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Council 12/01/2008
/41/1 AGENDA RENTON CITY COUNCIL REGULAR MEETING December 1,2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PUBLIC HEARINGS: a. Mackay Annexation - 60%Notice of Intent to annex petition for 7.39 acres located west of 148th Ave. SE, south of NE 26th St. b. Graffiti Control ordinance 4. ADMINISTRATIVE REPORT 5. 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. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 11/17/2008. Council concur. klore b. Mayor Law reappoints the following individuals to the Advisory Commission on Diversity for two-year terms expiring 12/31/2010: Antonio Cube, Sr., Sandel Demastus, Vern Nichols, and Lari White. Council concur. c. Mayor Law reappoints the following individuals to the Municipal Arts Commission for three- year terms expiring 12/31/2011: Jerri Everett, Doug Kyes, Michael O'Halloran, Patricia Pepper. Council concur. d. City Clerk reports appeal of Hearing Examiner's decision regarding the Whitworth Condominiums Site Plan application(SA-08-083); appeal filed by Wilma Kozai, accompanied by required fee. Refer to Planning and Development Committee. Consideration of the appeal by the City Council shall be based solely upon the record,the Hearing Examiner's report, the notice of appeal, and additional submissions by parties (RMC 4-8-110F.6.) e. Community and Economic Development Department recommends approval of an agreement with the Washington State Depai linent of Natural Resources committing$200,000 towards the removal of derelict dry-docks on Lake Washington offshore from Quendall Terminals. Council concur. (See 8.a. for resolution.) f. Community and Economic Development Department recommends approval of the Renton Lodging Tax Advisory Committee allocation recommendations; approval of a contract with the Renton Chamber of Commerce in the amount of$139,000 to administer the 2009 Visitor Connection Program; and approval of a contract with Hamilton/Saunderson in the amount of $184,000 for implementation of the Community Marketing Campaign's 2009 work program. Refer to Finance Committee. g. Community Services Department submits CAG-08-059,Thomas Teasdale Park Playfield and Irrigation Improvements; and requests approval of the project, commencement of a 60-day lien period, and release of retained amount of$12,418.04 to Spiritridge Construction, Inc., contractor, if all required releases are obtained. Council concur. 414.01 h. Community Services Department submits CAG-07-189, Burnett Linear Park Phase II; and requests approval of the project, commencement of a 60-day lien period, and release of retained amount of$.11,462.75 to Evergreen Landscape & Construction, Inc., if all required releases are obtained. Council concur. (CONTINUED ON REVERS,,E'SIDE) 4 i. Community Services Department recommends budget approval of Change Order#1 to CAG-08- 071, contract with Krueger Sheet Metal, Inc.,in the amount of$5,878.37 for replacement skylights for the City Shops Buildings A-2,B, and C Roof Replacement project. Council concur. j. Community Services Department submits CAG-08-071, City Shops Buildings A-2, B, and C Roof Replacement; and requests approval of the project, authorization for final pay estimate in the amount of$14,240.72, commencement of a 60-day lien period, and release of retained amount of$11,591.25 to Krueger Sheet Metal, Inc., contractor, if all required releases are obtained. Council concur. k. Community Services Department recommends approval of an agreement regarding Renton's allocation of the 2007 King County Parks Expansion Levy. Refer to Finance Committee. 1. Community Services Department recommends approval of a contract in the amount of $48,886.50 with Coby Construction to perform sidewalk repairs at the Gene Coulon Memorial Beach Park bathhouse. Council concur. m. Finance and Information Services Department recommends approval of the 2008 year-end budget amendment ordinance with a total net adjustment of$10,509,056. Council concur. (See 8.a. for ordinance.) n. Finance and Information Services Department recommends approval of a lease/purchase contract in the amount of$371,258.61 with Qwest for the replacement of the City's telephone system (PBX). Refer to Finance Committee. o. Finance and Information Services Department recommends approval of an agreement in the amount of$129,216 per year with GM2 Systems (George McBride) for information services management. Refer to Finance Committee. p. Human Resources and Risk Management Department recommends approval of the 2008 and 2009 administrative services agreement and fee schedule for City employee medical, dental, and prescription claims processed by Healthcare Management Administrators, Inc. and Prescription Card Services/Caremark. Council concur. q. Human Resources and Risk Management Department recommends approval of a contract with R.L. Evans, Co. for healthcare brokerage services, in an amount up to $97,500 through 2010. Council concur. r. Human Resources and Risk Management Department recommends reclassification of five positions, effective 1/1/2009, in the Community Services Department. Refer to Finance Committee. s. Transportation Systems Division recommends approval of the KC Metro Route 110 Partnership Agreement with King County for enhanced transit services, in the amount of$199,743.57 for 2010. Council concur. (See 8.b. for resolution.) t. Transportation Systems Division submits CAG-08-074,2008 Street Overlay with Curb Ramps; and requests approval of the project, authorization for final pay estimate in the amount of $5,806.44, commencement of a 60-day lien period,and release of retainage bond to Western Asphalt, Inc., contractor, if all required releases are obtained. Council concur. u. Transportation Systems Division recommends approval of a contract in the amount of$163,350 with Parametrix, Inc. to complete engineering design and permitting work necessary for the Seaplane Base Dredging and Shoreline Mitigation project. Refer to Transportation(Aviation) Committee. v. Utility Systems Division recommends approval of a contract in the amount of$72,730 with Parametrix, Inc. for engineering and design services for the Elliott Spawning Channel Reconstruction project. Council concur. 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Committee on Committees: 2009 Committee Assignments; Council Correspondence Policy b. Committee of the Whole: 2009 Legislative Priorities; Community Planning Comprehensive Plan Amendment* c. Finance Committee: Vouchers; Identity Theft Prevention Program-Red Flag Policy;Fire 1100.+ Station#11 Upgrades&Repairs Contract with Wagner Architects d. Public Safety: Graffiti Control Ordinance* (CONTINUED ON NEXT PAGE) e. Planning&Development Committee: Title IV Docket-Mobile Food Vendors* £ Transportation(Aviation) Committee: Airport Fuel Flowage Fees* 8. RESOLUTIONS AND ORDINANCES Resolutions: a. Agreement with Washington State Department of Natural Resources re: Dry-docks removal on Lake Washington (See 6.e.) b. KC Metro Route 110 Partnership agreement with King County (See 6.s.) Ordinances for first reading: a. 2008 year-end budget amendments(See 6.m.) b. Graffiti control ordinance(See 7.d.) c. Mobile food vendors regulations Title IV Docket amendments(See 7.e.) d. Airport fuel flowage fee increase(See 7.f.) e. Lake Washington Blvd. properties rezone from IH to UC-N2 (Council approved via Planning& Development Committee Report on 11/10/2008) f. Lake Washington Blvd. properties rezone from CN to UC-N2(Council approved via Planning & Development Committee Report on 11/10/2008) g. Retail sales regulations amendments in the UC-N2 zone(Council approved via Planning& Development Committee Report on 11/10/2008) h. 2008 amendments to City Code regarding Business District Overlays (Council approved via Planning&Development Committee report on 11/10/2008) i. Benson Hill Communities 168th St. Area properties rezone from R-8 to CA(Council approved via Planning&Development Committee Report on 11/10/2008) j. Golf Course and Existing Indoor Recreation Facilities regulations amendments in R-4 zone (Council approved via Planning&Development Committee Report on 11/10/2008) k. 2008 amendments to the comprehensive plan (See 7.b. &Council approved via Planning& Development Committee report on 11/10/2008) Ordinance for second and final reading: 2008 Budget amendment re: Homeland Security Assistance to Firefighter Grant (1st reading 11/17/2008) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7th Floor Council Chambers 4:00 p.m. Graffiti/Vandalism; Downtown Wayfinding; 2009 Legislative Priorities; Community Planning Comprehensive Plan Amendment; Year-end Clean-up Ordinance • 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&9PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT IPM&9 P `SY O ANNEXATION PUBLIC HEARING COUNCIL CONSIDERATION OF 60% DIRECT PETITION TO ANNEX December 1,2008 The City is in receipt of a 60% Direct Petition from property owners in the proposed Mackay Annexation area. Under RCW 35A.14.120, direct petitions to annex are required to have signatures representing at least 60% of the area's assessed value. The King County Department of Assessments certified the signatures on the petition on October 21, 2008. The annexation site is located in the City's Potential Annexation Area near the northeastern portion of the City limits. It is bounded by 148th Avenue Southeast to the east, Southeast 102nd Street and parcel lines to the south, parcel lines to the west, and Northeast 26th Street to the north. In response to testimony at the September 22, 2008 public meeting, the Council reduced the original annexation area from 10.56-acres to 7.39-acres. The area is currently designated by King County as Urban Residential Low 1 du/acre and Urban Residential Medium 4 — 12 du/acre, with R-1 zoning allowing one dwelling unit per gross acre and R-4 zoning allowing four dwelling units per gross acre. The City of Renton designation for the area is Residential Low Density (RLD) on the Comprehensive Plan Land Use Map. The site has been pre-zoned R-1, which allows one residential unit per net acre. Council is holding this Public Hearing in order to give proponents and oppenents the opportunity to speak. Also at this meeting, Council will decide whether it wishes to accept the 60% Direct Petition to annex and whether or not it will authorize the Administration to forward a Notice of Intent to Annex package to the Boundary Review Board for King County to begin their mandatory 45-day review. If . : • LI 111 vt-,.. fa, ilk . r,f. fele fic:',T.,!,:.i':;.: ,'•;?4 oppr /7/1/// ::„.; .'...+.... p . ,,,,,,,,‘'' / .,,:::-:.'" / R :::i: ., , .._ 40 ,t70,4111 diffrto:: ., -1„.!.:7,,,,3 r ..:1 i ,p,„.,,F,...P.i.^ A,'':,,V.W: /• 4 f:;:::, , ,, , ,,_. ... , q E c r, Department of Community Mackay Annexation A &Economic Development ,ok Atex Pietsch,Administrator Vicinity Map Adnan Johnson,Planning Technician ®Mackay Annexation Area October 1,2008 N 0 135 270. Ph:Q.:ce,by Ci +of Renton i+.)w0CR het:: •;if F =tx:.ni;?31�iak'Gts rt�ccar,U. da war�an;Jes ci any:xr4, _.. r€;s;;1•ng lr.i n t liar tai 4)at:cua�t;y,fiats' ,;r F,:e Narcmu 1Eejt`SP'4,15__P Rrectr.'•aonexat,-)nss 1.2,500 rr?tthan:;:kainy;:con :any ihrs pa-r$.0. m ackaytrnxds!i_e ackay.._ersex ;•::it rty rerAi oS-C“ City of Renton PUBLIC INFORMATION HANDOUT December 1, 2008 Graffiti Control Ordinance For additional information, please contact: Jennifer Henning, Current Planning Manager; City of Renton Planning Division; (425)430-7286 ISSUE: Community Services Department, Police Department, and Department of Community & Economic Development request adoption of a Graffiti Control Ordinance. The new ordinance would amend Title VI, by adding a new Chapter 29, titled Graffiti Control. The incidence of graffiti has been increasing in Renton from somewhat evident to overwhelming. Taggers are vandalizing parks, signs, fences, walls, bridges, commercial property, trails, and trees. According to Police, in the six month period from February to August, gang graffiti doubled in Renton. Graffiti hurts our community by decreasing property values, diminishing the perception of safety, lessening quality of life, inviting other unsavory behavior, and draining public and private dollars. City maintenance crews and private property owners are challenged to keep up with cleaning, painting, and removing tags. They are discouraged when structures are tagged multiple times. Police are not able to patrol areas with high graffiti occurrence at all hours; neighbors are reluctant to report taggers due to a fear of retaliation. Without direct observation, prosecution is challenging. For our crews, graffiti removal takes time away from maintaining and improving our parks and public facilities. However, ignoring graffiti is not an option, as it is akin to inviting more taggers to claim an area. The proposed Graffiti Control ordinance seeks to facilitate the removal of graffiti from public and private property to increase pubic safety and improve the quality of life in neighborhoods. This ordinance would make it unlawful to paint, spray, chalk, etch, draw, mark or otherwise apply graffiti on any natural of manmade surface on public or privately owned buildings, structures, or property. Possession of graffiti implements or %'"' paraphernalia would be illegal, provided that intent to conduct graffiti was evident. The ordinance would allow the court to order violators to make mow restitution to the victim for damages or loss caused by the violator's offense, in the amount or manner determined by the court. If the City of Renton used funds Noe or other resources to remove graffiti from city-owned property, or, in agreement with the owner, from non-city-owned property, the City would be considered a victim for purposes of restitution. Such restitution may be in the form of community service. The proposed ordinance would allow for the use of public funds for graffiti removal. In addition, the ordinance allows the City to assign liability to the parents of a minor child who commits graffiti in an amount up to $5,000.00. And, finally, the ordinance would authorize the City to offer a reward, not to exceed $300 for information leading to the identification and apprehension of any person who commits graffiti. RECOMMENDATION: The Community Services Department, Police Department, and Department of Community & Economic Development recommend that the City Council adopt the Graffiti Control Ordinance by amending Title VI and adding a new Chapter 29. CITY OF RENTON COUNCIL AGENDA BILL AI#: d'ipe Submitting Data: For Agenda of: December 1, 2008 Dept/Div/Board.. AJLS Department Staff Contact Denis Law, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Reappointments to Advisory Commission on Diversity 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.. ISUMMARY OF ACTION: Mayor Law reappoints the following to the Advisory Commission on Diversity: Mr. Antonio Cube, Sr., 17711 160th Ave SE, Renton, WA 98058, for a term expiring December 31, 2010. Ms. Sandel Demastus, 1137 Harrington Ave NE, Renton, WA 98056, for a term expiring December 31, 2010. Mr. Vern Nichols, 194 Monterey Place NE, Renton, WA 98056, for a term expiring December 31, 2010. Ms. Lari White, 1315 S. Puget Drive, #C-21, Renton, WA 98055, for a term expiring December 31, 2010. STAFF RECOMMENDATION: Confirm Mayor Law's reappointments of Mr. Antonio Cube, Sr., Ms. Sandel Demastus, Mr. Vern Nichols, and Ms. Lari White to the Advisory Commission on Diversity. CITY OF RENTON COUNCIL AGENDA BILL At#: (0 Co I Submitting Data: For Agenda of: December 1, 2008 Dept/Div/Board.. AJLS Department Staff Contact Denis Law, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Reappointments to Municipal Arts Commission Ordinance Resolution Old Business Exhibits: New Business N/A 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.. I SUIVEVIARY OF ACTION: Mayor Law reappoints the following to the Municipal Arts Commission; all terms expire ,; 12/31/11: Ms. Jerri Everett, 2525 Morris Ave S, Renton, 98055 Mr. Doug Kyes, 527 S. 28th Pl, Renton, 98055 Mr. Michael O'Halloran, 4420 SE 4th, Renton, 98059 Ms. Patricia Pepper, 28934 229th P1 SE, Black Diamond, WA 98010. STAFF RECOMMENDATION: Concur in Mayor Law's reappointments of Ms. Jerri Everett, Mr. Doug Kyes, Mr. Michael O'Halloran, and Ms. Patricia Pepper to the Municipal Arts Commission for terms expiring 12/31/11. CITY OF RENTON COUNCIL AGENDA BILL redo Submitting Data: For Agenda of: December 1, 2008 Dept/Div/Board: AJLS/City Clerk Staff Contact: Bonnie I. Walton Agenda Status Consent X Subject: Public Hearing Correspondence Appeal of Hearing Examiner's decision dated November 4, 2008 Ordinance regarding Whitworth Condominiums; 407 &409 Whitworth Av Resolution S. Application. Old Business (File No. LUA-08-083 SA-H, ECF) Exhibits: New Business • Response letter of C. Cirillo and C. Bennett (11/20/08) Study Sessions • City Clerk's letter (11/10/08) Information • Appeal by Wilma Kozai (11/4/08) • Hearing Examiners' Decision (10/21/08) Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept 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: Appeal of the Hearing Examiner's decision on the Whitworth Condominiums at 407 &408 Whitworth Av S was filed on November 4, 2008 by Wilma Kozai, accompanied by the required $75 fee. STAFF RECOMMENDATION: Council to take action on the Whitworth Condominiums at 407 &408 Whitworth Av S appeal. cc: Jennifer Henning Larry Warren lkipe Rentonnet/agnbiW bh To:Bonnie Walton Page 1 of 2 2008-11-20 23:58:59(GMT) 12062608022 From:Chris Orilla 1-N OF RENTON CNA Niiree Ivor 2 0 2008 IF"1 RECEIVED CITY CLERKS OFFICE: To: Bonnie Walton From: Chris Cirillo Company: (Aoq-S-1-413 Fax Number: 2062608.022 MESSAGE Renton City.Council Bonnie Walton To whom it may concern, This is a response letter supporting our position regarding the appeal submitted by Wilma Kozai. Her appeal is an appeal of the Hearing ExaminerA's decision dated October 21 , 2008, regarding the Site Plan Review and Environmental (SEPA) Reviewfor the construction of the Whitworth Condominums, 407 and 409 Whitworth Ave S. Our response is that Capital Homes will certainly discuss this issue with Ms. Kozai, however, as the alleged existence of a non-record easement is a private dispute between thelandowners, it is not a proper subject for an appeal. The hearing examiner has no role in addressing this issue, and as such this appeal should be denied. Regards, Chris Bennett and Chris Cirillo ro..i+�I 1-1", Inc Date: 2008-11-20 23:58:38 GMT WWW.EFAX.COM Renton City Council Bonnie Walton To whom it may concern, This is a response letter supporting our position regarding the appeal submitted by Wilma.Kozel.- Her appeal is an appeal of the Hearing Examiner's decision dated October 21, 2008,regarding the Site Plan Review and Environmental (SETA)Review for.the construction of the Whitworth Condominurns,407 and 409 Whitworth Ave 5.. Our response Is that Capital Homes will certainly discuss this issue with Ms.Kozai,.however,as the alleged existence of a non-record easement is a private dispute between the landowners,it is not a proper subject for an appeal. The nearing examiner has no role in addressing this issue,and as such this appeal should be denied. Regards, , .." 1". " --"'- ctiiiimiicilvtb e,, Chris Bennett and Chris Cirilla Capital Homes • Y O CITY OF RENTON =u: • City Clerk Denis Law,Mayor Bonnie I; Walton NT November 10, 2008 APPEAL FILED BY: Wilma Kozai RE: Appeal of Hearing Examiner's decision dated"October 21.2008,regarding Site Plan Review &Environmental(SEPA)Review-for the.cons-truction of a 5-story, 58-feet, 5 1/8 inches, mixed-use building ori a 1.4,398.8 square foot site', known as Whitworth Condominiums, 407 &408 Whitworth Av S: (File No. LUA-08-083 SA-H, ECF) To Parties of Record: Pursuant to Title IV, Chapter 8,Renton City Code'of Ordinances, written appeal of the hearing examiner's decision on the Whitworth Condominiums Site Plan Approval has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-110F,within five days of receipt of the notice of appeal, or after all appeal periods with;.the Hearing Examiner have expired, the City Clerk shall notify all parties of record of:the receipt of the appeal. Other parties of record may submit letters limited to support of their positions:regarding the appeal within ten(10) days of the date of mailing of this notification. The deadline for:submission of additional letters is by 5:00 p.m.,Thursday,November 20, 2008. . NOTICE IS HEREBY GIVEN,that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee. The Council Liaison will notify all parties of record of the.dateand time of the Planning arid:Development Committee meeting. If you are not listed in local telephone directories.and wish to attend the meeting, please call the Council Liaison at 425-430-651. for infdrmation. The recommendation of the Committee will be presentedfor consideration by the full Council at a subsequent Council - meeting: Copy of the appeal and the Renton Municipal_;Code:regarding;appeal of Heating Examiner" decisions or recommendations is attached:_:Please note that the City Council willbe considering the merits of the appeal based upon the,:written record previously established. Unless,a showing can be made that additional.evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner,.no further evidence or:test imony on this matter will'be accepted by the City Council: For additional information or assistance,please call me at 425430-6510. Sincerely, Bonnie I. Walton - City Clerk Attachments - cc: Council Liaison '4r.r South Grady Way-Renton,Washington"9$057-(425)430-6510/FAX(42 )430-6516 ir- 1055 ly 1 0 lV AHEAD OF THE CURVE • _, This papercbrrtains 50%recycled material,30%post consumer uIIYOFREN FON APPEAL TO RENTON CITY COUNCIL NOV D 4 2008 OF HEARING EXAMINER'S DECISION/RECOMMENDATION fn.� ,`� k �� t.. RECEIVED ..at ����\ ITl(C,�.E IROFFF8C,E3 APPLICATION NAME W�, "w� FILE NO to f� O`6 �6 sR-c , Ecr The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated a'l , 200`4.. 1. IDENTIFICATION OF PARTY APPELLANT: REPRESENTATIVE (IF ANY): Name: \v` vv' z o` Name: Address: `k \-\ O\P" S Address: 1--s2 v..\-e3 A W - G OS 7 Phone Number: LAa S 7 ag`0C)2-4 1 Phone Number: Email: - Email: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: Correction: Conclusions: ` No. 10 Error: V's�`� �r1 �(�s s - �� moo- s , S \k A- 0—c c e sus Correction: \ S S o` P V �. 0(is\- V\f`Q-w� co,v-\_,A cAsS c�s \- ve- c v.�e�► Other:No. Error: vim- Wd-� �J * 1f 42—y—v--L...v---1 c�cc Q. SS Correction:-TV'-e- v\e..es `S � c"r J oz.s 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other: M oZ0. i �_ O(-4 Appellant/Representative Sikriature Type/Printed Name Date NOTE: Please refer to Title IV,Chapter 8,of the Renton Municipal Code, and Section 4-8-110F,for specific_appeal procedures. c / r\o, , wcJa,3, City of Renton Municipal Code; Title IV, Chapter 8, Section 110—Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110F: Appeals to City Council—Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14)calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or'40050, evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) CITY OF RE .1ON NOV © 4 2008 .p November 4,2008 f RECEIVED CITY CLERKS OFFICE ,41000 Renton City Council 1055 South Gradt Way Renton, WA 98057 SUBJECT: Whitworth Condominiums Appeal File No: LUA-08-083, SA-H, ECF I am appealing the decision made by the Hearing Examiner,Fred Kaufman regarding the Whitworth Condominiums project. Both my partner,Eric Hildenbrand and I attended the two different hearings and stated our objections to this proposal. While I understand the proposal has been approved,the issue of an prescriptive easment was not mentioned in the decision section of the last hearing. Our issue regarding access to my garage was only mentioned in the conclusion section page 7 item 10: "This office would hope that the parties could resolved the access issues for the southerly neighbor's garage where access permission had existed previously." What happens if it is not resolved? I would appreciate if the City Council would recognize an presciptive easement for my access in this case. Thank you for your consideration. Sincerely, ,, \C) Wilma Kozai Resident of 415 Whitworth Ave S Renton, WA 98057 October 21,2008 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes OWNERS: Harold A. Deacy Ole Willey 407 Whitworth Ave S 409 Whitworth Ave S Renton, WA 98055 Renton, WA 98055 APPLICANT: Capital Homes, LLC 16603 107th Place NE Bothell,WA 98011 CONTACT: Chris Cirillo Capital Homes,LLC 20314 132nd Ave NE Woodinville, WA 98072 Whitworth Condominiums File No.: LUA 08-083, SA-H, ECF LOCATION: 407/409 Whitworth Avenue S SUMMARY OF REQUEST: Applicant requested Site Plan Review and Environmental (SEPA)Review for the construction of a 5-story(58 feet, 5-1/8 Nare inches) mixed-use building. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on September 23, 2008 PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the October 2, 2008 hearing. The legal record is recorded on CD. The hearing opened on Thursday, October 2,2008, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Vicinity Map application, proof of posting, proof of publication and other documentation pertinent to this request. Whitworth Condominiums ..ie Approval File No.: LUA-08-083, SA-H, ECF October 21, 2008 Page 2 Exhibit No.3: Site Plan Exhibit No. 4: Landscape Plan Exhibit No.5: Elevations—west and south Exhibit No. 6: Elevations—east and north Exhibit No. 7: Zoning Map Exhibit No. 8: ERC Mitigation Measures Exhibit No. 9: Revised North Elevation Exhibit No. 10: Previous East Elevation for 409 Whitworth Project The hearing opened with a presentation of the staff report by Gerald Wasser, Associate Planner, Development Services,City of Renton, 1055 S Grady Way,Renton,Washington 98055. The project would consist of a 5- story mixed-use building and would be located on the southwest corner of South 4th Street and Whitworth Avenue South in the Downtown Core Area of the City of Renton. The completed project would contain 33 multi-family dwelling units; there would be five levels of residential units with one unit at grade, 9 units on the second and third levels, and 7 units on the fourth and fifth levels. The project would also include a net area of 2,290 square feet of general commercial space. A total of 50 structured parking stalls including 3 accessible parking stalls would be provided. Required parking for the residential units would be 33 parking stalls and 36 are indicated on the plans. The main pedestrian entrance and entry lobby would be from Whitworth Avenue South. The entrance to the commercial space would be on South 4th Street. The density of the proposed project is 100 units per net acre. The Environmental Review Committee issued a Determination of Non-Significance—Mitigated with nine mitigation measures. No appeals were filed. Parks,Transportation and Fire Mitigation Fees were imposed by the ERC. An avigation easement was also required by the ERC. With the addition of 407 Whitworth,the south facade has been stepped away from the single-family residence to the south and the bulk of the structure reduced through the use of varied materials. Other design changes have been made on the north and east facades to soften the apparent mass of the proposed building. The refuse and recycling area would be located on the west side of the building. The project conforms with the Comprehensive Plan objectives and policies. Uses in the Urban Center— Downtown should include a mix of uses, including retail,entertainment,restaurant, office and residential. Development should strive for urban density and intensity and should include no or little setbacks, taller structures,mixed uses, structured parking, and amenities within buildings. The project further complies with existing Land Use Regulations including landscaping and height restrictions. Landscaping is to include planters, street trees and a rooftop terrace common area. There are trees, shrubs and ground covers at the south side of the building. The scale,height and bulk of the proposed building would be unlike structures in the immediate vicinity. It is anticipated that this project would be the catalyst for other similar redevelopment projects in the immediate area. rth Condominiums Site App.ival LUA-08-083, SA-H,ECF .,er 21, 2008 age 3 The two entrance driveways to the building are 24-feet wide and 30-feet wide. Both driveways take access from the 16-foot wide alley on the westerly property line. Some type of warning devices or other safety equipment at both driveways should be installed. Hours of construction activity would be from 7:00 am to 8:00 pm Monday through Friday and between 9:00 am and 8:00 pm on Saturday. Kent Smutny,TSA Architects, 10800 NE 8d'Street,Bellevue,WA 98004 stated that with the acquisition of 407 Whitworth they were able to shift the building to ard�house tothe e north, south. The north side was redesignh allowed them to keep the south ed to e of the proposed building the same height as the neighbors reflect Whitworth and to maintain consistency with the design of the project. Eric Hildebrand,415 Whitworth Avenue S,Renton stated that he is the neighbor directly to the south of this project. He had some concerns regarding his able enter and exit his garage.allow�the newand hdesie gns show as in the past had to cut across the neighbors' property in order to wall where he has been crossing to get into his garage. Secondly,the fence on the south side is his fence. With a space of only three feet from the fence to the building, he is concerned how the construction will take place in such a small space without doing damage or removing the fence and coming onto their property. Lastly, they will be relocating in approximately one year. He is very concerned about the property values and that they most likely may decrease. A five-story condo complex with a school across the street,traffic is going Nkomo' to increase and values most likely go down. Kayren Kittrick,Development Services stated that the alley is dead end and Whitworth is an existing dead-end road. It has been functional to this point. Water and sewer are available in the area, the school is directly across from this development. Whitworth is going to remain quiet because it is a dead end road,the additional parking that the applicant has created should minimize any additional parking on the street. The Examiner inquired about the access to the garage facing to the north,perhaps the garage door could be relocated to face the alley to provide access for Mr.Hildebrand. He asked the applicant if he had any suggestions to solve this problem. Chris Cirillo, Capital Homes,LLC, 20314 132nd Ave NE,Woodinville, WA 98072 stated that he had not had an opportunity to review the parking situation as yet,but would review the situation as they move forward with the project. On a site visit a few months back,he did not see that there would be an issue with the building being located as shown on the plans,but he will look specifically at the situation and make some measurements. The Examiner called for further testimony regarding 41project. o e t. There was no one else wishing to speak, and no further comments from staff. The hearing closed FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: Ntive 1. The applicant, Capital Homes LLC, Chris Cirillo, filed a request for a Site Plan approval of mixed-use condominium complex. Whitworth Condominiums tie Approval File No.: LUA-08-083, SA-H, ECF October 21, 2008 Page 4 2. The yellow file containing the staff report, the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC), the City's responsible official issued a Determination of Non-Significance-Mitigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The proposal would include 33 residential units as well as 2,290 square feet of commercial space oriented to the north. This is an expanded proposal of an earlier complex that would have contained 16 residential units. The earlier proposal was located one lot from the corner of South 4th Street and Whitworth Avenue South and was located between two existing single-family homes. The City Council approved that earlier proposal reversing a Hearing Examiner decision that had conditioned the proposal on reducing the height of the residential building. The City Council found that the existing Zoning and Comprehensive Plan goals and policies permitted the 16-unit building as proposed. 6. The applicant has since acquired the corner lot so that the proposed complex is no longer sandwiched between two low-rise single-family homes. The expanded property now is a corner lot located on the southwest corner of South 4th Street and Whitworth Avenue South. The subject site is approximately 14,321 square feet. The parcel is approximately 120 feet wide along Whitworth by 120 feet deep. 7. The subject site includes parcels located at 407 and 409 Whitworth Avenue South. The property is located on the west side of Whitworth and on the south side of S 4th Street. An alley runs along the rear NIS or west side of the lot and Shattuck Avenue South is located west of the alley. Whitworth is a deadend street in this location with the railroad tracks located south of the block. The alley also deadends to the south. 8. Saint Anthony's church is located north of S 4th Street. Single-family homes are located east of the site across Whitworth and south of the subject site. West, across the alley, are additional single-family homes and an office. 9. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of urban center-downtown uses,but does not mandate such development without consideration of other policies of the Plan. 10. The subject site is currently zoned CD (Center Downtown). 11. The subject site was annexed to the City with the adoption of Ordinance 156 enacted in May 1909. 12. The subject site is level. Two existing single-family homes are located on the subject site. The homes would be removed if the proposal were approved. 13. Access to the property would be along Whitworth on the east and S 4th Street on the north and to the rear of the parcel along the alley on the west side of the parcel. The alley is a partially improved roadway 16 feet wide. 14. The applicant proposes erecting a mixed-use residential condominium and commercial complex on the subject site. The building would contain 33 residential units in a five-story(5-story)building. Commercial space would be located along the north facade facing South 4th Street. Whitworth Condominiums Site Approval File No.: LUA-08-083, SA-H, ECF October 21, 2008 Page 5 15. The building would be 58 feet 5-1/8 inches tall or about 2 feet shorter than the previous proposal. The CD zone permits buildings 95 feet tall(with provisions for taller buildings). 16. The proposed building's footprint would be approximately 10,639 square feet and would cover 74 percent of the site. 17. The entire structure would contain 48,498 gross square feet over the five stories. 18. The applicant proposes a building that uses a variety of techniques on the facades and rooflines to reduce the apparent bulk of the five-story building. There will be modulations and bays along the facades stepping the building's walls inward and outward. The applicant will be using hipped and gabled roofs on the building(the applicant has abandoned plans to use less attractive shed roofs on the north elevation). The south side of the building will attempt to mirror the lower height of the adjacent single family home(zoned for commercial use). It will do so by stepping the building in from the two- story height line thereby placing the upper stories further to the north creating a wedding cake facade on the south. Wood trellis trim will be located on the walls to provide some architectural detail. Window sizes have also been increased to break up the facade of the south aspect. 19. The construction materials will be concrete masonry units on the lower garage walls and plank and panel boards higher up on the facade. The north facade would be dominated by commercial storefronts at the ground level and upper story treatments similar to the remainder of the building. 20. The density for the building would be 100 dwelling units per acre. The CD zone permits a maximum density of 100 dwelling units per acre(and up to 150 with a Conditional Use Permit). 21. The applicant will be providing parking for 50 vehicles, which is 10 more than mandated by code. A modification has been granted to allow this additional parking. 22. Access to parking will be provided from the alley via two driveways. 23. There would be landscaping along the east(Whitworth)residential facade,the north facade and along the alley. A variety of plant materials including trees, shrubs and groundcovers would be used along these facades. 24. Based on the ERC's transportation fee,approximately 240 trips would occur. These would occur throughout the day with approximately 10 percent in the morning and afternoon peaks. Staff noted that the Transit Center is located north of the proposal and is within walking distance. 25. The subject site is located in the Airport Influence Area(AIA) and below the flight path to and from Renton Municipal Airport. It will not intrude into the airspace but will be affected by flight noise. Therefore, avigation easements would be required for each residential unit. 26. In addition to the Site Plan approval criteria,the subject site is subject to the District'A'Urban Design Regulations. The design regulations contain both discretionary guidelines and mandatory minimum standards. 27. The property owner to the south noted that their garage access had been accommodated by the prior Nese property owner. The garage opens to the north and has very tight maneuvering but access across a section of the adjacent lot provided reasonable access. The current proposal's design would probably crowd the access or preclude it entirely. There was also concern about the scale and size of the Whitworth Condominiums ,).,e Approval File No.: LUA-08-083, SA-H, ECF October 21,2008 Page 6 building and the increase in traffic. 28. Staff evaluated the Design Standards and found that the proposal satisfied those standards and found that the proposal met the Zoning Regulations and the Comprehensive Plan's goals and policies. CONCLUSIONS: 1. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; c. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 2. The subject proposal, in a way an expansion of a project previously approved by the City Council presents less of an issue than that prior project. This proposal no longer intrudes between two single- family homes. It represents a more orderly transition to the more intense uses represented by the Zoning Codes'CD Zoning and the City's Comprehensive Plan. Clearly, it will still introduce dramatic changes to the neighborhood but the design reduces the bulk of the building along its south aspect potentially reducing the shadow, shading and looming bulk over the neighboring single-family home. The proposal presents the change anticipated by the earlier adoption of more intense zoning that adopted the Comprehensive Plan's goals for downtown densities in areas immediately south of the urban core. In addition,the City Council by granting an appeal allowing a taller building, has clearly found the changes represented by that earlier proposal appropriate for this neighborhood. This new proposal presents a more refined project incorporating both residential and commercial uses that even more closely achieve the goals of urban uses for this area. The facades provide interesting details including hip or gable roofs,modulations reducing the length of straight walls and the use of varying materials to breakup the vertical and horizontal planes of the building. As was noted in the prior report -the project appears to be generally well designed. It steps back as it increases in height, it has included an interesting mixture of facade materials, and it includes modulations and articulated surfaces and has varied rooflines. It has more landscaping elements this time. The building's overall height has also been reduced while covering a larger area. In the main,the project should provide an interesting transition but, again, there is no escaping that the changes to the block will be noticeable and probably profound. The City wants to encourage a change or conversion of this area and this project,now a ,, corner project appears to be the first in what may be a series of changes. As this office previously reported,neighbors will have to accept that change to their rezoned neighborhood is inevitable. While it Whitworth Condominiums Site Approval File No.: LUA-08-083, SA-H, ECF October 21, 2008 Page 7 could still be considered intrusive, it is less intrusive since it no longer occurs in between two lower- scale single-family homes. The corner parcel allows the transition to start at a natural boundary, South 4th Street. 3. The proposal is compatible with the Comprehensive Plan and the Zoning Code. Both documents call for this area to achieve urban densities and urban scale. This five-story building accomplishes both goals. 4. The use of varying materials in the facade coupled with the vertical and horizontal modulations reduce the apparent bulk and, on the south side of the building,reduce the actual bulk by stair-stepping the walls inward to the north on the upper stories. These features reduce the impacts on the community. The proposal will clearly have some impacts beyond those of the single-family homes it is replacing. There will be more traffic and the increased allotment of parking could exacerbate that. At the same time, increased on-site parking should reduce on-street demands for parking and could reduce traffic since fewer cars will be searching for limited parking. 5. The proposal will be covering approximately 74 percent of the lot but the applicant will be providing landscaping along the two streetscapes as well as along the alley. The terraced stepbacks in the building will allow more air and light to circulate on the site and on adjacent sites. 6. Initially the proposal may have an adverse impact on adjacent property values as single-family homes but the zoning for higher density should offset these impacts. N11rr' 7. The parking and alley access appears to provide reasonable access. There could be complications with garbage trucks and alley access. 8. The project should have the full complement of City utility services. 9. In conclusion, the project will change the character of this neighborhood but not in ways that were unanticipated by the Zoning Code and Comprehensive Plan changes that preceded it. The project appears well designed and takes advantage of the larger corner by providing better upper-story setback on the south where a single-family home is currently located. 10. This office would hope that the parties could resolve the access issues for the southerly neighbor's garage where access permission had existed previously. DECISION: The Site Plan is approved subject to the following conditions: 1. The applicant shall comply with the conditions imposed by the ERC. 2. The installation of mirror,warning devices or other safety equipment at both driveways shall be incorporated into the final building design and completed prior to the issuance of the certificate of occupancy. The satisfaction of this requirement is subject to the review and approval of the Planning Division Project Manager at the time of building permit review. ,e 3. A board depicting materials to be used on the facades of the proposed building shall be submitted. The satisfaction of this condition is subject to the review and approval of the Planning Division Project Manager at the time of building permit review. Whitworth Condominiums oite Approval File No.: LUA-08-083, SA-H,ECF October 21, 2008 Page 8 Noid 4. Avigation easements shall be provided by the applicant, subject to the review of the City Attorney, and recorded prior to issuance of occupancy permits. ORDERED THIS 21st day of October 2008. - ; VOs -- r FRED J. KAUFI HEARING E • INER TRANSMITTED THIS 21St day of October 2008 to the parties of record: Gerald Wasser Kayren Kittrick Kent Smutny Development Services Development Services TSA Architects City of Renton City of Renton 10800 NE 8th Street Bellevue,WA 98004 Eric Hildebrand Chris Cirillo 415 Whitworth Avenue S Capital Homes, LLC Harold A. Deacy Renton, WA 98057 20314 132nd Ave NE 407 Whitworth Ave S Woodinville,WA 98072 Renton,WA 98057 Ole Willey *a 409 Whitworth Ave S Stephanie&Rick Clarey Trish Johanson McCarthy Renton, WA 98057 419 Whitworth Ave S 6161 NE 175th Street, Ste.200 Renton,WA 98057 Kenmore,WA 98028 Louis Barei 614 S 18th Street Rosalie Higgins Kelly Ann Higgins Renton,WA 98057 417 Whitworth Ave S 417 Whitworth Ave S Renton, WA 98057 Renton,WA 98057 Donna Schlager, Administrator St. Anthony's Parish 314 S 4th Street Renton,WA 98057 TRANSMITTED THIS 21st day of October 2008 to the following: Mayor Denis Law Dave Pargas, Fire Jay Covington, Chief Administrative Officer Larry Meckling,Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman, PBPW Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts,Development Services Stacy Tucker, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,November 4, 2008. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the • Whitworth Condominiums Site Approval File No.: LUA-08-083, SA-H, ECF October 21, 2008 Page 9 discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,November 4,2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Project Location: 407/409 Whitworth Avenue S �t�� ' 4 err" # r w �f',,,;.:,,"i -,7-:; SITE . � ii iF ��; :,4 I � � i � i.:' � i.,._.a.� � &k �? `.�ice`� N. 3t,, . U :;'/Z //r t E, r S AF 14r ' Vf i.-� . ' ai i, C _ , —: !. - - ., ' W-i': : c 11� f 2 it g' ,t Jam' y G s • 5Sr (11 io a. er -a -16 I- V r k 111it 7700 0 L SHATTUCK AVE 5 n O (D N RI N o � \ w 0 73 WHITWORTH AVE 5 tt' O A 0 rn d A IJ �0G .) N SCS cn I= -P. 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ALL MATERIALS TO BE DISPOSED OF OFFSITE ARE TO BE DISPOSED OF IN A LAWFUL LANDFILL AND IN ACCORDANCE WITH GOVERNMENT REQUIREMENTS. N Scale. 1'-10'-0" r 4. THE CONTRACTOR IS RESPONSIBLE FOR LOCATING UTILITIES PRIOR TO BEGINNING CONSTRUCTION. GALL DML-A-DIC 1-800-424-5555 PRIOR 70 DIGGING. NAN Ar lietalnlin 5. AVOID DAMAGE ABOVE AND BELOW GROUND TO 0051160 PLANT MATERIALS TO REMAIN. 6. PLANT MATERIAL LOCATIONS SHALL BE COORDINATED WITH SPRINKLER IRRIGATION HEAD LOCATIONS TO AVOID CONFLICTS. J 7. GROUNDCOVERS SHALL BE PLANTED IN A TRIANGULAR PATTERN AT SPACING SHOWN IN LEGEND OR X SCHEDULE. WHERE GROUNDCOVER ABUTS CURBING.WALLS OR WALKS,MINIMUM PLANTING DISTANCE NESCAFE PLAN SHALL BE NINE(9)INCHES FROM SAME. I Y 8. PGRADES EEPER THAN 3:1 SLOPE SHALL T COVERED W/EROSION CONTROL NETTING H ,NO. PRIOR TO PLANTING SEE SPECS.NETTING SHALL BE TOP DRESSED WITH 7W0(2)INCH DEPTH OF BARK MULCH PER SPECS. De _2.0 9. 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' 10B00 N E Sth St.Suar 3130 .:Ar7.,r.e.rol • fl 0 Bak.,WA 98.1 a RENTON,WA = . -: • Mnli ."'4°'443'4" ' 407 8.409 WHITWORTH AVE S L --- .... J .. E3 — 07 T23N R5E E 1/2 \ \, I 1 I I a_It—I L—.Rl A�^J::F L, L CA 1 R-8 RM-F CA EXHIBIT 7 NW 3rd PiA ‘44,11110' 151 V Im o r m I z 3IM \ 3 IIaNW 3rd Sta m r 0 a R-10 .. N 2nd St N Airyort Way CA h CA J Il,\PO CA°A CA ro CD \,,,, R-10 y N 111601 Ili aj- S Tobin s[ 11',e S Tobin St '>1-- �� R-8 CD a' CA —1 CD soy"`,. CD I' N R-10 CA CD _ @ �,`�_� �IR�.m, CD ' CD RM-U H+ iI CA J W -- \ _ CD CD N �j ' a tna S: (a szna ! 4 R-8 R-10 M �. m CO b NN t F 1 � E' -— D - m CD CD CD m CDNOW CD _- I • I 1 MEpp 5�Sunset 51,140 \ S 3 d St n m I� 1 CD la CD . . a mCD, I CD' 1 ; CD =" CD N 0 ' o _ 1 p 3 � r CD CD �y s3iPi d CD 3 CD CD CD CD e t .• CD 0�,q ....., N sate t r . .15. CD COiig gi ,...1 CD (CD o m ;lm y ..M i is,,,,,,, cti- CA dSthSIU RM- RM- RM- I 1 w L T T RM- RM-m T -CD T m RM-U 3 - $ E c?) -RM-U- ._. M-T 1 RM-U/ CD 471---mR_ RM-T RM- RM- J CA Pm_ T T ai N U - .. .. �a+VCO RM-U RM- RM- y� m . CA x CA 2 / CA P � CA 1.1 ( CA CA G3 — 19 T23N R5E E 1/2 F3 1-Y 0 © ZONING ° Z°� 4J00 18 T23N R5E E 1/2 PW TECHNICAL SERVICES I� ° Feet ��N T 07/15/08 1:4,800 5318 CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE-MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA08-083, ECF, SA-H EXHIBIT 8 APPLICANT: Capital Homes, LLC PROJECT NAME: Whitworth Condominiums DESCRIPTION OF PROPOSAL: The applicant is requesting Hearing Examiner Site Plan Review, a parking code modification, and Environmental (SEPA) Review for the proposed construction of a 5-story, 58-feet, 5 1/4-inch tall mixed-use building on a 14,321 square foot site within the Center Downtown (CD) zoning designation, the Urban Center Downtown Comprehensive Plan designation and the Urban Center Overlay District A. Two existing single-family residences, each with a detached garage would be removed from the site to accommodate the proposed project. The proposed building would include 25,884 square feet of residential space in 33 residential units (24 one-bedroom and 9 two-bedroom), 2,290 square feet of commercial space, and 50 parking stalls (including three accessible parking stalls) of at-grade and under building structured parking. Vehicular access to the proposed building would be via the alley along the western property line. LOCATION OF PROPOSAL: 407 &409 Whitworth Avenue S LEAD AGENCY: The City of Renton Department of Community& Economic Development Planning Division MITIGATION MEASURES: 1. The applicant shall utilize the report, "Preliminary Geotechnical Recommendations," by Robert M. Pride, LLC, Consulting Engineer, dated June 11, 2008, in the design and construction of the proposed structure. 2. Due to the proximity of existing structures on properties abutting to the north and south of the project site, piles shall be auger cast as recommended by the geotechnical report. 3. A temporary erosion control plan shall be required to be installed and maintained for the duration of construction of the project. The plan must comply with the Department of Ecology's Erosion and Sediment Control Requirements as outline in Volume II of the most recent edition of the Stormwater Management Manual. The plan must be submitted and approved by the Development Services Division prior to issuance of the utility construction permit. 4. The applicant shall submit a"materials board" indicating the materials and finishes proposed for all exterior surfaces of the building. The proposed materials and finishes shall be approved by the Planning Division prior to issuance of the building permit. 5. The project shall be subject to the Parks Mitigation Fee of$354.51 for each new multi-family residential unit. This amount is estimated to be $10,998.81, and shall be payable prior to issuance of the building permit. 6. The proposed project shall be subject to a Transportation Impact Fee of$75 per trip, estimated at $18,000.00. This fee shall be payable prior to issuance of the building permit. 7. The project shall be subject to the Fire Impact Fee, prior to issuance of the building permit. The fee, at $388.00 per new multi-family unit and $0.52 for each square foot of commercial space, is estimated to be $13,994.80. 8. Avigation easements shall be provided by the applicant, subject to the review and approval by the City Attorney, and recorded prior to issuance of occupancy permits. 9. 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Natural Resources and contribution of$200,000 for Ordinance removal of two derelict and abandoned drydocks on Resolution Lake Washington Old Business Exhibits: New Business Inter-Agency Agreement Study Sessions Resolution Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required $200,000 Transfer/Amendment Amount Budgeted $200,000 Revenue Generated Total Project Budget $200,000 City Share Total Project.. SUMMARY OF ACTION: Since 2005, the City has been working with the state Department of Natural Resources on the removal of two derelict and abandoned drydocks on Lake Washington off shore from Quendall Terminals. The total expected cost for the removal is approximately $3 million and the City has been asked to contribute $200,000. STAFF RECOMMENDATION: Approve expenditure of$200,000 for the state's removal of derelict and abandoned drydocks on Lake Washington offshore from Quendall Terminals and authorize the Mayor and City Clerk to sign an inter- agency agreement with the state Department of Natural Resources. C:\DOCUME-1\BWalton\LOCALS-1\Temp\Derelict Vessel Removal Agenda Bill-ILA-11-08.doc s STATE OF WASHINGTON Ailow DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands INTERAGENCY AGREEMENT WITH CITY OF RENTON Agreement No. IAA 09-38 This Agreement is between the City of Renton(hereinafter"City") and the Washington State Department of Natural Resources, (hereinafter"DNR"). The DNR and the City of Renton enter into this Agreement under authority of Chapter 39.34 RCW of Washington State, Interlocal Cooperation Act. The purpose of this Agreement is to create a funding agreement which will allow City to contribute funding to the Lake Washington Dry Docks removal project being conducted by DNR. IT IS MUTUALLY AGREED THAT: 1.01 Statement of Work. The DNR shall directly, or though contract, furnish the necessary personnel, equipment,material and/or services and otherwise do all things necessary for performing the removal project. The work shall remove two sunken and abandoned dry docks Nosy located off the shoreline of the City of Renton. 2.01 Period of Performance. The period of performance of this Agreement shall begin on the date the DNR issues the Notice to Proceed to its contractor and end when the funding for this project has been completely expended by DNR for the purposes set out herein, or on December 31, 2008, whichever occurs later. 3.01 Payment. The City shall irrevocably commit Two Hundred Thousand Dollars ($200,000.00) to DNR to pay for the work. The City shall pay said amount to DNR upon being billed. Such billing is anticipated to occur in November, 2008. 3.02 Use of Funds. DNR may utilize the City's funds for any purpose and in any location consistent with the goal of this agreement, which is to remove the two sunken dry docks from Lake Washington. DNR may combine the City's funds with other funds to accomplish the purpose of this agreement. None of the funding provided by City may be utilized for administrative overhead, or other indirect costs. 4.01 Billing Procedures. DNR shall submit periodic invoices to the City. Payment to the DNR will be made by the City within thirty(30) days of receiving the invoice. When the contract expires, any claim for payment not already made shall be submitted within thirty(30) days after the expiration date or the end of the fiscal year, whichever is earlier. Form Date 09/97 1 of 5 Agreement No.09-38 5.01 Records Maintenance. The parties to this Agreement shall each maintain books, records, documents and other evidence, which sufficiently and properly reflect all direct 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. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, and any persons duly authorized by the parties shall have full access to and the right to examine any of these materials during this period. Records and other documents in any medium furnished by one party to this agreement to the other party,will remain the property of the furnishing party,unless otherwise agreed. The receiving party will not disclose this material to any third parties without first notifying the furnishing party and giving it a reasonable opportunity to respond. Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by DNR. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements,books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to use, copyright,patent, register and the ability to transfer these rights. 7.01 Independent Capacity. The employees or agents of each party who are engaged in performing this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 8.01 Amendments. This Agreement may be amended by mutual agreement of the parties. Amendments shall be in writing and signed by personnel authorized to bind each of the parties. 9.01 Termination. Either party may terminate this Agreement by giving the other party thirty (30) days prior written notice. If this Agreement is terminated, the terminating party shall be liable to pay only for those services provided or costs incurred prior to the termination date according to the terms of this Agreement. 10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of the terms and conditions, the aggrieved party will give the other party written notice of the failure or violation. The aggrieved party will give the other party fifteen (15) working days to correct the violation or failure. If the failure or violation is not corrected within fifteen (15) days, the aggrieved party may immediately terminate this Agreement by notifying the other party in writing. 11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party to this agreement shall appoint a member to the dispute board. These board members shall Form Date 09/97 2 of 5 Agreement No.09-38 jointly appoint an additional member to the dispute board. The dispute board shall evaluate the facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute board's determination shall be final and binding on the parties. As an alternative to the dispute board, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330. In this case, the Governor's process will control the dispute resolution. 12.01 Governance. This contract is entered into the authority granted by the laws of the State of Washington, the laws of the City of Renton, and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. If there is an 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: (1) Applicable State, City and federal statutes and rules; (2) Statement of Work; and (3) Any other provisions of the agreement, including materials incorporated by reference. 13.01 Assignment. DNR may contract with third parties to fulfill its obligation to perform the work of this agreement according to its usual practice, and under its statutory authority. Any claim arising from this agreement can not be assigned or delegated in whole or in part by either party, without the express prior written consent of the other party. Neither party shall Now unreasonably withhold consent. 14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded from subsequently exercising its rights. A party's rights may only be waived through a written amendment to his agreement. 15.01 Severability. The provisions of this agreement are severable. If any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement that are effective without the invalid provision remain valid if the agreement formed by the remaining clauses conforms to the requirements of applicable law and the fundamental purpose of this agreement. 16.01 Complete Agreement in Writing. This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. 17.01 Contract Management. The Project Coordinator for each of the parties shall be the contact person for this agreement. All communications and billings to the City will be sent to the project coordinator for the City. 18.01 Project Coordinators. Nor (1) The Project Coordinator for the City is Suzanne Dale-Estey, Form Date 09/97 3 of 5 Agreement No.09-38 City of Renton Telephone Number: (425) 430-6591 Nei19 (2) The Project Manager for the DNR is Melissa Montgomery, Derelict Vessel Removal Program Manager Telephone Number: (360) 902-1574 IN WITNESS WHEREOF, the parties have executed this Agreement. City of Renton Dated: , 20 By: Title: Address: Renton City Hall, Sixth Floor 1055 South Grady Way Renton, WA 98057 Phone: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: , 20 By: Fran McNair Title: Aquatics Steward Address: 1111 Washington St SE, PO Box 47027 Olympia, WA 98504-7027 Form Date 09/97 4 of 5 Agreement No.09-38 Attachment A STATEMENT OF WORK The DNR and City of Renton desire the removal of two sunken dry docks from Lake Washington in within the Shoreline Jurisdiction of the City of Renton. DNR will provide directly, or though contract with third parties, all the resources for completing all related design work, contract management and oversight,permitting,bidding of the construction, and contracting the work to remove, transport, and dispose of the structures described in this agreement. The DNR or its contractor(s) is responsible for securing all the necessary permits and project reviews including archaeological and historical review. / / / / / / END STATEMENT OF WORK Form Date 09/97 5 of 5 Agreement No.09-38 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTER-AGENCY AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES FOR THE PURPOSE OF ALLOWING THE CITY OF RENTON TO CONTRIBUTE FUNDING TO THE LAKE WASHINGTON DRY DOCKS REMOVAL PROJECT. WHEREAS, since 2005, the City has been working with the State of Washington Department of Natural Resources (DNR) on the removal of two derelict and abandoned drydocks on Lake Washington off shore from Quendall Terminals; and WHEREAS, the City has been asked by the DNR to contribute $200,000 of the approximate $3,000,000 cost for removal of the drydocks; and WHEREAS,the parties wish to memorialize the City's contribution in writing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorizing to enter into the Inter-Agency Agreement with the State of Washington Department of Resources, Agreement No. IAA 09-38, for the purpose of allowing the City of Renton to contribute funding to the Lake Washington Dry Docks Removal Project. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES::11/25/08:scr ''grow 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: For Agenda of: Dept/Div/Board.. CED December 1, 2008 Staff Contact Alex Pietsch x6592 Agenda Status Consent X Subject: Public Hearing.. Allocation of 2009 Lodging Tax funding Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Contract with the Renton Chamber of Commerce Study Sessions Contract with Hamilton/Saunderson Information Lodging Tax Advisory Committee Report Recommended Action: Approvals: Refer to Finance Committee Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... $326,000 Transfer/Amendment Amount Budgeted $341,700 Revenue Generated Total Project Budget $341,700 City Share Total Project.. SUMMARY OF ACTION: The Lodging Tax Advisory Committee recommends allocation of City Lodging Tax collections for 2009 as follows: $139,000 to the Renton Visitor's Connection (RVC), $119,000 to the Renton Community Marketing Campaign (which will be augmented by anticipated contributions from Campaign stakeholders totaling $65,000), and $3,000 to the City of Renton Community Services Department. Contracts with the Renton Chamber of Commerce, which administers the RVC work program, and Hamilton/Saunderson, which coordinates the Community Marketing Campaign activities are now necessary to implement each organizations 2009 work program. STAFF RECOMMENDATION: Accept the recommendations of the Lodging Tax Advisory Committee and authorize the Mayor and City Clerk to sign a contract with the Renton Chamber of Commerce in an amount not to exceed $139,000 to administer the Renton Visitor's Connection 2009 work program and another with Hamilton/Saunderson in an amount not to exceed $184,000 to implement the Community Marketing Campaign's 2009 work program. DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM DATE: November 24, 2008 TO: Marcie Palmer, President Members of the Renton City Council VIA: Denis Law,Mayor FROM: Alex Pietsch, Administrator(x 6592) SUBJECT: Allocation of 2009 Lodging Tax Funding Issue: Should the City Council accept the recommendation of the Renton Lodging Tax Advisory Committee to allocate lodging tax revenues to support tourism and community marketing and authorize the signature of contracts to implement these work programs? Nese Recommendation: Accept the recommendation of the Renton Lodging Tax Advisory Committee and authorize lodging tax collections as follows: • $119,000 to the Renton Community Marketing Campaign; • $139,000 to Renton Visitor's Connection; and • $3,000 to the City of Renton Community Services Department for reproduction of the South King County Trails Map. Additionally, the City Council should authorize the Mayor and City Clerk to sign two contracts: 1) with the Renton Chamber of Commerce in an amount not to exceed $139,000 to administer the Renton Visitor's Connection 2009 work program, and 2) with Hamilton/Saunderson in an amount not to exceed $184,000 to implement the Renton Community Marketing Campaign's 2009 work program. Background: Renton Visitors Connection In 1999, the Greater Renton Chamber of Commerce received Lodging Tax revenues for promotion of tourism-related activities in Renton. The Renton Lodging Association was born out of this effort. As a committee of the Chamber of Commerce, its membership is Now, made up of 10 Renton hotels. By partnering together and pooling resources through this promotional effort, the Association has been able to enjoy additional successes. The Renton Lodging Association has put together successful promotional events by targeting and marketing to IKEA shoppers who come to Renton from the Portland-area, Eastern Washington residents coming over for Seattle Mariner and Seahawk games, and corporate representatives that book hotel rooms for their clients and employees. In 2003, the group changed its name to Renton Visitors Connection(RVC). Under the leadership of Chamber CEO Bill Taylor, the RVC is proposing an impressive set of initiatives for its 2008 Renton Visitors Connection tourism promotion campaign. The specifics of the Campaign are attached. It is budgeted at $139,000. Renton Community Marketing Campaign In 1998, the Renton City Council authorized the City's participation in the Renton Community Marketing Campaign in conjunction with other key community stakeholders. The goal was to leverage marketing dollars in the community, by collectively promoting Renton as an outstanding place to work, live, learn, shop, visit, and have fun. Stakeholders, in addition to the City, include: the Renton School District, Renton Technical College, Valley Medical Center, the Greater Renton Chamber of Commerce and the Renton hotel industry. The Renton Community Marketing Campaign goals tie directly to the City's Business Plan objectives and focus on promoting a consistent identity that builds on the appeal of Renton's residential, educational, and business opportunities. The first ten years of the campaign have been a tremendous success in both the Renton community and the Greater Puget Sound Region. Our branding slogan: "Renton. Ahead of the Curve,"and using"We Chose Renton"testimonials to convey our message have been effective. In its 11th year, the Campaign will carry on this theme with advertisements speaking to why Renton is "The center of opportunity in the Puget Sound Region where families and business thrive" for business, education, healthcare, tourism, etc. The bottom line: people are choosing Renton as a great location to open or relocate a business,buy a house, and educate young children. Stakeholders have overwhelmingly agreed that this kind of comprehensive community effort has been very successful. They have all committed to participate in a continuation of the Renton Community Marketing Campaign. The Campaign's proposed activities are described in the attached 2009 Renton Community Marketing Campaign Action Plan. South King County Trails Map In 2007,the City's Community Services Department used $5,000 of lodging tax funds to support the production of a South King County Trails Map. Originally, the City received 5,000 copies of this popular guide to the region's extensive network of trails. That supply is now nearly exhausted and the Department has requested $3,000 to fund a reprinting of the map. The Lodging Tax Advisory Committee met on November 24, 2008 to consider each of these requests and recommends City Council approval. Attachments: Lodging Tax Advisory Committee report Renton Chamber of Commerce contract and Renton Visitors Connection 2009 work program and budget Hamilton/Saunderson contract and Renton Community Marketing Campaign 2009 work program and budget CONSULTANT AGREEMENT THIS AGREEMENT is made as of the day of , 20 , between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and the Renton Chamber of Commerce, a Washington Non-Profit Corporation, hereinafter referred to as "CONSULTANT", for their services related to the Renton Visitors Connection Tourism Marketing Campaign. Information shall be made available for use by the City of Renton Staff and City Council. The CITY and CONSULTANT agree as set forth below: 1. Scope of Services. The Consultant will provide all labor necessary to perform all work, which is described in the attached Scope of Services (Exhibit A). This Agreement and Exhibit hereto contain the entire agreement of the parties and supersedes all prior oral or written representation or understandings. This Agreement may only be amended by written agreement of the parties. The scope of work may be amended as provided herein. 2. Changes in Scope of Services. The City, without invalidating the Consultant Agreement, may order changes in the services consisting of additions, deletions or modifications, and adjust the fee accordingly. Such changes in the work shall be authorized by written agreement signed by the City and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, the consultant will not proceed without a written change order from the City. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3. Time of Performance. The Consultant shall complete performance of the Consultant Agreement for the items under Consultant's control in accordance with Exhibit A. If items not under the Consultant's control impact the time of performance, the Consultant will notify the City. 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the scope of work identified in Exhibit A, but no later than December 31, 2009. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Consultant. 5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the sum of$130,000. Washington State Sales Tax is not required. The Cost Estimate provided by the Consultant to the City specifies total cost. 6. Method of Payment. Payment by the City for services rendered will be made after a voucher or invoice is submitted in the form specified by the City. Payment will be made within thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Consultant for any work not completed in a satisfactory manner until such time as the Consultant modifies such work so that the same is satisfactory. 1 7. Record Maintenance and Work Product. The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Consultant agrees to provide access to any records required by the City. All originals and copies of work product, exclusive of Consultant's proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to the City, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant the City the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without express written consent of the City of Renton. 9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant's own employees, or damage to property caused by a negligent act or omission of the Consultant, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and the city, its officers, officials, employees and volunteers, the contractor's liability hereunder shall be only to the extent of the contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the contractor's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. 10. Insurance. The Consultant shall secure and maintain commercial liability insurance in the amount of$1,000,000 in full force throughout the duration of this Consultant Agreement. It is agreed that on the CONTRACTOR's policy, the City of Renton will be named as Additional Insured(s) on a non-contributory primary basis. A certificate of insurance and the Primary & Non-Contributory Additional Insurance Endorsement page, properly endorsed, shall be delivered to the City before executing the work of this agreement. Please note: The cancellation language should read "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder named to the left." 11. Independent Contractor. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this agreement, shall be considered employees of the Consultant only and not of the City. The Consultant's relation to the City shall be at all times as an independent contractor. Any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered '44 2 herein, shall be the sole obligation and responsibility of the Consultant. No"' 12. Compliance with Laws. The Consultant and all of the Consultant's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. Discrimination Prohibited: Consultant, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees, or procurement of materials or supplies. This agreement is entered into as of the day and year written above. CONSULTANT CITY OF RENTON Bill Taylor, President Denis Law, Mayor Greater Renton Chamber of Commerce 300 Rainier Avenue N Renton, WA 98055 425-226-4560 APPROVED AS TO FORM: ATTEST: City Attorney Bonnie I. Walton, City Clerk 3 RENTON VISITORS CONNECTION 2009 BUDGET Proposed 2009 RVC Budget 2009 1140 Budget Advertising 2004-2007 Change in Lodging Sales Print National Geographic Travel $3,000 80.00% Total Print $3,000 Radio CISL-Vancouver, BC $7,000 70.00% KXLY-Spokane $7,000 KPAM- Portland $7,000 Seattle- KIRO $8,500 Total Radio $29,500 60.00% Cable Television -NW Cable News $28,000 Production Television $5,250 50.00% Total advertising $65,750 40.00% Visitors Guide Design $2,300 Printing $10,500 ■2004-2007 Freight $500 Distribution $8,187 30.00% Total Visitors Guide $21,487 20.00% Event pocket calendar-30,000 $3,500 1111111 Ned Total printed material $24,987 10.00% Web Including redesign $6,500 Camera repair $500 Misc. $850 0.00% Chamber fulfillment $15,000 �zc'`�cf. 'E--���e,J�o�a�ea�re�a���a� Director Misc. $2,000 ' . ��� Memberships $1,050 FAM activities $1,500 Publicity/Media $4,200 Renton 2009 Lodging sales to date: +5.6% Postage $2,000 Printing $1,000 Receptionist/referrals $3,750 Toll free number $3,000 Chamber management $6,500 Total Chamber $40,000 Total $138,587 OCTOBER 25,2008 CONSULTANT AGREEMENT THIS AGREEMENT is made as of the day of , 20 , between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Hamilton/Saunderson Marketing Partnership, hereinafter referred to as "CONSULTANT", for their services related to the City of Renton's Marketing Campaign. Information shall be made available for use by the City of Renton Staff and City Council. The CITY and CONSULTANT agree as set forth below: 1. Scope of Services. The Consultant will provide all labor necessary to perform all work, which is described in the attached Scope of Services (Exhibit A). This Agreement and Exhibit hereto contain the entire agreement of the parties and supersedes all prior oral or written representation or understandings. This Agreement may only be amended by written agreement of the parties. The scope of work may be amended as provided herein. 2. Changes in Scope of Services. The City, without invalidating the Consultant Agreement, may order changes in the services consisting of additions, deletions or modifications, and adjust the fee accordingly. Such changes in the work shall be authorized by written agreement signed by the City and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, the consultant will not proceed without a written change order from the City. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3. Time of Performance. The Consultant shall complete performance of the Consultant Agreement for the items under Consultant's control in accordance with Exhibit A. If items not under the Consultant's control impact the time of performance, the Consultant will notify the City. 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the scope of work identified in Exhibit A, but no later than December 31, 2009. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Consultant. 5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the sum of$184,000. Washington State Sales Tax is not required. The Cost Estimate provided by the Consultant to the City specifies total cost. 6. Method of Payment. Payment by the City for services rendered will be made after a voucher or invoice is submitted in the form specified by the City. Payment will be made within thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Consultant for any work not completed in a satisfactory manner until such time as the Consultant modifies such work so that the same is satisfactory. 7. Record Maintenance and Work Product. The Consultant shall maintain accounts and sire records, which properly reflect all direct and indirect costs expended and services 1 provided in the performance of this Agreement. The Consultant agrees to provide access to any records required by the City. All originals and copies of work product, exclusive of Consultant's proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to the City, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant the City the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without express written consent of the City of Renton. 9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant's own employees, or damage to property caused by a negligent act or omission of the Consultant, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and the city, its officers, officials, employees and volunteers, the contractor's liability hereunder shall be only to the extent of the contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the contractor's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, Nord solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. 10. Insurance. The Consultant shall secure and maintain commercial liability insurance in the amount of$1,000,000 in full force throughout the duration of this Consultant Agreement. It is agreed that on the CONTRACTOR's policy, the City of Renton will be named as Additional Insured(s) on a non-contributory primary basis. A certificate of insurance and the Primary& Non-Contributory Additional Insurance Endorsement page, properly endorsed, shall be delivered to the City before executing the work of this agreement. Please note: The cancellation language should read "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder named to the left." 11. Independent Contractor. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this agreement, shall be considered employees of the Consultant only and not of the City. The Consultant's relation to the City shall be at all times as an independent contractor. Any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. 2 12. Compliance with Laws. The Consultant and all of the Consultant's employees shall perform the services in accordance with all applicable federal, state, county and city Nr""` laws, codes and ordinances. Discrimination Prohibited: Consultant, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees, or procurement of materials or supplies. This agreement is entered into as of the day and year written above. CONSULTANT CITY OF RENTON Hamilton/Saunderson Marketing Partnership Denis Law, Mayor 621 Fifth Avenue North, Suite A Seattle, WA 98109 (206) 282-6858 APPROVED AS TO FORM: ATTEST: City Attorney Bonnie I. Walton, City Clerk mow+► Nosy 3 RENTON A.iu,. AI) 1'HF 2009 Renton Community Marketing Campaign The Renton Community Marketing Campaign � d The Renton Community Marketing Campaign is designed to help brand � ,? Renton and communicate the community's many positive attributes as a place to do business, work, visit, learn, shop, live, play and stay. The stakeholders, including the Renton Chamber of Commerce, Renton • Visitors Connection, City of Renton, Renton School District, Renton Technical College and Valley Medical Center, launched the campaign in 1998 to: 1. Improve the image of Renton in the community and the region 2. Promote Renton as desirable location to do business, work, live, shop, and visit 3. Recruit quality companies to Renton to help diversity the employment base by Nied supporting City economic development initiatives 4. Showcase Renton's stakeholders and their achievements 5. Creatively leverage and market Renton's assets and amenities A summary of the 2008 Community Marketing Campaign's success is presented at the end of this report. 2009 Objectives 1. Maintain the Renton brand: Renton -Ahead of the Curve 2. Deliver key messages and build the buzz in targeted local, regional, national and international markets. 3. Tell the Renton story by showcasing opportunities in Renton: "Renton is the center of opportunity in the Puget Sound Region where families and businesses thrive". 4. Appear in places that will "surprise" opinion leaders and build the Renton buzz. 5. Build pride in Renton. 6. Leverage stakeholder and community marketing resources. .,, ' 6. Support community economic development initiatives. Nome 7. Maintain strength of the stakeholder partnership in the marketing campaign. Tactics Tactic I: Advertising Cl E-Advertising Use banner and/or pop up ads on targeted websites to reach local, regional and national decision makers. The banner ads will utilize video and links to Renton to showcase the community where businesses and families thrive. Opportunities include: Local Media Crosscut (regional news at http://crosscut.com/) My Northwest.com (regional news at http://www.mynorthwest.com/) The Seattle Times (www.seattletimes.corn) The Seattle Post-Intelligencer(www.seattlepi.com) Industry Sector Opportunities Information Technology Tech Flash High Tech News from the Puget Sound Business Journal (www.techflash.com) Washington Technology Industry Association (http://www.washingtontechnologv.org/) Aerospace Industry (http://www.aerospace-technology.com/reg.html) Health Care (New England Journal of Medicine, http://www.neimiobs.orq/rpt/rpt index.aspx) Business Media Wall Street Journal Inc. Magazine ❑ Sports Marketing The Campaign will explore potential marketing opportunities on the websites for both the Seattle Seahawks and new Sounders FC soccer team, as well as potential on-field signage at Qwest Field. ❑ KUOW Radio KUOW is one of the top three stations in the market and is a premier way to reach area decision makers. We propose a first quarter six week schedule, with the Renton spots airing adjacent to business reports at 6:50 AM, 12:50 PM and during Marketplace from 6:30-7PM. In addition, Renton will receive a web tile on the KUOW home page throughout the year. First quarter: 6 weeks Nome DRAFT 2009 Renton Community Marketing Campaign 2 ❑ Comcast On Demand , 000 In 2008, the Marketing Campaign created a unique partnership with Comcast to develop a "Renton On TV"channel on their video-on-demand service. The Renton channel featured vignettes from "The Curve" and the "Center of Opportunity" video. A new ad was created with John Keister serving as our spokesperson and Comcast provided 900 ads over three months. The ads drove viewers to the Renton On TV, where viewers could watch the vignettes. In less than two months, Renton videos were viewed nearly 5,000 times. This initiative proved to be a great way to extend the reach of the Curve vignettes, promote Renton through 900 advertisements and create a unique distribution format-The Renton Channel. The 2009 Marketing Campaign will build on this success. We plan on a three month partnership with Comcast in the Third Quarter. ❑ "Ahead of the Curve" Radio Program A 30 minute radio program will be created on KKNW Radio to showcase how Renton is ahead of the curve. Hosted by Michael Hamilton, "Ahead of the Curve"will have lively features on people who chose Renton as a place to work, live and play. The 30 minute program will be placed on stakeholder websites, made in into feature podcasts and integrated into Curve Mail issues. The goal is to have the program on the air in the first quarter. Tactic II: Video Production We recommend producing a series of video vignettes with stakeholder representatives to tell the story of"why they chose Renton." Initially, we are proposing 18, two-minute vignettes. We will use the footage for the following proposes: ❑ Playing the video vignettes on Comcast"On Demand" on the Renton Channel during the third quarter. ❑ Using the footage to create additional episodes of the Curve, half hour television magazine. The Curve airs on Renton's Channel 21 and on Puget Sound Access Channel 77. ❑ Using the footage on stakeholder websites. ❑ Using the footage for the e-advertising outlined above. ❑ Using the footage in quarterly Curve Mail issues, described below. Tactic Ill: Business Development ❑ Plan a Business Recruitment Trip. Working with enterprise Seattle, develop a business recruitment trip to markets such as Austin and Los Angeles. Key stakeholders will meet with businesses and organizations to discuss the Renton opportunity. ❑ Sponsor economic and business development conferences and forums. Keep Renton top of mind with area decision makers. Opportunities could include the Prosperity Partnership Annual Luncheon, Governor's Aerospace Summit and others. DRAFT 2009 Renton Community Marketing Campaign 3 ❑ Distribute Renton's e-newsletter, Curve Mail, quarterly. Continue to add to the distribution list (currently at 1,400 opinion leaders). ❑ Continue Renton Speaker's Bureau. Seek opportunities to tell the Renton story at economic forums and meetings of key opinion leaders. Tactic IV: Assist with Special Events to Position Renton as Ahead of the Curve ❑ Support the Opening of the Seahawk Practice Facility to the Public. In Late July and August 2009, as many as 3,000 people each day will visit Renton to watch practices for the Seattle Seahawks' pre-season training camp. Use advertising (print and/or television), coupons, banners, posters and other tactics to create the buzz about Renton and drive traffic into Renton businesses. ❑ Support the Second Annual Renton FilmFrenzy. The FilmFrenzy is a tremendous opportunity to: 1) Promote and market Renton as an attractive place to work, live and visit; 2) Support the positioning of Renton as a place for the Creative Class; 3) Drive visitors to Downtown Renton; 4)Attract film makers and artists to Renton; 5)Attract related businesses and support services to Renton; 6) Highlight film program at Renton High School. We envision the FilmFrenzy evolving into a destination Film Festival. ❑ Support the "America by Food" a traveling Smithsonian Institution Exhibition. This exhibition will make its only Puget Sound-area stop at the Renton History Museum from March 21-May 9. The exhibit will be expanded to include the Museum's own "Sustaining a City" display and activities. We believe the exhibition will be destination No ,,, activity for Downtown Renton and offers numerous participation opportunities with RTC (Culinary Program), Valley Medical Center(Nutrition Program); School District (Tours and Nutrition program) and the Chamber (tie-in with Downtown businesses). Tactic V: Maintain the Brand ❑ The Campaign will continue to encourage stakeholders to incorporate the Renton Ahead of the Curve logo and theme into as many advertising/communications vehicles as possible. This not only leverages resources, but also extends the brand into all aspects of the community. ❑ The campaign will continue to mobilize stakeholders to assist with business recruitment and retention opportunities during the course of the year. This will be accomplished through the signing of joint letters, phone calls, personal visits and other means coordinated by the City's Department of Community& Economic Development. Tactic VI: Marketing Support and Campaign Administration ❑ Bi-monthly meetings will be held with the stakeholders. The primary purpose of the meetings will be to brainstorm marketing initiatives and to discuss collaborative ideas between stakeholders. In addition, the stakeholders will review progress to date, evaluate budget expenditures and reallocate the marketing budget as required. ❑ Year End Marketing Retreat. The stakeholders will meet in the Fall of 2009 to develop a 2010 marketing plan. DRAFT 2009 Renton Community Marketing Campaign 4 ❑ Miscellaneous and Opportunity Fund. A small amount of funds will be set aside for postage, copying and production. In addition, we recommend creating a contingency fund to take advantage of new opportunities which arise in 2009. DRAFT 2009 Renton Community Marketing Campaign 5 Renton Community Marketing Campaign 2009 Marketing Budget Initiative 2009 Expenditure '48"0" Advertising E-Advertising 25,000.00 Television Video Vignette Production 18,000.00 Comcast On Demand Advertising 30,000.00 Talent Fees(John Keister) 3,500.00 "Ahead of the Curve"Radio Program 12,000.00 KUOW Radio 12,000.00 Sports Marketing 7,000.00 Special Promotions Seattle Seahawks Training Camp Opening 21,500.00 Film Frenzy 20,000.00 "America by Food"Smithsonian Exhibit 5,000.00 Business Development Recruitment Trips 4,000.00 Sponsorships 10,000.00 larrr Curve Mail and E-Storage 4,000.00 Stakeholder&Campaign Mgt Bi-monthly Meetings 3,000.00 Retreat 1,000.00 Campaign Services Copying//Postage 500 24/7 Press Release and Video Clippings 500 Graphic Design 2,000.00 Contingency 5,000.00 Total 184,000.00 �1rr►' DRAFT 11/24/2008 CITY OF RENTON LODGING TAX ADVISORY COMMITTEE November 24,2008 Allocation of Lodging Tax funding for 2009 The Lodging Tax Advisory Committee met November 24, 2008 to discuss the allocation of Lodging Tax funding for 2009. The Committee recommends that the City Council allocate Lodging Tax funds as follows: • $119,000 to the Renton Community Marketing Campaign; • $139,000 to Renton Visitor's Connection; and • $3 1:.':- • q e City of Renton Community Services Department for reproduction of the outh ounty .,its Map. 4_ , „ _....... ..„...... -a_ —41. 1 King Parker, Chair cc: Alex Pietsch [wen Wang 2009 Funding Comm report\ 411111111111111 CITY OF RENTON COUNCIL AGENDA BILL AI#: 6sp Submitting Data: For Agenda of: DepvDiviBoard.. Community Services/Parks Division December 1, 2008 Staff Contact Todd Black, ext. 6571 Agenda Status Consent X Subject: Public Hearing... Retention Pay Application Correspondence.. Thomas Teasdale Park Ordinance Spiritridge Construction, Inc. Resolution Old Business File No. CAG-08-059 Exhibits: New Business Notice of Completion of Public Works Contract Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... $ 12,418.04 Transfer/Amendment Amount Budgeted $ 337,000.00 Revenue Generated Total Project Budget $ 337,000.00 City Share Total Project Summary of Action: The Community Services Department submits CAG-08-059, Thomas Teasdale Park, for release of retainage. The project started on July 14, 2008, and was completed on October 10, 2008. The contractor, Spiritridge Construction, Inc., fulfilled the terms of their contract by constructing improvements to Thomas Teasdale Park. STAFF RECOMMENDATION: Approve the project, commence the 60 day lien period, release the retained amount of $12,418.04 to Spiritridge Construction, Inc., contractor, once all required releases are obtained. r 4,STATE 04, State of Washington Reg.No.: 04 Department of Revenue 6 — x Audit Procedures&Administration Date: PO Box 47474 1889 Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To Tracy Schuld 1055 South Grady Way Date Assigned Renton,WA 98057 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Thomas Teasdale Park Irrigation&Playfield Improvements (CAG-08-059) Contractor's Name Spiritridge Construction,Inc. Telephone No.425-564-0971 Contractor's Address 16220 S.E.29th Place;Bellevue,WA 98008 Date Work Commenced Date Work Completed Date Work Accepted 7-14-08 9-25-08 10-10-08 Nisr` Surety or Bonding Co. Ohio Casualty Insurance Co. Agent's Address Hub International Northwest;P.O.Box 3018;Bothell,WA 98041-3018; Ph.425-489-4500;Fax 425-489-4501 Contract Amount: $ 242,811.28 Amount Disbursed: $ 258,295.11 Additions or Reductions: $ 5,549.40 Amount Retained: $ 12,418.04 Sales Tax: $ 22,352.47 Total: $ 270,713.15 Total $ 270,713.15 By Tracy Schuld,Disbursing Officer Phone No: 425-430-6918 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,Olympia,Washington 98504- 7474,immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. FORM REV 31 0020(12-92) DC:CTY31 0020 11/99 bh C:\DOCUME—l\BWalton\LOCALS--1\Temp\Notice_of Completion 11-20-08.doc CITY OF RENTON COUNCIL AGENDA BILL AI #: 4.46 11160.1 Submitting Data: For Agenda of: Dept/Div/Board.. Community Services/Parks Division December 1, 2008 Staff Contact Todd Black, ext. 6571 Agenda Status Consent X Subject: Public Hearing... Retention Pay Application Correspondence.. Burnett Linear Park, Phase II Ordinance Evergreen Landscape & Construction, Inc. Resolution Old Business File No. CAG-07-189 Exhibits: New Business Notice of Completion of Public Works Contract Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... $ 11,462.75 Transfer/Amendment Amount Budgeted $ 287,708.00 Revenue Generated Total Project Budget $ 287,708.00 City Share Total Project Summary of Action: The Community Services Department submits CAG-07-189, Burnett Linear Park, Phase II, for release of retainage. The project started on March 24, 2008, and was completed on October 10, 2008. The contractor, Evergreen Landscape & Construction, fulfilled the terms of their contract by constructing Burnett Linear Park, Phase II. STAFF RECOMMENDATION: Approve the project, commence the 60 day lien period, release the retained amount of $11,462.75 to Evergreen Landscape & Construction, contractor, once all required releases are obtained. r ���STATE o� State of Washington Reg.No.: ok g Department of Revenue e - $ Audit Procedures&Administration Date: � y$ PO Box 47474 'k i';89 ty0 Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To Tracy Schuld 1055 South Grady Way Date Assigned Renton,WA 98055 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Burnett Linear Park,Ph. II Project(CAG-07-189) Contractor's Name Evergreen Landscape&Construction,Inc. Telephone No.425-742-7177 Contractor's Address 3517 177th Place SW;Lynnwood,WA 98037 Date Work Commenced Date Work Completed Date Work Accepted 3-24-08 9-22-08 10-10-08 "%ow Surety or Bonding Co. Merchants Bonding Company;Des Moines,Iowa Agent's Address Construction Bonding&Management Services of Washington,Inc.;P. O.Box 75715; Seattle,WA 98175;Ph. 206-361-9693 Contract Amount: $ 209,700.00 Amount Disbursed: $238,425.20 Additions or Reductions: $ 19,555.00 Amount Retained: $ 11,462.75 Sales Tax: $ 20,632.95 Total: $249,887.95 Total $249,887.95 By Tracy Schuld,Disbursing Officer Phone No: 425-430-6918 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,Olympia, Washington 98504- 7474,immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. FORM REV 31 0020(12-92) DC:CTY3I 0020 11/99 bh CITY OF RENTON COUNCIL AGENDA BILL AI#: (04'4, f,- I Submitting Data: For Agenda of: Dept/Div/Board.. Community Services / Facilities Staff Contact Greg Stroh (x6614) Agenda Status Consent X Subject: Public Hearing.. Budget Authorization Correspondence.. Roof Replacement for Renton City Shops A-2, B & C Ordinance Krueger Sheet Metal, Inc. Resolution File No. CAG-08-071 Old Business Exhibits: New Business Change Order #1 Study Sessions Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $ 5,878.37 Transfer/Amendment Amount Budgeted $ 246,810.88 Revenue Generated Total Project Budget $ 252,689.25 City Share Total Project.. SUMMARY OF ACTION: kitae The Community Services Department submits CAG-08-071, Roof Replacement for Renton City Shops A-2, B & C Bldgs., for change order approval. During the course of re-roofing, it was determined that 6 original skylights were of a condition that could not guarantee watertightness. Replacement was necessitated to ensure the best project outcome. There are sufficient savings in the 2008 Operational Facilities CIP budget to cover this Change order. Account # 316.000000.020.5940.0076.63.000000. STAFF RECOMMENDATION: Approve Change Order #1 in the amount of Five Thousand Eight Hundred Seventy Eight Dollars and Thirty Seven Cents $5,878.37 (which includes State of Washington Sales Tax), to CAG-08- 071 for work performed by Krueger Sheet Metal, Inc., contractor. Rentonnet/agnbill/ bh 4• CHANGE ORDER#1 Mailing Address: (509)489-0221 P.O.Box 2963 Fax (509)489-6539 Nivie Spokane,WA 99220 KRUEGER SHEET METAL COMPANY Sheet Metal Fabricators&Roofing Contractors Industrial,Commercial N.731 Superior Spokane,Washington 99202 September 8,2008 City of Renton 105 South Grady Way Renton, WA 98057 Re: Renton City Shops Building Attn. Greg Stroh Greg, I have itemized the costs to replace the skylights on the maintenance facility Buildings. Material—New —6 Skylights @$812.00 $ 4,872.00 Labor to install—36 hr@ 53.38/hr $ 1,921.00 Material—4 'h"ASAP Screws and Plates - 11,000 @$.24/screw and plate $ 2,640.00 Material—Insulation Adhesive—30 pails @ $151.00/pail $(4,530.00) Subtotal $ 4,903.00 OH&P 10% $ 490.00 Total $ 5,393.00 Sincerely Yours, 0•* Toby Brandt 5393•001- r"4-1/1/41551- 393.00+=vtal--W155 i 5878-37* ACRYLIC OUTER DOME ACRYLIC INNER DOME SILICONE \N \i SEAL BEAD FOAM TAPE N ‘illkb, EXTRUDED ALUMINUM COVER (OPTIONAL:) !:•:•;•:•;.•:•:•:•:, INTERNAL CONDENSATE THERMAL '•:y�•;,w Al,..".- CONTROL GUTTER .a6t: VHB TAPE BARRIER `K.'N %/ EAUM EMO—..----ASSEMBLY EXTRUDED ALUMINUM SCREWS FASTENER INNER FRAME BY OTHERS SEALANT BED BY OTHERS - CURB FLASHING BY OTHERS-----\-----. CURB AND BLOCKING ROOF LINE BY OTHERS www...rrr VELU% Name Dote �, 1I 1418 Evans Pond Road Drown by JDH Mar. 05 Creenwood, SC 2LO 49 Checked byWO Mor 05 , .._..:_ ,_ _. i-800-88 VELUx Sky—Product Management www.VELU%USA.com Drawing No. Commercial Curb Mounted Acrylic Skylight Double Dome CM-1_01-0305 Model CM — 1 This drawing s on instrument f s rvice end is provided for informational use onlb a©e2005 VELU% GROUP ®VELUX is a registered trademark ,. (L. ; fl1 -e' CITY OF RENTON COUNCIL AGENDA BILL AI#: e`j.jc9 I Submitting Data: For Agenda of: December 1, 2008 Iiitioe Dept/Div/Board.. Community Services / Facilities Staff Contact Greg Stroh (x6614) Agenda Status Consent X Subject: Public Hearing.. Final Pay Estimate; Roof Replacement of City Shops Correspondence.. buildings A-2, B & C project; Krueger Sheet Metal, Ordinance Inc. File No. CAG-08-071 Resolution Old Business Exhibits: New Business Final Pay Estimate ( No. 3) Study Sessions Notice of Completion of Public Works Contract Information Application and Certificate for Payment Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $ 252,689.25 Transfer/Amendment Amount Budgeted $ 245,000.00 Revenue Generated Total Project Budget $ 252,689.25 City Share Total Project.. SUMMARY OF ACTION: The Community Services Department submits CAG-08-071, Roof Replacement for Renton City Shops A-2, B & C Bldgs., for final pay estimate and release of retainage. The project started on August 19, 2008 and was completed on October 15, 2008. The contractor, Krueger Sheet metal, Inc., fulfilled the terms of their contract by completing the roof replacement on three City Shops buildings to warranty satisfaction. STAFF RECOMMENDATION: Accept the City Shops roof replacement project, approve the final pay estimate in the amount of $14,240.72, commencement of the 60-day lien period, and release the retained amount of $11,591.25 to Krueger Sheet Metal, Inc., contractor, once all required releases are obtained. Rentonnet/agnbill/ bh (, ( (. CONTINU,‘TION SHEET SUBSTITUTE AL%DOCUMENT A1A I i.,,,tn1 671.2 AITI.:{'A I)07•4 4'40 tLitriFi(A I i'FOR p;017,10 1 kollio..r.rm,C amtaLtut,1W,t1f1.CaFiteCtnil,ij . .. ,. rohtrackg,'01,w ,trri Oi RE NTON .i Pintect.Sam !it.Wroie CRY 81)088 . . . kr>lic3ton Nornwr : 1 'AR-111eCA5 PlOfell,', : . ApplIranm Uwe 1,?..2:N., ,filvoi.cy . . Malenaltt : Total , ..... . . Item : Scheduled Wolk Corot tieled Presently I Completed Balance i t No ' Deel ipoeii of uork Value Pre,.lowly This period Stated St stored % to tiiiilli Retainage . ,. . . . ... , 1 ! Bldg A-2-Roofing Material 40,432 00 .46,432 1 to 46 412 00 ton no% 0 00 ! 2,3216,0 2 Blitt,A-2-Roofing Labor to 4)404(to '.6 000 140 36,000 00 too volt 0.00 , 1,800,00 . . „ ..„____.....2. ! Bldg A-2-Sheet Metal 7 600 00 7,600 1817,600.00 ! ton on'''. 0 00 , 380 00. . . 4 Bldg,B•Roofing Material 1:1.000 fAl i(,800 05 1:58)011 12.000 00 ! on no% 0.00 000 00 . .2., 5 Bide B-Roofing I.abot0,000 00 8 100 int 000,00 9,000,00 ! .no 00% 0 00 ; 450 00 . , 0 Blitg13-Sheet Metal 404M 00 2.000 Cl) • 2 11110 00,! 4,000 00! itm)fx)^1 _ 0.00 ; 200 00 7 ! Bldg C•Roofing Matelial t 58 000 00 58 owl 00 ! 58000 00 ; [OD(Aril 0,00 ' 2,900(10 . 8 i Bldg C-Rooting Labial , 45 0410 00 .15,00 044 ' 45,000 00 :,f)Cg),„ 0,00 2,250 00 0 I Bldg C-Sheet Metal , 0.400 u0 4,200 00 [ 4.200 00 8,400 00 1 lull ntri, 0 00 420 00 I 0 ! LU 8 i-Replace SkylIgh6: !'i 3141(141 0(144 5 303,00 5, 93:011 wit nut,. 0 00 260 65 ! 1 1 . . . i . . , . . 1 TOTA I. 2 tl 8,,c tat 2I8,12.00 13,6023.00 ! • 23 4,!825.00 18,,,ow,„,,I,!! ,, 1) c sTnTE o� State of Washington Reg.No.: Department of Revenue Audit Procedures&Administration Date: PO Box 47474 Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To Tracy Schuld 1055 South Grady Way Date Assigned Renton,WA 98055 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Roof Replacement for Renton City Shops A-2,B &C Bldgs Contractor's Name Krueger Sheet Metal Co. Telephone No. 509-489-0221 Contractor's Address N. 731 Superior, Spokane, WA 99202 Date Work Commenced Date Work Completed Date Work Accepted 8/19/2008 10/15/2008 10/16/2008 Surety or Bonding Co. Fidelity and Deposit Company of Maryland Agent's Address 601 W. Main, Suite 1400. Spokane,WA 99201 Contract Amount: $231,825.00 Amount Disbursed: $ 241,098.00 Additions or Reductions: $ 5,393.00 Amount Retained: $ 11,591.25 Sales Tax: $ 20,864.25 Total: $ 252,689.25 Total $ 252,689.25 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504- 7474,immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. FORM REV 31 0020(12-92) 141100 DC:CTY31 0020 11/99 bh ( It ( ; APPLICATION AND CERTIFICATE FOR PAYMENT City of Renton TO OWNER : PROJECT : APPLICATION NO. : 3 Distribution to : City ot'Renton Renter)Citi Shops INVOICE ft 28058-2 OWNER 1055 South Grady Way Roof Replace ttcnt PERIOD TO: 10131/2008 ARCHITECT Renton, WA 98057 fila;s A-2, B. : C DATE: 10131/2008 —"` CONTRACTOR PROJECT NO, : CAO-08-07I FROM CONTRACTOR : VIA ARCHITECT I'tte_r,cr Sheet Metal Co t"t P.O. Bao 2903 U Spokane. WA 90220-2% u CONTRACTOR'S APPLICATION FOR PAYMENT CI IANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Application is made Ibr payment,as shown below, in connection with the Contract. Change Orders approved in Continuation Sheet is attached. prey cote; months by owner S - S - I. ORIGINAL CONTRACT SUM(without tax) S 220.432.00 , . ...,,._;,»,,,,, - t.:.in :; 2. Net change by Change Orders(without tax) . ... . ..... S 5,393.00 i ii'-;.;,1 2a ,,',,,;: +.rt 5: 3. CONTRACT SUM TO DATE(without tax).... ... ... S 231,8'5.00 (Line I +or-Line 2) TOTALS S 5,393,00 S - P ETE 4. e .i..,liY. T ti. ,o,!,:,::-.),,,,E' ., ;r:-_ ,.r+: , tier clvinoes by Change Orders 1 5,39.3,00 5. RETAINAGE AT 5% S 11.501.25 Fite undersigned Contractor certifies that to the best oldie C'ontractor's knowledge, incur- (Based on line 4) citation and belief the Work concred by this Application fur Payment has been completed 6. TOTAL EARNED LESS RETAINAGE .... S 22}.2?3.73 in accordance with the Contract Documents,that all amounts have been paid by the (Line 4 less Line 5) Contractor fur Work for which previous Certificates for Payment were issued and payment 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT_ S '07.225.40 received from the Owner.and that current paymeviNt�a#�)�irein is nos due. (Line 6 from prior Certificate) w‘N.; ` �:' a��s,, 8. SUBtOtAL., .. . ... ... ............ S I3,005.33 CONTRAC:TOt : e'•,-' , �< (Line - `L. �t-� ►r2` .'Or?.5e� �, Date: !(-f 7- 0 ', 6 less Line 7) By: ,,* 9. Washington State Sales Tax at 9%...... . . .... S 1.232 37 s-:! ��;;; 4 (Based on line 4 less prior certificate's line 4) Stale of: Washington, County EI' 5 k4bhX,,} ° P a cr, Nd 10. CURRENT PAYMENT DUE.............. .... ... ... ... 5 1 4,'_40.72 Subscribed and sworn to before me ,, (Line 8 plus Line 9) This I l'I-C— day of o0a.--6< tp " ', I I. BALANCE TO FINISH, INCLUDING RETAINAGE . S I I,30I.2� Notate Public : 1 a� _ (Line 3 less i,ine 6) My Commis: • n expires :,rfe,,,, .t. - SexGFii94. �1a. ofb ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED -frralc/l rspd-rrrrror if amount.-er!i/hsf di(lers fr ns amount applied for r In accordance with the Contract Documents,based on on-site observations and the ARCHEI ECT: data comprising the above application,the Architect certifies to the Owner that to By: I.)ate: the best of the Architect's knowledge, information and belief the Work has progressed as indicated,the quality of the Work is in accordance with the Contract This Certificate is not negotiable. The AMOIJN'I'CERTIFIED is payable only Documents.and the Contractor is entitled to payment of the AMOI;N"f CERTIFIED, to the Contractor named herein. Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. i CITY OF RENTON COUNCIL AGENDA BILL AI#: r•••• , i440.0; Submitting Data: For Agenda of: December 1, 2008 Dept/Div/Board.. Community Services/Parks Admin. Staff Contact Leslie Betlach, x-6619 Agenda Status Consent X Subject: Public Hearing.. 2007 King County Parks Expansion Levy - Renton Correspondence.. Allocation Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions City Allocation Spreadsheet Information Policy Guidance Document Special Property Tax Levy Agreement Recommended Action: Approvals: Refer to Finance Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $ Transfer/Amendment Amount Budgeted $123,000 (Annually) Revenue Generated $738,000 (6 yrs.) 316.000000.000.3180.0040.00.000000 Total Project Budget $738,000 City Share Total Project. $ SUMMARY OF ACTION: On August 21, 2007, King County voters approved Proposition 2 providing funding to support trail development, open space acquisition and recreation enhancements throughout King County. This 5-cent, six year levy will generate an estimated $16.8 million in revenue in 2008 and will be shared among King County Parks, each city within King County and the Woodland Park Zoo. Renton's share for 2008 will be$123,000. In addition, the annual amount will be adjusted by the percentage change in the consumer price index. Annexations that became effective in 2008 will be reflected in the levy transfer amount in 2009, as the basis for calculating each city's allocation(50%Assessed Valuation and 50%population)is derived from the previous year's statistics. Over the six years funds are collected, the approximate distribution to Renton will be$738,000. As this is a property tax levy, a monthly automatic transfer to the City will be coordinated with the County. The distributions will occur through 2013 and be accounted for in the Capital Improvement Fund (316). The Contract facilitates the transfer of levy funds and lays out the terms and conditions for managing and expending levy revenues and annual reporting requirements. STAFF RECOMMENDATION: Authorize the Mayor and the City Clerk to execute the Special Property Tax Levy Agreement with King County. O1 COMMUNITY SERVICES DEPARTMENT er0� MEMORANDUM N DATE: November 21, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: -1 Denis Law, Mayor FROM: ' Terry Higashiyama, ommunity Services Administrator STAFF CONTACT: Leslie Betlach, Parks Director(x-6619) SUBJECT: Special Property Tax Levy Agreement - Proposition 2, Parks Expansion Levy ISSUE: Should the City enter into an agreement with King County to receive Proposition 2, Special Property Tax Levy Funds? BACKGROUND: On August 21, 2007, King County voters approved Proposition 2, a 5-cent, six year levy to provide funding for open space and natural lands acquisition, and trail acquisition and development projects throughout King County. Renton's share for 2008 will be $123,000 and the annual amount in future years will be adjusted by the percentage change in the consumer price index. Annexations that became effective in 2008 will be reflected in the levy transfer amount in 2009, as the basis for calculating each city's allocation (50% Assessed Valuation and 50%population) is derived from the previous year's statistics. Following is an overview of the funding: Open Space and Natural Lands Overview • Fee title to real property, improvements and structures on the property allowed • Property interests less than fee title allowed • Compliance with Open Space definition in RCW84.34.020 required • Direct support and administrative costs allowed • Restrictive language in the Deed prohibiting conversion of the property required • Acquired interest is perpetual and not temporary Trail Acquisition and Development • Focus on expanding the Regional Trails System err► 1:12008 Files\2008-216mb(Councilmemo King County Levy).doc Ar Special Property Tax Levy Agreement—Proposition 2, Parks Expansion Levy Page 2 of 2 November 21,2008 • Charges directly associated with the design and construction of a trail project allowed • Utilizing established national, state, and local development guidelines recommended • Acquiring and developing on-road facilities on an interim basis conditionally allowed • Permanent on-road projects allowed (where development of separated, dedicated trails is infeasible over the long term -more than 10 years) • Replacement required for reduction or elimination of on-road connections • Restrictive language in the Deed prohibiting conversion of the property required General • Use of levy funds to supplant existing funds used for the same purpose prohibited • Funding pooled across multiple years allowed • Annual reporting requirements • Annual distributions through 2013 • Final expenditures by December 31, 2014 CONCLUSION The voters of King County approved a Special Property Tax Levy to expand park and recreation opportunities. Levy proceeds will be distributed to cities for acquisition and development of open space and natural lands and city trail projects that support connections to the regional trail system, and may specifically include local trails in underserved areas linking to regional trails. Distributions will occur through 2013 with final expenditures completed by December 2014. Renton's share for 2008 will be $123,000 and over the six years funds are collected, the approximate distribution to Renton will be $738,000. Proceeds will be used to improve and expand Renton's open space and trails system and will be accounted for in the Capital Improvement Fund (316). RECOMMENDATION: City Council authorizes the Mayor and the City Clerk to execute the Special Property Tax Levy Agreement with King County. Cc: Jay Covington, Chief Administrative Officer Iwen Wang, Finance Administrator 1:12008 Files12008-216mb(Councilmemo King County Levy).doc KING COUNTY PARKS DIVISION CAPITAL EXPANSION LEVY PROJECTED CITY ALLOCATIONS 2008 C `'': ^POPULATION/ w ASSESSED VALUE ALLOCATION . Allocation Based on 50% Population as Based on Final 2007 AV for AV as a Allocation Based population; 50% Estimate a Percentage Population2 2008 Tax Roles Percentage , on AV2 AV King 1,861,300, Unincorporated 368,255 • Incorporated 1,493,045 100.00% $ 3,327,050 290,362,431,565 100.00%' $ 3,327,050 50.00% $ 1,663,525 50.00% $ 1,663,525 Algona 2,725 0.183% 3,036 410,820,502 0.141% 2,354 $ 5,389.79 Auburn 44,300 2.967% 49,358 5,728,381,288 1.973% 32,819 $ 82,176.95 Beaux Arts Village 310 0.021% 345 115,582,991 0.040% 662 $ 1,007.59 Bellevue 118,100 7.910% 131,585 31,485,645,842 10.844% 180,385 $ 311,970.44 Black Diamond 4,120 0.276% 4,590 579,159,749 0.199% 3,318 $ 7,908.52 Bothell part 16,950 1.135% 18,885 3,275,422,445 1.128% 18,765 $ 37,650.73 Burien 31,410 2.104% 34,996 3,845,144,599 1.324% 22,029 $ 57,025.83 Carnation 1,900 0.127% 2,117 202,887,553 0.070%' 1,162 $ 3,279.32 Clyde Hill 2,810 0.188% 3,131 1,579,857,435 0.544% 9,051 $ 12,182.07 Covington 17,190 1.151% 19,153 1,886,073,554 0.650% 10,806 $ 29,958.37. 'Des Moines 29,090 1.948% 32,412 2,936,127,933 1.011% 16,821 $ 49,233.04 Duvall 5,845 0.391% 6,512 823,259,327 0.284% 4,717 $ 11,228.96 Enumclaw part 11,320 0.758% 12,613 1,068,153,935 0.368% 6,120 $ 18,732.14 Federal Way 87,390 5.853% 97,368 9,010,356,378 3.103%, 51,622 $ 148,989.96 Hunts Point 480 0.032% 535 765,357,352 0.264% 4,385 $ 4,919.64 .Issaquah 24,710 1.655% 27,531 5,890,000,046 2.028% 33,745 ' $ 61,276.05 _K 'ore 19,940 1.336% 22,217 2,941,435,130 1.013% 16,852 $ 39,068.68 86,660 5.804% 96,555 11,556,074,644 3.980% 66,206 $ 162,761.37 Kir and 47,8901 3.208% 53,358 11,452,502,304 3.944% 65,613 $ 118,971.12 Lake Forest Park 12,770 0.855% 14,228 2,162,443,195 0.745%, 12,389 $ 26,617.04 Maple Valley 20,020 1.341% 22,306 2,303,190,025 0.793% 13,195 $ 35,501.22 -Medina 2,950 0.198% 3,287 2,681,076,024 0.923%' 15,360 $ 18,647.08 Mercer Island 22,380 1.499% 24,935 8,900,540,134 3.065% 50,992 $ 75,927.79 .Milton part 825 0.055% 919 82,372,778 0.028% 472 $ 1,391.13 Newcastle 9,550 0.640% 10,640 2,051,575,851 0.707% 11,754 $ 22,394.20 Normandy Park 6,435 0.431% 7,170 1,278,891,064 0.440% 7,327 $ 14,496.70' North Bend 4,705 0.315% 5,242 679,244,265 0.234%, 3,891 $ 9,133.71 Pacific part 5,945 0.398% 6,624 459,833,283 0.158% 2,634 $ 9,258.26 Redmond 50,680 3.394% 56,467 12,774,174,381 4.399% 73,185 $ 129,651.73 Renton 60,290, 4.038% 67,174 9,659,677,654 3.327% 55,342 $ 122,515.66 Sammamish 40,260 2.697% 44,857 8,739,143,248 3.010% 50,068 $ 94,924.71 SeaTac 25,530 1.710% 28,445 4,606,470,336 1.586% 26,391 , $ 54,836.17 Seattle 586,200 39.262% 653,134 121,621,130,668 41.886%, 696,784 ' $ 1,349,917.57 Shoreline 53,190 3.563% 59,263 7,293,134,085 2.512% 41,783 $ 101,046.72 Skykomish 210' 0.014% 234 24,534,629 0.008% 141 $ 374.54 Snoqualmie . 8,600, 0.576% 9,582 1,725,358,551 0.594%. 9,885 $ 19,466.78 Tukwila 18,000. 1.206% 20,055 4,450,243,674 1.533% 25,496 $ 45,551.33 Woodinville 10,390, 0.696% 11,576 2,555,578,871 0.880%, 14,641 $ 26,217.61 Yarrow Point 975 0.065% 1,086 761,575,842 0.262% 4,363 $ 5,449.50' TOTAL: 1,493,045 100% 1,663,525 290,362,431,565 100%, $ 1,663,525 $ 3,327,050 Notes: 1 Population estimate as of April 1,2007 prepared by the Washington State Office of financial Management(OFM). 2 allocation of$3,327,050 assumes a 1 percent administrative fee,or$33,606. NNW I:\Parks\King County Levy\City Allocation Spreadsheet FINAL 05-05-08.xls 11/19/2008 1 King County KING COUNTY PARKS AND RECREATION DIVISION PROPOSITION 2 PARKS EXPANSION LEVY POLICY GUIDANCE FOR CITY OPEN SPACE ACQUISITIONS & TRAIL DEVELOPMENT PROJECTS 1. Document Scope This document provides policy guidance and clarification to cities that may receive funds from the proceeds of"Proposition 2," the Parks expansion levy, approved by King County voters on August 21, 2007, and authorized by King County Ordinance 15760. This document refers to that levy as "Prop 2." Twenty percent (20%) of Prop 2 proceeds are to be distributed among cities in King County to fund certain defined projects. 2. Parks Expansion Levy—Eligible Project Categories The terms and conditions for receiving and expending Prop 2 funds are governed by a contract between each city and King County. Ordinance 15760 defines the projects eligible for Prop 2 funds as follows: "'City projects'means the acquisition of open space and natural lands and the acquisition and development of county regional trails or city trails that are regional in nature, and may specifically include local trails in underserved areas linking to city or county trails that connect to regional trails." This document is designed to provide Prop 2 contract cities with additional policy guidance on the range of eligible expenditures within the broad project categories approved under Prop 2. This document is intended to supplement, and does not alter, the restrictions and limitations in the Prop 2 ballot measure, Ordinance 15760, and the contracts between King County and the cities. If, after reviewing this guidance, the Prop 2 ballot measure, and Ordinance 15760, together with the relevant County-city contract(s), you cannot determine whether Prop 2 funds may or may not be spent on a potential project, then you should seek legal advice regarding the use of Prop 2 funds for that project. A. Acquisition of Open Space and Natural Lands: Lands that are proposed to be acquired with Prop 2 funds should meet the definition of"open space" in RCW 84.34.020. 1:\Parks\King County Levy\Parks Levy-Guidance Document for Cities FINAL 10-21-08.doc 1 B. Trail Acquisition & Development Projects: *Nov' 1. Trail acquisition and development projects should focus on expanding the Regional Trails System("RTS"). Examples could include: • New regional trails within an established, shared multi-use trails plan(either King County's or local jurisdiction's plan); • New shared multi-use trails that connect to the existing or planned RTS; and • New on-road bicycle and pedestrian facilities. Cities are encouraged to provide consistent trail/connection solutions and minimize changes in facility types along connections. Projects should promote multiple use opportunities for both bicyclists and pedestrians within the same corridor. On-road bicycle facilities may include a bicycle lane (preferred) or widened paved shoulder. A sidewalk would be an acceptable pedestrian facility. Wayfinding signage for the designated on- road route should meet King County's regional trail on-street connector guidelines. On-road projects should be considered as additions to the RTS network and may be mapped and signed as designated "On-Street Connections." On-street connections should be limited to designated non-motorized facilities/routes that directly link regional trails and should be undertaken using appropriate road engineering professional guidelines(e.g., AASHTO) for safety. On-Street Connections should be appropriately maintained to ensure ease of access and user safety. Prop 2 funds may be used to acquire and develop on-road facilities under two loose circumstances: Interim Facilities. On-road facilities may be developed to provide connections to the RTS on an interim basis, but only where such interim facilities will be and are in fact replaced with permanent, separated/dedicated trail facilities in the near term (i.e. within 10 years of the date the interim facilities go into service). Permanent facilities. Permanent on-road projects should be contemplated only in those corridors where development of separated, dedicated trails is infeasible over the long term (i.e. more than 10 years). If any permanent Prop 2-funded on-road connections are reduced or eliminated following construction, then another similar facility/route or appropriate separated/dedicated trail should be provided to ensure an ongoing linkage with the RTS. Under no circumstances may a Prop 2-funded on-road project be converted to motor vehicle use without direct, simultaneous replacement of the converted facility with an equal or better facility. 2. Trail projects should be consistent with established national, state, and local development guidelines for shared multi-use trails or on-road bicycle and pedestrian facilities. These guidelines include: • King County RTS Development Guidelines; • Guide to the Development Bicycle Facilities, American Assoc. ofState Highway and Transportation Officials (AASHTO); litaw C\Parks\King County Levy\Parks Levy-Guidance Document for Cities FINAL 10-21-08.doc 2 • WSDOT Design Manual; • FHWA Design Guidance and other federal resources ; Noiri • MUTCD, Part 9, Traffic Controls for Bicycle Facilities Cities are encouraged to work with King County Parks and Recreation Division to design and implement safe and appropriate regional trails and to ensure system compatibility. The County is updating RTS Development Guidelines for shared multi-use trails based on AASHTO and other guidelines for use on the RTS. On-road facilities should be planned and implemented with concurrence from local traffic and transportation professionals. 3. Parks Expansion Levy—Eligible Costs: Acquisition Projects A. Property Costs: Prop 2 funds may used to purchase fee title to real property, as well as improvements and structures on the property. Prop 2 funds may also be used to acquire property interests less than fee title (e.g. easements or development rights; see RCW 84.34.210, -220) so long as the duration of the interest acquired is perpetual and not temporary. B. Support/Administrative Costs: Prop 2 funds may used for costs directly associated with the acquisition of real property, including appraisal and title review; closing costs, fees and charges; cultural resources review (archaeological/historic sites); environmental site assessments for potential contamination; recording fees; tenant relocation costs; signing; other special reports related to the property's title, history or condition; surveys; and taxes ` associated with acquisition. 4. Parks Expansion Levy- Eligible Costs: Trail Development Projects A. Design/Planning Costs: Prop 2 funds may be used for expenditures, fees, or charges directly associated with the design of a trail project, including: architectural and engineering services and consultants; cultural resources review; environmental process (e.g. wetland delineation, EIS, mitigation), construction supervision, and miscellaneous design, permitting, and planning costs directly attributable to the project (e.g. advertising, printing, communication, progress reports, consultation, public hearings). B. Construction Costs: Prop 2 funds may be used for direct construction costs, demolition and site improvements, user amenities, signage,permits (excluding litigation), and surveys. 5. Acquisition Projects—Deed Restriction Language The following language should be placed on the deed of all Prop2-funded property or property interests acquired by cities: "This project was funded by [or, funded in part by] and is subject to the terms of the Open Space, Regional Trails, and Woodland Park Zoo levy lid lift authorized by King County Ordinance 15760 and approved by voters on August 21, 2007. The [City] covenants that the 1:\Parks\King County Levy\Parks Levy-Guidance Document for Cities FINAL 10-21-08 doe 3 [property or property interest] will be used for the purposes contemplated by Ordinance 15760, that the [property or property interest] shall not be transferred or conveyed except by deed providing that the [property or property interest] shall continue to be used for the purposes contemplated by Ordinance 15760, and that the [property or property interest] shall not be converted to a different use unless other equivalent [property or property interest] within the [City or County] shall be received in exchange therefore." 6. Coordination with Other Jurisdictions Cities should coordinate with each other and with the King County Parks and Recreation Division in connection with the expenditure of Prop 2 proceeds to maximize the objectives of open space and natural lands acquisitions in King County. 7. Expenditure of Funds While cities receiving Prop 2 proceeds are encouraged to expend their share of those funds as soon as practicable, there is no fixed expenditure timeframe and funding may be pooled across multiple years. However, cities' final expenditure of Prop 2 funds should be complete by December 31, 2014. 8. Supplanting of Funds Section 4.2 of your contract with King County prohibits you from using levy funds to supplant existing funds used for the same purpose. In addition, RCW 84.55.050 and Section 5 of King County Ordinance 15760 both prohibit supplanting of existing funds for the same purpose. RCW 84.55.050(2) defines existing funds in the following manner: For purposes of this subsection, existing funds means the actual operating expenditures for the calendar year in which the ballot measure is approved by voters. Actual operating expenditures excludes lost federal funds, lost or expired state grants or loans, extraordinary events not likely to reoccur, changes in contract provisions beyond the control of the taxing district receiving the services, and major nonrecurring capital expenditures. If you have any questions about whether your planned expenditures will improperly supplant existing funds, you may wish to consult your legal advisor. ".1rrr L:\Parks\King County Levy\Parks Levy-Guidance Document for Cities FINAL 10-21-08.doc 4 41.109 KING COUNTY & (City) SPECIAL PROPERTY TAX LEVY AGREEMENT This Special Property Tax Levy Agreement(the"Agreement") is made and entered into as of , 2008,by and between KING COUNTY, a political subdivision of the state of Washington(the"County") and the City of , a State of Washington municipal corporation. ("City"). RECITALS WHEREAS, the County owns and operates a park system with over twenty-five thousand (25,000) acres of regional parks and open spaces and over one hundred seventy-five (175)miles of regional trails. In addition, the County is the provider of local parks in the rural area and is the transitional provider of local parks in the urban incorporated areas; and WHEREAS, since 2003, on recommendation of the Metropolitan Parks Task Force and direction from the County Executive and County Council, the County's Parks and Recreation Division has focused on managing a system of regional parks, open spaces Ned and trails and a limited set of regional active recreation assets; and WHEREAS, consistent with its role as a regional and local rural service provider under Countywide Planning Policies and the State Growth Management Act, the County has divested itself of local parks and facilities in urban unincorporated areas as these areas incorporate or annex to cities; and WHEREAS, in November 2006, the County Executive created the Parks Futures Task Force to recommend a funding plan for the current County park system, and to examine what steps should be taken, if any, regarding future park system acquisitions; and WHEREAS, the Task Force recommended, among other things, that the County place before the voters a recommendation for a new $0.05, six-year, inflation adjusted property tax lid lift to expand park and recreation opportunities, one cent of the five-cent acquisition levy proceeds be distributed to cities for acquisition and development of open space and natural lands and city trail projects that support connections to the regional trail system, defined to include both county regional trails and city trails that are regional in nature, and may specifically include local trails in underserved areas linking to city of county trails that connect to regional trails; and WHEREAS, under state law, the Special Property Tax Levy funds may not supplant certain existing funds, as defined in RCW 84:55.050, used for the same purposes; and Nord 1 WHEREAS, on May 7, 2007, the King County Council adopted Ordinance 15760 which called for a special election in accordance with RCW 29A.04.321 to consider the Special Property Tax Levy; and WHEREAS, on August 21, 2007, the voters of King County approved the Special Property Tax Levy; NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: AGREEMENT 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: 1.1 "Annual Report" shall mean the annual report prepared by the City and provided to the County annually by May 1 beginning in 2009 setting forth a summary of city projects for the preceding year, along with a complete financial accounting for the use of County Levy Proceeds, and a listing of all capital investments made at the City funded in whole or in part by County Levy Proceeds, and for the 2009 annual report the City shall identify the dollar amount of the City's Existing Funds. 1.2 "City" shall mean the City of ,'State of Washington, and all of its boards, commissions, departments, agencies and other subdivisions. 1.3 "City proceeds" shall mean twenty percent (20%) of the total County Levy Proceeds collected by King County, specifically allocated by King County Ordinance 15760 for city projects. 1.4 "City projects" shall mean the acquisition of open space and natural lands and the acquisition and development of county regional trails or City trails that are regional in nature, and may specifically include local trails in underserved areas linking to city or county trails that connect to regional trails, consistent with Ordinance 15760. 1.5 "County"shall mean King County, State of Washington, and all of its boards, commissions, departments, agencies and other subdivisions. 1.6 "County Council" shall mean the County Council of King County, State of Washington. 1.7 "County Levy"means the Open Space, Regional Trails, and Woodland Park Zoo levy lid lift approved by the County voters on August 21, 2007. Now2 1.8 "County Levy Proceeds" shall mean the principal amount raised by the Nord County Levy, any interest earnings on the funds and the proceeds of any interim financing. 1.9 "Executive" shall mean the King County Executive or his or her functional successor. 1.10 "Existing funds" shall mean those funds, as defined by RCW 84.55.050, from the City's actual operating expenditures for the calendar year 2007 used to fund City projects. Actual operating expenditures shall not include lost federal funds, lost or expired state grants or loans, extraordinary events not likely to re-occur, and major nonrecurring capital expenditures. 1.11 "Regional trail system" shall mean the system-wide non-motorized network of designated off-road, shared-use paths, trails, or greenways for recreation and regional mobility. 2. Term of Agreement. The term of this Agreement(the"Term") shall be for a period commencing on the Effective Date (the"Commencement Date"), and expiring on December 31, 2014 (the"Termination Date"). 3. Receipt of County Levy Proceeds. Ned 3.1 Generally. The County shall distribute the City's proportionate share of the City Proceeds to the City pursuant to the schedule identified in Section 3.2 below; provided that, the County shall only have a duty to distribute the City Proceeds in accordance with the requirements of King County Ordinance 15760. 3.2 Receipt and Distribution of Levy Proceeds. 3.2.1 Payment Schedule. Throughout the term of the Levy, the County shall transfer the City Proceeds to the City on a monthly basis. Annual amounts shall be adjusted as set forth in the Levy, but the actual amounts transferred shall never exceed the City's proportionate share of the City Proceeds actually received by the County. 3.2.2 Administrative Fee. The Parties agree that the County has authority to deduct up to one percent(1%) from City Proceeds for expenditures related to the administration of the distribution of County Levy Proceeds. 3 4.1 Use of County Levy Proceeds. On or before May 1 of each year throughout the Term of this Agreement, the City shall provide the County with a copy '44410.- of the Annual Report and provide any further documentation showing that the County Levy Proceeds were expended on City Projects. 4.2 Representations and Warranties. The City represents and warrants that all City Proceeds received by the City shall be used only for specific City Projects as defined in this Agreement and that such funds shall not be used to supplant Existing Funding. The City represents and warrants that all City Projects shall be consistent with the requirements in King County Ordinance 15760. The City represents and warrants that in addition to the City's proportionate share of the City's Proceeds, the City shall annually expend on City Projects an amount equal to the City's Existing Funds. 5. Title to Improvements. All appurtenances, fixtures, improvements, equipment, additions and other property attached to or installed in the Premises during the Term shall be and remain the properties of City and shall not be deemed property of the County under any circumstances. 6. Notices. All notices required to be given hereunder shall be in writing and either delivered personally or sent by certified mail to the appropriate address listed below, or at such other address as shall be provided by written notice. Notice shall be deemed communicated two City business days from the time of mailing if mailed as provided in this section. For convenience of the parties, copies of notices %ow may also be given be other means; however, neither party may give official or binding notice except by personal delivery or by certified mail. If to the City: If to King County: Kevin Brown, Division Director King County Parks and Recreation Division Department of Natural Resources and Parks 201 South Jackson, Suite 700 Seattle, WA 98104 7.1 Compliance with Laws. The City shall comply and conform with all applicable laws and all governmental regulations, rules and orders. skew 4 7.2 City Agreement to Repay. The City agrees that it is financially responsible for and shall repay King County all indicated amounts following an audit exception that occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the WPZS, its officers, employees, agents, and/or representatives. This duty to repay King County shall not be diminished or extinguished by the prior termination of the Agreement pursuant to the Duration of Agreement or the Termination Sections. 8. Miscellaneous. 8.1 Liability of the County. The County's obligations to the City under this Agreement shall be limited to the terms and conditions set forth herein. Notwithstanding any other provision in this Agreement to the contrary, in no event shall the County be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including without limitation lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement. 8.2 Dispute Resolution. In the event of a dispute between the City and the County regarding any term of this Agreement, the parties shall attempt to resolve the matter informally through the following mechanism: the City (reps.) or their respective designee(s), shall meet with County(reps) or their respective designee(s) to review and discuss the matter(s) in dispute; if the City(reps) and County(reps) are unable to reach a mutual resolution, the Executive and the mayor, or their respective designee(s) shall meet to review and discuss the matter(s) in dispute. If such persons are unable to resolve the matter informally, either party may submit the matter to a non- binding, structured mediation procedure fashioned by persons or organizations experienced in alternative dispute resolution ("ADR") procedures. The mediation may be requested by any party and shall be initiated within thirty(30) days from the date of the request unless extended by agreement of both parties. The alternative dispute resolution procedures utilized for the mediation shall include the exchange of written claims and responses, with supporting information, at least seven (7) days prior to the actual mediation. The positions expressed and mediator's recommendations shall not be admissible as evidence in any subsequent ADR or legal proceeding. If the matter is submitted to mediation and the matter is not resolved, an affected party shall be entitled to pursue any legal remedy available. S 8.3 No Implied Waiver. No failure by either party hereto to insist upon the strict performance of any obligation of the other party under this Agreement or to exercise any right, power or remedy arising out of a breach thereof, irrespective of the length of time for which such failure continues (except in cases where this Agreement expressly limits the time for exercising rights or remedies arising out of a breach), shall constitute a waiver of such breach or of that party's right to demand strict compliance such term, covenant or condition or operate as a surrender of this Agreement. No waiver of any default or the performance of any provision hereof shall affect any other default or performance, or cover any other period of time, other than the default, performance or period of time specified in such express waiver. One or more written waivers of a default or the performance of any provision hereof shall not be deemed to be a waiver of a subsequent default or performance. The consent of either party hereto given in any instance under the terms of this Agreement shall not relieve the other party of any obligation to secure the consent of the other party in any other or future instance under the terms of this Agreement. 8.4 Headings and Subheadings. The captions preceding the articles and sections of this Agreement and in the table of contents have been inserted for convenience of reference and such captions in no way define or limit the scope or intent of any provision of this Agreement. 8.5 Successors and Assigns. The terms, covenants and conditions contained in this Agreement shall bind and inure to the benefit of the County and the City and, except as otherwise provided herein, their personal representatives and successors and assigns. There are no third party beneficiaries to this Agreement. 8.6 Agreement made in Washington. This Agreement shall be deemed to be made in and shall be construed in accordance with the laws of the State of Washington. Venue of any action brought by one party against the other to enforce or arising out of this Agreement shall be in King County Superior Court. 8.7 Integrated Agreement; Modification. This Agreement contains all the agreements of the parties hereto relating to the subject matter addressed herein, and cannot be amended or modified except by a written agreement approved by the King County Council and mutually executed between each of the parties hereto. 8.8 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original,but all of which taken together shall constitute one and the same instrument. 6 8.9 Time of Essence. Time is of the essence of each provision of this Agreement. 9.0 Signage. For each capital project funded with County Levy Proceeds, the City shall provide a sign including the following language: This project was funded (or as applicable, funded in part) with proceeds from the Open Space, Regional Trails, and Woodland Park Zoo levy lid lift approved by King County voters in August 2007 under an Agreement with King County Parks and Recreation Division. DATED this day of KING COUNTY, a Washington municipal CITY OF , a corporation Washington municipal corporation By By Its Its By authority of Ordinance No. 15760 Ov 7 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: For Agenda of: liore Dept/Div/Board.. Community Services/Parks December 1, 2008 Staff Contact Terry Flatley, x-6600 Agenda Status Consent X Subject: Public Hearing.. Contract Agreement - Coby Construction - Sidewalk Correspondence.. Repairs at Gene Coulon Memorial Beach Park Ordinance Bathhouse Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Contract Agreement & Exhibit A - Scope of Work Information Recommended Action: Approvals: Council Concur Legal Dept Yes Finance Dept Other Fiscal Impact: Expenditure Required... $48,886.50 Amount Budgeted $48,886.50 Revenue Generated Total Project Budget $48,886.50 City Share Total Project.. SUMMARY OF ACTION: Three proposals were obtained to perform sidewalk repairs in the bathhouse area at Gene Coulon Memorial Beach Park. Coby Construction submitted the lowest cost proposal. The location of the work is limited to the sidewalk around the bathhouse at Gene Coulon Memorial Beach Park. Coby Construction will remove and replace approximately 3,800 square feet of damaged aggregate concrete sidewalk in accordance with Exhibit A - Scope of Work. Work is expected to begin in December and will occur over several weeks. Park users will be notified 48 hours in advance of the work. The area will be protected with construction fencing. Two Hundred Thousand dollars ($200,000.00) was budgeted in the 2008 Capital Improvement Program for Sidewalk, Pathways and Patios under the Parks General Major Maintenance category. The remaining funds will be used for other identified projects at Cedar River Park, Liberty Park, and the Renton Senior Activity Center. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into the Contract Agreement with Coby Construction to perform sidewalk replacement and repairs at Gene Coulon Memorial Beach Park bathhouse. Rentonnet/agnbill/ bh 1:\2008 Files12008-221mb(AgnbillCoulonBeachSidewallcCoby).doc COMMUNITY SERVICES DEPARTMENT MEMORANDUM DATE: November 24, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: r— Denis Law, Mayor 7 J-ef?� FROM: Terry Higashiyama, Community Services Administrati /I2.J STAFF CONTACT: Leslie Betlach, Parks Director(x-6619) Terry Flatley, Parks Manager/City Forester(x-6601) SUBJECT: Contract Agreement with Coby Construction for Sidewalk Repairs at Gene Coulon Memorial Beach Park Bathhouse ISSUE Should the Mayor and City Clerk be authorized to execute the Contract Agreement with Coby Construction to perform sidewalk repairs at Gene Coulon Memorial Beach Park Bathhouse? BACKGROUND SUMMARY ,, The sidewalks around the bathhouse at Gene Coulon Memorial Beach Park are in need of repairs. Approximately 3,800 square feet of concrete walk has deteriorated requiring removal and replacement with new concrete. The new walk will conform to the size of the existing walks, will have an aggregate surface, and will be sealed. Three proposals were submitted for this work and Coby Construction provided the best service at the lowest cost to the City. Exhibit A—Scope of Work provides detailed specifications for the sidewalk repairs. CONCLUSION The work is expected to take several days to accomplish. The area will be fenced to protect park patrons and City staff. The public will be provided 48 hours advanced notice prior to work proceeding. RECOMMENDATION Authorize the Mayor and City Clerk to execute the Contract Agreement with Coby Construction in the amount of$48,886.50 to perform sidewalk repairs at-Gene Coulon Memorial Beach Park Bathhouse. Attachment: Exhibit A '�wrr CC: Jay Covington, Chief Administrative Officer Iwen Wang, FIS Administrator I:\2008 Files\2008-220mb(2008 Issue Paper Coulon Beachhouse Walk).doc ti-cY 0 CITY OF RENTON COMMUNITY SERVICES DEPARTMENT CONTRACT AGREEMENT THIS AGREEMENT is made as of the day of , 2008, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as"CITY" and Coby Construction , hereinafter referred to as"CONTRACTOR", to remove and replace sidewalks in Coulon Park, at the South Beach Bath House, 1201 Lake Washington Boulevard North, Renton,WA 98057. The City and Contractor agree as set forth below. 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all work described in the Scope of Work,Exhibit A,which is part of this Agreement. 2. Changes in Scope of Services. The City,without invalidating the Contract, may order changes in the Services consisting of additions, deletions or modifications, the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Change Order signed by the City and the Contractor. 3. Time of Performance. The Contractor shall commence performance of the Contract no later than ten Nvid (10)calendar days after Contract's final execution, and shall complete the full performance of the Contract not later than 180 calendar days from the date of commencement. 4. Term Of Contract.The Term of this Agreement shall end at completion of the enclosed scope of work. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Contractor. 5. Contract Sum. The total amount of this Contract is the sum of $48,886.50 which includes Washington State Sales Tax. 6. Method of Payment. Payment by the City for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in the form specified by the City. Payment will be made thirty(30)days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Contractor for any work not completed in a satisfactory manner until such time as the Contractor modifies such work so that the same is satisfactory. 7. Performance Bond Required. A performance bond is required in accordance with RCW 39.08.010, for the faithful performance of the contract. Exhibit"A"provides a form that shall be completed by the Contractor upon signing of the contract. The amount of the bond shall equal the contract sum. Contractor shall conform to the provisions provided on the"Bond to the City of Renton Form." 8. Prevailing Wage Rates. By executing this Contact, the Contractor agrees to comply with the State prevailing wage requirements. 9. Warranty. The contractor warrants for itself and all of its employees that they have the requisite training, skill and experience necessary to provide the services specified in the Scope of Work and are appropriately accredited and licensed by all applicable agencies and governmental entities. 10. Independent Contractor. The Contractor and City agree that the Contractor is an independent contractor with respect to the services provided under this Agreement. Neither the Contractor nor any employee of the Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The Contractor shall be responsible for paying all applicable taxes including income and business taxes. 11. Record Keeping and Reporting. The Contractor shall maintain accounts and records which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Contractor agrees to provide access to any records required by the City. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this Contract without express written consent of the City of Renton. 13. Discrimination Prohibited. Contractor, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees, or procurement of materials or supplies. The Contractor shall complete the"Affidavit of Compliance" included. 14. Hold Harmless. The Contractor shall indemnify, defend and hold the City, its officers,officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits Nom* including attorneys fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employers and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 15. Insurance. The Contractor shall secure and maintain in force throughout the duration of this Agreement, Commercial General Liability insurance written as an occurrence basis with limits no less than $1,000,000 per occurrence for personal injury and property damage; and/or other insurance to indemnify for the activities and services of this Agreement. The City shall be named as an additional insured, on a primary noncontributory basis, on the Commercial General Liability Insurance Policy with respect to work performed by or on behalf of the Contractor. The Contractor shall include a provision prohibiting cancellation of said policy except upon forty-five(45)days(RCW 48.18.290) prior written notice to the City. The City reserves the right to receive a certified copy of all required insurance policies. A Certificate of Insurance evidencing the Contractor's insurance coverage shall be delivered to the City before executing this Agreement. A Nireire completed copy of the City of Renton Insurance Information Form shall be included with this Agreement. 08Coulon Park Bath House Sidewalk.Contract&EhibitA Page 2 of 6 16. Compliance with Laws. The Contractor and all of the Contractor's employees shall perform the ,141.1 services in accordance with all applicable federal, state,county and city laws,codes and ordinances. 17. Renton Business License. Prior to signing a contract,the Contractor agrees to purchase a City of Renton Business License and maintain the license in full force and effect throughout the work of the project. The License may be purchased from the Finance Department located in the City of Renton Municipal Building, 1055 S. Grady Way(first floor), Renton WA. 18. Termination. Prior to the expiration of the Term,this Agreement may be terminated without cause by either party, subject to a 30-day written notice of termination. The termination notice must specify the grievance and cause for termination, which must relate directly to a failure to meet specific contract provisions. The notice shall allow the other party a minimum of seven (7)days to remedy the grievance. 19. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the City of Renton contract shall prevail. 20. Exhibits to Agreement. The following exhibits are attached to this contract and incorporated herein by this reference: Exhibit A-Scope of Work&Bond to the City of Renton Form Insurance Information Forms This Agreement is entered into as of the day and year written above. CONTRACTOR CITY OF RENTON Signature Signature Ltict . Q l irk_ai , f)LZ)ner Denis Law,Mayor p p Printed Name and Title Printed Name and Title l_ C b y bnA .rL& t(p,.L 3 Business Name Attest P.1).61)X bS 165 Bonnie I.Walton, City Clerk Mailing Address Printed Name and Title �vrbir,, 1x)A 8D. Ci State Zip aDll) - ass-/e;4443 Telephone 08Coulon Park Bath House Sidewalk.Contract&EhibitA Page 3 of 6 %ow• Exhibit A - Scope of Work Concrete Walkway Removal and Replacement Project Additional requirements may be requested by the City of Renton after project start-up. It is the responsibility of the contractor to notify the City of any additional requirements before performing such work and associated costs. Location of Project Coulon Park Bath House Sidewalks 1201 Lake Washington Boulevard North Renton, WA 98057 Existing concrete pathways around beach house only— approximately 3,800 square feet removal and replacement with an exposed aggregate finish. General Work Requirements 1. The contractor is responsible for ensuring its employees and subcontractors follow proper and safe working procedures for each trade. 2. All site conditions must be fully restored to pre-existing conditions at project completion. Examples of this include, re-sodding where turf has been damaged or removed, form trenches are backfilled to match grades, damaged curbing replaced as a result of the work and other repairs directly related to demolition, site work and other damages caused to perform the work. Required repairs shall be at the direction of the City. 3. Construction fencing shall be provided by the contractor to protect the public from accessing the construction site at all times. Fencing to be in-place prior to beginning work. 4. All debris shall be cleaned and removed from the site at the conclusion of each work day, whenever possible. This includes construction materials as well as personal debris such as litter and other debris. 5. Damages and repairs to park property or park patrons' property (e.g. automobiles) shall be the sole responsibility of the contractor to pay for and repair to the satisfaction of the City. 6. Contractor shall have on-file a current City of Renton Business License and must complete a Vendor Set-up Form if new to working in the City of Renton. 7. Contractor shall submit the required insurance coverage information and must be approved by the City before beginning work under this contract. 8. Contractor is responsible for contacting affected utilities for locating utilities prior to beginning work. 9. Schedule work so that exposed areas can be completed in one day so sites do not remain exposed for more than one day, whenever possible. 10. Contractor shall complete the"Bond to the City of Renton Form"at the time of contract signing. Now 08Coulon Park Bath House SidewalKContract8EhibitA Page 4 of 6 Specific Requirements 1. Construction fencing shall be placed around trees and shrubs at the direction of *IS the City for the purpose of protecting vegetation from construction activities. Coarse bark is required installed at a one-foot depth when work areas, drive routes, equipment and supply storage occur near trees or within their root zones and placed at the direction of the City. 2. Staging areas shall be reviewed with the City prior to beginning any work under this contract. 3. Remove all existing pavement as specified. Dispose of all construction debris at an appropriate facility. Recycling of debris is highly encouraged. 4. Prepare sites with minimal disturbance. Use narrow forms and narrow equipment to reduce the demolition and installation "footprint." 5. Clean exposed pathways of all debris such as large stones, tree roots and other objects. Cleanly cut tree roots prior to installing forms. 6. Level all areas to receive base course. Add 4-inches of 5/8-inch crushed rock base unless instructed otherwise by the City. 7. Install 1/2-inch diameter rebar reinforcement to formed areas, 18 inches on- center, wired at intersections and suspended on chairs. Tie-in rebar to existing slabs by drilling into existing concrete a minimum of 1-inch and suspended at least 1-inch above grade or at the same height as suspension-chairs. 8. Concrete shall be placed so that the final thickness is 4 inches unless instructed otherwise by the City. Use a Portland cement suitable for sidewalks that carry small vehicle loads (3,000 psi or greater) and finished to City specifications listed for each site. All concrete shall form to match existing joints without displacement of abutting edges. 9. In the event of rain, Contractor shall cover all concrete poured in one day with enough plastic to cover all surfaces. 10.Contractor is responsible for protecting poured concrete from damage. Damaged concrete shall be removed and re-poured at the contractor's expense. 11.Concrete forms shall provide the best support strength for holding concrete and ensuring straight edges for finished surfaces. Reinforce forms using metal stakes. Concrete walk with uneven edges shall be removed and replaced. 12.All finished grades shall precisely match adjoining surfaces without deviation unless otherwise approved by the City. This includes non-concrete surfaces such as drain grates or catch basins and the like. 13.All cut or formed control joints shall match the same pattern used for removed concrete or similar to other existing concrete unless otherwise specified by the City. Use 1/2-inch felt expansion material where new concrete abuts existing concrete. 14.Apply an approved concrete sealer to all new surfaces prior to completion of all site work. 08CouIon Park Bath House Sidewalk.Contract&EhibitA Page 5 of 6 J Bond No. 335698P Bond to the City of Renton Form KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned KMBB, LLC dba Coby Construction as principal, and Developers Surety and Indemnity Company corporation organized and existing under the laws of the State of Iowa as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Forty eightithousandlddi§U/ht 100ndred for the payment of which sum on Renton in the penal sum $eignty s x doars an demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinance of the City of Renton. Dated at Monroe , Washington,this hth day of November ,2008 Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG- providing for construction of Coulon Park Bath House Sidewalk Project Name Nitome the principal is required to furnish a bond for the faithful performance of the contract; and WHEREAS,the principal has accepted,or is about to accept,the contract,they undertake to perform the work therein provided for in the manner and within the time set forth; NOW,THEREFORE,if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen,and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void;but otherwise it shall be and remain in full force and effect. KMBB, LLC dba Coby Construction. Dev- ii- y Principal Surety moi. O/ 9750 3rd Ave NE #305 L-----') Seattle, WA 98115 Sign ure Surety's Addreso (17 1,.e1 /3 u it 44., Lb ny r Name and Title gent• '" .ry L. Faure' Attorney in fact Name and Ti+je 08Coulon Park Bath House Sidewalk.Contract&EhibitA Page 6 of 6 CITY OF RENTON COUNCIL AGENDA BILL AI M: 4,: 1100,09, Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department December 1, 2008 Staff Contact Iwen Wang, Administrator Agenda Status Consent X Subject: Public Hearing.. Correspondence.. 2008 Year End Budget Amendment Ordinance Ordinance X Resolution Old Business Exhibits: New Business Issue paper Study Sessions Ordinance Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept X Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The proposed 2008 Year End Budget Amendment Ordinance amends the 2008 budgeted expenditures by $8,851,846 and increases the revenue estimates by $19,360,902. STAFF RECOMMENDATION: Approve the 2008 Year End Budget Amendment and adopt the Ordinance. C:\DOCUME—I\BWalton\LOCALS-1\Temp\2008_Year End Budget Amend Ord Agenda Bill.doc O‘f ,, FINANCE AND INFORMATION SERVICES :: DEPARTMENT MEMORANDUM DATE: December 1, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Iwen Wang, Administrator L SUBJECT: 2008 Year End Budget Amendment Ordinance (Clean Up) ISSUE Should an Ordinance be adopted to amend the 2008 budget as described herein? Now RECOMMENDATION Approve the 2008 Year End Budget Amendment Ordinance increasing 2008 budgeted expenditures by $8,851,846 and the revenue estimates by$19,360,902. BACKGROUND SUMMARY This year-end budget ordinance consists of three types of amendments that are common to the "Clean Up"budget adjustment: 1. Recognize grants/contributions received and associated project/program costs; 2. Correct errors and align transfers in the current budget; 3. Adjust appropriations to accommodate cost increases that were not anticipated in the original budget. In addition to the above typical adjustments, the ordinance will also closeout the Revenue Bond Reserve Fund (461), and allocates the balance to the respective utilities to reflect changes in the use of bond insurance instead of reserves. HIGHLIGHT OF PROPOSED CHANGES General Governmental Fund: Community Services (Fund 001): • Recognize donation revenues and program costs for Renton Housing Authority Summer Programs and Summer Teen Musical. Budget neutral. Akesow h:\finance\adminsup\02_issuepapers_memos to council or mayor\2008 year end budget amendment issue paper.doc t Marcie Palmer, Council President Members of the Renton City Council December 1,2008 Page 2 of 3 • One time funding ($10k) for contracted survey costs for Cascade Park related to the Benson Hill Annexation. Community Development Block Grant (Fund 004): Reduce the adopted budget to reflect the actual CDBG awards and contract amounts. Capital Project Fund: Transportation Impact Mitigation (Fund 305): Adjustments are requested for the transfer of fund balance from Fund 305 to fund expenditures in 317. Municipal Facilities CIP Fund(Fund 316): • $2.25 million in City Hall/Facilities adjustment to accommodate Benson Hill Annexation costs. Funded with$1.2 million in King County Annexation Fund, transfer of$494k facilities improvement budget in General Fund, and reallocate $550k state sales tax credit from Equipment Rental Fund. • Burnett Linear Park Phase II funding provided by 317. Transportation CIP Fund (Fund 317): Budget correction and transfer of funds to 316 for Burnett Linear Park Phase II expenses. South Lake Washington Infrastructure (Fund 318): Correct carry-forward adjustment entries for Sales Tax, RE Excise Tax, Grants, and Developer Reimbursement. Enterprise Fund: Water Operating Fund (Fund 405): Adjust revenue budget to include 2008 Bond Proceeds and the allocation of fund balance from Fund 461, Bond Reserves. Wastewater Operating Fund (Fund 406): Adjust revenue budget to include 2008 Bond Proceeds and the allocation of fund balance from Fund 461, Bond Reserves. Surface Water Operating Fund (Fund 407): Adjust revenue budget to include 2008 Bond Proceeds and the allocation of fund balance from Fund 461, Bond Reserves. Bond Reserve Fund (Fund 461): Allocate fund balance to Waterworks Operating funds as reserve is no longer required. Internal Services Fund: Equipment Rental (Fund 501): Increase appropriation for fuel based on actual 2008 results, and correct allocation of Annexation Sales Tax Revenue to Municipal Facilities Fund 316. h:\finance\adminsup\02_issuepapers_memos to council or mayor\2008 year end budget amendment issue paper.doc Marcie Palmer,Council President Members of the Renton City Council December 1, 2008 Page 3 of 3 CONCLUSION The primary 2008 budget amendments proposed are the recognition and use of new revenues, reallocation of revenue between funds. The only exception is an increase in $331 k in fuel cost and a $10k one-time Cascade Park survey cost appropriations based upon projected actual 2008 results. Attachment: Draft Budget Amendment Ordinance and Attachment A. cc: Jay Covington, CAO Marty Wine,Assistant CAO Bonnie Walton,City Clerk Department Administrators '44ww. h:\finance\adminsup\02_issuepapers_memos to council or mayor\2008 year end budget amendment issue paper.doc CITY OF RENTON, WASHINGTON sviiiiii ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROVIDING FOR THE 2008 YEAR END BUDGET AMENDMENTS. SECTION I. The appropriations and revenues for the following funds are hereby amended as follows: 2008 Adjusted 2008 Final REVENUE Appropriation Amendment Appropriation Fund 001 COMMUNITY SERVICES 13,968,543 40,487 14,009,030 Fund 004 CDBG 419,700 (142,956) 276,744 Fund 316 MUNICIPAL FACILITIES CIP 3,885,378 2,328,040 6,213,418 Fund 317 TRANSPORTATION CIP 40,489,029 3,076,771 43,565,800 Fund 318 SO LAKE WA INFRASTRUCTURE 1,828,255 1,492,956 3,321,211 Fund 405 WATER OPERATIONS 11,198,746 6,760,244 17,958,990 Fund 406 WASTEWATER OPERATIONS 5,590,812 3,690,666 9,281,478 Nod Fund 407 SURFACE WATER OPERATIONS 4,822,834 2,664,694 7,487,528 Fund 501 EQUIPMENT RENTAL 6,381,575 (550,000) 5,831,575 TOTAL REVENUE $ 88,584,872 $ 19,360,902 $ 107,945,774 2008 Adjusted 2008 Final EXPENDITURE Appropriation Amendment Appropriation Fund 001 COMMUNITY SERVICES 14,357,342 50,487 14,407,829 Fund 004 CDBG 8,837,279 (142,956) 8,694,323 Fund 305 TRANSPORTATION IMPACT MITIGATION 2,223,229 3,076,771 5,300,000 Fund 316 MUNICIPAL FACILITIES CIP 16,729,745 2,328,040 19,057,785 Fund 317 TRANSPORTATION CIP 46,428,715 46,425,715 Fund 461 WATERWORKS BOND RESERVE 83,244 3,208,114 3,291,358 Fund 501 EQUIPMENT RENTAL 7,359,868 331,390 7,691,258 TOTAL EXPENDITURE $ 96,019,422 $ 8,851,846 104,871,268 2008 Adjusted 2008 Final NET ADJUSTMENT Appropriation Amendment Appropriation TOTAL REVENUE ADJUSTMENT $ 88,584,872 $ 19,360,902 $ 107,945,774 1 ORDINANCE NO. \rv_ TOTAL EXPENDITURE ADJUSTMENT $ 96,019,422 $ 8,851,846 $ 104,871,268 TOTAL NET ADJUSTMENT $ (7,434,550) $ 10,509,056 $ 3,074,506 SECTION II. The monies for the budget amendments shown in Section I are derived from available fund balances or increased revenues as described in Attachment A. SECTION III. This ordinance shall be effective upon its passage, approval, and five 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. w Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date Published: ORD:1523:1 l/24/08:scr 2 11/24/20089:17 AM CITY OF RENTON 2008 Budget Adjustment Request Attachment A Ordinance# Expenditure Budget Revenue Budget Change in Fund Adjustment Adjustment Balance General Governmental Funds Community Services Fund 001 One time maintenance costs-Contracted Survey Costs for Cascade Park related to Benson Hill Annexation. 10,000 Funded via Beginning Fund Balance (10,000) Excess Staff Costs for Summer Programs 24,544 Renton Housing Authority Summer Programs 24,544 Summer Teen Musical Expenditures 15,943 Donations-Summer Teen Musical 15,943 Total Community Services Fund 001 50,487 40,487 (10,000) CDBG Fund 004 Adjust Per Contract (142,956) Adjust Per Contract (142,956) Total CDBG Fund 004 (142,956) (142,956) Total General Governmental Funds (92,469) (102,469) (10,000) Capital Funds Municipal Facilities CIP Fund 316 City Hall/Facilities adjustment to accommodate BH Annex 2,253,040 King County Annexation Contribution 1,209,000 Transfer In Benson Hill Facility Budget from Fund 001 494,040 Re-allocation of Annexation Sales Tax Revenue from 501 550,000 Burnett Linear Park Phase II 75,000 Transfer in from Fund 317 75,000 Total Municipal Facilities CIP Fund 316 2,328,040 2,328,040 Transportation Fund 317 Burnett Linear Park Phase II Transfer to 316 75,000 Road/Street Construction (75,000) Transfer in from Fund 305-Budget Correction 3,076,771 3,076,771 Total Transportation Fund 317 - 3,076,771 3,076,771 Transportation Mitigation Fund 305 Transfer out to Fund 317-Budget Correction 3,076,771 Fund Balance (3,076,771) Total Transportation Mitigation Fund 305 3,076,771 - (3,076,771) South Lake WA Fund 318 Correct carry-forward adjustment entries: Sales Tax 131,034 Real Estate Excise Tax 1,096,176 Economic Devl Adm Grant 347,849 CTED State Grant 500,000 Developer Reimbursement (582,103) Fund Balance 1,492,956 Total South Lake WA Fund 318 - 1,492,956 1,492,956 Total Capital Funds 5,404,811 6,897,767 1,492,956 H:\FINANCE\ADMINSUP\03_Ordinances_Resolutions\2008 Budget ordinances\2008 Year End Ordinance Summary Attachment A.xls 1of2 11/24/20089:17 AM CITY OF RENTON 2008 Budget Adjustment Request Attachment A Ordinance# Expenditure Budget Revenue Budget Change in Fund Adjustment Adjustment Balance Water Fund 405 2008 Revenue Bond Proceeds 4,854,670 Transfer In from Waterworks Bond Reserve Fund 461 1,905,574 Fund Balance 6,760,244 Total Water Fund 405 - 6,760,244 6,760,244 Wastewater Fund 406 2008 Revenue Bond Proceeds 2,873,172 Transfer In from Waterworks Bond Reserve Fund 461 817,494 Fund Balance 3,690,666 Total Wastewater Fund 406 - 3,690,666 3,690,666 Surface Water Fund 407 2008 Revenue Bond Proceeds 2,179,648 Transfer In from Waterworks Bond Reserve Fund 461 485,046 Fund Balance 2,664,694 Total Surface Water Fund 407 - 2,664,694 2,664,694 Bond Reserve Fund 461 Transfer out to 405,406,407 3,208,114 Fund Balance (3,208,114) Total Bond Reserve Fund 461 3,208,114 - (3,208,114) Total Water Funds 3,208,114 13,115,604 9,907,490 Equipment Rental Fund 501 Fuel costs exceeding budget. Adj Bud of$1 million versus forecasted total of 1.3 million 331,390 Fund Balance (331,390) Correct Allocation of Annexation Sales Tax Revenue (550,000) Fund Balance (550,000) Total Equipment Rental Fund 501 331,390 (550,000) (881,390) Total Internal Service Funds 331,390 (550,000) (881,390) Grand Total 8,851,846 19,360,902 10,509,056 H:\FINANCE\ADMINSUP\03_Ordinances_Resolutions\2008 Budget ordinances\2008 Year End Ordinance Summary Attachment A.xls 2of2 CITY OF RENTON COUNCIL AGENDA BILL AI#: 64 4' Submitting Data: For Agenda of: Naol Dept/Div/Board.. Finance & IS Department December 1, 2008 Staff Contact George McBride, Information Agenda Status Services Consent X Subject: Public Hearing.. Correspondence.. Lease/Purchase Contract with Qwest for a replacement Ordinance telephone system Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Lease/Purchase Contract Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: Expenditure $371,258.61 Transfer/Amendment Required... Amount $ 90,000.00 (2008 Budget) Revenue Generated Budgeted $100,000/per year for 2009-11 Total Project Budget $371,258.61 City Share Total Project.. SUMMARY OF ACTION: The City's existing telephone switch (PBX) is in need of replacement. Execution of a contract with Qwest for the replacement is recommended. This would be a three-year lease/purchase agreement in the amount of$340,603.95 + applicable use/sales taxes. STAFF RECOMMENDATION: Approve the Lease/Purchase contract with Qwest in the total amount of$371,258.61 for replacement of the City telephone switch PBX, and authorize the Mayor and City Clerk to sign the contract. C:\DOCUME-l\BWalton\LOCALS--1\Temp\2009_Agenda bill for Qwest Agreement PBX System.doc L.)ti`SY O� FINANCE AND INFORMATION SERVICES ® , DEPARTMENT • MEMORANDUM DATE: November 24, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Iwen Wang, Finance and Information Services Administrator w v STAFF CONTACT: George McBride, Information Services SUBJECT: Lease/Purchase with Qwest for a replacement phone system ISSUE: Should the City approve a lease/purchase agreement with Qwest for the replacement of the City's existing phone switch (PBX)? RECOMMENDATION: Staff recommends approval of the lease/purchase contract with Qwest. BACKGROUND SUMMARY: The city purchased the existing Nortel Option 61c phone switch as the City's main PBX(private branch exchange)in 1998 as part of the remodel of the current City Hall. In addition, the City also purchased three smaller Nortel PBX's located at Fire Station#12, the 200 Mill Avenue Building (serves the entire Liberty Park and Renton Community Center campus), and the Senior Center which serves the facilities shops and the parks shops buildings. The City also maintains six additional Nortel key systems at various locations throughout the city for a total of ten phone switches. In 2007 we were told by our existing support vendor, Verizon,that an upgrade of firmware (operating software)in our switch was needed as the current software was reaching end-of-life. The Nortel Option 61c is the City's primary means of communications. As such,the projected upgrade cost of$50,000 was included and approved in the IS Capital Improvement Project budget for 2008. In January of this year,Verizon was asked to schedule the work. Thirty days later we received a revised proposal of$150,000 for the same work. Given the Option 61c is over ten years old and a very old technology,we began exploring other options for the City. Working with Qwest,Verizon, and Cisco,we reviewed three preliminary proposals with our consultant,Northwest Information Services. Through this process it became clear that Verizon was not acting in the best interests of the city and began serious negotiations with Qwest for a replacement system. Qwest represents the two top tier players in this market,Nortel and Cisco. As industry leaders in Voice over IP telecommunication solutions, feature sets and functionality for both products are similar. The initial pricing from Qwest for the Nortel solution was at the $400,000 mark. With factory support, Cisco was able to assist Qwest bring in similar pricing. I Marcie Palmer, Council President Members of the Renton City Council December 1,2008 Page 2 of 2 We then proceeded to fine tune the scope of work for the project. How many phones,redundant switches at City Hall and Fire Station#12(to enhance disaster recovery and business continuity), the ability to have diverse circuit routes,retain the City's investment in its new voice mail system, future unified communications capabilities,in-station and remote location paging, etc. The recommendation from our consultant, Qwest and staff is to leverage our existing Nortel IP phone technical skills and knowledge, existing phone set investment,and new voice mail system by selecting the Nortel system. Selection of the Nortel system also means a gradual transition from the existing system to the new system with little if any staff disruption rather than a fork lift upgrade. Working with our consultant we have been successful in reducing the proposal amount from the initial $400,000+amount to $340,603.95 plus tax. $90,000 is set aside for a down payment and the balance has been added to the CEP at$100,000 per year for the next three years. As the state's third largest telephone company,the City of Seattle has a purchasing contract with Qwest that can be used by the City to make this purchase. CONCLUSION: Staff recommends that the contract be executed with Qwest for$340,603.95 plus applicable use/sales taxes to be funded through a three-year lease agreement. GM/mr Attachment: Qwest Contract for Replacement of Phone System(PBX) cc: Bonnie Walton,City Clerk `ad Jay Covington,CAO George McBride,Information Services Linda Parks,Fiscal Director/Finance General Electric Capital Corporation 10 Riverview Drive Danbury, CT 06810 November 24,2008 Same Same as Above Dear Same . Thank you for choosing General Electric Capital Corporation for your financing solution. The following is a list of documents that are required for the lease of your system: Master Lease/Purchase Agreement Annex C(Certificate of Non-Arbitrage and Essential Use) Agreement Addendum Annex D(Opinion of Counsel) Equipment Schedule Amortization Annex Equipment and Software Listing UCC Financing Statement Schedule Addendum Sales/Property Tax Verification Form Lease Rate Factor Addendum Insurance Letter Annex A(Certificate of Resolutions) Acceptance Certificate Annex B (Certificate of Incumbency) -wing are the 4 easy steps necessary to complete the documentation package: '44. '" 1) Please have an individual designated by the governing body of your Organization execute the documents by signing where indicated by the red check marks. Federal Tax ID#must be provided with signed documents. 2) Return executed original documents in the prepaid Fedex Package to . 3) Retain the Acceptance Certificate until your system is installed and operating. 4) Once your system is installed and operational, please execute the Acceptance Certificate by signing where indicated by red check marks and fax it to 1-800-442-2090. After you have faxed the Acceptance Certificate, please mail the copy with your original signature to: 10 Riverview Drive, Danbury, CT 06810 Attention: Funding/Booking Dept. It is anticipated that the document package should be signed and returned to our office within(5)five business days in order to expedite your system order. Please Note that the monthly rent amount on the enclosed lease agreement exludes applicable sales/use and property taxes. These taxes will be billed by General Electric Capital Corporation in accordance with local taxing authority's assessment unless you have elected a$1 Purchase Option in which case you are responsible for promptly reporting and paying personal property taxes. General Electric Capital Corporation will invoice you for any sales/use taxes unless you provide us with a copy of your Exemption Certificate with your signed documents. Should you have any questions, please contact me at and reference account number Sincerely, 'Asir Account Manager o.,u Y�,' .yt, .Ss (( �h '�'.�'. �.. .�y&�k'-t .. ..mac, =�t,�, 5 t. <R� :;fes.. may. ,•:,fir;:. -fit `�r . a • ..,, ,� cu h hated— y . Small Ticket Doc Name #of Copies El INPUT PAGE 1 ❑ PRINTING LIST 1 ❑ COVER LETTER 2 ❑ LEASE 2 ❑ INVOICE 2 ❑ ACCEPTANCE CERTIFICATE 2 ❑ TAX VERIFICATION 2 ❑ LETTER 1 2 ❑ LETTER 2 2 ❑ PURCHASE ORDER 1 Cl UCC COVER LETTER 2 ❑ UCC EXHIBIT A 2 ❑ CONSENT OF SUPPLIER 2 El MAINTENANCE ADDENDUM 2 ❑ MAINTENANCE AGREEMENT 2 • El LEASE RATE ADDENDUM(5 STATE) 2 Mid Ticket ❑ INPUT PAGE 1 ❑ PRINTING LIST 1 ❑ COVER LETTER 2 ❑ MASTER LEASE 2 El EQUIPMENT SCHEDULE 2 ❑ EQUIPMENT LIST A 2 ❑ EQUIPMENT LIST B 2 ❑ Y2K ADDENDUM(MCI ONLY) 2 ❑ INVOICE 2 ❑ ACCEPTANCE CERTIFICATE 2 ❑ TAX VERIFICATION FORM 2 ❑ LEASE RATE FACTOR ADDENDUM 2 ❑ INSURANCE LETTER 2 ❑ CONSENT OF SUPPLIER 2 ❑ UCC COVER LETTER 2 ❑ UCC EXHIBIT A 2 ❑ OPINION OF COUNSEL 2 ❑ CERTIFICATE OF SECRETARY 2 NIS ❑ PURCHASE ORDER 1 El MAINTENANCE ADDENDUM 2 El MAINTENANCE AGREEMENT 2 ❑ LEASE RATE ADDENDUM(5 STATE) 2 ❑ ARREARS ADDENDUM 2 ❑ INSTALLATION SITE ADDENDUM 2 SLG ® INPUT PAGE 1 ❑ PRINTING LIST 1 ® COVER LETTER 2 • MASTER LEASE/PURCHASE AGR. 2 • EQUIPMENT SCHEDULE 2 ® EQUIPMENT LISTA 2 ❑ EQUIPMENT LIST B 2 ❑ INVOICE 2 ® ACCEPTANCE CERTIFICATE 2 ® TAX VERIFICATION FORM 2 ® LEASE RATE FACTOR ADDENDUM 2 ® INSURANCE LETTER 2 ❑ CONSENT OF SUPPLIER 2 • UCC COVER LETTER 2 • UCC EXHIBIT A 2 ® AMORTIZATION ANNEX 2 ® CERT OF RESOLUTIONS(ANNEX A) 2 ® CERT OF INCUMBENCY(ANNEX B) 2 ® CERT OF NON-ARBITRAGE(ANNEX C) 2 ® OPINION OF COUNSEL(ANNEX D) 2 ❑ NOTICE AND ACKNOWLEDGEMENT 1 ❑ BILL OF SALE 1 ❑ MAINTENANCE ADDENDUM 2 ❑ MAINTENANCE AGREEMENT 2 El INSTALLATION SITE ADDENDUM 2 Lessor General Electric Capital Corporation Master Lease/Purchase Agreement Lessee Contact Title 1ss Telephone Number Facsimile Number Master Lease/Purchase Agreement _r No. City County State Zip Code TERMS AND CONDITIONS(The Reverse side contains Terms and Conditions which are also a part of this Agreement) 1. LEASE: Lessor shall purchase and lease to Lessee the equipment and associated such overdue amount, but not exceeding the lawful maximum, if any. All payments items ("Equipment") that shall be described in any Equipment Schedule ("Schedule") provided herein shall be payable to Lessor at its address set forth in Section 18 hereof or which is executed from time to time by Lessor and Lessee and makes reference to this such other place as Lessor directs,in writing. Agreement. This Agreement shall be incorporated into each Schedule. When computer 4. NONAPPROPRIATION: This Section is applicable only if the inclusion of such a programs and related documentation("Software")are furnished with the Equipment,and nonappropriation provision is legally required. Lessee's obligations to pay Rent and any a non-exclusive license and/or sublicense is granted to Lessee in an agreement other amounts due for each Fiscal Period (as set forth in the applicable Schedule)is ("Supplier Agreement")with the suppliers("Supplier")identified on the Schedule,to the contingent upon approval of the appropriation of funds by its governing body. In the extent permitted, Lessor grants Lessee a similar non-exclusive sublicense to use the event funds are not appropriated for any Fiscal Period equal to amounts due under the Software only in conjunction with the Equipment for so long as the Equipment is leased Lease, Lessee may terminate the Lease effective on the first day of such Fiscal Period, hereunder. The Equipment and Software include, but are not limited to, all additions, ("Termination Date"),if: (a)Lessee has used due diligence to exhaust all funds legally attachments and accessions thereto and replacements thereof(collectively, "System"). available;and(b)Lessor has received written notice from Lessee at least thirty(30)days Any reference to "Lease" shall mean this Agreement, the Schedule, the Consent of before the Termination Date. Upon the occurrence of such nonappropriation, Lessee Supplier,if applicable,the Acceptance Certificate,Annexes A through D,and any riders, shall not be obligated for payment of any Rent for any Fiscal Period for which funds have amendments and addenda thereto, and other documents as may from time to time be not been so appropriated,and Lessee shall deliver the System to Lessor in accordance made a part hereof. with Section 9 of the Schedule. If Lessee terminates a Lease pursuant to this Section, As conditions precedent to Lessor's obligation to purchase any Equipment,not later than unless the following would affect the validity of a Lease,for a period of three hundred the Commitment Date as set forth on the applicable Schedule, (a)Lessee and Lessor sixty(360)days from the effective date of such termination, Lessee will not purchase, shall execute this Agreement,a Schedule and other documentation contemplated herein lease, rent, seek appropriations for, or otherwise obtain a system serving the same including, but not limited to, Certificates of Resolution, Incumbency and as to Non- function as the System;and such an obligation will survive termination of this Lease. Arbitrage and Essential Use and an Opinion of Counsel in the form of Annexes A through 5. DELIVERY: All transportation, delivery and installation costs relative to a System D, respectively, attached hereto and incorporated into each Lease, and (b)there shall (unless included in the Price)are the sole responsibility of Lessee. Lessee assumes all have been no material adverse change in Lessee's financial condition. Upon Lessor's risk of loss and damage if the Supplier fails to deliver or delays in the delivery of any execution of the Schedule, Lessee assigns to Lessor its rights to receive title to the System,or if any System is unsatisfactory for any reason. Equipment and any non-exclusive sublicense to use the Software as of the date the • System is delivered to the location shown on the applicable Schedule("Installation Site") 6.NON-CANCELABLE NET LEASE: Subject only to the provisions of Section 4 herein, and delegates to Lessor its duty to pay to the Supplier the Price(as defined in Section 3 Lessee's obligations under the Lease are absolute and unconditional, and shall not be below) for the System under the Supplier Agreement, but delegates no other right, subject to any delay, reduction, setoff, defense, counterclaim or recoupment for any interest or obligation thereunder,all of which are retained by Lessee. reason including any failure of the System, or any misrepresentations of any supplier, 2.TERM: The lease term for each Schedule shall commence on the date of execution of manufacturer,installer,vendor or distributor. Lessor is not responsible for the delivery, an Acceptance Certificate pursuant to Section 3 of the Schedule ("Commencement installation,maintenance or operation of any System. Dr ,nd,unless earlier terminated as provided for in the Lease,shall continue for the 7. WARRANTIES: Lessor and Lessee acknowledge that any third-party warranties, if rn of whole months or other Payment Periods set forth in the applicable Schedule any, inure to the benefit of Lessee. Lessee agrees to pursue any warranty claim directly ("AW, commencing on the first day of the month following the Commencement Date against such third party and shall not pursue any such claim against Lessor. Lessee (or commencing on the Commencement Date if such date is the first day of the month). shall continue to pay Lessor all amounts payable under any Lease under any and all The Term may be earlier terminated upon: (a)the nonappropriation of funds pursuant to circumstances. Section 4 herein,(b)an Event of Loss pursuant to Section 13,or(c)an Event of Default by Lessee and Lessor's election to terminate pursuant to Section 16. 8.QUIET ENJOYMENT: During the Lease Term,Lessor shall not interfere with Lessee's quiet enjoyment and use of the System provided that an Event of Default has not 3. RENT AND PAYMENT: Lessee shall pay to Lessor the amounts shown in the occurred. applicable Amortization Annex("Rent")attached to a Schedule except as such Rent may be adjusted pursuant to this Section and Sections 2 and 8 of a Schedule, plus any 9. TAXES AND FEES: Unless Lessee first provides proof of exemption therefrom, additional amounts due under the Lease. Rent shall consist of a partial repayment of the Lessee shall promptly reimburse Lessor, upon demand, as additional Rent,or shall pay Price of the System and interest. Rent shall be paid either at the beginning or at the end directly,if so requested by Lessor,all license and registration fees,sales,use, personal of a Payment Period as indicated on a Schedule. If the Commencement Date is not the property taxes and all other taxes and charges imposed by any federal, state, or local first day of a calendar month(or other Payment Period), Lessee shall pay to Lessor on governmental or taxing authority,whether assessed against Lessee or Lessor,relating to demand interim rent prorated daily based on a 360-day year for each day from and the purchase,ownership,leasing,or use of the System or the Rent, excluding all taxes including the Commencement Date to and including the last day of such month or other computed upon the net income of Lessor. Payment Period. 10. DISCLAIMER OF WARRANTIES AND DAMAGES: LESSEE ACKNOWLEDGES Rent is based upon the Price of the System and acceptance of the System by Lessee on THAT (a) THE SIZE, DESIGN, CAPACITY OF THE SYSTEM AND THE or before the Commitment Date. "Price" shall mean the actual purchase price of the MANUFACTURER AND SUPPLIER HAVE BEEN SELECTED BY LESSEE; (b) System as set forth in the Supplier Agreement and shall exclude all other costs,including LESSOR IS NOT A MANUFACTURER, SUPPLIER, DEALER, DISTRIBUTOR OR sales or other taxes included in the Supplier Agreement as part of the purchase price. If INSTALLER OF THE SYSTEM;(c)NO MANUFACTURER OR SUPPLIER OR ANY OF the Price is increased or decreased as a result of a job change order("JCO"),the Lessee THEIR REPRESENTATIVES IS AN AGENT OF LESSOR OR AUTHORIZED TO authorizes Lessor to adjust the Rent and Amortization Annex. If the Commencement WAIVE OR ALTER ANY TERM OR CONDITION OF A LEASE;AND(d)EXCEPT FOR Date occurs after the Commitment Date,and Lessor waives the condition precedent that LESSOR'S WARRANTY OF QUIET ENJOYMENT, LESSOR HAS NOT MADE AND the Commencement Date occur on or before the Commitment Date, Lessor's then- AND DOES NOT HEREBY MAKE ANY REPRESENTATION, WARRANTY OR current Lease Rate Factor for similar transactions shall apply and the Lessee authorizes COVENANT, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, AS TO Lessor to adjust the Rent and Amortization Annex,accordingly,if required by Lessor. ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE DESIGN, QUALITY, CAPACITY, MATERIAL, WORKMANSHIP, OPERATION, CONDITION, Whenever any payment of Rent or any other amount due under a Lease is not made MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, HIDDEN OR within ten(10)days after the date when due, to the extent permitted by applicable law, LATENT DEFECT OF THE SYSTEM OR ANY PORTION THEREOF,OR AS TO ANY Lessee agrees to pay on demand(as a fee to offset Lessor's collection and administrative PATENT,COPYRIGHT OR TRADEMARK INFRINGEMENT. LESSEE LEASES EACH expenses),the greater of twenty-five dollars($25)per month or ten percent(10%)of each SYSTEM"AS IS,WHERE IS". Except as otherwise provided in Section 3 of this Agreement and Sections 2, 3, and 8 of a Schedule, any modifications, amendments or waivers to a Lease shall be effective only if mutually agreed upon in a writing,duly executed by authorized representatives of the parties. General Electric Capital Corporation BY Authorized Representative Authorized Representative PRINT NAME PRINT NAME TITLE DATE TITLE DATE SLGMLPA 7/12/99 Document! Error!Reference source not found. LESSOR SHALL HAVE NO LIABILITY TO LESSEE OR ANY THIRD PARTY FOR ANY 16. REMEDIES: If an Event of Default has occurred, Lessor shall have the right to SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF exercise one or more of the following remedies:(a)terminate and/or declare an Event of ANY SORT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL Default under any Lease or other agreement with Lessee; (b)recover from Lessee all INJURY, LOSS OF PROFITS OR SAVINGS, LOSS OF USE, OR ANY OTHER Rent and any and all amounts then due and unpaid; (c) to the extent permitted by DAMAGES, WHETHER BASED ON STRICT LIABILITY OR NEGLIGENCE, AND applicable law, recover from Lessee all Rent and other amounts to become dur WHETHER RESULTING FROM USE OF THE SYSTEM OR BREACH OF THE LEASE acceleration or otherwise, such amounts described in subsection (c) being pr OR OTHERWISE, EXCEPT FOR DIRECT, SPECIFIC DAMAGES FOR LESSOR'S valued using the lesser of the applicable Lease Rate or such lower rate as ma BREACH OF A LEASE OR FOR PERSONAL INJURY OR PROPERTY DAMAGE ONLY permitted under applicable law, with the amounts set forth in subsections (b) and (c) TO THE EXTENT CAUSED BY LESSOR'S GROSS NEGLIGENCE OR WILLFUL above being the agreed upon damages("Lessor's Loss");(d)charge Lessee interest on MISCONDUCT. the Lessor's Loss from the date of the Event of Default until paid at the rate of one and 11. REPRESENTATIONS AND WARRANTIES OF LESSEE: Lessee represents, one-half (1-1/2%) percent per month, but in no event more than the maximum rate permitted by law; (e)demand the Lessee return any System to Lessor in the manner covenants and warrants to Lessor that:(a)Lessee is a public body corporate and politic, provided in Section 9 of the Schedule; and(f)take possession of any System wherever duly organized and validly existing, and has the power to execute,deliver and perform located,with or without demand or notice,or any court order or any process by law. each Lease; (b)the person executing this Agreement and any Schedules and related documents on behalf of Lessee has been given authority to bind Lessee; (c) this Upon repossession or return of a System,Lessor shall sell,lease or otherwise dispose of Agreement and all related documents have been duly authorized and constitute valid, the System in a commercially reasonable manner,with or without notice and by public or legal and binding obligations of Lessee,enforceable in accordance with their terms; (d) private bid,and apply the net proceeds thereof,if any,toward Lessor's Loss but only after there are no actions or proceedings pending or threatened against Lessee which, if deducting all expenses including,without limitation,reasonable attorneys'fees incurred in adversely determined, will have a material adverse effect on the ability of Lessee to enforcement of any remedy. Lessee shall be liable for any deficiency if the net proceeds perform its obligations under a Lease; (e) Lessee qualifies as a state or a political available after the permitted deductions are less than Lessor's Loss. No right or remedy subdivision of a state within the meaning of Section 103 of the Internal Revenue Code of is exclusive of any other provided herein or permitted by law or equity. All rights and 1986,as amended("Code");(f)Lessee will not take any action which,or omit to take any remedies shall be cumulative and may be enforced concurrently or individually from time action which, would adversely affect the exemption of the interest component of Rent to time. payments from federal income taxation; (g) Lessee shall file Internal Revenue Form 17.ASSIGNMENT: Lessor may,without notice to or the consent of Lessee,sell,assign, 8038-G or Form 8038-GC, as applicable; and(h)the obligation of Lessee to pay Rent shall constitute a current expense of Lessee and is not in contravention of any applicable grant a security interest in,or pledge its interest in all or any portion of a System and/or a limitation of indebtedness. Lease and any amounts due or to become due hereunder to any party("Assignee"). No such assignment shall be effective until Lessee shall have received a notice identifying 12. INSURANCE: At its expense, Lessee shall keep each System insured against all the Assignee. Upon receiving notice from Lessor, Lessee shall pay all Rent and other risks of loss and damage for an amount equal to the installed replacement cost of the amounts due to Assignee free from any claim or counterclaim, defense or other right System,with Lessor named as a loss payee. Lessee shall also maintain comprehensive which Lessee may have against Lessor. Pursuant to Section 149(a)of the Code,Lessee general liability insurance, with Lessor named as an additional insured. All insurance hereby appoints Lessor as"Agent"of the Lessee to maintain a record of any Assignee. policies shall be with an insurer having a rating of B+or better by A.M.Best Company, Lessor shall be relieved of its future obligations under the Lease as a result of such Inc., and be in such form, amount and deductibles as are satisfactory to Lessor. Each assignment if Lessor assigns to Assignee its interest in the System and Assignee such policy must state by endorsement that the insurer shall give Lessor not less than assumes Lessor's future obligations. WITHOUT LESSOR'S PRIOR WRITTEN thirty(30)days prior written notice of any amendment,renewal or cancellation. Lessee CONSENT, LESSEE SHALL NOT ASSIGN, SUBLEASE, TRANSFER, PLEDGE, shall,upon request,furnish to Lessor satisfactory evidence that such insurance coverage MORTGAGE OR OTHERWISE ENCUMBER ("TRANSFER") THE SYSTEM OR THE is in effect. Lessee may self insure with respect to the above coverages with Lessor's LEASE OR ANY OF ITS RIGHTS THEREIN OR PERMIT ANY LEVY, LIEN OR prior written consent. ENCUMBRANCE THEREON. Any attempted non-consensual Transfer by Lessee shall be void ab initio. No Transfer shall relieve Lessee of any of its obligations under the 13. CASUALTY: If any System, in whole or in part, is lost, stolen, damaged or Lease. destroyed, or is taken in any condemnation or similar proceeding(an"Event of Loss"), Lessee shall promptly notify Lessor. Lessee shall,at its option(a)immediately place the 18.NOTICES: Notices,demands and other communications shall be in writing and r affected Equipment and Software in good condition and working order, (b)replace the be sent by hand delivery, certified mail(return receipt requested), or overnight cc affected item with like equipment or software in good condition and transfer clear title or service or facsimile transmission(effective upon transmission)with a copy sent by on the sublicense thereto to Lessor, or(c)to the extent permitted by law, pay to Lessor, the foregoing methods,to Lessee at the address or facsimile number stated above and to within thirty(30)days of the Event of Loss,an amount equal to the Stipulated Loss Value Lessor at 1010 Thomas Edison Blvd SW, Cedar Rapids, IA 52404,Attention: Manager ("SLV")(as hereinafter defined)for such affected Equipment or Software plus any other Operations,or facsimile no.(319)-841-6328. Notices shall be effective upon the earlier of unpaid amounts then due under the Lease. If an Event of Loss occurs as to part of a actual receipt or four days after the mailing date. Either party may substitute another System for which the SLV is paid,a prorata amount of Rent shall abate from the date the address by such written notice. SLV payment is received by Lessor. The SLV shall be an amount equal to sum of(a)all 19. GOVERNING LAW: EACH LEASE SHALL BE GOVERNED BY THE LAWS OF future Rent payments from the last Rent Payment Date to the end of the Term with each THE STATE IN WHICH THE LESSEE IS LOCATED. such payment discounted to present value at a simple interest rate equal to the applicable Lease Rate or if such rate is not permitted by law,then at the lowest permitted 20.MISCELLANEOUS: (a)Any failure of Lessor to require strict performance by Lessee rate;plus(b)as liquidated damages,and not as a penalty,to the extent permitted by law, or any waiver by Lessor of any provision of the Lease shall not be construed as a one percent(1%)of the Price of the System, as such Price may have been amended consent to or waiver of any other breach of the same or of any other provision. (b)If from time to time. there is more than one Lessee,the obligations of each Lessee are joint and several. (c) 14 INDEMNITY: To the maximum extent permitted by applicable law, Lessee shall Lessee agrees to execute and deliver, upon demand, any documents necessary, in indemnify Lessor against, and hold Lessor harmless from, and covenants to defend Lessor's reasonable discretion, to evidence the intent of the Lease, and/or to protect Lessor against, any and all losses, claims, liens, encumbrances, suits, damages, and Lessor's interest in the System. Lessee agrees to pay the costs of filing and recording liabilities(and all costs and expenses including,without limitation, reasonable attorneys' such documentation. (d) Lessee shall deliver to Lessor such additional financial fees)related to the Lease including,without limitation,the selection,purchase,delivery, information as Lessor may reasonably request. (e) If any provision shall be held to be ownership, condition, use, operation of the System, or violation of the Software invalid or unenforceable,the validity and enforceability of the remaining provisions shall sublicense, or arising by operation of law (excluding the gross negligence or willful not in any way be affected or impaired. (f)In the event Lessee fails to pay or perform any misconduct of Lessor). Lessee shall assume full responsibility for, or at Lessor's sole obligations under the Lease, Lessor may, at its option, pay or perform such obligation, option, reimburse Lessor for the defense thereof. This Section shall survive the and any payment made or expense incurred by Lessor in connection therewith shall be termination of the Lease but not longer than the applicable statute of limitations. due and payable by Lessee upon demand by Lessor with interest thereon accruing at the maximum rate permitted by law until paid. (g)Time is of the essence in each Lease and The Lease is entered into based upon the assumption that the interest portion of the Rent in each of the Lease provisions. (h)Lessee shall pay Lessor on demand all costs and will not be includable in Lessor's gross income for federal income tax purposes. If expenses, including reasonable attorneys' and collection fees incurred by Lessor in Lessee causes Lessor's after-tax economic yield to be adversely affected,to the extent enforcing the terms and conditions of a Lease or in protecting Lessor's rights and permitted by law, Lessee shall pay Lessor, on demand, an amount which will cause interests in the Lease or the System. (i)No lease charge,late charge,fee or interest,as Lessor to have the same economic return had such a loss not occurred. The term applicable, is intended to exceed the maximum amount permitted to be charged or "Lessor"shall include any affiliated group for filing consolidated returns. collected by applicable law. If one or more of such charges exceed such maximum,then 15.DEFAULT: Any of the following shall constitute an Event of Default: (a)failure by such charges will be reduced to the legally permitted maximum charge and any excess Lessee to pay any Rent or other amounts payable under a Lease for a period of ten(10) executrge will be used to morere the Price sof ne System or ofreseparateepaQ)The Lease may be days or more after Lessee's receipt of written notice thereof; (b)failure by Lessee to executed by naonls or mores the by partiesc i any number of eachof whichhcounterpartsparts s perform any other material term in any Lease or any other agreement of Lessee given in may be originals or copies sent a facsimile transmission)the entire re m nt Lessor connection with the Lease,and such failure continues uncured for twenty(20)days after shall be an original.respect Each Lease subjectomattertes the ofagreement between ious Lessee's receipt of written notice thereof; (c) the inaccuracy of any material writand Lessee, with understandings to the any whatsoever.thseand supersedes allp yeeious representation or warranty made by the Lessee in connection with any Lease which representativeese, and undLrs sor has of au nature inssNo agent, employee of Lessor has any authority to bind Lessor to any representation failure or inaccuracy shall continue for a period of thirty days or more; (d) Lessee's warranty concerning the System and, unless such representation or warranty attempt to make a Transfer(as defined in Section 17 herein) without Lessor's prior specifically included in the Lease,it shall not be enforceable by Lessee against Lessor. written consent;(e)Lessee dissolves or ceases to exist;(f)Lessee becomes insolvent, makes an assignment for the benefit of creditors, files a voluntary petition or has an involuntary petition filed or action commenced against it under the United States Bankruptcy Code or any similar federal or state law;or(g)failure by Lessee to perform any of its obligations under any other Lease or agreement with Lessor. Lessor General Electric Capital Corporation Equipment Schedule Lessee Address Attention Same as Above City County State Zip Code Installation Site City County State Zip Code Same as Above Supplier Name Rent is Paid Advance Payment $ 0.00 First Day The Advance Payment shall be Last Day of applied to the first and last Rent Payment Period payment(s). Agreement No./Schedule No. Price Lessee's Fiscal Period Lease Rate Factor Rent $ 0.00 Date of Schedule Term(months) From: (See Amortization 11/24/2008 Annex attached To: Lease Rate hereto) Commitment Date Payment Period Monthly Q Other TERMS AND CONDITIONS(The Reverse side contains Terms and Conditions which are also a part of this Schedule) The terms and conditions of the Master Lease/Purchase Agreement by and 3. ACCEPTANCE: Lessee agrees to accept the System for purposes of this between Lessor and Lessee as referenced above are made a part of this Lease by signing the Acceptance Certificate within ten (10) days after the Schedule. Lessor and Lessee hereby agree to the terms defined above and System has met the acceptance criteria specified in the Supplier Agreement. further agree as set forth herein. If Lessee fails or refuses to sign the Acceptance Certificate within such (10) ten day period,or if the Lease does not commence by the Commitment Date, 1. ADVANCE PAYMENT: Lessee shall pay to Lessor, upon the execution Lessor may declare Lessee's assignments and Lessor's agreement to pay the an'' delivery of this Schedule, the advance payment set forth above Price set forth in Section 1 of the Agreement and Section 2 of this Schedule to ( nce Payment")in consideration of the Lessor holding funds available to be null and void ab initio and thereupon the Lease shall terminate. Lessor (111111 ase the Equipment and obtain the Software and as compensation for shall then have no obligations under the Lease and Lessee shall, within ten Lessor's review of Lessee's credit and document preparation. Upon Lessor's (10) days of a demand therefore, immediately pay to Lessor all Purchase acceptance of the Lease, the Advance Payment shall be applied to the Price Payments and all price adjustment(s)under Section 2 herein as well as payment of Rent as set forth above. Any Advance Payment shall be non- Lessor's out-of-pocket expenses. refundable if Lessee fails to timely provide all documentation or satisfy all 4. MAINTENANCE, USE,AND OPERATION: At all times during the Term, conditions required by this Lease. at its sole cost and expense,Lessee shall maintain the System in good repair, condition and working order, ordinary wear and tear excepted. Lessee shall 2. PURCHASE PRICE PAYMENTS: Lessee acknowledges that it has use the System and all parts thereof for its designated purpose and in signed and received a copy of the Supplier Agreement. If Lessee is required compliance with all applicable laws as well as keep the System in its to make payments to Supplier under the Supplier Agreement prior to the possession and control and not permit such System to be moved from the Commencement Date("Purchase Price Payments"), Lessee requests Lessor Installation Site without Lessor's prior written consent. to pay such payments subject to the following terms and conditions.The Price will be increased by adding a price adjustment for each Purchase Price 5. PERSONAL PROPERTY: The System is, and shall at all times remain, Payment. Each such price adjustment shall be computed by multiplying the personal property even if the Equipment is affixed or attached to real property Purchase Price Payment paid by Lessor to Supplier by a rate equal to the or any improvements thereon. At Lessor's request, Lessee shall, at no "Base Lending Rate"from time to time designated by Citibank N.A.,NY,NY in charge, promptly affix to the System any tags, decals, or plates furnished by effect on the date Lessor makes the first Purchase Price Payment plus two Lessor indicating Lessor's interest in the System and Lessee shall not permit and one-half percent, divided by 360, and multiplied by the actual number of their removal or concealment. At Lessee's expense, Lessee shall (a) at all days elapsed from the date of the Purchase Price Payment to the times keep the System free and clear of all liens and encumbrances, except Commencement Date or, if the Lease does not commence, to the date those arising through the actions of Lessor, and (b) otherwise cooperate to Lessee refunds the Purchase Price Payments to Lessor in accordance with defend Lessor's interest in the System and to maintain the status of the Section 3. In no event will all or any price adjustment(s) exceed any limits System and all parts thereof as personal property. If requested by Lessor, imposed by applicable law. The periodic Rent shall be increased as a result Lessee will, at Lessee's expense, furnish a waiver of any interest in the of adding to the Price of the System an amount equal to the total price System from any party having an interest in any such real estate or building in adjustment(s). which the System is located. Lessor may inspect the System and any related maintenance records at any time during normal business hours of Lessee. A complete description of the System is set forth on the Equipment and Software Listing attached hereto and made a part hereof. General Electric Capital Corporation BY /141109 Authorized Representative Authorized Representative PRINT NAME PRINT NAME TITLE DATE: TITLE DATE SLGSCHED 7/14/99 Documentl Error!Reference source not found. immediately return the System to Lessor as required herein, Lessee shall pay 6. SECURITY INTEREST; TITLE: Unless otherwise required by the law, to Lessor, upon demand,an amount equal to the then current Rent prorated upon the Commencement Date, legal title to the Equipment shall vest in on a daily basis for each day from and including the termination or expiration Lessee subject to Lessor's rights hereunder;provided that title shall thereafter date of the Lease through and including the day Lessee ships the System to immediately and without any action by Lessee revest in Lessor, and Lessee Lessor in accordance with this Section. Lessee shall pay to Lessor, upon shall immediately surrender possession of the System to Lessor, upon the written demand, any amount necessary to place the System in good rer occurrence of an Event of Default. Lessee shall execute any such condition and workingorder,ordinarywear and tear excepted. instruments as Lessor may request to evidence such transfer. To secure Lessee's obligations under this Lease, Lessee hereby grants to Lessor a first 10. PURCHASE OPTION: Provided that there is no Event of Default, or an priority security interest in Lessee's existing and future right, title and interest event which with notice or lapse of time, or both, could become an Event of in the Lease and the System, which includes all additions, attachments, Default,then existing and continuing,upon payment by Lessee of$1.00 at the accessions, and leased Modifications and Additions (as defined in Section 7 end of the Term hereof, Lessor shall transfer, assign, and convey its interest below) thereto and replacements therefor as well as all proceeds of the in all of the Equipment to Lessee, and Lessor shall assign any nonexclusive foregoing including,without limitation,insurance proceeds,rents and all sums sublicense to Lessee to use all of the Software. Lessee also shall be due or to become due to Lessee with respect to any of the foregoing, and all responsible for the payment of all sales taxes, transfer fees and other similar monies received in respect thereof and the Supplier Agreement. charges, if any, which may arise in connection with Lessee's payment of the 7. MODIFICATIONS; ADDITIONS; ALTERATIONS: After the purchase price. Commencement Date of this Lease and without notice to Lessor,Lessee may, Upon satisfaction by Lessee of such purchase conditions, Lessor's sole and at Lessee's expense,alter or modify any item of Equipment with an upgrade, exclusive obligation after payment of the purchase price shall be to deliver to accessory or any other equipment which meets the specifications of the Lessee any and all right, title and interest it may have in and to such manufacturer of the System for use on or in connection with the System Equipment, such as Lessor shall have received from the Supplier,warranted ("Modification")or with Software or other associated items or materials which only to be free and clear of all liens, encumbrances, rights, title and interests meet the specifications of the manufacturer of the System and are to be used of others arising solely out of Lessor's actions, to release Lessor's security on or in connection with the System ("Addition"). Any other modification or interests in the Equipment and to assign to Lessee a non-exclusive Software addition ("Alteration") shall be permitted only upon written notice to Lessor sublicense as described in the Supplier Agreement. Lessor's assignment of and at Lessee's expense and risk, and any such Alteration shall be removed the sublicense is limited to such sublicense as Lessor can assign without and the Equipment restored to its normal, unaltered condition at Lessee's incurring further cost and is subject to all applicable terms and conditions of expense prior to its return to Lessor. If not removed upon return of the the license and/or sublicense set forth in the Supplier Agreement. Lessee System, any Modification or Addition shall become, without charge, the purchases the Equipment and receives the sublicense to use the Software property of Lessor free and clear of all encumbrances. Restoration will AS-IS, WHERE-IS, WITH ALL FAULTS AND SUBJECT TO THE SAME include replacement of any parts removed in connection with the installation of DISCLAIMERS OF WARRANTIES AND DAMAGES AS SET FORTH IN THE an Alteration,Modification or Addition. Any Equipment or Software installed in LEASE. connection with warranty or maintenance service or manufacturer's upgrades provided at no charge to Lessee shall be subject to this Lease. 8. LEASES FOR MODIFICATIONS AND ADDITIONS: During the Term of this Lease, at Lessee's request, Lessor may elect to lease to Lessee Modifications and Additions ("CSO Equipment") subject to the terms of this Lease. While the CSO Equipment shall be added to and become a part of this Lease as of the CSO Commencement Date(as defined below),the CSO Lease Addendum shall be assigned a separate Schedule number. The lease for CSO Equipment shall expire at the same time as this Lease. The applicable Lease Rate Factor shall be Lessor's then-current Lease Rate Factor for similar transactions based upon the remaining length of the Term. The rent for CSO Equipment shall be determined by Lessor who shall adjust the then-current Rent and notify Lessee in writing of such adjustment(s), which shall be effective as of the first day of the month following the date of the notice(or the date of the notice if it is the first day of the month) ("CSO Commencement Date"). Any adjustment notice shall be added to and become a part of this Lease. CSO Equipment must be ordered by Lessee from the Supplier. On the date any CSO Equipment is delivered to Lessee, Supplier shall pass title to such CSO Equipment (other than any Software which shall be licensed and/or sublicensed)directly to Lessor. Such title shall be good and marketable and free and clear of any and all liens and encumbrances of any nature whatsoever except Lessee's interests hereunder. Lessor shall promptlypay to Supplier the appropriate price of the CSO Equipment after the later of )the date the CSO Equipment is installed and functioning,or(ii)Lessor's receipt of a full and complete listing of the CSO Equipment and the Supplier's invoice. No interest shall be payable by Lessor to Supplier with respect to such payment. Lessor's agreement to lease any CSO Equipment is subject to the condition that the Price payable to Supplier with respect thereto shall not exceed $100,000.00 or be less than $1,000.00 and is subject to satisfactory credit review by Lessor of Lessee's credit. 9. RETURN OF SYSTEM: (a) Upon any termination of this Lease pursuant to the terms hereof prior to the end of the Term or, (b) at Lessor's request upon the occurrence of an Event of Default, Lessee shall,at its own risk and sole expense,immediately return the System to Lessor by properly removing, disassembling and packing it for shipment, loading it on board a carrier acceptable to Lessor, and shipping the same to a destination in the continental United States specified by Lessor, freight and insurance prepaid. The returned System shall be in the same condition and operating order as existed when received,ordinary wear and tear excepted. If Lessee does not Lessor General Electric Capital Corporation Equipment and Software Listing Lessee Agreement No./Schedule No. Lessor and Lessee agree that the following described Equipment and Software are subject to the Master Lease/Purchase Agreement and Schedule referenced above. QUANTITY DESCRIPTION General Electric Capital Corporation BY BY Authorized Representative Authorized Representative RINT NAME PRINT NAME TITLE DATE: TITLE DATE Lessor General Electric Capital Corporation Amortization Anne Lessee Agreement No./Schedule No. Rent Payment Principal Interest Number Rent Component Component SEE ATTACHED AMORTIZATION TABLE General Electric Capital Corporation BY Authorized Representative BY Authorized Representative PRINT NAME PRINT NAME TITLE DATE TITLE DATE Lessor General Electric Capital Corporation Lease Rate Indexing Addendum (SLG) Nitrrsee Agreement No./Schedule No. Contemporaneously with entering into the Schedule to the Master Lease Agreement or Master Lease/Purchase Agreement (as the case may be) referenced above, Lessor and Lessee agree that the following is added as a new Section to the Schedule: The Rent payment is calculated using the Lease Rate Factor set forth on the cover page of this Schedule ("Lease Rate Factor") which was quoted to Lessee on ("Quote Date"). The Lease Rate Factor is calculated, in part, using an interest rate based on the interest rate for swaps (the "Swap Rate") that most closely approximates the Initial Term of the Lease as published in the Federal Reserve Statistical Release H.15 available at http://www.federalreserve.gov/releases/h15/update/ on the Quote Date. The Lease Rate Factor and the Rent payment may be adjusted by Lessor if the Swap Rate as reported four(4) business days prior to the Commencement Date is different than the Swap Rate as reported on the Quote Date and Lessor will notify Lessee of any such adjustments. Notwithstanding the foregoing, if Lessee has elected Purchase Option B or C (if available under this Schedule), and the Quote Date is on or before December 31St of any calendar year, but the Commencement Date is on or after January 1St of the following calendar year, then the Lease Rate Factor and the Rent payment may be adjusted by Lessor to preserve Lessor's tax economic yields and cash flows and Lessor will notify Lessee of any such adjustments. —accept as expressly modified by this Addendum, all other terms and provision of the Schedule to the Master Nolayease Agreement or Master Lease/Purchase Agreement (as the case may be) referenced above shall remain in full force and effect. General Electric Capital Corporation BY BY Authorized Representative Authorized Representative PR NT NAME PRINT NAME TITLE DATE TITLE DATE General Electric Capital Corporation 10 Riverview Drive Danbury,CT 06810 ADVANCE PAYMENT INVOICE Lessee: Contact Name: Agreement No./Schedule No.: An advance payment is required to be submitted with the lease documents. The advance payment wil be applied as indicated below: The advance payment of $ 0.00 to be applied toward payment of the first ( ) and last ( ) rent payment(s) less monies already received * TOTAL AMOUNT DUE: $ $ 0.00 *The amount of rent has been established based upon the estimated total cost of the System as set forth in the Equipment Schedule. The amount of rent does not include taxes, etc. Adjustments, if any, will be included in subsequent invoices. Please return your check with the documents to the address below: General Electric Capital Corporation 10 Riverview Drive Danbury, CT 06810 Lessor General Electric Capital Corporation Acceptance Certificate e Agreement No./Schedule No. This Acceptance Certificate is made with respect to that Agreement and Schedule referenced above. Capitalized terms used herein shall have the same meanings assigned to them in the Agreement and the Schedule. On behalf of Lessee, I hereby certify that all of the System described in the Schedule to the Agreement has been delivered to and received by the Lessee. The System has been examined by the Lessee and is in good operating order and condition and is satisfactory to the Lessee. Therefore, the System is irrevocably accepted by the Lessee for all purposes under the Lease as of the following date: (Insert Date of Acceptance) PBY Authorized Representative PRINT NAME TITLE DATE NOTE: When you are ready to accept your System, sign and date this form and then: Fax to: 203-749-4526 AND Mail to:10 Riverview Drive Danbury, CT 06810 Attention: Error! Reference source not found. "fir Sales/Property Tax & Billing Address Verification Form General Electric Capital Corporation Lessee: Agreement No./Schedule No. : Federal Tax ID Number: (NOTE: FEDERAL TAX ID NUMBER MUST BE PROVIDED WITH SIGNED DOCUMENTS) If your taxing jurisdiction requires Lessor to pay sales tax up front, WE WILL ADD THIS AMOUNT TO YOUR PRICE (as set forth in the Lease) unless you direct us to bill you for the sales tax by checking below: I Invoice Lessee for upfront sales tax: do not add to Price. Please note: If you have elected a $1 Purchase Option, then you are responsible for promptly reporting and paying personal property taxes. To insure we bill you correctly, please review the questions below. If the information on your lease documents is correct, you do not need to complete the blanks, only check the Yes box next to that section. If the information on the documents is incorrect, please insert the correct information below. Information on documentation correct? Billing Address: Yes H No Billing Contact Name: Phone Number: Information on documentation correct? System Installation Address: n Yes No City: State: Zip: County: If applicable, enclose a copy of Lessee's Purchase Order. Purchase Order Number: Start Date: Expiration Date: Please indicate your sales tax status below. The system is exempt from sales tax. I No Yes If the above answer is no, please sign below and return with the lease documents. If the above answer is yes, attach the appropriate exemption certificate. (Note: Certificates are required for all states in which any portion of the System is located.) Executed certificates (or letter, if a state or local government or agency) must be submitted with signed lease documents, otherwise we will be required to bill you for applicable taxes. Preparer: Date Prepared General Electric Capital Corporation 10 Riverview Drive Danbury, CT 06810 1-800-681-4709 Subject: Required Insurance Coverage Dear Customer: Under the terms of the Lease referenced above, insurance covering the System is required in the amounts and specifics as outlined below. Insurance Amount All Risk Property Insurance Replacement Cost of System General Liability Bodily Injury $1 Million per Occurrence Property Damage $1 Million per Occurrence OR Combined single limit $2 Million per Occurrence (for bodily injury and property damage) Lessor is to be named as Additional Insured and Loss Payee as its interests appear. Lessor shall be given thirty (30) days written notice of cancellation or any material change in coverage. Please forward this information to your company's carrier as soon as possible. Insurance certificates are to be sent to the address reflected below within thirty (30) days of document execution. General Electric Capital Corporation 1010 Thomas Edison Blvd SW, Cedar Rapids, IA 52404 Attention: Manager Operations Facsimile no. (319)-841-6328 Thank you for your prompt attention to this matter. Sincerely, General Electric Capital Corporation Lessor General Electric Capital Corporation Certificate of Resolutions Annex A Lessee Agreement No./Schedule No. *411010 The Officer who will execute the lease documents must sign in the body of the Certificate. The Secretary/Clerk certifying to that signature must complete the remaining information and sign at the bottom of the Certificate. ,do hereby certify that I am the duly elected or appointed,qualified, and acting Secretary/Clerk of the , a body corporate and politic and a political subdivision duly organized and existing under the laws of the State of ("Lessee"), and that the following resolutions have been presented to and duly adopted by the Lessee at a meeting convened in accordance with applicable law on the day of , and that the following resolutions are in full force and effect on the date hereof: WHEREAS, the governing body of the Lessee has determined that a true and very real need exists for the acquisition of the equipment and associated software licenses (collectively, "System") described in the Master Lease/Purchase Agreement and related Equipment Schedules thereto, as each may have been amended (collectively, "Lease") and as described in the contract of purchase ("Supplier Agreement")between the Lessee and ("Supplier"); and WHEREAS, the Lessee has taken the necessary steps, including any legal bidding requirements, if applicable, to arrange for the acquisition of such System. NOW, THEREFORE, BE IT RESOLVED, by the governing body of Lessee that the terms of the Supplier Agreement and the Lease are in the best interests of Lessee for the acquisition of such System and are approved, and the governing body of Lessee designates and confirms that any of the following persons may execute and deliver the Supplier Agreement and the Lease and any related documents necessary or expedient to the consummation of the transactions contemplated by the Supplier Agreement and the Lease,together with any amendments thereto,their execution to be conclusive evidence of Lessee's approval of such amendment(s). Name Title Name Title Name Title RESOLVED, that pursuant to section 265(b)(3)(B)(ii)of the Internal Revenue Code of 1986, as amended ("Code"), the Lessee (if Lessee issues less than $10,000,000 in tax-exempt obligation in this calendar year) hereby specifically designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code included within the $10,000,000 limitation of Section 265(b)(3)(D)of the Code. RESOLVED, the above-referenced officers of the Lessee are hereby authorized to do any and all such acts and to execute all documents and instruments as may, in their discretion, be necessary or desirable to implement or comply with the intent of this Resolution. IN WITNESS WHEREOF, I have duly executed this certificate as the Secretary/Clerk and affixed the seal of the Lessee hereto, if applicable,this day of , By: [SEAL] Print Name: Date: Lessor General Electric Capital Corporation Certificate of Incumbency Annex B 141111ire"5ee Agreement No./Schedule No. The Officer who will execute the lease documents must sign in the body of the Certificate. The Secretary/Clerk certifying to that signature must complete the remaining information and sign at the bottom of the Certificate. , do hereby certify that I am the duly elected or appointed, qualified, and acting Secretary/Clerk of , a body corporate and politic and a political subdivision duly organized and existing under the laws of the State of ("Lessee"),and I do further certify that the persons whose names, titles, and signatures appear below are the duly elected or appointed, qualified, and acting officers of Lessee and hold on the date of this Certificate the offices set forth opposite their respective names, and that the signatures appearing opposite their respective names are the genuine signatures of such officers. Name of Officer Title of Officer Signature of Officer WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Lessee this day [SEAL] Secretary/Clerk Print Name Lessor General Electric Capital Corporation Certificate as to Non-Arbitrage Annex 840 Lessee Agreement No./Schedule No. I, the undersigned officer of the Lessee, being the person duly charged, with others, with responsibility for issuing the Lessee's obligation in the form of that certain agreement entitled "Master Lease/Purchase Agreement No. " and "Equipment Schedule No. " and other related documents and instruments as each may have been amended (collectively, "Lease"), HEREBY CERTIFY that: 1. The Lease was executed by the Lessee in order to finance the acquisition of certain equipment ("Equipment") and software licenses ("Software")described therein (collectively, the "System"). 2. Pursuant to the Lease, the Lessee is entitled to purchase the System in consideration for the obligations of the Lessee under the Lease. The System will be used in furtherance of the public purposes of the Lessee. The Lessee does not intend to sell/lease the Equipment or sublicense the Software (or otherwise dispose of the System)during the term of the Lease. The Lessee will not receive any monies, funds, or other"proceeds"as a result of the Lease. 3. The use of the System is a governmental use as that term is defined in Section 141 of the Internal Revenue Code of 1986, as amended, and is essential to the proper, efficient and economic functioning of the Lessee. The System will be used by the Lessee only for the purpose of performing its governmental functions and will not be used in a trade or business for any private commercial activity. 4. The Lessee expects to make payments under the Lease from its general funds on the basis of annual appropriations in amounts equal to the required payments under the Lease. 5. Lessee has not established, and will not establish any fund, designated or restricted, to pay principal or interest on the payments due under the Lease. 6. Lessee's obligations hereunder are not guaranteed by the United States of America or any agency or instrumentally thereof. 7. Lessee has fully complied with all applicable laws governing open meetings and such public bidding requirements as may be applicable to the Lease and the acquisition of the System thereunder. To the best of my knowledge, information and belief, the representations expressed herein are true and correct as of the date hereof. IN WITNESS WHEREOF, I have hereunto set my hand on behalf of the Lessee on this day of By (signature) Officer of Lessee Print Name Print Title Lessor General Electric Capital Corporation Form of Opinion of Counsel Annex D ,ae Agreement No./Schedule No. [To be typed on the letterhead of Lessee's Counsel] General Electric Capital Corporation 10 Riverview Drive Danbury, CT 06810 Ladies and Gentlemen: We are counsel to ("Lessee"), and, in that capacity, we have examined that certain Master Lease/Purchase Agreement No. , between Lessee and Lessor, associated Equipment Schedule No. and all other documents executed and delivered by Lessee in connection therewith (collectively, "Lease"). As a result of our examination of the Lease, the proceedings taken by the Lessee to authorize and execute the Lease, and such other examinations as we deemed appropriate, we are of the opinion as follows: 1. Lessee is a duly created and validly existing political subdivision of the State of , and has the power and authority to enter into the Lease and carry out its obligations thereunder. The execution, delivery, and performance of the Lease by the Lessee has been duly authorized and constitutes a ialid, legal, and binding agreement, enforceable in accordance with its terms. 3. No approval, consent, withholding of objection or other document is required from any other governmental authority with respect to the execution and performance by Lessee of the Lease and the transactions contemplated thereby. 4. The entering into and performance of the Lease will not violate any judgment, order, law or regulation applicable to Lessee or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon any assets of Lessee or on the equipment or software subject to the Lease (other than to Lessor) pursuant to any instrument to which Lessee is a party or by which it or its assets may be bound. 5. There are no actions, suits or proceedings pending or, to our knowledge, threatened against or affecting Lessee in any court or before any governmental commission, board or authority which, if adversely determined, will have a material adverse effect on the ability of the Lessee to perform its obligations under the Lease. 6. Lessee is a political subdivision within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended, and the related regulations and rulings, and that portion of payments identified in the Lease as interest charges, upon receipt, will not be includable in Lessor's federal gross income under statutes, regulations, court decisions and rulings existing on the date of this opinion and, consequently, will be exempt from federal income taxes and income tax of the State of Very truly yours, • NSG Tax-Exempt($1 Out) Lease $1.00 LESSOR INFORMATION Lessor General Electric Capital Corporation Sales Administration Contact: Program Document Creator: isor Signature Line ster Lease Agreement No. Schedule No. TFS Representative: Title:Account Manager (Be Sure to insert'=before Sched.) Phone: Fax: LESSEE INFORMATION Lessee Contact Name Ms./Mr. First&Initial Last SIC Code Title Corporate Address City County/Province State/Country Zip Code Telephone Number Facsimile Number PRICING INFORMATION Schedule Amount Price($) Date of Schedule Initial Term(months) Commitment Date Payment Period $ 0.00 11/24/2008 Q Monthly ri Other Lessee's Fiscal Period: From to Advance already paid: Advance Payment Rent is paid: $ 0.00 First Day or The Advance Payment shall be applied to the first and last Rent payment(s). 0 Last Day of payment period nuoted LRF Implicit Rate Quote Date in year Treasury Indexing Adjustment Final Date Constant Maturities'yield Factor ("Yield") DOCUMENTATION INFORMATION Send Title First Last Docs to: Same Address: City: State: Zip: Same as Above Please have an individual designated by the governing body of your Organization execute the documents by signing where indicated by the red check marks. BILLING/ INSTALLATION INFORMATION Attention: Ms.I Mr.or Dept. First Name&Initial Last Name Same Billing Address Tax ID Number Same as Above City County/Province State/Country Zip Code Installation Site City County/Province State/Country Zip Code Same as Above SUPPLIER INFORMATION Supplier Name Supplier Price Supplier Address: Maintenance Amount: 411111. OTHER MISC. INFORMATION Date of Request: Equipment Type: Credit Rating: Credit Line Approved: Date of Approval: Credit Analyst: Rep Name: Rep Phone: Rep Fax: Buyout Amount: Yield: Residual: $0.00 Document Type: Follow Up For Documents: Non-Standard Documents: Pending Legal Requests: Details Special Instructions: CITY OF RENTON COUNCIL AGENDA BILL AI#: w 00 Submitting Data: For Agenda of: %me' Dept/Div/Board.. Finance & IS Department December 1, 2008 Staff Contact Iwen Wang, Administrator Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Consultant Agreement for Information Services Ordinance Management with George McBride dba GM2 Systems Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Proposed Consultant Agreement Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: Expenditure Required... $129,216/yr Transfer/Amendment Amount Budgeted $129,216/yr Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Staff presents a 3-year renewal consultant agreement with GM2 Systems for Council's consideration. GM2 Systems has provided the City of Renton management services of the Information Services Division for nearly eleven years. The relationship with GM2 was established when the City decided it needed a new and different direction for Information Services. Over the years, the City and GM2 have established an understanding of the City's goals and objectives and GM2's performance has always been and continues to be very successful. The arrangement is also very cost effective for the City. STAFF RECOMMENDATION: Approve a three-year agreement with GM2 Systems in the amount of$129,216 per year for management services of the City's Information Services Division. C:\DOCUME4\BWalton\LOCALS--I\Temp\GWViewer\2009_Agenda bill for GM2 Systems Agreement.doc ti`SY FIRE & EMERGENCY SERVICES 01 , DEPARTMENT MEMORANDUM DATE: November 21, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: -6' Denis Law, Mayor FROM: Iwen Wang, FIS Administrator SUBJECT: Consultant Agreement for Information Services Management ISSUE: Should the City approve a contract with George McBride dba GM2 Systems for management services of the Information Services Division? RECOMMENDATION: Staff recommends approval of the contract with George McBride dba GM2 Systems with the cost for 2009 being$129,216. BACKGROUND SUMMARY: George McBride dba GM2 Systems has provided the City of Renton management services of the Information Services Division for nearly 11 years. The president of GM2 Systems, George McBride, has provided strategic vision to Information Services, and has provided oversight and direction to IS staff by helping them establish and meet priorities. The current 3-year agreement is set to expire December 31, 2008. The terms and conditions of the proposed agreement are consistent with and will continue the servicers established in the past. CONCLUSION: Finance and Information Services Department recommends that the attached agreement be executed with George McBride, dba GM2 Services. GM/mr Attachment. George McBride dba GM2 Services Annual Consultant Agreement cc: Bonnie Walton,City Clerk Jay Covington,CAO George McBride,Information Services Linda Parks,Fiscal Director/Finance H:\FINANCE\ADMINSUP\02_IssuePapers_memos to Council or Mayor\2009_GM2 Consultant Agreement Issue Paper Memo.doc ANNUAL CONSULTANT AGREEMENT ` THIS AGREEMENT, made and entered for the period of three years,January 1,2009 through Noirol December 31,2011,by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and George McBride, dba GM2 Systems, at 602 Industry Drive,Tukwila, Washington, 98188-3402,at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: INFORMATION SERVICES MANAGEMENT WHEREAS,the City has not sufficient qualified employees to provide the technical systems management within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified consulting firm to do the necessary work, and WHEREAS,the Consultant has represented and by entering into this Agreement now represents, all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate the provision of technical expertise in the area of computer,network systems, software applications and other technical areas relating to strategic planning, oversight of technology implementation within the City's environment, technical project management and departmental assistance with technical project management. The consultant shall plan, organize, direct and evaluate information systems and support including all data processing, systems development, telecommunications, document printing/duplication and City mail services for all City departments based on present and future needs, and direct development of efficient/cost effective information systems. The Consultant shall coordinate inter-departmental activities to formulate systems that will increase productivity of City staff. The Consultant shall represent the City of Renton's technical interests with outside groups including other jurisdicitions and peer groups.The Consultant takes direction from and reports to the Finance and Information Services Administrator and provides advice in areas of project management/staffing,budget development/oversight, staff development, and strategic and tactical planning. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to City and state regulations, guidelines and policies. NasOf Page 1 of 6 ANNUAL CONSULTANT AGREEMENT II *sr, ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant office space, technology appropriate to complete the work, copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and budget estimates within the limits of the assigned work. III OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents,notes, drawings,photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction by both the City and Consultant. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. IV PERIOD OF THE CONTRACT This contract is effective January 1,2009 through December 31, 2011. It is agreed that all the Consultant's services and all deliverables are to be completed on schedules determined by the Finance and Information Services Administrator. Time schedules are subject to mutual agreement for any revision unless . specifically described as otherwise herein. V PAYMENT In 2009 the Consultant shall be paid by the City$10,768.00/month ($129,216/year) for completed work for services rendered under this Agreement as provided upon receipt and prompt processing of the Consultant's monthly invoice. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The compensation amount shall be subject to review and revision by the City, consistent with the City's budget practices. Such revision shall be by"addendum"attached to this agreement and agreed to by both parties. VI CHANGES IN WORK The Consultant shall make all such revisions and changes in the Scope of Work as previously defined upon mutual agreement with the City. Should such work be out of the normal course of work for this type of engagement, additional compensation maybe negotiated between the Consultant and the City. VII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with this contract in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will `'fir Page 2 C:\Documents and Settings\MRoy.RENTON\Desktop\2009 GM2 Contract.doc Airmomiremiarmow ANNUAL CONSULTANT AGREEMENT be considered as Extra Work and will be specified in a written supplement to their contract, which will set NtriS forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. VIII EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant,to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission,percentage,brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover,the full amount of such fee, commission,percentage,brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. Nod The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work,the Consultant will actively solicit minorities through their advertisement and interview process. IX NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed,color,national origin,marital status, sexual orientation, sex, age or handicap except for a bona fide occupational qualification with regard to,but not limited to the following: employment upgrading; demotion or transfer;recruitment or any recruitment advertising; layoff or termination's;rates of pay or other forms of compensation; selection for training; or rendition of services. The Consultant understands and agrees that if it violates this Non-Discrimination provision, this Agreement may be terminated by the City, and further, that the Consultant shall be barred from performing any services for the City now or in the future,unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. Page 3 C:\Documents and Settings\MRoy.RENTON\Desktop\2009 GM2 Contract.doc i ANNUAL CONSULTANT AGREEMENT X `— TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than thirty(30) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member,partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement,payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for the full month in which the termination notice is received. Any additional work requested by the City of the Consultant after receipt of the termination notice will be performed at the Consultant's prevailing rates. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Now Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Administrator of Finance and Information Services or his/her successors and delegees. Aoriie Page 4 C:\Documents and Settings\MRoy RENTON\Desktop\2009 GM2 Contract.doc ANNUAL CONSULTANT AGREEMENT In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement,both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City,its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultants agents or employees and (b)the City, its agents, officers and employees,this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability,property damage, and auto liability, in the amount of$1.0 million with a General Aggregate in the amount of$2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured"on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s)shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s)on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not,however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form,primary and noncontributory, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days'notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify,when submitting the first payment invoice and annually thereafter,possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request,that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant's relation to the City shall be at all times as an independent contractor. Page 5 C:\Documents and Settings\MRoy.RENTON\Desktop\2009 GM2 Contract.doc ANNUAL CONSULTANT AGREEMENT XIV ow, SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make; and the parties shall not be bound by or be liable for, any statement,representation,promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVI EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, loor representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT CITY OF RENTON George McBride, Proprietor Date Denis Law, Mayor Date GM2 Systems ATTEST: Bonnie I. Walton, City Clerk ilr►' Page 6 C:\Documents and Settings\MRoy.RENTON\Desktop\2009 GM2 Contract.doc CITY OF RENTON COUNCIL AGENDA BILL I AI#: t' Pe Submitting Data: For Agenda of: Dec. 1, 2008 Dept/Div/Board.. Human Resources & Risk Management Dept. Staff Contact Nancy Carlson, Administrator Agenda Status X7656 Consent x Subject: Public Hearing.. Renewal of contract with Healthcare Management Correspondence.. Administrators (HMA) for 2008 and 2009 Ordinance Resolution Old Business Exhibits: New Business Administrative Services Agreement Study Sessions Information Recommended Action: Approvals: Council concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted...Approximately Revenue Generated $216,500 for 2008 and $296,205 for 2009 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City will continue to utilize the services of Healthcare Management Administrators (HMA) and Prescription Card Services (PCS/Caremark)to administer medical, dental and prescription claims within our self-funded plan. The fee includes prescription services, administration of medical and dental claims, rights to use the Regence Preferred Provider Network, as well as utilization/large case management, COBRA and HIPAA administration services. Funds for this service were included in the 2008 Budget and have been included in the approved 2009 Budget. STAFF RECOMMENDATION: Approve the 2008 and 2009 Administrative Services Agreement and Fee Schedule for medical/dental and prescription claims processed by HMA and Prescription Card Services/Caremark, and authorize the Mayor and City Clerk to sign the Agreement. Noe H:\HR_RMIAGENDA&ISSUE PAPERS\Agenda BiIIs\HMA contract 2008 and 20091.doc ADMINISTRATIVE SERVICES AGREEMENT Nifty- DATE: August 15, 2007 PARTIES: City of Renton the"Company" 1055 S. Grady Way Renton, WA 98055 Healthcare Management Administrators, Inc. "HMA" 220 120th Ave NE, Ste. D200 Bellevue, WA 98005 Effective Date: January 1, 2008 When the Company is acting as the Plan Sponsor (as defined in ERISA) under this Agreement, it will be referred to as the"Plan Sponsor,"and when it is acting as the Administrator (as defined in ERISA) under this Agreement, it will be referred to as the"Plan Administrator." As Plan Sponsor, the Company is acting in its capacity as the settlor of the Plan; and, as the Plan Administrator, it is acting in its fiduciary capacity. Recitals: A. The Plan Sponsor has established a self-insured Employee Welfare Benefit Plan, as defined in ERISA, for the purpose of providing certain benefits to its eligible employees and their dependents (the"Plan"); B. The Plan Administrator desires to retain HMA to furnish claims processing and other ministerial services with respect to the Plan; and C. HMA is willing to furnish such services, based upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Company and HMA agree as follows: Agreement: 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) "Effective Date" means the day and year set forth above, which shall be the date this Agreement becomes effective. (b) "ERISA"means the Employee Retirement Income Security Act of 1974, as amended. (c) "Participants" means those employees and former employees of the Company, and their dependents, who have met the eligibility requirements of the Plan, and have satisfied all other conditions to participation in the Plan. Nome HMA, Inc.TPA Agreement Page 1 07/07 2. Relationship of Parties. (a) HMA Acting In Ministerial Capacity. The parties acknowledge and agree that HMA is acting solely in a ministerial capacity in performing its duties and obligations under this Agreement and shall have no discretionary authority or responsibility with respect to the administration of the Plan. HMA shall have no power to interpret ambiguities or conflicts that may exist in any provision of the Plan, but shall abide by the decisions of the Plan Administrator on all questions of substance and procedure respecting the Plan. HMA does not insure nor underwrite the liability of the Plan Sponsor under the Plan and shall have no financial risk or liability with respect to the provision of benefits under the Plan, except as set forth in Section 8. (b) Plan Administrator and Named Fiduciary. The parties agree that the Company is, and shall at all times remain, the Administrator and the Named Fiduciary (as defined in ERISA) for purposes of ERISA. The Plan Administrator shall oversee the administration of the Plan and be responsible for complying with all reporting and disclosure requirements of ERISA; shall have the exclusive right to interpret the terms of the Plan and to determine eligibility for coverage and benefits, which determination shall be conclusive and binding on all persons; and shall have final authority with respect to approval or disapproval of any disputed or doubtful claim. HMA is not a fiduciary with respect to this engagement and shall not exercise any discretionary authority or control over the management or administration of the Plan, or the management or disposition of the Plan's assets. HMA shall limit its activities to carrying out ministerial acts of notifying Plan Participants and making benefit payments as required by the Plan. Any matters for which discretion is required, including, but not limited to, decisions on claims and appeals of denied claims, shall be referred by HMA to the Plan Administrator, and HMA shall take direction from the Plan Administrator in all such matters. HMA shall not be responsible for advising the Plan Administrator with respect to its fiduciary responsibilities under the Plan nor for making any recommendations with respect to the investment of Plan assets. HMA may rely on all information provided to it by the Company, as well as the Plan's other vendors. HMA shall not be responsible for determining the existence of Plan assets. (c) Independent Contractor Relationship. Notwithstanding anything express or implied in this Agreement to the contrary, the parties acknowledge and agree that HMA is acting as an independent contractor, and for all purposes shall be deemed to be an independent contractor in performing its duties, and fulfilling its obligations, under this Agreement. Neither HMA, nor any individual performing services on its behalf, shall be considered or construed to be an employee of Plan Sponsor for any purpose whatsoever. 3. Administrative Services to be Provided by HMA. (a) Administration and Claims Processing Services. HMA shall provide the administrative and claims processing services set forth on Exhibit B, which is attached hereto and made a part hereof, during the term of this Agreement. (b) Other Administrative Services Available. HMA offers various other services, and performs various other ministerial functions, for plan sponsors in connection with the administration of employee health benefit plans. If the Plan Administrator subsequently requests additional services from HMA, and HMA agrees to provide such services, the parties shall describe the mutually agreed upon services in an Addendum hereto, and include within such Addendum a mutually agreed upon fee schedule for such services. Nord HMA, Inc.TPA Agreement Page 2 07/07 • 4. Fees to HMA. (a) Fees for Claims Processing Services. As compensation for the administration and Now claims processing services set forth on Exhibit B, HMA shall be paid the fees set forth on Exhibit A, which is attached hereto and made a part hereof. Fees shall be based on the number of Participants enrolled under the Plan on the first day of the month in which services are being billed, and shall be due and payable in advance on the first day of the month. Fees for any newly enrolled Participants' entering on or after the first day of the month shall be charged retroactive to the date of enrollment and shall be payable on the first day of the month following the date of enrollment. Any adjustments in fees for retroactive changes in enrollment will be made on the first billing cycle immediately following the submission of the change in writing to HMA. (b) Fees for Other Administrative Services. If the Plan Administrator requests any other administrative services from HMA hereunder, and HMA agrees to provide such services, the Plan Sponsor and HMA shall mutually agree upon a fee schedule for such services and the Plan Sponsor shall pay HMA in strict compliance with such fee schedule. (c) Fees from Outside Vendors. HMA shall be entitled to a portion of the fees charged by outside vendors, as set forth on Exhibit A. (d) Fees for Negotiated Savings. In the event that HMA is able to negotiate a reduced fee charged by a provider, HMA shall be entitled to retain a percent of the negotiated savings as stated in the fee schedule. In the event that additional saving negotiation services are needed, the Plan Sponsor and HMA shall mutually agree upon a fee schedule for such services. In the event that HMA is able to negotiate additional savings with a Preferred Provider, fees for HMA's negotiation services will only apply to the additional savings retained. Nam., (e) Reprocessing Fee. In the event a retroactive amendment or the Plan Sponsor's failure to fund claims in a timely manner results in the need to reprocess claims, subject to prior approval, the Plan Sponsor agrees to pay HMA's expenses in performing that service. (f) Right to Change Fees. Upon approval of Plan Sponsor, HMA shall have a right to change any fees charged to the Plan Sponsor hereunder (i) as of the first day of any Renewal Term; (ii) as of the effective date of any changes in applicable federal and state laws that would expand the scope of the services that HMA has agreed to provide hereunder. (iii) notwithstanding the fees in effect under this Agreement, should there be a change in any law or regulation that results in increased costs to HMA, HMA shall increase its fees to cover such increased costs. (iv) As a result of Plan Amendments, HMA shall have the right to change its fees upon written notice to the Plan Sponsor in the event any amendment to the Plan changes the amount or type of processing, services or responsibilities undertaken by HMA, effective as of the effective date of the amendment. If HMA elects to change any fees charged to the Plan Sponsor hereunder, HMA shall give prior written notice of such change to the Plan Sponsor and the Plan Sponsor may, if it does not want to retain HMA based on the new fee schedule, terminate this Agreement Noire by sending written notice of termination to HMA. HMA, Inc.TPA Agreement Page 3 07/07 5. Funding of Benefit Payments. (a) Responsibility for Funding Benefits. The Plan Sponsor is responsible for funding the payment of all benefits to Participants in accordance with the terms of the Plan, and paying all costs and expenses incident to the administration of the Plan, including, without limitation, all premium taxes assessed against the Plan Sponsor with respect to benefit payments. Funding for benefits by the Plan Sponsor will occur within ten (10) business days, commencing on the date written notification is sent by HMA, unless otherwise agreed upon in writing. In no event shall HMA have the responsibility to provide funding for the payment of benefits to Plan Participants, for premiums for excess loss insurance or for expenses of the Plan. (b) Designated Account. The Plan Sponsor shall establish, and at all times maintain in strict compliance with all applicable federal and state laws, specifically including, without limitation, the fiduciary bank account requirements of ERISA, a central disbursement checking account (the "Designated Account"), and shall deposit in said Designated Account sufficient funds to pay: (i) all compensation and fees owing to HMA for services rendered hereunder; (ii) all benefits owing to Participants in accordance with the terms of the Plan; (iii) all premiums and fees owing by the Plan Sponsor to third parties for excess loss insurance, PPO arrangements and utilization review; and (iv) all other authorized costs and expenses incurred by HMA in performing its duties hereunder. 6. Plan Sponsor Requirements. (a) Duty to Provide Data to HMA. The Company, as the Plan Sponsor and the Plan Administrator, acknowledges that the effective performance by HMA of the administrative services outlined herein will require that the Company furnish various reports, information, and data to HMA. The Company shall provide the following reports and information to HMA, together with such other data as HMA may from time to time request: (i) Identification and verification of individuals eligible for benefits under the Plan, kinds of benefits to which such individuals are entitled, date of eligibility and such other information as may be necessary for processing of benefit payments; (ii) Notification to HMA, on a monthly or more frequent basis, of all changes in participation whether by reason of termination, change in classification, new enrollment, or any other reason; and (iii) The number of employees and dependents covered under the Plan, collectively and separately classified by benefit coverage eligibility, enrollment, geographic area, age, sex, earning level, dependent coverage classifications, and in such other manner, as HMA shall require from time to time. (b) Duty to Provide Materials. The Company, as the Plan Sponsor and the Plan Administrator, shall provide directly or through HMA, all materials, documents (including summaries for employees), reports, and notice forms, as may be necessary or convenient for the operation of the Plan, or to satisfy the requirements of governing law, as may be determined or prepared from time to time by HMA. Where distribution to employees is HMA,Inc.TPA Agreement Page 4 07/07 required, such materials shall be furnished in sufficient quantity and shall be appropriately distributed by the Plan Administrator. (c) Fidelity Bond. The Plan Sponsor shall provide a fidelity bond for fiduciaries and employees as required by ERISA for the benefit of the plan. 7. Term and Termination. (a) Initial Term. The initial term of this Agreement shall be for a period of one year, commencing as of the Effective Date of this Agreement and terminating one year thereafter (the "Initial Term"), unless sooner terminated in accordance with the provisions of this Paragraph 7. (b) Renewal. Renewal of this Agreement shall be accomplished by attaching to this Agreement a revised Exhibit A, Schedule of Commissions and Administrative Fees, signed by the parties to this Agreement and setting forth the term of such renewal (the "Renewal Term"). In the event a revised Exhibit A is not signed by the parties, but the parties continue to perform under this Agreement, then it shall be deemed to be renewed for successive one(1) year periods until terminated. (c) Termination by Either Party. This Agreement may be terminated by either the Company or by HMA by written notice of intention to terminate given to the other party, to be effective as of a certain date set forth in the written notice, which shall not be less than ninety(90) days from the date of such notice. Upon termination by either party, within thirty days after the date of termination, HMA shall prepare and deliver a complete and final accounting and report as of the date of termination of the financial status of the Plan to the Plan Sponsor, together with all books Now and records in its possession and control pertaining to the administration of the Plan. All claim files, enrollment materials and other papers necessary for claim payments under the Plan shall be available to the Plan Sponsor upon the date of termination of this Agreement. If requested, HMA will process run-out claims (claims incurred prior to the date of termination). The charge for run-out claim processing will equal 3 months of current administrative fees and the duration will be 12 months. At the time of the final accounting, HMA shall deliver any funds of the Plan in its possession or control to the Plan Sponsor on its order. (d) Events Triggering Termination. In the event of willful misconduct or gross negligence by a party to this Agreement, the other party may terminate this Agreement immediately. HMA shall have the right, in its sole and absolute discretion, to terminate this Agreement immediately if: (i) After notice to cure, the Plan Sponsor or the Plan Administrator fails to cure a breach of any provision of this Agreement, including but not limited to failure to pay fees or charges owing HMA, failure to consistently fund benefit payments in a timely manner, or failure to fund the Designated Account as specified in Section 5 above, within ten days of receipt of written notice from HMA specifying the nature of the breach with reasonable particularity; or (ii) The Plan Sponsor becomes insolvent, is adjudicated a bankrupt, voluntarily files or permits the filing of a petition in bankruptcy, makes an assignment for the benefit of creditors, or seeks any similar relief under any bankruptcy laws or related statutes. Nome HMA, Inc.TPA Agreement Page 5 07/07 (e) Termination of Plan. If the Plan is terminated, for whatever reason, this Agreement shall automatically terminate as of the effective date of such termination except as set forth in 7.(c) if run-out processing is elected. (f) Effect of Termination. Upon termination of this Agreement, all obligations of HMA hereunder, specifically including, without limitation, all obligations to process claims for benefits and disburse benefit payments, shall terminate, and all rights of the Company shall cease, and HMA shall not be liable to the Company for any damage whatsoever sustained or arising out of, or alleged to have arisen out of, such termination. Notwithstanding anything express or implied herein to the contrary, the termination of this Agreement shall not affect the right of HMA to receive and recover all fees then owing by the Plan Sponsor to HMA hereunder or the rights of the parties under Sections 8 and 9 of this Agreement. 8. Indemnification by HMA. HMA agrees to indemnify, defend and to hold the Company harmless from any claims, demands, liabilities, judgments, damages, expenses, and losses incurred by the Company, including court costs and reasonable attorney's fees, to the extent such claims, demands, liabilities, judgments, damages, expenses, or losses arise out of, or are based upon, HMA's fraudulent, criminal or willful acts of misconduct or its reckless or negligent acts or omissions in the performance of its duties under this Agreement. The provisions of this section shall survive termination of this Agreement. 9. Indemnification by the Company. The Company agrees to indemnify, defend and to hold HMA harmless from any claims, demands, liabilities, judgments, damages, expenses, and losses incurred by HMA, including court costs and reasonable attorney's fees, to the extent such claims, demands, liabilities, judgments, damages, expenses, and losses arise out of, or are based upon, the Company's fraudulent, criminal or willful acts of misconduct or its reckless or negligent acts or omissions in the performance of its duties, as the Plan Sponsor or the Plan Administrator, under this Agreement. The provisions of this section shall survive termination of this Agreement. Nifid 10. Records Access and Audit Rights. Subject to the provisions of this Paragraph 10, the Plan Sponsor or the Plan Administrator may audit HMA's compliance with its obligations under this Agreement and HMA shall supply the Plan Sponsor or the Plan Administrator, as appropriate, with access to information acquired or maintained by HMA in performing services under this Agreement. HMA shall be required to supply only such information which is in its possession and which is reasonably necessary for the Plan Administrator to administer the Plan, provided that such disclosure is not prohibited by law or by any third-party contracts to which HMA is a signatory. The Plan Sponsor and the Plan Administrator hereby represent and warrant that, to the extent any disclosed information contains Protected Health Information (as defined by the Standards for Privacy of Individually Identifiable Health Information promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended (''HIPAA")) about a Participant, the Plan Sponsor or the Plan Administrator has the legal authority to have access to such information. The Plan Sponsor or the Plan Administrator shall give HMA 60 days' prior written notice of its intent to perform such an audit and its need for such information and shall represent to HMA that the information, which will be disclosed therein, is reasonably necessary for the administration of the Plan. All audits and information disclosure shall occur at a reasonable time and place and at the Plan Sponsor's sole cost and expense. 11. Overpayment or Improper Payment of Plan Benefits. If any payment is made hereunder to an ineligible person, or if it is determined that an overpayment or improper payment has been made to any Participant, HMA shall make reasonable efforts to recover the payment made to the ineligible person, or the overpayment or improper payment to the Participant, but shall not be required to initiate court proceedings for any such recovery. If HMA is unsuccessful, HMA shall notify the Plan Administrator in order that the Plan Administrator may take such action as may be Noi available to it. HMA, Inc.TPA Agreement Page 6 07/07 12. Additional Payments to Claimants. The Plan Administrator may, by written notice to HMA signed by an executive officer of the Plan Administrator, instruct HMA to pay claims, which in HMA's opinion are not payable under the Plan, upon the condition that such instruction expressly Nose releases HMA from any liability in connection therewith. The Plan Sponsor and the Plan Administrator hereby acknowledge that such payments will not qualify for credit toward excess or stop loss insurance coverage, if any, and, as such, are considered "outside" the Plan, unless agreed upon, in writing by the Plan's stop-loss carrier. The Plan Sponsor and the Plan Administrator assume all legal requirements for such payment. 13. Cooperation in Defense of Claims. HMA and the Company shall advise each other as to matters which come to their respective attentions involving potential legal actions or regulatory enforcement activity which involve the Plan or are related to the activities of either party with respect to the Plan or this Agreement and shall promptly advise each other of legal actions or administrative proceedings which have actually commenced. 14. Notice of Third Party Administrator's Capacity. HMA shall notify all Participants in writing of its identity and its relationship to the Plan and the Plan Sponsor in such form and manner as approved by the Plan Sponsor. 15. Plan's Compliance with Laws. The Company, as the Plan Sponsor and the Plan Administrator, represents and warrants that the Plan presently complies with all applicable federal, state and local laws and regulations, specifically including, without limitation, ERISA, the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"), and HIPAA, and covenants and agrees that it will, at its sole cost and expense, take all action necessary to cause the Plan's continued compliance with all applicable federal, state and local laws and regulations during the term of this Agreement. 16. Miscellaneous. (a) Entire Agreement. This document is the entire, final and complete agreement and understanding of the parties regarding the subject matter hereof and supersedes and replaces all written and oral agreements and understandings heretofore made or existing by and between the parties or their representatives with respect thereto. (b) Severability. In the event any one or more of the terms, conditions or provisions contained in the Agreement or any application thereof shall be declared invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, the validity, legality or enforceability of the remaining terms, conditions or provisions of this Agreement and any other application thereof shall not in any way be affected or impaired thereby, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions were not contained herein. (c) Restriction on Assignment. Neither party shall assign or transfer any of its rights or delegate any of its duties or obligations hereunder, directly or indirectly, without the prior written consent of the other party; provided, however, that either party may, upon 60 days written notice to the other party, assign this Agreement in its entirety to any person or entity, other than a direct competitor of the other party, which acquires the business of the assigning party or with which the party merges or is consolidated or affiliated, provided that the permitted assignee agrees in writing to be bound by the terms of this Agreement. Any attempted assignment, transfer or delegation in violation of this Paragraph 15(c) shall be null and void. (d) Notices. All notices, requests, demands and other communications required or err►' permitted to be given or made under the Agreement shall be in writing and shall be deemed delivered, if by personal delivery, on the date of personal delivery, if transmitted HMA, Inc.TPA Agreement Page 7 07/07 and confirmed by electronic mail or facsimile transmission, on the date of the transmission, if by U.S. certified or registered mail, postage prepaid, on the third business day following the date of deposit in the United States mail, or, if by nationally recognized overnight courier services, on the first business day following the date of delivery to such service, and shall be sent to the Company or HMA, as the case may be, at the address shown on the first page of this Agreement, or to such other address, person or entity as either party shall designate by notice to the other in accordance herewith. (e) Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective successors and permitted assigns. (f) No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties hereto, any right or remedy of any nature whatsoever, and nothing in this Agreement shall create, or be deemed to create, any rights, obligations or legal relationship between HMA and any Participant in the Plan. (g) Force Majeure. The parties will make their best effort to deliver services at the time specified herein. However, neither party shall have an obligation or liability whatsoever arising out of, or in connection with, any delay or failure to perform any of its duties or obligations under this Agreement, or any loss or damage incurred as a result thereof, if such delay or failure is caused, in whole or in part, either directly or indirectly, by act of God, fire, war, riot, civil insurrection, accident, embargo, governmental priority, failure of third parties to perform, criminal act (unless committed by someone in the employ of the offending party), strikes or other labor dispute, decree or order of any court or government, or any other occurrence, act, cause or thing beyond the control of the parties, whether related or unrelated or similar or dissimilar to any of the foregoing, which prevents, hinders or makes fulfillment of this Agreement impractical, any of which shall, without liability, excuse either party from performance of this Agreement. (h) Authorization. The Company represents and warrants to HMA that: (i) it is a corporation duly organized, validly existing and in good standing under the laws of the state in which it is organized; (ii) the execution, delivery and performance of this Agreement has been duly authorized by all requisite action of the Company's Board of Directors; and (iii) this Agreement constitutes a valid and binding contact of the Company in accordance with its terms. (I) Attorneys' Fees. In the event of litigation with respect to this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys'fees incurred in connection with such litigation. (j) Waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. (k) Amendment. No supplement, modification or amendment of this Agreement shall be binding, unless the same is in writing and signed by duly authorized representatives of both parties. (I) Governing Law. This Agreement shall be deemed to have been executed and entered into in Bellevue, Washington and shall be governed, construed, performed and enforced HMA,Inc.TPA Agreement Page 8 07/07 in accordance with the laws of the State of Washington, without regard to its conflict of law principles. In the event of litigation with respect to this Agreement or the obligations of the parties hereunder, the parties hereto expressly consent to the jurisdiction of King "w•► County, Washington and the U.S. District Court for the Western District of Washington. (m) Headings. The headings used in this Agreement are solely for convenience of reference, are not part of this Agreement, and are not to be considered in construing or interpreting this Agreement. (n) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instruments. (o) Systems Property of HMA. To perform its duties hereunder, HMA shall use certain computer systems (including, but not limited to, software) and other systems and property. Such systems and property are proprietary and the exclusive and confidential property of HMA. The hiring of HMA to provide services under this Agreement gives neither the Company nor the Plan any right to such systems, or to the inspection thereof. HMA reserves the right to change its systems and other technology at any time and from time to time, without notice or obligation to the Company or the Plan. Confidential system property of HMA is not accessible to the Plan Sponsor or Plan Administrator except as provided in Section 10 of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the respective dates set forth below, effective as of the day and year first above written. *olr.r Plan Sponsor: HMA: City of Renton Healthcare Management Administrators, Inc. By: By: Name: Name: Clay Ellis Title: Title: Sr. Vice President, COO Date: Date: Nirre HMA, Inc.TPA Agreement Page 9 07/07 EXHIBIT A PLAN SUPERVISOR AND AGENT/BROKER/CONSULTANT SCHEDULE OF COMMISSIONS AND FEES Administrative Fees: (Some fees are spilt, with partial retention by HMA and disbursement to other vendors noted.) Effective 01/01/2008 to 12/31/2008 administrative fees shall be:* $ 15.10 PEPM for administration of Medical and Vision claims $ 4.40 PEPM for administration of Dental claims $ 3.00 PEPM for administration of the Medical Management Program $ 0.85 PEPM for administration of the Total Health Management Program 24 Hour Care Line $2,400.00 Per Month for Agent/Broker/Consultant Monthly Service Fees $ 5.50 PEPM for administration of the HMA Preferred Preferred Provider Network Program ($1.50 retained by HMA, $4.00 to Regence BlueShield) $ 1.25 PEPM for COBRA administration (includes HIPAA Certificates of Creditable Coverage) $ 1.25 Caremark interface fee $ 0.25 Caremark per claim, processing fee $ 1.25 Caremark retail dispensing fee paid to the pharmacy If applicable, the administration of the Formulary Rebate program will be conducted by HMA on a quarterly basis. HMA does not retain any portion of any formulary rebate received. 100% of any formulary rebate received by HMA shall be passed on to the Company. N/C ID Card Production — initial enrollment $ 1.00 ID Card Production —total re-carding of GHP— per employee fee 30% Claims Negotiation, Hospital Bill Audit, and Repricing Services, as outlined in Section 4 (d) of the Agreement, and k(viii) of Exhibit B. $ 0 Bank account reconciliation fees $ 0 Other bank fees HMA, Inc.TPA Agreement Page 10 07/07 N/C Summary Plan Description—Initial SPD production Summary Plan Description — Subsequent SPD production $1,000 First Document $250 Additional Document(s) (per document) $125 Amendment only $500 Amendment and incorporation into current Summary Plan Description Cost + 20% Coordination of SPD printing services. Annual Fee. The Plan Sponsor shall pay an annual fee of $ 0 for services to the Plan, including accumulation and 1099 reporting of Plan payments, filing of insurance claims with the Plan Sponsor's excess loss insurer, recording benefits and changes in automated benefit system, billing and remitting premium to insurance carriers for coverage in connection with the Plan and providing information for reporting on IRS Form 5500 (as to which the Plan Sponsor acknowledges and agrees that HMA will provide only the information available to HMA relating to Plan participants during the term of this Agreement, and that the Plan Sponsor is responsible for combining that information with data from other payers). Commissions: Commissions Payable on Excess Loss Insurance Premium: 0% HMA 0% Broker Additional Information Concerning Our Fees: HMA, Inc. works with, and is appointed by, many excess loss carriers. Our administrative charges are 4isar" unaffected by the carrier with whom you elect to purchase excess loss coverage. HMA also participates in excess loss carrier override programs with a few of the carriers. These programs provide professional benefit administrators, and brokers and consultants to group health plans, with reimbursements for retention, volume, growth, profitability or other factors pursuant to agreements in force with that carrier relating to all or part of the business. This will vary from carrier to carrier, and will not affect the carrier choices made available to you. Additionally, any reimbursements retained by Healthcare Management Administrators, Inc. are used to cover expenses associated with administering the group health plans with that carrier. There is no way for HMA to project what reimbursements, if any, it will receive during 2008; however, they typically range from 0% to 6%. We will be pleased to discuss with you further details of any contingent compensation agreements pertinent to your placement upon your request. The aforementioned fees and commissions shall remain in effect beyond the above-stated term until changed by mutual agreement of the parties. *Rate guarantee for contracted time period applies only to services performed by HMA, Fees for outside vendors are subject to change at any time, IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized veme representatives on the respective dates set forth below, effective as of the day and year first above written. HMA, Inc.TPA Agreement Page 11 07/07 • R. L. Evans By: Name: Title: Date: City of Renton Healthcare Management Administrators, Inc. By: By: Name: Name: Clay Ellis Title: Title: Sr. Vice President, COO Date: Date: HMA,Inc.TPA Agreement Page 12 07/07 EXHIBIT B SERVICES PROVIDED BY HMA 1. HMA, within the scope of its duties under this Agreement, shall provide services for and shall assist the Plan Administrator in the administration of the Plan pursuant to the terms and conditions of the Plan as requested and authorized from time to time. Upon request, HMA shall prepare a Summary Plan Description (SPD) setting forth the benefits and rights of the Plan Participants. Final review and approval of the SPD will be the responsibility of the Plan Sponsor. An additional fee will be charged for the production of an SPD coinciding with the renewal of the Plan. 2. Prepare and assist the Plan Administrator in distributing benefit booklets to the Plan Participants. Initial booklet supply is not included as a part of the Plan set-up fee. Subsequent supplies are also at the Plan Sponsor's cost. 3. Assist the Plan Administrator in communicating to Participants any and all subsequent changes to the Plan. 4. Subject to the provisions of Section 2 of this Agreement, HMA agrees to provide the following claims processing and payment services, including, but not limited to: (a) Answer all telephone inquiries from employees of Plan Sponsor regarding eligibility and coverage under the Plan, and respond to requests for forms and status inquiries on filed claims and benefit payments. HMA will provide adequate customer service representatives between the hours of 8:00 a.m. to 5:00 p.m. PST, Monday thru Thursday and 9:00 a.m. to 5:00 p.m. PST on Friday's, during non-holiday workweeks. la"" (b) Receive and process claims for payment of covered benefits for Plan Participants in accordance with the provisions of the Plan, for claims incurred on and after the Effective Date of this Agreement. (c) Communicate with Plan Participants and health care providers as necessary to obtain any additional information deemed necessary to expedite the processing of claims for benefits under the Plan. (d) Request and obtain from the Plan Administrator, as necessary, interpretations with respect to the provisions of the Plan and all questions of substance and procedure relating thereto. (e) Issue and distribute claims checks to Participants, from funds provided by the Plan Sponsor, and provide appropriate Explanation of Benefit forms ("EOB's") to Plan Participants and health care providers, as applicable, in connection therewith. (f) Provide written notice to a Plan Participant of any denial of a claim, in whole or in part, which includes the specific reason(s) for such denial and the opportunity for review of the denial. (g) Provide the Plan Sponsor forms for use by Plan Participants in submitting claims to HMA. (h) Provide for the coordination of benefits, subrogation collection activities, and collection of overpayments or improper payments made to any Participants, as reasonably possible. In the event that additional recovery services are needed, HMA, subject to the'Now of the Plan Sponsor, shall arrange for the purchase of such recovery services. Any fees charged to HMA for recovery services will be passed on to the Company for payment. HMA, Inc.TPA Agreement Page 13 07/07 (i) Screen claims to avoid duplicate payments and maintain procedures that will assure consistency in claims payments in accordance with the Plan. (j) Prepare such reports concerning Plan Participants' benefits as the Plan Sponsor, the Plan Administrator and HMA may hereafter agree upon. (k) If a fee is stated and accepted on the "Schedule of Fees" page for: (i) "COBRA administration," HMA will notify Participants of COBRA continuation coverage rights upon the occurrence of a qualifying event, as required by COBRA, as well as responsibility for calculation and collection of premiums for continuation coverage. All notices shall be made by U.S. First Class Mail to the individual's last known address. Plan Participants will be instructed on procedures for COBRA premium remittance. Upon receipt, HMA will update the Plan Sponsor's COBRA records; (ii) "HIPAA pre-existing conditions compliance administration," HMA will reprogram the system to administer and document compliance activity and accommodate changes in pre-existing condition periods; receive incoming Certificates of Creditable Coverage; calculate the pre-existing condition period, in days, based upon creditable coverage; communicate balance, in days, of any remaining pre-existing condition period to new Plan Participants; mail the"Notice to Individual of Period of Pre-existing Condition Exclusion;" report compliance activity to clients, excess loss carriers, and/or U.S. Department of Labor upon request; and assist in the investigation and determination by the Plan Administrator of disputed calculation of pre-existing period; (iii) HIPAA certificates of creditable coverage administration," HMA will mail certificates to the last recorded address of a Plan Participant within 14 days of notification of termination from the Plan, or, upon request, for up to 24 months after termination; (iv) "Administration of the Utilization Management Program," HMA will provide pre--authorization services in compliance with the Plan, screen claims for medical necessity and assist in making pre-existing condition determinations; (v) "Administration of LargeCaseManagement," HMA will screen catastrophic and potentially high-dollar claims, assign length of stay and monitor admissions, promote appropriate patient care and optimize benefits usage. (vi) "Administration of the Total Health Management Program," HMA will provide a Total Health Management Program consisting of disease management, including predictive modeling, education, monitoring and lifestyle coaching; a 24- hour care line, in which Participants will have access to a health information library and the ability to speak with a Registered Nurse for counseling or advise; high-risk claim analysis to assist in the early identification of potential high dollar claims and enable proactive case management support; and web based tools, for Participants to obtain wellness and prevention information, physician and pharmacy support, a health risk assessment and disease management referral capability. (vii) "Administration of "Tomorrow's Child" Maternity Newborn Program," HMA will provide risk assessment, education and ongoing monitors for mothers to be in effort of improving the outcomes and reducing costs associated with .46101/ complicated pregnancies and premature births. HMA, Inc.TPA Agreement Page 14 07/07 (viii) "Claims Negotiation, Hospital Bill Audit, and Repricing Services" HMA will conduct a Hospital Bill Audit on all In Network hospital bills that meet our threshold for review. Each In Network Hospital bill selected for audit will be carefully scrutinized to eliminate duplicate and/or non-allowable charges. We will provide access to repricing services for Out of Network claims, as well as fee reduction negotiation services for Out of Network claims that cannot be repriced. HMA's Medical Management Department will conduct a Hospital Bill Audit on all Out of Network hospital bills that meet our threshold for review. All other Out of Network provider or facility claims will be immediately forwarded to a third party vendor who will attempt to reprice and discount each claim, or in the event that repricing is not available, engage in fee reduction negotiations. In those cases where no savings can be obtained by repricing or negotiation, the claim will be paid at the plan's normal Out of Network benefit level according to the plan provisions. There will be no cost for the provision and coordination of this service for claims that experience no repricing or negotiated savings (ix) Claims Processing — Run-in Claims. Run-in Claims Processed Prior to Completion of Documents. (Check here if this service is desired.)The Plan Administrator desires that HMA begin performance under this Agreement, including, but not limited to, processing claims for benefits in accordance with Exhibit B, prior to completion and execution of the SPD. HMA agrees to do so, and such claims shall be processed in accordance with the Plan Sponsor's prior health plan, or instructions given by the Plan Sponsor to HMA as to the benefits to be offered under the Plan, as determined by the Plan Sponsor. Ailow The Plan Sponsor hereby acknowledges that any claims which require reprocessing as a result of changes between the prior health plan or the Plan Sponsor's instructions and the executed SPD will be subject to an additional reprocessing fee at HMA's discretion. The Plan Sponsor further acknowledges that claims which are paid pursuant to the prior health plan or the Plan Sponsor's instructions may be determined to be ineligible for reimbursement pursuant to any excess loss policy. 6. HMA shall coordinate approval of claims under the Plan and arrange for the payment thereof from funds available to the Plan either by issuing a check or draft upon the Plan bank account, if such account is provided for this purpose, or by written order and authorization delivered to the Plan Administrator or other person authorized to issue such check or draft in payment of claims. HMA shall honor any assignment of benefits of a person eligible for benefits under Plan to any person or institution, which is a proper and qualified assignee under the terms of the Plan. 7. HMA shall pay from the Plan bank account, if provided, or shall issue an order to the Plan Administrator or other person with authority to disburse funds of the Plan to pay, all of the expenses of operation of the Plan incurred pursuant to the performance of this Agreement (excluding Plan administration fees unless specifically authorized). 8. HMA, subject to the direction by, and approval of, the Plan Sponsor, shall arrange for the purchase of policies of insurance to provide any of the benefits provided for in this Agreement, the Plan, or the Trust (if any). The Plan Sponsor shall pay all premiums for policies of stop-loss or individual and aggregate excess risk or similar type of insurance. 9. HMA, where applicable, shall furnish the "Schedule C" information necessary for the preparation Itr"'' of IRS Form 5500. HMA shall not be required to assist the Plan Sponsor or the Plan Administrator in the preparation or filing of any report, returns, tax returns, or similar papers HMA, Inc.TPA Agreement Page 15 07/07 required by any local political subdivision, state or the Federal government pertaining to the operation or management of the Plan. If necessary, professional fees for preparing government required forms and/ or auditing of the Plan shall be the responsibility of the Plan Sponsor. 10. HMA shall render monthly reports to the Plan Sponsor which shall include the following: (a) Receipts of the Plan other than deposits made by the Plan Sponsor from its own funds or from collections from employees; (b) Disbursements, by category, made from the Plan; (c) A statement of the fees due HMA. 11. HMA shall maintain and pay the cost of a fidelity bond in the amount of not less than One Hundred Thousand Dollars ($100,000.00) and an errors and omissions insurance policy in the amount of not less than One Million Dollars ($1,000,000.00) covering HMA and any of its agents or employees who may collect, disburse, or otherwise handle disbursements or payments on behalf of the Plan. 12. HMA shall maintain all records relating to the investigation, processing, and payment of alt claims for benefits for a period of not less than six (6) years from the date of the claim for benefits. Upon termination of this Agreement, these records may be transferred to the Plan Sponsor or other person or entity, at the Plan Sponsor's request. 13. The Plan Sponsor, the Plan Administrator or their agents or representatives may examine any records maintained by HMA regarding claims for benefit payments, benefits paid and the issuing of checks for payment of benefits under the Plan. 14. HMA shall maintain books of account and supporting documents according to generally accepted accounting principles as promulgated by the Financial Accounting Standards Board. HMA agrees that the Plan Sponsor, the Plan Administrator or their agents or representatives may inspect and audit its claims records relevant to the Plan at any time upon giving to HMA sixty(60) days' prior written notice of its desire to do so. Audits may be conducted by the Plan Sponsor's or Plan Administrator's audit staff or by an independent contractor employed at the Plan Sponsor's expense, which may be either a certified public accountant or otherwise professional qualified to perform such auditing services. Nod HMA, Inc.TPA Agreement Page 16 07/07 ADMINISTRATIVE SERVICES AGREEMENT DATE: July 15, 2008 PARTIES: City of Renton the"Company" 1055 S. Grady Way Renton, WA 98055 Healthcare Management Administrators, Inc. "HMA" 220 120th Ave NE, Ste. D200 Bellevue, WA 98005 Effective Date: January 1, 2009 When the Company is acting as the Plan Sponsor (as defined in ERISA) under this Agreement, it will be referred to as the"Plan Sponsor,"and when it is acting as the Administrator (as defined in ERISA) under this Agreement, it will be referred to as the"Plan Administrator." As Plan Sponsor, the Company is acting in its capacity as the settlor of the Plan; and, as the Plan Administrator, it is acting in its fiduciary capacity. Recitals: A. The Plan Sponsor has established a self-insured Employee Welfare Benefit Plan, as defined in ERISA, for the purpose of providing certain benefits to its eligible employees and their dependents (the"Plan"); *toe B. The Plan Administrator desires to retain HMA to furnish claims processing and other ministerial services with respect to the Plan; and C. HMA is willing to furnish such services, based upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Company and HMA agree as follows: Agreement: 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) "Effective Date" means the day and year set forth above, which shall be the date this Agreement becomes effective. (b) "ERISA"means the Employee Retirement Income Security Act of 1974, as amended. (c) "Participants" means those employees and former employees of the Company, and their dependents, who have met the eligibility requirements of the Plan, and have satisfied all other conditions to participation in the Plan. 2. Relationship of Parties. (a) HMA Acting In Ministerial Capacity. The parties acknowledge and agree that HMA is Now acting solely in a ministerial capacity in performing its duties and obligations under this Agreement and shall have no discretionary authority or responsibility with respect to the HMA, Inc.TPA Agreement Page 1 06/08 administration of the Plan. HMA shall have no power to interpret ambiguities or conflicts that may exist in any provision of the Plan, but shall abide by the decisions of the Plan Administrator on all questions of substance and procedure respecting the Plan. HMA Nird does not insure nor underwrite the liability of the Plan Sponsor under the Plan and shall have no financial risk or liability with respect to the provision of benefits under the Plan, except as set forth in Section 8. (b) Plan Administrator and Named Fiduciary. The parties agree that the Company is, and shall at all times remain, the Administrator and the Named Fiduciary (as defined in ERISA) for purposes of ERISA. The Plan Administrator shall oversee the administration of the Plan and be responsible for complying with all reporting and disclosure requirements of ERISA; shall have the exclusive right to interpret the terms of the Plan and to determine eligibility for coverage and benefits, which determination shall be conclusive and binding on all persons; and shall have final authority with respect to approval or disapproval of any disputed or doubtful claim. HMA is not a fiduciary with respect to this engagement and shall not exercise any discretionary authority or control over the management or administration of the Plan, or the management or disposition of the Plan's assets. HMA shall limit its activities to carrying out ministerial acts of notifying Plan Participants and making benefit payments as required by the Plan. Any matters for which discretion is required, including, but not limited to, decisions on claims and appeals of denied claims, shall be referred by HMA to the Plan Administrator, and HMA shall take direction from the Plan Administrator in all such matters. HMA shall not be responsible for advising the Plan Administrator with respect to its fiduciary responsibilities under the Plan nor for making any recommendations with respect to the investment of Plan assets. HMA may rely on all information provided to it by the Company, as well as the Plan's other vendors. HMA shall not be responsible for determining the existence of Plan assets. (c) Independent Contractor Relationship. Notwithstanding anything express or implied in this Agreement to the contrary, the parties acknowledge and agree that HMA is acting as an independent contractor, and for all purposes shall be deemed to be an independent contractor in performing its duties, and fulfilling its obligations, under this Agreement. Neither HMA, nor any individual performing services on its behalf, shall be considered or construed to be an employee of Plan Sponsor for any purpose whatsoever. 3. Administrative Services to be Provided by HMA. (a) Administration and Claims Processing Services. HMA shall provide the administrative and claims processing services set forth on Exhibit B, which is attached hereto and made a part hereof, during the term of this Agreement. (b) Other Administrative Services Available. HMA offers various other services, and performs various other ministerial functions, for plan sponsors in connection with the administration of employee health benefit plans. If the Plan Administrator subsequently requests additional services from HMA, and HMA agrees to provide such services, the parties shall describe the mutually agreed upon services in an Addendum hereto, and include within such Addendum a mutually agreed upon fee schedule for such services. 4. Fees to HMA. (a) Fees for Claims Processing Services. As compensation for the administration and claims processing services set forth on Exhibit B, HMA shall be paid the fees set forth on Exhibit A, which is attached hereto and made a part hereof. Fees shall be based on the number of Participants enrolled under the Plan on the first day of the month in which services are being billed, and shall be due and payable in advance on the first day of the HMA, Inc.TPA Agreement Page 2 06/08 month. Fees for any newly enrolled Participants' entering on or after the first day of the month shall be charged retroactive to the date of enrollment and shall be payable on the first day of the month following the date of enrollment. Any adjustments in fees for Niro, retroactive changes in enrollment will be made on the first billing cycle immediately following the submission of the change in writing to HMA. (b) Fees for Other Administrative Services. If the Plan Administrator requests any other administrative services from HMA hereunder, and HMA agrees to provide such services, the Plan Sponsor and HMA shall mutually agree upon a fee schedule for such services and the Plan Sponsor shall pay HMA in strict compliance with such fee schedule. (c) Fees for Excess Loss Consultation Services. If the Plan Administrator requests that HMA assist with the analysis of the services and costs of various carriers (including preparation of an RFP, if necessary), or selection of an Excess Loss Carrier for the Plan, HMA shall be entitled to a fee for this service, as set forth on Exhibit A. (d) Fees from Outside Vendors. HMA shall be entitled to a portion of the fees charged by outside vendors, as set forth on Exhibit A. (e) Fees for Negotiated Savings. In the event that HMA is able to negotiate a reduced fee charged by a provider, HMA shall be entitled to retain a percent of the negotiated savings as stated in the fee schedule. In the event that additional saving negotiation services are needed, the Plan Sponsor and HMA shall mutually agree upon a fee schedule for such services. In the event that HMA is able to negotiate additional savings with a Preferred Provider, fees for HMA's negotiation services will only apply to the additional savings retained. (f) Fees for Repricing of Out of Network Claims. HMA shall be entitled to retain 30% (thirty percent) of the gross savings obtained for all out of network claims that are repriced, reduced by negotiation or reduced due to audit. The remaining 70% (seventy percent) of savings will be passed on to the client in the form of reduced claims costs. There will be no cost to the Plan Sponsor for this service for claims that experience no repricing or negotiated savings. (g) Reprocessing Fee. In the event a retroactive amendment or the Plan Sponsor's failure to fund claims in a-timely manner results in the need to reprocess claims, subject to prior approval, the Plan Sponsor agrees to pay HMA's expenses in performing that service. (h) Right to Change Fees. Upon approval of Plan Sponsor, HMA shall have a right to change any fees charged to the Plan Sponsor hereunder (i) as of the first day of any Renewal Term; (ii) as of the effective date of any changes in applicable federal and state laws that would expand the scope of the services that HMA has agreed to provide hereunder. (iii) notwithstanding the fees in effect under this Agreement, should there be a change in any law or regulation that results in increased costs to HMA, HMA shall increase its fees to cover such increased costs. (iv) As a result of Plan Amendments, HMA shall have the right to change its fees upon written notice to the Plan Sponsor in the event any amendment to the Plan '441rive changes the amount or type of processing, services or responsibilities undertaken by HMA, effective as of the effective date of the amendment. HMA, Inc.TPA Agreement Page 3 06/08 If HMA elects to change any fees charged to the Plan Sponsor hereunder, HMA shall give prior written notice of such change to the Plan Sponsor and the Plan Sponsor may, if it does not want to retain HMA based on the new fee schedule, terminate this Agreement by sending written notice of termination to HMA. 5. Funding of Benefit Payments. (a) Responsibility for Funding Benefits. The Plan Sponsor is responsible for funding the payment of all benefits to Participants in accordance with the terms of the Plan, and paying all costs and expenses incident to the administration of the Plan, including, without limitation, all premium taxes assessed against the Plan Sponsor with respect to benefit payments. Funding for benefits by the Plan Sponsor will occur within ten (10) business days, commencing on the date written notification is sent by HMA, unless otherwise agreed upon in writing. In no event shall HMA have the responsibility to provide funding for the payment of benefits to Plan Participants, for premiums for excess loss insurance or for expenses of the Plan. (b) Designated Account. The Plan Sponsor shall establish, and at all times maintain in strict compliance with all applicable federal and state laws, specifically including, without limitation, the fiduciary bank account requirements of ERISA, a central disbursement checking account (the "Designated Account"), and shall deposit in said Designated Account sufficient funds to pay: (i) all compensation and fees owing to HMA for services rendered hereunder; (ii) all benefits owing to Participants in accordance with the terms of the Plan; (iii) all premiums and fees owing by the Plan Sponsor to third parties for excess loss insurance, PPO arrangements and utilization review; and (iv) all other authorized costs and expenses incurred by HMA in performing its duties hereunder. (c) Unclaimed Funds. Any funds designated for the payment of benefits which are: i) duly deposited in into the Designated Account referenced in Section (b) above; and ii) remain unclaimed after a period of six (6) months after the date of initial issuance of the original check or voucher, shall be forfeit to the Plan Sponsor. Said forfeited funds shall be used by the Plan Sponsor for the sole benefit of the Plan Participants. If a valid claim on these funds is received subsequent to the funds being returned to the Plan Sponsor, HMA will process the claim in accordance with the provisions of the Plan, and request the funds from the Plan Sponsor pursuant to Section (a) of this article. 6. Plan Sponsor Requirements. (a) Duty to Provide Data to HMA. The Company, as the Plan Sponsor and the Plan Administrator, acknowledges that the effective performance by HMA of the administrative services outlined herein will require that the Company furnish various reports, information, and data to HMA. The Company shall provide the following reports and information to HMA, together with such other data as HMA may from time to time request: HMA, Inc.TPA Agreement Page 4 06/08 111111110111111111111111.1111111110 (i) Identification and verification of individuals eligible for benefits under the Plan, kinds of benefits to which such individuals are entitled, date of eligibility and such other information as may be necessary for processing of benefit payments; (ii) Notification to HMA, on a monthly or more frequent basis, of all changes in participation whether by reason of termination, change in classification, new enrollment, or any other reason; and (iii) The number of employees and dependents covered under the Plan, collectively and separately classified by benefit coverage eligibility, enrollment, geographic area, age, sex, earning level, dependent coverage classifications, and in such other manner, as HMA shall require from time to time. (iv) The Social Security numbers for all employees and dependents covered under the Plan. (b) Duty to Provide Materials. The Company, as the Plan Sponsor and the Plan Administrator, shall provide directly or through HMA, all materials, documents (including summaries for employees), reports, and notice forms, as may be necessary or convenient for the operation of the Plan, or to satisfy the requirements of governing law, as may be determined or prepared from time to time by HMA. Where distribution to employees is required, such materials shall be furnished in sufficient quantity and shall be appropriately distributed by the Plan Administrator. (c) Fidelity Bond. The Plan Sponsor shall provide a fidelity bond for fiduciaries and employees as required by ERISA for the benefit of the plan. 7. Term and Termination. (a) Initial Term. The initial term of this Agreement shall be for a period of one year, commencing as of the Effective Date of this Agreement and terminating one year thereafter (the "Initial Term"), unless sooner terminated in accordance with the provisions of this Paragraph 7. (b) Renewal. Renewal of this Agreement shall be accomplished by attaching to this Agreement a revised Exhibit A, Schedule of Commissions and Administrative Fees, signed by the parties to this Agreement and setting forth the term of such renewal (the "Renewal Term"). In the event a revised Exhibit A is not signed by the parties, but the parties continue to perform under this Agreement, then it shall be deemed to be renewed for successive one (1) year periods until terminated. (c) Termination by Either Party. This Agreement may be terminated by either the Company or by HMA by written notice of intention to terminate given to the other party, to be effective as of a certain date set forth in the written notice, which shall not be less than ninety (90) days from the date of such notice. Upon termination by either party, within thirty days after the date of termination, HMA shall prepare and deliver a complete and final accounting and report as of the date of termination of the financial status of the Plan to the Plan Sponsor, together with all books and records in its possession and control pertaining to the administration of the Plan. All claim files, enrollment materials and other papers necessary for claim payments under the Plan shall be available to the Plan Sponsor upon the date of termination of this Agreement. If requested, HMA will process run-out claims (claims incurred prior to the date of termination). The charge for run-out claim processing will equal 3 months of "441.0'' current administrative fees and the duration will be 12 months. At the time of the final HMA,Inc.TPA Agreement Page 5 06/08 accounting, HMA shall deliver any funds of the Plan in its possession or control to the Plan Sponsor on its order. (d) Events Triggering Termination. In the event of willful misconduct or gross negligence by a party to this Agreement, the other party may terminate this Agreement immediately. HMA shall have the right, in its sole and absolute discretion, to terminate this Agreement immediately if: (i) After notice to cure, the Plan Sponsor or the Plan Administrator fails to cure a breach of any provision of this Agreement, including but not limited to failure to pay fees or charges owing HMA, failure to consistently fund benefit payments in a timely manner, or failure to fund the Designated Account as specified in Section 5 above, within ten days of receipt of written notice from HMA specifying the nature of the breach with reasonable particularity; or (ii) The Plan Sponsor becomes insolvent, is adjudicated a bankrupt, voluntarily files or permits the filing of a petition in bankruptcy, makes an assignment for the benefit of creditors, or seeks any similar relief under any bankruptcy laws or related statutes. (e) Termination of Plan. If the Plan is terminated, for whatever reason, this Agreement shall automatically terminate as of the effective date of such termination except as set forth in 7.(c) if run-out processing is elected. (f) Effect of Termination. Upon termination of this Agreement, all obligations of HMA hereunder, specifically including, without limitation, all obligations to process claims for benefits and disburse benefit payments, shall terminate, and all rights of the Company shall cease, and HMA shall not be liable to the Company for any damage whatsoever sustained or arising out of, or alleged to have arisen out of, such termination. Notwithstanding anything express or implied herein to the contrary, the termination of this Agreement shall not affect the right of HMA to receive and recover all fees then owing by the Plan Sponsor to HMA hereunder or the rights of the parties under Sections 8 and 9 of this Agreement. 8. Indemnification by HMA. HMA agrees to indemnify, defend and to hold the Company harmless from any claims, demands, liabilities, judgments, damages, expenses, and losses incurred by the Company, including court costs and reasonable attorney's fees, to the extent such claims, demands, liabilities, judgments, damages, expenses, or losses arise out of, or are based upon, HMA's fraudulent, criminal or willful acts of misconduct or its reckless or negligent acts or omissions in the performance of its duties under this Agreement. The provisions of this section shall survive termination of this Agreement. 9. Indemnification by the Company. The Company agrees to indemnify, defend and to hold HMA harmless from any claims, demands, liabilities, judgments, damages, expenses, and losses incurred by HMA, including court costs and reasonable attorney's fees, to the extent such claims, demands, liabilities, judgments, damages, expenses, and losses arise out of, or are based upon, the Company's fraudulent, criminal or willful acts of misconduct or its reckless or negligent acts or omissions in the performance of its duties, as the Plan Sponsor or the Plan Administrator, under this Agreement. The provisions of this section shall survive termination of this Agreement. 10. Records Access and Audit Rights. Subject to the provisions of this Paragraph 10, the Plan Sponsor or the Plan Administrator may audit HMA's compliance with its obligations under this Agreement and HMA shall supply the Plan Sponsor or the Plan Administrator, as appropriate, with access to information acquired or maintained by HMA in performing services under this Nad Agreement. HMA shall be required to supply only such information which is in its possession and which is reasonably necessary for the Plan Administrator to administer the Plan, provided that HMA, Inc.TPA Agreement Page 6 06/08 such disclosure is not prohibited by law or by any third-party contracts to which HMA is a signatory. The Plan Sponsor and the Plan Administrator hereby represent and warrant that, to the extent any disclosed information contains Protected Health Information (as defined by the Num, Standards for Privacy of Individually Identifiable Health Information promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA")) about a Participant, the Plan Sponsor or the Plan Administrator has the legal authority to have access to such information. The Plan Sponsor or the Plan Administrator shall give HMA 60 days' prior written notice of its intent to perform such an audit and its need for such information and shall represent to HMA that the information, which will be disclosed therein, is reasonably necessary for the administration of the Plan. All audits and information disclosure shall occur at a reasonable time and place and at the Plan Sponsor's sole cost and expense. 11. Overpayment or Improper Payment of Plan Benefits. If any payment is made hereunder to an ineligible person, or if it is determined that an overpayment or improper payment has been made to any Participant, HMA shall make reasonable efforts to recover the payment made to the ineligible person, or the overpayment or improper payment to the Participant, but shall not be required to initiate court proceedings for any such recovery. If HMA is unsuccessful, HMA shall notify the Plan Administrator in order that the Plan Administrator may take such action as may be available to it. 12. Additional Payments to Claimants. The Plan Administrator may, by written notice to HMA signed by an executive officer of the Plan Administrator, instruct HMA to pay claims, which in HMA's opinion are not payable under the Plan, upon the condition that such instruction expressly releases HMA from any liability in connection therewith. The Plan Sponsor and the Plan Administrator hereby acknowledge that such payments will not qualify for credit toward excess or stop loss insurance coverage, if any, and, as such, are considered "outside" the Plan, unless agreed upon, in writing by the Plan's stop-loss carrier. The Plan Sponsor and the Plan Administrator assume all legal requirements for such payment. 13. Cooperation in Defense of Claims. HMA and the Company shall advise each other as to matters which come to their respective attentions involving potential legal actions or regulatory enforcement activity which involve the Plan or are related to the activities of either party with respect to the Plan or this Agreement and shall promptly advise each other of legal actions or administrative proceedings which have actually commenced. 14. Notice of Third Party Administrator's Capacity. HMA shall notify all Participants in writing of its identity and its relationship to the Plan and the Plan Sponsor in such form and manner as approved by the Plan Sponsor. 15. Plan's Compliance with Laws. The Company, as the Plan Sponsor and the Plan Administrator, represents and warrants that the Plan presently complies with all applicable federal, state and local laws and regulations, specifically including, without limitation, ERISA, the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA"), and HIPAA, and covenants and agrees that it will, at its sole cost and expense, take all action necessary to cause the Plan's continued compliance with all applicable federal, state and local laws and regulations during the term of this Agreement. 16. Miscellaneous. (a) Entire Agreement. This document is the entire, final and complete agreement and understanding of the parties regarding the subject matter hereof and supersedes and replaces all written and oral agreements and understandings heretofore made or existing by and between the parties or their representatives with respect thereto. Nine (b) Severability. In the event any one or more of the terms, conditions or provisions contained in the Agreement or any application thereof shall be declared invalid, illegal or HMA, Inc.TPA Agreement Page 7 06/08 AIM► unenforceable in any respect by any court of competent jurisdiction, the validity, legality or enforceability of the remaining terms, conditions or provisions of this Agreement and any other application thereof shall not in any way be affected or impaired thereby, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions were not contained herein. (c) Restriction on Assignment. Neither party shall assign or transfer any of its rights or delegate any of its duties or obligations hereunder, directly or indirectly, without the prior written consent of the other party; provided, however, that either party may, upon 60 days written notice to the other party, assign this Agreement in its entirety to any person or entity, other than a direct competitor of the other party, which acquires the business of the assigning party or with which the party merges or is consolidated or affiliated, provided that the permitted assignee agrees in writing to be bound by the terms of this Agreement. Any attempted assignment, transfer or delegation in violation of this Paragraph 15(c) shall be null and void. (d) Notices. All notices, requests, demands and other communications required or permitted to be given or made under the Agreement shall be in writing and shall be deemed delivered, if by personal delivery, on the date of personal delivery, if transmitted and confirmed by electronic mail or facsimile transmission, on the date -of the transmission, if by U.S. certified or registered mail, postage prepaid, on the third business day following the date of deposit in the United States mail, or, if by nationally recognized overnight courier services, on the first business day following the date of delivery to such service, and shall be sent to the Company or HMA, as the case may be, at the address shown on the first page of this Agreement, or to such other address, person or entity as either party shall designate by notice to the other in accordance herewith. (e) Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective successors and permitted assigns. (f) No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties hereto, any right or remedy of any nature whatsoever, and nothing in this Agreement shall create, or be deemed to create, any rights, obligations or legal relationship between HMA and any Participant in the Plan. (g) Fines and Penalties. In the event that the Plan Sponsor or Plan Administrator fails to provide any of the data specified in Article 6 of this Agreement, Plan Sponsor Requirements, and said failure results in a fine or penalty, the full amount of the fine or penalty shall be passed through to the Plan Sponsor for payment. (h) Force Majeure. The parties will make their best effort to deliver services at the time specified herein. However, neither party shall have an obligation or liability whatsoever arising out of, or in connection with, any delay or failure to perform any of its duties or obligations under this Agreement, or any loss or damage incurred as a result thereof, if such delay or failure is caused, in whole or in part, either directly or indirectly, by act of God, fire, war, riot, civil insurrection, accident, embargo, governmental priority, failure of third parties to perform, criminal act (unless committed by someone in the employ of the offending party), strikes or other labor dispute, decree or order of any court or government, or any other occurrence, act, cause or thing beyond the control of the parties, whether related or unrelated or similar or dissimilar to any of the foregoing, which prevents, hinders or makes fulfillment of this Agreement impractical, any of which shall, without liability, excuse either party from performance of this Agreement. (i) Authorization. The Company represents and warrants to HMA that: HMA, Inc.TPA Agreement Page 8 06/08 (i) it is a corporation duly organized, validly existing and in good standing under the laws of the state in which it is organized; Nlra"` (ii) the execution, delivery and performance of this Agreement has been duly authorized by all requisite action of the Company's Board of Directors; and (iii) this Agreement constitutes a valid and binding contact of the Company in accordance with its terms. (j) Attorneys' Fees. In the event of litigation with respect to this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys'fees incurred in connection with such litigation. (k) Waiver. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. (I) Amendment. No supplement, modification or amendment of this Agreement shall be binding, unless the same is in writing and signed by duly authorized representatives of both parties. (m) Governing Law. This Agreement shall be deemed to have been executed and entered into in Bellevue, Washington and shall be governed, construed, performed and enforced in accordance with the laws of the State of Washington, without regard to its conflict of law principles. In the event of litigation with respect to this Agreement or the obligations of the parties hereunder, the parties hereto expressly consent to the jurisdiction of King County, Washington and the U.S. District Court for the Western District of Washington. Notre (n) Headings. The headings used in this Agreement are solely for convenience of reference, are not part of this Agreement, and are not to be considered in construing or interpreting this Agreement. (o) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instruments. (p) Systems Property of HMA. To perform its duties hereunder, HMA shall use certain computer systems (including, but not limited to, software) and other systems and property. Such systems and property are proprietary and the exclusive and confidential property of HMA. The hiring of HMA to provide services under this Agreement gives neither the Company nor the Plan any right to such systems, or to the inspection thereof. HMA reserves the right to change its systems and other technology at any time and from time to time, without notice or obligation to the Company or the Plan. Confidential system property of HMA is not accessible to the Plan Sponsor or Plan Administrator except as provided in Section 10 of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the respective dates set forth below, effective as of the day and year first above written. Plan Sponsor: HMA: City of Renton Healthcare Management Administrators, Inc. HMA,Inc.TPA Agreement Page 9 06/08 By: By: Name: Name: Clay Ellis Title: Title: Sr. Vice President, COO Date: Date: HMA,Inc.TPA Agreement Page 10 06/08 EXHIBIT A PLAN SUPERVISOR AND AGENT/BROKER/CONSULTANT SCHEDULE OF COMMISSIONS AND FEES Navy Administrative Fees: (Some fees are split, with partial retention by HMA and disbursement to other vendors noted) Effective 01/01/2009 to 12/31/2009 administrative fees shall be:* $ 15.40 PEPM for administration of Medical claims $ 4.40 PEPM for administration of Dental claims $ 3.20 PEPM Advance Medical Management Services $ 0.85 PEPM for administration of the Total Health Management Program 24 Hour Care Line $2,400.00 Per Month for Agent/Broker/Consultant Monthly Service Fees $ 5.50 PEPM for administration of the HMA Preferred Provider Network Program ($1.50 retained by HMA, $4.00 to Regence) $ 1.25 PEPM for COBRA administration (includes HIPAA Certificates of Creditable Coverage $ 1.25 Caremark interface fee ($1.25 retained by HMA, $0.00 to Caremark) $ 0.00 Caremark per claim, processing fee Now $ 1.70 Caremark retail generic dispensing fee paid to the pharmacy $ 1.70 Caremark retail brand name dispensing fee paid to the pharmacy $ 0.00 Caremark mail order generic dispensing fee paid to the pharmacy $ 0.00 Caremark mail order brand name dispensing fee paid to the pharmacy Retail Ingredient cost discount based upon Average Wholesale Price — 16%, Maximum Allowed Cost, or U &C (whichever is lowest) Mail Generic Ingredient cost discount based upon Average Wholesale Price— 55% Mail Brand Ingredient cost discount based upon Average Wholesale Price —24% If applicable, the administration of the Formulary Rebate program will be conducted by HMA on a quarterly basis. Caremark keeps 15% of the formulary rebate. HMA does not retain any portion of any formulary rebate received. 100% of any formulary rebate received by HMA shall be passed on to the Company. N/C ID Card Production — initial enrollment $ 1.00 ID Card Production —total re-carding of GHP— per employee fee HMA, Inc.TPA Agreement Page 11 06/08 • 30% Claims Negotiation, Hospital Bill Audit, and Repricing Services, as outlined in Section 4 (d) of the Agreement, and k(viii) of Exhibit B. $ 0 Bank account reconciliation fees ""' $ 0 Other bank fees N/C Summary Plan Description —Initial SPD production Summary Plan Description—Subsequent SPD production $1,000 First Document $250 Additional Document(s) (per document) $125 Amendment only $500 Amendment and incorporation into current Summary Plan Description Cost + 20% Coordination of SPD printing services. Accept Decline ❑ ❑ $ 0.50 PEPM for consolidated billing of other insurance coverage Annual Fee. The Plan Sponsor shall pay an annual fee of $ 0 for services to the Plan, including accumulation and 1099 reporting of Plan payments, filing of insurance claims with the Plan Sponsor's excess loss insurer, recording benefits and changes in automated benefit system, billing and remitting premium to insurance carriers for coverage in connection with the Plan and providing information for reporting on IRS Form 5500 (as to which the Plan Sponsor acknowledges and agrees that HMA will provide only the information available to HMA relating to Plan participants during the term of this Agreement, and that the Plan Sponsor is responsible for combining that information with data from other payers). Commissions: Commissions Payable on Excess Loss Insurance Premium: 00% HMA 00% Broker Additional Information Concerning Our Fees: HMA, Inc. works with, and is appointed by, many excess loss carriers. Our administrative charges are unaffected by the carrier with whom you elect to purchase excess loss coverage. HMA also participates in excess loss carrier override programs with a few of the carriers. These programs provide professional benefit administrators, and brokers and consultants to group health plans, with reimbursements for retention, volume, growth, profitability or other factors pursuant to agreements in force with that carrier relating to all or part of the business. This will vary from carrier to carrier, and will not affect the carrier choices made available to you. Additionally, any reimbursements retained by Healthcare Management Administrators, Inc. are used to cover expenses associated with administering the group health plans with that carrier. There is no way for HMA to project what reimbursements, if any, it will receive during 2009; however, they typically range from 0% to 6%. We will be pleased to discuss with you further details of any contingent compensation agreements pertinent to your placement upon your request. The aforementioned fees and commissions shall remain in effect beyond the above-stated term until changed by mutual agreement of the parties. HMA, Inc.TPA Agreement Page 12 06/08 *Rate guarantee for contracted time period applies only to services performed by HMA. Fees 'true for outside vendors are subject to change at any time. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the respective dates set forth below, effective as of the day and year first above written. R.L. Evans Company By: Name: Title: Date: City of Renton Healthcare Management Administrators, Inc. By: By: Name: Name: Clay Ellis Title: Title: Sr. Vice President, COO Date: Date: 'kiirrr "fir✓ HMA, Inc. TPA Agreement Page 13 06/08 EXHIBIT B SERVICES PROVIDED BY HMA Neriol 1. HMA, within the scope of its duties under this Agreement, shall provide services for and shall assist the Plan Administrator in the administration of the Plan pursuant to the terms and conditions of the Plan as requested and authorized from time to time. Upon request, HMA shall prepare a Summary Plan Description (SPD) setting forth the benefits and rights of the Plan Participants. Final review and approval of the SPD will be the responsibility of the Plan Sponsor. An additional fee will be charged for the production of an SPD coinciding with the renewal of the Plan. 2. Prepare and assist the Plan Administrator in distributing benefit booklets to the Plan Participants. Initial booklet supply is not included as a part of the Plan set-up fee. Subsequent supplies are also at the Plan Sponsor's cost. 3. Assist the Plan Administrator in communicating to Participants any and all subsequent changes to the Plan. 4. Subject to the provisions of Section 2 of this Agreement, HMA agrees to provide the following claims processing and payment services, including, but not limited to: (a) Answer all telephone inquiries from employees of Plan Sponsor regarding eligibility and coverage under the Plan, and respond to requests for forms and status inquiries on filed claims and benefit payments. HMA will provide adequate customer service representatives between the hours of 8:00 a.m. to 5:00 p.m. PST, Monday thru Thursday and 9:00 a.m. to 5:00 p.m. PST on Friday's, during non-holiday workweeks. (b) Receive and process claims for payment of covered benefits for Plan Participants in accordance with the provisions of the Plan, for claims incurred on and after the Effective Date of this Agreement. (c) Communicate with Plan Participants and health care providers as necessary to obtain any additional information deemed necessary to expedite the processing of claims for benefits under the Plan. (d) Request and obtain from the Plan Administrator, as necessary, interpretations with respect to the provisions of the Plan and all questions of substance and procedure relating thereto. (e) Issue and distribute claims checks to Participants, from funds provided by the Plan Sponsor, and provide appropriate Explanation of Benefit forms ("EOB's") to Plan Participants and health care providers, as applicable, in connection therewith. Should any payment to either the participant or provider remain unclaimed or uncashed, six months following the date of initial issuance, the funds intended for payment of the claim or voucher shall be forfeited and returned to the Plan Sponsor to be used for the sole benefit of Plan Participants. (f) Provide written notice to a Plan Participant of any denial of a claim, in whole or in part, which includes the specific reason(s) for such denial and the opportunity for review of the denial. (g) Provide the Plan Sponsor forms for use by Plan Participants in submitting claims to HMA. HMA, Inc.TPA Agreement Page 14 06/08 (h) Provide for the coordination of benefits, subrogation collection activities, and collection of overpayments or improper payments made to any Participants, as reasonably possible. In the event that additional recovery services are needed, HMA, subject to the approval `w+'' of the Plan Sponsor, shall arrange for the purchase of such recovery services. Any fees charged to HMA for recovery services will be passed on to the Company for payment. (i) Screen claims to avoid duplicate payments and maintain procedures that will assure consistency in claims payments in accordance with the Plan. (j) Prepare such reports concerning Plan Participants' benefits as the Plan Sponsor, the Plan Administrator and HMA may hereafter agree upon. (k) If a fee is stated and accepted on the "Schedule of Fees" page for: (i) "COBRA administration," HMA will notify Participants of COBRA continuation coverage rights upon the occurrence of a qualifying event, as required by COBRA, as well as responsibility for calculation and collection of premiums for continuation coverage. All notices shall be made by U.S. First Class Mail to the individual's last known address. Plan Participants will be instructed on procedures for COBRA premium remittance. Upon receipt, HMA will update the Plan Sponsor's COBRA records; (ii) "HIPAA pre-existing conditions compliance administration," HMA will reprogram the system to administer and document compliance activity and accommodate changes in pre-existing condition periods; receive incoming Certificates of Creditable Coverage; calculate the pre-existing condition period, in days, based upon creditable coverage; communicate balance, in days, of any remaining pre-existing condition period to new Plan Participants; mail the"Notice Now to Individual of Period of Pre-existing Condition Exclusion;" report compliance activity to clients, excess loss carriers, and/or U.S. Department of Labor upon request; and assist in the investigation and determination by the Plan Administrator of disputed calculation of pre-existing period; (iii) "HIPAA certificates of creditable coverage administration," HMA will mail certificates to the last recorded address of a Plan Participant within 14 days of notification of termination from the Plan, or, upon request, for up to 24 months after termination; (iv) "Administration of the Utilization Management Program," HMA will provide pre--authorization services in compliance with the Plan, screen claims for medical necessity and assist in making pre-existing condition determinations; (v) "Administration of Large Case Management," HMA will screen catastrophic and potentially high-dollar claims, assign length of stay and monitor admissions, promote appropriate patient care and optimize benefits usage. (vi) "Excess Loss carrier consultation," HMA will prepare a Request for Proposal ("RFP"), send to a selection of Excess Loss carriers, analyze the responses and provide the Plan with a detailed report and recommendations. In addition, HMA will negotiate with the selected Excess Loss carrier on the Plan's behalf as necessary (vii) "Administration of the Total Health Management Program," HMA will provide a Total Health Management Program consisting of disease management, 1%se including predictive modeling, education, monitoring and lifestyle coaching; a 24- hour care line, in which Participants will have access to a health information HMA, Inc.TPA Agreement Page 15 06/08 411. library and the ability to speak with a Registered Nurse for counseling or advise; high-risk claim analysis to assist in the early identification of potential high dollar claims and enable proactive case management support; and web based tools, for Participants to obtain wellness and prevention information, physician and pharmacy support, a health risk assessment and disease management referral capability. (viii) "Administration of "Tomorrow's Child" Maternity Newborn Program," HMA will provide risk assessment, education and ongoing monitors for mothers to be in effort of improving the outcomes and reducing costs associated with complicated pregnancies and premature births. (ix) "Claims Negotiation, Hospital Bill Audit, and Repricing Services" HMA will conduct a Hospital Bill Audit on all In Network hospital bills that meet our threshold for review. Each In Network Hospital bill selected for audit will be carefully scrutinized to eliminate duplicate and/or non-allowable charges. We will provide access to repricing services for Out of Network claims, as well as fee reduction negotiation services for Out of Network claims that cannot be repriced. HMA's Medical Management Department will conduct a Hospital Bill Audit on all Out of Network hospital bills that meet our threshold for review. All other Out of Network provider or facility claims will be immediately forwarded to a third party vendor who will attempt to reprice and discount each claim, or in the event that repricing is not available, engage in fee reduction negotiations. In those cases where no savings can be obtained by repricing or negotiation, the claim will be paid at the plan's normal Out of Network benefit level according to the plan provisions. There will be no cost for the provision and coordination of this service for claims Nutil that experience no repricing or negotiated savings (x) Claims Processing — Run-in Claims. Run-in Claims Processed Prior to Completion of Documents. (Check here if this service is desired.)The Plan Administrator desires that HMA begin performance under this Agreement, including, but not limited to, processing claims for benefits in accordance with Exhibit B, prior to completion and execution of the SPD. HMA agrees to do so, and such claims shall be processed in accordance with the Plan Sponsor's prior health plan, or instructions given by the Plan Sponsor to HMA as to the benefits to be offered under the Plan, as determined by the Plan Sponsor. The Plan Sponsor hereby acknowledges that any claims which require reprocessing as a result of changes between the prior health plan or the Plan Sponsor's instructions and the executed SPD will be subject to an additional reprocessing fee at HMA's discretion. The Plan Sponsor further acknowledges that claims which are paid pursuant to the prior health plan or the Plan Sponsor's instructions may be determined to be ineligible for reimbursement pursuant to any excess loss policy. 6. HMA shall coordinate approval of claims under the Plan and arrange for the payment thereof from funds available to the Plan either by issuing a check or draft upon the Plan bank account, if such account is provided for this purpose, or by written order and authorization delivered to the Plan Administrator or other person authorized to issue such check or draft in payment of claims. HMA shall honor any assignment of benefits of a person eligible for benefits under Plan to any person or institution, which is a proper and qualified assignee under the terms of the Plan. HMA, Inc.TPA Agreement Page 16 06/08 7. HMA shall pay from the Plan bank account, if provided, or shall issue an order to the Plan Administrator or other person with authority to disburse funds of the Plan to pay, all of the expenses of operation of the Plan incurred pursuant to the performance of this Agreement Nap (excluding Plan administration fees unless specifically authorized). 8. HMA, subject to the direction by, and approval of, the Plan Sponsor, shall arrange for the purchase of policies of insurance to provide any of the benefits provided for in this Agreement, the Plan, or the Trust (if any). The Plan Sponsor shall pay all premiums for policies of stop-loss or individual and aggregate excess risk or similar type of insurance. 9. HMA, where applicable, shall furnish the "Schedule C" information necessary for the preparation of IRS Form 5500. HMA shall not be required to assist the Plan Sponsor or the Plan Administrator in the preparation or filing of any report, returns, tax returns, or similar papers required by any local political subdivision, state or the Federal government pertaining to the operation or management of the Plan. If necessary, professional fees for preparing government required forms and/ or auditing of the Plan shall be the responsibility of the Plan Sponsor. 10. HMA shall render monthly reports to the Plan Sponsor which shall include the following: (a) Receipts of the Plan other than deposits made by the Plan Sponsor from its own funds or from collections from employees; (b) Disbursements, by category, made from the Plan; (c) A statement of the fees due HMA. 11. HMA shall maintain and pay the cost of a fidelity bond in the amount of not less than One Hundred Thousand Dollars ($100,000.00) and an errors and omissions insurance policy in the amount of not less than One Million Dollars ($1,000,000.00) covering HMA and any of its agents or employees who may collect, disburse, or otherwise handle disbursements or payments on behalf of the Plan. 12. HMA shall maintain all records relating to the investigation, processing, and payment of all claims for benefits for a period of not less than six (6) years from the date of the claim for benefits. Upon termination of this Agreement, these records may be transferred to the Plan Sponsor or other person or entity, at the Plan Sponsor's request. 13. The Plan Sponsor, the Plan Administrator or their agents or representatives may examine any records maintained by HMA regarding claims for benefit payments, benefits paid and the issuing of checks for payment of benefits under the Plan. 14. HMA shall maintain books of account and supporting documents according to generally accepted accounting principles as promulgated by the Financial Accounting Standards Board. HMA agrees that the Plan Sponsor, the Plan Administrator or their agents or representatives may inspect and audit its claims records relevant to the Plan at any time upon giving to HMA sixty (60) days' prior written notice of its desire to do so. Audits may be conducted by the Plan Sponsor's or Plan Administrator's audit staff or by an independent contractor employed at the Plan Sponsor's expense, which may be either a certified public accountant or otherwise professional qualified to perform such auditing services. lorre HMA, Inc.TPA Agreement Page 17 06/08 CITY OF RENTON COUNCIL AGENDA BILL AI#: 4,r submitting Data: For Agenda of: Dec. 1, 2008fff Dept/Div/Board.. Human Resources & Risk Management Dept. Staff Contact Nancy Carlson, Administrator Agenda Status X7656 Consent x Subject: Public Hearing.. Contract renewal for the City's health care broker, Correspondence.. R.L. Evans Co. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Contract for 2009-2010 Information Recommended Action: Approvals: Council concur Legal Dept x Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted $47,500 for 2009 Revenue Generated $50,000 for 2010 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The current healthcare broker agreement with RL Evans Company will expire on December 31, 2008. The new contract will extend the Agreement through December 31, 2010, with an annual increase in cost. STAFF RECOMMENDATION: Approve the renewed agreement with healthcare broker RL Evans Company, for 2009 through 2010, and authorize the Mayor and City Clerk to sign the Agreement. H:\HR RM\AGENDA&ISSUE PAPERS\Agenda Bills\RL Evans contract extension Agnbill.doe r ti`sY O HUMAN RESOURCES/ ;i * �- ® ♦ RISK MANAGEMENT DEPARTMENT ``‘'- N T MEMORANDUM DATE: November 21, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: ' Denis Law, Mayor FROM: Nancy Carlson, Administrats STAFF CONTACT: Terri Shuhart, HR Benefits Analyst SUBJECT: RL Evans Company— Contract Extension Staff recommends the employee benefits consultant agreement with the RL Evans Company be extended through December 31, 2010. Currently the Agreement will expire December 31, 2008. Mr. Evans has proposed an extension for a two-year period with an annual increase to the cost of the program. Actual charges are reduced by any commissions received by the ` "' Company. Because of the offsets in the fully insured supplemental coverage (life and disability insurance) we do not anticipate a net increase. Staff has an excellent working relationship with Mr. Evans and his efforts on the City's behalf are well received by all of our Labor Union representatives. The extension will also allow stability. If you have any questions about our recommendation, please contact Terri Shuhart at 425-430-7659. '41400- H:\HR RM\AGENDA&ISSUE PAPERS\Issue Papers\Healthcare broker contract 2009-2010.doc BROKER AGREEMENT THIS AGREEMENT, made and entered into on this day of , 2008, by and between the CITY OF RENTON, Renton, Washington, a municipal corporation hereinafter called the "CITY" and R. L. EVANS COMPANY, INC., Seattle, Washington, hereinafter called the "BROKER." I. RECITALS WHEREAS, the CITY desires to obtain professional insurance brokerage services and certain administrative services on a contract basis; and WHEREAS, the BROKER has been selected to advise the CITY on its insurance needs and procure insurance on its behalf; and WHEREAS, the BROKER has represented, and by entering into this Agreement now represents, that it is a licensed Life and Health Insurance Broker in the State of Washington, that all personnel assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to BROKER to staff this Agreement, and WHEREAS, the BROKER has indicated that it desires to do the work set forth in the Agreement uphold the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties agree as follows: II. TERM The CITY does hereby contract with BROKER to provide professional insurance brokerage services and certain administrative services as hereinafter provided for a period of two (2) years commencing on January 1, 2009, and terminating on December 31, 2010. BROKER hereby accepts said contract and agrees to perform all work and services in accordance with the terms and conditions hereof. BROKER is hereby appointed as the CITY's exclusive Broker of Record for the two (2) year period for all forms of life and health insurance required by CITY with the exception of property and casualty coverage. III. SCOPE OF SERVICES The BROKER shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion Page 1 of 10 of the work described in Exhibit A. Scope of Services, which is attached hereto and incorporated into this Agreement as though fully set forth herein. BROKER shall submit firm quotations to CITY's Human Resources and Risk Management Administrator at least forty-five (45) days prior to expiration of existing insurance, provided, however, that the CITY may waive such forty-five (45) day notice in the event the BROKER can demonstrate to the satisfaction of CITY's Human Resources and Risk Management Administrator that there exists extenuating circumstances which preclude or make undesirable such forty-five (45) day notice. Whenever market conditions deem it necessary, or when requested by the City, the BROKER shall obtain at least two (2) quotations on each separate insurance item or layer of insurance, including pharmacy benefit managers (PBMs), third party administrators (TPAs), preferred provider organizations (PPOs), and utilization review services (URs). The BROKER shall make a good faith effort to give notice to the CITY of all favorable or unfavorable market developments which might affect CITY's access to insurance at prices deemed affordable by the CITY's Human Resources and Risk Management Administrator. Annually, no later than September 1st of each year, the BROKER will provide, in writing, BROKER's best-guess estimates for the renewal premium costs of all the CITY's insurance policies to provide guidance to the CITY for future budgeting purposes. It is understood that, from time to time, the BROKER shall be requested by the CITY to Now obtain insurance quotations on certain items not contained in Exhibit A. Scope of Services. At the CITY's request, the BROKER shall include the Human Resources and Risk Management Administrator in negotiations with underwriters involving placement of all of the CITY's insurance programs. It is intended that BROKER will utilize insurers that will have a Best rating of A, as well as an acceptable financial category of XII or higher. Any exceptions need approval of the Human Resources and Risk Management Administrator. For all insurance quotations, the BROKER will apprise the Human Resources and Risk Management Administrator of the company's Best rating. It is further agreed and understood that the duties of the BROKER's account team shall be as described in Exhibit B. Account Team Responsibilities, which is attached hereto and incorporated into this Agreement as though fully set forth herein. IV. ADDITIONAL RESPONSIBILITIES The CITY will furnish the BROKER with information that will facilitate procurement of insurance quotations in a timely manner. All written material, including documents, charts, graphs, memoranda, etc., furnished by the BROKER to the CITY shall be printed on recycled paper whenever practicable. Use err Page 2 of 10 of the closing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of recycled paper, as Nod feasible. V. EXTRA SERVICES The CITY may desire to have the BROKER perform or render services in addition to or other than services provided for by the expressed intent of the Scope of Services. Such service will be considered as Extra Services and must have the prior approval of the Human Resources and Risk Management Administrator. Any dispute as to whether services are Extra Services or services already covered under this Agreement shall be resolved before the work is undertaken. Performance of the service by the BROKER prior to resolution of any such dispute shall waive any claim by the BROKER for compensation as Extra Services. VI. BROKER's FEES AND PAYMENT The CITY shall compensate the BROKER for insurance brokerage services pursuant to this Agreement as follows: For services rendered under the first year of this Agreement (2009) payment shall be $47,500. For services rendered during the second year of this Agreement (2010)payment shall be $50,000. Prior to the beginning of each year, BROKER will estimate the amount of any commissions* that are expected to be received during the coming year. This amount will be *N deducted from the annual fee and the remaining amount will be billed on a monthly basis either by the BROKER or the TPA. At year end, BROKER shall list sources and amounts of commissions, where applicable, and provide an accounting of any under/over payment relative to the stated fee. Any amounts owed or owing will be billed or remitted to the CITY. *In the interest offull disclosure, the R.L.Evans Company may qualify for contingency bonuses from insurance companies with whom we do business. These amounts are typically earned based on factors that are not client-specific,such as the volume or performance of the agency's overall business with an insurer. Payment of contingent commissions are NOT guaranteed and are usually calculated several months after year end. Because we have little control over these payments, they are often relatively small, and are typically calculated in April or May of the following year,we do not offset these payments against the fees we receive for ongoing brokerage services. Upon request we can provide a detail listing of all contingency commissions received for the prior year. The BROKER shall obtain insurance quotations exclusive of commissions or fees where possible on all insurance items covered in this Agreement. On matters in which it is not in the best interest of the CITY, for a line of coverage to be issued net of commission, the BROKER shall make full disclosure of any and all commissions to CITY. No coverage shall be issued inclusive of commission without prior approval of CITY. Page 3 of 10 VII. NONDISCRIMINATION The BROKER agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age, sexual orientation or handicap for a bona fide occupation qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination; rates of pay or other forms of compensation; selection for training; rendition of services. The BROKER understands and agrees that if it violates this Non-Discrimination provision, this Agreement may be terminated by the CITY and further that the BROKER shall be barred from performing any services for the CITY now or in the future, unless a showing is made satisfactory to the CITY that discriminatory practices have terminated and that recurrence of such action is unlikely. If during the time period of this Agreement, the BROKER finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the BROKER will actively solicit minorities through their advertisement and interview process. VIII. EMPLOYMENT The BROKER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the BROKER, to solicit or secure this Nitravi contract and that BROKER has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the BROKER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability, or at its sole discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the BROKER, while engaged in the performance of any work or services required by the BROKER under this Agreement, shall be considered employees of the BROKER only and not of the CITY and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the BROKER's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the BROKER. The BROKER shall not, without written consent of the CITY, engage on a full or part- time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the CITY except regularly retired employees or ex-employees who have not been employed by the CITY for a period of at least one year. Page 4 of 10 IX. TERMINATION OF AGREEMENT Noiri The CITY reserves the right to terminate this Agreement at any time upon not less than thirty (30) days written notice to the BROKER, subject to the CITY's obligation to pay BROKER in accordance with Section VI. Broker's Fees and Payment. In the event of the death of a member, partner or officer of the BROKER, or any of its supervisory personnel assigned to the project, the surviving members of the BROKER hereby agree to complete the work under the terms of this Agreement, if requested to do so by the CITY. This section shall not be a bar to renegotiations of this Agreement between surviving members of the BROKER and the CITY, if the CITY so chooses. In the event of death, termination, resignation or discharge of any partner or officer of the BROKER, or any of its supervisory personnel assigned to the project, the CITY reserves the right to terminate this Agreement within thirty (30) days of receipt of written notice of the personnel change. X. VENUE In the event that the CITY or the BROKER is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. `od XI. LEGAL RELATIONS The BROKER shall comply with' all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The BROKER agrees to indemnify, defend and hold the CITY and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the BROKER's negligence or breach of any of its obligations under this Agreement provided that nothing herein shall require the BROKER to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the BROKER's agents or employees and (b) the CITY, its agents, officers and employees, this indemnity provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the BROKER's negligence or the negligence of the BROKER's agents or employees except as limited below. The BROKER shall secure commercial general liability, business automobile liability, and professional liability coverage in the amount of one million ($1,000,000) dollars, Page 5 of 10 i unless waived or reduced by the CITY. The BROKER shall submit a completed City of ,or,,. Renton Insurance Information Form, and the BROKER shall furnish copies of the declaration pages of relevant insurance policies to the CITY prior to execution of this Agreement. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the BROKER shall be in a form, and underwritten by a company, acceptable to the CITY. The CITY requires carriers to have minimum A.M. Best rating of A XII. The BROKER shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty-five (45) days written notice shall be given to the CITY prior to the cancellation or modification of any policy. The BROKER shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license, and any required state license, certification or registration while conducting work for the CITY. The BROKER's relation to the CITY shall be at all times as an independent contractor. XII. SUBLETTING OR ASSIGNING OF CONTRACTS The BROKER shall not sublet or assign any of the work covered by this Agreement without the express consent of the CITY. XIII. COMPLETE AGREEMENT Now This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. Page 6 of 10 Anionomuir IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Noid R. L. EVANS COMPANY, INC. CITY OF RENTON By Signature Signature Douglas Evans, President Denis Law, Mayor ATTEST: By Signature Print Name and Title APPROVED TO AS LEGAL FORM: By Signature Print Name and Title Page 7 of 10 EXHIBIT A. SCOPE OF SERVICES EMPLOYEE BENEFITS The Scope of Services for this contract includes the following coverages or programs: Group Life Individual Stop Loss Group AD&D Aggregate Stop Loss Dependent Life Third Party Administrative (TPA) Services Medical Preferred Provider Organization(PPO) Dental Utilization Review Services(UR) Vision HMO (Group Health Coop) Wellness Long Term Disability(LTD) Prescription Drug Program IRS Section 125 Medical Reimbursement Plan The following are representative of the basic services the BROKER will provide with respect to the CITY's employee benefit plans: 1. Current Plan Review • Review in-force contracts, plans,benefit design • Review funding agreements • Review claims data and plan benefit design • Assist with renewal contract negotiations Nose 2. Bidding the In-Force Lines of Coverage • Prepare bid specifications for underwriters • Research insurance markets on CITY's (Plan Sponsor's)behalf • Review alternative funding options available • Analyze proposals and make recommendations 3. Plan Administration • Evaluate current/prospective TPA's • Assist with billing and eligibility problems • Assist with plan installation • Monitor TPA for compliance with contract terms 4. Benefit Communication • Plan and organize employee meetings • Develop benefit summaries • Assist with preparation of Summary Plan Descriptions Page 8 of 10 5. Assist the CITY (Plan Sponsor)to Comply with Federal Laws Impacting Benefit Plans • COBRA compliance • ADA compliance • TEFRA compliance • HIPAA compliance 6. Other Services • Act as an advocate of the employees and CITY in resolving difficult claims and administrative problems • Provide detailed annual financial accountings • Develop and maintain a standard data management information reporting system • Review and analyze claims data and make recommendations • Review industry trends and advise the CITY • Assist the CITY in strategic benefit planning • Counsel each CITY Retiree of the various medical benefit plans available in the marketplace • Other special projects agreed to between the CITY and BROKER Page 9 of 10 F EXHIBIT B. ACCOUNT TEAM RESPONSIBILITIES Now, The BROKER's Account Team for the City of Renton will consist of: Douglas Evans supported by: Pamela Arwood It is the Account Team's responsibility, under the direction of the officer-in-charge, to perform the following functions in conjunction with providing services described in Exhibit A. Scope of Services. A. When requested, prepare a report identifying prospective insurers, claims administrators and cost containment firms for the CITY's employee benefit plans. B. Assist the CITY in preparing underwriting information and specifications for renewal quotations. C. Obtain quotations from insurance carriers and third party administrators and negotiate the best rates and coverage for the CITY's employee benefit plans. D. Evaluate the commitment and financial stability of the insurers, administrators, preferred provider and utilization review organizations. E. Service existing insurance policies by assisting the CITY in the filing and collection of claims, review coverage issues, and process policy and other changes as required, "'t'' in a timely manner. F. Meet, at least quarterly and as desired, with CITY representatives to discuss claims experience, large claim management, administration service, cost containment effectiveness, benefit design, new programs and other employee benefit plan issues and problems. G. Analyze the CITY's employee benefit plans and give plan options and recommendations for changes. H. Provide an annual report including a schedule of the plans, coverage limits and provisions, premiums, claims experience for the prior policy year and make recommendations for changes to the CITY's employee benefit plans. I. Provide service for day-to-day contact on employee benefit issues. J. Work with CITY representatives to maintain a viable and cost effective self-insurance program. K. Provide other services that are normally and customarily required of an insurance broker for a municipality like the City of Renton. Page 10 of 10 41111111.101, I CITY OF RENTON COUNCIL AGENDA BILL I AI#: (P.*"(okil r�Submitting Data: For Agenda of: Dept/Div/Board.. Human Resources/ Risk December 1, 2008 Management Staff Contact Nancy Carlson Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Position Reclassifications effective January 2009. Ordinance Resolution Old Business Exhibits: New Business Study Sessions Issue Paper, Fiscal Costs, and proposed Classification Information Specification. Recommended Action: Approvals: Legal Dept X Refer to Finance Committee Finance Dept X Other Fiscal Impact: Expenditure Required... $31,728 additional cost Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Current New Budget Current and Proposed Titles Grade Grade Change 2009 Lead Office Assistant reclassified to Recreation Systems a08 a09 $1,188 Technician(and Premium Pay eliminated) Office Assistant III reclassified to Recreation Systems a05 a09 $2,280 Technician Recreation Program Coordinator (2 incumbents) alb m23 $11,472 reclassified to Recreation Supervisor Eliminate Recreation Specialist II (6 incumbents)and al 4 alb $16,788 reclassify to Recreation Program Coordinator Eliminate Desktop Publishing Operator and reclassify to al2 al2 N/A Communication Specialist I Expenditure Required $31,728 STAFF RECOMMENDATION: Approve salary adjustments for current employees only. Funds to implement this recommendation are available within the 2009 budget, which will cover the additional costs of these reclassifications and salary adjustments in 2009. Rentonnet/agnbill/ bh ti`S O HUMAN RESOURCES/ �,.. 0 ® + RISK MANAGEMENT DEPARTMENT MEMORANDUM DATE: November 10, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: pL Denis Law, Mayor FROM: Nancy A. Carlson, HR& RM Administrator STAFF CONTACT: Eileen Flott, HR Manager Janelle Tarasewicz, HR Analyst SUBJECT: 2009 Reclassification Adjustments BACKGROUND The purpose of this document is to provide an executive summary of the review process of certain positions. If approved, the recommended salary adjustments contained in this report New would be effective on January 1, 2009. The salary analysis affects positions in the Community and Economic Development, Community Services, and Public Works Departments. We processed eleven reviews during this period. We are recommending four for salary adjustment and one for classification change effective for January 2009. The result of this review process, if approved, will provide salary adjustments for ten employees. Salary adjustments are based upon internal equity. The cost of implementation during FY 2009 is approximately$31,728, excluding salary related benefits. If approved, the costs for the reclassifications will be absorbed by the 2009 budget. Recommendation by Department COMMUNITY AND ECONOMIC DEVELOPMENT Planning Technician I (Local 2170, grade a09): The duties and responsibilities have not changed significantly. It is our recommendation that the position remain in grade a09. COMMUNITY SERVICES DEPARTMENT Facilities Coordinator(Local 2170, grade a25): The duties and responsibilities have not changed significantly. It is our recommendation that the position remain in grade a25. Nancy A. Carlson Page 2 of 3 11/10/08 Community Center Coordinator(Non-Represented, grade m23): The duties and responsibilities have not changed significantly. Our recommendation is to retitle the position to Recreation 'wr►, Supervisor, remaining in grade m23. Desktop Publishing Operator(Local 2170, grade al2): The duties and responsibilities more closely match those of the Communication Specialist I classification. The incumbent develops public information materials, updates City web pages to provide information to citizens, and assists in developing long-term marketing plans for the Community Services Department. It is our recommendation to eliminate the Desktop Publishing Operator position and reclassify it to a Communication Specialist I position, remaining in grade a12. Lead Office Assistant (Local 2170, grade a08): The duties and responsibilities more closely match those of the newly created Recreation Systems Technician classification. The job title of Lead Office Assistant is not representative of the functions of the position because the incumbent's role is specific to the needs of recreation as opposed to a typical office environment. It is for this reason that our recommendation is to create a new classification entitled Recreation Systems Technician with a salary increase to grade a09. In addition, it is recommended that the incumbent's premium pay for the CLASS Software be removed since this function will now be included in the essential duties of the Recreation Systems Technician classification. Office Assistant III (Local 2170, grade a05): The duties and responsibilities more closely match those of the newly created Recreation Systems Technician classification. The job title of Office Assistant III is not representative of the functions of the position because the incumbent's role is specific to the needs of recreation as opposed to a typical office environment. It is for this reason that our recommendation is to create a new classification entitled Recreation Systems Technician with a salary increase to grade a09. Recreation Program Coordinator(Local 2170, grade al 8): There are currently four Recreation Program Coordinator incumbents. The duties and responsibilities have not changed significantly for two of these four incumbents. These incumbents oversee the Carco Theater and the Acquatics Center. It is our recommendation that these two incumbents remain in grade al 8. For the other two Recreation Program Coordinator incumbents, the duties and responsibilities more closely match those of the Recreation Supervisor classification. It is recommended to move these remaining two incumbents into the Recreation Supervisor position, with a salary increase to grade m23; this position is non-represented. Recreation Specialist II (Local 2170, grade a14): The duties and responsibilities have changed significantly and more closely match those of the Recreation Program Coordinator position. It is recommended to eliminate the Recreation Specialist II position and reclassify it to Recreation Program Coordinator, adjusting the salary to grade a18. Senior Services Coordinator(Non-Represented, grade m23): The duties and responsibilities have not changed significantly. Our recommendation is to retitle the position to Recreation Supervisor, remaining in grade m23. H:IHR_RMICLASSIFICATIOMWORKING FILESI2009 Reclassifications12009 Executive Summarv.doc i Nancy A. Carlson Page 3 of 3 11/10/08 PUBLIC WORKS DEPARTMENT Secretary II-Premium Pay (Local 2170,grade a07): The incumbent submitted a request for premium pay last year and it was determined at that point that the software application the incumbent uses was a function of their position, thus making them ineligible for premium pay. The incumbent submitted an appeal to have the Human Resources office reconsider the request. It is the final determination of the Human Resources office that the request for premium pay is not warranted, considering that the use of this type of software is a function of the position they are currently in. It is recommended that the position remain in grade a07 and is not eligible for premium pay. Administrative Secretary I (Local 2170, grade a09): The duties and responsibilities have not changed significantly. It is our recommendation that the position remain in grade a09. Now H:IHR_RMICLASSIFICATIONIWORKING FILESI2009 Reclassiicahonsl2009 Executive Summary.doc JANUARY 2009 GRAND TOTAL RECLASSIFICATION ADDITIONAL COSTS DEPARTMENTTOTALS' :: 02009 Base:':Sairy:Tokalls AJ LS FINANCE/INFORMATION SERVICES HUMAN RESOURCES&RISK MANAGEMENT COMMUNITY&ECONOMIC DEVELOPMENT $ - COMMUNITY SERVICES $ 31,728.00 PUBLIC WORKS $ - FIRE POLICE TOTALS $ 31,728.00 *All base salary information listed in this workbook are from 2008, excluding any salary adjustments that were bargained for 2009. 2009 Reclass-Anticipated Cost_for Council.xls GR_TOTALS Page 1 11/20/2008 JANUARY 2009 RECLASSIFICATION ADDITIONAL COSTS COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT Jan-Dec 09 Jan-Dec 09 2009 Additional EMPLOYEE CURRENT POSITION NOTES NEW POSITION&GRADE Before Re-class After Re-Class CPst Adrianna Johnson Planning Technician I $ 45,540.00 $ 45,540.00 $ - No change. CED GRAND TOTAL $ 45,540.00 $ 45,540.00 $ - 2009 Re -Anticipated Cost_for Council.xls CED Pe' ' ''/2008 JANUARY 2009 RECLASSIFICATION ADDITIONAL COSTS COMMUNITY SERVICES DEPARTMENT Jan Dec09 Jan.Dec 09 2009 Additional EMPLOYEE CURRENT POSITION NOTES „ NEW POSITION&GRADE Cost 1 Before"Re-class After Re-Class:, ADMINISTRATION $ $ TOTAL ADMINISTRATION $ • $ - $ FACILITIES Michael Nolan Facilities Coordinator $ 74,628.00 $ 74,628.00 $ No change. TOTAL FACILITIES $ 74,628.00 $ 74,628.00 $ GOLF COURSE TOTAL GOLF COURSE $ - $ $ HUMAN SERVICES TOTAL HUMAN SERVICES $ • $ - $ LIBRARY $ TOTAL LIBRARY $ • $ $ PARKS $ $ TOTAL PARKS $ - $ - $ 2009 Reclass-Anticipated Cost_for Council.xls Cmty_Svcs Page 3 11/20/2008 JANUARY 2009 RECLASSIFICATION ADDITIONAL COSTS COMMUNITY SERVICES DEPARTMENT Jan-Dec 09 Jan-Dec 09 2009 Additional EMPLOYEE CURRENT POSITION Cost NOTES NEW POSITION&GRADE :Before Re-class AfterRe-Class RECREATION Shirley Anderson Community Center Coordinator $ 72,012.00 $ 72,012.00 $ - Recreation Supervisor, no change in grade. Cynthia(Susie) Bressan Desktop Publishing Operator $ 54,132.00 $ 54,132.00 $ - Communication Specialist I, no change in grade. Lisa McMartin Lead Office Assistant $ 49,080.00 $ 50,268.00 $ 1,188.00 From a08E to a09E Recreation Systems Technician,grade a09. Ryan Spencer Office Assistant Ill $ 45,540.00 $ 47,820.00 $ 2,280.00 From a05E to a09D Recreation Systems Technician,grade a09. Andy O'Brien Recreation Program Coordinator $ 62,772.00 $ 68,508.00 $ 5,736.00 From a18E to m23D Recreation Supervisor,grade m23. Elizabeth Fast Recreation Program Coordinator $ 62,772.00 $ 68,508.00 $ 5,736.00 From al 8E to m23D Recreation Supervisor,grade m23. David Perkins Recreation Program Coordinator $ 62,772.00 $ 62,772.00 $ - No change. Vincent Orduna Recreation Program Coordinator $ 62,772.00 $ 62,772.00 $ - No change. Deborah Little Recreation Specialist II $ 56,904.00 $ 59,748.00 $ 2,844.00 From a14E to a18D Recreation Program Coordinator,grade 18. Donna Eken Recreation Specialist II $ 51,564.00 $ 54,132.00 $ 2,568.00 From a14C to a18B Recreation Program Coordinator,grade 18. Jennifer Spencer Recreation Specialist II $ 56,904.00 $ 59,748.00 $ 2,844.00 From a14E to a18D Recreation Program Coordinator,grade 18. Sean Claggett Recreation Specialist II $ 56,904.00 $ 59,748.00 $ 2,844.00 From a14E to a18D Recreation Program Coordinator,grade 18. Teresa Nishi Recreation Specialist II $ 56,904.00 $ 59,748.00 $ 2,844.00 From a14E to a18D Recreation Program Coordinator,grade 18. Tom Puthoff Recreation Specialist II $ 56,904.00 $ 59,748.00 $ 2,844.00 From a14E to a18D Recreation Program Coordinator,grade 18. Shawn Daly Senior Services Coordinator $ 72,012.00 $ 72,012.00 $ - Recreation Supervisor, no change in grade. TOTAL RECREATION $ 879,948.00 $ 911,676.00 $ 31,728.00 COMMUNITY SERVICES GRAND TOTAL $ 954,576.00 $ 986,304.00 $ 31,728.00 2009 Reck...., nticipated Cost_for Council.xls Cmty_Svcs Fes _ -20/2008 JANUARY 2009 RECLASSIFICATION ADDITIONAL COSTS PUBLIC WORKS DEPARTMENT EMPLOYEE CURRENT POSITION Jan-Dec 09 Jan-Dec 09 2009 Additional NOTES NEW POSITION&GRADE Before Re-class After Wiese Cost ADMINISTRATION TOTAL ADMINISTRATION $ $ - $ - MAINTENANCE $TOTAL MAINTENANCE $ - $ - $ - TRANSPORTATION Jennifer Jorgenson Secretary II $ 47,820.00 $ 47,820.00 $ - Appeal of premium pay. No change. $ TOTAL TRANSPORTATION $ 47,820.00 $ 47,820.00 $ - UTILITIES Teresa Phelan Administrative Secretary I $ 50,268.00 $ 50,268.00 $ - No change. TOTAL UTILITIES $ 50,268.00 $ 50,268.00 $ - PUBLIC WORKS GRAND TOTAL $ 98,088.00 $ 98,088.00 $ - 2009 Reclass-Anticipated Cost_for Council.xls Public_Works Page 5 11/20/2008 RENTON AHEAD OF THE CURVE CITY OF RENTON CLASS TITLE: RECREATION SYSTEMS TECHNICIAN BASIC FUNCTION: Under the direction of an assigned supervisor, perform a variety of complex and responsible clerical and office support duties in an assigned office; train and provide technical assistance to other office clerical personnel; prepare and maintain a variety of financial, statistical or narrative reports and records; maintain computer records and generate reports; receive and receipt fees and coordinate with the Finance and Information Services Department. REPRESENTATIVE DUTIES: * Perform a variety of complex and responsible clerical and office support duties in an assigned office; prioritize duties and assignments to assure efficient, smooth and timely office work flow. * Prepare, maintain, analyze, and distribute a variety of forms, documents, and reports, including checks and invoices. * Provide training, instruction and feedback to personnel in assigned work group; Now provide information to staff on procedural changes; schedule and assign tasks to ensure accomplishment of functions in a timely manner. * Operate numerous software programs with proficiency, including word processing, desktop publishing, spreadsheet, point of sale, inventory and maintenance management applications, and other recreation software. * Maintain recreation software, including program updates and compliance requirements issued from the Finance and Information Services Department; instruct and train City staff in the use of recreation software for facility booking, program registration, membership, and point of sale; assist in training and troubleshooting of the recreation software as needed. * Operate a variety of office equipment such as computer terminals, personal computers, typewriters, copiers, microfilm machines and communications equipment. * Serve as backup for setting up recreation equipment for staff as requested for various meeting and functions. Instruct staff in the use of equipment as needed. * Receive and receipt recreation fees; prepare bank deposit and finance posting forms; coordinate with the Finance& Information Services Department as needed. Recreation Systems Technician- Continued Page 2 * Maintain a variety of financial reports and statistical data related to the recreation operations; collect and compile periodic reports and perform special projects; maintain records of recreation activities, customer comments and statistical data; locate material and information in records and files as required. * Perform lead duties and provide technical expertise concerning office functions, procedures and regulations. Assist in selecting new clerical personnel; train new employees and provide input regarding work performance and progress as requested. * Type correspondence, memoranda, reports, requisitions, forms and other documents, including correspondence of a confidential nature; compose letters independently or from oral instructions requesting or providing information; proofread and edit written materials as required; operate word processing equipment to enter data and generate letters,records and reports. Answer telephones and greet office visitors; provide information and assistance to callers; take messages or refer calls or visitors to appropriate personnel; receive, sort and distribute incoming mail. Provide information and services to other City departments and personnel, various outside agencies and organizations and the general public; explain programs, activities, policies and procedures within scope of authority; provide information of a general or limited technical nature. Compile, collate and duplicate information; package and distribute completed copies. Proofread various written materials such as reports, letters and contracts; type forms,letters and reports as required. Assist supervisor, department personnel and other clerical staff as required. Operate standard office equipment and machinery such as typewriters, calculators, FAX machines and copiers. Order and maintain adequate stocks of office supplies as assigned. Train and provide work direction to others as assigned. Perform related duties as assigned. *Denotes an essential function. Recreation Systems Technician- Continued Page 3 44410, KNOWLEDGE AND ABILITIES KNOWLEDGE OF: • Principles of training and providing work direction. • Current office practices,procedures and equipment. • Oral and written communication skills. • Courteous interpersonal skills. • City organization, operations,policies and objectives. • Basic research methods. • Laws, rules and regulations related to assigned activities. • Financial and statistical record-keeping techniques. • Operation of office machines including computer equipment. • Record-keeping techniques. • Correct English usage, grammar, spelling,punctuation and vocabulary. • Telephone techniques and etiquette. • Interpersonal skills using tact, patience and courtesy. ABILITY TO: • Schedule and distribute workload; train and provide work direction to others. • Establish and maintain cooperative and effective working relationships with others. ___ • Communicate effectively both orally and in writing. • Maintain records and prepare reports. • Operate terminal and personal computer, including spreadsheet, word processing and graphics software. • Perform complex and responsible clerical and office support duties. • Determine appropriate action within clearly defined guidelines. • Apply and explain policies,procedures, rules and regulations. • Operate a computer terminal to enter data,maintain records and generate reports. • Understand and work within scope of authority. • Train and provide work direction to others as assigned. • Answer telephones and greet the public courteously. • Operate office equipment such as typewriters, calculators and copiers. • Understand and follow oral and written direction. EDUCATION AND EXPERIENCE: Any combination equivalent to: graduation from high school including or supplemented by secretarial, business or office practices courses and three years of increasingly responsible office clerical experience involving financial record-keeping. *444✓ Recreation Systems Technician- Continued Page 4 LICENSES AND OTHER REQUIREMENTS: Some positions may require a valid Washington State driver's license. WORKING CONDITIONS: Work is performed in an office environment. Established Date:January 2009 Revised:N/A Original Title:N/A FLSA Status:Non-Exempt Bargaining Unit:AFSCME CITY OF RENTON COUNCIL AGENDA BILL AI#: 1p o Se Submitting Data: Public Works Department For Agenda of: New Dept/Div/Board.. Transportation Systems Division December 1, 2008 Staff Contact Nathan Jones, Transportation Agenda Status Planner (Extension 7217) Consent X Subject: Public Hearing.. Correspondence.. King County Metro/City of Renton Transit Now Ordinance Route 110 Transit Service Partnership Resolution X Exhibits: Old Business Issue Paper New business X Resolution Study Sessions KC Metro Route 110 Partnership Agreement Information 2009-2014 TIP Sheet - Transit Program#12706 King County Draft Cancellation Letter Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Fiscal Impact: (317.12706) Expenditure Required... $199,744 (2010) Transfer/Amendment... Amount Budgeted $275,000 (2010)* Revenue Generated... Total Project Budget $275,000 (2010) City Share Total Project $199,743.57 (2010) SUMMARY OF ACTION: Description: In 2010, this agreement provides funding to extend weekday 30 minute service between the hours of 9:00 a.m. to 3:00 p.m. by adding 25 daily additional trips to serve larger Renton employment sites and attractions within Renton. It also extends the route in the south to SW 27th Street and extends the service to Gene Coulon Park in the north. Benefits: This proposal addresses the need for midday, off-peak service to large employment sites and attractions in Renton. By adding 5,850 annual platform hours, this route will maintain 30-minute service throughout the day, gain 11 riders per hour and 62,800 riders annually by the fifth year of the partnership. Total Cost (Year 1): $599,230.71 (2/3 KC Metro + 1/3 Renton). Partner(s) Portion of Cost (Year 1): $199,743.57 The agreement is for five years so the total cost to Renton is $998,717.85. * Budget note: Starting in 2010, $275,000 per year is programmed into the Transit Program (project 12706). Approximately$75,000 per year of this is used for Route 153, another partnership. Of the $275,000 in that program, $150,000 is from the General Fund with the remainder from Fund 317. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into the KC Metro Route 110 Partnership Agreement with King County Metro Transit. C:\DOCUME-1\BWalton\LOCALS—I\Temp\TN_110_AGENDA BILL.doc Now* * ® PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: November 24, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: -'_,Denis Law, Mayor FROM: Gregg Zimmerm4 dministrator STAFF CONTACT: Nathan Jones, Transportation Planner (extension 7217) SUBJECT: King County Metro/City of Renton Transit Now Route 110 Transit Service Partnership ISSUE: Should Council authorize the Mayor and City Clerk to enter into an agreement with King County (KC) Metro Transit to enhance transit services on KC Metro Route 110? 'erne RECOMMENDATION: Authorize the Mayor and City Clerk to enter into the KC Metro Route 110 Partnership Agreement with King County Metro Transit. BACKGROUND: The voter-approved KC Metro Transit Now program provides funding to expand transit routes in communities via financial partnerships between public and/or private entities and KC Metro. KC Metro will provide funding for service hour increases at a 2:1 ratio. KC Metro Transit Route 110 is a peak-hour weekday only service connecting the commuter rail station and vicinity in southwest Renton to Downtown Renton and major employment sites in North Renton. A map showing the route is attached. Service runs about every 30 minutes during the morning and afternoon"rush hours." Currently, there are 170 daily riders (43,180/year) and annual baseline platform service hours are 3,877. Beginning in 2010,the proposed partnership would fund extending weekday 30 minute service between the hours of 9:00 a.m. and 3:00 p.m., adding 25 new daily trips (adding 5,850 annual platform hours). Marcie Palmer,Council President Members of the Renton City Council Page 2 of 2 November 24,2008 This service enhancement will provide employees of larger Renton employers' sites located along Lind Avenue SW such as Providence, the Federal Reserve Bank, The Boeing Company, Wizards of the Coast, Honeywell, and others, with a midday transit connection with 30 minute service throughout the day. It is estimated this proposal will yield 11 new riders per hour and 62,800 new riders annually by the fifth year. The total cost for the first year of the service will be $599,230.71. KC Metro will cover two- thirds of this cost with the remaining third, $199,743.57, covered by Renton. The agreement is for five years. The total cost to Renton is $998,717.85. There is $275,000 programmed in the Transit Program in 2010 per the 2009-2014 TIP. $150,000 from the General Fund was preserved specifically for a future partnership (the 110) with KC Metro. The remaining funding ($125,000) is from Fund 317. Of the $275,000 in the Transit Program in 2010, approximately $75,000 annually is committed to a partnership with the City of Kent and King County Metro Transit for implementation of a Route 153 service enhancement (started in September 2008). A private firm (SECO Development) has made an offer to contribute $5,000 a year for five years toward funding this service with the expectation the route could be extended to reach the South Lake Washington/Coulon Park area. This agreement must be approved prior to the close of 2008 per the KC Transit Now ordinance. Under the current cloud of economic uncertainty, if the sustainability for funding future years is in question, the partners have the option of terminating the agreement, provided adequate notice is given. KC staff has assured the City staff this could be done without punitive measures being taken. King County has agreed by letter that Renton can cancel these service enhancements and terminate their agreement free of penalty, if the City of Renton determines in 2009 that the local funding match is not available. Attachment: 1 map cc: Peter Hahn, Deputy PW Administrator—Transportation Jim Seitz,Transportation Planning&Programming Supervisor Nathan Jones,Transportation Planning Project Manager Connie Brundage,Transportation Administrative Secretary Nod h:\dtvision.s\transpor tat\planning\nathan Joncs\kc_metro\transit now\agenda bill_materials\tn_I I0_issuepaper.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. 1387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY METRO TRANSIT REGARDING THE KING COUNTY METRO ROUTE 110 PARTNERSHIP AGREEMENT. WHEREAS, there is a current need for mid-day, off-peak service to large employment sites and attractions in Renton; and WHEREAS, King County Metro Transit has proposed an agreement that would extend thirty (30) minute service between the hours of 9:00 AM and 3:00 PM by adding twenty-five(25) additional trips to Route 110 and extend the route to the south to S.W. 27th Street and to the north to Gene Coulon Park; and WHEREAS, the agreement would be a cost sharing arrangement with the City paying Nome one-third of the annual estimated cost in year one of $199,743.57, the full year cost estimated to be $599,230.71; and WHEREAS, over the five year life of the agreement the total cost to Renton would be $998,717.85; and WHEREAS, it is in the best interest of the citizens and business within the City to sign this agreement to provide the expanded service on King County Metro Route 110; 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. 1 RESOLUTION NO. 1387 SECTION II. The Mayor and City Clerk are hereby authorized to enter into the inter-local agreement entitled Transit Service Direct Financial Partnership Agreement By and Between King County and the City of Renton, Washington. 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.1387:11/17/08:scr r.rrd 2 RENTON ROUTE 1 ,11,;, 0 1 W ip Z 1 ,A,..• v• ,,'-'- : i CD ,�t Q GoCD LEGEND MaREOM 1 Route 110 Other Metro routes co pTransit Center _ z d = , a Park&Ride Lot > m © Permanent Leased <1.., :. .0 � Z Q L v a sr (j 5 Sounder commuter ? to N stn st � ti rail &station co CD o d \ Renton urban center z o City of Renton N 6th St 1t Fil ft Park ,o o °f 111 N ''^+, 0 025 0 5 - 1. (''''''''\y ` Miles S i` I --I 4, z t` / . � f S 132nd St *� N Airport Way '/ilf/ -- .---'® � \;` / So, Renton , / <a"9sto S 2nd St P&R f e.�d ik, ,y.� 5 3rd StIliaN� �' G�°��t �. s -enton et,Nay it Transit y Noss i Center N x0 SW 7th St a //lird5111 South Renton S�Gtady�..®y....--�' P&R SW 16th St C')<Q7---'f m C })//'9.c L.-J. 73 rn The information included on this map has been compiled by s \ King County Staff from a variety of sources and is subject to N change without notice King County makes no representations Tukwila or warranties,express or Implied,as to accuracy,completeness, timeliness,or nghts to the use of such information King County Surface shall not be liable for any general,special,indirect,incidental,or Lot consequential damages mcludmg,but not limited to,lost � revenues or lost profits resulting from the use or misuse of the at Tukwila SW 27th St N t d information contained on his map Any sale of this map or 7 information on this map Is prohibited except by written Station 12.73 NO 163 ', pe mission of King County Map produced by King County Department N Q of Transportation,Transd Dnision,Service @CL Development SecOon,Service Planning 111N Group Flanagc c1110_opll.msd October 16,2008King County TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT BY AND BETWEEN KING COUNTY AND THE CITY OF RENTON,WASHINGTON THIS TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT(the "Agreement")is made by and between King County,a political subdivision of the State of Washington and home rule charter county with broad powers to provide public transportation within the County's geographic boundaries, by and through the King County Department of Transportation,Metro Transit Division(the"County"or"Metro Transit')and the City of Renton(a Washington municipal corporation("Service Partner,"whether one entity or multiple entities),both of which entities may be referred to hereinafter individually as "Party" or collectively as the "Parties." WHEREAS,in September 2006 the King County Council adopted Ordinance 15582,the Transit Now ordinance,directing the submission of a proposition to King County voters to fix and impose an additional sales and use tax of one-tenth of one percent to fund expansion of the King County Metro public transportation system and a variety of transit service improvements;and WHEREAS,the Transit Now ordinance identified a number of transit service measures to be implemented using the one-tenth of one percent sales and use tax collected through Transit Now that focus on capital, operating,and maintenance improvements that are expected to expand and improve bus service on local streets and arterials within King County;and WHEREAS,mutually beneficial contractual arrangements with other public and private entities("service partnerships")that leverage public and private funds to provide both new and better bus service to cities and major employers is one of four key strategies(the "Service Partnership Program")identified in the Transit Now proposition approved by King County voters in the general election on November 7,2006;and WHEREAS,the Service Partnership Program is also designed and intended to support the service development objectives and financial strategies of the Ten-Year Strategic Plan for Public Transportation 2007-2016;and WHEREAS,the Ten-Year Strategic Plan for Public Transportation 2007—2016 adopted by the King County Council November 13,2007 Strategy IM-3 exempts service partnerships,schedule maintenance, contracted services or partnership agreements from subarea allocation and reduction requirements;and WHEREAS,Service Partner has submitted an application for a direct financial partnership for transit service and has met the criteria established by the County for awarding such partnerships;and WHEREAS,the proposal submitted by Service Partner has been deemed to show a potential gain in ridership;and WHEREAS,the proposal submitted by Service Partner has been approved by the King County Council, NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES,COVENANTS AND AGREEMENTS SET FORTH HEREIN,AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE PARTIES, THE PARTIES HEREBY AGREE AS FOLLOWS: `rrr DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON ROUTE 110 Page 1 of 10 ‘iire 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to enter into a mutually beneficial contractual relationship for enhanced transit services consistent with the goals and directives of the Transit Now ordinance and initiative as authorized by King County Council Ordinance 15582 (approved in September 2006) and passed by the voters of King County as Transit Now in the general election on November 7,2006 to leverage sustainable local resources for transit service and to increase transit ridership. This Agreement establishes the responsibilities of the Parties in relation to the transit service partnership, including methods for financing,implementing, monitoring, improving and terminating the partnership. 2. COUNTY'S RESPONSIBILITIES 2.1 The County will provide transit service enhancements in accordance with the service specifications set forth in Attachment A, which is incorporated herein and made a part of this Agreement by this reference, pursuant to which the County and Service Partner will share the fully allocated cost of the increased service hours at a rate of not more than two-thirds from County funds to not less than one-third from Partner funds (actual contribution specified in Attachment A). Fully allocated costs include the cost of fuel,maintenance, driver wages, service supervision, infrastructure maintenance, revenue collection, scheduling, rider information, data analysis; and administrative and management costs. The County's cost allocation model will be used to determine the Service Partner's contribution. The County will manage the service in accordance with its regular procedures and as may be further specified in this Agreement. The Parties understand and agree that, notwithstanding Service Partner's financial contribution, the transit service referenced herein will be open to the general public. 2.2 The County will include the new transit service enhancements provided for under this Agreement in its Niro, annual route performance monitoring. Enhanced transit service provided for via service partnerships will be expected to perform at or above the subarea average for its particular type of service in at least three of the four standard indicators monitored in Metro's annual Route Performance Report: a) Rides per revenue hour; b) The ratio of fare revenue to operating expense; c) Passenger miles per revenue hour;and d) Passenger miles divided by platform miles. 2.3 More specific benchmarks applicable to the enhanced transit service provided for herein are set forth in Attachment A. Three(3)years after implementation of the enhanced transit service provided for herein and annually thereafter,the County will make a determination as to the productivity and viability of the service. The County will notify Service Partner of its assessment of the service's productivity,performance,and ongoing viability. If the County deems that changes can be made to improve the service,the County and Service Partner will discuss possible modifications and may agree on any decisions to modify the service enhancements provided for herein,provided,however,that any such modifications shall be consistent with the requirements set forth in KCC 28.94.020(B)(2). After consultation with Service Partner, if the County determines that the enhanced service provided for herein is not viable based upon performance,and proposed changes are insufficient to boost productivity beyond a minimum threshold as may be established and the Parties cannot agree on a substitute investment on a different route or a different corridor,the County will notify Service Partner of its intention to terminate the Agreement. 3. SERVICE PARTNER'S RESPONSIBILITIES 3.1 Monetary Contributions. Service Partner will contribute, via payment of billings from the County twice per year, as specified in Section 5.1 of this Agreement, at least one-third of the fully allocated cost of the 'taw' DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON ROUTE 110 Page 2 of 10 enhanced service described in Attachment A, in an amount not less than US$100,000 per year for at least 44.10 five (5) years to add to existing transit service or a minimum of US$200,000 per year for at least five (5) years to implement new transit service. The foregoing dollar amounts represent the minimum monetary contributions that Service Partner will be responsible for pursuant to this Agreement. The amount of Service Partner's actual yearly monetary contributions, over and above the minimum yearly contributions specified in this Subsection 3.1, are to be determined by application of the cost allocation calculation specified in Attachment A, which is attached hereto and incorporated herein by this reference. If application of that cost allocation formula yields a higher dollar amount, Service Partner shall pay the larger amount. 3.2 Transit Service Enhancements. In addition to the financial contributions referenced in Subsection 3.1, Service Partner will undertake a number of additional actions that are expected to increase ridership on the enhanced bus services provided for herein, including, but not limited to implementation of transportation demand management programs, parking management, service promotions, and communication infrastructure and transit signal priority improvements. The transit service enhancements to be undertaken by Service Partner pursuant to this Agreement are set forth more fully in Attachment A, which is attached hereto and incorporated herein by this reference. The Parties acknowledge and agree that the goal of this Agreement is to increase ridership. Toward that end, the Parties agree to work together in good faith to refine the details of the required transit service enhancements in order to assure effective and timely implementation. 4. TERM OF AGREEMENT AND APPROVAL BY KING COUNTY COUNCIL 4.1 This Agreement shall commence upon signing by the Parties and, for each service specified in Attachment A, expire five (5) years after the start of that service, unless extended or earlier terminated pursuant to the terms of this Agreement. If after five (5)years the enhanced transit service is deemed viable by the County pursuant to the performance indicators set forth in Section 2.2 of this Agreement and the additional performance benchmarks specified in Attachment A, and Service Partner desires to have Metro Transit Nmeif continue to provide the enhanced transit service beyond the initial five year period,this Agreement may be extended by the Transit General Manager for an additional five years without additional approval by the King County Council. 4.2 This Agreement is subject to review and approval by the King County Council and, if necessary, the governing bodies of any other governmental entities that are a Party to this Agreement. 5. INVOICES/PAYMENT PROCEDURES 5.1 The County will invoice Service Partner twice each year for its contribution, as specified in Section 3.1 of this Agreement,to the transit service provided for herein. Service Partner will receive two(2)billings each calendar year for the actual costs incurred by the County to operate or manage the service. 5.2 An estimate of the total service costs based on scheduled service hours is shown in Attachment A. This estimate will be adjusted in January each year, based on the per mile and per hour rates for that year. This adjustment will be provided to the Service Partner. 5.3 Service Partner shall make payment within forty-five (45)days after receipt of an invoice. Should Partner fail to pay the County the amount due within forty-five (45) days of receipt of a billing invoice from the County, a late payment assessment shall be applied to any outstanding balance due for that invoice. The late payment assessment shall be fixed at the maximum rate allowable under Washington state law. 6. INDEMNIFICATION AND LEGAL RELATIONS Nod DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON ROUTE 110 Page 3 of 10 6.1 It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right Noose to any other person or entity. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one Party or its contractors or subcontractors shall be deemed, or represent themselves to be,employees,agents,contractors or subcontractors of the other Party. 6.2 Each Party shall comply, and shall ensure that its contractors and subcontractors, if any, comply with all federal, state and local laws, regulations, and ordinances applicable to the work and services to be performed under this Agreement. 6.3 Each Party shall protect, defend, indemnify and save harmless the other Party, its elected officials, officers, officials, employees and agents while acting within the scope of their employment as such, from any and all costs, claims,judgments, and/or awards of damages, arising out of or in any way resulting from each Party's own negligent acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its own subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this provision extend to any claim,demand,and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indenmitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 6.4 Each Party's rights and remedies in this Agreement are in addition to any other rights and remedies provided by law. 6.5 This Agreement shall be interpreted in accordance with the laws of the State of Washington. The Superior Court of King County,Washington,located in Seattle, Washington,shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. Now 6.6 The provisions of this section shall survive any termination of this Agreement. 7. CHANGES AND MODIFICATIONS This Agreement may be amended or modified only by prior written agreement signed by the Parties hereto. Such amendments and modifications may be executed by the General Manager of the County's Transit Division without additional Council approval, so long as any such amendments are consistent with the intent and purpose of this Agreement. 8. TERMINATION OF AGREEMENT 8.1 Either Party may terminate this Agreement, in whole or in part, in writing if the other Party substantially fails to fulfill any or all of its obligations under this Agreement through no fault of the other; provided, however, that, insofar as practicable, the Party terminating the Agreement will give not less than 135 calendar days prior to the County's February, June or September service change, by written notice delivered by certified mail,return receipt requested, of intent to terminate. 8.2 In addition to termination under Paragraph 8.1 of this Section, the County may terminate this Agreement pursuant to the provisions of Section 2.3 of this Agreement, in whole or in part, provided, that Service Partner will be given not less than 135 calendar days prior to the County's February, June or September service change,by written notice delivered by certified mail,return receipt requested,of intent to terminate. 8.3 If either Party terminates, Partner will pay the County a pro-rated amount for services performed in accordance with the Agreement to the date of termination. Ittitirrr DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON ROUTE 110 Page 4 of 10 9. FORCE MAJEURE Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by a cause beyond its control, including, but not limited to: any incidence of fire,flood, earthquake or acts of nature; strikes or labor actions; commandeering material, products, or facilities by the federal, state or local government; and/or national fuel shortage; when satisfactory evidence of such cause is presented to the other Party, and provided further that such non- performance is beyond the control and is not due to the fault or negligence of the Party not performing. In no event, however, shall this provision eliminate the obligation to make payment to the County for work performed in accordance with this Agreement. 10. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing,signed by authorized Parties and attached to the original Agreement. 11. ASSIGNMENT This Agreement shall be binding upon the Parties, their successors, and assigns; provided, however, that neither Party shall assign or transfer in any manner any interest, obligation or benefit of this Agreement without the other's prior written consent. 12. NO THIRD PARTY BENEFICIARIES Nothing in this Agreement,express or implied, is intended to confer on any person or entity other than the Parties hereto and their respective successors and assigns any rights or remedies under or by virtue of this Agreement. 13. MUTUAL NEGOTIATION AND CONSTRUCTION This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, the Parties, and the language in all parts of this Agreement shall, in all cases,be construed according to its fair meaning and not strictly for or against either Party,- 14. artyro14. ALL TERMS AND CONDITIONS This Agreement merges and supersedes all prior negotiations, representations and agreements between the Parties related to the subject matter hereof and constitutes the entire agreement between the Parties. This Agreement may be amended only by written agreement of the Parties. 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. DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON ROUTE 110 Page 5 of 10 15. CONTACT PERSONS 'fir► The County and Service Partner shall designate a contact person for purposes of sending inquiries and notices regarding the execution and fulfillment of this Agreement. Service Partner Contact Name Nate Jones Organization City of Renton Public Works Title Transportation Planner Address 1055 South Grady Way Renton,WA 98057 Telephone 425-430-7217 Fax 425-430-7376 E-Mail njones@ci.renton.wa.us King County Contact Name Matt Hansen Title Supervisor,Market Development, Metro Transit Division Address YES-TR-0600 400 Yesler Way Seattle,WA 98104 Telephone 206-263-3598 Fax 206-684-2058 E-Mail matt.hansen@kingcounty.gov �1rr+ 16. Each Party warrants and represents that its execution of this Agreement has been authorized by its governing body, via King County Ordinance No. 16041 dated March 24,2008,and via City of Renton Resolution No. , dated ,2008. 17. Effective Date. This Agreement shall take effect when it is signed by all the Parties hereto. IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the day of ,2008. KING COUNTY SERVICE PARTNER By: By: Title: Title: Date: Date: • DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON ROUTE 110 Page 6 of 10 ATTACHMENT A Direct Financial Partnership Scope of Work City of Renton A. Monetary Contributions 1. Monetary Contributions to be Made by Service Partner The City of Renton agrees to contribute one-third of the fully allocated cost for five(5) years of additional service on Route 110 as defined in the Service Description in Section C of this Attachment A. The actual annual cost the Service Partner agrees to pay on an annual basis shall be determined in accordance with Section 5.2 of this Agreement.The proportion of the fully allocated annual cost that the Service Partner agrees to pay is specified in Section D of this Attachment A. 2. Monetary Contributions to be Made by County The County agrees to operate the service as defined in Service Description, in Section C of this Attachment A and Section 2.1 of this Agreement. B. Transit Service Enhancements 1. Service Partner agrees to implement additional actions that are likely to increase ridership on the new services, including all those listed below or similar activities, if authorized in advance by the King County Metro Transit General Manager. Such additional actions shall be implemented no later than two(2)years from the effective date of this Agreement. At least six months prior to the start of the new services, Service Partner will contact King County Metro's Market Development group to refine the details of these actions to help assure effective and timely implementation. Service Partner remains responsible for the cost and implementation of the following actions or similar activities as agreed with Market Development staff: a. Promotion • Promote new service using media outlets including TV, Web site, and print(local newspapers, utility bill inserts). • Outreach to three tiers of users: employers (CTR and non-CTR sites), business leagues(e.g. Chamber of Commerce, Downtown Association, Renton Connection), and, community service groups/neighborhood associations(e.g. Kiwanis). • Promote services through the City's pilot program for transit-center security and Downtown Visitor's Assistance program. 2. The County agrees to undertake the following supporting actions: a. Additional Promotion of Service • Designate new trips funded by partnership in the bus timetables for the affected route. DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON ROUTE 110 Page 7 of 10 • Work with Service Partner to promote transit use on the affected route. C. Service Description County and Service Partner agree to share in the cost and responsibilities of adding midday service on Route 110. Service would be provided every 30 minute between the hours of approximately 9 a.m. and 3 p.m. The service will operate with a 30-foot diesel coach.The route would be extended to the north to serve Coulon Park and to the south to serve businesses in the area of SW 27th Street. The intent of these service enhancements is to provide a connection to retail,residential development, and recreational facilities in the area near Coulon Park; and to provide a connection to employers in southwest Renton. The service implemented will be generally consistent in scope and service levels and may vary from this description should County and Service Partner mutually agree to implement alternative service of similar scope following any required public outreach and any necessary King County Council authorization. 1. Start Date for Service Service on the route described above shall commence with a standard Metro service change during 2010. D. Service Cost Estimate The estimated cost is a planning-level estimate based on the hours and miles identified on the spreadsheet attached hereto as Exhibit I entitled"Preliminary Cost Estimate,"which is incorporated into and made a part of this Agreement by this reference. The actual hours and miles needed to operate the service is determined by the County during the scheduling of the service prior to implementation.The actual fully allocated cost may be higher or lower than the estimate provided in Exhibit 1. Total annual hours: 5,850 Total annual miles:50,817 Estimated fully allocated annual cost(County's+ Service Partner's cost): $599,230.71 (based on 2008 fully allocated annual cost) City of Renton's estimated annual share of fully allocated annual cost: Thirty-three and one-third percent($199,743.57 based on 2008 fully allocated annual cost) E. Benchmarks for Evaluating Route Performance Metro has a consistent, formal route-performance evaluation process to identify individual routes that may require modification,expansion or termination. Routes are grouped by subarea and time period for similarity in operating conditions. Each partnership route will be compared by time period to other routes in its subarea to ascertain performance level. Data DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON ROUTE 110 Page 8 of 10 for a particular year is typically available by the middle of the following year. The comparison will be made at the time the data is available. The 2006 benchmarks for the service additions applicable to this Agreement are as follows: South Subarea—Off-peak Rides per revenue hour: Average—37.6 Fare revenue/operating expense: Average— 17% Passenger miles/revenue hour: Average—227 Passenger miles/platform miles: Average— 11.45 Initial performance review for this service will use benchmarks determined using 2010 data. Nord • DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON ROUTE 110 Page 9 of 10 EXHIBIT 1 Preliminary Cost Estimate a x ae * y o /}ted'"+ �•� `5c.r:: {* � ,.r .: 3R.F"?.Yr.t'• . . N,. '#0 ".,roN`„",'Est •.;r Ya+�.�,30fCoac 1- .'Mh"+r Est,• w,� o-CoaC. ..- .y �,n s� F.y - •,�.-,-.+u r,R�,ry°+ .� t>bt A�,r''•.. y.. � '»...,>d;..- .,,�, �, �;�r: �T � it . E.. tai s; .`;hours 83 93 miles -13 o a E std: �Ro�ute�,:Day:� Director ���-�-;T�me Y-=�-�-�: :�.�,;'� � �.:�Description � .-� p .� Y;� ";�m � . 110 M-F north 9:00—3:00 Midday Southwest Renton 13 to Coulon Park 5,850 $490,990.50 50,817 $108,240.21 $599,230.71 110 M-F south 9:00—3:00 MiddayCoulon Park to 12 Southwest Renton u• .otal - ._. . ._.. . ...F^<.... 4 25 S, 50z =. ';490 990. 0:: 50`81 ,w 0• 4' 2 ; King County Metro Transit contribution $399,487.14 City of Renton contribution $199,743.57 DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON ROUTE 110 Page 10 of 10 • CITY OF RENTON PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2009 -2014 SIX-YEAR TIP Transit Program Functional Classification: N/A Fund: 317 Proj.Length: N/A Proj: 12706 TIP No. 26 CONTACT: Nathan Jones 425.430.7217 DESCRIPTION: STATUS: Plan and fund short-range and long-range transit services and facilities, including park and ride lots,bus Staff continue to attend regional coordination meetings with transit agencies, monitor service shelters,and arterial system improvements high occupancy vehicle(HOV)lanes required to facilitate and capital facility improvements within Renton,and pursue and advocate for better-timed transit access.Joint projects with King County Metro and Sound Transit will also be pursued to improve arrivals and departures at major Renton transit facilities. Currently RUSH(aka Metro route local and regional transit service in Renton.Coordination with transit agencies,community,and businesses 110)provides peak-hour commute services connecting the train station,downtown and for implementation. north Renton. JUSTIFICATION: CHANGES: Transit improvements are a vital component of the transportation system's ability to absorb future traffic Use a portion as local matching funds for Transit Now King County Metro program to demand and meet level-of-service standards. The City and private developers have invested millions of provide enhanced service hours on local Renton routes 153 and 110. Starting in 2008, dollars in capital improvements in support of transit-oriented development and services. Transit will be one provides$73,000 yearly for route 153. In 2010 program will provide$200,000/year for route key in meeting the goals of the downtown area as well as development in other parts of the City. 110-Transit Now partnerships). Coordination with Metro and Sound Transit projects and programs will help leverage these funds and increase benefits to Renton. (Funded : 11,700,413 'Unfunded: I Project Totals Programmed Pre-2009 Six-Year Program ITEM Programmed Spent in 2007 2008 Total 2009 2010 2011 2012 2013 2014 EXPENSES: Planning 1,700,413 20,413 225,000 1,455,000 80,000 275,000 275,000 275,000 275,000 275,000, Preliminary Engineering R-O-W(includes Admin) Construction Construction Services Post Construction Services TOTAL EXPENSES 1,700,413 20,413 225,000 1,455,000 80,000 275,000 275,000 275,000 275,000 275,000 SOURCE OF FUNDS: Vehicle Fuel Tax Business License Fee 768,413 20,413 43,000 705,000 80,000 125,000 125,000 125,000 125,000 125,000 Proposed Fund Balance 32,000 32,000 Grants In-Hand(1) Grants In-Hand(1) Mitigation In-Hand Other In-Hand(General Fund) 900,000 150,000 750,000 150,000 150,000 150,000 150,000 150,000 Other In-Hand(2) Grants Proposed (FTA) Other Proposed Undetermined TOTAL SOURCES 1,700,413 20,413 225,000_ 1,455,000_ 80,000 275,000 275,000 275,000 275,000 275,000 Transit 07/23/2008 3 39 PM 5-26 FINAL a Now King County DRAFT Department of Transportation 201 South Jackson Street M.S. KSC-TR-0815 Seattle, WA 98104-3856 November 25, 2008 Mr. Gregg Zimmerman Public Works Administrator City of Renton 1055 South Grady Way Renton,WA 98057 Dear Mr. Zimmerman: This letter is based on a number of conversations and communications our staffs and we have had in the last month or so, starting with our meeting of October 13, 2008. We understand that Renton intends to enter into a Transit Now Financial Partnership agreement with King County for downtown Renton Route 110 prior to the end of 2008. We also understand the considerable concern by the city about the extent and duration of the current economic downturn,and the possible impact of a protracted economic downtown on the City of Renton's budget. In consideration of this very real concern, if for some reason the City had to provide the County with notification(a minimum of 135 days prior to the implementation of the service partnership in 2010)informing the County of the City's inability to pay one-third of the cost of the service partnership,in effect,informing the County that the city anticipated defaulting, I can state that King County would not seek financial damages from the City due to its decision to withdraw from the partnership. Thank you again for your participation in the Transit Now financial partnership program. The County looks forward to working with the City to implement the partnership to improve local service to Gene Coulon Park, the Landing, and the many large work sites including Boeing,the King County Election Office, Worksource Renton, the Federal Aviation Administration regional headquarters,and others. If you have additional questions or concerns regarding the partnership,please contact Victor Obeso, Service Development Manager by email at victor.obeso@kingcounty.com or by telephone at 206-263-3109. Sincerely, Harold Taniguchi, Director,Department of Transportation Mr. Gregg Zimmerman November 25,2008 Page 2 , Received and Concurred: Gregg Zimmerman, Date Public Works Administrator City of Renton cc: Laurie Brown,Deputy Director,Department of Transportation(DOT) Kevin Desmond, General Manager Metro Transit Division,DOT Jim Jacobson,Deputy General Manager, Metro Transit Division,DOT Victor Obeso,Manager, Service Development,Metro Transit Division,DOT CITY OF RENTON COUNCIL AGENDA BILL AI#: t_t7 ta• 141100 Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division December 1, 2008 Staff Contact Bill Wressell, Project Manager Agenda Status (Extension 7400) Consent X Subject: Public Hearing.. CAG # 08-074 Correspondence.. 2008 Street Overlay with Curb Ramps Ordinance Contractor: Western Asphalt, Inc. Resolution Old Business Exhibits: New Business Final Pay Estimate Study Sessions Notice of Completion Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... $ 5,806.44 Final Pay Est. Transfer/Amendment. Amount Budgeted Revenue Generated -0- Street Overlay Program $ 635,000 Arterial Rehab. Program $ 470,000 Houser Way S-Main to Burnett $ 76,654 Water Capital Improvement Program $ 89,529 Total $1,271,183 Total Project Budget $1,271,183 SUMMARY OF ACTION: The project started on August 18, 2008, with completion on October 30, 2008. The original contract amount was $1,074,888.94 and the final contract amount is $1,006,260.22. Of the $1,006,260.22 final contract amount, the following amounts will be paid by: Street Overlay Program - $361,884.49, Arterial Rehabilitation Program - $470,000.00, Houser Way South, Main Avenue South to Burnett Avenue South Project - $76,654.36, and Water Main Improvement Program - $97,721.37. STAFF RECOMMENDATION: Approve completion of the project and payment of the Final Pay Estimate in the amount of $5,806.44. The contractor (Western Asphalt, Inc.) has a retainage bond on file with the City. H:\Division.s\TRANSPOR.TAT\Bill Wressell\2008 Overlay Final Pay Estimate agenda bill.doc TO: FINANCE DIRECTOR FROM: TRANSPORTATION SYSTEMS DIRECTOR CONTRACTOR: Western Asphalt,Inc. CONTRACT NO. CAG 08-074 ESTIMATE NO. 2 FINAL 'ilrreCOJECT: 2008 STREET OVERLAY WITH CURB RAMPS I. CONTRACTOR EARNINGS THIS ESTIMATE $5,806.44 2. SALES TAX @ 9.00% $0.00 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $5,806.44 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $992,385.04 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $5,806.44 6. SUBTOTAL-CONTRACTOR PAYMENTS $998,191.48 10. SALES TAX PREVIOUSLY PAID $8,068.74 I1. SALES TAX DUE THIS ESTIMATE $0.00 12. SUBTOTAL-SALES TAX $8,068.74 * (95%xLINEI) **(RETAINAGE:5%) GRAND TOTAL: $1,006,260.22 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR(Lines 5 and I I): Transportation-Street Overlay ACCOUNT T12108.f009.0018.0002 $5,806.44 #2 Transportation-Arterial Rehabilitation ACCOUNT T12186.f009.0018.0002 $0.00 #2 Transportation-Houser Way S-Main to Burnett ACCOUNT TI 2213.f009.0018.0002 $0.00 #2 Water Engineering-Water Main Replacement Project ACCOUNT 425.000000.018.5950.0034.63.U55170 $0.00 #2 $5,806.44 TOTAL THIS ESTIMATE: $5,806.44 6,`,'t,// CHARTER 116,LAWS OF 1965 CITY OF RENTON CERTIFICATION I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM SIGNED: *The Contractor(Western Asphalt,Inc.)has a retainage bond on file with the City SIGNATURES: Contractor: �/�, ,� Z Date: //`/3— q5 'Iamsr'roject Manager: (ic.) . W Date: 1 I—/3—D Y Approved By: Date: (Transportation Design Engineer) Approved By: Date: (Transportation Design Supervisor) C.O.#1 CITY OF RENTON Page 1 of 1 Department of Planning/Building/Public Works CONTRACT CHANGE ORDER AGREEMENT CONTRACT: 2008 Street Overlay with Curb Ramps I CAG-08-074 CONTRACTOR: Western Asphalt,Inc. SUMMARY OF PROPOSED CHANGE: Reason/Justification: During construction of this project,an additional five curb ramps were added. This change order is for the traffic control for these added ramps. Contract Change:Add item for additional traffic control Add the new bid item to the schedule of prices. Item Approx Units Description Unit Price Amount No. Quantity 46(Added) I 1 I Lump Sum ADDITIONAL TRAFFIC CONTI $ 2,000.00 I $ 2,000.00 Total this Change Order: $ 2,000.00 All work,materials and measurement to be in accordance with the provisions of the Standard Specifications and Special Provisions for the type of construction involved. ORIGINAL CONTRACT CURRENT CONTRACT ESTIMATE NET CHANGE ESTIMATED CONTRACT AMOUNT AMOUNT THIS ORDER TOTAL AFTER CHANGE $1,074,888.94 $1,004,260.22 $2,000.00 $1,006,260.22 SIGNATURES: / Date: //V2 Contractor. Project Manager: Date: /( (3'O 8 Approved By: Date: (Transportation Design Supervisor) Approved By: Date: (Transportation Systems Division Director) sTerEo� State of Washington Reg.No.: 04 Department of Revenue d ` Audit Procedures&Administration Date: November 14, 2008 )'/''t PO Box 47474 9y 1889 do Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To 1055 South Grady Way Renton, WA 98055-2132 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract 2008 Street Overlay with Curb Ramps CAG-08-074 Contractor's Name Western Asphalt, Inc. Telephone No. (206) 624-4433 Contractor's Address PO BOX 980 Maple Valley, Wa. 98038 Date Work Commenced Date Work Completed Date Work Accepted August 18,2008 October 30, 2008 October 30, 2008 Surety or Bonding Co. First National Insurance Company of America w Agent's Address Holly Ulfers Kibble and Prentice 601 Union Street. Suite 1000 Seattle,Wa. 98101-4064 Contract Amount: $ 1,074,888.94 Amount Disbursed: $ 1,006,260.22 Additions or Reductions: $ --60,559.98 Amount Retained: $ 0.00 Sales Tax: $ 8,068.74 Total: $ 1,006,260.22 Total $ 1,006,260.22 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia,Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. FORM REV 31 0020(12-92) Noe H:forms/notcomplt/ Ar r.) ) .,‘ Project: 2008 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 08-074 Closing Date: 10/30/2008 Contractor: Western Asphalt,Inc. ' Item Description Unit Est. Unit 10/10 10/30 Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount SCHEDULE"A" -001. 41+384t1ZATION Lump Sum 1.00 $6,400.00 1.00 6,400.00 0.00 $0.00 1.00 $6,400.00 ' 002. PROJECT TEMPORARY TRAFFIC CONTROI Lump Sum 1.00 $3,000.00 1.00 3,000.00 0.00 $0.00 1.00 $3,000.00 003. HMA CL 1/2 IN.PG 64-22 Ton 693.00 $79.00 685.24 54,133.96 0.00 $0.00 685.24 $54,133.96 004. REMOVING ASPHALT CONCRETE PAVEME Square Yard 2,689.00 $2.27 2365.56 5,369.82 0.00 $0.00 2365.56 $5,369.82 BY COLD PLANING 005. ADJUST MONUMENT Each 5.00 $367.50 4.00 1,470.00 0.00 $0.00 4.00 $1,470.00 006. ADJUST WATER VALVE Each 10.00 $414.75 13.00 5,391.75 0.00 $0.00 13.00 $5,391.75 007. ADJUST CATCH BASIN Each 1.00 $519.75 0.00 0.00 0.00 $0.00 0.00 $0.00 008. ADJUST METER BOX Each 1.00 $414.75 1.00 414.75 0.00 $0.00 1.00 $414.75 009. 4"RAISED PAVEMENT MARKER Each 4.00 $4.20 0.00 0.00 0.00 $0.00 0.00 $0.00 TYPE 2,BLUE 010. CURB RAMP,CEMENT CONCRETE Each 1.00 $1,890.00 1.00 1,890.00 0.00 $0.00 1.00 $1,890.00 TYPE 106i 011. - CURES RAMP,CEMENT CONCRETE Each 1.00 $1,890.00 1.00 1,890.00 0.00 $0.00 1.00 $1,890.00 TYPE 107.2 012. SAWCUT CONCRETE Linear Foot 12.00 $15.75 22.00 346.50 0.00 $0.00 22.00 $346.50 013. SAWCUT ASPHALT Linear Foot 71.00 $7.35 96.00 705.60 0.00 $0.00 96.00 $705.60 11/13/2008 1 2008 est.xls Project: 2008 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 08-074 Closing Date: 10/30/2008 Contractor: Western Asphalt,Inc. Item Description Unit Est. Unit 10/10 10/30 Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 014. CRUSHED SURFACING TOP COURSE Ton 4.00 $94.50 0.00 0.00 0.00 $0.00 0.00 $0.00 015. REMOVE CONCRETE CURB AND GUTTER Linear Foot 62.00 $18.90 80.00 1,512.00 0.00 $0.00 80.00 $1,512.00 016. REMOVE CONCRETE SIDEWALK/CURB RA Sq.Yd. 18.00 $99.75 16.89 1,684.78 0.00 $0.00 16.89 $1,684.78 017. REMOVE ASPHALT AT CURB AND GUTTER Sq.Yd. 14.00 $68.25 17.56 1,198.47 0.00 $0.00 17.56 $1,198.47 018. CEMENT CONC.TRAFFIC CURB AND GUT7 Linear Foot 16.00 $75.60 50.00 3,780.00 0.00 $0.00 50.00 $3,780.00 019. INSTALL ASPHALT AT CURB AND GUTTER Ton 3.00 $115.00 1.00 115.00 0.00 $0.00 1.00 $115.00 020. TOPSOIL TYPE A Ton 1.00 $262.00 0.00 0.00 0.00 $0.00 0.00 $0.00 021. INSTALL SOD Sq.Yd. 4.00 $24.00 0.00 0.00 0.00 $0.00 0.00 $0.00 022. EROSION AND SEDIMENT CONTROL Lump Sum 1.00 $250.00 1.00 250.00 0.00 $0.00 1.00 $250.00 023. FINISH AND CLEANUP Lump Sum 1.00 $100.00 1.00 100.00 0.00 $0.00 1.00 $100.00 $0.00 $89,652.63 9.0%Sales Tax $0.00 $8,068.74 Total Schedule A $0.00 $97,721.37 SCHEDULE"B" 001. MOBILIZATION Lump Sum 1.00 $62,250.00 1.00 62,250.00 0.00 $0.00 1.00 $62,250.00 002. PROJECT TEMPORARY TRAFFIC CONTROI Lump Sum 1.00 $58,355.00 1.00 58,355.00 0.00 $0.00 1.00 $58,355.00 11/13/2008 2 2008 est.xls 1 „) .1 i-) Project: 2008 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 08-074 Closing Date: 10/30/2008 Contractor: Western Asphalt,Inc. . Item Description Unit Est. Unit 10/10 10/30 Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 003. PORTABLE CHANGEABLE MESSAGE SIGN Each 2.00 $3,200.00 2.00 6,400.00 0.00 $0.00 2.00 $6,400.00 004. HMA Cl.1/2"PG 64-22 Ton 5,770.00 $80.00 5339.11 427,128.80 0.00 $0.00 5339.11 $427,128.80 005. REMOVING ASPHALT CONCRETE PAVEME Square Yard 85.00 $12.00 1549.55 18,594.60 0.00 $0.00 1549.55 $18,594.60 BY COLD PLANING-2"DEEP 006, REMOVING ASPHALT CONCRETE PAVEME Square Yard 23,944.00 $2.14 22315.55 47,755.28 0.00 $0.00 22315.55 $47,755.28 BY COLD PLANING-4"DEEP 007. REMOVE ACP FROM TOP OF GUTTER Linear Foot 6,000.00 $1.50 6000.00 9,000.00 0.00 $0.00 6000.00 $9,000.00 ON NE 3RD 008. REMOVING PAVEMENT Square Yard 3,550.00 $5.70 3516.55 20,044.34 0.00 $0.00 3516.55 $20,044.34 BY COLD PLANING-HOUSER WAY AND S 2ND 2"DEEP ASPHALT AND UP TO 1"CONCRETE 009. ADJUST MONUMENT Each 12.00 $367.50 12.00 4,410.00 0.00 $0.00 12.00 $4,410.00 010. ADJUST MANHOLE Each 36.00 $519.75 44.00 22,869.00 0.00 $0.00 44.00 $22,869.00 011. ADJUST WATER VALVE Each 18.00 414.75 29.00 12,027.75 0.00 $0.00 29.00 $12,027.75 012. ADJUST CATCH BASIN Each 4.00 $519.75 4.00 2,079.00 0.00 $0.00 4.00 $2,079.00 013. ADJUST GAS VALVE Each 4.00 $414.75 0.00 0.00 0.00 $0.00 0.00 $0.00 014. ADJUST QWEST MH Each 4.00 $918.75 0.00 0.00 0.00 $0.00 0.00 $0.00 015. ADJUST MONITORING WELL Each 1.00 $367.50 0.00 0.00 0.00 $0.00 0.00 $0.00 11/13/2008 3 2008 est.xls Project: 2008 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 08-074 Closing Date: 10/30/2008 Contractor: Western Asphalt,Inc. Item Description Unit Est. Unit 10/10 10/30 Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 016. 4"RAISED PAVEMENT MARKER Each 3,423.00 $1.84 3942.00 7,253.28 0.00 $0.00 3942.00 $7,253.28 'TYPE 1,YELLOW 017. 4"RAISED PAVEMENT MARKER Each 396.00 $3.68 485.00 1,784.80 0.00 $0.00 485.00 $1,784.80 TYPE 2d,YELLOW 018. 4"RAISED PAVEMENT MARKER Each ' 7,157.00 $1.84 1580.00 2,907.20 0.00 $0.00 1580.00 $2,907.20 TYPE 1,WHITE 019. 4"RAISED PAVEMENT MARKER Each 288.00 $3.68 242.00 890.56 0.00 $0.00 242.00 $890.56 . TYPE 2e,WHITE 020. 4"RAISED PAVEMENT MARKER Each 13.00 $10.50 12.00 8.00 84.00 12.00 $126.00 20.00 $210.00 TYPE 2,BLUE 021. PLASTIC CROSSWALK Linear Foot 1,440.00 $2.31 1850.00 4,273.50 0.00 $0.00 1850.00 $4,273.50 022. 18"PLASTIC STOPBAR Linear Foot 175.00 $5.78 194.00 1,121.32 0.00 $0.00 194.00 $1,121.32 023. PLASTIC ARROW Each 18.00 $78.75 18.00 1,417.50 0.00 $0.00 18.00 $1,417.50 024. INDUCTION LOOPS Each 37.00 $761.25 40.00 30,450.00 0.00 $0.00 40.00 $30,450.00 025. PLASTIC PARKING STALLS Linear Foot 1,752.00 $1.31 1582.00 2,072.42 0.00 $0.00 1582.00 $2,072.42 026. CURB RAMP,CEMENT CONCRETE Each 2.00 $1,890.00 5.00 9,450.00 0.00 $0.00 5.00 $9,450.00 TYPE 105.2 027. CURB RAMP,CEMENT CONCRETE Each 6.00 $1,890.00 9.00 17,010.00 0.00 $0.00 9.00 $17,010.00 TYPE 106.2 028. CURB RAMP,CEMENT CONCRETE Each 2.00 $1,890.00 2.00 3,780.00 0.00 $0.00 2.00 $3,780.00 TYPE 107.2 029. CURB RAMP,CEMENT CONCRETE Each 1.00 $1,890.00 0.00 0.00 0.00 $0.00 0.00 $0.00 TYPE 4A 11/13/2008 4 2008 est.xls ) r ) , ) 7) Project: 2008 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 08-074 Closing Date: 10/30/2008 , Contractor: Western Asphalt,Inc. Item Description Unit Est. Unit 10/10 10/30 Previous Previous This This Total Total No. Quantity Price, Quantity Amount Quantity Amount Quantity Amount 030. RETROFIT TRUNCATED DOMES ON Square Foot 142.00 $52.50 128.00 6,720.00 0.00 $0.00 128.00 $6,720.00 EXISTING CURB RAMPS 031. SAWCUT CONCRETE Linear Foot 99.00 $5.25 189.50 994.88 0.00 $0.00 189.50 $994.88 032. SAWCUT ASPHALT Linear Foot 361.00 $3.68 574.00 2,112.32 0.00 $0.00 574.00 $2,112.32 033. CRUSHED SURFACING TOP COURSE Ton 40.00 $50.40 19.50 982.80 0.00 $0.00 19.50 $982.80 ' 034. REMOVE CONCRETE CURB AND GUTTER Linear Foot 216.00 $14.70 533.50 7,842.45 0.00 $0.00 533.50 $7,842.45 035. REMOVE CONCRETE SIDEWALK/CURB RA Square Yard 108.00 $61.95 267.89 16,595.79 0.00 $0.00 267.89 $16,595.79 036. REMOVE ASPHALT AT CURB AND GUTTER Square Yard 82.00 $42.00 127.44 5,352.48 0.00 $0.00 127.44 $5,352.48 037. CEMENT CONC.TRAFFIC CURB AND GUTT Linear Foot 87.00 $51.45 295.50 15,203.48 0.00 $0.00 295.50 $15,203.48 038. CEMENT CONCRETE SIDEWALK Square Yard 42.00 $96.60 113.56 10,969.90 0.00 $0.00 113.56 $10,969.90 039. INSTALL ASPHALT AT CURB AND GUTTER Square Yard 12.00 $115.00 31.15 3,582.25 0.00 $0.00 31.15 $3,582.25 a° 040. TOPSOIL TYPE A Ton 1.00 $262.00 11.20 2,934.40 0.00 $0.00 11.20 $2,934.40 041. INSTALL SOD Square Yard 16.00 $24.00 55.00 0.00 0.00 55.00 $1,320.00 55.00 $1,320.00 042. RELOCATE SIGN Each 2.00 $300.00 1.00 300.00 0.00 $0.00 1.00 $300.00 043. ADJUST UTILITY BOX IN CURB RAMP Each 1.00 $350.00 1.00 350.00 0.00 $0.00 1.00 $350.00 11/13/2008 5 2008 est.xls Project: 2008 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 08-074 Closing Date: 10/30/2008 Contractor: Western Asphalt,Inc. Item Description Unit Est. Unit 10/10 10/30 Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 044. EROSION AND SEDIMENT CONTROL Lump Sum 1.00 $500.00 1.00 500.00 0.00 $0.00 1.00 $500.00 045. FINISH AND CLEANUP Lump Sum 1.00 $100.00 1.00 100.00 0.00 $0.00 1.00 $100.00 046. CHANGE ORDER#1 Lump Sum' 1.00 $ 2,000.00 1 00 0.00 0.00 1.00 $2,000.00 1.00 $2,000.00 Total Schedule B $3,446.00 $851,395.10_ SCHEDULE"C" 001. MOBILIZATION Lump Sum 1.00 $11,830.00 0.00 3,549.00 0.00 $0.00 0.00 $3,549.00 002. PROJECT TEMPORARY TRAFFIC CONTROI Lump Sum 1.00 $4,300.00 0.00 1,290.00 0.00 $0.00 0.00 $1,290.00 003. HMA CL.1/2 IN.PG 64-22 Ton 984.00 $80.25 0.00 13,689.05 0.00 $0.00 0.00 $13,689.05 004. REMOVING ASPHALT CONCRETE PAVEME Square Yard 2,720.00 $2.50 0.00 1,471.10 0.00 $0.00 0.00 $1,471.10 BY COLD PLANING rr 005. ADJUST MONUMENT Each 3.00 $367.50 1.00 0.00 0.00 1.00 $367.50 1.00 $367.50 006. ADJUST MANHOLE b Each 10.00 $519.75 1.00 0.00 0.00 1.00 $519.75 1.00 $519.75 007 ADJUST WATER VALVE Each 7.00 $414.75 2.00 0.00 0.00 2.00 $829.50 2.00 $829.50 008. ADJUST CATCH BASIN Each 4.00 $519.75 0.00 0.00 0.00 $0.00 0.00 $0.00 009. ADJUST GAS VALVE Each 2.00 $414.75 0.00 0.00 0.00 $0.00 0.00 $0.00 0 010. 4"RAISED PAVEMENT MARKER Each 1,046.00 $1.84 234.00 0.00 0.00 234.00 $430.56 234.00 $430.56 TYPE 1,YELLOW 11/13/2008 6 2008 est.xls I il) ) Project: 2008 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 08-074 Closing Date: 10/30/2008 Contractor: Western Asphalt,Inc. Item Description Unit Est. Unit 10/10 10/30 Previous Previous This This Total Total No. Quantity Price , Quantity Amount Quantity Amount Quantity Amount 011. 4"RAISED PAVEMENT MARKER Each 113.00 $3.68 32.00 0.00 0.00 32.00 $117.76 32.00 $117.76 TYPE 2d,YELLOW 012. 4"RAISED PAVEMENT MARKER Each 15.00 $10.50 0.00 0.00 0.00 $0.00 0.00 $0.00 TYPE 2,BLUE • 013. 18"PLASTIC STOPBAR Linear Foot 12.00 $5.78 16.50 0.00 0.00 16.50 $95.37 16.50 $95.37 014. SOLID WHITE PAINTED LINE 4"(FOG) Linear Foot 4,020.00 $0.21 0.00 0.00 0.00 $0.00 0.00 $0.00 015. CURB RAMP,CEMENT CONCRETE Each 2.00 $1,890.00 2.00 3,780.00 0.00 $0.00 2.00 $3,780.00 TYPE 106.2 016. CURB RAMP,CEMENT CONCRETE Each 1.00 $1,890.00 1.00 1,890.00 0.00 $0.00 1.00 $1,890.00 TYPE 107.2 017. SAWCUT CONCRETE Linear Foot 31.00 $9.45 25.00 236.25 0.00 $0.00 25.00 $236.25 018. SAWCUT ASPHALT Linear Foot 262.00 $4.20 269.00 1,129.80 0.00 $0.00 269.00 $1,129.80 019. CRUSHED SURFACING TOP COURSE Ton 15.00 $68.25 0.00 0.00 0.00 $0.00 0.00 $0.00 020. REMOVE CONCRETE CURB AND GUTTER Linear Foot 150.00 $15.75 176.00 2,772.00 0.00 $0.00 176.00 $2,772.00 021. REMOVE CONCRETE SIDEWALK/CURB RA Sq.Yd. 65.00 $73.50 100.00 7,350.00 0.00 $0.00 100.00 $7,350.00 022. REMOVE ASPHALT AT CURB AND GUTTER Sq.Yd. 81.00 $52.50 71,89 3,774.23 0.00 $0.00 71.89 $3,774.23 023. CEMENT CONC.TRAFFIC CURB AND GUTT Linear Foot 103.00 $49.35 114.00 5,625.90 0.00 $0.00 114.00 $5,625.90 11/13/2008 7 2008 est.xls Project: 2008 STREET OVERLAY WITH CURB RAMPS Contract Number: CAG 08-074 Closing Date: 10/30/2008 Contractor: Western Asphalt,Inc. Item Description Unit Est. Unit 10/10 10/30 Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 024. CEMENT CONCRETE SIDEWALK 4" Sq.Yd. 52.00 $96.60 30.56 2,952.10 0.00 $0.00 30.56 $2,952.10 025. CEMENT CONCRETE SIDEWALK 6" Sq.Yd. 27.00 $127.05 28.89 3,670.47 0.00 $0.00 28.89 $3,670.47 026. INSTALL ASPHALT AT CURB AND GUTTER Ton 15.00 $115.00 13 03 1,498.45 0.00 $0.00 13.03 $1,498.45 027, TOPSOIL TYPE A Ton 5.00 $262.00 0.00 0.00 0.00 $0.00 0.00 $0.00 028. INSTALL SOD Sq.Yd. 23.00 $24.00 0.00 0.00 0.00 $0.00 0.00 $0.00 029. EROSION AND SEDIMENT CONTROL Lump Sum 1.00 $250.00 0.30 75.00 0.00 $0.00 0.30 $75.00 030. FINISH AND CLEANUP Lump Sum 1.00 $100.00 0.30 30.00 0.00 $0.00 0.30 $30.00 Total Schedule C $2,360.44 $57,143.79 ) Total all Schedules(A+B+C) $5,806.44 $1,006,260.22 X424 SIGNATURES: Contractor: / Date: /1"(3 -05 /' l Project Manager: W i., ,S. Gu 4-4-ae Date: /(-I "3-0 Approved By: Date: (Transportation Design Engineer) Approved By: - Date: _ (Transportation Design Supervisor) 11/13/2008 8 2008 est.xls ) ) 1 a CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division December 1, 2008 Staff Contact Ryan Zulauf,Airport Manager Agenda Status Extension 7471 Consent X Subject: Public Hearing.. Seaplane Base Dredging and Shoreline Mitigation Project Correspondence.. Parametrix Design and Engineering Contract Ordinance Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Contract Information Recommended Action: Approvals: Refer to Transportation/Aviation Committee Legal Dept X Finance Dept Fiscal Impact: (Line item 422.24200.016) Expenditure Required... $163,350 Transfer/Amendment Amount Budgeted $339,228 (2008) Revenue Generated Total Project Budget $163,350 City Share Total Project.. $ SUMMARY OF ACTION: The City has contracted with Parametrix to complete the engineering design and permitting work iiiiiige necessary for going to construction. Phase I was to conduct environmental permitting and engineering design for dredging. Phase II, which was not a part of the original contract, was the work to identify, design, and permit a long-term solution to reduce or eliminate the need to perform expensive maintenance dredging at the Seaplane Base. A new contract is now needed as a result of new project components requested by the regulatory agencies; a request for grant-writing support; and an unanticipated regulatory opportunity to complete Phase II design as part of the current dredging plan,rather than waiting until a future project that would be years out in the future. The new contract for$163,350 provides for the scope and budget required to: 1. Accommodate new work and project changes that became necessary after the previous contract amendment was implemented. 2. Capitalize upon the unanticipated regulatory opportunity to complete Phase II of the project (design and permit a long-term solution to shoaling at the Seaplane Base). 3. Define the period of performance needed to complete the project. The$68,961.27 of unspent funds from the old contract will be applied to the new contract. The remaining balance in the 2008 Seaplane Base Dredging and Shoreline Mitigation Project is $339,228.57, which includes $109,959 of FEMA grant funding. Construction is targeted for late 2009. STAFF RECOMMENDATION: Approve the contract with Parametrix in the amount of$163,350 to complete the engineering design and permits to dredge the Seaplane Base and shoreline mitigation work, and authorize the Mayor and City Clerk to sign the contract with Parametrix. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Parametrix Design Contract 11-05-08\Agenda Bill 10-6-08 Parametrix Design Contract 11-06-08.doc C.)ti`SY 4� PUBLIC WORKS DEPARTMENT ® MEMORANDUM DATE: November 24, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: 3 Gregg Zimmerman, Administrator STAFF CONTACT: Ryan Zulauf, Airport Manager(extension 7471) SUBJECT: Seaplane Base Dredging and Shoreline Mitigation Project Parametrix Design and Engineering Contract ISSUE: Should the City sign a consultant agreement with Parametrix to complete the engineering design and permits to dredge the Seaplane Base and complete the shoreline mitigation work? RECOMMENDATION: Approve the contract with Parametrix in the amount of$163,350 to complete the engineering design and permits to dredge the Seaplane Base and shoreline mitigation work, and authorize the Mayor and City Clerk to sign the contract with Parametrix. BACKGROUND SUMMARY: For the first time since the creation of the Seaplane Base after World War II, the seaplane base is in need of dredging as sediment from the Cedar River is accumulating around the seaplane launch ramp and reducing water depth. This impacts access to the facility. The City previously contracted with Parametrix to complete the engineering design and permitting work necessary for construction. There are two phases to the engineering design and permitting work. Phase I was to conduct environmental permitting and engineering design for dredging. Phase II, which was not a part of the original contract, was the work necessary to identify, design, and permit a long-term solution to reduce or eliminate the need to perform expensive maintenance dredging at the Seaplane Base. The City and Parametrix have been working to develop the Seaplane Base dredging project within the scope and budget defined in the initial contract and subsequent amendment. This AIM Marcie Palmer,Council President Members of the Renton City Council November 24,2008 Page 2 of 4 effort has resulted in a design concept for the dredging portion of the work that is acceptable to federal and state agencies and the technical representatives of the Muckleshoot Tribe. A new contract is now needed as a result of: 1. New project components requested by the regulatory agencies. 2. An unanticipated opportunity to complete Phase II design as part of the current dredging plan, rather than waiting until a future project that might be years out in the future. 3. A request for grant-writing support. The new contract will extend the period of performance and redefine the scope and budget to accommodate these project changes. New Project Components Requested by Regulatory Agencies and a Phase II Opportunity Airport staff and Parametrix have been working with the Muckleshoot Tribe (Muckleshoot), U.S. Army Corps of Engineers (ACOE), National Oceanic and Atmospheric Administration (NOAA), U.S. Fish and Wildlife Service (USFWS), Washington Department of Fish and Wildlife (WDFW), and the Washington Department of Natural Resources (WDNR) to finalize Phase I of the Seaplane Base dredging project design and associated mitigation. In response to rapidly increasing construction and transportation costs, it became apparent that .ire significant cost savings, as well as environmental benefits, might be achieved by seeking a way to beneficially reuse sediments dredged from the Seaplane Base. The sediments would be reused to improve the shoreline and salmon habitat. The alternative would be to transport these materials across Lake Washington and out to WDNR's open-water dredged material disposal site in Elliott Bay. Representatives from the Muckleshoot and regulatory agencies have expressed support for beneficial reuse of the dredge material and proposed a project change that is expected to dramatically improve the shallow-water habitat at the western edge of the Cedar River delta. This concept is the best chance at concurrently reducing both short and long-term costs of maintaining the Seaplane Base. The beneficial reuse of the sediments concept has also been discussed with staff from Community Services and Surface Water. Community Services staff suggested that an amendment be added to this contract in January 2009 to complete some additional analysis to make sure that the beneficial reuse of the sediments doesn't increase the rate of siltation which already is naturally occurring around the boathouse. An amendment to the contract will be put forth in January 2009 to add this additional analysis. Staff from the Muckleshoot and the regulatory agencies requested that the Airport concurrently implement Phase II, using materials dredged from the Seaplane Base to construct a habitat peninsula between the mouth of the Cedar River and the Seaplane Base. Such a peninsula is „ expected to create high-quality habitat for juvenile salmonids in a critical area of Lake C:\DOCUME-1\BWalton\LOCALS--1\Temp\Issue Paper-Parametrix Design Contract 1 1-05-08--revised.doc Marcie Palmer,Council President Members of the Renton City Council November 24,2008 Page 3 of 4 New Washington. Construction of the peninsula is also the best opportunity to divert some of the Cedar River sediment away from the Seaplane Base, potentially reducing the need for future dredging. This change in plans could also possibly reduce the size of the dredging project footprint, thereby reducing short-term construction costs. While this is an unexpected project change, it is a unique opportunity in that all of the agencies agree that reusing the dredged material to create a habitat peninsula presents environmental and fiscal benefits. Funding the New Parametrix Contract The new contract for$163,350 provides for the scope and budget required to: 1. Accommodate new work and project changes that became necessary after the previous contract amendment was implemented. 2. Capitalize upon the unanticipated regulatory opportunity to complete Phase II of the project (design and permit a long-term solution to shoaling at the Seaplane Base). 3. Define the period of performance needed to complete the project. In 2007, the City of Renton requested and received approval for grant funding from the Federal Emergency Management Agency(FEMA) to remove flood debris, which was deposited on the project site during the November 2006 flooding event. The FEMA grant, plus the City match, Nawo, was in the amount of$125,667. The City will be able to request reimbursement from the FEMA grant for a portion of the costs associated with this Parametrix contract. The $68,961.27 of unspent funds from the old contract will also be applied to the new contract and the remaining funding will come from the existing budget authority for this project. The remaining balance of budget authority in the 2008 Seaplane Base Dredging and Shoreline Mitigation Project is $339,228.57 (which already includes $109,959 of FEMA grant funding). Construction Funding Possibilities City staff is already beginning to think about methods of financing the construction costs. Construction will be dependent upon the availability of grant funding combined with any remaining funds in the Airport end fund balance. The City will be applying for another grant from the Washington State Department of Transportation Aviation Division to help fund the initial dredging and mitigation costs. Some of the FEMA grant, which is already in hand, will also be used for construction. The Aquatic Lands Enhancement Account(ALEA) Grant Program is another source of funds for the enhancement work. The ALEA Grant Program provides grant-in-aid support for the improvement and protection of aquatic lands for public purposes. In the previous grant cycle, 22 projects each received ALEA funding of up to $1,000,000. Although the award of such funding cannot be guaranteed, the City of Renton Municipal Airport is expected to be eligible for an C:\DOCUME- 1\BWalton\LOCALS-1\Temp\Issue Paper-Parametrix Design Contract I 1-05-08--revised.doc Marcie Palmer,Council President Members of the Renton City Council November 24,2008 Page 4 of 4 ALEA grant. The Airport will require support from Parametrix to compile a successful grant application. Airport staff and Parametrix are targeting the fish window in November or December of 2009 or 2010 to complete the in-water construction work. cc: Peter Hahn,Deputy PW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell/Carolyn Currie,Airport Secretary File *44001 C:\DOCUME-1\BWalton\LOCALS--1\Temp\Issue Paper-Parametrix Design Contract 11-05-08--revised.doc • Consultant/Address/Telephone Local Agency Nary' Parametrix, Inc. Standard Consultant 1231 Fryar Avenue Agreement PO Box 460 Sumner,WA 98390 ❑Architectural/Engineering Agreement 253-863-5128 ❑ Personal Services Agreement Agreement Number Project Title And Work Description Federal Aid Number Seaplane Base Dredging and Shoreline Mitigation Project Agreement Type(Choose one) 0 Lump Sunk Lump Sum Amount $ 0 Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method DBE Participation ❑Actual Cost ❑Yes ® No Federal ID Number or Social Security Number 0 Actual Cost Not To Exceed 91-0914810 ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date Fixed Fee $ ❑Yes ® No March 31, 2010 Now' Specific Rates Of Pay Total Amount Authorized$ 148,500.00 ❑ Negotiated Hourly Rate Management Reserve Fund$ 14,850.00 ® Provisional Hourly Rate 0 Cost Per Unit of Work Maximum Amount Payable$ 163,350.00 Index of Exhibits (Check all that apply): ®Exhibit A-1 Scope of Work 0 Exhibit G-2 Fee-Sub Specific Rates ❑Exhibit A-2 Task Order Agreement 0 Exhibit G-3 Sub Overhead Cost ❑Exhibit B-1 DBE Utilization Certification 0 Exhibit H Title VI Assurances 0 Exhibit C Electronic Exchange of Data ®Exhibit I Payment Upon Termination of Agreement ❑Exhibit D-1 Payment-Lump Sum 0 Exhibit J Alleged Consultant Design Error Procedures ❑Exhibit D-2 Payment-Cost Plus 0 Exhibit K Consultant Claim Procedures ❑Exhibit D-3 Payment-Hourly Rate 0 Exhibit L Liability Insurance Increase ®Exhibit D-4 Payment-Provisional ® Exhibit M-la Consultant Certification ❑ Exhibit E-1 Fee-Lump/Fixed/Unit ®Exhibit M-lb Agency Official Certification ®Exhibit E-2 Fee-Specific Rates 0 Exhibit M-2 Certification-Primary ❑Exhibit F Overhead Cost ®Exhibit M-3 Lobbying Certification ❑Exhibit G Subcontracted Work ❑Exhibit M-4 Pricing Data Certification ❑Exhibit G-1 Subconsultant Fee 0 App.31.910 Supplemental Signature Page THIS AGREEMENT,made and entered into this day of between the Local Agency of City of Renton ,Washington,hereinafter called the"AGENCY", +W „r and the above organization hereinafter called the"CONSULTANT'. DOT Form 140-089 EF Page 1 of 8 Revised 3/2008 WITNESSETH THAT: **lid WHEREAS,the AGENCY desires to accomplish the above referenced project,and **lid WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration,if applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. Ill General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings with the AGENCY and/or such Federal,State,Community,City or County officials,groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and *841110 the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts.Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,or participation of Minority Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this AGREEMENT.If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit"B"attached hereto and by this reference made a part of this AGREEMENT.If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. {{� All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.All electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C." All designs,drawings,specifications,documents,and other work products,including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to Need ' the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion `— The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT.Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies, equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." 441ase The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub- contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee, commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and 44110, responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired employees,without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract,the CONSULTANT,for itself,its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et.seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H"in every sub-contract,including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of AGREEMENT used. No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate.If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4of8 In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual `vrrrr costs incurred by the CONSULTANT in performing the work to the date of tennination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the AGENCY of the work perfonned at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT,if requested to do so by the AGENCY.This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or i1rr� omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided, however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to de novo judicial review.If the parties to this AGREEMENT mutually agree,disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning claims will be conducted under the procedures found in Exhibit"K". XII Venue,Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in which the AGENCY is located. *iirre Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims,demands,or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE,their agents,officers and employees;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE,their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts,if any,on the PROJECT.Subject to the processing of a new sole source,or an acceptable supplemental agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration.By providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A.Worker's compensation and employer's liability insurance as required by the STATE. B.Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000)for bodily injury,including death and property damage.The per occurrence amount shall not exceed one million dollars($1,000,000). C.Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT,the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY reserves the right to require complete,certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L".In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this `kir' section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIV Extra Work A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed. B.If any such change causes an increase or decrease in the estimated cost of,or the tune required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum amount payable;(2)delivery or completion schedule,or both;and(3)other affected tens and shall modify the AGREEMENT accordingly. C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before fmal payment of the AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. Skov XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M -2"Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered Transactions, Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4" Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over$100,000 and Exhibit"M-4"is required only in AGREEMENTS over$500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants,stipulations,and,provisions agreed upon by the parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. `ere Page 7 of 8 In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the 'Execution Date"box on page one(1)of this AGREEMENT. By By Consultant Parametrix,Inc. Agency City of Renton *4001 DOT Form 140-089 EF Revised 32008 Page 8 of 8 %We EXHIBIT A-1 SCOPE OF WORK City of Renton Renton Municipal Airport— Seaplane Base Dredging Project SUMMARY During the previous contract, Parametrix completed preliminary design for the dredging project and the associated mitigation proposal. Meetings with representatives from the regulatory agencies and Muckleshoot resulted not only in support for both the dredging project and associated mitigation, but also for a long-term solution to divert sediment flowing out of the Cedar River away from the Seaplane Base. This will significantly reduce both short- and long-term costs to the Airport, while concurrently creating new high-quality habitat for juvenile salmonids in South Lake Washington. Finally,Parametrix helped the Renton Municipal Airport obtain commitments from FEMA to provide over $125,000 in funding for the project. Additionally,Parametrix saved over$60,000 from the previous contract budget,which was not spent. This next contract and associated scope of work provides for Parametrix to complete the project design and permitting and to support efforts to secure as much as$500,000 in additional grant funding for the project. INTRODUCTION The City of Renton (City) Municipal Airport (Airport) operates the Will Rogers-Wiley Post Memorial Seaplane Base(Seaplane Base),which is located immediately west of the mouth of the Cedar River along the southern end of Lake Washington. Sediment flows down the Cedar River and into Lake Washington, Now forming a river delta at the mouth of the Cedar. The river delta was dredged periodically in the past,which limited its growth. One consequence of the decision to discontinue maintenance dredging at the mouth of the Cedar River is that the delta is now growing into the Seaplane Base. As the Seaplane Base basin fills with sediment,operational water depths continue to decrease,creating a hazard for safe seaplane operation. Phase I of the contract between the Airport and Parametrix was to conduct environmental permitting and engineering design to dredge the Seaplane Base basin in order to restore safe,operational water depths for on-going seaplane operations. Phase II, which was not a part of the original contract, was the work necessary to identify, design, and permit a long-term solution to reduce or eliminate the need to perform expensive maintenance dredging at the Seaplane Base. The Airport and Parametrix have been working to develop the Seaplane Base dredging project within the scope and budget defined in the initial contract and subsequent amendment.This effort has resulted in a design concept acceptable to federal and state agencies and the technical representatives of the Muckleshoot Tribe. A new contract is now needed as a result of unanticipated project delays, new project components requested by the regulatory agencies,a request for grant-writing support,and an unanticipated regulatory opportunity to complete Phase II design as part of the current dredging plan.The new contract will extend the period of performance and redefine the scope and budget to accommodate these project changes. The Airport and Parametrix have been working with the Muckleshoot Tribe (Muckleshoot), U.S. Army Corps of Engineers (Corps),National Oceanic and Atmospheric Administration (NOAA), U.S. Fish and Wildlife Service(USFWS), Washington Department of Fish and Wildlife(WDFW), and the Washington Department of Natural Resources (WDNR) to finalize the Seaplane Base dredging project design and associated mitigation. In response to rapidly increasing construction and transportation costs, it became apparent that significant cost savings might be achieved by seeking a way to beneficially re-use sediments dredged from the Seaplane Base, as an alternative to transporting these materials across Lake Washington and out to WDNR's open-water dredged material disposal site in Elliott Bay. City of Renton 215-1779-842(01/02) Renton Municipal Airport 1 November 2008 Seaplane Base Dredging Project-Scope of Work *04401 Representatives from the Muckleshoot and regulatory agencies have expressed support for this concept and proposed a project change that is expected to dramatically improve the shallow-water habitat at the mouth of the Cedar River, while concurrently reducing both short- and long-term costs associated with maintaining the Seaplane Base. Representatives from the Muckleshoot and regulatory agencies requested that the Airport use materials dredged from the Seaplane Base to construct a habitat peninsula between the mouth of the Cedar River and the Seaplane Base. Such a peninsula is expected to create high-quality habitat for juvenile salmonids in a critical area of Lake Washington. Construction of the peninsula would divert Cedar River sediment away from the Seaplane Base. The peninsula most likely will significantly reduce or eliminate sediment disposal costs and dramatically reduce long-term maintenance costs at the Seaplane Base by reducing the need for subsequent maintenance dredging events. Also expected is a reduction of the size of the dredging project footprint, thereby reducing short-term construction costs. In 2007, the City of Renton requested and received approval for funding from the Federal Emergency Management Agency(FEMA)to remove flood debris,which was deposited on the project site during the November 2006 flooding event. Although FEMA-funding will greatly facilitate project implementation, introducing FEMA to the project and resolving the project role it will play has caused significant delays to the project schedule. In addition to the disaster assistance funding expected from FEMA, other funding opportunities exist to reduce the Airport's financial commitment required to complete the dredging project and associated mitigation. Specifically, the Aquatic Lands Enhancement Account (ALEA) Grant Program provides grant-in-aid support for the improvement and protection of aquatic lands for public purposes. In the previous grant cycle, 22 projects each received ALEA funding of up to $1,000,000. Although the award of such funding cannot be guaranteed,the City of Renton Municipal Airport is expected to be eligible for an ALEA grant.The Airport will require support to compile a successful grant application. Finally, the period of performance and associated budget of the previous contract amendment were developed under the assumption that the amendment would be implemented and Parametrix given a notice to proceed by June 29, 2007. This proved to be an overly ambitious projection, as the amendment was not implemented until October 4,2007. The new contract provides for the scope and budget required to accommodate new work and project changes that became necessary after the previous contract amendment was implemented, capitalizes upon the unanticipated regulatory opportunity to complete Phase II of the project (design and permit a long- term solution to shoaling at the Seaplane Base), and defines the period of performance needed to complete the project. Task 1 — Project Management Goal Provide efficient direction of project activities; provide communication to the City regarding project activities,schedule,and budget performance; and serve as a communication link between the City and the Parametrix team. Approach Parametrix(Sumner office)will: • Administer contract activities, including staff coordination, resource allocation, client communication, cost tracking, schedule maintenance, contract reporting, management review of deliverables, internal project technical meetings, and quality control/quality assurance requirements for completing contract activities and deliverables. City of Renton 215-1779-842(01/02) Renton Municipal Airport 2 November 2008 Seaplane Base Dredging Project—Scope of Work 4 • Perform ongoing financial management to monitor, identify, and negotiate changes to the scope of work, budget, and schedule that result from changes in conditions, deviations from baseline assumptions,or requests from the City that vary from the initial scope of work. • Conduct project-related administrative activities. • Prepare monthly progress reports for the City. Assumptions The budget estimate for project management tasks is based on the following assumptions: • Parametrix will provide project-specific project management and administration from the effective date of this contract through April 30,2010. • This scope of work proposes 4 hours per month for Parametrix's Project Manager for general project management.Actual effort will be established with the Airport Manager. • This scope of work proposes 1 hour per month for Parametrix's Project Manager to prepare monthly progress reports. • This scope of work proposes 4 hours per month for senior review and administrative support. • This scope of work proposes 12 hours of clerical time for project close out. Deliverables • Up to 18 monthly progress reports. • Up to 18 monthly invoices. • Internal team meetings. *ow • General correspondence with the Airport Manager regarding project performance or scope issues. !, Task 2—Draft Environmental Documents Meetings with the regulatory agencies and the Muckleshoot have been highly successful during Phase I of the project. Representatives from NOAA, USFWS, Corps, WDFW, WDNR, and the Muckleshoot Tribe have all expressed support for the project and offered constructive input to the project design. The previous contract scope and budget were developed to accommodate most of the project changes requested by these external reviewers/regulators. However, the proposal to implement Phase II of the project by building a peninsula between the mouth of the Cedar River and the Seaplane Base to enhance the shallow water habitat on the river delta,while concurrently diverting riverine sediment away from the Seaplane Base (see Task 4D), is outside of the previous scope of work. The existing environmental documents will need to be amended to describe this new project component and its anticipated impacts. The previous scope of work assumed that the Corps would issue'a Nationwide Permit or Letter of Permission for the project,which would not require a Section 404(b)(1)Alternatives Analysis.During the pre-application process, the Corps representative indicated that this project does not qualify as maintenance dredging, and as a result, an Individual Permit would be required. An Individual Permit requires an Alternatives Analysis to be completed, in addition to the standard JARPA form. The new contract includes completion of the required alternatives analysis. Goal Revise the environmental documents needed to obtain permits, including the draft Biological Assessment/Evaluation, and provide a project description that includes current mitigation and construction of the peninsula habitat. CityofRenton 215-1779-842(01/02) Renton Municipal Airport 3 November 2008 Seaplane Base Dredging Project—Scope of Work Numb Approach Several environmental documents are required to obtain the permits for this project, including: • Joint Aquatic Resource Permit Application,which is used for: ➢ USACE Permits Section 404. > City of Renton Shoreline Permit. ➢ WDFW IPA Permit. > Ecology 401 review. ➢ WDNR Aquatic Resources Use Authorization. • Section 404(b)(1)Alternatives Analysis. • SEPA checklist. • Biological Assessment(required for ESA formal consultation). • City of Renton Shoreline Permit application materials. These draft documents were initially prepared under the previous scope of work;however,each will require revisions to incorporate the new project construction components described in this new scope of work. Assumptions For the purposes of obtaining a shoreline permit, only coordination with the City of Renton is needed.No part of the project area falls into King County's shoreline permit jurisdiction. The project will result in either an MDNS or a DNS under SEPA and will not require an Environmental Impact Statement(EIS). The project is eligible for federal disaster assistance funding from FEMA to remove flood debris deposited on-site during the November 2006 flooding.As a result,the project may be subject to National Environmental Policy Act (NEPA) requirements. FEMA has determined that the project qualifies for a statutory exclusion from NEPA requirements; therefore, this scope of work assumes that no effort is required to meet NEPA requirements. The current dredging project, mitigation, and habitat/sediment diversion peninsula designs, as agreed to by the City, FEMA, NOAA, Corps, USFWS, WDFW, and WDNR during the May 20, 2008, June 11,2008, and July 28,2008, meetings at the Airport, will require no further negotiations or changes to the draft environmental documents. The Section 404(b)(1) alternatives analysis will analyze three alternatives: 1) the no action alternative, 2)the full dredging/disposal and habitat bench alternative, and 3)the preferred alternative (consisting of relatively less dredging and construction of a peninsula between the basin and the mouth of the Cedar River). The level of analysis needed to document that the preferred alternative is the most capable of accomplishing the project purpose with the least resulting environmental damage will not necessitate a market analysis or development/assessment of additional alternatives. The Corps will agree that the preferred alternative is the least environmentally damaging practicable alternative and will not require a more detailed analysis of development of additional alternatives. City of Renton 215-1779-842(01/02) Renton Municipal Airport 4 November 2008 Seaplane Base Dredging Project-Scope of Work `ioirre Deliverables Parametrix will revise the following documents to include the new project construction components described in this amendment: • Draft JARPA. • Draft Section 404(b)(1)Alternatives Analysis. • Draft SEPA checklist. • Draft City of Renton shoreline permit application materials. • Draft BA(formal consultation under ESA). One hard copy and an electronic copy of the draft documents will be provided to the City. Task 3—Final Environmental Documents and Agency Coordination Goal Prepare final environmental documents and submit to agencies; coordinate with agencies to obtain permits and approvals. Approach Parametrix will prepare final environmental documents based on City comments on the draft documents. Parametrix will provide for formal QA/QC prior to finalizing environmental documents. Parametrix will submit documentation to the regulatory agencies, and coordinate review with Nifty' regulatory agencies. Assumptions This scope covers the work necessary for environmental permitting, including the BA (ESA review), HPA from WDFW, WDNR Aquatic Use Authorization, Section 404/10 Permit from USACE, and an Ecology 401 review. One copy of the preliminary draft environmental documents will be submitted for one round of reviews. The City,as lead agency,will complete and issue the SEPA threshold determination. It is anticipated that this determination will be either a DNS or MDNS. Coordination with the regulatory agencies is anticipated to take no more than 32 hours. If extensive coordination with the agencies is necessary,a supplemental scope of wccrk or amendment will be required. QA/QC will require no more than 4 hours of effort. Deliverables Two hard copies and an electronic version of the following final environmental documents will be provided to the City: • SEPA checklist. • Biological Assessment. City of Renton 215-1779-842(01/02) Renton Municipal Airport 5 November 2008 Seaplane Base Dredging Project—Scope of Work • Completed JARPA form. • Section 404(b)(1)Alternatives Analysis. • City of Renton shoreline permit application materials. Task 4— Engineering Design There are four components to the project design: 1) dredging project design, 2) habitat bench design, 3)dock relocation design, and 4) the habitat peninsula design. The original contract included an engineering task, which consisted of preliminary and final project design, a cost estimate, and final bid-ready plans and specifications. As a safety measure to preserve budget and reduce the amount of re-work needed, efforts to complete the final engineering design were held pending agency approval of preliminary designs. As described above, these preliminary designs were presented to the regulatory agency representatives,who expressed support for the concepts pending revisions to the mitigation design proposal and the addition of the habitat peninsula. The purpose of Task 4 is to provide preliminary and final bid-ready plans and specifications and to provide a current engineering cost estimate for each of the four engineering design project components. Task 4A— Dredging Design Parametrix's 10 percent engineering design, which was developed for presentation to the regulatory agencies,was based upon the project design developed prior to the introduction of the peninsula concept. The regulatory agencies and the Muckleshoot have directed the Airport to seek ways to reduce the dredging footprint as a way to minimize the environmental impacts of the project. Because the peninsula is expected to divert the Cedar River sediment load away from the Seaplane Base, the dredging project footprint can be reduced,which is expected to reduce dredging costs proportionately. Additionally,the original contract project scope and budget were developed under the assumption that the project could be completed within the original period-of-performance. As a result of project delays (caused by the November 2006 flooding, regulatory changes, project changes requested by the regulatory agencies,and the pursuit of cost saving opportunities),the original cost estimate is likely to underestimate current construction costs.A new engineering cost estimate is needed. Task 4A is needed to revise the existing 10 percent engineering design and the associated engineering cost estimate and to complete the final bid-ready plans and specifications. Task 4B—Habitat Bench Design Regulatory restrictions have increased and the mitigation requirements,associated with Seaplane Base dredging increased correspondingly. Under the previous contract, the Airport requested that Parametrix prepare a scope of work and budget associated with designing a shallow-water habitat bench across the eastern half of the project site to benefit juvenile salmonids. The habitat bench was intended as the first component of the mitigation proposal associated with the dredging project. The regulatory agencies requested that the Airport duplicate the habitat bench design along the western shoreline of the Seaplane Base. Task 4B is needed to revise the 10 percent design drawings to include this new component of the habitat bench,prepare an engineering cost estimate,and complete the final bid-ready plans and specifications. City of Renton 215-1779-842(01/02) Renton Municipal Airport 6 November 2008 Seaplane Base Dredging Project-Scope of Work • w�rr Task 4C — Dock Relocation Design The purpose of the second and final component of the mitigation proposal is to reduce shading in the nearshore, shallow-water areas of the Seaplane Base by relocating part of the existing floating dock system. It is the intent of the City of Renton to relocate approximately 84 feet from the west end of the existing dock(parallel to the shore)to the north end of the existing floats(perpendicular to the shore). The preliminary design for the dock relocation proposal was completed under the previous contract. This design was based upon"as-built"drawings provided by the Airport,which did not include the aftermarket fendering system. In order to disconnect the floats from the current pilings and then position and connect the floats properly in their new configuration, the fendering system must be included in the design package. Representatives from the regulatory agencies have expressed their support for this preliminary design, therefore Task 4C is needed to prepare an engineering cost estimate and to complete the final bid-ready plans and specifications. Task 4D— Habitat Peninsula and Sediment Diversion Design As construction and transportation costs continue to rise,the Airport and Parametrix are exploring ways to reduce both short- and long-term costs associated with the Seaplane Base. In an effort to reduce costs associated with dredged material disposal (primarily associated with transport of dredged material from southern Lake Washington to Elliott Bay via the Chittenden Locks),Parametrix and the Airport proposed local beneficial re-use of sediments dredged from the Seaplane Base. In support of this concept, the regulatory agencies and the Muckleshoot representatives proposed that these sediments be used to enhance the existing river delta at the mouth of the Cedar River. Specifically, the agencies and the Muckleshoot representatives proposed using dredged sediments to construct a peninsula between the mouth of the Cedar River and the Seaplane Base. Such a peninsula is expected to dramatically improve the aquatic environment in southern Lake Washington by increasing the amount of high-quality,shallow-water shoreline area available for juvenile salmonids. In addition to reducing or eliminating dredged material disposal costs and improving the aquatic environment, such a peninsula is expected to divert the sediment flowing out of the Cedar River away from the Seaplane Base, thus dramatically reducing the required frequency of subsequent maintenance dredging events.In response to the agencies/Muckleshoot representatives' proposal,the Airport requested that Parametrix prepare a scope of work and budget associated with designing a habitat/sediment diversion peninsula between the mouth of the Cedar River and the Seaplane Base. Task 4D is needed to complete 10 percent design drawings for the habitat peninsula and sediment diversion design, prepare an engineering cost estimate, and complete the final bid-ready plans and specifications for peninsula construction as part of the dredging design package. Goal Complete design and prepare bid documents (plans and specifications) for the dredging project, habitat bench,dock relocation,and habitat peninsula. Approach Parametrix will complete the following activities for design: • Prepare 10 percent design level drawings for inclusion in permit and grant applications. • Complete preliminary construction cost estimate based on 10 percent design drawings. 215-1779-842(01/02) City of Renton November 2008 Renton Municipal Airport 7 Seaplane Base Dredging Project—Scope of Work • Update the design criteria including dredging area, dredge elevation, dredge method, and dredge-material disposal site. • Complete a stability analysis to size the armoring needed to resist erosion on the lake and river sides of the peninsula. • Prepare 90 percent design level plans and specifications for City review. Plans will consist of the following: • G-1: Cover Sheet. • G-2:Legend/Notes/Survey Notes. • C-1:Existing Conditions Plan. ➢ C-2: Dredge Design. ➢ C-3: Dredge Sections. • C-4:Habitat Bench Plan. • C-5: Habitat Bench Sections and Details. • C-6: Habitat Peninsula Plan. • C-7: Habitat Peninsula Sections and Details. • S-1: Relocation Plan and General and Demolition Notes. • S-2: Existing Floats and New Pile Layout Sections and Details. ➢ S-3: Sections and Details for Float Relocation. > L-1: Habitat Bench Landscaping Plan. > L-2: Habitat Peninsula Landscaping Plan. • L-3: Landscaping Details. • Final bid-ready bid documents(including final plans and specifications). Assumptions The City of Renton will provide"as-built"plans for the existing dock including the fendering system. The pile design will be based, in part, on the Geotechnical report dated July 12, 1999. If additional geotechnical information is required,an amended scope and budget will be required. The wind and wave data required for the piling design will be estimated from existing historical data from the south end of Lake Washington. If data is unavailable or insufficient, an amended scope and budget will be required. No utilities or other obstructions are present in the construction area. Existing docks will not need to be temporarily relocated to complete habitat bench or habitat peninsula construction. The City of Renton owns all property for habitat bench construction.The City of Renton will complete all coordination necessary with other property owners. City of Renton Renton Municipal Airport 215-1779-842(01/02) 8 November 2008 Seaplane Base Dredging Project—Scope of Work The City of Renton will provide construction-specification language for air-space restrictions related to contractor's use of large equipment adjacent to the airport runway. The City of Renton will provide standard Divisions 0 and 1 bid documents (i.e., instructions to bidders, contract,etc.) in electronic format for Parametrix's use. Permits are identified and procured during other tasks.No building permit or other City/County permit is required. This scope of work provides for one minor re-design of the habitat/sediment diversion peninsula to implement changes requested by the City,the Muckleshoot, and/or the regulatory agencies. This re-design will require no more than 10 hours of effort. The habitat/sediment diversion peninsula will not be designed to withstand a specific storm event. Instead, it will be designed to function as much like a natural feature as possible and, as such, will be vulnerable to storm damage. The peninsula will be most vulnerable immediately following construction, but is expected to stabilize somewhat after the plantings and other vegetation develop mature root systems. The regulatory agencies continue to support both the mitigation proposals (habitat bench and dock relocation) and the proposal to construct a habitat and sediment diversion peninsula from the sediments dredged from the Seaplane Base and provide all required authorizations and approvals (coordination included under permitting tasks). No further project changes are requested by the regulatory agencies or the City of Renton. Noe Dredge overflow water will be filtered through hay bales or filter fabric and allowed to return to the lake. All geotechnicalinformation will be provided by the City of Renton. Bidding assistance is covered in Task 5. Parametrix can provide a scope of work and budget for services during construction upon request, including preparation of any supplemental plans required by agencies such as water quality monitoring plans or other plans. Deliverables Two hard copies and an electronic copy(pdf format)will be provided-for each of the following: • Updated 10 percent design drawings and construction cost estimate. • 90 Percent Design Submittal (including plans and specifications). • Final Bid Documents(including plans and specifications). Task 5 Bidding Assistance Bidding assistance is needed to provide expert,cost-effective support to the Airport as it works to identify a qualified contractor to complete the work defined in the final plans and specifications. City of Renton 215-1779-842(01/02) Renton Municipal Airport 9 November 2008 Seaplane Base Dredging Project—Scope of Work Goal Parametrix will assist the City during the bidding process. Approach Specific components of the work include: • Attend a pre-bid conference at the site. • Respond to contractors' questions and prepare an addendum if required to clarify project bid documents. • Review bids received and make a recommendation for award. Deliverables Parametrix anticipates the following work products for this task: • One addendum to clarify project bid documents. • Pre-bid meeting minutes. Assumptions The City will coordinate and advertise bidding, issue all documents, and pay for copying as required for distribution of bid documents and addenda to contractors. Task 6—Grant Writing Support Given increasing construction costs, project changes requested by the regulatory agencies, and unanticipated project delays, it is desirable to identify funding opportunities to offset the Airport's total financial commitment. The ALEA Grant Program is one such opportunity that may provide up to 50 percent matching funds for the Airport to construct the habitat peninsula. This scope of work provides grant writing support in order for the Airport to apply for an ALEA grant, support for ongoing coordination with FEMA,and coordination with WDNR. Goal Provide technical and grant writing support for the Airport to compile a successful ALEA grant application to supplement City funding for habitat peninsula. Approach Parametrix(Sumner office)will: • Work directly with the client,partner agencies and ALEA Grant Program agencies. • Develop grant application materials which consist of the following: ➢ Letter of Intent. ➢ Application. ➢ PowerPoint Presentation for interview. City of Renton 215-1779-842(01/02) Renton Municipal Airport 10 November 2008 Seaplane Base Dredging Project—Scope of Work `— • Develop presentation materials from technical reports and data. • Participate in required ALEA Grant Program functions: D Application workshop. D. Project Review meeting. • Project Evaluation meeting. • Successful Applicant's Workshop. • Disseminate project information via the phone or email. Assumptions ALEA grant application materials will be based on existing information,analysis,and engineering design documents. Meeting preparation may include developing presentation materials, technical diagrams, or project illustrations from information compiled under previous tasks. Meetings with advance preparation requirements are assumed to entail roughly the following level of effort per meeting: • Project Manager(8 hours). • Tech Aide(2 hours). • CADD/Graphics(2 hours). • Senior Engineer(1 hours). QA/QC will require no more than 4 hours of effort. Deliverables • Participation in up to two, 2-hour meetings, which are expected to require significant advance preparation. • Grant application materials,which consist of the following: > Letter of Intent. ➢ Application. • PowerPoint Presentation for interview. • Presentation materials (posters, information sheets, Power Isoint presentations, etc.) developed from existing information. • Internal team meetings. TASK 7—OUTREACH SUPPORT Under the previous contract, FEMA representatives indicated that FEMA would provide disaster assistance funding to assist in the removal of debris deposited on-site during the November 2006 flood event. To date, significant effort has been expended in order to meet FEMA requirements for background information, technical data, and logistical coordination. To maximize the funding support provided by s , City of Renton 215-1779-842(01/02) **NDS' Renton Municipal Airport 11 November 2008 Seaplane Base Dredging Project—Scope of Work *40000 FEMA, continued effort is expected to be required in order to respond to FEMA requests for technical data,financial analysis,general project and regulatory information,and logistical support. The proposed habitat peninsula is expected to be built on lakebed managed by WDNR.As a result,significant coordination with WDNR is expected to be needed in order to permit and construct the habitat peninsula. This scope of work provides support for ongoing coordination with FEMA,and coordination with WDNR. Goal Provide technical support for the Airport to maximize FEMA reimbursement and coordinate with WDNR regarding the habitat peninsula. Approach Parametrix(Sumner office)will: • Work directly with FEMA. • Work directly with WDNR. • Develop presentation materials from technical reports and data. • Disseminate project information via the phone or email. Assumptions FEMA requests for project information can be satisfied with existing project descriptions, drawings, and presentation materials. Coordination with WDNR is expected to require no more than 50 hours of effort.Existing project descriptions and figures can be used for all deliverables requested by WDNR.No new deliverables will be required. Meetings with advance preparation requirements are assumed to entail roughly the following level of effort per meeting: • Project Manager(8 hours). • Tech Aide(2 hours). • CADD/Graphics(2 hours). • Senior Engineer(1 hours). QA/QC will require no more than 4 hours of effort. Deliverables • Participation in up to two 2-hour meetings, which are expected to require significant advance preparation. • Presentation materials (posters, information sheets, Power Point presentations, etc.) developed from existing information. • Internal team meetings. City of Renton 215-1779-842(01/02) Renton Municipal Airport 12 November 2008 Seaplane Base Dredging Project—Scope of Work Niem "` OVERALL SCHEDULE AND BUDGET Parametrix's proposed schedule and budget are presented below. This schedule assumes that the City authorizes Parametrix to proceed by November 30,2008. We anticipate that environmental permits can be secured by spring 2009 in time for the construction contractor to begin dredging during the winter 2009. We will expedite the permitting to the extent possible based on arguments of critical need and economic loss. Based upon support expressed by agency representatives for the project, we are optimistic that dredging can occur during the in-water work window allowed in early-winter 2009. However, it is uncertain, based on present assumptions and anticipated agency timeframes, that environmental documents, design, permitting, and bidding can occur in time to allow the contractor to complete the dredging within this target timeline.Therefore,it is possible that dredging may not occur until 2010. Proposed Schedule and Budget ACTIVITY SCHEDULE BUDGET Task 1 -Project Management Duration of Project (November 2008-April 2010) $19,500 Task 2-Draft Environmental Documents December 2008 $5,500 Task 3-Final Environmental Documents April 2009 $22,500 Task 4A-Dredging Design July 2009 $15,000 Task 4B-Habitat Bench July 2009 $16,500 Task 4C-Dock Relocation July 2009 $19,000 Task 4D-Habitat Peninsula July 2009 $21,000 Task 5-Bidding Assistance October 2009 $3,500 Task 6-Grant Writing Support March 2010 $13,500 Task 7-Outreach Support March 2010 $12,500 TOTAL $148,500 • ji City of Renton 2154779-842(01/02) Renton Municipal Airport 13 November 2008 Seaplane Base Dredging Project-Scope of Work 3 Exhibit D-4 Payment (Provisional Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter.Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates:The CONSULTANT shall be paid by the AGENCY for work done based upon the provisional hourly rates shown in Exhibit"E"and"F"attached hereto and by this reference made part of this AGREEMENT.The actual hourly rates will be determined by an audit of the CONSULTANT'S last completed fiscal year and/or their current projected fiscal year.The provisional and/or audited rates listed shall be applicable : •- . :•_. :_ •:e through March 31,2009, and shall be subject to negotiation for the following twelve(12)month period upon request of Initials: the CONSULTANT or the AGENCY.If negotiations are not conducted for the second or subsequent twelve(12)month periods within ninety(90)days after completion of the previous (Client/Date) period,the rates listed in this AGREEMENT,or subsequent written authorization(s)from thePMwo e)(v•P AGENCY shall be utilized.The rates are inclusive of direct salaries,payroll additives,overhead, and fee.The CONSULTANT shall maintain support data to verify the hours billed on the v�i���a f AGREEMENT. In the event re-negotiation of the hourly rates is conducted,the AGENCY reserves the light to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the re-negotiation accordingly.Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments. Initials: (Client/Date) 2. Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANTTpIus 10%.These charges may include,but are not limited to,the following items: travel, MX/Date) printing,long distance telephone,supplies,computer charges and sub-consultant costs. / or i j a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY.The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,train,and rental car costs)in accordance with the AGENCY'S Travel Rules and Procedures. However,air,train,and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205-46"Travel Costs." b. The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office.Copies of the original supporting documents shall be supplied to the AGENCY upon request. Nod DOT Form 140-089 EF Exhibit D-4 Revised 6/08 No"'` d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT.Such authorization(s)shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT.The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT.This fund may not be replenished.Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV,"Extra Work."4. Maximum Total Amount Payable:The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT.The Maximum Total Amount Payable is comprised of the Total Amount Authorized,and the Management Reserve Fund.The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. 4. Monthly Progress Payments:Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above.The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit"E"including names and classifications of all employees,and billings for all direct non-salary expenses.To provide a means of verifying the billed salary costs for the CONSULTANT'S employees,the AGENCY may conduct employee interviews.These interviews may consist of recording the names,titles,salary rates,and present Nerveduties of those employees performing work on the PROJECT at the time of the interview. 5. Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports, electronic data and other related documents which are required to be furnished under this AGREEMENT.Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment.In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment.The CONSULTANT has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. ' r 6. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY,STATE and the United States,for a period '4 404 of three(3)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation,claim or audit arising out of,in connection with,or related to this contract is initiated before the expiration of the three(3)year period,the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is completed. NIS Exhibit E-2 Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) Client: City of Renton Project: Seaplane Base Dredging and Shoreline Mitigation Classification Grade Range of Classification Grade Range of Billing Rates Billing Rates Principal 19 $200 Construction Mgr. IV 14 $145-$155 Project Delivery Officer 19 $210 Construction Mgr. III 13 $120-$150 Program Manager 19 $200 Construction Mgr. II 12 $105-$130 Division Manager 19 $195-$210 Constr Technician III 11 $95-$115 Division Manager 18 $170-$200 Constr Technician II 10 $90-$100 Division Manager 17 $165-$175 CADD Supervisor 12 $105-$115 Sr Consultant 18 $180-$195 CADD Tech Lead 12 $115-$120 Sr Engineer 17 $165-$195 CADD Operator III 11 $90-$100 Sr Engineer 16 $140-$175 CADD Operator II 10 $75-$100 Sr Engineer 15 $135-$150 CADD Operator I 8 $70-$90 Engineer IV 14 $120-$140 Engineer III 13 $115-$130 Survey Supervisor 14 $130-$140 Engineer III 12 $105-$120 Sr Surveyor 12 $105-$130 Engineer II 11 $95-$110 Surveyor III 11 $95-$110 Engineer I 10 $85-$100 Surveyor II 10 $80-$100 Env.Tech III 10 $90-$110 Surveyor I 9 $75-$80 Env.Tech I 8 $60-$70 Jr Surveyor 8 $65-$75 Designer IV 14 $130-$140 Word Proc Mgr/Editor 11 $95-$120 . Designer III 12/13 $110-$120 Word Processing Specialist 9 $80-$105 Designer II 11 $95-$115 Sr Word Processor 8 $70-$95 Designer I 10 $80-$95 Word Processor 7 $60-$80 Sr Planner 17 $170-$175 Production Manager 12 $110-$125 Sr. Planner 16 $150-$175 Sr.Marketing Coordinator 11 $85-$105 Sr. Planner 15 $135-$160 Project Controls Specialist 11 $95-$105 Planner IV 14 $115-$140 Project Coordination Supervisor 11 $90-$100 Planner III 12/13 $100-$120 Sr.Graphic Artist 10 $90-$110 Planner Il 11 $95-$105 Project Coordinator 9 $75-$95 Planner I 10 $70-$85 $80-$100 Sr Technical Aide 8 Tech Aide 7 $60-$75 Sr Hydrogeologist 17 $130-$165 Office Admin Manager 12 $120-$140 Hydrogeologist I 10 $75-$90 Office Administrator 10 $85-$100 Sr.Scientist/Biologist 15 $135-$160 Sr Admin Assist 8 $65-$85 Scientist/Biologist IV 14 $125-$135 Admin Assistant 6 $60-$75 Scientist/Biologist III 13 $100-$120 LAN Admin'I 11 $90 Scientist/Biologist II 11 $90-$110 Library Specialist 9 $70 Don Weitkamp, PhD 21 $196 Direct project expenses, reproduction costs,and subconsultants are billed at cost plus 10%. Vehicle mileage billed at federal government rates. Parametrix will increase billing rates by approximately 4%on April 1,2009. • I. 113-2008 Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT.In addition,the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit I Revised 6)05 I y Exhibit M-1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am RZA1: {?k[. and duly authorized representative of the firm of Parametrix,Inc. whose address is 1231 Fryar Avenue,PO Box 460,Sumner,WA 98390 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure the AGREEMENT; (b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT;or (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution,donation,or consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation in '41w• connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and ivi Date Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 IMMO11. Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Renton Washington,and that the consulting firm or its representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain,or agree to employ to retain,any firm or person;or (b) Pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or consideration of any kind;except as hereby expressly stated(if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation,in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. Date Signature DOT Form 140-089 EF Exhibit M-1(b) Ntlid Revised 6/05 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state,or local)with commission of any of the offenses enumerated in paragraph(I) (B).of this certification;and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. `trim II. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Consultant(Firm): Parametrix,Inc. (Date) (Signature)President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6105 sir. Nad Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: 1.No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Finn): Parametrix,Inc. t(- (-D 411 (Date) (Signature)President or Authorized Official of Consultant NIS DOT Form 140-089 EF Exhibit M-3 Revised 6/05 S , Or CITY OF RENTON COUNCIL AGENDA BILL AI #: tp t (/`.. Submitting Data: For Agenda of: Dept/Div/Board.. PW/Utility Systems/Surface Water December 1, 2008 Staff Contact Ron Straka, Surface Water Agenda Status Supervisor(ext. 7248) Steve Lee, Surface Water Engineer (ext. 7205) Consent X Subject: Public Hearing.. Engineering Consultant Agreement with Parametrix, Correspondence.. Inc. for the Elliott Spawning Channel Reconstruction Ordinance Project Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Engineering Consultant Agreement Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $ 72,730.00 Transfer/Amendment Amount Budgeted $ 72,730.00 Revenue Generated ttkiir' Total Project Budget $251,006.00 City Share Total Project SUMMARY OF ACTION: The Elliott Spawning Channel was constructed along the Cedar River approximately 8 years ago as mitigation for dredging the lower Cedar River immediately downstream of the Williams Avenue Bridge to the mouth of the Cedar River. After the November 6, 2006 storm event, the Cedar River flows reached a Phase IV Flood Level status with a flow-rate in excess of 6,000 cfs. The flood caused damage on the Elliott Spawning Channel including bank scour, removal of channel gravel, fine sediment deposition in the channel and large woody debris to be dislodged downstream. FEMA approved the Flood Damage Reconstruction grant($251,006) to provide funding for repairing the damages to the facility. Surface Water Utility requests approval of the engineering consultant agreement to assist in the design and preparation of the construction contract documents for the repair of the channel. The consultant agreement includes surveying, engineering, and design services for the Elliott Spawning Channel Reconstruction project. The consultant contract amount for this project is $72,730.00. The approved 2008 Surface Water Utility Capital Improvement Program budget for this project is $251,006. Parametrix, Inc. was selected from the 2008 Utility Systems Annual Consultant Roster and has successfully provided the City consulting services in the past. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement with Parametrix, Inc., in the amount of$72,730.00, to assist with the implementation of the Elliott Spawning Channel Reconstruction project. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-9998 Elliott Channel 2006 FEMA Repair Project\1300 Consultant Corr\Contract\080718-2008_PMX Agenda Bill.doc\SLtp C. • ®� + PUBLIC WORKS DEPARTMENT O� MEMORANDUM DATE: November 13, 2008 TO: Marcie Palmer, City Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Administrator67)A STAFF CONTACT: Ron Straka, Surface Water Utility Engineering , upervisor (ext. 7248) Steve Lee, Surface Water Utility Engineer(ext. 7205) SUBJECT: Engineering Consultant Agreement with Parametrix, Inc. for the Elliott Spawning Channel Reconstruction Project ISSUE: Should the City enter into an engineering consultant agreement with Parametrix, Inc., in the amount of$72,730.00, for the engineering and design of the Elliott Spawning Channel Reconstruction project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement with Parametrix, Inc., in the amount of$72,730.00, for the engineering and design of the Elliott Spawning Channel Reconstruction project. BACKGROUND SUMMARY: The Elliott Spawning Channel was constructed along the Cedar River approximately 8 years ago as mitigation for dredging the lower Cedar River immediately downstream of the Williams Avenue Bridge to the mouth of the Cedar River. The spawning channel was very successful for the first five years providing clean, protected gravel for large numbers of spawning sockeye salmon. During the November 6, 2006 storm event, the Cedar River flows reached a Phase IV Flood emergency status with a flow-rate in excess of 6,000 cfs. With flows exceeding 6,000 cfs, the Elliott Spawning Channel's inlet berm was overtopped by the excessive Cedar River flows that caused bank scour, channel avulsions, channel gravel bottom to be removed, fine sediment to be deposited on top of remaining gravels, large woody debris to be dislodged downstream, and planted vegetation to be lost. In addition, the top few feet of the permeable inlet berm was sheared away, which allows more frequent storm events to overtop the berm and Council/Elliott Spawning Channel November 13, 2008 Page 2 of 2 continually cause damage to the Elliott Spawning Channel. Immediately following the '" ad high flow event on the Cedar River, the City sought assistance from the Federal Emergency Management Agency (FEMA) for grant funding to assist in repairing of the spawning channel. FEMA approved a flood disaster on February 21, 2008, in the amount of$251,006, to fund the cost of the repairs to the facility. Parametrix, Inc. was selected from the approved 2008 Annual Consultant Roster to assist the City with producing plans and specifications. The attached scope of work includes the consultants' proposed services for surveying, engineering, design, limited engineering support during bidding, and bid document deliverables including permitting. Design services to be provided by the consultant include hydrologic/hydraulic analyses, final design construction drawings production, HPA permitting, development of a special provisions specification, and an engineer's cost estimate to complete the project. The consultant contract amount for this project is $72,730.00. The approved 2008 Surface Water Utility Capital Improvement Program budget for this project is $251,006. Parametrix, Inc. was selected from the 2008 Utility Systems Annual Consultant Roster and has successfully provided the City consulting services in the past. CONCLUSION: The Surface Water Utility recommends the approval of the Engineering Consultant Agreement with Parametrix, Inc., in the amount of$72,730.00, to implement the Elliott ' Spawning Channel Reconstruction project. The Surface Water Utility has sufficient funding to support implementation of this project in the 2008 Capital Improvement Program budget. cc: Lys Hornsby, Utility Systems Director File H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-9998 Elliott Channel 2006 FEMA Repair Project\1300 Consultant Corr\Contract\080718-2008_PMXlssuePaper-Ver2.doc\SLtp ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT,made and entered into on this ,day of , 2008,by and between the CITY OF RENTON,WASHINGTON,A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and Parametrix,Inc.whose address is 411 108th Avenue,Bellevue,WA 98004-5571, at which work will be available for inspection,hereinafter called the "CONSULTANT." PROJECT NAME: ELLIOT SPAWNING CHANNEL RECONSTRUCTION PROJECT WHEREAS,the City has not sufficient qualified engineering employees to provide the engineering within a • reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents,that it is in full compliance with the statutes of the State of Washington for registration of professional engineers,has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS,the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. • NOW THEREFORE,in consideration of the terms,conditions,covenants and performances contained herein below, the parties.hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish,and hereby warrants that it has,the necessary equipment,materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary,in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans,to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications,including,but not limited to the following: *rr Monuments and Settings\johnsjea\Desktop\2008_Consultant-Contract.doc\msoffice 1 Piazza/Data_Center/Forms/City/Contracts /2007_Consultant_doc Approved 06/07 bh/rev06/07 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road,Bridge,and Municipal Construction," as amended by Renton Standard Specification. Noid 2. WSDOT/APWA, "Standard Plans for Road,Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual,Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S.Department of Transportation,Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards,and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual,Sections 1.2 and 1.3 of Chapter 1, and Chapters 3,4, and 5. • 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies,specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated „aid to perform any such field studies. C:\Documents and Settings\johnsjea\Desktop\2008_Consultant-Contract.doc\msoffice 2 Piazza/Data_Center/Forms/City/Contracts /2007_Consultant.doc Approved 06/07 bh/rev06/07 IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT err Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by.the Consultant to the City upon completion of the various phases of the work. All such material, including working documents,notes,maps,drawings,photo,photographic negatives,etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B,Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed,the Consultant is delayed in the performance of its services by factors that are beyond its control,the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. Itare C:\Documents and Settings\johnsjea\Desktop\2008_Consultant-Contract.doc\msoffice 3 PiazzalData_Center[Forms/City/Contracts /2007_Consultant.doc Approved 06/07 bh/rev06/07 Ainimmoommir VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provide, hereinafter as specified in Exhibit C,Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor,materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time(days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed$72,730.00 without a written amendment to this contract,agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost,overhead, and direct non-salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit C are determined as 189.11 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including,but not limited to travel,reproduction,telephone, supplies,and fees of outside consultants. • The direct non-salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non-salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee,which represents the Consultants profit shall be 12 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant,,the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements,for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII"EXTRA WORK"). C:\Documents and Settings\johnsjea\Desktop\2008_Consultant-Contract.doc\msoffice 4 pip 77 /Data_Center/Forms/City/Contracts /2007_Consultant.doc Approved 06/07 bh/rev06/07 A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees,the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature,related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not,however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection,by the City, for a period of three years after final payment,the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon,these records. If any litigation,claim or audit is started before the expiration of the three-year retention period,the records shall be retained until all litigation,claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein,when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised,the Consultant shall make such revisions,if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. Nosy VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. • IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission,percentage,brokerage fee,gifts or any other consideration,contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover,the full amount of such fee,commission,percentage,brokerage fee,gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the vim,, Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any C:\Documents and Settings\johnsjea\Desktop\2008_Consultant-Contract.doc\msoffice 5 Piazza/Data_Center/Fomts/City/Contracts /2007_Consultant.doc Approved 06/07 bh/rev06/07 and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees,while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage,on a full or part-time basis, or other basis,during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the • employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement,the Consultant finds it necessary to increase its professional,technical, or clerical staff as a result of this work,the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client,employee or applicant for employment or for services because of race,creed, color,national origin,marital status, sexual orientation, sex, age or handicap except for a bona fide occupational qualification with regard to,but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's;rates of pay or other forms of compensation; selection for training;rendition of services. The Consultant understands and agrees that if it violates this Non Discrimination provision,this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future,unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI • TERMINATION OF AGREEMENT Nird A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10)days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member,partner or officer of the Consultant, or any of its supervisory personnel assigned to the project,the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement,if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City,if the City so chooses. • In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the Consultant,with the City's concurrence, desire to terminate this Agreement,payment shall be made as set forth in Subsection C of this section. C:\Documents and Settings\johnsjea\Desktop\2008_Consuttant-Contractdoc\msoffice 6 Piazza/Data_Center/Forms/City/Contracts /2007_Consultant.doc Approved 06/07 bh/revOG/07 C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination.of the Agreement,plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete 'Nomeis to the total work required by the Agreement. In addition,the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten(10)days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above,then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant,the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or of a type which is usable to the City at the time of termination,the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans,reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Norse . F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. X11 DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for detemunation to the Director of Planning/Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement,both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed inaccordance with the laws of Washington. C:\Documents and Settings\johnsjea\Desktop\2008_Consultant-Contract.doc\msoffice 7 Piazza/Data_Center/Forms/City/Contracts /2007_Consultant.doc Approved 06/07 bh/rev06/07 The Consultant agrees to indemnify,defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions,or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims,demands or suits basec„vid upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and(b)the City, its agents, officers and employees,this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below: The Consultant shall secure general liability,property damage,auto liability, and professional liability coverage in the amount of$1.0 million, with a General Aggregate in the amount of$2.0 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton will be named as Additional Insured(s)on (CONTRACTOR'S)policy,with that coverage being primary and non-contributory with any other policy(ies)available to the City. A copy of the endorsement shall be provided to the City. The limits of said insurance shall not, however,limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form,and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M.Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days'written notice shall be given to.the City prior to the cancellation of any policy. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within.3f days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved 'Net by the City. If the City's Risk Manager has the Declaration page(s)on file from a previous contract and no changes in insurance coverage has occurred,only the Certification Form will be required. The Consultant shall verify, when submitting first payment invoice and annually thereafter,possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request,that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide,and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. XIV SUBLETTING OR ASSIGNING OF CONTRACTS • The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. Nied C:\Documents and Settings\johnsj ea\Desktop\2008_Consultant-Contract.doc\msoffice 8 Piazza/Data_Center/Forms/City/Contracts /2007_Consuitant.doc Approved 06107 bh/rev06/07 XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans,specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement,representation,promise, or agreement not set forth herein. No changes, amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. • The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE • This Agreement may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the Request for Qualifications,and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. NSULTANT� t CITY OF RENTON ai-IAA& s-t-c.) Signature Date Denis Law,Mayor Date (2eYfif2A-- tilt 1261..SAci type or print name ATTEST: 0,P- / Th � 2 Title Bonnie I.Walton,City Clerk C:\Documents and Settings\johnsjea\Desktop\2008_Consultant-Contract.doc\msoffice 9 PiA»a/Data_Center/Forms/City/Contracts /2007_Consultant.doc Approved 06/07 bh/rev06/07 EXHIBIT 'A' SCOPE OF WORK City of Renton Elliot Spawning Channel Repair Project The Elliot Spawning Channel was constructed along the Cedar River 8 years ago as mitigation for dredging at the mouth of the river near the Renton Airport. The spawning channel was very successful, providing clean,protected gravel for large numbers of spawning sockeye salmon. Several large floods, including the November 6,2006 flood, caused significant damage to the spawning channel, shearing away the top few feet of the permeable channel inlet berm,plugging up the berm in the inlet side,and depositing large volumes of fine sediment over the gravel. Additionally, several areas of the channel banks were eroded. The City of Renton requested Parametrix to provide a scope and budget to develop plans and specifications to repair the spawning channel to its original design. The tasks below describe our proposed approach for this project, as well as our general assumptions. Any changes to these assumptions could result in a budget modification. Key Project Team Members Erin Nelson—Project Manager/Sr. Engineer David Sherrard—Permitting Lead Dave Peebler—Surveying Lead Paul Conrecode—Lead Biologist(sub-consultant) The scope of work associated with each work task is as follows. Task 01 — Survey Measurable Task Objectives The objective of this task is to evaluate the existing conditions relative to the original spawning channel design,particularly in the inlet area where approximately 2 to 2.5 feet of material was sheared off the inlet berm in the November 2006 storm. The topographic survey will form the basis for redesigning the berm to its former elevation, and determining the design/specifications/plans needed in the upper 1100 to 1200 feet of the Elliot channel to restore the channel to its original engineering design. Approach The field survey will involve two main components: evaluation of the existing berm elevation relative to design elevation, and evaluation of the existing spawning channel conditions. Evaluation of the existing channel conditions will include physical measurements of depth of fine sediment in riffle and pool sections, determining slope of channel for the upper inlet area to station 12+00 downstream, determining City of Renton 558-1779-XXX Elliot Spawning Channel Repair I November 2008 Scope,Schedule and Budget SCOPE OF WORK (CONTINUED 'oitroe areas of bank erosion,and other features that will require rehabilitation. The channel conditions will be evaluated by an engineer/geomorphologist and biologist who will stake particular locations that need to be picked up by the survey crew. Following completion of the channel evaluation, a survey crew will conduct a topographic survey of the berm area, and will survey stake locations marked by the engineer/geomorphologist and biologist team with the majority of surveying to occur in the upper 1,200 feet of channel near the inlet berm. Assumptions The following assumptions are included with this task: o Survey of horizontal and vertical datums and benchmarks to be used shall be the same as original surveyed data on the Army Corps of Engineers (ACOE)mitigation plans. o Locations surveyed by the ACOE and depicted on the original CADD design drawings will be easily located in the field and available as control points for the survey. o The survey crew will complete the survey in two 8-hour days. If extra survey hours are required, then those hours will be approved by the City prior to conducting work. These hours under "assumptions"are the best estimate of survey work required by the Consultant to stay within the survey budget specified for this project. The survey will include developing a topographic survey of the upper 1200 feet of the Elliot Spawning Channel with the centerline,bottom of channel slope,top of channel slope, centerline(every 40-feet at the minimum), avulsed areas,ordinary high water mark(OHWM)and berm top/toe features surveyed(as well as surveying a minimum of 3 elevation points 20-feet waterward of the toe of the permeable inlet side of the berm that faces the Cedar River in order to produce a topographic ground survey). Points waterward of the toe of the berm may be adjusted if water levels in the Cedar•River are too deep to safely survey these locations. The survey to be conducted at the levee/berm will assist in determining the amount of fine sediments to excavate on the Cedar River side of the berm as well as determining the amount of riprap needing to be placed in order to provide a greater level of protection from Cedar River flows. o The engineer/geomorphologist and biologist field team will require half.a day in the field to evaluate existing channel conditions and to locate the ordinary high water mark(OHWM)prior to surveyors conducting existing conditions survey Deliverables Deliverables include developing a topographic survey of the levee and from station 00+40 to approximately station 13+00. An electronic survey in cadd will be provided to the City to assist in developing the design drawings scoped under Task 3. Task 02 — Hydraulic Analysis Measurable Task Objectives City of Renton 558-1779 XXX Name Elliot Spawning Channel Reconstruction 2 November 2008 Scope,Schedule and Budget SCOPE OF WORK (CONTINUED) The objective of this task is to use the existing project hydraulic model to determine an elevation for the top of the berm and analyze upstream and downstream area impacts associated with raising the berm. Approach An existing hydraulic model (HEC-2)will be converted to HEC-RAS and used to evaluate the elevations for which overtopping would occur for specific flows in the river along with evaluating differing berm/levee elevations. Additionally,potential upstream or downstream impacts,such as berm/trail use, and bank stability that could result from raising the berm will be evaluated. A decision will be made by the City of Renton as to the desired frequency of overtopping,and the corresponding flow rate and elevation. Assumptions • The following assumptions are included in this task: o An existing hydraulic model will be used for this task. The model is assumed to be relatively indicative of current conditions and will not require updated cross-sections or other updated information. If major model changes are required,then the extra work will be proposed by the Consultant for City approval prior to conducting the work. o The City of Renton will make the existing model and accompanying figures showing cross section locations and general assumptions available to Parametrix for this task_ o The City will provide one set of consolidated review comments on the draft technical memorandum. o Following review of the model,Parametrix will discuss berm elevations with the City of Renton, and will recommend a preferred elevation to repair the berm. Deliverables One draft and one final technical memorandum(5 pages or less)shall be presented to the City for this task.The memorandum will describe existing model assumptions,the recommended berm elevation, potential impacts from raising the berm, and potential deficiencies in some of the assumptions. Task 03 — Construction Plans and Specifications Measurable Task Objectives The objective of this task is to produce design drawings and bid documents for contractors to bid on the construction work. Approach 558-1779.M City of Renton November 2008 Elliot Spawning Channel Reconstruction 3 Scope,Schedule and Budget • SCOPE OF WORK CONTINUED The design documents will be based on the original Army Corps of Engineers design drawings. If original electronic drawings•are not available for use,the paper copies will be scanned and "rubber- sheeted"to control points picked up by the survey crew. These drawings will form the base maps for the new documents. Existing survey data and descriptions of construction tasks will be shown on the plans in several sheets including grading(2 sheets),design details(2- 3 sheets, including channel profile), and construction sequencing or temporary erosion and sediment control(TESC)plan(1 sheet). Assumptions The following assumptions are included in this task: o The plan set will consist of no more than 7 sheets. o If electronic CADD drawings are not available from the Army Corps of Engineers,a clean fulI- size plan set will be provided to Parametrix for scanning purposes. Electronic drawings are preferred,if they are available. o One draft plan set, and one final plan set will be prepared for review. o The City of Renton will provide one consolidated set of review comments on the draft design drawings. o With the exception of anchoring habitat logs in the channel and potentially raising the berm 1-to • 2.5-feet above the original berm height(depending on the hydraulic analysis and technical Norw memorandum results),there will be no other major changes to the original spawning channel design. o The City of Renton will develop the bid documents manual to advertise for construction. o A planting plan will not be developed for this project. The original planting plan will be used by the City to revegetate the project area following construction. Deliverables The following deliverables are associated with this task: o One DRAFT set of design drawings in electronic format. o WSDOT(2006) and City of Renton Special (2006) construction specifications with special provisions,bid items schedule of prices, and engineering cost estimate per the bid items will be provided with the final plan set. o One FINAL set of design drawings and specifications in electronic and printed format. Specifications and engineer's cost estimate will be included with the final set of design drawings. City of Renton 558-1779-XXX NOW Elliot Spawning Channel Reconstruction 4 November 2008 Scope,Schedule and Budget Mel 11. • SCOPE OF WORK (CONTINUED) ,0100 Task 04—Project Permitting Measurable Task Objectives The objective of this task is to prepare and obtain environmental permits for project construction. The following permits or approvals are anticipated: o SEPA Environmental Checklist may be exempt since this is a maintenance project to repair an existing facility. The SEPA checklist is not scoped for this project. If it turns out that a SEPA checklist is required, additional scope and budget may be necessary. o WDFW Hydraulic Project Approval for in-water work. o U.S.Army Corps of Engineers Section.404 Nationwide Permit for dredge and fill activities associated with maintenance. o Shoreline Management Act shoreline permit. It is assumed that a shoreline permit will not be needed for this project because the original restoration was completed under a previous shoreline permit, and this rehabilitation project may be exempt. o Endangered Species Act Section 7 Biological No Effects letter. o Ecology Section 401 Water Quality Certification. Approach Following completion of the draft design drawings,permit applications will be prepared including the JARPA(Joint Aquatic Resource Protection Application)that serves as application for the Corps and WDFW permits. The design drawings will be modified into the format(8 1/2 x 11 sheets) specified in the permit application. We do not anticipate the need for a NPDES construction permit, as the disturbed project site is under 1 acre in-size. Assumptions: • The following assumptions are associated with this task: o An NPDES construction permit will not be required for this project. o A Biological Assessment will not be required for this project,however, a"no effect letter"will be prepared. o No more than 5 plan sheets will be required for the JARPA application with the plan sizes in the format as required by the JARPA application o The City of Renton will provide one consolidated set of review comments on the draft permit applications. 558-1779-XXX i City of Renton 5 November 2008 rllr Elliot Spawning Channel Reconstruction Scope,Schedule and Budget SCOPE OF WORK CONTINUED) Deliverables The following deliverables are associated with this task: o One DRAFT set of permit applications in electronic format. o One FINAL set of permit applications in paper and electronic formats. Task 05 — Project Management Measurable Task Objectives The objective of this task is to manage the scope,budget and schedule of the project and provide regular communication with the client and project sub-consultants on project progress. Approach • The project manager will provide regular communications with the client and sub-consultant, including monthly progress letters describing the work completed, and budget and schedule status. Assumptions The following assumptions are associated with this task: *` o The duration of this project is expected to last 8 months. o Eight monthly progress letters will be submitted to the client. o Bi-weekly phone calls will be made to the client and sub-consultant to discuss schedule,budget, and progress. o This task includes one client meeting. Deliverables The following deliverables are associated with this task: o Eight monthly progress letters. City of Renton 558-I 779-XXX Elliot Spawning Channel Reconstruction 6 November 2008 Scope,Schedule and Budget SCOPE OF WORK (CONTINUED) EXHIBIT B Schedule PARAMETRIX is ready to begin work on this project within 2 weeks of receiving Notice to Proceed. This scope and schedule is valid from outlinethe � of our projectede we receive eNotice s heduleto assocoi ted roceed through February 28, 2009. The following is with the deliverables described above. Task/Deliverable Schedule -Engineer/field biologist conduct initial Within 3 weeks of receiving Notice to Proceed physical channel survey Perform survey of berm (top/toe on both Within 1 week of initial field survey sides of berm), and pick up points from engineer/biologist field survey Review existing hydraulic analysis and Within 2 weeks of final field survey recommend berm elevation Draft design drawings Within 6 weeks of final field survey Final design drawings Within 3 weeks after receiving review comments from the City of Renton Draft permit documents Within 4 weeks of completing draft design drawings Final permit documents Within 2 weeks of receiving review comments from the City of Renton 558-1779-XXX City of Renton November 2008 Elliot Spawning Channel Reconstruction Scope,Schedule and Budget SCOPE OF WORK CONTINUED • EXHIBIT C Budget PARAMETRIX will complete the above work for an estimated cost of $72,730 based for an estimated project extension of 8 months. Costs will be invoiced on a time-and-materials basis. The attached EXCEL spreadsheet provides the level of effort and estimated budget for each work task. • City of Renton 558-1 779XXX Elliot Spawning Channel Reconstruction 8 November 2008 Scope,Schedule and Budget PARAMETRIX Fenn Ot.P0-/1ai.v.One CLIENT: City of Renton Exhibit C PROJECT: Cedar River Spawning Channel Repair STAFF O.M Shorted Erin Nino .1e1 Dealer e���TANT e.e.vl n4 e.dq RanYpr Owe Feebler 6W.aka - ., Oaumvd germ Wont STAFF CATEGORY Nora Test Lead Senior En9ber ONOO Enol. eldog4t Coo�naly Meow 11 Project Surveyor Survey Tech Survey Crew GADO IMHemva cAen:ay9at 011051ES $154.21 5140.03 5126.00 5100.00 $67.45 $10936 5149.70 571.55 5155.01 5125.60 510.09 566.65 HOURS CAST Task 1 Surveying J Subtotal 112 513,962 Survey Physical Characteristics dSpawning channel 6 _ 6 $1,120 Subcwnsullanl 8 a $800 Survey inlet Berm vicinity I 32 32 32 I I 96 512.042 Subtotal 02 $4144 Task 2 Hydraulic Analysis Review existing hydraulic analysis 6 4 1 i 11 51,440 Evaluate upstream and downstream Impacts From potentially raising bene 24 4 I 29 53,960 • Tech Memorandum 16 1 1 ( 1- ( 2 2 22 52,744 Teak 3 Design Drawings 1 SubtoW 254 533242 Sean existing plan sheets(eubccvsufanl) + , $600 Prepare drill design plans 35 10 10 1 75 130 $16,601 Find plans 18 5 1 75 1 90 652,300 Specifications end Estimate I 20 5 3 I 28 53,741 Subtotal 107 511,671 Teak 4 Permitting • Prepare Applications JARPAseI 4 4 16 1 6 i6 4 8 61 98.593 Coordination alter DARPA Submittal 2 2 3280 IISACOESecion404 2 2 2 I 16 $699 WOFW HPA 2 2 2 4 I 10 $1,201 ESA Section 7 NO EFFECT LETTER(subcensultani 2 24 2 I I 28 $2,899 Task 5 Project Manageamnt Subtotal 44 $5,320 Monthly Repans2ScnpelBudgel Mgml 18 16 32 53,640 • Client Meetings e 6 $840 Agency Meetings(HPA) 6 I I 6 56411 Labor Subtotal 1 4 3 105 29 85 rI B + 10 x579 572,340 In-House Expense Item link coat ----- - -- 1' sate i oto jy� �+'-lfi r il', ,`,!-Y-771..',...1;, ,,`.' os 1 '.+' te .r s ZF!t1.r�i„ e 'i.�S 1 220 5129Meaa $0.585 n tis.;,� ' 7.�t, $+Uris1,T fg 1tn '� { , `y 100 f1g2{r L t ..;,...,,,,),,,:_,` ,,,7.4.,,---(1;4.,,,:o?{at.+.t1 'cKf' r� 4I � '� `PlpbmpNe $0.10 ti,y.1e,i1F, ',r .12'ii .l, ' ,4r5p+� 4v ” S` f aabgi•P 2t 1. '7„t i ,';'-':•:,,i, PyfOY'L ,, t ,. r N25 525 check paints $1.00 . x . '. K ,'4 -'1'....,:'..7r.• ' ` ” "r 'i,'r-14,,,',-,;-.:'''F// z Ls,,`141:,,Li tA',-,. 19T,_,;ttK , ,LTx �-�- a 150 $225 Plo* $1.50 :r f n s ,' t t g14'i' r ;)M 13 r F .;" gH . n4yTcii $ �p,3 ' � rti��Nr^" 5769Expense Subtotal ^,x- 3.1.61-P1/41..COS $72,728 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTER-AGENCY AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES FOR THE PURPOSE OF ALLOWING THE CITY OF RENTON TO CONTRIBUTE FUNDING TO THE LAKE WASHINGTON DRY DOCKS REMOVAL PROJECT. WHEREAS, since 2005, the City has been working with the State of Washington Department of Natural Resources (DNR) on the removal of two derelict and abandoned drydocks on Lake Washington off shore from Quendall Terminals; and WHEREAS, the City has been asked by the DNR to contribute $200,000 of the approximate $3,000,000 cost for removal of the drydocks; and WHEREAS,the parties wish to memorialize the City's contribution in writing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, Nr.r WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorizing to enter into the Inter-Agency Agreement with the State of Washington Department of Resources, Agreement No. IAA 09-38, for the purpose of allowing the City of Renton to contribute funding to the Lake Washington Dry Docks Removal Project. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES::11/25/08:scr ,4001 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. 1387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY METRO TRANSIT REGARDING THE KING COUNTY METRO ROUTE 110 PARTNERSHIP AGREEMENT. WHEREAS, there is a current need for mid-day, off-peak service to large employment sites and attractions in Renton; and WHEREAS, King County Metro Transit has proposed an agreement that would extend thirty (30) minute service between the hours of 9:00 AM and 3:00 PM by adding twenty-five (25) additional trips to Route 110 and extend the route to the south to S.W. 27th Street and to the north to Gene Coulon Park; and WHEREAS, the agreement would be a cost sharing arrangement with the City paying one-third of the annual estimated cost in year one of $199,743.57, the full year cost estimated to be $599,230.71; and WHEREAS, over the five year life of the agreement the total cost to Renton would be $998,717.85; and WHEREAS, it is in the best interest of the citizens and business within the City to sign this agreement to provide the expanded service on King County Metro Route 110; 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. 1 RESOLUTION NO. 1387 SECTION II. The Mayor and City Clerk are hereby authorized to enter into the inter-local agreement entitled Transit Service Direct Financial Partnership Agreement By and Between King County and the City of Renton, Washington. 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 Ned Approved as to form: Lawrence J. Warren, City Attorney RES.13 87:11/17/08:scr 2 CITY OF RENTON, WASHINGTON `"' ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, PROVIDING FOR THE 2008 YEAR END BUDGET AMENDMENTS. SECTION I. The appropriations and revenues for the following funds are hereby amended as follows: 2008 Adjusted 2008 Final REVENUE Appropriation Amendment Appropriation Fund 001 COMMUNITY SERVICES 13,968,543 40,487 14,009,030 Fund 004 CDBG 419,700 (142,956) 276,744 Fund 316 MUNICIPAL FACILITIES CIP 3,885,378 2,328,040 6,213,418 Fund 317 TRANSPORTATION CIP 40,489,029 3,076,771 43,565,800 Fund 318 SO LAKE WA INFRASTRUCTURE 1,828,255 1,492,956 3,321,211 Fund 405 WATER OPERATIONS 11,198,746 6,760,244 17,958,990 Fund 406 WASTEWATER OPERATIONS 5,590,812 3,690,666 9,281,478 +tillso, — Fund 407 SURFACE WATER OPERATIONS 4,822,834 2,664,694 7,487,528 Fund 501 EQUIPMENT RENTAL 6,381,575 (550,000) 5,831,575 TOTAL REVENUE $ 88,584,872 $ 19,360,902 $ 107,945,774 2008 Adjusted 2008 Final EXPENDITURE Appropriation Amendment Appropriation Fund 001 COMMUNITY SERVICES 14,357,342 50,487 14,407,829 Fund 004 CDBG 8,837,279 (142,956) 8,694,323 Fund 305 TRANSPORTATION IMPACT MITIGATION 2,223,229 3,076,771 5,300,000 Fund 316 MUNICIPAL FACILITIES CIP 16,729,745 2,328,040 19,057,785 Fund 317 TRANSPORTATION CIP 46,428,715 46,425,715 Fund 461 WATERWORKS BOND RESERVE 83,244 3,208,114 3,291,358 Fund 501 EQUIPMENT RENTAL 7,359,868 331,390 7,691,258 TOTAL EXPENDITURE $ 96,019,422 $ 8,851,846 104,871,268 2008 Adjusted 2008 Final NET ADJUSTMENT Appropriation Amendment Appropriation *Noe TOTAL REVENUE ADJUSTMENT $ 88,584,872 $ 19,360,902 $ 107,945,774 1 ORDINANCE NO. TOTAL EXPENDITURE ADJUSTMENT $ 96,019,422 $ 8,851,846 $ 104,871,268 4.1104 TOTAL NET ADJUSTMENT $ (7,434,550) $ 10,509,056 $ 3,074,506 SECTION II. The monies for the budget amendments shown in Section I are derived from available fund balances or increased revenues as described in Attachment A. SECTION III. This ordinance shall be effective upon its passage, approval, and five 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. Ned Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date Published: ORD:1523:11/24/08:scr 11/24/20089:17 AM CITY OF RENTON 2008 Budget Adjustment Request Attachment A Now Ordinance# Expenditure Budget Revenue Budget Change in Fund Adjustment Adjustment Balance General Governmental Funds Community Services Fund 001 One time maintenance costs-Contracted Survey Costs for Cascade Park related to Benson Hill Annexation. 10,000 Funded via Beginning Fund Balance (10,000) Excess Staff Costs for Summer Programs 24,544 Renton Housing Authority Summer Programs 24,544 Summer Teen Musical Expenditures 15,943 Donations-Summer Teen Musical 15,943 Total Community Services Fund 001 50,487 40,487 (10,000) CDBG Fund 004 Adjust Per Contract (142,956) Adjust Per Contract (142,956) Total CDBG Fund 004 (142,956) (142,956) Total General Governmental Funds (92,469) (102,469) (10,000) Capital Funds Municipal Facilities CIP Fund 316 City Hall/Facilities adjustment to accommodate BH Annex 2,253,040 King County Annexation Contribution 1,209,000 Transfer In Benson Hill Facility Budget from Fund 001 494,040 Re-allocation of Annexation Sales Tax Revenue from 501 550,000 Burnett Linear Park Phase II 75,000 Transfer in from Fund 317 75,000 Total Municipal Facilities CIP Fund 316 2,328,040 2,328,040 Transportation Fund 317 Burnett Linear Park Phase II Transfer to 316 75,000 Road/Street Construction (75,000) Transfer in from Fund 305-Budget Correction 3,076,771 3,076,771 Total Transportation Fund 317 - 3,076,771 3,076,771 Transportation Mitigation Fund 305 Transfer out to Fund 317-Budget Correction 3,076,771 Fund Balance (3,076,771) Total Transportation Mitigation Fund 305 3,076,771 - (3,076,771) South Lake WA Fund 318 Correct carry-forward adjustment entries: Sales Tax 131,034 Real Estate Excise Tax 1,096,176 Economic Devl Adm Grant 347,849 CTED State Grant 500,000 Developer Reimbursement (582,103) 441111, Fund Balance 1,492,956 Total South Lake WA Fund 318 - 1,492,956 1,492,956 Total Capital Funds 5,404,811 6,897,767 1,492,956 H:\FINANCEWDMINSUP\03_Ordinances_Resolutions\2008 Budget ordinances\2008 Year End Ordinance Summary Attachment A.xls 1of2 11/24/20089:17 AM i CITY OF RENTON 2008 Budget Adjustment Request Attachment A Ordinance# Nod Expenditure Budget Revenue Budget Change in Fund Adjustment Adjustment Balance Water Fund 405 2008 Revenue Bond Proceeds 4,854,670 Transfer In from Waterworks Bond Reserve Fund 461 1,905,574 Fund Balance 6,760,244 Total Water Fund 405 - 6,760,244 6,760,244 Wastewater Fund 406 2008 Revenue Bond Proceeds 2,873,172 Transfer In from Waterworks Bond Reserve Fund 461 817,494 Fund Balance 3,690,666 Total Wastewater Fund 406 - 3,690,666 3,690,666 Surface Water Fund 407 2008 Revenue Bond Proceeds 2,179,648 Transfer In from Waterworks Bond Reserve Fund 461 485,046 Fund Balance 2,664,694 Total Surface Water Fund 407 - 2,664,694 2,664,694 Bond Reserve Fund 461 Transfer out to 405,406,407 3,208,114 Fund Balance (3,208,114) Total Bond Reserve Fund 461 3,208,114 - (3,208,114) Total Water Funds 3,208,114 13,115,604 9,907,490 Equipment Rental Fund 501 Fuel costs exceeding budget. Adj Bud of$1 million versus forecasted total of 1.3 million 331,390 Fund Balance (331,390) Correct Allocation of Annexation Sales Tax Revenue (550,000) Fund Balance (550,000) Total Equipment Rental Fund 501 331,390 (550,000) (881,390) Total Internal Service Funds 331,390 (550,000) (881,390) Grand Total 8,851,846 19,360,902 10,509,056 Nod H:\FINANCE\ADMINSUP\03_Ordinances_Resolutions\2008 Budget ordinances\2008 Year End Ordinance Summary Attachment A.xls 2of2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING A NEW CHAPTER 29, TITLED GRAFFITI CONTROL, RELATING TO PROHIBITION AND REMOVAL OF GRAFFITI. WHEREAS, graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community; and WHEREAS, unless the City acts to facilitate the removal of graffiti from public and private property, the graffiti tends to remain, which can in turn cause other properties to become the target of graffiti, affecting public safety and quality of life in entire neighborhoods; and WHEREAS, enacting this ordinance is to help prevent the spread of graffiti vandalism and provide additional enforcement tools to protect public and private property from acts of Now graffiti vandalism and defacement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Title VI (Police Regulations) of ordinance No. 4260 entitled "Code of General ordinances of the City of Renton, Washington, is hereby amended by adding a Chapter 29, titled Graffiti Control, to read as follows: CHAPTER 29 GRAFFITI CONTROL SECTION 6-29-1 Definitions 6-29-2 Unlawful application of graffiti 6-29-3 Unlawful possession of graffiti implements or paraphernalia— Exceptions lotaw 1 4 ORDINANCE NO. 6-29-4 Restitution— community service 6-29-5 Use of public funds for graffiti removal 6-29-6 Action Against Parent for Willful Injury to Person or Property by Minor— Monetary Limitation— Common Law Liability Preserved 6-29-7 Rewards 6-29-8 Severability 6-29-9 Third Party Liability 6-29-1 DEFINITIONS: The definitions set forth in this Section apply throughout this chapter. A. "Aerosol paint container" means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, dye, or other substances. B. "Felt tip marker" means any indelible marker or similar implement, with a tip at its broadest width greater than one-eighth inch, containing anything other than a solution which can be removed with water after it dries. C. "Graffiti" means any unauthorized inscription, word, figure, painting, design, label, marking, symbol, or other defacement that is marked, etched, scratched, engraved, drawn, painted, sprayed, or otherwise affixed on any surface of public or private property, either natural or manmade; to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is deemed a public nuisance. The owner or occupant cannot authorize a public nuisance. 2 ORDINANCE NO. D. "Graffiti stick" or "paint stick" means any device containing a solid form of paint, chalk, wax, epoxy, or other substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth of an inch in width. E. "Gum label" means any sheet of paper, fabric, plastic, or other substance with an adhesive backing which, when placed on a surface, is not immediately removable. F. "Graffiti implement or paraphernalia" means any aerosol paint container, felt tip marker, graffiti stick or paint stick, gum label, brush, roller, or etching tool or any other device capable of scarring or marking any surface, including but not limited to glass, metal, concrete, or wood; and any piece, design, or scrapbook or drawings illustrating graffiti marks or signs. No"" G. "Owner" means any entity or entities having a legal or equitable interest in real or personal property. H. "Occupant" means a tenant, lessee or renter. I. "Premises open to the public" means all public spaces, including, but not limited to, streets, alleys, sidewalks, parks, and public open space, as well as private property onto which the public is regularly invited or permitted to enter for any purpose, the doorways and entrances to those buildings or dwellings, and the grounds enclosing them. J. "Property" means any real or personal property which is affixed, incidental or appurtenant to real property, including, but not limited to, any structure, fence, wall, sign, or any separate part thereof, whether permanent or not. Nome 3 mow \ t ORDINANCE NO. K. "Responsible public agency" means a public owner, the United States of Nied America, the state of Washington, or any other state, and all political subdivisions thereof, a federal, state, or local department or agency, the director or administrator of a federal, state, or local department or agency who has authority over the public property's maintenance or management. There may be more than one responsible public agency for a particular public property. L. "Responsible private party" means a private owner or occupant, an entity, a person acting as an agent for a private owner by agreement, a person or entity who has authority over the private property, or a person or entity responsible for the private property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, each private owner shall always be a responsible private party for the purposes of this chapter. There may be more than one responsible private party for a particular private property. M. "Unauthorized" means without the prior express permission or consent of a responsible public agency or a responsible private party. 6-29-2 UNLAWFUL APPLICATION OF GRAFFITI: A. It is unlawful for any person to paint, spray, chalk, etch, draw, mark, or otherwise apply graffiti on any natural or manmade surface on a public or, without written permission of the owner or occupant, privately owned: buildings, signs, walls, fences, permanent structures, property, or places or other surfaces within the City. B. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and may be punished by a fine of not more than one thousand 4 ORDINANCE NO. dollars or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. 6-29-3 UNLAWFUL POSSESSION OF GRAFFITI IMPLEMENTS OR PARAPHERNALIA— EXCEPTIONS: A. It is unlawful for any person to have in his or her possession any graffiti implement or paraphernalia, in a manner or under circumstances demonstrating his or her intent to paint, spray, chalk, draw, etch, mark, or otherwise apply graffiti, while: 1. In a public place, or private property without the prior written consent of the responsible private party; or 2. On any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property; or 3. While in or upon premises open to the public, or while in or upon any public facility, playground, recreational facility, or other public building or structure owned or operated by the City or while in or within fifty feet of an underpass, bridge, overpass, pedestrian crossing, bridge abutment, storm drain, retaining wall, transit shelter, or similar types of infrastructure unless otherwise authorized by the City or responsible public agency. B. Exceptions. 1. The proscriptions of Subsection A2 of this Section shall not apply to the possession of broad-tipped markers or other implements by a student attending and actively enrolled in a class which formally requires use of such markers or implements, while the student is attending class or traveling to or 5 ORDINANCE NO. from the school at which the class is being attended. The burden of proof in any prosecution for violation of Subsection B of this Section shall be upon the student to establish the need to possess a broad-tipped marker or other implement. 2. The proscriptions of Subsection A2 of this Section shall not apply to an authorized school employee, volunteer, contractor, or parent of a student attending class at the school. 3. The proscriptions of Subsection A3 of this Section shall not apply to an authorized City employee of the City of Renton or agents thereof, or its contractors or employees of other government agencies working with the City of Renton. C. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and may be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed 90 days or by both such fine and imprisonment. 6-29-4 RESTITUTION— COMMUNITY SERVICE: A. In addition to any punishment specified in this ordinance, the court may order any violator to make restitution to the victim for damages or loss caused by the violator's offense in the amount or manner determined by the court. For purposes of this Section, if the City uses its funds and/or other resources to remove graffiti from city-owned property or, in agreement with the owner, from non-city owned property, the City shall be considered a victim for purposes of restitution. 6 ORDINANCE NO. B. In lieu of, or as part of, the penalties specified in this ordinance, a violator may Nome be required to perform community service as described by the court based on the following minimum requirements: 1. If the Court wishes to impose community service in lieu of other penalties provided herein, the violator shall be ordered to perform at least 30 hours of community service; and 2. The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police or his designee; and 3. Reasonable effort shall be made to assign the violator to a type of community service that is reasonably expected to have the most rehabilitative effect on the violator, such as ,community service that involves graffiti removal. 6-29-5 USE OF PUBLIC FUNDS FOR GRAFFITI REMOVAL: Whenever the City becomes aware of or is notified and determines that graffiti is located on publicly or privately owned property visible from premises open to the public, the City is authorized to use public funds for the removal of graffiti, or for the painting or repairing of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless it is determined in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive 7 ORDINANCE NO. area. All aspects of graffiti removal are at the discretion of the City including, but not limited to the method of and material used for repair. 6-29-6 ACTION AGAINST PARENT FOR WILLFUL INJURY TO PROPERTY BY MINOR— MONETARY LIMITATION— COMMON LAW LIABILITY PRESERVED: The parent or parents of any minor child under the age of eighteen (18) years who is living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, shall be liable to the owner of such property in a civil action at law for damages in an amount not to exceed five thousand dollars ($5,000.00). This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence. 6-29-7 REWARDS: The City may offer a reward not to exceed three hundred dollars ($300.00) for information leading to the identification and apprehension of any person who willfully damages or destroys any public or private property by the use of graffiti. The actual amount awarded (not to exceed $300.00) shall be determined in the discretion of the Chief of Police. In the event of damage to public property, the offender or the parents of any unemancipated minor must reimburse the City for any reward paid. In the event of multiple contributors of information, the reward amount shall be divided by the City in the manner it shall deem appropriate. Claims for rewards under this section shall be filed with the Chief of Police or his/her designee in the manner specified by the Renton Police Department. No claim for a reward shall be allowed unless the City investigates and verifies the 8 ORDINANCE NO. accuracy of the claim and determines that the requirements of this section have been satisfied. 6-29-8 SEVERABILITY: Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Renton hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. 6-29-9 THIRD PARTY LIABILITY: err It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the party of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the ismr 9 ORDINANCE NO. part of the City related in any manner to the enforcement of this ordinance by its officers, employees or agents. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie 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.1493:7/18/08:scr 10 CITY OF RENTON, WASHINGTON Nimie ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION ENFORCEMENT; CHAPTER 2, ZONING DISTRICTS — USES AND STANDARDS; CHAPTER 8, PERMITS — GENERAL AND APPEALS; CHAPTER 9, PERMITS — SPECIFIC; CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS); AND CHAPTER 20, PEDDLER'S LICENSE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," AMENDING THE REGULATIONS REGARDING FARMERS MARKETS, MOBILE FOOD VENDORS, TEMPORARY MERCHANT VENDORS; AND PEDDLER'S LICENSES; ADDING A DEFINITION FOR FARMERS MARKET AND MOBILE FOOD VENDING UNIT, AND AMENDING THE DEFINITION OF RETAIL SALES, OUTDOOR. WHEREAS, farmers markets and produce stands are not outright allowed in the City of Renton in any zone; and Now WHEREAS, the City only allows farmers markets and produce stands through the definition for retail sales, outdoor in the Center Village, Commercial Arterial, Center Downtown, Industrial Light, Industrial Heavy and Industrial Medium zones; and WHEREAS, the Renton Municipal Code has an inconsistency with regard to farmers markets and produce stands due to RMC 4-2-080A.15 which limits the type of outdoor retail sales allowed and farmers markets and produce stands are not listed as allowed uses; and WHEREAS, Washington State Statute RCW 36.71.090 states that agricultural and farmers produce are exempt from licensing requirements; and WHEREAS, the City allows temporary merchant vendors through peddlers license requirements in RMC Title V, Section 20 and limits the zones where they may be utilized, which are inconsistent with existing zones; and �rr 1 4 ORDINANCE NO. WHEREAS, the City seeks to eliminate existing inconsistencies and allow farmers markets in the CD zone whose purpose statement is compatible with permitting farmers markets subject to conditions; and WHEREAS, the City seeks to define mobile food vending unit and change the land use permitting to a temporary use process for mobile food vending within the IL, IM, IH, CA, CV and CD zones; and WHEREAS, the City seeks to provide exemptions for city sponsored events, functions and produce stands; and WHEREAS, this matter was dully referred to the Planning Commission for investigation, study, and said matter having been duly considered by the Planning Commission, and said zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the City Council held a public hearing on June 2, 2008 having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning text amendments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-1-170, Land Use Review Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to add "Temporary Use Permit: Mobile Food Vendors" as an application type category with a twenty-five dollar ($25.00) fee amount as shown in Exhibit A. 2 ORDINANCE NO. SECTION II. Subsection 4-2-080A, Subject to the Following Conditions, of "' Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended so that note 15 reads as follows: 15. Use is limited to building, hardware, and garden. Except in the CD Zone, size restrictions apply per RMC 4-2-120B and farmers markets are permitted. SECTION III. Subsection 4-8-080H, Review Processes, of Chapter 8, Permits — General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," the section entitled "Type I — Land Use Permits" is hereby amended to add "Temporary Use Permit: Mobile Food Vendor" to the list as shown in Exhibit B. SECTION IV. Subsection 4-9-240B, Applicability, of Chapter 9, Permits — tie"' Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by adding a new subsection, to read as follows: 2. City Sponsored Events: The following uses are exempt from permit requirements — city sponsored community fairs, festivals, or events, subject to the approval of the Mayor's office. SECTION V. Note 5 of subsection 4-9-240C, Uses Which May Be Permitted, of Chapter 9, Permits — Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 3 ORDINANCE NO. 5. Mobile food vendors: Vendors shall comply with all standards established by ,410.10 the Seattle-King County Health Department. In addition in the IL, IM, IH, CA, CV and CD zones, mobile food vendors are a permitted use but no licensed vending unit shall remain at the permitted location between 12:00 a.m. (midnight) and 5:00 a.m. on a daily basis except for a special event where a unit is allowed at the same location for up to 72 hours. For all other zones, a temporary use permit is required. SECTION VI. Subsection 4-11-060, Definitions F, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to add a new definition to read as follows: FARMERS MARKET: A public market at which farmers and often other .44101 vendors sell agricultural produce, which includes the sale of flowers directly to consumers. SECTION VII. Subsection 4-11-130, Definitions M, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to add a new definition for "Mobile Food Vending Unit," to read as follows: MOBILE FOOD VENDING UNIT: A use involving sale of retail food or beverages to the public from any vehicle, cart or wagon that is designed to be readily movable. A Mobile Food Vending Unit includes pushcarts, mobile kitchens, hot dog carts, pretzel wagons, or similar uses. 4 ORDINANCE NO. SECTION VIII. Subsection 4-11-180, Definitions R, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended so that the definition of "Retail Sales, Outdoor," reads as follows: RETAIL SALES, OUTDOOR: The display and sale of products and services primarily outside of a building or structure, including but not limited to garden supplies, tires and motor oil, farmers' markets, manufactured homes, burial monuments, building and landscape materials, and lumber yards. This definition excludes adult retail uses, or vehicle sales. SECTION IX. Subsection 5-20-3B.8, of Chapter 20, Peddler's License, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 8. All sales to occur on a parcel of land must be upon property zoned CA and the following must accompany the application: a. Signature of the property owner authorizing use of parcel; b. A site plan showing the location of the sales area, the nearest driveway and the nearest fire hydrant; and SECTION X. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk 5 Ani► ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1488:1 1/2 5/08:scr 6 ORDINANCE NO. 4-1-170 LAND USE REVIEW FEES: A. APPLICATION TYPE: FEE AMOUNT: Additional Animals Permit (annual fee) $50.00 Annexation Expense for postage Annexation by 60% Direct Petition and 50/50 Petition Method $2,500.00 Appeal of Hearing Examiner's Decision, Administrative Decision, or $75.00 Environmental Decision Binding Site Plan $1,000.00 Comprehensive Plan Amendment $1,000.00 Conditional Use Permit: $2,000.00 Hearing Examiner Review $1,000.00 Administrative Review Environmental Impact Statement/Draft and Final 100% of costs of coordination, review and appeals' 'When the City is the lead agency for a proposal requiring an Environmental Impact Statement (EIS) and the Environmental Review Committee (ERC) determines that the EIS shall be prepared, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The ERC shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. The ERC may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the City and applicant after a call for proposals. If a proposal is modified so that an EIS is no longer required, the ERC shall refund any fees collected under this subsection which remain fir' after incurred costs are paid. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this Title relating to the applicant's proposal. The City shall not collect a fee for performing its duties as a consulted agency. The City may charge any person for copies of any document prepared under this Title, and for mailing the document, in a manner provided by chapter 42.17 RCW. Environmental Checklist: $400.00 Less than $100,000.00 project value $100,000.00 or more project value $1,000.00 Environmental review/sensitive lands or lands covered by water, except $1,000.00 minor residential additions or modifications Fence Permit (special) $100.00 Grading and Filling Permit $2,000.00 Lot Line Adjustment $450.00 Manufactured/Mobile Home Park: $500.00 Tentative $2,000.00 Preliminary $1,000.00 Final Open Space Classification Request $30.00 Plats: $1,000.00 Short Plat $2,000.00 Preliminary Plat $1,000.00 Final Plat Planned Urban Development: $2,000.00 Preliminary Plan $1,000.00 EXHIBIT A ORDINANCE NO. Final Plan Rebuild Approval Permit: $500.00 Hearing Examiner Review $250.00 Administrative Review Rezone: $2,000.00 Less than 10 acres $3,000.00 10 to 20 acres $4,000.00 More than 20 acres Routine Vegetation Management Permit $75.00 Shoreline Substantial Development Permit: $500.00 Under$100,000.00 value $1,000.00 $100,000.00 or more value Site Development Plan (Site Plan or Master Plan): $2,000.00 Hearing Examiner Review $1,000.00 Administrative Review Special Permit $2,000.00 Temporary Permit $100.00 Temporary Use Permit: Mobile Food Vendors $25.00 Temporary Permit Sign Deposit (refundable) $25.00 Variance—Administrative $100.00 Variance— Planning/Building/Public Works Administrator or Hearing $500.00 Examiner Waiver $100.00 Nod EXHIBIT A ORDINANCE NO. RMC 4-8-080H Type I — Land Use Permits Type I — Land Use Permits Administrative Review Process App is tbn Subrr ictal: City Stafl DacisiDn? Apraal I)at -ninairon rrt(:nmpla-Fn=.ss iarca: JR-nri -ml' tt H..ti,irw Appaal P rra-1 14 riayr: lin clay.rr -x Type I — Staff Review without Public Notice: • Building and Grading Permits (SEPA exempt) or SEPA/Land Use Permit process completed • Business Licenses for Home Occupations without customer visits/deliveries • Deferrals • Lot Line Adjustments _,. • Minor Adjustments (less than 10%) to a previously approved Site Plan • Modifications (administratively approved) of Various Code Standards • Routine Vegetation Management Permits (SEPA exempt) • Shoreline Exemptions • Temporary Use Permit: Mobile Food Vendor • Waivers • Other SEPA Exempt Activities/Actions r0 EXHIBIT B CITY OF RENTON, WASHINGTON Now ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING A NEW SECTION 8, ENTITLED "AIRPORT FUEL FLOWAGE FEES." WHEREAS, the City of Renton holds and operates the Renton Municipal Airport (aka Clayton Scott Field) under and subject to a grant and conveyance from the United States of America; and WHEREAS, the grant and conveyance were made by the authority granted in the Surplus Property Act of 1944, as amended; and WHEREAS, the grant and conveyance of the airport by the United States of America impose on the City of Renton the requirement that the City comply with the Grant Assurances, Now Order 5190.6A, which includes a requirement that the city maintain a "sustainable rate" structure; and WHEREAS, the City of Renton has been charging a fuel flowage fee for JetA and 100LL fuels dispensed to any location on the Airport since January of 1966, and this fuel flowage fee has never been increased; and WHEREAS, currently, Renton Airport has the lowest fuel flowage fee of all the other airports in the region. The average fuel flowage fee for a gallon of JetA and 100LL in the region is $0.063 and $0.06 per gallon, respectively; and WHEREAS, increasing the fee to $0.06/gallon is needed to help the airport maintain a self sustaining rate structure, as required by the federal grant assurances; and 1 ORDINANCE NO. WHEREAS, the fuel flowage fees do not currently appear in the Renton Municipal Code and this ordinance will codify these fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by adding a new section, entitled "Airport Fuel Flowage Fees," to read as follows: 5-1-8 AIRPORT FUEL FLOWAGE FEES: A. Aviation Fuel Flowage Fees: Wholesale fuel distributors of Aviation Fuel shall pay to the City of Renton a fuel flowage fee $.06 per gallon of JetA and 100LL fuel delivered to any location at the Renton Municipal Airport with all of the revenue deposited in the Airport Fund that pays for the operation and maintenance of the Airport. B. Reporting: Wholesale fuel distributors of Aviation Fuel shall, on the last day of each month, provide to the City of Renton a Fuel Flowage Fee Report, and a copy of each invoice for Aviation Fuel distributed at the Renton Municipal Airport, for the subject month. C. Violations and Penalties: 1. Failure to pay the Fuel Flowage Fee or to provide the required Fuel Flowage Fee Report and supporting invoices shall be a violation of this section. Any violation of this section shall be a civil infraction. 2 ORDINANCE NO. 2. Any person found to have violated this section by failing to pay the Fuel Now' Flowage Fee shall pay a fine equal to 5% of the Fuel Flowage Fee owed to the city of Renton multiplied by the number of months said Fuel Flowage Fee was unpaid. 3. Any person found to have violated this section by failing to provide the report or supporting documentation for the Fuel Flowage Fee shall pay a fine of$100. For any subsequent offense in a 12 month period, the fine shall be $200. 4. Any person found to have violated this section three times or more in a 12 month period shall be prohibited from delivering Aviation Fuel to any recipient located on the Renton Municipal Airport for a period of 6 months. SECTION II. This ordinance shall become effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor 3 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1509:10/10/08:scr 4 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON (LAKE WASHINGTON BOULEVARD) FROM INDUSTRIAL HEAVY (IH) TO URBAN CENTER NORTH TWO (UC-N2) ZONING, FILE NO. LUA-08-104 (CPA 2008-M- 01). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts —Uses and Standards, of Title IV (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property herein below described in has heretofore been zoned as Industrial Heavy (IH); and WHEREAS, the property owner initiated a proceeding and the City expanded the area to an additional two properties for change of zone classification of said properties; and Now WHEREAS, This matter was duly referred to the Planning Commission for investigation, study, and public hearing, and said public hearing having been held thereon on or about September 24, 2008; and WHEREAS, said matter having been duly considered by the Planning Commission; and WHEREAS, said zoning request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 1 ORDINANCE NO. SECTION I. The following described property in the City of Renton is hereby rezoned to Urban Center North Two (UC-N2) as herein below specified. The Planning Division is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to-wit: See Attachments "A" and "B" attached hereto, and made a part hereof as if fully set forth herein. (Lake Washington Boulevard). SECTION II. This ordinance shall be effective upon its passage, approval and five (5) days after its publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie 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.1517:11/7/08:scr 2 Y a� , � � 1 `' r,, \ HE117tth,Pi 1r ;%NW ,.3k '41.41 44 /,----- ik. • ,1,..L;,- „,E,--, : of � idrsr Ail 14_4t ,. 1i 1. lig,? 4 ”Lake Washington / s -C. 1.; „ Z o J . ,/ 114.:,'"'„'-,,t:::., i. - ,/ ,,,,.: ,,,: ,, 1,4,, ?ill.' ii : . t ' w J L ov Zi. / '� et s / Tri �¢ ” x. -"' =NE,14th St"t-°'- ""-"SE,11'Otil t z. N '.1.7:h — — at �z o\ P Yr r `_ "Coulon Bea` _ ` ` J's _ / *' , ,NEU2thTSt,rfr,e, ..— _ /.\ // dS'S'r grt n '�Y _-xK'� _ tr '* „`S2�1-9} t ` ''4411111,I, / - 5 --� % ; Ti \ , `'2 _r ,tiO - r/ u a-4 Yver /\\ ` / ua p ,, rC,k, \ TN fr ,, / /4 / • i,f 73 : tff;,E /d * ; : C \\ '4,1*,,,-,‘,'2:1' n sotkke,'- , 3 \ ' '''4,"''',.'' -14',.t„.-t r'-;Z`-'- 757-Ave c 0:.1.-.,--:,f-,,'-`:.a. , / S\\s .:,,i... ,..... , (4.'4.: --,',..r--,Mt:,,f,:' \ \ �—=—� `11 - Department of Community CPA 2008 M:01 o~`' °.n & Economic Development�, P Zoning Change from IH(High Industrial) 9 � Alex Pietsch,Administrator • to UC-N2 (Urban Center North 2) Adriana Johnson,Planning Technician Legend 14111.0011171 City Limits September 16,2008 Produced by City of Renton(c)2008 the City of /// From IH to UC-N2 0 125 250 500 N Renton all rights reserved No warranties of any sort Feet -+ ncluding but not limited to accuracy,fitness or 1:5,000 merchantability accompany this product He Name H EUNSP'GIS projects\complan amendment snxdstcpa2008_m01_zone_I H_to_UCN2 mxd 2008-M-01 REZONE FROM IH TO UC-N2 LEGAL DESCRIPTION That portion of Government Lot 1 in Section 8,Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington,bounded on the southeast by the northwesterly margin of North Park Drive(I-405, State Highway#2-A Renton to Kennydale) and on the southwest by a line 100 feet easterly of and measured perpendicular from,the center line of Pacific Coast Railroad Company's Lake Washington Branch. 1 of 1 10/08/2008 10:25 AM CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON (LAKE WASHINGTON BOULEVARD) FROM COMMERCIAL NEIGHBORHOOD (CN) TO URBAN CENTER NORTH TWO (UC-N2) ZONING, FILE NO. LUA-08- 104 (CPA 2008-M-01). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts —Uses and Standards, of Title IV (Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property herein below described has heretofore been zoned as Commercial Neighborhood (CN); and WHEREAS, the property owner initiated a proceeding and the City expanded the area to an additional two properties for change of zone classification of said properties; and WHEREAS, This matter was duly referred to the Planning Commission for investigation, study, and public hearing, and said public hearing having been held thereon on or about September 24, 2008; and WHEREAS, said matter having been duly considered by the Planning Commission; and WHEREAS, said zoning request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: lokiv 1 ORDINANCE NO. SECTION I. The following described property in the City of Renton is hereby rezoned to Urban Center North Two (UC-N2) as herein below specified. The Planning Division is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to-wit: See Attachments "A" and "B" attached hereto, and made a part hereof as if fully set forth herein. (Lake Washington Boulevard). SECTION II. This ordinance shall be effective upon its passage, approval and five (5) days after its publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie 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.1516:11/7/08:scr 2 t �, \ °' l F "' x ,a ice; 2 �— to, *- Rot a, rte: 'NE11�th,P ,_ im III iliV, — EN mm„tIP MEM ,.� W c tet,. Lake Washington •i -•:-.0.-133 � Q . , ,. `• • ;� ,_ gNE�1�T StY .t i .cMilli ■ W> CV ak o i:::•:•:iie40-11Ir . a' i ,qua. 11. II o III iii • c; g / , . All . . NEw;1''43 th Sf: zSEe4,1:OthSt, Coulon Beau y�������� >a: .fs,�, }--- _ ,.L...-♦-..♦..:♦:.:...�, ,VFX i° _s..x q` ' -- \ a,a � a3, NE 9,2th St. ' > nA 'e°:3'�m ''ter A. -{G L isi •��' Q� a * 0) , *'"4;•!:-.''''1,„••:'',:',•:' -,:.,,,•;,5„tAko-;T:::1., -t:,,,,;v::,':z. ,,',.',.;,,,%,7„,,,:-''1,,,,..,,,,I!;•:,'4' ''--.,:!,:,.:;E':i)::iivc,-51I,iii,:,:s„01,Nkt.41,44::::,,,,,,•,,,,,,: tn, \ \ _ ..„:i•-5,do\ -zz .--'- : •:....'.::,:',:r l':,!,', fix ? -." \ ',01%,c,-,i:1;.!,, - i \\ -04,Wkit i 41.',?3;',.Wg / ‘,,.'-,:t'N',-;111-a.`‘.tsit,:.t.; H o �`^ r-j 757Ave Nfi Ar ,< uaLT r4, Ay;, ':. G \Zv t .";;::-'.::''' \-- ' \` k g. Department of Community CPA 2008 M:01 an & Economic Development Zoning Change from CN (Commercial Neighborhood) � NTo/ Alex Pietsch,Administrator to UC-N2 (Urban Center North 2) Adriana Johnson,Planning Technician Legend L—__r City Limits Produced by City of Renton ict 2008 the Cit of �1��1 September 16,2008 Y ►��� From CN to UC-N2 0 125 250 500 N Renton all rights reserved No warranties of any sort including but not limited to accuracy fitness or Feet +- merchantability accompany this product 1:5,000 File Name H 1EDNSP1GIS protects\complan amendment hnxds\cpa2008_m01_zone_CN to UCN2 m+d 2008-M-01 REZONE FROM CN TO UC-N2 LEGAL DESCRIPTION Tracts 312 through 315 of C.D.Hillman's Lake Washington Garden of Eden Division No. Five, as recorded in Volume 11 of Plats,page 83,records of King County, Washington; TOGETHER with that portion of N 14th Street vacated under City of Renton Ordinance No. 5165; EXCEPT the westerly 60 feet of said Tract 312 conveyed to King County for road by deed recorded under King County Recording No. 1035005; AND EXCEPT that portion conveyed to the te and 6 5t9of Washington by deed recorded under King County Recording No. 4660014 7; AND EXCEPT those portions condemned by the State of Washington under Decree entered June 24th, 1966 in King County Superior Court Case No. 656276; All situate in Government Lot 4 of Section 5,Township 23 North,Range 5 East, W.M. in the City of Renton,King County, Washington. 1 of 1 10/08/2008 10:21 AM CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, ZONING DISTRICTS — USES AND STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO AMEND THE REGULATIONS REGARDING RETAIL SALES IN THE URBAN CENTER NORTH TWO ZONE (UC-N2). QPfq WOOS WHEREAS, the City's Comprehensive Plan Land Use element establishes policies for the Urban Center North designation which encourages the redevelopment of land that will create a vibrant new lakefront community with housing, shopping, and employment opportunities; and WHEREAS, the City's Comprehensive Plan Land Use element establishes policies for the Urban Center North designation which state that the designation is is to allow commercial uses such as retail provided it supports the primary use of the site and is integrated into the Nora,, development; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and public hearing, and a public hearing having been held thereon on or about September 24, 2008; and WHEREAS, said matter having been duly considered by the Planning Commission, and said zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended, and WHEREAS, the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning text amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, Nome WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. Note 95 of subsection 4-2-080A, Subject to the Following vimd Conditions, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to add a new subsection, "c," to read as follows: c. Stand-alone retail buildings are not allowed east of Lake Washington Boulevard North. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie 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.1518:11/7/08:scr 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, ZONING DISTRICTS — USES AND STANDARDS, CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, CHAPTER 4, CITY-WIDE DEVELOPMENT STANDARDS, AND CHAPTER 9, PERMITS — SPECIFIC, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," TO COMPLETE AMENDMENTS TO TITLE IV MADE FOR 2008 COMPREHENSIVE PLAN AMENDMENT M-02 BUSINESS DISTRICT OVERLAYS. OM- aoas-p►-oa WHEREAS, Comprehensive Plan policies and the Vision of the City direct future growth to downtown and mixed use areas created outside of the downtown; and WHEREAS, Comprehensive Plan policies and the Vision of the City will encourage higher density mixed use development in selected areas of the Commercial Corridor land use designation including the Commercial Arterial zone; and WHEREAS, these areas are envisioned to function as living / working / entertainment nodes for the smaller community areas of the City they are within; and WHEREAS, Business District designations in the Commercial Arterial zone and related regulations are difficult to administer and difficult for community members, property owners and developers to understand; and WHEREAS, merging Business District development regulations with the underlying zone and eliminating Business Districts should create a more efficient and predictable development process; and 1 ORDINANCE NO. WHEREAS, the Commercial Arterial zone is to evolve from "strip commercial" linear business districts to more urban, compact, pedestrian oriented areas with higher densities according to the Comprehensive Plan; and WHEREAS, the Commercial Arterial zone is intended to implement the Commercial Corridor and Employment Area Valley land use designations; and WHEREAS, design standards are to apply to development in commercial districts to raise the aesthetic quality of the City, to strengthen the economy through high quality development, and to ensure that a high quality of life is maintained as Renton develops; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study; and WHEREAS, the zoning text amendment requests are in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Planning Commission held a public hearing on September 24, 2008, having duly considered all matters relevant thereto; and all parties having been heard appearing in support or in opposition to the proposed zoning text amendments; NOW, THEREFORE, THE CITY COUNCIL OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-2-010E, Additional Restrictions on Land Use, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to read as shown on Exhibit A. SECTION II. Subsection 4-2-020L, Commercial Arterial Zone (CA), of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance 2 • ORDINANCE NO. No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby Now amended to read as follows: L. COMMERCIAL ARTERIAL ZONE (CA): The purpose of the Commercial Arterial Zone (CA) is to evolve from "strip commercial" linear business districts to business areas characterized by enhanced site planning, pedestrian orientation, parking lot design, coordinated access, amenities and boulevard treatment with greater densities. The CA Zone provides for a wide variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Residential uses may be integrated into the zone through mixed use buildings. The zone includes the designated Automall District. The CA Zone is intended to implement the Commercial Corridor and Employment Area Valley land use designations. 'ore SECTION III. Subsection 4-2-060I, Retail, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to reflect where Small Vehicle Sales uses are permitted in the CA zone by correcting the note for "Vehicle sales, small" in the CA zone by changing it from the number 20 to 68 as shown in Exhibit B. SECTION IV. Subsection 4-2-060J, Entertainment and Recreation, of Chapter 2, Zoning District — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to add "Recreational facilities, indoor, new" as a permitted use in the CA zone, to read as shown in Exhibit C. ,fir 3 or. ORDINANCE NO. SECTION V. Note 18 of subsection 4-2-080A, Subject to the Following 400/ Conditions, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 18. a. General Requirements: Subject to the density limits of the development standards for this zone and only permitted within a structure containing commercial uses on the ground floor. Commercial space must be reserved on the ground floor at a minimum of thirty feet (30') in depth along any street frontage. Residential uses shall not be located on the ground floor, except for a residential entry feature linking the residential portion of the development to the street. b. Employment Area Valley: Residential uses are not permitted in the ,4001 Employment Area Valley (EAV) land use designation. See EAV Map in RMC 4-2-080B. SECTION VI. Note 20 of subsection 4-2-080A, Subject to the Following Conditions, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 20. Not permitted within the Commercial Arterial (CA) Zone within the Northeast Sunset, Northeast Fourth (4th), and South Puget Commercial Corridor Comprehensive Plan designations. SECTION VII. Note 68 of subsection 4-2-080A, Subject to the Following Conditions, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development 4 ORDINANCE NO. Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 68. Only permitted in the Automall District and Employment Area Valley land use designations. See Automall Map in RMC 4-2-080F and EAV Map in RMC 4-2-080B. SECTION VIII. Note 69 of subsection 4-2-080A, Subject to the Following Conditions, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby deleted to read as follows: 69. Reserved. SECTION IX. Note 72 of subsection 4-2-080A, Subject to the Following Conditions, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington." is hereby amended to read as follows: 72. All development within the CA Zone, including big-box retail uses, are subject to compliance with design regulations applicable to District 'D' as detailed in RMC 4-3-100. Except in the Employment Area — Valley (EAV) south of Interstate 405, big-box retail uses are subject to compliance with design regulations applicable to District `C' as detailed in RMC 4-3-100. Big- box retail uses in the EAV south of Interstate 405 outside of the CA zone are not subject to Urban Design Regulations. 5 ORDINANCE NO. Big-box retail uses are not permitted within the Commercial Arterial (CA) Zone within the Northeast Sunset, Northeast Fourth (4th), and South Puget Commercial Corridor Comprehensive Plan designations. SECTION X. Subsection 4-2-080B, Employment Area Valley, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to replace the map image with a corrected map image as shown in Exhibit D. SECTION XI. Subsection 4-2-120A, Development Standards for Commercial Zoning Designations of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to read as shown in Exhibit E. SECTION XII. Note 2 of subsection 4-2-120C, Conditions Associated with Development Standards Tables for Commercial Zoning Designations, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to read as shown on Exhibit F. SECTION XIII. Note 4 of subsection 4-2-120C, Conditions Associated with Development Standards Tables for Commercial Zoning Designations, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby deleted and amended to read as follows: 4. Repealed. Ned 6 ORDINANCE NO. SECTION XIV. Note 11 of subsection 4-2-120C, Conditions Associated with Development Standards Tables for Commercial Zoning Designations, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to read as follows: 11. Freestanding signs are restricted to monument signs in the Commercial Arterial (CA) Zone of the Rainier Avenue Commercial Corridor Comprehensive Plan land use designation. SECTION XV. Note 15 of subsection 4-2-120C, Conditions Associated with Development Standards Tables for Commercial Zoning Designations, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to Norr correct formatting; the margin for the paragraph between "c" and "d" that begins with "Alternatively," should be aligned with the first paragraph in the note (beginning with "The maximum") and subsections a through f indented. SECTION XVI. Note 16 of subsection 4-2-120C, Conditions Associated with Development Standards Tables for Commercial Zoning Designations, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to read as shown on Exhibit G. SECTION XVII. Subsection 4-3-040A, Purpose, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. `err ORDINANCE NO. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to read as follows: A. PURPOSE: These regulations establish development standards to implement the Commercial Corridor Comprehensive Plan designation and the Renton Automall District. These regulations guide the redevelopment of the Automall District. SECTION XVIII. Subsection 4-3-040B, Applicability, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to change the title to "Applicability — Renton Automall District," and to read as follows: B. APPLICABILITY— RENTON AUTOMALL DISTRICT: 1. Automall Area A: That area bounded by Grady Way S. on the north, Rainier Avenue S. (SR-167) on the east, I-405 on the south, and Seneca Avenue S. on the west; and That area bounded by S.W. Grady Way on the north, Raymond Avenue S.W. on the west, Seneca Avenue S.W. on the east, and the alley midway between S.W. Grady and S.W. 12th Street, on the south. 2. Automall Area B: That area along the south side of S.W. Grady defined by the alley between S.W. Grady Way and S.W. 12th Street on the north, Seneca Avenue S.W. on the east, Raymond Avenue S.W. on the west, and I-405 on the south; That area along the south side of S.W. Grady Way west of Raymond Avenue S. between S.W. Grady Way on the north, Raymond Avenue S. on the east, a 8 ORDINANCE NO. north/south line approximately four hundred feet (400') west of Raymond Avenue S.W. on the west, and I-405 on the south; That area along the north side of S.W. Grady Way west of Lind Avenue S. bounded by S.W. Grady Way on the south, Oakesdale Avenue S.W. on the west, S.W. 10th Street on the north, and Lind Avenue S.W. on the east; That area along the north side of S.W. Grady Way between Lind Avenue to the west and Rainier Avenue S. on the east. Beginning at a point approximately four hundred feet (400') north of S.W. Grady Way along the east side of Lind Avenue S.W. on the west, then east for a distance of approximately three hundred twenty five feet (325'), then south to a point approximately one hundred eighty feet (180') north of S.W. Grady Way, then east from this point parallel to S.W. Grady Way to a point approximately ninety feet (90') west of Rainier Avenue S., then north from this point approximately sixty feet (60'), then west approximately fifty feet (50'), and then north approximately two hundred fifteen feet (215') and then east approximately one hundred sixty feet (160') to Rainier Avenue S. on the east; That area north of South 7th Street and west of Hardie Avenue generally described as the area beginning at the northwest corner of South 7th Street and Hardie Avenue S. and then proceeding west approximately four hundred twenty five feet (425'), then north approximately four hundred fifty feet (450') to the southern edge of the Burlington Northern Railroad right-of-way, then east along the railroad right-of-way approximately two hundred thirty five feet (235') to Hardie Avenue and then south along Hardie Avenue to the beginning point; 9 ORDINANCE NO. That area north of South 7th Street between Hardie Avenue on the west, the Burlington Northern Railroad right-of-way on the north, and Rainier Avenue on the east; That area north of South 7th Street between Rainier Avenue S. on the west, a line approximately one hundred ninety feet (190') north of and parallel to South 7th Street on the north, and Shattuck Avenue S. on the east; The triangular area on the south side of South 7th Street between Hardie Avenue on the west and Rainier Avenue on the east; The larger area north of S. Grady Way between Rainier Avenue on the west and Shattuck Avenue S. on the east between South 7th Street on the north and S. Grady Way on the south; That area north of S. Grady Way between Shattuck Avenue S. on the west, the northern edge of the former railroad right-of-way approximately one hundred fifty feet (150') north of S. Grady Way, and Talbot Road/Smithers Avenue S. on the east; That area along the south side of S. Grady Way between SR-167/Rainier Avenue S. on the west and a north/south line approximately one thousand six hundred thirty feet (1,630') east of SR-167 on the east, S. Grady Way on the north, and on the south, west along S. Renton Village Place approximately one hundred seventy five feet (175') to the 1998 zoning boundary between the CA Zone and the CO Zone on the south; and That area along the south side of S. Grady Way east of Talbot Road bounded by Talbot Road on the west, S. Grady Way on the northwest, Renton City Hall on the 10 ORDINANCE NO. north/northeast, Benson Road S. on the east/southeast, and the I-405 right-of-way on the south. SECTION XIX. Subsection 4-3-040F, Development Standards for Uses Located within the Northeast Fourth Street, Puget Drive, Rainier Avenue, and Sunset Boulevard Business Districts, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby deleted to read as follows: F. Reserved. SECTION XX. Subsection 4-3-040H, NE Sunset Boulevard Corridor Business District, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby deleted. �rrw SECTION XXI. Subsection 4-3-040I, NE 4`h Street Corridor Business District, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby deleted. SECTION XXII. Subsection 4-3-040J, Rainier Corridor Business District, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby deleted. SECTION XXIII. Subsection 4-3-040K, Puget Drive Business District, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of 11 ORDINANCE NO. Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," No is hereby deleted. SECTION XXIV. Subsection 4-3-100B, Applicability, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington" is hereby amended as shown on Exhibit H. SECTION XXV. Subsection 4-3-100H.2.d, Guidelines Applicable to Districts 'A', 'C' and 'D', of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to change the title to "Minimum Standards for Commercial Arterial Zone Public Plazas," and to read as follows: d. Minimum Standards for Commercial Arterial Zone Public Plazas: At each corner of the intersections listed below, there shall be provision of a public plaza of no less than one thousand (1,000) square feet with a minimum dimension of twenty feet (20') on one side abutting the sidewalk. The public plaza must be landscaped consistent with RMC 4-4-070, including at minimum street trees, decorative paving, pedestrian-scaled lighting, and seating. These public plazas are to be provided at all of the following intersections: i. Benson Area: Benson Drive S. / 108th Avenue S.E. and S.E. 176th. ii. Bronson Area: Intersections with Bronson Way North at: (a) Factory Avenue N. / Houser Way S.; (b)Garden Avenue N.; and (c) Park Avenue N. and N. First Street. .44100 12 ORDINANCE NO. iii. Cascade Area: Intersection of 116`" Avenue S.E. and S.E. 168th Street. iv. Northeast Fourth Area: Intersections with N.E. Fourth at: (a) Duvall Avenue N.E.; (b) Monroe Avenue N.E.; and (c) Union Avenue N.E. v. Grady Area: Intersections with Grady Way at: (a) Lind Avenue S.W.; (b) Rainier Avenue S.; (c) Shattuck Avenue S.; and (d) Talbot Road S. vi. Puget Area: Intersection of S. Puget Drive and Benson Road S. vii. Rainier Avenue Area: Intersections with Rainier Avenue S. at: (a) Airport Way / Renton Avenue S.; (b) S. Second Street; (c) S. Third Street/ S.W. Sunset Boulevard; (d) S. Fourth Street; and (e) S. Seventh Street. viii. North Renton Area: Intersections with Park Avenue N. at: (a) N. Fourth Street; and (b) N. Fifth Street. viv. Northeast Sunset Area: Intersections with N.E. Sunset Boulevard at: (a) Duvall Avenue N.E.; and (b) Union Avenue N.E. 13 ORDINANCE NO. SECTION XXVI. Subsection 4-3-100H.2.e, Guideline Applicable to District 'C', of '" 000 Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to change the title to "Guidelines Applicable to Districts `A', 'C' and 'D', and to read as follows: e. Guidelines Applicable to Districts 'A', 'C' and 'D': i. Common space areas in mixed use residential and attached residential projects should be centrally located so they are near a majority of dwelling units, accessible and usable to residents, and visible from surrounding units. ii. Common space areas should be located to take advantage of surrounding features such as building entrances, significant landscaping, unique topography or architecture, and solar exposure. iii. In mixed use residential and attached residential projects children's play space should be centrally located, visible from the dwellings, and away from hazardous areas like garbage dumpsters, drainage facilities, streets, and parking areas. SECTION XXVII. Subsection 4-3-100H.2, Recreation Areas and Common Open Space, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington" is hereby amended to add a new subsection "f," to read as follows: f. Guideline Applicable to District 'C': Developments located at street intersections corners on designated pedestrian-oriented streets are encouraged to 14 ORDINANCE NO. provide pedestrian-oriented space adjacent to the street corner to emphasize pedestrian activity (see illustration, subsection 4-3-100H.3.f). SECTION XXVIII. Subsection 4-4-080F.10.e, Parking Spaces Required Based on Land Use, of Chapter 4, City-wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby amended to add the CA zone to the "Attached dwellings within the CV Zone" use category in the section for "Residential Uses Outside of the Center Downtown Zone" as shown in Exhibit I. SECTION XXIX. Subsection 4-9-030K, Special Decision Criteria for Stand Alone Residential Uses in the NE 4"', Sunset, or Puget Business Districts, of Chapter 9, Permits — Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City or Renton, Washington," is hereby deleted and amended to read as follows: K. Reserved. SECTION XXX. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor 15 ORDINANCE NO. Ned Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1522:11/13/08:scr *4800 16 ORDINANCE NO. E. ADDITIONAL RESTRICTIONS ON LAND USE: TYPE OF LAND USE RESTRICTION ZONING MAP SYMBOL Automall Restrictions Dot Pattern Public Use Designation "P" TYPE OF LAND USE RESTRICTION REFERENCE OR CODE SECTION NO. Airport-Compatible Land Use Restrictions RMC 4-3-020 Aquifer Protection Area RMC 4-3-050 Automall District RMC 4-3-040 Downtown Pedestrian District RMC 4-2-070L and 4-2-080D "P" Suffix Procedures RMC 4-3-080 Planned Unit Development RMC 4-9-150 Restrictive Covenants See Property Title Report • Urban Design Regulation (Areas "A," "B," "C," "D," and "E").RMC 4-3-100 Now, %.r EXHIBIT A ) ) ) 4-2-060 ZONING USE TABLE— USES ALLOWED IN ZONING DESIGNATIONS. I. RETAIL ZONING TABLE USE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-8 RMH R-10 R-14 RM IL IM IH CN CV CA CD CO COR UC-N1 UC-N2 I. RETAIL Adult retail use P43 P43 P43 P43 P43 P43 P43 Big-box retail P72 P72 P72 P72 P79 Drive-in/drive-through, retail AC AC AC AC AC28 AC AC28 AC78 AC80 Eating and drinking P1 P1 P1 P1 P1 P1 H33 P42 P P P P22 P P22 P P12 P27 P81 P94 Fast food restaurants P38 P112 P22 P113 P81 Horticultural nurseries, existing H H H H H H H H H H H H HHHHH Horticultural nurseries, new H AD38 z E~ Retail sales H33 AD P34 P34 P34 P60 P P68 P P54 P21 P82 P95 C'"6 ZRetail sales, outdoor P30 P30 P30 P15 P15 P15 P15 d W Z Taverns AD P20 AD P21 P82 P99 Q Vehicle sales, large P P P P41 i:G Vehicle sales, small P P P P68 4-2-060 ZONING USE TABLE— USES ALLOWED IN ZONING DESIGNATIONS- J. ENTERTAINMENT AND RECREATION ZONING TABLE USE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-8 RMH R-10 R-14 RM IL IM IH CN CV CA CD CO COR UC-N1 UC-N2 Entertainment Adult entertainment business P43 P43 P43 P43 P43 P43 Card room P52 P52 P52 P52 Cultural facilities HHHHHHH H AD AD AD AD AD AD AD AD AD AD AD90 Dance clubs P38 P38 P38 AD P20 H P38 H Dance halls P38 P38 P38 AD P20 H P38 H Gaming/gambling facilities, H38 H29 H38 H2O H38 not-for-profit Movie theaters P38 P38 P38 AD P20 P P12 P83 P94 U oH Sports arenas, auditoriums, P38 P38 P38 P20 P H84 H96 W exhibition halls, indoor U Sports arenas, auditoriums, P P38 P38 AD20 H84 H96 X Qexhibition halls, outdoor W X Recreation EGolf courses (existing) PPPPP P 0 . Golf courses, new H P H H H H Marinas P P21 H97 Recreational facilities, indoor, H P33 P38 P38 P38 P P P P65 P21 P78 P94 existing Recreational facilities, indoor, H H33 P P new Recreational facilities, outdoor P33 P32 P32 P32 H2O H38 ORDINANCE NO. 4-2-080B "Employment Area Valley" .�„ '\'x-- )/ -•---!-',-_-2-'-,_,_,),- S7rd Si .. • . \ \ - — MoN'u' rtr �I 1'� n'S 0 ,, -- ,, ,:jaiii[ET lex„ 7-,koister Rd SRS ,ii - / %r/ ^�:_ Vlll , - /7 `- '/ + \ �= / i J) ` 011trnh - •g . ri , ` �fe ;6 . i; �� 1 �� t — II �' ' sr2's7'i_l \\ ,,)r j '\ \‘,L; tit J ;� I I I 1' i „ -\'_-`// (i a ,o burs( —J + t� / C;1rf CI (;rear Niru Q =— -•il ,l1 Q \\\\ 2_L( - Js27Nst s ' W\ 1(1/1 . I I 1 1 'l\ ,i-,,1--,F__:, \\,..<„,-----, \lk,,\ I ,,,,,,_,,,4,,,,,______,_,,,;::\i„;,,,,i3.,\\, v\.,,,.,, 1 .,„ , „ ,,y„.9,„,„. 1 \ ,,, \\,,-<, , v ” ,, ,,f „,,,,,,,,,,. !, ,,,, ,,, ,,, ,,,, ,\__,., ,, ,, 1 ,, \cii--_1___---),----, \ 11 \\ , __ ,, 1., 1 , \ __, _______, ,,.. .,,,,,. , _____,,,.......:„..._ 4 „,. --------d \ s 6 I fI / = `'''� r' 11 I ) / I qrI' P _— -- -- —Y.SkL41sl.S'L_4. (+!)7llrSy Q ^II ll 1` c,,\ ------ 5- / 1�_ SFf�rrR1"' , f _-_.--'------- SI,/Ord SL; - - i.' / SC's j1-- -sr Department of Community cii & Economic Development Employment Area Valley \, Alex Pietsch,Administrator Legend Data/GIS Analysis Services Adnana Johnson Employment Area Valley November 12,2008 N �' 0 750 1,500 �o Feet t I City Limits Parcels 1 20,000 Map Produced November 12,2008 Produced by City of Renton(c)2008. the City of Renton all rights reserved No warranties of any son,inducing but not limited limited to accuracy,fitness or merchantability,accompany this product • 4.11101 EXHIBIT D 4-2-120A DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS CN CV CA LOT DIMENSIONS Minimum Lot Size for lots created 5,000 sq. ft. 25,000 sq. ft. 5,000 sq. ft. after Nov. 10, 2004 Minimum Lot Width/Depth for lots None None None created after Nov. 10, 2004 LOT COVERAGE 65% of total lot area or 75% if 65% of total lot area or 75% if parking is 65% of total lot area or 75% if parking is Maximum Lot Coverage for parking is provided within the Buildings provided within the building or within an on- building or within an on-site parking provided within the building or within an site parking garage. on-site parking garage. garage. DENSITY(Net Density in Dwelling Units per Net Acre) Minimum Net Residential Density9 None 20 dwelling units per net acre. 10 dwelling units per net acre. O 4 dwelling units per structure80 dwelling units per net acre. . W Z Assisted living bonus: 1.5 times Maximum Net Residential Assisted living bonus: 1.5 times the60 dwelling units per net acre. H Ws the maximum density may be Density maximum density may be allowed subject to = C) allowed subject to conditions of conditions of RMC 4-9-065. x Q RMC 4-9-065. Z SETBACKS W E10 ft. The minimum setback may be reduced 10 ft. The minimum setback may be 10 ft. The minimum setback may be O 18 to 0 ft. through the site plan development reduced to 0 ft. through the site plan reduced to 0 ft. through the site plan Minimum Front Yard review process provided blank walls are not development review process development review process provided located within the reduced setback. provided blank walls are not located blank walls are not located within the within the reduced setback. reduced setback. Maximum Front Yard18 • 15 ft.15 15 ft.15 15 ft.15 10 ft. The minimum setback may be reduced 10 ft. The minimum setback may be 10 ft. The minimum setback may be Minimum Side Yard Along a to 0 ft. through the site plan development reduced to 0 ft. through the site plan reduced to 0 ft. through the site plan Street18 review process provided blank walls are not development review process development review process provided located within the reduced setback. provided blank walls are not located blank walls are not located within the within the reduced setback. reduced setback. Minimum Freeway Frontage 10 ft. landscaped setback from the property 10 ft. landscaped setback from the 10 ft. landscaped setback from the Setback line. property line. property line. Minimum Rear Yard18 None, except 15 ft. if lot abuts a residential None, except 15 ft. if lot abuts a None, except 15 ft. if lot abuts a zone, RC, R-1, R-4, R-8, R-10, R-14, or RM- residential zone, RC, R-1, R-4, R-8, residential zone, RC, R-1, R-4, R-8, R- F. R-10, R-14, or RM-F. 10, R-14, or RM-F. e None, except 15 ft. if lot abuts a residential None, except 15 ft. if lot abuts a None, except 15 ft. if lot abuts a Minimum Side Yard residential zone, RC, R-1, R-4, R-8, R- zone, RC, R-1, R-4, R-8, R-10, R-14, or RM- residential zone, RC, R-1, R-4, R- F. 8, R-10, R-14, or RM-F. 10, R 14, or RM F. In no case shall a structure over 42 in. in In no case shall a structure over 42 In no case shall a structure over 42 in. in in. in height intrude into the 20 ft. Clear Vision Area height intrude into the 20 ft. clear vision area clear vision area defined in RMC 4- height intrude into the 20 ft. clear vision defined in RMC 4-11-030. 11-030. area defined in RMC 4-11-030. BUILDING LIMITATIONS 5,000 gross sq. ft. The maximum size shall Maximum Gross Floor Area of not be exceeded except by conditional use None Any Single Commercial Use on a permit.2'9 These restrictions do not apply to None Site residential uses subject to net density limitations. 3,000 gross sq. ft. The maximum size shall Maximum Gross Floor Area of not be exceeded except by conditional use None Any Single Office Use on a Site2' permit.2.9These restrictions do not apply to None 9 residential uses subject to net density limitations. See urban design regulations in RMC 4-3-100. Commercial and civic uses shall All commercial uses shall have their primary provide entry features on all sides of a building facing a public right-of- See urban design regulations in RMC Building Orientation entrance and shop display window oriented toward the street frontage. way or parking lot. 4-3-100. The front entry of residential only uses shall be oriented to a public or private street developed to the required standards in RMC 4-6-060. LANDSCAPING Minimum On Site Landscape 10 ft., except where reduced through the site 10 ft., except where reduced 10 ft., except where reduced through the Width Required Along the Street plan development review process. through the site plan development site plan development review process. Frontage review process. Minimum On-Site Landscape 15 ft. wide sight-obscuring landscape strip.35 15 ft. wide landscape buffer is Width Along the Street Frontage If the street is a designated principal arterial,' required3 unless otherwise 15 ft. wide landscape strip.a,s Required When a Commercial non-sight-obscuring landscaping shall be determined by the Reviewing Official Lot is Adjacent8 to Property provided unless otherwise determined by the through the site plan development Zoned Residential, RC, R-1, R-4, Reviewing Official through the site plan review process. R-8, R-10, R-14, or RM development review process. Minimum Landscape Width 15 ft wide landscaped visual barrier 15 ft. wide landscaped visual barrier 15 ft. wide landscaped visual barrier Required When a Commercial consistent with the definition in RMC 4-11- consistent with the definition in RMC consistent with the definition in RMC 4 Lot Is Abutting' Property Zoned 120. A 10 ft. sight-obscuring landscape strip 4-11-120. A 10 ft. sight obscuring 11-120. A 10 ft. sight obscuring landscape strip may be allowed landscape strip may be allowed through Residential, RC, R-1, R-4, R-8, may be allowed through the site plan through the site 3plan development the site plan development review R-10, R-14, or RM development review process.3 review process. process. HEIGHT 50 ft., except 60 ft. for mixed use (commercial and residential) in the Maximum Building Height,14'16 35 ft. 50 ft., except 60 ft. if the ground same building. except for Public uses with a In no case shall height exceed the limits floor of the building is in commercial Heights may exceed the maximum "Public Suffix" (P) designation20 specified in RMC 4-3-020. use height with a Conditional Use Permit.16 In no case shall height exceed the limits specified in RMC 4-3-020. Maximum Height for Wireless See RMC 4-4-140G. See RMC 4-4-140G. See RMC 4-4-140G. Communication Facilities SCREENING Outdoor, Loading, Repair, Maintenance, Work, or Storage Areas, Surface Mounted Utility See RMC 4-4-095. See RMC 4-4-095. See RMC 4-4-095. and Mechanical Equipment; Roof Top Equipment (Except for Telecommunication Equipment) Refuse or Recyclables See RMC 4-4-090. See RMC 4-4-090. See RMC 4-4-090. PARKING See RMC 10-10-13 and RMC 4-4-080. For surface parking, no more than six General See RMC 10-10-13 and RMC 4-4-080. See RMC 10-10-13 and RMC 4-4- (6) stalls may be consecutively clustered 080. without an intervening landscaped area the length of the stall. Businesses Located in Single Family Residential Uses: Required parking Dwellings or Duplexes: Parking may not shall be located underground or Parking for residential units shall be occur in front of the building and/or in the under building (on the first floor of Required Location for Parking area between the front lot line and the front the structure), or in an attached or enclosed within the same building as the building line; parking must occur at the side detached structure.Any additional unit it serves. or rear of the property. Parking may be parking may not be located between '1!) accommodated off site in accordance with the building and public street unless RMC 4-4-080E(2) or at joint use facilities in located within a structured parking accordance with 4-4-080E(3). garage. Commercial Uses: Parking may not be located between the building and the public street unless located within a structured parking garage. Mixed Use: Joint parking is required subject to RMC 4-4-080E(3). ACCESS A pedestrian connection shall be provided from a public entrance to the street, in order Pedestrian to provide direct, clear and separate See urban design regulations in See urban design regulations in RMC pedestrian walks from sidewalks to building RMC 4-3-100. 4-3-100. entries and internally from buildings to abutting retail properties. A connection shall be provided for site- to-site vehicle access ways, where topographically feasible, to allow a Vehicular None None smooth flow of traffic across abutting CA parcels without the need to use a street. Access may comprise the aisle between rows of parking stalls but is not allowed between a building and a public street. SIGNS General See RMC 4-4-100. See RMC 4-4-100. See RMC 44-100." LOADING DOCKS See RMC 4-4-080. See RMC 4-4-080. See RMC 4-4-080. Shall not be permitted on the side of the lot Shall not be permitted on the side of Shall not be permitted on the side of the Location within Site adjacent to or abutting a residential zone, the lot adjacent to or abutting a lot adjacent to or abutting a residential 3 residential zone, RC, R-1, R-4, R-8, zone, RC, R-1, R-4, R-8, R-10, R-14, or RC, R-1, R-4, R-8, R-10, R-14, or RM. R-10, R-14, or RM.3 RM.3 DUMPSTER/RECYCLING COLLECTION AREA Size and Location of Refuse or See RMC 4-4-090. See RMC 4-4-090. See RMC 4-4-090. Recycling Areas CRITICAL AREAS General See RMC 4-3-050. See RMC 4-3-050. See RMC 4-3-050. DESIGN REGULATIONS General N/A See urban design regulations in See urban design regulations in RMC 4- RMC 4-3-100. 3-100. ORDINANCE NO. 4-2-120C 'Nod at e lowed 2. The following table indicates the maximum v els may not be achievedhby a varbancle or the by conditional use permit. Increases above these le conditional use •ermit •rocess. CONDITIONAL USE PERMIT APPLICABLE STANDARD CHANGE REQUEST TYPE ZONE Uses restricted to 3,000 gross s.f. —increases: CN Between 3,000—5,000 s.f. max. Uses restricted to 5,000 gross s.f.—in 500 es ugrosp to:s.fAD CN 10% or 20% or 1,000 gross s.f._ Uses restricted to 65,000 gross s.f. —increases to:up AD All of the CV Zone 20% or 13,000 gross s.f. __ 40% or 26,000 gross s.f. H H = Hearing Examiner Conditional Use AD =Administrative Conditional Use Nod EXHIBIT F • ORDINANCE NO. 4-2-120C 16. The following height requests may be made: APPLICABLE HEIGHT CHANGE REQUEST CONDITIONAL USE PERMIT ZONE TYPE Exceed height of 50 feet AD All of the CV Zone Exceed height of 45 feet when abutting R-8 or R-10 H Zone All of the CA Zone Exceed maximum height AD H = Hearing Examiner AD =Administrative Conditional Use In consideration of a request for conditional use permit for additional building height, the Reviewing Official shall consider the following factors in addition to the criteria in RMC 4- 9-030, Conditional Use Permits, among all other relevant information. a. Location Criteria: Proximity of arterial streets which have sufficient capacity to "frrw accommodate traffic generated by the development. Developments are encouraged to locate in areas served by transit. b. Comprehensive Plan: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the Comprehensive Plan, the zoning regulations and any other plan, program, map or regulation of the City. c. Effect on Adjacent Properties: Building heights shall not result in substantial or undue adverse effects on adjacent property. When a building in excess of the maximum height is proposed adjacent to or abuts a lot designated R-1, R-4, R-8, R- 10, R-14 or RM-F, then the setbacks shall be equivalent to the requirements of the adjacent residential zone if the setback standards exceed the requirements of the Commercial Zone. EXHIBIT G ORDINANCE NO. 4-3-100B of Urban Design Regulations: B. APPLICABILITY: 1. This Section shall apply to all development in the Urban Center— Downtown and Urban Center—North. For the purposes of the design regulations, the Center Downtown is District 'A,' South Renton is District`B,' and the Urban Center— North is District'C.' Districts 'A' through 'C' are depicted on the Urban Center Design Overlay District Map, shown in subsection B4 of this Section. 2. This Section shall also apply to big-box retail use. In the Commercial Arterial (CA) zone, big-box retail uses are subject to compliance with design regulations applicable to District 'D.' Except in the Employment Area—Valley (EAV) south of Interstate 405, big-box retail uses must comply with design standards and guidelines specific to the Urban Center— North (District'C'). Big-box retail uses in the EAV south of Interstate 405 outside of the CA zone are not subject to Urban Design Regulations. 3. Where conflicts may be construed between the design regulations of this Section and other sections of the Renton Municipal Code, the regulations of this Section shall prevail. Where conflicts may be construed between the map in subsection B7 of this Section and the text in this Section, the text shall prevail. 4. This Section shall apply to all development in the Center Village Land Use Designation as shown on the Comprehensive Plan Land Use Map. For the purposes of the design regulations, areas within the Center Village Land Use Designation zoned Center Village (CV) shall comprise District'D.' Areas within the Center Village Land Use Designation zoned Residential Multi-Family (RMF) and Residential-14 (R-14) shall be in District'E.' 5. This Section shall apply to all development in the Commercial Arterial (CA) Zone. For the purposes of the design regulations, the zone shall be in District'D.' 6. This Section shall apply to all development in the Commercial Office Residential (COR) Zone. For the purposes of the design regulations, the zone shall be in District'C.' 7. Urban Design Districts: EXHIBIT H ORDINANCE NO. `err fj )1,y ' / 'jed.ski District Dµ l4s. , \ DistrictC ty, i Lake a�51� �, t ,....1_ District `-t- District 0 t L err c, LL, '' V -ri ! �, � 1,I, ' i mrd r ' err �� ,r� District E ' t f"— : zE x fn iD I i-i 4,,,.__:,.,.11____:1:1::_jI > ' Y I sE,., iii " i sm,�7s sr _ .....,.....:(7.:„.'. L_ ij`�., r m, �. 1 1. � ' Y a � �. ' � , '^—_—rte,l� a p ��C 'L V° � - ��• Sa.F est - �_.i //) 1 e I� F / 'esr.,w«k i —"� �„_,y/ ,,,,,,,,,,,,,L,„— �MI".aw„w �.:�Rm.. y f� 1ll : G - NNN i 7 I11-3 fl I _.,... . . :�. N >,.,1 1 - I ..,,. 0 _____ „,c, ,,. ..,aistrictrt �k;+r Department of Community t�. N&EtconOet is Development Ae elop ent Urban Design Districts w Data/GIS Analysis Services November 12,2008 N AdnanaA Johnson,Petrick Roduin 0 2,500 5,0Fe /{'1 Feet ((j/} rt, 1:50,000 hb ,;irrr'[ 3rt.! , ,.y ro••,, a N3r,, I•�;:Cn._L-1 rpce af"F�, 3b,Nrii±tri .1,-f fd,:,"1 ::% dn i' tic r1''t r :,3'"'-I,M JI'C1..1ltnr ,k•e,i,_ .r:s,'_i'b 1'k'i i.,.T.rtl;2.ri,l EXHIBIT H ORDINANCE NO. Subsection 4-4-080F.10.e, "Residential Uses Outside of the Center Downtown Zone" Nied RESIDENTIAL USES OUTSIDE OF THE CENTER DOWNTOWN ZONE: A minimum of 2 per dwelling unit. Tandem parking is allowed. A maximum of 4 Detached and semi- vehicles may be parked on a lot, including those vehicles under repair and attached dwellings: restoration, unless kept within an enclosed building. A minimum of 2 per manufactured home site, plus a screened parking area shall be Manufactured homes provided for boats, campers, travel trailers and related devices at a ratio of 1 within a manufactured screened space per 10 units.A maximum of 4 vehicles may be parked on a lot, home park: including those vehicles under repair and restoration, unless kept within annod builo e g. 1 per sleeping room and 1 for the proprietor, plus 1 additional space for each 4 Congregate residence: persons employed on the premises. 1 space per residential unit of assisted living, plus dedicated parking spaces for Assisted living: facility fleet vehicles. 1.8 per 3 bedroom or larger dwelling unit; 1.6 per 2 bedroom dwelling unit; Attached dwellings in 1.2 per 1 bedroom or studio dwelling unit. RM-U, RM-T, COR, UC- RM-T Zone Exemption: An exemption to the standard parking ratio formula may be N1 and UC-N2 Zones: granted by the Development Services Director allowing 1 parking space per dwelling unit for developments of less than 5 dwelling units with 2 bedrooms or less per unit provided adequate on-street parking is available in the vicinity of the development. 2 per dwelling unit where tandem spaces are not provided; and/or Attached dwellings within 2.5 per dwelling unit where tandem parking is provided, subject to the criteria found the RM-F Zone: in subsection F8d of this Section. sged Attached dwellings within 1 per dwelling unit is required.A maximum of 1.75 per dwelling unit is allowed. the CV and CA Zones: 1.75 per dwelling unit where tandem spaces are not provided; and/or Attached dwellings within 2.25 per dwelling unit where tandem parking is provided, subject to the criteria found all other zones: in subsection F8d of this Section. Attached dwelling for low 1 for each 4 dwelling units. income or elderly: EXHIBIT I CITY OF RENTON, WASHINGTON lir ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES (FORMERLY THE BENSON HILL COMMUNITIES SE 168th STREET AREA REZONE) WITHIN THE CITY OF RENTON FROM RESIDENTIAL EIGHT DWELLING UNITS PER ACRE (R-8) TO COMMERCIAL ARTERIAL (CA). CPQ-Zoos-A2-o3 WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the three properties herein below described were incorrectly zoned Residential-8 (R-8) as part of the Benson Hill annexation process and are to be rezoned Commercial Arterial (CA); and WHEREAS, these properties were designated and zoned as commercial properties in King County prior to annexation and each property has a commercial building with commercial uses; and WHEREAS, the City initiated a Comprehensive Plan Amendment to redesignate the land use for the properties from Residential Single Family to Commercial Corridor and concurrently rezone the properties from Residential-8 (R-8) to Commercial Arterial (CA); and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and public hearing, and a public hearing having been held thereon on September 24, 2008, and this matter having been duly considered by the Planning Commission, and the zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning; 1 af ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to CA. The annual ordinance adopting the maps of the City's Zoning Ordinance is hereby amended to show the rezoning and the Department of Community & Economic Development Administrator is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence the rezoning, to wit: See Exhibits "A" and "B" attached hereto and made a part hereof as if fully set forth herein. (Cascade Area in Benson Hill Annexation.) SECTION II. This Ordinance shall be effective upon its passage, approval, and five (5) days after its publication. PASSED BY THE CITY COUNCIL this day of , 2008. ,4101 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.1521:11/13/08:scr 2 Exhibit A 2008-M-03 REZONE FROM R-8 TO CA LEGAL DESCRIPTION That portion of Lots 92—95 of Cascade Hills No. 5,as recorded in Volume 72 of Plats, pages 23 &24,records of King County,lying southwesterly of a line 75 feet northeasterly of and measured perpendicular from the southeasterly lines of said Lots 92 - 94; All situate in the Northwest quarter of Section 28,Township 23 North,Range 5 East, W.M., in the City of Renton,King County, Washington. 1 of 1 10/08/2008 10:24 AM 1 Exhibit B Ned 1 � L_ " \ / iTpL1' 1FI l t 4!! J=rf d -- \ \ , I I / ,\ — L. ._ : • i\ ,pii — �_.._ ^ -- -K/ � I I. \ \ 4041/ .� " \ � i:• ' \ I \ _....._ 4,,♦ i I f • I I — _ _—___ I • ',Jr.— L. 0 � . ' l . , ,r , ` . N , � A ,. J6Ol eft „au1,F, �/ ,,,,,,v,'•., , 6,,-,-.1,e- ( ' X '�;Lu,' i.:;:.i', .:_„ .rtl£wi.'i._:elll ‘.;‘‘...1:. _�i� w s; _ , Q1 \ sr'f?1, ( II -41001 I ISE i \ tt�\\� iE 3N �.� �,;:r . Q I �'3 I I ,.,5 '�.` 1 \C i\'':/4,.\e• / ;, �J� S, i % /r r q 2 \ / N'',.*-, a; ;a'�r.Yx;'„'2 vt, '' qtr 'yAdo tp \ $.YfY ( J i� ' I < < — — ., %W a \i 1 . I I CPA 2008 M:03 eht Department of Community Area Proposed for INibir &Economic Development Legend Comprehensive Plan Land Use Designation Alex Pietsch,Administrator ®CPA 2008 M:03 from Residential Single-Family(Residential-8 zoning) Adriana Johnson,Planning Technician to Commercial Corridor(Commercial Arterial zoning) Eli Renton Parcels LMCity Limits September 23,2008 N vtoduced 4y=dr of f .nlor I,I',CV;the CON of 0 110 220 -(i)- u env ,:rf. Feet F:Ie PL)o,ar.'•Grf1Sf'p.12 i3 1, 3 or r,�arplao,,alr,an<im.^.ni::pa2003 E*,t,:;'. 1:2,400 inraad'n;a hutnn-.1 hrir,':I to a:.unaq.fitr:•,cd :n.d.:„c x2003.„+r03 ?&t d.tru,! msrch.,ntpblittp at c.^,tnoanp''Ns f:,--3oot f ` CITY OF RENTON, WASHINGTON Nome ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, ZONING DISTRICTS — USES AND STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," TO AMEND THE REGULATIONS REGARDING EXISTING GOLF COURSES AND EXISTING INDOOR RECREATIONAL FACILITIES IN THE RESIDENTIAL FOUR DWELLING UNITS PER ACRE (R-4) ZONE. CPA-Ada¢-44-dy WHEREAS, the City's Development Regulations allow Existing and New Golf Courses to occur in lower and higher density residential designations than the Residential Four Units Per Acre (R-4) zone, but not in the Residential Four Units Per Acre (R-4) zone; and WHEREAS, the City's Development Regulations allow new Indoor Recreational Facilities, but not Existing Indoor Recreational Facilities to occur in the Residential Four Dwelling Units Per Acre (R-4) zone; and likaw WHEREAS, the City seeks to resolve inconsistencies in the Development Regulations; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and public hearing, and a public hearing having been held thereon on or about October 1, 2008; and WHEREAS, said matter having been duly considered by the Planning Commission; and WHEREAS, said zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning text amendment; fir.. 1 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, Ned WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-2-060.J, Entertainment and Recreation, of Chapter 2, Zoning Districts —Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended so that Golf courses (existing) are permitted in the R-4 zone by placing a"P" in the box associated with the column for the R-4 zone and the line associated with Golf courses (existing), as shown in Attachment A. Additionally, the Section is hereby amended so that Recreational facilities, indoor, existing are allowed as a Hearing Examiner conditional use in the R-4 zone by placing a "H" in the box associated with the column for the R-4 zone and the line associated with Recreational facilities, indoor, existing, as shown in Attachment A. *44004 SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor 2 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1519:11/7/08:scr 3 r - ) P 1 4-2-060 ZONING USE TABLE—USES ALLOWED IN ZONING DESIGNATIONS: ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-8 RM R-10 R-14 RM IL IM IH CN CV CA CD CO COR UC- UC- H _ N1 N2 J. ENTERTAINMENT AND RECREATION Entertainment Adult entertainment business P43 P43 P43 P43 P43 P43 Card room P52 P52 P52 P52 Cultural facilities H H H H H H H H AD AD AD AD AD AD AD AD AD AD AD90 Dance clubs P38 P38 P38 AD P20 H P38 H Dance halls P38 P38 P38 AD P20 H P38 H Gaming/gambling facilities, not-for-profit H38 H29 H38 H2O H38 Movie theaters P38 P38 P38 AD P20 P P12 P83 P94 H O Sports arenas, auditoriums, exhibition P38 P38 P38 P20 P H84 H96 W z halls, indoor W Sports arenas, auditoriums, exhibition P P38 P38 AD20 H84 H96 x z U halls, outdoor d Q Recreation H Z Golf courses (existing) P P P _P P P d Golf courses, new H P H H H H Marinas P P21 H97 Recreational facilities, indoor, existing H P33 P38 P38 P38 P P P P65 P21 P78 P94 Recreational facilities, indoor, new H H33 P Recreational facilities,outdoor P33 P32 P32 P32 H2O H38 CITY OF RENTON, WASHINGTON ' N3 A r ORDNANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE 2008 AMENDMENTS TO THE CITY'S 2004 COMPREHENSIVE PLAN, MAPS, AND DATA IN CONJUNCTION THEREWITH. WHEREAS, the City Council of the City of Renton has heretofore adopted and filed a "Comprehensive Plan" and the City Council of Renton has implemented and amended said "Comprehensive Plan" from time to time, together with the adoption of various codes, reports and records; and WHEREAS, the Planning Commission has heretofore fully recommended to the City Council, from time to time, certain amendments to the City's "Comprehensive Plan"; and WHEREAS, the City of Renton, pursuant to the Washington State Growth Management Act, has been required to review its "Comprehensive Plan"; and WHEREAS, the City has held a public hearing on this matter; and WHEREAS, the Planning Commission has made certain findings and recommendations to the City Council, including implementing policies; and WHEREAS, the City Council has duly determined after due consideration of the evidence before it that it is advisable and appropriate to amend and modify the City's "Comprehensive Plan" and WHEREAS, such modification and elements for the "Comprehensive Plan" being in the best interest for the public benefit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: ORDINANCE NO. SECTION I. The above findings and recitals are found to be true and correct in all respects. SECTION II. The "Comprehensive Plan," maps, data and reports in support of the "Comprehensive Plan" are hereby modified, amended and adopted as said "Comprehensive Plan" consisting of the following elements: Introduction, Vision, Capital Facilities, Community Design, Economic Development, Parks, Recreation, Open Space, and Trails, Environmental, Land Use and Land Use Map,Transportation, Utilities, and Community Planning as shown on Attachments A, B, C, D, E, F, G, H, I, J, K, and L and incorporated herein as if fully set forth. SECTION III. The Economic Development, Neighborhoods and Strategic Planning Administrator is hereby authorized and directed to make the necessary changes on said City's "Comprehensive Plan" and the maps in conjunction therewith to evidence the aforementioned amendments. SECTION IV. The City Clerk is authorized and directed to file this ordinance as provided by law, and a complete copy of said document likewise being on file with the office of the City Clerk of the City of Renton. SECTION V. This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. 2 ORDINANCE NO. Nose Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 3 4 fed: 42_7-AO? CITY OF RENTON, WASHINGTON RESOLUTION NO. 3/4 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTER-AGENCY AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES FOR THE PURPOSE OF ALLOWING THE CITY OF RENTON TO CONTRIBUTE FUNDING TO THE LAKE WASHINGTON DRY DOCKS REMOVAL PROJECT. WHEREAS, since 2005, the City has been working with the State of Washington Department of Natural Resources (DNR) on the removal of two derelict and abandoned drydocks on Lake Washington off shore from Quendall Terminals; and WHEREAS, the City has been asked by the DNR to contribute $200,000 of the approximate $3,000,000 cost for removal of the drydocks; and WHEREAS,the parties wish to memorialize the City's contribution in writing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorizing to enter into the Inter-Agency Agreement with the State of Washington Department of Resources, Agreement No. IAA 09-38, for the purpose of allowing the City of Renton to contribute funding to the Lake Washington Dry Docks Removal Project. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES::11/25/08:scr 2 /Qdopled: /01-1--,10r CITY OF RENTON, WASHINGTON RESOLUTION NO. 1=7- 3 9(7 A RESOLUTION OF THEMIWPFRPINgiwnIrifittE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY METRO TRANSIT REGARDING THE KING COUNTY METRO ROUTE 110 PARTNERSHIP AGREEMENT. WHEREAS, there is a current need for mid-day, off-peak service to large employment sites and attractions in Renton; and WHEREAS, King County Metro Transit has proposed an agreement that would extend thirty(30)minute service between the hours of 9:00 AM and 3:00 PM by adding twenty-five (25) additional trips to Route 110 and extend the route to the south to S.W. 27th Street and to the north to Gene Coulon Park; and WHEREAS, the agreement would be a cost sharing arrangement with the City paying one-third of the annual estimated cost in year one of $199,743.57, the full year cost estimated to be $599,230.71; and WHEREAS, over the five year life of the agreement the total cost to Renton would be $998,717.85; and WHEREAS, it is in the best interest of the citizens and business within the City to sign this agreement to provide the expanded service on King County Metro Route 110; 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. 1 RESOLUTION NO. 1387 SECTION II. The Mayor and City Clerk are hereby authorized to enter into the inter-local agreement entitled Transit Service Direct Financial Partnership Agreement By and Between King County and the City of Renton, Washington. 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.1387:1 l/17/08:scr 2 /5/ feadd2 y 044/49 rred 7d reQd46y CITY OF RENTON, WASHINGTON 0,4, /,4 — ows? ORDINANCE NO. 54419' AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING A NEW CHAPTER 29, TITLED GRAFFITI CONTROL, RELATING TO PROHIBITION AND REMOVAL OF GRAFFITI. WHEREAS, graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community; and WHEREAS, unless the City acts to facilitate the removal of graffiti from public and private property, the graffiti tends to remain, which can in turn cause other properties to become the target of graffiti, affecting public safety and quality of life in entire neighborhoods; and WHEREAS, enacting this ordinance is to help prevent the spread of graffiti vandalism and provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Title VI (Police Regulations) of ordinance No. 4260 entitled "Code of General ordinances of the City of Renton, Washington, is hereby amended by adding a Chapter 29, titled Graffiti Control, to read as follows: CHAPTER 29 GRAFFITI CONTROL SECTION 6-29-1 Definitions 6-29-2 Unlawful application of graffiti 6-29-3 Unlawful possession of graffiti implements or paraphernalia—Exceptions 1 ORDINANCE NO. 6-29-4 Restitution—community service 6-29-5 Use of public funds for graffiti removal 6-29-6 Action Against Parent for Willful Injury to Person or Property by Minor— Monetary Limitation— Common Law Liability Preserved 6-29-7 Rewards 6-29-8 Severability 6-29-9 Third Party Liability 6-29-1 DEFINITIONS: The definitions set forth in this Section apply throughout this chapter. A. "Aerosol paint container" means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, dye, or other substances. B. "Felt tip marker" means any indelible marker or similar implement, with a tip at its broadest width greater than one-eighth inch, containing anything other than a solution which can be removed with water after it dries. C. "Graffiti" means any unauthorized inscription, word, figure, painting, design, label, marking, symbol, or other defacement that is marked, etched, scratched, engraved, drawn, painted, sprayed, or otherwise affixed on any surface of public or private property, either natural or manmade; to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is deemed a public nuisance. The owner or occupant cannot authorize a public nuisance. 2 ORDINANCE NO. D. "Graffiti stick" or "paint stick" means any device containing a solid form of paint, chalk, wax, epoxy, or other substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth of an inch in width. E. "Gum label" means any sheet of paper, fabric, plastic, or other substance with an adhesive backing which, when placed on a surface, is not immediately removable. F. "Graffiti implement or paraphernalia" means any aerosol paint container, felt tip marker, graffiti stick or paint stick, gum label, brush, roller, or etching tool or any other device capable of scarring or marking any surface, including but not limited to glass, metal, concrete, or wood; and any piece, design, or scrapbook or drawings illustrating graffiti marks or signs. G. "Owner" means any entity or entities having a legal or equitable interest in real or personal property. H. "Occupant" means a tenant, lessee or renter. I. "Premises open to the public" means all public spaces, including, but not limited to, streets, alleys, sidewalks, parks, and public open space, as well as private property onto which the public is regularly invited or permitted to enter for any purpose, the doorways and entrances to those buildings or dwellings, and the grounds enclosing them. J. "Property" means any real or personal property which is affixed, incidental or appurtenant to real property, including, but not limited to, any structure, fence, wall, sign, or any separate part thereof, whether permanent or not. 3 ORDINANCE NO. K. "Responsible public agency" means a public owner, the United States of America, the state of Washington, or any other state, and all political subdivisions thereof, a federal, state, or local department or agency, the director or administrator of a federal, state, or local department or agency who has authority over the public property's maintenance or management. There may be more than one responsible public agency for a particular public property. L. "Responsible private party" means a private owner or occupant, an entity, a person acting as an agent for a private owner by agreement, a person or entity who has authority over the private property, or a person or entity responsible for the private property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, each private owner shall always be a responsible private party for the purposes of this chapter. There may be more than one responsible private party for a particular private property. M. "Unauthorized" means without the prior express permission or consent of a responsible public agency or a responsible private party. 6-29-2 UNLAWFUL APPLICATION OF GRAFFITI: A. It is unlawful for any person to paint, spray, chalk, etch, draw, mark, or otherwise apply graffiti on any natural or manmade surface on a public or, without written permission of the owner or occupant, privately owned: buildings, signs, walls, fences, permanent structures, property, or places or other surfaces within the City. B. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and may be punished by a fine of not more than one thousand 4 ORDINANCE NO. dollars or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. 6-29-3 UNLAWFUL POSSESSION OF GRAFFITI IMPLEMENTS OR PARAPHERNALIA— EXCEPTIONS: A. It is unlawful for any person to have in his or her possession any graffiti implement or paraphernalia, in a manner or under circumstances demonstrating his or her intent to paint, spray, chalk, draw, etch, mark, or otherwise apply graffiti, while: 1. In a public place, or private property without the prior written consent of the responsible private party; or 2. On any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property; or 3. While in or upon premises open to the public, or while in or upon any public facility, playground, recreational facility, or other public building or structure owned or operated by the City or while in or within fifty feet of an underpass, bridge, overpass, pedestrian crossing, bridge abutment, storm drain, retaining wall, transit shelter, or similar types of infrastructure unless otherwise authorized by the City or responsible public agency. B. Exceptions. 1. The proscriptions of Subsection A2 of this Section shall not apply to the possession of broad-tipped markers or other implements by a student attending and actively enrolled in a class which formally requires use of such markers or implements, while the student is attending class or traveling to or 5 ORDINANCE NO. from the school at which the class is being attended. The burden of proof in any prosecution for violation of Subsection B of this Section shall be upon the student to establish the need to possess a broad-tipped marker or other implement. 2. The proscriptions of Subsection A2 of this Section shall not apply to an authorized school employee, volunteer, contractor, or parent of a student attending class at the school. 3. The proscriptions of Subsection A3 of this Section shall not apply to an authorized City employee of the City of Renton or agents thereof, or its contractors or employees of other government agencies working with the City of Renton. C. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and may be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed 90 days or by both such fine and imprisonment. 6-29-4 RESTITUTION—COMMUNITY SERVICE: A. In addition to any punishment specified in this ordinance, the court may order any violator to make restitution to the victim for damages or loss caused by the violator's offense in the amount or manner determined by the court. For purposes of this Section, if the City uses its funds and/or other resources to remove graffiti from city-owned property or, in agreement with the owner, from non-city owned property, the City shall be considered a victim for purposes of restitution. 6 ORDINANCE NO. B. In lieu of, or as part of, the penalties specified in this ordinance, a violator may be required to perform community service as described by the court based on the following minimum requirements: 1. If the Court wishes to impose community service in lieu of other penalties provided herein, the violator shall be ordered to perform at least 30 hours of community service; and 2. The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police or his designee; and 3. Reasonable effort shall be made to assign the violator to a type of community service that is reasonably expected to have the most rehabilitative effect on the violator, such as ,community service that involves graffiti removal. 6-29-5 USE OF PUBLIC FUNDS FOR GRAFFITI REMOVAL: Whenever the City becomes aware of or is notified and determines that graffiti is located on publicly or privately owned property visible from premises open to the public, the City is authorized to use public funds for the removal of graffiti, or for the painting or repairing of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless it is determined in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive 7 ORDINANCE NO. area. All aspects of graffiti removal are at the discretion of the City including, but not limited to the method of and material used for repair. 6-29-6 ACTION AGAINST PARENT FOR WILLFUL INJURY TO PROPERTY BY MINOR—MONETARY LIMITATION—COMMON LAW LIABILITY PRESERVED: The parent or parents of any minor child under the age of eighteen (18) years who is living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, shall be liable to the owner of such property in a civil action at law for damages in an amount not to exceed five thousand dollars ($5,000.00). This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence. 6-29-7 REWARDS: The City may offer a reward not to exceed three hundred dollars ($300.00) for information leading to the identification and apprehension of any person who willfully damages or destroys any public or private property by the use of graffiti. The actual amount awarded (not to exceed $300.00) shall be determined in the discretion of the Chief of Police. In the event of damage to public property, the offender or the parents of any unemancipated minor must reimburse the City for any reward paid. In the event of multiple contributors of information, the reward amount shall be divided by the City in the manner it shall deem appropriate. Claims for rewards under this section shall be filed with the Chief of Police or his/her designee in the manner specified by the Renton Police Department. No claim for a reward shall be allowed unless the City investigates and verifies the 8 ORDINANCE NO. accuracy of the claim and determines that the requirements of this section have been satisfied. 6-29-8 SEVERABILITY: Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Renton hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. 6-29-9 THIRD PARTY LIABILITY: It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the party of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the 9 ORDINANCE NO. part of the City related in any manner to the enforcement of this ordinance by its officers, employees or agents. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie 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.1493:7/18/08:scr 10 st:4241,07 • i/-/7 aor reading ./ adop/1o" CITY OF RENTON, WASHINGTON /0'1-/4061F ORDINANCE NO. 54'30 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING THE FISCAL YEAR 2008 BUDGET BY INCREASING FUND 000 BY $509,900 FOR THE PURPOSE OF PURCHASING EQUIPMENT FOR THE RENTON FIRE AND EMERGENCY SERVICES DEPARTMENT. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the General Fund is hereby increased as follows: Fund 2008 Original Budget 2008 Adjusted Budget Increase Budget Fire Suppression Machinery and Equipment $610,278 $509,900 1,120,178 000.000000.009.5220.0020.64.000000 Source of funds: Fund Balance (Grant Reimbursement) SECTION II. Funds for this line item are hereby added to the 2008 Budget and hereby removed from the year-end fund balance. SECTION III. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor 1 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1520:11/1 0/08:scr 2 RevttoiA, Cftj Cou.wc�L 1# Afro iecewkber 1, 2008 a0V1 ,wc,u.w,teVeKtts Sat., 12/6, 5:00 pm, Holiday Tree Lighting, Piazza Park Thurs., 12/11, 5 pm, Chamber Holiday Auction, Spirit of Washington Event Center Coilk v ttee Meeti,vLcs tilities Committee,0•1/04/08, (Zwicker) pricelled vP nning & Development Committee, /08, (Parker) ncelled ransportation Committee, 04/08, 0 pm, Council Conference Room -(Gorman) *Airport Layout Plan ‘,21—Contract with Parametrix for Seaplane Base Dredging and Shoreline Mitigation Project L,2'rLocal and Regional TranspoCation Issues Update mance Committee, 1lT/08/08, 4:00 pm, a ncil Conference Room - (Persson) Vouchers Li21 School District Impact Fees ontract with Qwest for Replacement of City's Telephone System Contract with GM2 Systems for Information Services Management Parks Expansion Levy - Renton Allocation r Reclassification of Five Positions Allocation of Lodging Tax Funding 42timmittee of the Whole,12/08/08; 0 pm, Louncil Chambers, (Palmer) AI Highlands Task Force Recommendations Annexation Update k_