contractor-owned carts (including those for Garbage, Recycling and Compostables) and forward repair notices to the Contractor's service personnel. Cart repairs shall then be made within seven (7) days at the Contractor's expense. Any wheeled cart that is damaged or missing on account of accident, act of nature or the elements, fire, or theft or vandalism by other members of the public shall be replaced no later than seven (7) business days after notice from the customer or City. Replacement carts may be used and reconditioned, but shall be clean and appear presentable. Unusable carts shall be cleaned (if necessary) and recycled to the extent possible. In the event that a particular customer repeatedly damages a cart or requests more than one replacement cart during the term of the Contract due to negligence or intentional misuse, the Contractor shall forward in writing the customer's name and address to the City. The City shall then attempt to resolve the problem. In the event that the problem continues, the Contractor may discontinue service to that customer, on the City's prior approval. 2.1.15.3 Detachable and Drop-box Containers City of Renton 12 Solid Waste Collection Contract Final September,2008 The Contractor shall furnish and install 1-, 1.5-, 2-, 3-, 4-, 6- and 8-cubic yard Detachable Containers, and 10-, 20-, 25-, 30- and 40-cubic ya ducolle p acted n of Drop -b box GC ntaineablesrs to any customer who requires their use for storage r Compostables within three (3) days of the request. Containers shall be located on the premises in a manner satisfactory to the customer and for collection by the Contractor. Detachable Containers shall be: watertight and equipped with tight-fitting metal or plastic covers; have four (4) wheels for containers 2-cubic yards and under; be in good condition for Garbage, Recyclables or Compostables storage and handling; and, have no leaks, jagged edges or holes. Drop-box Containers shall be all-metal, and if requested by a customer, equipped with a tight- fitting screened or solid cover operated by a winch in good repair. Each type of container (i.e. Recyclables, Compostables or Garbage) shall be painted a color consistent with the program it is used for, subject to the requirements of le repainted as needed,n 2.1.15.6, with color upones notbficationject to the fromlty's the prior written approval. Containers shall bep City. Detachable Containers shall be cleaned, reconditioned and repainted (if necessary) before being supplied to a customer who had not used it earlier. The Contractor shall provide an on-call container cleaning service to customers. The costs of on-call cleaning shall be billed directly to the customer in accordance with Attachment B. Containers on customers' premises are at the Contractor's risk and not the City's. The Contractor shall repair or replace within twenty-four (24) hours any container that was supplied by the Contractor and was in use if the City or a Health Department inspector determines that the container fails to comply with reasonable standards or constitutes a health or safety hazard. Customers may elect to own or secure containers from other sources, and shall not be subject to discrimination by the Contractor in collection services on that account. However, containers owned or secured by customers must be capable of being serviced by front load or Drop-box Container collection vehicles to be eligible for collection. The Contractor is not required to service customer containers that are not compatible with the Contractor's equipment. In the event that a particular customer repeatedly damages a container due to negligence or intentional misuse, the Contractor shall forward in writing the customer's name and address to the City. The City shall then attempt to resolve the problem. In the event that the problem continues, the Contractor may discontinue service to that customer, on the City's prior approval. 2.1.15.4 Recycling Carts Following the initial distribution of Recycling Carts [Section 2.2.2.2], the Contractor shall provide Recycling Carts to new customers within the City Service Area, including new residences and annexation, areas as well as replacement Carts to existing customers who request them because of loss, theft or damage. Carts shall be provided within seven (7) days of a customer request. All distributed Recycling Carts, including those provided in the initial distribution, shall include information materials describing material preparation and collection requirements. Any City of Renton 13 Final September,2008 Solid Waste Collection Contract • materials published by the Contractor must be reviewed and approved by the City prior to Ninie printing and distribution by the Contractor. All Recycling Carts shall be labeled with materials preparation instructions and telephone and website contact information. All Recycling Carts shall be provided at the Contractor's sole expense. The Contractor shall provide 35- or 64-gallon Recycling Carts on request to those residents requiring less or additional capacity than provided by the default 96-gallon Recycling Cart. 2.1.15.5 Ownership On the termination of this Contract for any reason, all Contractor-supplied Garbage Carts, Recycling Carts and Compostables Carts purchased or obtained by the Contractor shall, at the option of the City, revert to City ownership without further compensation to the Contractor, except in the case of carts delivered in the last five years prior to termination of the contract. For carts delivered in the last five years of the contract, the City shall, at the City's option, either pay the Contractor the residual value of the in-place carts based on ten year straight-line depreciation of the original purchase price (including the original invoiced cost of the carts, delivery to the Contractor's facility and sales tax), or allow the Contractor to remove its Carts at its own expense on the last day of this Contract. If the City elects to purchase Carts in or Carts delivered within the last five years of the contract, the City shall pay the Contractor within thirty (30) days of the end of this Contract. Any remaining cart warranties shall be transferred to the City. Detachable Containers and Drop-box Containers shall be purchased, delivered and maintained by the Contractor during the term of this Contract. On the termination of this Contract for any Naar' reason, the City may, at its option, purchase or assign the right to purchase the Contractor's in- place inventory of Detachable Containers or Drop-box Containers for use by the successive contractor. In the event that the City elects to purchase the Contractor's containers, the sale price shall equal fifty percent (50%) of the average new price for each container, based on the average price from three (3) manufacturers at the time of the termination. The Container's warranties shall also be transferable to the City. For the purposes of this transaction, the average prices shall include transportation from the manufacturer to the Contractor's closest service yard, but shall exclude sales or use taxes. Any remaining container warranties shall be transferred to the City. 2.1.15.6 Container Colors and Labeling Contractor-provided Recycling Carts and Detachable Containers delivered during and after the Implementation Period shall be blue, Compostables Carts shall be grey, and Garbage Carts and Detachable Containers shall be green. Specific colors shall be approved by the City prior to the Contractor's order of new containers or initiation of any work under this Contract. The Contractor agrees to discontinue using green containers for commercial recycling services and deliver only blue containers for these services. The Contractor will not be required to replace any existing green containers with blue containers unless it is part of a service level change or new service to the customer. All Garbage Carts, Recycling Carts and Compostables Carts shall be labeled with instructional ,, information and contact information, including both a customer service phone number and a City of Renton 14 Final September,2008 Solid Waste Collection Contract rior to ordering the website address. All labels shall be halpbe ssub ect to t eCity City's prior app ovalby Labels shall be ntractor. Location of the label on the carts J 'I redone when faded, damaged, or upon City or customer request. 2.1.16 Spillage All loads collected by the Contractor shall be completely contained in collection vehicles at all times, except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared frequently to prevent the occurrence of unnecessary blowing or spillage. Any spillage of materials that occurs during collection shall be immediately cleaned up by the Contractor at its expense. Spillage not immediately cleaned up shall be cause for performance fees, as described in Section 4.1. All vehicles used in the performance of this Contract shall be required to carry and regularly maintain spill kits. At a minimum, spill kits shall include absorbent pads or granules, containment booms, storm drain covers, sweepers and other similar materials sufficient to contain, control and, for minor events, appropriately clean-up,blowing materials, litter, leaks and spillage of vehicle fluids and leachate. Spill kits shall also include employee spill containment instructions and procedures as well as a regularly updated list of emergency contacts. The Contractor shall develop spill response procedures for review and approval by the City before initiating any work under this Contract. All drivers shall be provided with annual training on the use of spill kits and associated containment and notification procedures. 2.1.17 Pilot Programs The City may wish to test and/or implement one or more new developments in waste stream segregation, materials processing or collection technology at some point during the term of the Contract. The City shall notify the Contractor in writing at least ninety (90) days in advance of its intention to implement a pilot program or of its intentions to utilize a new technology system on a City-wide basis. The costs (or savings) accrued by City-initiated pilot programs shall be negotiated prior to implementation. Contractor-initiated pilot programs shall require prior written notification and approval by the City. Contractor-initiated pilot programs shall be performed at no additional cost to the City or the Contractor's customers; however, savings accrued may be subject to negotiations prior to implementation at the City's request. 2.1.18 Disruption Due to Construction The City reserves the right to construct any improvement or to permit any such construction in any street or alley in such manner as the City may direct, which may have the effect for a time of preventing the Contractor from traveling the accustomed route or routes for collection. However, clables and the Contractor shall, by the most expedient manner, continue to collect Garbage, Recyclables Compostables to the same extent as though no interference existed upon the streets or alleys normally traversed. This shall be done at no extra expense to the City or the Contractor's customers. City of Renton 15 Final September,2008 Solid Waste Collection Contract 2.1.19 Contractor Planning Assistance Nviime The Contractor shall, upon request and without additional cost, make available site planning assistance to either the City and/or property owners. The site planning assistance shall be available for all new construction or remodeling of buildings and structures within the City Service Area, and shall address the design and planning of Garbage, Recyclables and Compostables removal areas and their location upon the site of the proposed construction or remodeling project. Contractor planning assistance for optimizing loading docks and other areas shall also be available for existing building managers when realigning Garbage, Recyclables and Compostables services. 2.1.20 Safeguarding Public and Private Facilities The Contractor shall be obligated to protect all public and private improvements, facilities and utilities whether located on public or private property, including street curbs. If such improvements, facilities, utilities or curbs are damaged solely by reason of the Contractor's operations, the Contractor shall notify the City immediately in writing of all damage, and the Contractor shall repair or replace the same. If the Contractor fails to do so promptly, as determined by the City, the City shall cause repairs or replacement to be made, and the cost of doing so shall be billed to the Contractor or deducted from amounts owed the Contractor under the Contract. The City shall not be liable for any damage to property or person caused by the Contractor, and the Contractor agrees to indemnify and hold the City harmless for any such damage. The Contractor's liability for damages under this Section shall not exceed the liror Contractor's percentage of the fault in causing or contributing to the damage. 2.1.21 Company Name The Contractor shall not use a firm name containing the words "Renton," "City," or any words implying municipal ownership. 2.1.22 Transition and Implementation of Contract The Contractor shall work with the City to explain the expanded commingled recycling collection system and new Garbage collection service placement requirements, container sizes and rates. The Contractor shall, at its expense, provide the following: 1. No later than December 15, 2008 the Contractor shall mail to all Residential and Commercial Customers a separate users guide, including information on container placement, available service levels and rates, Recyclables and Compostables preparation and collection requirements, restrictions on disposal, bulky waste recycling and disposal opportunities, and other pertinent information. The guide shall include a postage pre-paid reply card for customers who wish to change their Garbage container size. The Contractor shall pay for the design, production and distribution of this guide as well as a magnetized information card describing acceptable Residential Recyclable, Compostables and Garbage preparation and set-out requirements. Separate materials shall be produced for Single Family and Multifamily customers. Residential customers shall also be provided City of Renton 16 Final September,2008 Solid Waste Collection Contract Ark with either an insert or map indicating the day of collection. The Contractor shall pay for the design, production and distribution of a recycling brochure for Commercial customers describing the services provided under this Contract and an insert or map indicating the anticipated day of collection and any specific access or location requirements. 2. Starting December 1, 2008 and continuing through December 31, 2008, the Contractor shall deliver new Garbage Carts to all Single-family customers according to the following conversion formula: Previous Weekly Service Level New 20-gallonCtract EoWbage Service Level 10-gallon Mini Can rt 35-gallon Garbage Cart or 32-gallon 32/35-gallon Garbage Cart Garbage Can 64-gallon Garbage Cart or 2 32-gallon 64-gallon Garbage Cart Garbage Cans 96-gallon Garbage Cart or 3 32-gallon 96-gallon Garbage Cart Garbage Cans Higher service levels (multiple cans) To be individually negotiated with each customer. 3. Starting January 1, 2009 and continuing through January 16, 2009, the Contractor shall swap Glencoe and Tiffany Park pilot area customers' Garbage Carts to ensure that their Garbage Cart size correctly corresponds to their subscribed service level. 4. Starting December 1, 2008 and continuing through December 31, 2008, the Contractor shall deliver 96-gallon Recycling Carts to all Single-family customers. The Contractor shall collect and recycle all unwanted old recycling bins on a designated collection day in mid-January, 2009. 5. Starting December 1, 2008 and continuing through December 31, 2008, the Contractor shall deliver 96-gallon Yard Debris Carts to all Single-family customers in recently annexed areas within the City Service Area which were not included in the previous collection contract with the City. 6. Starting January 19, 2009 and continuing through February 13, 2009, the Contractor shall replace 96-gallon Recycling Carts rejected by customers and provide those customers with a smaller size as requested by the customer. 7. The Contractor shall affix new instructional decals to Multifamily and Commercial containers by February 13, 2009. 8. Additional staffing shall be provided for Contractor cart deliveries in order to ensure a minimum of customer inconvenience and disruption. The Contractor shall lead the design, development, production and/or distribution of all guides, decals and other information at its own expense. The City agrees to participate in the """'o 17 Final September,2008 City of Renton Solid Waste Collection Contract development and review of materials in a timely manner. The Contractor shall allow sufficient development lead-time to allow two weeks for City review and approval of the promotional materials and containers decals. No materials shall be distributed without City review and approval. 2.1.23 Coordination with City and Annual Performance Review The Contractor's supervisory staff shall be available to meet with the City at the City's offices on request to discuss operational and Contract issues. The City may, at its option, conduct an annual performance review of the Contractor's performance under this Contract. The results of the performance review shall be presented to the Contractor and a plan for addressing any deficiencies shall be provided to the City within two (2) weeks of the Contractor's receipt of the review. The Contractor shall plan for and correct in good faith any deficiencies found in its performance under this Contract. The Contractor's plan shall address all identified deficiencies and include a timeline for corrective actions. The Contractor's corrective plan shall be subject to review and approval by the City. Upon approval of the plan, Contractor shall proceed to correct deficiencies. Failure to correct material deficiencies as outlined in the plan and/or failure to initiate corrective actions within thirty(30) days shall constitute a failure to perform and the City, at its sole discretion, may provide the Contractor with six (6) months notice of contract termination. The City's determination of failure to perform shall not be unreasonable. The Contractor shall continually monitor and evaluate all operations to ensure compliance with Niew this Contract. At the request of the City, or at no less than quarterly intervals, the Contractor shall report its actual performance measures, how they compare with the City performance requirements, and provide a plan and timelines for remedial measures to correct any items failing to meet City requirements. The City may perform annual performance reviews to confirm various aspects of the Contractor's operations and compliance with this Contract. City staff or contracted consultants may provide the review at the City's direction. The Contractor shall fully cooperate and assist with all aspects of the performance review, including access to route and customer service data, safety records and other applicable information. 2.1.24 Disposal Requirements All Garbage collected under this Contract, as well as residues from processing Recyclables and Compostables, shall be delivered to the King County Disposal System, unless otherwise directed in writing by the City. 2.1.25 Emissions Reductions and Sustainability The Contractor shall cooperate with the City's efforts toward reducing the air pollution and other environmental impacts of solid waste collection. The Contractor shall use either compressed natural gas (CNG) route trucks and/or diesel route trucks with not less than twenty percent (20%) *we biodiesel ("B20") (on an annual average) in all of its operations within the City. If the per-gallon City of Renton 18 Final September,2008 Solid Waste Collection Contract price of B20 is more than 15% above the cost for straight diesel fuel, the Contractor shall notify the City and may reduce the percentage of biodiesel used in the fuel blend to maintain costs at the *4010 15% cost threshold. Alternatively, the City may elect to reimburse the Contractor for the portion of fuel cost above the 15% cost threshold to maintain the use of B20. The Contractor shall install particulate traps on all diesel collection vehicles prior to their use in the performance of this Contract. Traps shall be maintained in accordance with the manufacturer's instructions during the term of this Contract at the Contractor's expense. 2.2 Collection Services 2.2.1 Single-family Residence Garbage Collection 2.2.1.1 Subject Materials The Contractor shall collect all Garbage placed at Curbside for disposal by Single-family Residence customers in and adjacent to Contractor-owned wheeled carts or customer provided Garbage Cans. Garbage containing Yard Debris shall not be knowingly collected and instead prominently tagged with a notice informing the customer that disposal of Yard Debris in Garbage is not allowed within the City. The Contractor shall not be required to collect hazardous materials that are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave in a prominent location a notification tag that identifies the specific , problem(s) and reason(s) for rejecting the materials for collection and that provides the customer with a contact for further information about proper disposal options. Failure to provide proper notification to customers of the reason for rejecting materials for collection shall be considered a missed collection and/or subject to performance fees due to lack of proper customer notification. 2.2.1.2 Containers The customer's primary container must be a Garbage Cart. Plastic bags or Garbage Cans may only be used for excess waste, not as the customer's primary container. The Contractor may set weight limits on Garbage Cans and Carts as appropriate, provided that the weight limit is no less than the equivalent of 60 pounds per 32-gallon capacity (e.g. a 64-gallon cart would have a weight limit of 120 pounds). Garbage Carts shall be delivered by the Contractor to Single-family Residence customers within seven(7) days of the customer's initial request. 2.2.1.3 Specific Collection Requirements The Contractor shall offer regular every-other-week collection of the following service levels: 1. one 20-gallon Garbage Cart; 2. one 35-gallon Garbage Cart; 3. one 45-gallon Garbage Cart; City of Renton 19 Final September,2008 Solid Waste Collection Contract 4. one 64-gallon Garbage Cart; and Nome, 5. one 96-gallon Garbage Cart. The Contractor shall also provide a weekly "premium" Single —family Residential Garbage collection service. The service will not be actively publicized by the City, but will be available to residents who, for varying reasons, are unable or unwilling to have every-other-week Garbage collection service. The Contractor's compensation for the "premium" service shall vary, depending on the number of"premium" customers, as follows: Up to 2% of Single-family Customers: $17.34 Up to 4% of Single-family Customers: $15.31 Up to 6% of Single-family Customers: $13.52 Up to 8% of Single-family Customers: $11.94 Up to 10% of Single-family Customers: $10.54 Over 10% of Single-family Customers: according to the following formula: Compensation= $6.40 x (percentage of customers-.1)/.9)) The above "premium" rates shall be adjusted annually in accordance with Section 3.1 of this Contract. Upon written notice from the City on the first working day of 2009, 2010, 2011 and 2012, the Contractor shall switch from every-other-week to weekly Garbage collection for all Single-family Residential customers and the Contractor shall receive an additional $3.01 per Single-family Now, Residential customer per month, starting on July 1st of the same year. This additional amount shall be modified annually in accordance with Section 3.1 of this Contract. Roll-out charges shall be assessed only to those customers who choose to have the Contractor move a container to reach the collection vehicle at its nearest point of access. Extra charges may be assessed for materials loaded so as to lift a Cart lid in excess of six (6) inches from the normally closed position. Extras shall be charged in 15-gallon increments. The Contractor may charge for an overweight container at the "extra" rate, provided that the customer agrees to pay for special handling; otherwise, the container shall be left at the Curb with notification as to why it was not collected. The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all extra fees. Customers shall be allowed to specify that no "extras" be collected without prior customer notification, which shall be provided by the customer no less than twenty-four(24) hours prior to that customer's regular collection. Collections shall be made from Single-family Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor may tag inappropriately placed containers and may discontinue service in the event of persistent inappropriate container placement. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return containers, in an upright position, with lids closed and attached, to their set out location and not on streets, sidewalks, or public pathways. The City shall limit its Single-family Residential customers to one service level change per year %iv at no cost, and shall levy a fee on additional service change requests to discourage excessive City of Renton 20 Final September,2008 Solid Waste Collection Contract service level shifting by individual customers. The Contractor shall be paid the Garbage Cart delivery fee in Attachment B by the City for Garbage Cart deliveries to a single customer at a *601 single address in excess of one per year, excluding the initial Garbage Cart delivery during the Implementation Period. 2.2.2 Single-family Residence Recyclables Collection 2.2.2.1 Subject Materials The defined list of Recyclables shall be collected from all participating Single-family Residences as part of basic Garbage collection services, without extra charge. The Contractor shall collect all Recyclables from Single-family Residences that are prepared as follows and uncontaminated with food or other residues: Aluminum Cans: All aluminum cans that are placed in the Recycling Cart or separately boxed or bundled. Corrugated Cardboard: All corrugated cardboard that is smaller than three (3) feet by three (3) feet, flattened and placed in or next to the customer's Recycling Cart. Glass Containers: All colored or clear jars and bottles that are rinsed, have lids removed and are placed in the Recycling Cart, orNome separately boxed or bundled. Fluorescent and incandescent light bulbs, ceramics and window glass are excluded. Mixed Paper: All Mixed Paper that is placed loosely in the Recycling Cart or separately bagged or bundled. Newspaper: All newspaper and advertising supplements that are delivered with newspapers that are placed loosely in the Recycling Cart or separately bagged or bundled. Plastic Containers: All plastic bottles, jugs, containers and tubs that are flattened and placed in the Recycling Cart or separately boxed or bundled. Other plastics, automotive or other hazardous product containers, and lids are excluded. ic cartons and boxes that are Polycoated Cartons and Boxes: All plastic coated and flattened and placed in the tR cycling Cart or separately p bagged or bundled. Scrap Metal: All ferrous and non-ferrous Scrap Metal that is: placed in the Recycling Cart or separately boxed or bundled; free of wood, plastic, rubber and other contaminants; '' 1010 City of Renton 21 Final September,2008 Solid Waste Collection Contract and meets the size requirements defined for Scrap Nifty, Metals. Scrap metal shall include small appliances provided they meet the size requirements. Tin Cans: All food and beverage tin cans that are placed in the Recycling Cart or separately boxed or bundled. Additional materials may be added upon mutual agreement by the City and Contractor. 2.2.2.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Recycling Carts. The Contractor shall procure and distribute Recycling Carts to all Single-family Residence customers by December 31, 2008. The default Recycling Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 32/35- or 64-gallon Recycling Carts on request to those residents requiring either less or additional capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall be screened, molded-on, molded-in or labeled with recycling collection requirements in accordance with Section 2.1.15.6, and shall include a program packet of materials when distributed. The program packet of materials shall include items identified in Section 2.1.22. Prior to initial Recycling Cart distribution, the Contractor shall establish a reuse and recycling Nome program for old recycling bins. Customers shall be notified that they can continue to use their existing bins, directly reuse their old recycling bins as storage containers or have the Contractor collect the bins for recycling. The Contractor shall recycle all old recycling bins collected unless otherwise previously authorized in writing by the City. Recycling Carts shall be delivered by the Contractor to new customers or those customers requesting replacements, within seven (7) days of the customer's initial request. 2.2.2.3 Specific Collection Requirements Single-family Residence Recyclables collection shall occur every-other-week on each household's Garbage and Compostables collection day of the week. Single-family Residence Recyclables collection shall occur during the hours and days specified in Section 2.1.4. Collections shall be made from Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection service is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return containers with their lids closed and attached to their set out location in an orderly manner. Upon written notice from the City on the first working day of 2009, 2010, 2011 and 2012, the Contractor shall switch from every-other-week to weekly Recyclables collection for all Single- family Residential customers and the Contractor shall receive an additional $2.20 per Single- family Residential customer per month, starting on July 1St of that same year. This additional %iv amount shall be modified annually in accordance with Section 3.1 of this Contract. City of Renton 22 Solid Waste Collection Contract Final September,2008 The Contractor shall collect all properly prepared Single-family Residence Recyclables from Garbage customers. No limits shall be placed on set-out volumes, except in the case when extremely large quantities of commercially-generated materials are consistently set out at a Single-family Residence. In this case, the Contractor shall request the resident to use a larger Recycling Cart or use commercial recycling services for the excess volumes. If the resident continues to set out commercial quantities of Recyclables, the Contractor shall notify the City for further action. In the event that large quantities of residentially-generated cardboard (e.g. moving boxes) are set out for collection, the Contractor may collect the excess materials the following day in a separate truck, provided that clear written notification of the collection delay is provided to the customer. 2.2.3 Compostables Collection 2.2.3.1 Subject Materials Compostables shall be collected every-other-week from all participating Single-family Residences as part of basic Garbage collection services, without extra charge. There shall be no limit on the amount a customer may set out for collection, provided that the Contractor may petition the City to limit collection in the event that a customer consistently abuses the service by setting out commercial quantities of Compostables. Contaminated or oversized Compostables materials rejected by the Contractor at the Curb shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. 2.2.3.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Compostables Carts. Compostables Carts shall be label instructional shall be gallons,in ae ndth Section 64-gallon 2.1.15.6. The default Compostables Cart sizes available upon request. Extra Yard Debris material that does not fit in a Compostables Cart shall be bundled or placed in Kraft bags, customer-owned 32-gallon containers or untied reusable bags. Customers choosing to use their own containers for excess Yard Debris shall beard provided ovi ed durable stickers by the Contractor that clearly identify the container's Compostables Carts shall be delivered by the Contractor to new customers and customers that had previously rejected their cart within seven(7) days of the customer's initial request. 2.2.3.3 Specific Collection Requirements Compostables materials shall be collected weekly from all Single Family Residences on the same day of the week,but on the opposite alternating week from Garbage collection. City of Renton 23 Final September,2008 Solid Waste Collection Contract Upon written notice from the City on the first working day of 2009, 2010, 2011 and 2012, the Now, Contractor shall switch from every-other-week to weekly Compostables collection for all Single- family Residential customers and the Contractor shall receive an additional $2.67 per Single- family Residential customer per month, starting on Julyl st of that same year. This additional amount shall be modified annually in accordance with Section 3.1 of this Contract. The Contractor shall collect on Public Streets and Private Roads, in the same location as Garbage collection is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return containers in an upright position, with lids attached, to their set out location. 2.2.3.4 Foodscraps Collection The Contractor shall accept Foodscraps included and mixed with Yard Debris in Compostables Carts for Single Family Residential Customers. If the City elects to provide kitchen food waste containers, the Contractor shall provide for container distribution provided the distribution is performed at the same time of the distribution of Recycling Carts; otherwise, the City shall provide for the distribution of the kitchen food waste containers. The City shall work with the Contractor to coordinate Foodscraps container deliveries to allow simultaneous delivery with Recycling Carts to the extent practicable. The Contractor shall pay for and provide an instructional Foodscraps recycling brochure for each customer which shall be subject to prior review and approval by the City. The container distribution shall occur, at a minimum, one week before the scheduled start of the Foodscraps collection program. 2.2.4 Single Family Bulky Waste Collection 2.2.4.1 Subject Materials On-call Bulky Waste collection shall be offered, and shall be provided at the customer charges listed in Attachment B. Collected oversized items shall be recycled by the Contractor to the extent possible. The Contractor shall maintain a separate log listing service date, materials collected, customer charges, weights, and whether the item was recycled or disposed. This log shall be provided to the City on a monthly basis. 2.2.4.2 Specific Collection Requirements On-call collection services of bulky waste such as couches, mattresses, white goods and other oversized materials must occur during the hours and days specified in Section 2.1.4, with the exception that Saturday collection is permissible if it is more convenient for customers. The Contractor's crews shall make collections in an orderly and quiet manner. Materials shall be collected in a manner in order to ensure the recycling of all items for which recycling services are available. 2.2.5 Multifamily Complex and Commercial Customer Garbage Collection City of Renton 24 Final September,2008 Solid Waste Collection Contract 2.2.5.1 Subject Materials The Contractor shall collect all Garbage set out for disposal by Multifamily Complex and Commercial Customers in acceptable containers as designated in Section 2.2.5.2. Garbage containing Yard Debris shall not be knowingly collected and instead prominently tagged with a notice informing the customer that disposal of Yard Debris in Garbage is not allowed within the City. The Contractor shall not be required to collect hazardous materials that are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a notice prominently displayed with the rejected materials listing why they were not collected and provide the customer with a contact for further information on proper disposal. 2.2.5.2 Containers The Contractor shall provide containers meeting the standards described in Section 2.1.15. Multifamily Complex and Commercial Customers shall be offered a full range of containers and service options, including Garbage Cans, Garbage Carts, one (1) through eight (8) cubic yard compacted and non-compacted Detachable Containers, and compacted and non-compacted Drop- box Containers. Materials in excess of container capacity or the subscribed service level shall be collected and properly charged as "extras" at the rates listed in Attachment B. The Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all "extras." All "extras" shall be documented with a date and time stamped photograph. The Contractor may use either or both front-load or rear-load Detachable Containers to service Multifamily Complex and Commercial Customers. However, not all collection sites within the City Service Area may be appropriate for front-load collection due to limited maneuverability or overhead obstructions. The Contractor shall provide containers and collection services capable of servicing all customer sites, whether or not front-load collection is feasible. Contractor-owned containers shall be delivered by the Contractor to requesting Multifamily Complex and Commercial Customers within three(3) days of the customer's initial request. Customers may elect to own or secure containers from other sources, and shall not be subject to discrimination by the Contractor in collection services on that account. However, containers owned or secured by customers must be capable of being serviced by front load or Drop-box Container collection vehicles to be eligible for collection. The Contractor shall provide minimum compatible container specifications for customers who elect to own or secure containers from other sources. The Contractor shall provide labels and collection service for compatible customer-owned containers. The Contractor is not required to service customer containers that are not compatible with the Contractor's equipment. In the event of a dispute as to whether a particular container is compatible, the City shall make a final determination. City of Renton 25 Final September,2008 Solid Waste Collection Contract 2.2.5.3 Specific Collection Requirements Commercial Garbage collection shall be made available to Multifamily Complex and Commercial Customers daily, Monday through Friday, during the times specified in Section 2.1.4. Collection at Multifamily sites shall be limited to the same hours as Single-family Residence collection. Collections shall be made on a regular schedule on the same day and as close to a consistent time as possible to minimize customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and customer with the least slope and best truck access possible. Containers shall be replaced after emptying in the same location as found. Contractor may charge ancillary service fees as set forth in Attachment B. Roll-out charges shall be assessed in ten (10) foot increments only to those customers for whom the Contractor must move a container over twenty-five (25) feet to reach the collection vehicle at its nearest point of access. Extra charges may be assessed for materials loaded so as to lift the Garbage Can, Garbage Cart of Detachable Container lid in excess of six (6) inches from the normally closed position. Customers may request extra collections and shall pay a proportional amount of their regular monthly rate for that service. 2.2.6 Multifamily Complex Recyclables Collection ewe 2.2.6.1 Subject Materials The Contractor shall collect all Recyclables from Multifamily Complexes that are prepared in a manner similar to that described for Single-family Residence Recyclables in Section 2.2.2.1. 2.2.6.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Recycling Carts. The default Recycling Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 32/35- or 64-gallon Recycling Carts on request to those complexes requiring either less or additional capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall be labeled with recycling collection requirements in accordance with Section 2.1.15.6 when distributed. Participant informational packets shall be delivered to the Multifamily Complex manager as described in Section 2.1.22. At larger Multifamily Complexes, the Contractor may use Detachable Containers for recycling collection provided that they are clearly distinguished from containers used for Garbage or Compostables collection and are equipped with City-approved, prominent identifying and instructional labels. City of Renton 26 Final September,2008 Solid Waste Collection Contract Recycling Carts and containers shall be delivered by the Contractor to requesting customers within three (3) days of the customer's initial request. Multifamily Complex Recycling Carts shall be relabeled periodically in accordance with Section 2.1.15.6. 2.2.6.3 Specific Collection Requirements Multifamily Complex recycling collection shall occur at least weekly or more frequently, as needed, during the hours and days specified in Section 2.1.4 for Multifamily Complex collection. Collections shall be made on a regular schedule on the same day(s) of the week to minimize customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and customer with the least slope and best truck access possible. Containers shall be replaced after emptying in the same location as found. When space constraints limit the provision of containers appropriately-sized for weekly collection, the Contractor shall provide more frequent collection, as necessary, of smaller containers to provide adequate capacity for the Multifamily Complex site. 2.2.7 Commercial Recycling Collection 2.2.7.1 Subject Materials The defined list of Recyclables, shall be collected from all participating Commercial Customers as part of basic Garbage collection services, without extra charge, except as otherwise provided herein. The Contractor shall collect all Commercial Recyclables from Commercial Customers that are prepared in a manner similar to that described for Single Family Residential Recyclables in Section 2.2.2.1. 2.2.7.2 Containers Contractor-supplied Recycling Containers shall be used for collecting Commercial Recyclables. Recycling Carts shall be distinguished from Compostables or Garbage collection and shall include prominent identifying labels that provide directions for the preparation of the materials to be placed in the cart. At larger businesses, the Contractor may use Detachable Containers or Drop-box Containers for Recyclables collection provided that they are distinguished from containers used for Garbage collection and are equipped with prominent identifying labels. Contractor-owned containers shall be delivered by the Contractor to requesting customers within three (3) days of the customer's initial request. 2.2.7.3 Specific Collection Requirements Commercial Recyclables collection shall be offered weekly during the hours and days specified in Section 2.1.4. Collections shall be made on a regular schedule on a consistent day and as close ' City of Renton 27 Final September,2008 Solid Waste Collection Contract to a consistent time as possible to minimize customer confusion. The Contractor shall collect in r alleys where practical, and on streets where no alleys are present. Containers shall be replaced in the same location after emptying. When providing commercial recycling to a particular customer, the Contractor shall not be required to provide recycling container capacity greater than 200 percent of that customer's garbage collection container size. For example, a customer with a two cubic yard Garbage container would be provided up to four cubic yards of recycling container capacity. Any additional recycling may be fee-based as negotiated between that customer and the Contractor or any other service provider the customer chooses to use. The Contractor will supply 200% of the customer's current Garbage container capacity in recycling service at no additional charge to the customer or the City. However, the Contractor will have the ability to select the container size and frequency of collection in meeting this maximum service level. If the customer objects to the container size and frequency of collection, the Contractor shall report the objection to the City and the City will determine how the dispute is to be resolved. If the 200% limit on recycling services fails to meet the commercial customers recycling service needs, the customer may arrange for additional service with the Contractor or another provider. 2.2.8 Multifamily Complex and Commercial Customer Compostables Collection 2.2.8.1 Subject Materials Nifty The Contractor shall provide Compostables collection services to Multifamily Complex and Commercial Customers who request such services, in accordance with the service level selected by the customer and the services fees set forth in Attachment B. Contaminated or oversized Compostables materials rejected by the Contractor shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. 2.2.8.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Compostables Carts and Detachable Containers. Extra Yard Debris material that does not fit in a Compostables Cart or Detachable Container shall be bundled or placed in Kraft bags, customer-owned 32-gallon containers or untied reusable bags. Compostables Carts shall be delivered by the Contractor to new Multifamily Complexes or Commercial Customers within three (3) days of the customer's initial request. 2.2.8.3 Specific Collection Requirements City of Renton 28 Final September,2008 Solid Waste Collection Contract Compostables shall be collected from Multifamily Complex and Commercial Customers weekly , 140 if Foodscraps are included or every-other-weekly if only Yard Debris is included in the customer's container. Collections shall be made on a regular schedule on the same day(s) and as close to a consistent time as possible. Yard Debris in excess of the subscribed container size may be charged as"extras" in 32-gallon increments, with each extra equaling 32 gallons. The Contractor shall collect at defined Multifamily Complex or Commercial Customer container spaces. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return containers with their lids closed and attached to their set out location. 2.2.9 Drop-Box Container Garbage Collection 2.2.9.1 Subject Materials The Contractor shall provide Drop-Box Container Garbage collection services to Multifamily Complex and Commercial Customers, in accordance with the service level selected by the customer. Garbage containing Yard Debris shall not be collected and instead prominently tagged with a notice informing the customer that disposal of Yard Debris in Garbage is not legal within the City. Contractor collection of Garbage mixed with visible Yard Debris shall be grounds for performance fees. The Contractor shall not be required to collect Drop-box Containers containing hazardous materials that are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a prominently displayed notice with the rejected materials listing why they were not collected and providing the customer with a contact for further information on proper disposal. If a Drop-box Container customer persistently includes inappropriate materials in their containers, the Contractor shall photograph and otherwise document the inappropriate materials, and provide the customer's name and address to the City for further action. 2.2.9.2 Drop Box Containers The Contractor shall provide Drop Box Containers meeting the standards described in Section 2.1.15. Both customer-owned and Contractor-owned Drop-box Containers shall be serviced, including customer-owned compactors. The Contractor shall charge a Drop-box Container delivery fee, as listed in Attachment B, to all temporary and permanent customers on their initial delivery request. This fee shall not apply to any initial distribution of Drop-box Containers or for any service level changes resulting from new services associated with the start of the contract during the Transition and Implementation Period. In addition, this fee shall not apply to the delivery of Recycling or Compostables Drop Box Containers at any time. NIS City of Renton 29 Final September,2008 Solid Waste Collection Contract Daily rental charges for Drop-box Container rentals shall be assessed at one-thirtieth (1/30th) the rrr monthly rate, where appropriate. The Contractor may charge a compactor surcharge to customers who request that the Contractor remove or reinstall hydraulic or power connections prior to or after the compactor is hauled to the disposal site. The compactor surcharge shall not be assessed in cases where the customer performs this function themselves. Contractor-owned containers shall be delivered by the Contractor to requesting customers within three (3) days of the customer's initial request. 2.2.9.3 Specific Collection Requirements Multifamily Complex and Commercial Customer Drop-box Container collection must occur during the hours and days specified in Section 2.1.4. Collection of Drop-box Containers in Single-family Residence and Multifamily Complex areas and multiuse buildings containing Multifamily Complexes shall be limited to the same hours as Single-family Residence collection The Contractor shall provide dispatch service and equipment capability to collect full Drop-box Containers no later than the next business day after the customer's initial call. The Contractor shall maintain a sufficient Drop-box Container inventory to provide empty containers to new and temporary customers within three (3) business days after the customer's initial call. The Contractor shall directly bill and receive payments from customers for temporary and permanent Drop-box Container hauling and rental services. `fir 2.2.10 Temporary Detachable Container And Drop-box Service The Contractor shall provide temporary 2-, 4-, and 6-cubic yard Detachable Containers and all available Drop-box Container sizes to Single-family Residence, Multifamily Complex and Commercial Customers on an on-call basis. The charges for temporary Detachable Container service listed in Attachment B shall include collection and disposal. Delivery charges shall be itemized and charged separately. Rental charges for temporary containers shall be charged in addition to the basic temporary container fee, at the rates listed in Attachment B. The Contractor shall directly bill and receive payments from customers for temporary Detachable Container and Drop-box service. 2.2.11 Service to City Facilities The Contractor shall provide weekly Garbage and Recyclables collection for on-street Garbage or Recyclables receptacles within the City. Receptacles shall be emptied at least weekly or more frequently, as directed by the City. The Contractor shall provide weekly and temporary Garbage, Recyclables, and Compostables collection services to all City municipal facilities, without charge. Those facilities include, but are not limited to the following: `'w Airport Division Shop Site Renton Field600 Perimeter Rd W City of Renton 30 Final September,2008 Solid Waste Collection Contract m dress:.. Carco Theatre—Cedar River Park 1717 Maple Valley Highway Cedar River Park 1717 Maple Valley Highway Central Library 100 Mill Ave S City GarageFacilities/City Shop 105/107 Williams Ave N. City Hall 1055 S. Grady Way City Hall Annex 1010 S 2nd St City Shops 3555 NE 2nd Fire Station#11 211 Mill Ave S Fire Station#12 919 Harrington Ave NE Fire Station#13 17040 108th Ave SE Fire Station#14 1900 Lind Ave SW Fire Station#17 14810 Petrovisky Rd SE Gene Coulon Park Sunset and1201 Lake Washington Blvd. N Henry Moses Pool—Cedar River Park 1719 Maple Valley Highway Highlands Community Center 800 Edmonds Ave NE Highlands Library 2902 NE 12th St Maplewood Golf Course 4050 Maple Valley Highway North Highlands Community Center 300 NE 16th Old City Hall 200 Mill Ave S Parks Maintenance Facility 3555 NE 2nd St Renton Community Center—Cedar River Pk 1715 Maple Valley Highway Renton History Museum 235 Mill Ave S. Senior Center 211 Burnett Ave N "'d At any time during the term of this Contract, the City may add facilities in addition to those listed above. Additional municipal facilities added during the term of the Contract shall also be provided collection, including new facilities developed within the City Service Area, as well as municipal facilities in future annexation areas covered by this Contract. 2.2.12 City Drop-off Collection Events The Contractor shall provide support at three (3) City special drop-off collection events scheduled each year. The events shall include two (2) residential recycling and one (1) reuse events. At each event, the Contractor shall provide Drop-box or Detachable Containers for Garbage and Recyclables collected at the events. The Contractor shall provide all equipment, staffing, collection, transportation, and recycling at no additional charge to the City, and the City shall be responsible for any disposal fees. 2.2.13 City-Sponsored Community Events The Contractor shall provide Garbage and Recycling services for City-sponsored special events at no charge to the City or users. Container capacity shall be coordinated with event staff to ensure that sufficient container capacity and collection frequency is provided by the Contractor. These events shall include, but not be limited to: City of Renton 31 Final September,2008 Solid Waste Collection Contract • River Days • Fourth of July Celebration loomor At any time during the term of this Contract, the City may add City-Sponsored Community Events in addition to those listed above, provided that if the City adds more than one event every two (2) years, the Contractor may negotiate compensation for those additional events. 2.2.14 Optional Curbside Collection Event At the City's option, the Contractor shall provide a Spring clean-up curbside collection event. The Contractor shall provide collection vehicles and staff at the "Curbside Clean-up" hourly rates listed in Attachment B. The City shall pay the Contractor upon approval of the Contractor's invoice with the City's regular payment in accordance with Section 3.1. 2.3 Management 2.3.1 Responsibility of Participants 2.3.1.1 Contractor's Responsibilities The Contractor shall be responsible for: • Collecting Garbage in the City Service Area and delivering the Garbage to the King County Disposal System, unless otherwise directed by the City. • Collecting construction/demolition waste in the City Service Area and delivering the waste to fully permitted recycling, disposal or transfer sites in compliance with King County's Comprehensive Solid Waste Management Plan. • Collecting, processing and marketing Recyclables and Compostables collected by the Contractor in the City Service Area. • Providing cart and container assembly, maintenance, stickering/labeling and re- stickering/labeling and delivery services listed or required in this Contract. • Performing customer service, including answering telephone calls and e-mails, providing information on services, establishing Commercial and Drop-box Container customer accounts and providing appropriate customer support. • Procuring all equipment and bearing all start-up, operating and maintenance costs for collection and processing or disposal of Garbage, Recyclables and Compostables, including proper safety equipment and insurance for vehicles and workers. • Providing and supervising all labor to accomplish the scope of services required under this Contract, including labor to collect materials, maintain equipment and provide customer service functions. City of Renton 32 Final September,2008 Solid Waste Collection Contract • Operating a maintenance facility to house and service collection equipment and acquiring all necessary land use,building, operating, and business permits and licenses. • Submitting all informational materials for public release to the City for review and approval prior to release. • Complying with all applicable laws. • Meeting all non-discrimination and OSHA/WISHA standards, and all environmental standards and regulations. • Providing a safe working environment and comprehensive liability insurance coverage as set forth in Section 6.5, and providing proof of this insurance to the City annually. • Providing a valid Contractor's performance and payment bond in accordance with Section 6.6, and providing proof of this bond to the City annually. • Securing the prior written approval of the City and Surety before assigning or pledging money, or assigning, subcontracting or delegating duties. • Providing route maps to the City indicating the day of week for each service. • Submitting collection day changes to the City for review and approval prior to notice being provided to customers and the change taking place. • Submitting prompt notices to the media regarding modifications to the collection schedule due to inclement weather. • Maintaining containers, vehicles and facilities in a clean, properly labeled and sanitary condition. • Meeting all City reporting, inspection and review requirements. • Providing outreach materials and programs, and assistance with distribution and outreach as required in this Contract. • Providing operating and safety training for all personnel, including spill response training for all drivers. • Notifying the City of intended changes in management not less than sixty(60) days prior to the date of change. New management shall also attend an introductory meeting scheduled by the City during the sixty(60) day notification period. Exception shall be made for termination for cause or voluntary termination in which case contractor shall notify the City as soon as is possible. r.r00 City of Renton 33 Final September,2008 Solid Waste Collection Contract 2.3.1.2 City's Responsibilities The City shall be responsible for: • Overall project administration and final approval of Contractor services and activities. • Billing customers and making payments to the Contractor based on fees set forth in this contract and services performed by the Contractor each month. • Reviewing and approving Contractor compensation adjustments due to changes in County disposal fees (for temporary Detachable Container service) or price indices. • Directing and overseeing public education and outreach with the cooperation and assistance of the Contractor. • Monitoring and evaluating collection operations with the cooperation and assistance of the Contractor. • Reviewing and approving all assignment, pledging, subcontracting or delegation of money or duties. • Reviewing and approving collection days and rate changes. • Reviewing and approving holiday schedule changes. • Reviewing and approving all written or other informational materials used by the Contractor. • Conducting performance reviews of the Contractor with the Contractor's cooperation and assistance. • Holding periodic operations meetings with the Contractor, as necessary. • Paying all disposal fees directly to King County, with the exception of temporary Drop- Box and Detachable Container service. 2.3.2 Customer Service The Contractor shall be responsible for providing customer service functions relating to service delivery including informing customers of potential service levels and charges, receiving and resolving customer complaints, dispatching Drop-box Containers and special collections, and referring billing questions to the City. These functions shall be provided at the Contractor's sole cost with such costs included in the Attachment C customer charges. *ilo ►' 2.3.2.1 Location of Customer Service Office City of Renton 34 Final September,2008 Solid Waste Collection Contract The Contractor shall maintain a principal office in King County within the general vicinity of the City. The Contractor's office and customer service assistance shall be accessible by a local-prefix phone number. The Contractor's office hours shall be open at a minimum from 8 a.m. to 5 p.m. daily, except Saturdays, Sundays and designated holidays. Representatives shall be available at the Contractor's local office during office hours for communication with the public and City representatives. The Contractor shall maintain an emergency telephone number for use outside normal business hours. The Contractor shall have a representative, or an answering service to contact such representative, available at said emergency telephone number during all hours other than normal office hours. 2.3.2.2 Customer Service Requirements A. Service Recipient Complaints and Inquiries During office hours, the Contractor shall maintain a complaint service and a telephone answering system capable of accepting at least four incoming calls at one time. The Contractor shall record all complaints, including date, time, complainant's name and address, if the complainant is willing to give this information, and nature, date and manner of resolution of the complaint in a computerized daily log. Any such calls received via the Contractor's answering service shall be recorded in the log the following work day. The Contractor shall make a conscientious effort to resolve all complaints within twenty-four (24) hours of the original call. If a longer response time is necessary, the reason for the delay shall be noted in the log, along with a description of the Contractor's efforts to resolve the complaint. The customer service log shall be available for inspection by City representatives during the Contractor's office hours and shall be in a format approved by the City. The Contractor shall provide a copy of this log in computerized form to the City with the monthly report. All incoming calls shall be answered promptly and courteously. A customer should be able to receive recorded service information and also talk directly with a customer service representative when calling the Contractor's customer service telephone number. Upon the receipt of customer complaints in regards to busy signals or excessive delays in answering the telephone, the City may request and the Contractor shall submit a plan to the City for correcting the problem. Once the City has approved the plan, the Contractor shall have sixty (60) days to implement the corrective measures, except during the Transition and Implementation, during which the Contractor shall have one week to implement corrective measures. Reasonable corrective measures shall be implemented without additional compensation to the Contractor. The Contractor shall provide additional staffing during the mobilization and transition period at the beginning of this Contract to ensure that sufficient staffing is available to minimize customer waits and inconvenience. The Contractor shall receive no additional compensation for increased staffing levels during mobilization and transition. Staffing levels during the mobilization and transition period shall be subject to City review and approval. City of Renton 35 Final September,2008 Solid Waste Collection Contract The Contractor shall provide an Internet website containing collection schedules, material preparation requirements, rates, inclement weather service changes and other relevant service — information for its customers. The website shall include an e-mail function for customer communication with the Contractor. The website design shall be submitted for City approval prior to collection service commencement. B. Recycling and Compostables Programs The Contractor's customer service representatives shall be fully knowledgeable of all collection services available to Renton residents. For new customers, customer service representatives shall explain all Garbage, Compostables and Recyclables collection available. For existing customers, the representatives shall resolve recycling issues, missed pickups, bin deliveries, etc. Customer service representatives shall be trained to inform customers of Compostables, Foodscraps and Recyclables preparation specifications. Policy questions shall be forwarded to the City for response. C. Monitoring and Evaluation The Contractor shall have a program in place to monitor and evaluate the quality of customer service and to determine overall customer satisfaction with the Contractor's services. Monitoring and evaluation methods should include random customer surveys, periodically monitoring customer service, and other such methods. The Contractor shall work with the City to monitor and ensure that high levels of customer service are demonstrated throughout the contract period. 2.3.3 Customer Billing Responsibilities The City shall continue to bill and collect payments from all Residential and Commercial customers, with the exception of temporary Detachable Container and Drop-box Container customers which shall be invoiced directly by the Contractor. The Contractor shall be responsible for providing electronic Residential and Commercial customer billing data to the City in a format and on a schedule that is compatible with the City's billing system and procedures. This format and procedure may change during the term of the Contract and any additional costs shall be accommodated by the Contractor at its sole cost. The Contractor shall be required to have procedures in place to minimize the potential for the loss or damage of the account servicing (customer service, service levels, and billing history) database. The Contractor shall ensure that a daily backup of the account servicing database is made and stored off-site. The Contractor shall also provide the City with a copy of the full customer service database via e-mail on a monthly basis. The City shall have unlimited rights to use the customer service database to develop targeted educational programs, analyze service level shifts or rate impacts, or to provide information to successor contractors. Upon five (5) working days written notice, the Contractor shall provide the City with a paper and/or electronic copy of the requested customer information and history, including, but not 41010„ limited to, customer addresses, service levels and current account status. City of Renton 36 Final September,2008 Solid Waste Collection Contract 2.3.3.1 Single Family Residential Billing The City will prepare and send out bills to its residential customers. The Contractor shall provide the City with billing information that will be downloaded as specified in subsections (A), (B), and (C) as follows: A. Single Family Customers Each month, the City shall generate from its billing system a summary report of the number of Residential accounts at each Single Family Residential service level, as listed Attachment C. By the 20th of each month, the City will submit this report to the contractor. The Contractor shall use this report to generate a monthly bill to the City and to verify the number of accounts at each service level. The City will provide the detail information required by the Contractor within five (5) working days. The Contractor shall compare the Contractor's and City's residential service level counts each month. If there are discrepancies between the City's and Contractor's records, the Contractor shall resolve these discrepancies with City utility billing staff within the billing period. The Contractor shall submit on a monthly basis, a billing worksheet to the City that shall include a listing of all City Single Family customers containing: • Customer Name • Service Address • Level of Service • Number of"extras" Collected in that Month. • Other Ancillary Services Provided B. Billing for"Extra" Garbage The Contractor shall submit by the end of the day each Thursday, a text file of"extra" Garbage charges recorded during the previous week. This weekly submittal must be sorted by the City's four billing cycles, in four individual files. The files shall include: • Customer Name • Service Address • Level of Service • Quantity of Extra Bags of Garbage • Contractor Cost • City Cost • Total Cost • Contractor Reference Number • City Reference Number C. Tracking and Communicating Customer Service Levels irrl City of Renton 37 Final September,2008 Solid Waste Collection Contract The Contractor shall receive customer service change information directly from existing customers, including receiving the customer's request and logging the change. The City may also receive this information from customers and will forward the requested changes to the Contractor. The Contractor shall submit by the end of the day each Thursday, a text file of customer service changes recorded during the previous week. The City shall handle all new account set ups and will communicate these to the Contractor similarly on a weekly basis. The weekly service level change report must contain this information: • City Reference Number • Date Account Changed • Account Number • Customer Name • Service Address • Service Changed To 2.3.3.2 Multifamily and Commercial Billing The Contractor shall handle all multifamily and commercial billing requests including change of ownership (closing accounts, opening new accounts) and change of service levels. The Contractor shall accurately manage and communicate the multifamily and commercial customer service levels and billing information database for review by the City at any time. The Contractor shall submit a complete list of customers, their service address, and level of service in a monthly report to the City. Any changes from the previous month's report, shall be highlighted on this y`,,, report for easy retrieval. Each account shall be assigned a city reference number. The Contractor shall ensure that all new accounts are assigned an appropriate city reference number by City billing staff and that this number is included in all relevant transactions. Four separate electronic text documents and one hard copy document, all sorted by billing cycle (City reference number), shall be submitted to the City on a monthly basis. Information shall include: • Business Customer Name • Service Address • City Reference Number • Contractor reference number • Level of Service • Quantity • City Cost In addition to the above requirement, the contractor shall provide two (2) "exception" files to the City each month which list unidentified accounts (usually those with no City reference number) for(1) Multifamily and (2) Commercial Customers. City of Renton 38 Final September,2008 Solid Waste Collection Contract 2.3.4 Reporting The Contractor shall provide monthly and annual reports to the City. In addition, the Contractor shall allow City staff access to pertinent operations information related to compliance with the obligations of the Contract such as disposal facility certified weight slips and vehicle maintenance logs. 2.3.4.1 Monthly Reports On a monthly basis, by the fifteenth (15th) day of each month, the Contractor shall provide a report containing information for the previous month. Reports shall be submitted in both hard copy and electronic format approved by the City and shall be certified to be accurate by the Contractor. At a minimum, reports shall include: (1) A log of complaints and resolutions for all collection services and sectors. At a minimum, the complaint log shall include customer name and/or business name, customer's service address, contact telephone number, date of complaint, a description of the complaint, a description of how the complaint was resolved, the date of resolution and any additional driver's notes or comments; (2) A compilation of program participation statistics including: a summary of multi-family and commercial participation in recycling programs, set-out statistics for residential Garbage, Compostables and Recyclables collection services and number of bulky item and Textile collections; (3) A compilation of total monthly and year-to-date summaries of Garbage, Recyclables and Compostables quantities by collection sector; (4) A summary of Recyclables quantities by collection sector and by commodity, including processing residues disposed and market prices; (5) A summary of disposal or tipping facility locations and associated quantities for Garbage, Recyclables and Compostables as well as any changes in processing procedures, locations or tipping fees; (6) A description of any vehicle accidents or infractions; (7) A description of commercial waste monitoring activities; (8) A description of promotion efforts and response; and (9) A description of any changes to collection routes, containers, vehicles, customer service or other related activities affecting the provision of services. If collection vehicles are used to service more than one customer sector or jurisdiction, the Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection quantities. The apportioning methodology shall be subject to prior review and approval by the City and shall be periodically verified through field testing by the Contractor. City of Renton 39 Final September,2008 Solid Waste Collection Contract 2.3.4.2 Semi-annual Reports Now On a semi-annual basis, on March 1st and September 1st of each year of this Agreement, the Contractor shall provide an electronic spreadsheet report in Excel format. The report shall include the following columns for each Multifamily and Commercial customer in the City: (1) Customer name; (2) Customer address; (3) Contact name and number; (4) Garbage container size; and (5) Recycling container size(if any) 2.3.4.3 Annual Reports On an annual basis, by the last working day of January, the Contractor shall provide a report containing the following information: (1) A consolidated summary and tabulation of the monthly reports, described above; (2) A discussion of highlights and other noteworthy experiences, along with measures taken to resolve problems, increase efficiency, and increase participation in Compostables and Recyclables collection programs; (3) A discussion of promotion and education efforts and accomplishments; (4) An inventory of current collection and other major equipment; and (5) The semi-annual Multifamily and Commercial customer list detailed in Section 2.3.4.3 . 2.3.4.4 Ad Hoc Reports The City may request from the Contractor up to six (6) ad-hoc reports each year, at no additional cost to the City. These reports may include customer service database tabulations to identify specific service level or participation patterns or other similar information. Reports shall be provided in the City-defined format and software compatibility. These reports shall not require the Contractor to expend more than one hundred (100) staff hours per year to complete. If requested by the City, the Contractor shall provide daily route information for all service sectors and collection streams for the purpose of evaluating potential collection system changes during the term of the Contract. Information received by the City shall be in compliance with Section 6.8 and subject to existing laws and regulations regarding disclosure, including the Public Disclosure Act. 2.3.5 Promotion and Education The City shall have primary responsibility for developing, designing and executing overall public promotion, education and outreach programs, with the assistance and cooperation of the City of Renton 40 Final September,2008 Solid Waste Collection Contract Contractor. The Contractor shall have primary responsibility for providing service-oriented information and outreach to customers and implementing on-going recycling promotions, , 400 education and outreach programs, at the direction of the City. The Contractor shall maintain a complete list of all Multifamily Complex and Commercial Customer sites within the City Service Area, and the status of each site's participation in Contractor-provided services. The Contractor shall annually contact, by telephone or site visit, the manager or owner of each site to encourage participation and inform the manager or owner of all available services and ways to decrease Garbage generation. Printed informational materials discussing waste prevention and recycling service options shall be prepared and distributed to support contact with Multifamily Complex and Commercial Customer sites. This contact shall be coordinated with City and King County promotional efforts. The Contractor shall include with its annual report the list of Multifamily Complex and Commercial Customer sites, recycling status, container sizes and types, contact dates, outcome and suggestions for increasing participation or other program improvements. 2.3.6 Field Monitoring The City may periodically monitor collection system parameters such as participation, container condition, waste composition and customer satisfaction. The Contractor shall assist the City by coordinating the Contractor's operations with the City's field monitoring to minimize inconvenience to customers, the City and the Contractor. The City intend to use trend analysis based on inferred container weights to monitor the ,4000 appropriateness of disposal quantities billed by King County. The Contractor will cooperate with any additional field monitoring or review of Contractor collection or disposal records required to address discrepancies between actual and expected disposal quantities and will work resolve any identified discrepancies. 2.3.7 Transition to Next Contractor The Contractor shall be expected to work with the City and the successive contractor in good faith to ensure a minimum of customer disruption during the transition period. Container removal and replacement shall be coordinated between the Contractor and a successive contractor to occur simultaneously in order to minimize customer inconvenience. The Contractor shall provide a detailed customer list, including customer name, service address, mailing address, and collection and container rental service levels to the successive contractor within seven(7) days request of the City. Failure to comply with this Contract provision shall result in the forfeiture of the Contractor's performance bond, at the City's discretion. 3. COMPENSATION City of Renton 41 Final September,2008 Solid Waste Collection Contract 3.1 Compensation to the Contractor The Contractor shall be paid monthly by the City, by the fifteenth (15th) of the following month based on the verifiable Contractor collection records provided for that month. These payments will comprise the entire compensation due to the Contractor for Residential can/cart and Commercial Detachable Container collection services. The Contractor shall separately invoice and collect payment from customers for temporary Detachable Container and Drop-box Container services. These charges provided in Attachment B include the following components: a) The Contractor's Garbage collection fee for the particular service level b) A disposal fee component only for temporary Detachable Container service based on the container weights specified in Attachment C. Actual load weight and disposal cost will be used for Drop-box Container services c) Recycling collection charges for each sector (e.g. Single Family Residential, Multifamily Residential, and Commercial Customers) d) For Single Family rates only, Compostables collection costs e) The costs of Recycling Carts, Compostables Carts, Garbage Carts and Multifamily/Commercial Recycling Carts, and Detachable Containers used for Garbage or N""' Commercial Recyclables, but not including Drop-boxes for which separate rental charges shall be assessed County, city and state solid waste taxes or fees shall be itemized separately and added to the charges listed in Attachment B, if applicable. The Contractor shall not charge separately for Recyclables or Single Family Residential Compostables collection services, except as set forth herein. The Contractor shall be responsible for monitoring service level usage for all customers and subsequently billing the City based on that usage, in accordance with the fees provided in Attachment B, Contractor Charges. The City reserves the right to institute incentive rate structures for its customers independently of the fees paid to the Contractor for each service level. 3.2 Compensation to the City 3.2.1 Franchise Fee During each month of collection services provided during the term of this Contract, the City shall deduct a Franchise Fee from the Contractor's payment. The initial amount of the monthly Franchise Fee shall be Six Thousand Dollars ($6,000.00), with the Franchise Fee adjusted as described in Section 3.3 of this Contract. mow° City of Renton 42 Final September,2008 Solid Waste Collection Contract 3.2.2 Taxes and Fees 44004 The City may, from time to time, impose utility or other taxes that shall be assessed and payable as directed by City ordinance. If new City, County, state or federal taxes are imposed or the rates of existing taxes are changed after the execution date of this Contract, and the impact of these changes results in increased or decreased Contractor costs exceeding $5,000 per year, the Contractor and City will enter into good faith negotiations to determine whether compensation adjustments are appropriate, and if so, determine the amount and the method of adjustment. The impacted party shall not unreasonably withhold its approval of the adjustment. Any adjustment in Contractor charges will coincide with the annual rate adjustment process described in Section 3.3. 3.3 Compensation Adjustments The Contractor's collection service charges, excluding waste disposal fees for temporary Detachable Container service, for each level of service shall increase or decrease each year under this Contract by the following formula: Inflation Adjustment Factor: The "Inflation Adjustment Factor" will be based on three indices computed by the United States Department of Labor, Bureau of Labor Statistics. The three indices and their weights are: 1) the second-half annual consumer price index for Urban Wage Earners and Clerical Workers for the Seattle-Tacoma-Bremerton Area, Series ID No. CWURA423SAO, or successor indices, which will have a weight of 42%, 2) the Energy Information Agency annual West Coast Retail Price Series for On-Highway Diesel Fuel, Index No. PADD5, which will have a weight of 8%, and 3) the Employment Compensation Cost Index for Private Industry, in current dollars, December 2005=100, for Trade, Transportation and Utilities, Series ID No. ECU2014000000000I (B,I), which will have a weight of 50%. In the event that the Contractor uses CNG-fueled route trucks, the fuel price component of the composite index shall be changed to reflect the proportional mix of diesel and CNG trucks used in the City. The CNG fuel prices index shall be the "Northwest Pipeline Corp., Rocky Mountain monthly index as published by Platts Inside FERC'S Gas Market Report" or successor index used in the Contractor's CNG supply agreement. The Inflation Adjustment Factor, for the contract year beginning in January 1, 2010, and for each subsequent contract year, will be calculated by taking the weighted average, based on the weights above, of the percentage difference between the three indices' most recent year-end values and the corresponding values for the year ending December 2008, and adding the result to 1.0. This annual Inflation Adjustment Factor will be applied to all rates set forth under the Contract, unless otherwise noted herein. Adjustments to the Contractor's collection service charge will be made in units of one cent ($0.01). Fractions less than one cent ($0.01) will not be considered when making adjustments. Rates will be adjusted annually, beginning January 1, 2010. On or by August 15th of each year, starting August 15th, 2009, the Contractor shall submit to the City for review and approval a Rate Adjustment Statement calculating the new rates for the next year. City of Renton 43 Final September,2008 Solid Waste Collection Contract a.r Periodic adjustments will also be made to Contractor collection rates for temporary Detachable Container service to reflect increases or decreases in King County disposal fees for solid waste. In the event of a change in disposal fees, the disposal fee component of those rates shall be adjusted, based on container content weights specified by the Contractor in Attachment B of this Contract. Specific examples of rate modifications due to Consumer Price Index and disposal fee changes (for temporary Detachable Container service) are provided in Attachment C. Should the Contractor be required by the City or other governmental authority to use disposal or Compostables processing sites other than those being used at the initiation of this Contract, the Contractor will submit a detailed proposal for the adjustment of the rates to reflect any additional cost or savings to the Contractor. The City and Contractor agree to negotiate in good faith any changes to the rates to offset these costs or savings. The Contractor shall not adjust or modify rates due to employee wage increases, , the value of Recyclables, Garbage collection service level shifts, or other changes affecting the collection system, other than changes in scope proposed by the City. At the time of City's decision to extend this Contract through invoking contract extension options, Contractor can present a request for relief for any adverse market changes that have occurred during the previous period of the contract. The City is under no obligation to give consideration for those adverse changes as a condition for invoking the contract extension option. 3.4 Changes in [Disposal] or Compostables Processing Sites and Compostables Processing Fees Should the Contractor be required by the City to use disposal or Compostables processing sites other than those being used at the initiation of this Contract or the Compostables processing fees increase more than the normal escalation of the index detailed in Section 3.3, the Contractor may submit a detailed proposal for the adjustment of the rates to reflect any additional cost or savings to the Contractor. The City and Contractor agree to negotiate in good faith any changes to the rates to offset these costs or savings. 3.5 Change in Law Changes in federal, State or local laws or regulations or a continuing force majeure that result in a detrimental change in circumstances or a material hardship for the Contractor in performing this Contract may be the subject of a request by the Contractor for a rate adjustment, subject to review and approval by the City, at the City's reasonable discretion. If the City requires review of financial or other proprietary information in conducting its rate review, at the request of the Contractor, the City shall retain a third-party to review such information at the Contractors expense, and may take any other steps it deems appropriate to protect the confidential nature of Contractor's documents and preserve the Contractor's ongoing ability to remain competitive. .41411w- City of Renton 44 Final September,2008 Solid Waste Collection Contract Arrr . 4. FAILURE TO PERFORM, REMEDIES,TERMINATION NIS The City expects high levels of customer service and collection service provision. Performance failures shall be discouraged, to the extent possible, through performance fees for certain infractions and through Contract default for more serious lapses in service provision. Section 4.1 details infractions subject to performance fees and Section 4.2 details default provisions and procedures. 4.1 Performance Fees The City may deduct the following performance fees from the monthly payment for the service delivery omissions or acts as described below. Deductions for misses will not be applied for collections prevented by weather or holiday rescheduling or collections missed due to labor disruptions during the first week of the disruption. Performance Fees will be reasonably applied and may be appealed using the procedures mutually agreed upon by the City and Contractor. The individual deductions for Performance Fees will be documented and will be applied with consideration of the specific circumstances and related events as well as the Contractor's overall performance, including the Contractor's efforts to mitigate impacts and maintain service levels during labor disruptions. ...?r .r;,i'A;kt '.y',t;.: l� .s:�„' ami,. •,:. ,.,. .w•,,> ' �����.'=1-• :�>,.��t��rn�;��r t� ti�ssi+ari �-�ti` � :... . ; .,.: ;.;,.; �:: 'i��. . a.. : . ..� Collection before or after the times specified in Two hundred fifty dollars ($250) per incident Section 2.1.4, except as expressly permitted. (each truck on each route is a separate incident). Repetition of complaints on a route after Twenty-five dollars ($25) per incident, not to notification, including, but not limited to, exceed thirty(30) complaints per truck per day. failure to replace containers in designated locations, spilling, not closing gates, replacing lids, crossing planted areas, or similar violations. Failure to collect spilled materials. Twice the cost of cleanup to the City or King County, plus fifty dollars ($50)per incident. Leakage from Contractor vehicles or vehicle Two hundred dollars ($250) per vehicle, per contents. inspection, plus clean up costs. Failure to collect missed materials within one One hundred dollars ($100)per incident to a (1) business day after notification. maximum of five hundred dollars ($500) per truck per day on Single-family Residence routes and no maximum for Multifamily Complex and Commercial Customer routes. Missed collection of entire block segment of One hundred and fifty dollars ($150)per block Single-family Residences (excluding segment if collection is performed the collections prevented by inclement weather). following day; five hundred dollars ($500) if not collected by the following day. Collection as Garbage of Source-separated One hundred dollars ($100)per incident, up to Recyclables or Compostables in clearly a maximum of one thousand dollars ($500)per identified containers,bags or boxes. truck, per day. Noloo City of Renton 45 Final September,2008 Solid Waste Collection Contract Rejection of Garbage, Recyclables or Twenty-five dollars ($25)per incident. Compostables without providing documentation to the customer of the reason for rejection. Failure to deliver Detachable Containers to Fifty dollars ($50)per container per day. new commercial Garbage customers within three(3) days. Failure to deliver carts, Detachable Fifty dollars ($50)per container per day. Containers, or Drop-box Containers within three(3) days of request to Multifamily Complex or Commercial Customers requesting service after January 1, 2009. Failure to deliver Garbage, Recycling or Twenty-five dollars ($25) per container per Compostables Carts within seven(7) days of day. request to Single-family Residence customers requesting service after January 1, 2009. Misrepresentation by Contractors in records or Five thousand dollars ($5000) per report. reporting(other than clerical error). Failure to make required reports on time. Two hundred and fifty dollars ($250) per incident. Failure to maintain clean and sanitary Fifty dollars ($50) per incident, up to containers, vehicles, and facilities, maximum of one thousand dollars ($1,000) per *ow inspection. Landfilling or incineration of uncontaminated One thousand dollars ($1,000) per vehicle, per loads of Recyclables or Compostables without incident, with no maximum. the express written permission of the City. Failure to comply with recycling processing One thousand dollars ($1,000) per day. standards specified in Section 2.1.12 Failure to meet customer service ring and on- Two hundred fifty dollars ($250) per incident. hold time performance requirements. Failure to deliver Garbage, Recycling or One thousand dollars ($1,000) per day. Compostables Carts to all existing Single- family Residences before January 1, 2009. Failure to deliver Garbage carts, Detachable One thousand dollars ($1,000) per day. Containers or Drop-boxes to all existing Multifamily Complex and Commercial Customers before January 1, 2009. Failure to comply with fuel requirements One thousand dollars ($1,000) per day. specified in Section 2.1.25 Use of collection vehicle without a properly Two hundred and fifty dollars ($250)per truck installed and operating particulate trap per day. Failure to include instructional/promotional Fifty dollars ($50) per incident, with no materials when Garbage, Recycling and/or maximum. Compostables Carts are delivered. 41orre City of Renton 46 Final September,2008 Solid Waste Collection Contract Barri► Nothing in this section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right to exercise any and all remedies it may have with respect to these and other violations and breaches. The performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 4.2. Performance fees, if assessed during a given month, shall be invoiced by the City to the Contractor. Performance fees may be levied only if documented in an incident report presented by the City to the Contractor. The Contractor shall be notified and provided a copy of an incident report and shall be given 24 hours to cure the problem (if applicable)before performance fees are invoiced to the Contractor, except in the case of incidents for which, due to the nature of the event, a "cure" is not possible. The Contractor shall be required to pay the City the invoiced amount within thirty (30) days of billing. Failure to pay performance fees shall be considered a breach of this Contract. Any fine may be appealed by the Contractor to the City, provided that the appeal is received by the City no later than 10 days of being assessed by the City. The Contractor shall be allowed to present evidence as to why the fine should be lessened or eliminated. The decision of the City shall be final. 4.2 Contract Default The Contractor shall be in default of this Contract if it violates any provision of this Contract. In addition, the City reserves the right to declare the Contractor to be in default in the event of any violation, which shall include, but not be limited to, the following: 1. The Contractor fails to commence the collection of Garbage, Recyclables or Compostables, or fails to provide any portion of service under the Contract on January 1, 2009, or for a period of more than five (5) consecutive days at any time during the term of this Contract. 2. The Contractor fails to obtain and maintain any permit required by the City, King County, or any federal, State or other regulatory body in order to collect materials under this Contract. 3. The Contractor's noncompliance creates a hazard to public health or safety. 4. The Contractor repeatedly or persistently acts or fails to act in a manner that is subject to performance fees in excess of twenty-five thousand dollars ($25,000) during any consecutive twelve (12)month period. 5. Failure to maintain, in good standing, surety and insurance required by this Contract. The City reserves the right to pursue any remedy available at law for any default by the Contractor. In the event of default, the City shall give the Contractor ten (10) days prior written notice of its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise that does not allow ten (10) days prior written notice, the City shall *4401 City of Renton 47 Final September,2008 Solid Waste Collection Contract immediately notify the Contractor of its intent to exercise its rights immediately. If the Now Contractor cures the stated reason within the stated period, or initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may, in its reasonable discretion, opt to not exercise its rights for the particular incident. If the Contractor fails to cure the stated reason within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may at its option terminate this Contract. If the Contractor abandons or violates any portion of this Contract, fails to fully and promptly comply with all its obligations, or fails to give any reason satisfactory to the City for noncompliance, and fails to correct the same, the City, after the initial ten (10) days notice, may then declare the Contractor to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of said notice shall be sent to the Contractor and Surety on its performance bond. Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this Contract. The Surety may, at its option, within ten (10) days from such written notice, assume the services provided under this Contract that the City has ordered discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms and conditions of the Contract, and all documents incorporated herein. Pending consideration by the Surety of said option to assume the services provided under this Contract, the City may take possession of all the Contractor's equipment, vehicles and facilities, and employ such work force as it may deem advisable to continue the services provided under this Contract. The cost of all labor and materials necessary for such services provided under this Contract shall be paid by the Contractor in full, provided the City shall pay a monthly rental fee Nape for the use of Contractor's equipment, vehicles and facilities as set forth in Section 6.4. In the event that the Surety fails to exercise its option within the ten (10) day period, the City may complete the services provided under this Contract or any part thereof; either through its own work force or by contract, and the City shall have the right to take possession of and the use of the equipment, vehicles and facilities, and property of every kind and nature provided by the Contractor for the services provided under this Contract (provided it may pay the rental and assume all liability of City operation for equipment, vehicles and facilities set forth above) and to procure other vehicles, equipment and facilities necessary for the completion of the same, and to charge the same to the Contractor and/or Surety, together with all reasonable costs incidental thereto. The City shall be entitled to recover from the Contractor and its Surety as damages all expenses incurred, including reasonable attorney's fees, together with all such additional sums as may be necessary to complete the services provided under this Contract, together with any further damages sustained or to be sustained by the City. If City employees provide Garbage, Compostables and/or Recyclables collection, the actual incremental costs of City labor, equipment and overhead and administration shall serve as the basis for a charge to the Contractor. The remedies specified in this section shall be in addition to all other remedies available to the `4400, City pursuant to this Contract or at law or in equity. City of Renton 48 Final September,2008 Solid Waste Collection Contract 441011 5. NOTICES All notices required or contemplated by this Contract shall be personally served or mailed (postage prepaid and return receipt requested), addressed to the parties as follows: To City: Solid Waste Coordinator City of Renton 1055 S. Grady Way Renton, WA 98108 To Contractor: Municipal Contracts Manager Waste Management of Washington, Inc. 801 2nd Avenue, Suite 614 Seattle, WA 98104 6. GENERAL TERMS 6.1 Collection Right The Contractor shall have the exclusive right and be the exclusive provider with which the City shall contract to collect Garbage, Compostables/ and Recyclables and construction/demolition materials within the City Service Area. When asked by the Contractor, the City shall use its best efforts to protect this right of the Contractor; however, the City shall not be obligated to join or instigate litigation to protect the right of the Contractor. The Contractor may independently enforce the exclusive rights under this Contract against third party violators, including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions brought by Contractor (without obligating the City to join any such litigation). This contract provision will not apply to Garbage, Recyclables or Compostables/ self-hauled by the generator; to Source-Separated recyclables hauled by common or private carriers (including drop-off recycling sites) from commercial premises that contain at least ninety percent (90%) recyclable materials; to construction/demolition waste hauled by self-haulers or construction contractors in the normal course of their business; or to Yard Debris generated and hauled by private landscaping services. For the purposes of clarification, mixed loads of commercial dry waste materials that do not contain at least 90% recyclable materials shall be hauled exclusively by the Contractor. The Contractor shall retain responsibility for Garbage, Recyclables, construction/demolition materials and Compostables/Foodscraps once these materials are placed in Contractor-owned containers. The Contractor shall retain revenues gained from the sale of Recyclables, construction/demolition materials or Yard/Foodscraps Debris. Likewise, a tipping or acceptance fee charged for Recyclables, construction/demolition materials or Compostables/Foodscraps shall be the financial responsibility of the Contractor. City of Renton 49 Final September,2008 Solid Waste Collection Contract 6.2 Access to Records 4400. The Contractor shall maintain in its local office full and complete operations, customer, financial and service records that at any reasonable time shall be open for inspection and copying for any reasonable purpose by the City. In addition, the Contractor shall, during the Contract term, and at least five (5) years thereafter, maintain in an office in King County reporting records and billing records pertaining to the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor's services provided under this Contract. Those Contractor's accounts shall include but shall not be limited to all records, invoices and payments under the Contract, as adjusted for additional and deleted services provided under this Contract. The City shall be allowed access to these records for audit and review purposes. The Contractor shall make available copies of certified weight slips for Garbage, Recyclables and Compostables on request within two (2) business days of the request. The weight slips may be requested for any period during the term of this Contract. 6.3 Contractor to Make Examinations The Contractor has made its own examination, investigation and research regarding proper methods of providing the services required under this Contract, and all conditions affecting the services to be provided under this Contract, and the labor, equipment and materials needed thereon, and the quantity of the work to be performed. The Contractor agrees that it has satisfied itself based on its own investigation and research regarding all of such conditions, that its '`'tow conclusion to enter into this Contract was based upon such investigation and research, and that it shall make no claim against the City because of any of the estimates, statements or interpretations made by any officer or agent of the City that may be erroneous. With the exception of Force Majeure events or as otherwise provided in this Contract, the Contractor assumes the risk of all conditions foreseen and unforeseen, and agrees to continue to provide services under this Contract without additional compensation under whatever circumstances may develop other than as provided herein. 6.4 Availability of Equipment, Vehicles and Facilities The Contractor's equipment, vehicles and facilities used in the performance of this Contract shall be available for use by the City in case of Contract default, as described in Section 4.2. For this purpose, any document (including a lease to or by the Contractor; a financing contract; an acquisition over time; a mortgage; or other instrument establishing a security interest) that encumbers or limits the Contractor's interest in such property shall: a. Allow the Surety on the Contractor's performance bond to take over the Contractor's obligations and to continue the use of the equipment, vehicles and facilities in service for performance of the Contract during its remaining life. b. In the event the Contractor is in default and the Surety on the Contractor's performance Nor•• bond fails to assume or continue performance within forty-eight (48) hours after notice to City of Renton 50 Final September,2008 Solid Waste Collection Contract do so, allow the City to lease or sub-lease all or a portion of such property and use the same for a period of up to six (6) months following the date of the declaration of default by the City, and allow to provide such collection services on the condition that the City pays to the lessor a market rental for the property actually used in an amount no greater than the monthly lease (in event of a lease), the installment payment (in event of a purchase contract), or the monthly interest and principal (in event of a financing arrangement). c. Exempt the City from liability during its usage of such property for balloon payments, accrued interest, accelerated charges on account of default, or other extraordinary payments, nor make satisfaction thereof a condition of the City's interim usage. d. Forbid any foreclosure, trustee's sale, or other dispossession of the Contractor's interest without giving both the City and Surety on the Contractor's performance bond sixty (60) days prior notice, and then make any termination of the Contractor's possessor interest pursuant to such document or the enforcement thereof subject to the requirements of subsections (a), (b) and (c) above of this section. In event of default, the Contractor shall allow the City to use such property in order to continue collection services within the City Service Area for a period of up to six (6) months. Rental fees for all types of collection vehicles shall be paid to the Contractor or successor interest, as set forth above. To assure compliance with this section, the Contractor shall submit the following to the City for review and approval: 1. All contracts, leases, or other documents encumbering or limiting the Contractor's interest in such property. 2. All contracts, leases, or other documents for acquisition, lease or replacement, or substitute equipment for such property. 3. Any proposed agreement that would encumber or transfer any interest of the Contractor in such property before the Contractor's execution of such agreement. No contract shall be awarded without the City's prior written approval of the documents identified in this section, and no transactions identified in this section shall take effect without the City's approval. The City's approval shall not be unreasonably withheld. 6.5 Insurance The Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the services provided under this Contract hereunder by the Contractor, their agents, representatives, employees or subcontractors. The cost of such insurance shall be paid by the Contractor. 6.5.1 Minimum Scope of Insurance City of Renton 51 Final September,2008 Solid Waste Collection Contract Contractor shall obtain insurance that meets or exceeds the following of the types described Isw below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. The City shall be named as an additional insured under the Contractor's Automobile Liability insurance policy with respect to the work performed for the City. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Occurrence Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City, using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's Pollution Liability insurance coverage covering any claim for bodily injury, personal injury, property damage, cleanup costs and legal defense expense applying to all work performed under the contract. 6.5.2 Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$3,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $5,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's Pollution Liability: $3,000,000 combined single limit per occurrence for bodily injury, personal injury, property damage, cleanup costs and legal defense expense. Noy City of Renton 52 Final September,2008 Solid Waste Collection Contract zw► 6.5.3 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. In the event the deductibles or self-insured retentions are not acceptable to the City, the City reserves the right to negotiate with the Contractor for changes in coverage deductibles or self-insured retentions; or alternatively, require the Contractor to provide evidence of other security guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.5.4 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability, and Contractor's Pollution Liability coverage: 1. The Contractor's insurance coverage shall be the primary insurance with respect to the City, its officials, employees and volunteers. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. 2. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. *Ed 3. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.5.5 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VIII. 6.5.6 Verification of Coverage Contractor shall furnish the City with original certificates including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 6.5.7 Subcontractors All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 6.5.8 ACORD Form If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, r.rio it must be modified in the following manner: City of Renton 53 Final September,2008 Solid Waste Collection Contract 1. Wording at bottom of ACORD Form - "Should any of the above described policies be canceled before the expiration date thereof; the issuing company shall mail thirty (30) days written notice to the below named Certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company"— Shall be Changed to Read — "Should any of the above described policies be canceled, lapse, or be reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) calendar days prior written notice to the below named Certificate holder and Additional Insured, the City of Renton, by certified mail." 6.6 Performance Bond The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment Bond or bonds, letter of credit or other similar instrument acceptable to and approved in writing by the City in the amount of one million dollars ($1,000,000). The bond, letter of credit or other similar instrument shall be issued for a period of not less than one year, and the Contractor shall provide a new bond, letter of credit or similar instrument, and evidence satisfactory to the City of its renewability, no less than sixty (60) calendar days prior to the expiration of the bond, letter of credit or other similar instrument then in effect. The City shall have the right to call the bond, letter of credit or other similar instrument in full in the event its renewal is not confirmed prior to five (5) calendar days before its expiration. 6.7 Indemnification *ere 6.7.1 Indemnify and Hold Harmless The Contractor shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, loss, damages, or costs, of whatsoever kind or nature, brought against the City arising out of, or in connection with, or incident to, the execution of this Contract and/or the Contractor's performance or failure to perform any aspect of this Contract; provided, however, that if such claims are caused by or result from the concurrent negligence of the City its agents, employees, and/or officers, this indemnity provisions shall be valid and enforceable only to the extent of the negligence of the Contractor and provided further, that nothing herein shall require the Contractor to hold harmless or defend the City, its agents, employees, and/or officers for damages or loss caused by the City's sole negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 6.7.2 Industrial Insurance Immunity Waiver With respect to the obligations to hold harmless, indemnify and defend provided for herein, as they relate to claims against the City, its officers, agents and employees, the Contractor agrees to waive the Contractor's immunity under industrial insurance, Title 51 RCW, for any injury, sickness or death suffered by the Contractor's employees that is caused by or arises out of the Contractor's negligent exercise of rights or privileges granted by the Contract. This waiver is mutually agreed to by the parties. %o.° City of Renton 54 Final September,2008 Solid Waste Collection Contract 6.8 Confidentiality of Information Under Washington State law, the documents (including but not limited to written, printed, graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or reproductions thereof) submitted in performance of this Contract (the "documents") become a public record upon submission to the City, subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specific provision of law. If the City receives a request for inspection or copying of any such documents it shall promptly notify the Contractor (by U.S. mail and by fax) and upon the written request of the Contractor, received by the City within five (5) days of the mailing of such notice, shall postpone disclosure of the documents for a reasonable period of time as permitted by law to enable the Contractor to seek a court order prohibiting or conditioning the release of the documents. The City assumes no contractual obligation to enforce any exemption. 6.9 Assignment of Contract 6.9.1 Assignment or Pledge of Moneys by the Contractor The Contractor shall not assign or pledge any of the moneys due under this contract without securing the written approval of the Surety on the performance bond and providing at least thirty (30) calendar days prior notice to the City of such assignment or pledge together with a copy of the Surety's approval thereof. Such assignment or pledge, however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this contract. 6.9.2 Assignment, Subcontracting, Delegation of Duties The Contractor shall not assign or sub-contract any of the work or delegate any of its duties under this Contract without the prior written approval of the City. The City's approval shall not be required for subcontracting or assignment to any company that is affiliated to Contractor or its parent company. The Contractor shall provide prior written notice to the City of the proposed assignment or subcontractor arrangement. When requested, approval by the City of a subcontract or assignment shall not be unreasonably withheld, provided the subcontractor or assignee has the capability to meet all of the economic and other obligations under this Contract. In the event of an assignment, sub-contracting or delegation of duties, the Contractor shall remain responsible for the full and faithful performance of this contract and the assignee, subcontractor, or other obligor shall also become responsible to the City for the satisfactory performance of the work assumed. The City may condition approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to the City to fully and faithfully complete the work or responsibility undertaken. In addition, the assignee, subcontractor or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract. The City may terminate this Contract if the assignee, subcontractor or obligor does not comply with this clause. City of Renton 55 Final September,2008 Solid Waste Collection Contract The Contractor shall pay the City's reasonable costs and expenses, including attorney's fees, incurred in reviewing any request by Contractor to assign, subcontract, or delegate its duties hereunder. 6.10 Laws to Govern/Venue This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for King County. 6.11 Compliance With Law The Contractor, its officers, employees, agents and subcontractors shall comply with applicable federal, state, county, regional or local laws, statutes, rules, regulations or ordinances, including those of agencies having jurisdiction over the project, in performing its obligations under the Contract. Such compliance shall include abiding by all applicable federal, state and local policies to ensure equal employment opportunity and non-discrimination. The Contractor shall comply with all applicable laws pertaining to employment practices, employee treatment and public contracts. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time-to-time must be complied with, including ergonomic and repetitive motion requirements. The Contractor must indemnify and hold harmless the City of Renton from all damages assessed for the Contractor's failure to comply with the Acts and Standards issued *k'" therein. The Contractor is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to the operation of the collection and processing systems used in the performance of this Contract. The Contractor is specifically directed to observe all weight-related laws and regulations in the performance of these services, including axle bridging and loading requirements. 6.12 Non-Discrimination The Contractor will not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, color, sex, national origin, 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 advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment any required notices setting forth the provisions of this non- discrimination clause. Contractor understands and agrees that if it violates this non-discrimination provision, this City of Renton 56 Final September,2008 Solid Waste Collection Contract ir► contract may be terminated by the City and further that the Contractor shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactorily to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. 6.13 Permits and Licenses The Contractor and subcontractors shall secure a City business license and pay fees and taxes levied by the City. The Contractor shall have or obtain all permits and licenses necessary to provide the services herein at its sole expense. The Contractor shall be solely responsible for all taxes, fees and charges incurred, including, but not limited to, license fees and all federal, state, regional, county and local taxes and fees, including income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the Contractor's activities under the Contract, business and occupation taxes, workers' compensation and unemployment benefits. 6.14 Relationship of Parties The City and Contractor intend that an independent City/Contractor relationship shall be created by this Contract. The implementation of services shall lie solely with the Contractor. No agent, employee, servant or representative of the Contractor shall be deemed to be an employee, agent, servant or representative of the City. 6.15 Bankruptcy It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Contract, at the option of the City, may be terminated effective on the day and at the time the bankruptcy petition is filed. 6.16 Right to Renegotiate/Amendment The City shall retain the right to renegotiate this Contract or negotiate contract amendments based on policy changes, state statutory changes or rule changes in King County, Washington State or federal regulations regarding issues that materially modify the terms and conditions of the Contract. The City may also renegotiate this Contract should any Washington State, King County or City rate or fee associated with the Contract be held illegal or any increase thereof be rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with the City in the event the City wishes to change disposal locations or add additional services to the Contract and to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes. This Contract may be amended, altered or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and the Contractor. City of Renton 57 Final September,2008 Solid Waste Collection Contract 6.17 Force Majeure low Provided that the requirements of this section are met, Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Contract if Contractor's performance is prevented or delayed by acts of terrorism, acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, acts of the public enemy, wars, blockades, public riots, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of the Contractor ("Force Majeure"). If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Contract, it shall give the City promptly written notice of the Force Majeure event, describing it in reasonable detail. The Contractor's obligations under this Contract shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. 6.18 Illegal Provisions At the discretion of the City, if any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 6.19 Waiver No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, and executed by the party against whom such waiver is sought to be enforced. A waiver by either party of any of its rights under this Contract on any occasion shall `o"'' not be a bar to the exercise of the same right on any subsequent occasion or of any other right at any time. 6.20 Entirety This Contract and the attachments attached hereto and incorporated herein by this reference, specifically Attachments A-C, represent the entire agreement of the City and the Contractor with respect to the services to be provided under this Contract. No prior written or oral statement or proposal shall alter any term or provision of this Contract. 6.21 Severability If, for any reason, any part, term or provision of this Contract is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision, which may conflict therewith, shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. Nary WITNESS THE EXECUTION HEREOF on the day and year first herein above written. City of Renton 58 Final September,2008 Solid Waste Collection Contract r CITY OF RENTON By By Denis Law, Mayor its: Attested: City Clerk Approved as to Form: By City Attorney Attachments: A: City Service Area B: Contractor Rates C: Rate Modification Examples City of Renton 59 Final September,2008 Solid Waste Collection Contract Exhibit B City of Renton Rates Number Total `ow, Service Level of Service Customers Fee Weekly One 35 gallon Garbage Cart $ 11.09 Commercial One 64 Gallon Contractor Cart 41 $ 13.37 Can and One 96 Gallon Contractor Cart 70 $ 15.96 Cart Extra cans or units $ 11.09 Carry out charge if> 50 feet(per time) $ 5.06 Weekly Yard Waste Collection cart $ 43.88 Weekly 1 Cubic Yard Container $ 82.75 Commercial 1.5 Cubic Yard Container $ 117.63 Detachable 2 Cubic Yard Container 5 $ 139.52 Container 3 Cubic Yard Container 6 $ 204.49 (compacted) 4 Cubic Yard Container 6 $ 269.92 6 Cubic Yard Container 3 $ 399.73 Commercial 1 Cubic Yard, 1 pickup/week 156 $ 38.13 Detachable 1 Cubic Yard, 2 pickups/week 8 $ 76,26 Container 1 Cubic Yard, 3 pickups/week 0 $ 114.39 (loose) 1 Cubic Yard, 4 pickups/week 0 $ 152.52 1 Cubic Yard, 5 pickups/week 0 $ 190.65 1.5 Cubic Yard, 1 pickup/week 75 $ 53.14 1.5 Cubic Yard, 2 pickups/week 18 $ 106.28 1.5 Cubic Yard, 3 pickups/week 0 $ 159.42 1.5 Cubic Yard, 4 pickups/week 0 $ 212.56 1.5 Cubic Yard, 5 pickups/week 0 $ 265.70 2 Cubic Yard, 1 pickup/week 135 $ 66.14 2 Cubic Yard, 2 pickups/week 7 .$ 132.28 New.- 2 Cubic Yard, 3 pickups/week 5 $ 198.42 2 Cubic Yard, 4 pickups/week 0 $ 264.56 2 Cubic Yard, 5 pickups/week 1 $ 330.70 3 Cubic Yard, 1 pickup/week 106 $ 94.54 3 Cubic Yard,2 pickups/week 19 $ 189.08 3 Cubic Yard, 3 pickups/week 5 $ 283.62 3 Cubic Yard,4 pickups/week 0 $ 378.16 3 Cubic Yard, 5 pickups/week 2 $ 472.70 4 Cubic Yard, 1 pickup/week 165 $ 122.75 4 Cubic Yard, 2 pickups/week 70 $ 245.50 4 Cubic Yard, 3 pickups/week 23 $ 368.25 4 Cubic Yard, 4 pickups/week 0 $ 491.00 4 Cubic Yard, 5 pickups/week 3 $ 613.75 6 Cubic Yard, 1 pickup/week 109 $ 175.98 6 Cubic Yard, 2 pickups/week 61 $ 351.96 6 Cubic Yard, 3 pickups/week 8 $ 527.94 6 Cubic Yard, 4 pickups/week 2 $ 703.92 6 Cubic Yard, 5 pickups/week 1 $ 879.90 6 Cubic Yard, 6 pickups/week 0 $ 1,055,88 8 Cubic Yard, 1 pickup/week 94 $ 227.94 8 Cubic Yard, 2 pickups/week 57 $ 455.88 8 Cubic Yard, 3 pickups/week 23 $ 683.82 8 Cubic Yard, 4 pickups/week 2 $ 911.76 8 Cubic Yard, 5 pickups/week 3 $ 1,139.70 Extra loose cubic yard, per pickup $ 8.80 Annual Truck& Driver Hourly Rate $ 112.77 Cleansweeps Add! helper Hourly Rate $ 64.68 Rate Com'l_w com'l rec. Page 2 Exhibit B City of Renton Rates Proposed Rates Monthly Daily Monthly Delivery Haul Service Level (based on pick ups) Pickups Rent Rent Charge Charge Drop-box Non-compacted 10 cubic yard Drop-box $ 4.47 $ 37.59 $ 51.48 $ 136.45 Collection Non-compacted 15 cubic yard Drop-box $ 5.03 $ 53.64 $ 51.48 $ 144.00 Non-compacted 20 cubic yard Drop-box 126 $ 5.57 $ 69.69 $ 51.48 $ 151.55 Non-compacted 30 cubic yard Drop-box 108 $ 6.38 $ 85.74 $ 51.48 $ 166.65 Non-compacted 40 cubic yard Drop-box 100 $ 7.18 $ 105.67 $ 51.48 $ 181.75, Compacted 10 cubic yard Drop-box 4 N/A N/A $ 51.48 $ 154.65 Compacted 20 cubic yard Drop-box 130 N/A N/A $ 51.48 $ 169.75 Compacted 30 cubic yard Drop-box 130 N/A N/A '$ 51.48. $ 184.85 Compacted 40 cubic yard Drop-box 9 N/A N/A $ 51.48 $ 199.95 Service Level Monthly Disposal Collection Delivery Haul Pickups Fee Fee Charge Charge Temporary 4 Yard detachable container 10 $ 21.01 $ 56.92 $ 51.48 $ 77.93 Collection 6 Yard detachable container - $ 31.52 $ 77.54 $ 51.48 $109.06 8 Yard detachable container - $ 42.02 $ 96.94 $ 51.48 $138.96" _ First Total Add.' _ 72 hour Service Daily Rental Fee Rental Temp. 4 Yard detachable container $ 16.94 $ 5.64 Rent 6 Yard detachable container $ 16.94 $ 5.64 8 Yard detachable container $ 16.94 $ 5.64 First Add'l 72 hour Daily Delivery Haul Rental Rental Charge Charge Temp. Non-compacted 10 cubic yard Drop-box - •$ 13.50 $ 5.06 $ 51.48 $ 161.35 Drop Non-compacted 20 cubic yard Drop-box 18 $ 15.19 $ 5.60 $ 51.48 $161.35 Box Non-compacted 30 cubic yard Drop-box 15 $ 19.24 $ 6.41 $ 51.48 $ 161.35 Non-compacted 40 cubic yard Drop-box 3 $ 21.67 $ 7,22 $ 51.48 $ 161.35 Miscellaneous Fees: Return Trip $ 24.75 Stand-by Time(per minute) - $ 1.41 Drop-box turn around charge $ 18.00 Hourly Service Fee Hourly Rear/Side-load packer+ driver _ $ 86.95-. Rates Front-load packer+ driver $ 86.95 Drop-box Truck + driver $ 75.61 Additional Labor(per person) $ 33.08 4000 Roll Off_w com'l rec. Page 3 Exhibit B City of Renton Rates Number Total of Service Service Level Customers Fee Weekly One 20 gallon Mini-Cart 1,653 $ 16.89 Residential One 35 gallon Contractor Cart 11,608 _$ 17.82 One 45 Gallon Contractor Cart $ 18.26 Curbside One 64 Gallon Contractor Cart 3,123 $, 18,91 Service One 96 Gallon Contractor Cart 293 $ 20.72 Extras (15 gallon equivalent) 4,745 $ 2.36 Miscellaneous Fees: Extra 96 Gallon Yard Waste Cart Rental $ 2.14 Return Trip Drive-in Charge Sunken Can Item Collected On-Call White Goods, except refrigerators $ 58.31 Bulky Refrigerators/Freezers $ 56.31 Waste Sofas, Chairs $ 58.31 Collection Matresses $ 58.31 **we Res'I_Weekly organics Page 1 Attachment C Rate Modification Examples The collection and disposal components of the customer charges listed in Attachment B will be adjusted separately, as appropriate. The collection component of customer charges will be adjusted annually, pursuant to this section and as described below. Additionally, the disposal component of the customer charges for temporary detachable container customers listed in Attachment B will be adjusted only if the City receives notification from the County of a pending disposal fee adjustment, and will not become effective until the new disposal charges become effective and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustments are provided as follows: Collection Component Adjustment Collection Component Adjustment March 2009 -February 2010 Rates Haul Rate Payment Adjustment Components and Weights (Hypothetical Values for Indexes) Inflation Adjustment 2007 2008 Ratio to Adjustment Component Value Value Base Year Factor Fuel[1]—8% 225.0 270.0 1.2000 Labor[2]—50% 110.0 120.0 1.0909 CPI-W [3]—42% 205.0 217.0 1.0585 Weighted Index _ _ 1.0860 Example: 2009 32 Gallon Cart Collection Fee: $17.82 2009-10 Adjustment Weighted Index (calculated as above): 1.0860 Adjusted 2009-10 32 Gallon Can Collection (non-disposal component)Fee: $19.35 Notes: Energy Information Agency annual West Coast Retail Price Series for On-Highway Diesel Fuel, [1] Index No.PADD5 the Employment Compensation Cost Index for Private Industry,in current dollars,December [2] 2005=100,for Trade,Transportation and Utilities,Series ID No ECU2014000000000I(B,I) the Employment Compensation Cost Index for Private Industry [3] Consumer Price Index Series ID No. CWURA423SAO,Bureau of Labor Statistics,second-half annual index for Urban Wage Earners and Clerical Workers, Seattle-Tacoma-Bremerton Statistical Area. Disposal Component Adjustment In the case of a disposal fee modification at County disposal facilities, the disposal component of each service level will be adjusted as follows: Attachment C C-1 Final—September 2008 �.. Step 1: A = ODC x NTF OTF Step 2: NDC =A +((A-ODC) x Current Excise Tax Rate) Where NDC= The new disposal charge component of the customer rate for a particular service level; and NTF= The new disposal fee, dollars per ton; and ODC = The old disposal charge component of the customer rate for a particular service level; and OTF= The old disposal fee, dollars per ton; and A= Pre-excise tax adjusted disposal component Current Excise Tax Rate= the current State excise tax (0.015 used for this example) For example using the initial one 35-gallon cart rate of$9.57 per month: if the previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will decrease from $82.50 to $75 per ton starting on July 1, 2007, the old disposal component is $3.75, and the State Excise Tax rate is 0.015, the 2007 customer charge for one 35-gallon cart per week residential curbside service would be: New Collection Component=$5.82 x 1 + 144.3 - 143.2 x 0.7 =$5.85 143.2 New Disposal Component= (3.75 x (75/82.50)) plus excise tax adjustment of$-0.005 =$3.40 Thus, the new customer charge for one 35-gallon cart per week residential curbside service will be$5.85 plus $3.40, equaling$9.25. City Franchise Fee Adjustment The City fee will be adjusted in a similar format to the collection component adjustment described above: For Example: New monthly City Fee= $6000.00 x 1.0860= $6,516.00 Attachment C C-2 Final—September 2008 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON DECLARING THE INTENT TO ANNEX AN UNINCORPORATED ISLAND KNOWN AS THE SPRINGBROOK TERRACE ANNEXATION AREA; DESCRIBING THE BOUNDARIES OF THE AREA TO BE ANNEXED; STATING THE NUMBER OF REGISTERED VOTERS RESIDING THEREIN AS NEARLY AS MAY BE; AUTHORIZING A NOTICE OF INTENTION TO ANNEX TO THE BOUNDARY REVIEW BOARD; SETTING A PUBLIC HEARING ON THE PROPOSED ANNEXATION FOR OCTOBER 20, 2008; AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH PUBLIC HEARING. WHEREAS, RCW 35A.14.295 - .299 designates a procedure for the annexation of unincorporated islands when those areas are less than one hundred acres in size and are at least eighty percent surrounded by a city; and WHEREAS, the area identified as the Springbrook Terrace Annexation Area is located within Renton's Potential Annexation Area and is less than one hundred acres in size and is one hundred percent surrounded by the City of Renton; and WHEREAS, the City of Renton seeks to be in accord with King County Countywide Planning Policies by annexing areas in the designated Potential Annexation Areas and by providing those areas with urban services; and WHEREAS, the boundaries of the Springbrook Terrace Annexation Area are identified fully in Attachment B, but can generally be described as south of South 55th Street, east of Talbot Road South, and north of the Springbrook Watershed; and WHEREAS, the Mayor and City Council seek to afford residents and property owners of the Springbrook Terrace Annexation Area the opportunity to be heard by holding a public hearing; and 1 A RESOLUTION NO. 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 Renton City Council hereby declares its intent to consider the annexation of an unincorporated island of territory identified as Springbrook Terrace. The boundaries of the area are shown on Attachment A and a legal description of the area is included as Attachment B. SECTION III. Within the Springbrook Terrace Annexation Area it is estimated that there are 103 registered voters residing in the area. SECTION IV. City staff are hereby authorized and directed to submit the Notice of Intention to Annex to the King County Boundary Review Board. SECTION V. The City Clerk is authorized and directed to set October 20, 2008, asfor thea public date hearing regarding the proposed annexation of the Springbrook Terrace annexation area by ordinance and to give public notice of said hearing by publishing this resolution in a newspaper of general circulation at least one time per week for two consecutive weeks prior to the date of the hearing. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor 2 RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES.1368:9/12/08:scr 3 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR FUNDING OF THE CITY OF RENTON'S PROJECT COORDINATOR FOR THE I-405 WIDENING FROM I-5 TO SR 169, STATE 2. WHEREAS, the State of Washington, through the Washington State Department of Transportation(WSDOT) is in the process of widening I-405 from I-5 to SR169; and WHEREAS, as part of Stage 2 of such widening WSDOT is scheduled to begin construction in early 2009, adding an additional lane to I-405 in each direction from SR167 to SR169, reconstructing Benson Road South from City Hall south over I-405, widening Talbot Road South between South Renton Village Place and South Puget Drive and constructing a half intersection at Talbot Road South; and WHEREAS, it would be a mutual benefit to the City and WSDOT to direct all communications related to the Stage 2 project through a City Project Coordinator; and WHEREAS, WSDOT has agreed to fund that portion of the City Project Coordinator position that is directly related to services rendered solely for the Stage 2 project; and WHEREAS, is necessary to document the terms and conditions under which WSDOT will fund that position; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: RESOLUTION NO. 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 execute the agreement with WSDOT to fund the City of Renton's Project Coordinator for work that is directly related to the 1-405 Stage 2 project. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES :08/01/08:jo CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE GCA COOPERATIVE AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR DESIGN, CONSTRUCTION AND OPERATION OF THE I-405 WIDENING PROJECT FROM I-5 TO SR 169, STAGE 2. WHEREAS, the State of Washington, through the Washington State Department of Transportation (WSDOT) is in the process of widening I-405 from I-5 to SR169; and WHEREAS, as part of Stage 2 of such widening WSDOT is scheduled to begin construction in early 2009, adding an additional lane to I-405 in each direction from SR167 to SR169, reconstructing Benson Road South from City Hall south over I-405, widening Talbot Road South between South Renton Village Place and South Puget Drive and constructing a half intersection at Talbot Road South; and WHEREAS, WSDOT intends to execute this project using the design-bill method of project delivery; and WHEREAS, WSDOT and the City executed a Memorandum of Understanding, dated September, 2004 describing how the two would cooperate during the design and construction of the I-405 projects; and WHEREAS, the cooperative agreement further defines the parties roles and responsibilities related to design and construction of the Stage 2 project; and WHEREAS, is necessary to execute this agreement so that the designed-billed contract will understand the relationship between WSDOT and the City; %k w RESOLUTION NO. Ned 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 the GCA Cooperative Agreement with WSDOT related to the design, construction and operation of the widening project for I-405, I-5 to SR 169, Stage 2. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES :08/01/08:jo `tirrr CITY OF RENTON, WASHINGTON Nome RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON BY INCLUDING A $170,000 ALLOCATION FOR THE ACQUISITION OF OPEN SPACE ALONG PANTHER CREEK. WHEREAS, the City of Renton entered into an Interlocal Cooperation Agreement with King County on June 5, 1990, which provides for the acquisition of monies through the Conservation Futures Levy Fund for the purpose of acquiring open space; and WHEREAS, the City of Renton applied for Conservation Futures funding assistance to acquire certain open space parcels along Panther Creek; and WHEREAS, King County has approved the City's request and authorized the Nip, expenditure of up to $170,000 in matching funds to acquire parcels along Panther Creek in the southern part of the City of Renton; and WHEREAS, the acquisition of the remaining open space lands along Panther Creek in the southern part of the City is consistent with the City's Comprehensive Park, Recreation and Open Space Plan, and further, that the City Council of the City of Renton considers it in the best public interest to acquire these remaining lands; and WHEREAS, Article VI, Section 6.1 of the Interlocal Cooperation Agreement requires that the City take appropriate legislative action to commit funds for the purpose of matching the amounts allocated by King County; and WHEREAS, it is necessary to amend the existing interlocal agreement between the City of Renton and King County to include that additional $170,000 allocation; Nome 1 RESOLUTION NO. 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 amend the existing City of Renton-King County Interlocal Agreement to include the allocation of an additional $170,000 for the acquisition of property along Panther Creek. SECTION III. Any fund assistance so received shall be used to acquire open space land along Panther Creek in the southern part of the City of Renton. SECTION IV. The City's share of the project will be derived from the City's Municipal Facilities Capital Improvement Fund and/or the City's Community Development Impact Mitigation Fund. PASSED BY THE CITY COUNCIL this day of 2008. Nlaid Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1366:8/15/08:scr `quo 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON BY INCLUDING A $200,000 ALLOCATION FOR THE ACQUISITION OF OPEN SPACE ALONG THE MAY CREEK TRAIL CORRIDOR. WHEREAS, the City of Renton entered into an Interlocal Cooperation Agreement with King County on June 5, 1990, which provides for the acquisition of monies through the Conservation Futures Levy Fund for the purpose of acquiring open space; and WHEREAS, the City of Renton applied for Conservation Futures funding assistance to acquire certain open space parcels along the May Creek Trail Corridor; and WHEREAS, King County has approved the City's request and authorized the err expenditure of up to $200,000 in matching funds to acquire parcels along the May Creek Trail Corridor in the northern part of the City of Renton; and WHEREAS, the acquisition of the remaining open space lands along the May Creek Trail Corridor in the northern part of the City is consistent with the City's Comprehensive Park, Recreation and Open Space Plan, and further, that the City Council of the City of Renton considers it in the best public interest to acquire these remaining lands; and WHEREAS, Article VI, Section 6.1 of the Interlocal Cooperation Agreement requires that the City take appropriate legislative action to commit funds for the purpose of matching the amounts allocated by King County; and WHEREAS, it is necessary to amend the existing interlocal agreement between the City of Renton and King County to include that additional $200,000 allocation; 1 RESOLUTION NO. 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 amend the existing City of Renton-King County Interlocal Agreement to include the allocation of an additional $200,000 for the acquisition of property along the May Creek Trail Corridor. SECTION III. Any fund assistance so received shall be used to acquire open space land along the May Creek Trail Corridor in the northern part of the City of Renton. SECTION IV. The City's share of the project will be derived from the City's Municipal Facilities Capital Improvement Fund and/or the City's Community Development Impact Mitigation Fund. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1369:8/27/08:scr -44101 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 9, PERMITS — SPECIFIC, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING A PROVISION TO MAKE UNIFORM THE AMOUNT OF COST CONTRIBUTION TOWARD CITY CAPITAL PROJECTS REQUIRED OF PROPERTIES FOR WHICH FRONTAGE IMPROVEMENTS HAVE BEEN DEFERRED BY RESTRICTIVE COVENANT. WHEREAS, prior to December 5, 2005, the City of Renton permitted the deferral of installation of frontage improvements for certain short plats that met established criteria, upon the recording of a restrictive covenant; and WHEREAS, on December 5, 2005, by Ordinance 5170, the City of Renton revised its policy on allowing deferral of frontage improvements for short plats meeting established criteria; **ow and WHEREAS, Ordinance 5170 eliminated the process of deferral by restrictive covenant requiring cost contribution for improvements from future property owners, replacing this with the requirement that the sub divider pay an up-front fee in lieu of required street improvements; and WHEREAS, there remain many properties with restrictive covenants recorded which require the owners to financially participate in a Local Improvement District or City initiated capital improvement project that provides street frontage improvements; and WHEREAS, the costs to property owners to financially participate in these improvements can be significantly higher than the costs sustained by current sub dividers who pay an up-front fee in lieu of required street improvements; and 1 k ORDINANCE NO. WHEREAS, in order to make the costs of financially participating in a Local Improvement District or a City capital improvement project that provides street frontage improvements more affordable and consistent with the costs of the fee in lieu of required street improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-9-060C.9, Fee in Lieu of Required Street Improvements, of Chapter 9, Permits — Specific, of Title IV (Development Regulations) of Ordinance 4260 entitled "Code of General Ordinances City of Renton, Washington," is hereby amended by adding a new subsection, to read as follows: g. Cost Contribution toward a City Capital Improvement Project for Properties in which Frontage Improvements have been deferred by Restrictive Covenant. Where restrictive covenants have been recorded against a property, requiring the property owner to pay their fair share of street frontage improvements installed as part of a Local Improvement District (LID) or a City capital improvement project and the City undertakes such capital improvement project, the owners of said properties shall pay the City an amount consistent with RMC 4-9-060C.9.d, Amount of Payment of Fee in lieu of Street Improvements. This assessment may be paid in full within 30 days following notice from the City of such assessment, or the payment may be paid over a ten (10) year period, with six percent (6%) per annum interest on the unpaid balance. For payment over time, the owner shall receive a bill from the City for one-tenth (1/10th ) of the unpaid balance plus interest. Payments to be made over time shall become a lien 2 ORDINANCE NO. against the property. A notice of such lien specifying the charge, the period covered by the charge, and giving the address and property identification (PID) number shall be filed with the office of the King County Auditor. When the payment has been received by the City in full, a certificate of payment will be recorded with King County. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1499:09/08/08:scr °4rrre 3 STAFF RECAP COUNCIL MEETING REFERRALS 9/22/2008 MOTIONS REFERRED TO ADMINISTRATION: none Other Requests: none MOTIONS REFERRED TO COUNCIL COMMITTEE: none* *The Consent Agenda items were adopted as presented.