Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutCouncil 08/18/2008 AGENDA RENTON CITY COUNCIL *REVISED* REGULAR MEETING August 18, 2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PUBLIC MEETING WITH THE INITIATOR: Earlington Annexation- 10%Notice of Intent to annex petition for 100.81 acres located generally west of 80th Ave. S.,north of S. 134th St. 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. NOTICE to all participants: pursuant to state law,RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. 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 8/11/2008. Council concur. b. Mayor Law appoints Kelly Bailey to the Library Board for a term expiring on 6/1/2013. Refer to Community Services Committee. c. Mayor Law appoints the following individuals to the Planning Commission: Lisa Brines for an unexpired term expiring on 1/31/2011 (position previously held by Yong Lee),Michael Drollinger for an unexpired term expiring on 6/30/2010(position previously held by Robert Bonner,Jr.), Shawn Duffy for a term expiring on 6/30/2011, and Kevin Poole for a term expiring on 6/30/2011. Refer to Community Services Committee. d. Mayor Law appoints the following individuals to the Municipal Arts Commission: Valerie Gower for an unexpired term expiring on 12/31/2009 (position previously held by Kristi Hand), Wesley Van Doren for an unexpired term expiring on 12/31/2009(position previously held by Eleanor Simpson), and Denise Zullig for an unexpired term expiring on 12/31/2010(position previously held by Dawn Murin). Refer to Community Services Committee. * e. Administrative,Judicial and Legal Services Department recommends amending and extending the cable television franchise with Comcast through 2013,implementing a 35-cent per subscriber Public-Educational-Governmental (PEG) fee; and approving a lease agreement for the City's I- net. Refer to Committee of the Whole; set public hearing on 9/18/2008 9/8/2008. f. Court Case filed on behalf of Cedar River Water and Sewer District and Soos Creek Water and Sewer District by David F. Jurca,Helsell Fetterman, LLP,regarding alleged unlawful sewer disposal charges and payments made from the Water Quality Fund(Brightwater). Refer to City Attorney and Insurance Services. (CONTINUED ON REVERSE SIDE) g. City Clerk reports bid opening on 8/12/2008 for CAG-08-115,Dayton Ave. NE/NE 22nd St. Drainage Improvement project, 15 bids; engineer's estimate$195,032.61; and submits staff recommendation to award the contract to low bidder Pivetta Brothers Construction, Inc. in the amount of$162,990. Council concur. h. Transportation Systems Division recommends approval of Supplemental Agreement#8 to CAG- 03-131, agreement with Berger/Abam Engineers, Inc. in the amount of$389,038 for services for the Duvall Ave.NE Widening project. Council concur. i. Utility Systems Division requests approval to accept$70,251 from the Washington State Department of Ecology's 2008-2009 Coordinated Prevention Grant Program for efforts promoting food waste composting. City's share is$23,417. Council concur. (See 8.a. for resolution.) j. Utility Systems Division recommends approval of addendum#5 to CAG-03-160,King County Suburban City contract, accepting$29,386.95 for Renton's 2008 Local Hazardous Waste Management Program. Council concur. (See 8.b. for resolution.) k. Utility Systems Division requests approval to accept$219,462 from King County's 2008-2009 Waste Reduction and Recycling Grant Program to fund Special Recycling Events,the Natural Yard Care Program, and the Renton ReUse It! event. Council concur. (See 8.c. for resolution.) 1. Utility Systems Division recommends re-appropriating$21,940 from the Water Utility's Intermittent Salary and Benefits budget to their Machine and Equipment budget to purchase a vehicle from the Development Services Division for the Cross-Connection Control Program. Council concur. m. Utility Systems Division recommends amending the 2008 Budget by transferring$600,000 from the 2008 Shattuck Ave. Storm System Improvement project account to the Carr Rd./Panther Creek Emergency Culvert Repair project account and further recommends, due to the emergency nature of the project,that the Mayor and City Clerk be authorized to sign the construction contract provided that the contract amount does not exceed $600,000. Council concur. (See 8. for ordinance.) n. Utility Systems Division recommends amending the 2008 Budget to accept$337,132 from the Federal Emergency Management Administration(FEMA)to repair damages to the Elliot Spawning Channel and Maplewood Sedimentation Pond related to the November, 2006 and December, 2007 flood disasters. Refer to Finance Committee. 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. Finance Committee: Cable Franchise Renewal* 8. RESOLUTIONS AND ORDINANCES Resolutions: a. 2008-2009 Coordinated Prevention Grant Program(See 6.i.) b. 2008 Local Hazardous Waste Management Program grant(See 6.j.) c. 2008-2009 Waste Reduction&Recycling grant(See 6.k.) Ordinance for first reading: 2008 Budget amendment re: Panther Creek Culvert Repair project fund transfer(See 6.m.) Ordinance for second and final reading: 2008 Budget amendment re:Neighborhood Program fund transfer(1st reading 8/11/2008) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT (CONTINUED ON NEXT PAGE) COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7th Floor Conferencing Center 5:30 p.m. Emerging Issues in Fire and Emergency Services; Solid Waste Services • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM fY O C.), ® s • ‘eZNr-r0� EARLINGTON ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS August 18, 2008 The City is in receipt of a Notice of Intention to Commence Annexation Petition from property owners in the proposed Earlington Annexation area representing more than 10% of the area's $43,610,800 assessed value. Under RCW 35A.14.120, direct petitions to annex are initiated by property owners representing either at least 10% of the annexation areas assessed value. The King County Department of Assessments certified the signatures on the petition on July 16, 2008. The irregular-shaped proposed Earlington Annexation site is generally located west of Hardie Avenue Southwest, north of South 134th Street, west of 80th Avenue South, and south of South 130th Street. The approximately 100-acre site is located in the City's Potential Annexation Area. lisse The area is currently designated Residential Single Family (RSF) and Residential Medium Density (RMD) on the City's Comprehensive Plan Land Use Map. The site currently has King County R-6, R-8, and R-12 zoning. It is likely the City will zone the area R-8, eight units per net acre, consistent with the RSF land use designation and either R-10 ten units per net acre or R-14 fourteen units per net acre, consistent with the RMD land use designation. The zoning would occur simultaneously with the annexation process if the Council authorizes circulation of a 60% Direct Petition to annex, applicants are successful in getting sufficient signatures, and Council decides to accept it. Council is required to hold tonight's public meeting with the applicants in order to decide whether the City wishes to accept, reject, or geographically modify the proposed annexation. If the Council decides to accept the proposed annexation it will typically: 1. Authorize the circulation a 60% Direct Petition to Annex: 2. Decide whether to require the simultaneous adoption of proposed zoning consistent with the Comprehensive Plan; and, 3. Decide whether to require property owners within the annexation area to assume their fair share of the City's existing indebtedness. . .• , „4. f.....0 \ ,, 1 '11 1 iii 11/41149rA '1 ........41L, . ;." .... 7.1 t I IIII iLitik b I _ z — 1 i M4 h i , „.... _ . „II 474 Ilf-... ) ,...44- 0 dit It" ' Ir. ... , ,-, Ii NI at ''' ', , .3.t ,,,..„,f i ilt .1;k' ''''' '''''' ' * 3 5, (3 • • , , , AI— -1-4 ' i ai i al \ i r„ 0 ...,,,,,,..... II 4 c .,t, \ fo', IF - .*. . I i „ . 1 * , Is now , 1 ' pi 5, s- i # - IN , i a ti, .... ...... plWin 4 lk mom .... .., , 0, 1 „,,,,„,. —a % 1 ., i .. t. 11111= **A.,1•"` IN= 11111 . ' f ....., .Mill 111 ,.........,,_,_ ,.„,3 t t ,, SiNi 1irc . 1114.' — ', ' . - • Al I „ I III • . II . ill 1 1 ar"' il am 1 , . -,...k ri %....„....., ,o-N4 I L-iti, - ,„,„,, ,,,„........, ...„ , ‘,..,,,,,,,„, ,r, , '1.., _ _ ,. ..„ r-,N. ...,., ir' 11 I El .11 ...... I 1 W , #4. l' 4r.t., iv . ,...--.. 1 I ; ., 4,....4 - --sr36— j,,_ _• . .rd SL.„, lug . Kt., ''''t 1 404. - m. T,ts, ,, 1 itt ,4., ,,,,,,,„.4.1 1 I ( .,,I 710/41 III. ff , ,4 ' . 44""A.,... ..ii.t7.....r.,.. 33j w...,,. .j..). ,[4\444 ...11 . —1,....—. ....7. --.... 41 1 ... 1-. tifil,,1: 11,...., i li Qg- unimio, .. -,,,.%( Siti,„ 1 _''''''"•.6. liri y 1 i \•=1:,..\ Ne N.,:,': _e"t*,?/6,1_, i 1416"r•....... .2% -1 ..4. im-,J Th a"`9- ),\Department of Community Lloyd Earl ington Annexation Area Bouncary (*)&Economic Da&opment 1,70.; Nez Fletch Mmvisntx 1:1 Cly Li rntS AzilM moa mera&ma Firnr47ErE-can -''',„EErpil jrilELtay 260 522 . ilimm=1Fei't 0 viS i„'li,nr.. ,;,.J.,,r,..,t, ,- ,Cthetsr,Zik C0'.1.4, 'r3 4_.i � C oN ♦ o GS�Y �2 �z Recommendation • The Administration recommends that Council: • Accept the 10% Notice of Intent Petition for the Earlington Annexation, and • Authorize circulation of a 60% Direct Petition to Annex (assessed value method) specifying that: • Signers support future zoning consistent with the City's Comprehensive Plan land use designation for area, and • Signers will not be required to assume their proportional share of the City's existing outstanding indebtedness. l`SY O U� A ��NT°z Conclusion • The best interests and general welfare of City are served by this annexation • Furthers City Business Goals by ensuring higher quality development and the efficient provision of urban services • Consistent with City annexation policies • Consistent with Boundary Review Board criteria • Small annual revenue deficit predicted at existing development and a surplus at full development ��' Comments • Staff comments (cont.) ■ Transportation systems - existing roadways do not necessarily meet City standards, but street upgrades will occur at the expense of new development. Also, the intersection of S. Langston Rd/S. 132nd/80th Ave S is a high accident location that may require the City to incur some costs as a participant with King County to reduce accidents. • All departments indicated that the proposed annexation represents a logical extension of their services and no concerns were expressed. � fi � ;ZI\irC°. omments • City staff representingCity functions reviewed the proposed annexation. • Surface water - updates to some of the stormwater infrastructure may require expenditure of capital funds. Also, initial documentation, inspection, and maintenance of the area would require staff, but over time service requirements would be similar to other areas of the City. • Parks - shortfall of recreation amenities and activities when compared with City of Renton Level of Service goals. However, King County' s Bryn Mawr Park is 3/4 mi. away and has many amenities. OtiSY • =1R 'N' Fiscal Impact Analysis Current Full Development Development Assessed Value $69,040,500 $ 199,500,000 Revenues $ 176,486 $748,088 Costs $239,561 $671 ,564 Surplus/Deficit ($60,074) $76,524 • Number of lane miles of roadway is high in this annexation area - 11 .57 existing. • For example, the Shamrock annexation is a larger area with only 3.51 miles of existing roadway. ,,vi. 0 4. R q 'Arry° Fiscal Impact Analysis • General Fund cost and revenue implications - NI Assumptions: • 127 dwellings currently • + 272 additional dwellings at full development • New assessed home value of $500,000 ;AR � o Relevant Boundary Review Nrr Board Objectives • Dissolution of inactive isalidb2. Iffiuti amno special purpose districts �Q°fi$et�kwr 4'cpalga�ose ctl�t�i�tk� • Adjustment of impractical StingogriMiwititlipithe boundaries Wacted to annex • Incorporation as cities or towns or annexations to exation area.is.in , 1 e,sa en arse e s i cities or towns of as Art �ri was s�ulc� unincorporated area which lc�iara"cter in cu�iaracter are urban in character Uti�Y �A �� Relevant Boundary Review Board Objectives • Preservation of natural No Change neighborhoods and No Chang communities • Use of physical IrsbilomcdBilly boundaries Utblitict4r0Attiditibtaitaqs (-6103parcel lines) • Creation and preservation SS�icieez��bunrlel�aes ls3b of logical service areas prervidouag' edthicOy daias • Prevention of abnormally BillOttIphiks4ciligArGB irregular boundaries boundary i � � Relevant City Annexation ��Nzoz Policies • Policy LU-378. The City should encourage the annexation of all territory within its PAA as depicted on the City's adopted land use map. • Policy LU-380. Immediate areas for annexation should include territory contiguous to the City such as: developed areas where urban services are needed to correct degradation of natural resources. • Policy LU-386. Promote annexations which would include residents who already use City services or impact City infrastructure. Renton Zoning • 1 zone with Residential Single Family Comp Plan Designation: ■ 8 dwelling units per acre - (R-8) • 2 zones with Residential Medium Density Comp Plan Designation: • 10 dwelling units per acre - (R- 10) • 14 dwelling units per acre - (R-14) • Zoning will occur concurrently with the annexation process and will include a public oilhearing _y c) `c.a."U♦� � Comp Pan, Renton At T I ' ,M 1 / NVY 3 Sr �.. OA �.L � - �_. - i,,,, _ <�.a,,, ,.. , P , „, , , ,„ .... _ --- , t « I ----t:--41:. I 4 —711,,,, ,.s., -- IL1:7 ,. Sr— �- ='�. � -----1 _ 1- --' _ , ri Vis. -7 N j� s; _ I L — — ,,,,,, 'mak, z' I Ir\ i i 1 .'z... i 7-13\11r-\?''' I ' fin. r«4"'� --- „,�,.. x` ..,� I H ) fix, ,�t_ i - ^^-�.,,.�r i t C Y i .7--�... ..�..' a'"".. h `•. E E ;'-".�„�; it t j 'F -+ r` , _ F.�.... 11 i 4/..„,,..J„.„. ..,„_,,,.„,...,./ 7,', '$Hes: J __..{. ., i r .,.,""...�.-.'", tj k..�,. : `^:'.Io yxwea r °� . - $,`7 `'._ —. -_,L - tr i 1 , i l' iy _ • Renton Comp Plan Designations • Residential Single Family & Residential Medium Density , . 0 ._,,„,..,_ + , ,,, King CZoning 3 Sia ' tee' - t y ,, lFFIFF TTT a _ '�" • �y — ,.„9..,;.i.:1_(,....,., _i ti �. •� R- 1 „,, 411,,,,i, i_,,,,, _.%),(-,i.—,L.t: , -fis::,:i i,.,-,,:;::::1--------- •- , 1 q '!,;,'';-.1 I / I — —1 1_,, i_i . ! ,.,, , ,, . -- I 'f---' I ] \ /, ',t 71!:::6!,:,,-;_lie,,i.l',,,, ” .t k�. .x�tIE'L1P ,1 i,: ,,,..,,1,:;.::01:11,.: 6,Etsti .,;!1:1‘‘?„,1::,,,::t:.0,%,'''';i10:61:i'.,:,;,4,141;.;,,,,:1,,,i7.,,,,is, Lit i i i'';'.'-2,:?:,:,.,',,,:/,,,%,j:::;,1''':;,,,,,ilkir4':44,14:17'Z.4:i, i12.'4'1;''1§...:147,3fIli IC\ ' , ,'''''''.14‘„:7---',',. ..'''-:.::,...„i„.4 i ....i II ily tillftt ! t fvmsft. r • KC Zoning • Residential 6 du/acre (R-6), Residential 8 du/acre (R- 011 8), and Residential 12 du/acre (R- 12) -y- `, O, ..„,„.,,, -71N0, ,,,A, Plan DGlngoom• , ., , ., , _,, , . . _____ , . . ,,,,, r_______. ,,,,- ,,,,_ „ L, ::,_ L__ -_,C �•';°`.... .,.r:�5_''_ � fi�z'"c?°,`<,�", E ".'4.6 ' ,giii f �i J ✓''`a '�, � � ,_,,, ,,,,,,, / / _, ___ , .„, ,,,„, _ 'j.pf � Y f��_:„t! ! t i —T i 1 - fl 1 ,, �� j ,' 1 I 1 N. f • �st ir' 1 — f a ti " , = Tom ,, ` _, ° — ,rrfl .a—r , of i 1 ' '•T ; , 1 — 4. t , _ t `- A.:- -„,...... it f �' , .. '':� • KC Land Use Designation • Urban Residential 4 —12 du/acre Iisting on pions Public ervices ....,r, .., ,... _ __ ................ .... _____. 0, • Fire �. ■ Fire Distract #20 (°4 '�� • (Renton Fire will serve) ,.........„.,,,c;_ ____---- ,. : ,-1.3.,P. x • Utilities �` � le,� 'f N MF . • ..,.., • Renton Water & Sewer Utility Service Area [ II z • (no change) • Schools # ; ;. . ■ Renton School District "`� of 4 E �!� � h n m, • (no change) , �: , onditions — _xisting „ , :_ , ,...•• ,„,„ , , _,,, _...2r '.', '41,;!.. ronmentaEnvi ,, r! ; . -,..!4. —V ft -4V , [ !';' ' '..,' _r'------r.,,''''' I, ,,,,,,, ”,,,,,,,,,i J,,,,,..,, i 1,- i ';',,,, , i'.4,:: I 1 ,,‘,..- i .4:1 , 1,'', ,,, , ,,t,,,,,NwEir,rr'''', ' .,,,,,7 i – ---[ I____ ;.i,..1 .,-- --... .-",i'. -----,...1, 1 , AA -,_,„.H...- ft 4,‘'?" ,, V I AML AApp ,N;t.:- . .-,,,,.....;:-,;:r. ..''......' ''''' • . . Iplii,kZW:., '', N 740::::7:„....„,„*.., 1 i I � i Y 40400 tet\ _, : r t _ 1 r �` /,11'''2i.. ..:';'? -.ter r< ' '� �r---1-4._.J..+4.,--1,_,..„,,Q -�-L;��f,-.,..*%...,:'.::,,,,ii� k „��,�77 \------ __..__ � i l : 1 -� 1 7 � ! � 1 Baa"," - 1 4i - I ��{{ r —.. s ..-.---------::::1----1---.2:::::------ ------„2,---------- :: :1:4141/4:"?‘..:'.;''',../...1",40,11 1.4 &*(1 1,..4.;0,,,.:' 1...1.1,,,,:1--.7_ -!'i: _____, I HIII*0.4.7. -, r• iff ` _,y r �\ C =` -. C^J._- W Wim. .- � t. 1 t • Natural drainage course — possible stream xisting - Topography I ;:::•-4''''t'ILVW: -'','": t":: ':•:/ �'`i �� ' �� x i ._ ., _ ,. .J + 0--,::::it z � I __ � � 4� x�� E ,.-s: �,�`w $,n,.e J' j.B '2 moi 4- '. , � �"�, �� .,�� ip�z .. f i E Ak‘44%k::4 ' , '' > ,-7 ,,-/"1.:1,2--**::4 to; ; y� J, $dL i� k q� "-. v' Y 1 "_"'_^s+e , i - " k �ewS".. FL' I111 1'4 .', zt •xZ s� 1/� .i r3 .«u�..ir' S#, 1 ;e.q ''b�� 2`t 1� ...s 'C `} K�l .+."aC :N � I/Y' ] L :<-.? \-- ( 4r y�� y� „,/ bit„,i , : --.;.---1,--, ,,*r— ---------',447,„,foL ',,,k —7:-.,--•,- ,7,.---. --,.,,,, ,----- ,� L: ?' ,: `� `''..1".a1 I �.j tr , "' .-.-�wr"'"" . .. �. ,' ` Y�!"'. � .A • .0.))114va,., „:014:� r ii S1341hS � rT j j? + '4 w �., ETi ok a Sts � i t ,• 7i to .. , t''W.— " !Y 'mow Gq m -"Sra.,,h . g( �t r1..2 at • "•,--,, '''''.-- • *' •t' 5144t...,if,,1Irtiar ...ti:',, Y e'eG ,.:= -.0- i , 'Ir 1��1RN ,a`i , ki 7� I. i } `p Tf__� 7 4. 41r fes... / . � Percent Range >�5°lQ = • Steep Slopes all >25% & <=40% >40% & <=90% L90%A 1`tY O Existing Conditions - Uses • Land Use - Residential • 121 single family • 3 duplexes • 31 vacant parcels • 1 commercial property ti`fltY O U � ,,- Nrv° Existing Conditions • PAA: Within Renton' s Potential Annexation Area • Location: North of S. 134th St. and east of 80th Ave. S., with Renton Ave S. running approximately through the middle. • Size: ± 100 acres, including street ROW • Uses: 127 dwelling units, 1 commercial business • Boundaries: Annexation site abuts Renton on its eastern, southern, and portions of its northern boundaries. ,, • e r IL — - Pr- 0 'Ir 'llalL7F-I'A VP °A7 ••5 _ • ' k, '- ---2 t.,71 .... -V..W,,''' ' L'Isi,.4:140' _Th, ,, ,,,. ,„*it 0,:*.`• . * -,-- *..., ' aottii ."* '.4** „4a'' •;,-*%S- +' • 7----,',,,,I1 c 4'74. * " , .01 * A, pi‘, ,,,,,„ i, ._ 67 .7..A'''',.- . ' 11' '''.',.' 1041 -*7 gg-J - •,,,tf ,Fil .,.• Ail f A AA a ,, . L L,,,,.--IP,,,,,,„,w,,Nr.r., • ..., ;; ,......- ,--4 . ,e '1'4 - a: . 7 7:!/.:1 ,4,- : r‘,;;:',4' ' '',... , 1 ' oi.V:. Li ,, c4,0, ''' ,..,4.,- 4 4 c,,,..1 vro• '' %...''',- .. •,,t rite-,,,,,, . . '4 l'.'` '''l' '' "it_ 'T'10., f• i$ '''-' ,im , .,.!. '. . .., ., 'iir 4.:iii,a. ,•.'„ 1 , 4.11 Or :•"litle 4 .01.1` ' , rt. - ,4r.li x,',00, . .t ,..v.A , ..,- ."` ',.- -,1, .-- . ,,i'' 1,,,„ - •I ,) ' ' 4,,,..,' it,;*;ti-e ' •; A., ,.--"k i 3Liv kins'-tif r''' •-', , ,AT,,•;-7,,,...cfri:-.Lqkrj-1%S.14•4'.1kr''' ..r.', ' - '' ' %It' ,7r'6 r,,,-17.1,1 ,`I .1 Q.1,•4!1;=, ,,p1IL :it 'ir`"41Arlitlir41:4t. .it4 */=-''4 i it ' ,i 441t Pi';'1 ,;' '''' ' L API.- kkd''''' ---- /1.c--f----- kill r'r :iit:f ZtV)14." -- rn'''''' r4 .. ,.444ti, sr .y: : 4.; ,0„--R-7=4 4. t ,,r,v4i. tit 0 itic:'7* i..,.,„,,,,,,,,,,..' ...„, ''r, l;Tvf'iriri::ii, Fa' I ''., 7 IFF„.„,,,„,,iik d',',4: 7 ..,,e,„-- , " , , L,_, , ...... r- to, tt 'it,' ,,,,. . ' ..• '- 40- .,' ,Ai;-' *.t.:ski-,,A -,. *:,,,,,,r, .„ 1 ..'''.:A'-'ve S -- ,_,• .,-,,,, I/ ' kyr , •••, 41k rtU84q-••!."'"' '-c': f. c",' /;--"',4:L."‘":•'4W4'' ,.. - .' ' 0..Ale' i'70-''‘74 •"*''. '7' , ..,;,:`' III w . . It; Ji ,.fily.,,,,' •1,1'''il, ., ''''-'. . 'ar-1 , ....-'1'; t,... ,rnijorsl ‘4' - , •Wp.,4 0 ,, ,, .,. , , - w ,,,,,,-..4- ,- I-46 4., , . 4,4=itA,Iri. A-4‘ ),, "".,...w-i-- . ,0•-• V4 e...0, i , - , ,,,,, 4..,.. , - . .-- - - 11-64% - .,,,,, . ,,,,,,,,:., .,, ,.. ,,.:„, ,.: -''',..,,;# '-'••... ".,,,,,,. ' `' .• 44. an it A ' '' -'04. n°-.3`,,i,.1:-:?' 4 .• '',',:'",'„t• -- Ai,..2, ''' - ''' 1" ..' .07, .4 diftr*',1 —K‘ c 4,Anar v '' ..,,. ,,,,-, Amiii-: ' 'iota ''''i • .0.,, -2'..."'!„' -: .:.'„, „2 ' ,;;•.:-: i';.•,'%„P.,20,,_ .f,- —, ,,,,,,,,1 , -,,,..41-40/4tro,...it 7,.,,,,lit ,* - -- ,‘......'4".,:",,r.,-. •,. -'4;7s..r 1, :,'''„„ ' ' - ' -4"-: Ai$740 4A-r, . , ci-7.411-, - ,, •-... ' '• +• :***'*4 if.tt..- ‘0;ipiiii(1411r,,... at a - , ,, 7, ,•T:'''Z,4' ''' '',11%,,,,, ii, 4,,.=/ 1,7,,,,,,... , ,1 •,„ , 'itai' ,Aii'H.4ri 1.71p* ""dalit'4,411- • • 0, c ' '''' ' ". 71i,' ' -#71itift. 'in'il.,_?'•'1016. :sr ,ij2N1 •: .• , '' - ' "',A-4,:i:,. %, ' „ , • , °,,,',/.:,,, 0.4 744114:4 '.; ,k'ceigitir•;,. ,,.:,'" ', ,.l'•J ' ,w,•4,,,„1•1::',5::,;i:; ,, ', „". )icri ' ': eAiltr11.0 , g ...,1,4, _ xr..„; , -..2, 0 ,•-• ..;.., , A„I „,,.-..tc,-,,,,v. • ' ,v,.. ..,., ;„ , , .,si i •,. '', ' .:,.,,,t. . .y.,,, . 4,',14., 4'''-'4!: Nis ,,,,' i4f,„ , . .:-.4..,,,tr7,„.* . • 7.-. ,,I -4 1 ir 4 g ::,-,' 1 L. -,"7..,,r ..":41r . • .r".'",, li I r'' •-n., gii*' ,'4 '': .,"4tt.114,,,,,.*•5.,',4 0,, ,. r, , *,,,,,,,, 14 re ' ,,:' - 7,:,...,-- 1-*°.*k.:54.ill M4lik il4lik :7r, r '!.';.4 *, b,',''''" „,,,,A'', ' ''"‘" '''4*. ''.. .°: • i".700 ".',' .r: :„,„„; ...1,7v il,,i,,6.6.' „,me 311%,';',,,,,-,, • •''''t. ::*,.f:4_,..1:.:, -..,-,i i';',-0 ':: ,' ',if,' :4 gall." - 'II' "'"' Uli, *•. . trAM 4 ,i.-- .:,,,Nor Ye ;!," , '4. ,/, 't; , 4, ' ''' MO 7 . OM f i,444#*4d]illisf 'AM, ,, ,,,-.4.-slrirr,-; , •0_„:' 88 6,14 ,J4'1''::tv t„,...t.,,; i ' '':::, ,• , :0-4:, , ..`44'''M7 - "-rritc4A ,7;,;!, 74,..1..„,- -' it is if mum, eti ' ' 0,- j• ' , t'-'- '• - IA t -1 4 4414N,,--r 1,0fAr'v'7—Igt-"7 1 F g 0,,,, oit.„ .,.4 ,.„.T,L4ig.,.J ,,- -14L#A% t....1x7-1,77 cl.,„, ",": I • '' (:,.pk --,`, . - , il' 4'41'','::1,1';,.4:,`-77,,'- 4ik;1,7;t„iir.--kd.-ii-,i,I'tri•.i-"j1,gkr.i4 r 44•1':_„•/.tV,1e1..r'I,'azy'.i-irvt;:.:;;frf1I?.-q17*1",,7'”'',tZ'*''1',i:'-4'-'''''zl1TC 1,.71•,:,t %S .' 1 'rf, 4..7-1.:4*-•.,,1:'1„--:'k1.,,;-1_44\.,,4-,,-.„,'.,,-,4.- 'i- ,7.7i . 1 - '''' i'T '.1:`,-!.::1 Ilr'''•3,,,” ;:'-''..*:::,,B,T4eldli',4, *FA- — .. .110Jw ‘i .. . ''' •,,,'''',( 4 • 1_,43,1• -- .• 4- (,,,4, 4--- 1.„.„..., .:, , , ,- - __ , _-; "'-,:!' - (/,i, # , I 61- 111 :::7 - Location _ .,., ,,,,_''•44' I ' I ' I '' [ I 1.,,,4;._._. t II j j tt ;';' t-' ' ,...;, i_..,,,_ .,.._ -,,, ,,,,,,.,,,,,,z0,,,, -;.;.;?. ----,_--,-. ., ,,,,"--' •---, 4:, ;), -7-- r' I 1 -4 ,', ,4; ," 0' j,...1 1 ' 1 r ;;;;;IX ; 1 r; .,;;;;; •• -•-• -...„.....,...;„, .,,.„..t.. 4 T-r----i 4.. ,•,;, '3 .', .i.: '--;,„ __.?'', '. , f TH.,...,,'"• , '.H,"'•,. i ..__-4-7 - N't;•• —.., I- ;,./-----_, , •• -, , ,,,::. ;;4 , ; ii 1 '' '•y.04-'4't' . j 1 1 F I •.,..,,,:.,r 4. ", ',• ; I ; •. . , , ' :,- , , , ,p;. •,;(3, -,; '''''''.;'. ' I It;",,3;‘, \I -•-• ;,. ' 7.a.„.-;• .-;:.,...,,,,,..r,...;.;;;474, ,,,..-•,,,, ... .. I 3,?''1•;v2;Z•..',; :_ - - ..1.,•-•44t,,rro,.,,--, -.••;ti*,,, ''I%_.;i1,A 143,14_ ; '3-, I / I --I 1 1 :*::.. '''et*--.----; , :-•••• 7,,,,r-wi7 ;''''''.":2-2---: * l;'' 474.7".;-„:,-,*..4,••,%• .„#t",-5;;;.;'' ' •- , ,.... . ..,... i 1 •,,,,,-,,,/ .,,,_A_i_.., „ _. -1—•, ---1:1 1 .,-,;,,,, ;..,_ 1 --I:, i .:,,, ,1 , . :7-7--- :,,,,,,ill, ii / ,,,- „7....,..4,t'w "r; :*2_-_,I ;,,,,-;;;::....ie,7•7' .",-;;',; 4,Itt,;., •:,',;y:-At'i:,;•,;•,, . .,, • _ , -.4:4,-,...., '''4'4 '' , ' t -,,A4'•.- ' ,j4t•' I ' I I I •''' ,fl I----'-'4•-• -1 i;•,,../_!,...,,,j_-'9 I 1 ; - __ j4j''.;"; '4,,.,-',,,,,;.9.:04.0•:::,,', , ,..4,*I*,'.:',''s-', 4e,,,,.'Nkt•:.,,t,,,,,•,,r4til;,:?„,:-.4,7",,,,...,.."--,,i:,, — ;''.'k\14iii?: ,t,,,,i,;i7p1•4;/, ,;,;,_' 4",',1:;",,,..4,,,I. .' "":**1 I''''..":•'IIII ' ";,*;' "3 ,,,,:.,';;;;1*..1,1 -_,_.4 .i-71------.-L. ,.., ,.•-•-‘_, l i 1.1,,/,1„,3 I .i 'L__, .1 ,..- "..• _ --L. '444•„". ,I:41'.‘t,41 yrf...;,,'•,,,,,,Isr.4,.. .1,r, - - */*,-,./.,:.:1•Y 7.-/ / ' ', ',* '14'''611110. I • r-ts"..,---- •:rf''''* '',.•,,,4,••••.„*.;',4•544ili:',.. .;:•.„'..-- '-.31.'..,,,,...1„.4.4,•,,,,',`4" •• i k ",./......,.._„...,L ,...,,,,,,7_„,,,•:,....,,,_...:,..,,,. •...........$ ILI! ilk . . <•• . -- ,. jaw . ,' • ,r&ster 41k' 1,. 'N7 .*.i. :,• ,,.., i • __.1 , Jr/ , . ,,..„--1 • Aon . , ,.5 _......._ -, ....,.., ,, Farling I ,, -„• if- , i 4.,,,z..•:!‘:---, • Area . Annexation . . 44 , , .„„ . • .. ,,,,,,,,, ..„....... I , , • 011111 City of Renton Public Meeting August 18 , 2008 Earlington Annexation 10% Notice of Intent ( 4_3 '0 si Agenda Item No.: E RENTON CITY COUNCIL MEETING PUBLIC HEARING WIED SPEAKER SIGN-UP SHEET (Page 1) CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: S' f R/?_od g' PLEASE PRINT 5 Minute Time Limit • 1 5 Name: d OTTZ Name: • Address: `Reps©k,) f\(f' S Address: City �� A Li- Zip Code (7')8 t 7 City Zip Code Topic: L- R u6TOP k*f^Kitlio Topic: 2 6 Name: Name: SPEAKER CARD Hand to City Clerk prior to addressing Council In order to be contacted by City officials or staff, or to become a party of record to a certain issue, complete this card, providing your name, address, phone number, and/or email address. Name: Phone# 7,1 G - 1 Address: G u «� E-mail b e r� e w-W,w(c CitySo_s, t-►"lst. State (,j Zip Code g 7 Topic: -- L k- ( L( bit( ctfilmeirr To address the Renton City Council, please walk to the front, hand the speaker card to the City Clerk, stand at the podium microphones facing Council, and state your name and city of residence for the record, SPELLING YOUR LAST NAME. Each speaker is allowed five minutes. CITY OF RENTON COUNCIL AGENDA BILL /�v ata: (0a ko Submitting Data: For Agenda of: August 18, 2008 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Denis Law, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Library Board Appointment: Ordinance Mr. Kelly Bailey Resolution Old Business Exhibits: New Business Study Sessions Community Service Application Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Nate Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Law appoints the following to the Library Board: Mr. Kelly Bailey, 2029 Glennwood Ave NE, Renton, WA, 98056, for a term expiring on June 1, 2013. STAFF RECOMMENDATION: Confirm Mayor Law's appointment of Mr. Kelly Bailey to the Library Board. -03-2008 MON 02:25 PM MOT SERVICE CENTER FAX N0, 253 931 7111 P. 01 p CITY OF RENTON ,, APPLICATION FOR COMMUNITY SERVICE If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees,please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98059 Check the boards/commissions/committees in which you are interested: ❑ AIRPORT ADVISORY COMMITTEE{ O CIVIL SERVICE COMMISSIONS ❑ HOUSING AUTHORITY* ❑ PLANNING COMMISSION{ ❑ ADVISORY COMMISSION ON DIVERSITY* LI CITIZENS ADVISORY COMMITTEE ❑ HUMAN SERVICES ADVISORY COMMITTEE*LIBRARY BOARD* * ❑ SISTER CITY COMMITTEE-CUAUTLA Ll SISTER CITY COMMI I I LE-NISHIWAIQ U MUNICIPAL ARTS COMMISSIONS ❑ TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* Q NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration� as vacancies occur. en MR.(�MS. ❑ NAME, (:e lit, -( res-- (I (e DATE�'Ia(r�031206- A DDRESS ?O 9 C f eel I Gry / �y.,,,�� 380, � ,ofZIP CODE (p 05- H` ONE: DAY X53. 380, 66 ,5 NIGHT soy\e, EMAIL ba I IeU ._p 0k.0Q tl.OM RENTON RESIDENT? UCC IF SO,SINCE WHEN? DeCfrKI0er a'I20 7- CITY OF FORMER RESIDENCE c‘""-d -m 4,6 , 04 EDUCATIONAL BACKGROUND `°n(ve JI`11 of--A(SS�/rI S- t t u(S • 5.S Io '/514 /' /!I/{�(St m zalflcIgaC4C 0 vj verb v\ ; ' f OCCUPATION 30,,5(t 5' /41019.e 019 EMPLOYER 61Q IWI/ice-5 a,,o11 o i s>v a I 1 r/ r ,I n o" 1 OCCUPATIONAL BACKGROUND U BORA -( roA1 d / al� / Le l/;o-Pd Pi ecrc4 5-Fack Br*r V 4 rig �1/1-FaAA±r ger COMMUNITY ACTIVITIES(organizarions/clubs/servicc groups,elc.) 140 ' soyd Girl 046 A' Orr,' Q c REASQN. F R APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE ave /t b ra r j 4 n i`14(d1 Ii ihol are_ v rt--af o___q C.anvmit/ _, CAN A I£bND DAY MEETINGS `S 1 J� lial<C61 ,� 14i t.0 CAN ATTEND NIGHT MEETINGS?_ ____9rS _ I New Applications will be kept on filo for one year. If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. I(a S- i 3O.6$a31 mom CSC : -'e rry N. r CITY OF RENTON COUNCIL AGENDA BILL AI#: G s^' C.n i •submitting Data: For Agenda of: August 18, 2008 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Denis Law, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Planning Commission Appointments: Ordinance Lisa Brines, Michael Drollinger, Shawn Duffee, Resolution Kevin Poole Old Business Exhibits: New Business Study Sessions Community Service Applications Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Law appoints the following to the Planning Commission: Lisa Brines, 3308 SE 20th Court, Renton, WA, 98058 (position previously held by Yong Lee) for an unexpired term expiring on January 31, 2011 Michael Drollinger, 11406 SE 171st St, Renton, WA, 98055 (position previously held by Robert Bonner Jr.) for an unexpired term expiring on June 30, 2010 Shawn Duffee, 426 Windsor Way NE, Renton, WA, 98056, for a term expiring on June 30, 2011 Kevin Poole,627 High Avenue S, Renton, WA, 98057, for a term expiring on June 30, 2011 STAFF RECOMMENDATION: Confirm Mayor Law's appointments of Ms. Brines, Mr. Drollinger, Mr. Duffee, and Mr. Poole to the Planning Commission. 11011101 Rentonnetlagnbill/ bh CITY OF RENTON APPLICATION FOR COMMUNITY SERVICE Tf you are interested in participating in local government by membership on any of the following City boards, ,,,......,;ommissions, or committees,please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98057 Check the boards/commissions/committees in which you are interested: ❑ AIRPORT ADVISORY COMMII'l'EE* 14 PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY ❑ HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMT H EE-CUAUTLA ❑ LIBRARY BOARD ❑ SISTER CITY COMMITTEE-NISHIWAKI ❑ MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* ❑ NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration(� as vacancies occur. MR.❑ MS. NAME I�S P U i I AiE S DATE / ) /Z -0-1 ADDRESS 3Y) 8 3 C. oZV ' et- ) K-6/\th" ZIP CODE q 6058 HONE: DAY 425-q.22- 52-86 NIGHT "125-228" 15(05 EMAILLjSabrif les2Imal f .C6114 RENTON RESIDENT? 5 IF SO,SINCE WHEN? ccMa KC/7 2009 CITY OF FORMER RESIDENCE i�e 71 ons ) 8e lI e va ) V po! tL -e. EDUCATIONAL BACKGROUND pit]) Ch em,1 s - (/62-/vv(v�l OT XQ S t U tl tov� ' S Ch ern'S ) onor s ' 1- L _c Sfa 1(1.? y Or un-� af�ri�c, OCCUPATION Y/((,v �e o t Q I i S EMPLOYER t OS . Sfa7-c Dep--/' o f OCCUPATIONAL BACKGROUND / i e[l}'l'Pr'Le p�5 )view /y(thr /,f -Q j - - X1-1 i1! eKS , pes dd(s) Zvi GCSE ih or ar?l c rl'ct,If 'r _. COMMUNITY ACTIVITIES(organizations/clubs/service groups,etc.) ( ) (? n Of IYi.i-eresZ )6/udt 5616-1-a./ able a_T-facforc) pq)rno-flii-a,- (jC2 in j an aC-i-lv C1k3en lYLlOvernmelit J53u63 REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE t1I1 YLSk . 1 ii h.e/p)rr j v.* .1..//'Z I S 1. I i. 1 e !ti 1111 l! � r 4 ' I'C S ,.4N A T FEND DAY MEETINGS? )0 CAN ATTEND NIGHT MEETINGS?liar Applications will be kept on file for one year. If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. ec : A-1 w p/ R(�ecc a L . RECY-1V `D • CITY OF RENTON RIM 0 2008 APPLICATION FOR COMMUNITY SERVICE If you are interested in participating in local government by membership on any of the following City bait s, J t`•-•at -NS-- commissions, or committees, please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way C 0 py Renton, WA 98057 Check the boards/commissions/committees in which you are interested: ❑ AIRPORT ADVISORY COMMITTEE* PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY* LI HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMI I"I'LE* ❑ HUMAN SERVICES ADVISORY COMMI ITEE* ❑ SISTER CITY COMMITTEE-CUAUTLA ❑ LIBRARY BOARD* ❑ SISTER CITY COMMITTEE-NISHIWAKI ❑ MUNICIPAL ARTS COMMISSION* LI TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* ❑ NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR.14 MS.❑ NAb1E '`. ;n2, -r_ DATE, 1`r"e i "L. -- , ADDRESS lit ��(i= c I_ « ZIP CODE - U /tZS 2.c,C "3% s°r A E` n PHONE: DAY � NIGHT EMAIL Arc ��Jr-Y w't�'``'L�c�S ; �Ne RENTON RESIDENT? le- IF SO, SINCE WHEN? kb ZoC� - F`eb `w-�1 " Mn. i CITY OF FORMER RESIDENCE UNtt4cO,-FC>-cdp( 4<t `C Co0 -4y EDUCATIONAL BACKGROUND (v vrt fCrssfer`�Ay ' M o S e— of. Cr (fie Pkr,,- jar; (4� �E n S 0NI; OCCUPATION R►''f)c"'"c P to,, J Net--- EMPLOYER P)r± bi3" Sec l�t OCCUPATIONAL BACKGROUND N6--ror p(ck '' (�y ��' ?5"cN\ L y F15cC) p C_ n i t" Cwt v Ot. Coll velem t zr4r � r COMMUNITY ACTIVITIES(organizations/clubs/set-me goups,etc.) Pc r-+ T cER CTere co,p e `.n 4 t c C<;c;mt+{..� �rn � Yz� re Eo. •t< (zoc/ ) jr-iy, � Co cfivt ` 'c �t�s,rc ! 1 1 .. r yirJ �� . - t (^ Y^,r1ar �2'`~i`17fse'sk)1 4c1V:�''<fe 4Iii`SIslectit°` (I - I?) 2-) REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMII"1'EEiso`=t we�wr� r` `t �L��•^�C. f© C� tli�v�� lrt c in!'9vr�;f1( CRS�� (.�C,r-N YJit� l�C� �X��e iZ�`�1 �Ctj, �G R< to n beRc` ? CAN ATTEND DAY MEETINGS? Y-S CAN ATTEND NIGHT MEETINGS? Y�.. Applications will be kept on file for one year. If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. 2/20/07 i 'e eeca L. 11406 SE 171St ST • Renton, WA 98055 June 3, 2008 ___ The Honorable Denis Law Mayor City of Renton 1055 South Grady Way Renton, WA 98057 Dear Mr. Law, It is with considerable interest that I am applying for appointment to the Renton Planning Commission. I am well qualified for this exciting opportunity and would welcome the chance to contribute to the community and learn from the experience. My background, current experience and interests are a strong match for the focus of the project, as demonstrated by the following highlights: • Renton resident from February 2000-February 2007 and March 2008-present, • Nineteen years of professional planning experience including supporting planning and zoning commissions, • Extensive knowledge of land use principles and regulations, • B.A. degree in Geography and Master of City and Regional Planning. I have closely followed the growth and development of Renton in the last eight years and am impressed with the City's progress but also recognize the challenges that lie ahead. I would rY value the opportunity to contribute to making Renton a better place to live and conduct business. Thank you for considering me and I look forward to hearing from you. Sincerely, AlikV• Michael T. Drollinger (425) 260-3738 drollingerm@comcast.net Encls.: Resume, Application for Community Service RECEIVED CITY OF RENTON , N 0 2000 APPLICATION FOR COMMUNITY SERVICE YOR'S ()FRC': If you are interested in participating in local government by membership on any of the following City boards, commissions,or committees,please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98057 Check the boards/commissions/committees in which you are interested: U AIRPORT ADVISORY COMMITTEE* PLANNING COMMISSION* U CIVIL SERVICE COMMISSION* U ADVISORY COMMISSION ON DIVERSITY HOUSING AUTHORITY* U SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE-CUAUTLA U LIBRARY BOARD U SISTER CITY COMMITTEE-NISHIWAKI ❑ MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD U PARKS COMMISSION* ❑ NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR. 0 MS. ❑ NAME S NA-w'`3 ?A-1 c k 1)U Flee DATE 0 U Svvtt- 2-066 ADDRESS y'Z(' W tnl DSo✓L �.vA./ NE i2-ENT o/J ZIP CODE '16056 PHONE: DAY `f2S- 11q- Oi'YS NIGHT l/hI zs• 7 9 9• o/yS EMAIL 5 to ' t4'I-ree. 6 rail • cow, RENTON RESIDENT? /e s IF SO,SINCE WHEN? Ai 7 l ems. �I CITY OF FORMER RESIDENCE S141,, CIA / IAA v/ � wavy / 5-rain •- `Pfs1 1.1'41,2 ivt U•s. -4,,. i V Zo ye,.rs EDUCATIONAL BACKGROUND KEN1 STATE Ur+4 V./ 04I+o — A rcl..; 12-1-4Ct/,)1 Sc}{ - wesT-IAELisci4C 1EcltNI.SCHE lioc+i ScFfvt_E ( 6luT , cNEnl l GE}z.A frl —MAvck OCCUPATION �YC�Ii C� EMPLOYER Mv,IvQv7 GZ flrc(^. , 2IItvLAQ OCCUPATIONAL BACKGROUND / + YPatrs 0-1 cu-cki+ec{-v,r& t-- vrL,c ,, le 1.k.,111‘11' rxlperi Cst i✓\ o.re✓ Courd-rie S COMMUNITY ACTIVITIES(organizations/clubs/service groups,etc.) arc k -C{`S w 414 v Qsrck4,vi t tI toff/..e_ REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE 1 t.'"t d 11. p(7 n,t l 0.0 t'vf re vs,N/ C oym vKV1111}/ 0,4,4 1 v vvut Q VAAA`�-� o.v‘ 2 ten,,, - P/✓ lok ce 'tt7 c c 1 l l 1 Y CAN ATTEND DAY MEETINGS? IRS CAN ATTEND NIGHT MEETINGS? le S Applications will be kept on file for one year. If you have questions about serving on a board, commission,or committee,please feet free to contact the Mayor's Office at 425-430-6500. 1/24/07 C v aAr evi la to loth tCI G CITY OF RENTON APPLICATION FOR COMMUNITY SERVICE If you are interested in participating in local government by membership on any of the following City boards, ‘vomecommissions, or committees, please complete this application and return it to: Office of the Mayor RECEIVED City of Renton 1055 South Grady Way APR 0 2008 Renton, WA 98057 MAYOR'S (_)P1:11f Check the boards/coniir ssions/committees in which you are interested: ❑ AIRPORT ADVISORY COMMITTEE* ® PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* Li ADVISORY COMMISSION ON DIVERSITY ❑ HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE-CUAUTLA ❑ LIBRARY BOARD ❑ SISTER CITY COMMITTEE-NISHIWAKI ❑ MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* ❑ NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR. X❑ MS. ❑ NAME Kevin P Poole DATE 4/7/08 ADDRESS 627 High Ave S ZIP CODE 98057 HONE: DAY (206) 245-8956 NIGHT (same) EMAIL kevinpoole@mac.com RENTON RESIDENT? Yes IF SO, SINCE WHEN? March 2005 CITY OF FORMER RESIDENCE Seattle EDUCATIONAL BACKGROUND Univ of Calif, Santa Cruz — BA in History, Honors in the Major Continuing technical & professional education, 1994 - present OCCUPATION Director of IT EMPLOYER becker&mayer Books, Bellevue OCCUPATIONAL BACKGROUND As a key manager at a$35 million publishing company for the past 7 years, I've had the opportunity to lead a number of critical projects, including two office relocations/build-outs and the development of a custom business software and accounting system. I also manage two fulltime employees and sit on several committees at my company. COMMUNITY ACTIVITIES (organizations/clubs/service groups,etc.) I have just begun to become involved in in Renton-specific community activities such as supporting local charities (Rotary CAPER, New Horizons School, RTC Foundation)and volunteering for the school levy and bond campaign. However, I have been a huge Renton booster since before I even moved here,and I am committed to increasing my role in community activities and causes. REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE In just the few years I've lived here, Renton has seen a tremendous amount of growth and change, most of it very positive.As someone who has always been interested in urban planning and growth issues, I would very much like to be involved in the city's continued evolution and rejuvination. 'SAN ATTEND DAY MEETINGS? Usually CAN ATTEND NIGHT MEETINGS? Yes Applications will be kept on file for one year. If you have questions about serving on a board, commission, or committee,please feel free to contact the Mayor's Office at 425-430-6500. 1/24/07c L�o 44.e v / ' `�" P�C•Q L- . CITY OF RENTON COUNCIL AGENDA BILL AI#: (f) irtJ' g submitting Data: For Agenda of: August 18, 2008 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Denis Law, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Municipal Arts Commission Appointments: Ordinance Valerie Gower, Wesley Van Doren, Denise Zullig Resolution Old Business Exhibits: New Business Study Sessions Community Service Applications Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated ttetaiiTotal Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Law appoints the following to the Municipal Arts Commission: Ms. Valerie Gower, 19435 Military Rd South, SeaTac, WA 98188 (position previously held by Kristi Hand) for an unexpired term, expiring on December 31, 2009. Mr. Wesley Van Doren, 225 Logan Ave South, Suite A203, Renton, WA 98057 (position previously held by Eleanor Simpson) for an unexpired term, expiring on December 31, 2009. Ms. Denise Zullig, 749 S. 25th St, Renton, WA 98055 (position previously held by Dawn Murin) for an unexpired term, expiring on December 31, 2010. STAFF RECOMMENDATION: Confirm Mayor Law's appointments of Valerie Gower, Wesley Van Doren, and Denise Zellig to the Municipal Arts Commission. 1111.0 Rentonnet/agnbill/ bh RECEIVED CITY OF RENTON MAY I e 2008 APPLICATION FOR COMMUNITY SERVICE MAYOR'S OFFICE If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees,please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98057 Check the boards/commissions/committees in which you are interested: ❑ AIRPORT ADVISORY COMMITTEE* Cl PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY LI HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE-CUAUTLA ❑ LIBRARY BOARD LI SISTER CITY COMMITTEE-NISHIWAKI MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* LI NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR. ❑ MS. ® NAME KQ,Zi ., O1/t eti DATE 05-72-08 ADDRESS /9.'135/I/It z� az cgO , ZIP CODE 98/88 PHONE: DAY 2•Z''56-29- /778 NIGHT garne..- EMAIL i/Q/E'/"/rf'i(j0147e/^4�/ tJDa COM RENTON RESIDENT? //Q IF SO,SINCE WHEN? `J ✓ CITY OF FORMER RESIDENCE6/� / eXS frti Zp'a e, 6 4ok /2(2 ><i f./Q/Y EDUCATIONAL BACKGROUND d one/Z (1.12 !� ,�7i� i(D,Sze/J/YIG� G'-,�LUQi 7 - I, /�!_./. //�!/ ./ �'.it/ /.'./ 1/-� //. , I ! /__i /. / // ../ / / / / OCCUPATION /_!' _!JG-� _!/! r EMPLOYER r� _6171/2.67/ed OCCUPATIONNAL BACKGROUNDS / L-'_:�/IL:' _t.!__# �_// �j_ ��// //li� 1.�� .' . - 17 [A A// G��P'1l r9,9J h/7/Y/1LD1G�C�LL(�i �C� C /. 1Lk2 y7Jd� COMMUNITY ACTIVITIES(organizations/clubs/service groups,etc.)J,(f(,Q( /Jkj16 /1 1 a22/6.7/1 Mpg 1hi dev�3.,/69rr/1 -//, o. 2XD-zamz. �Z��; it�,k ems; �; . ir�,z 4zdt ,8;ems Q� z�(� � ,? 4-e, rN a 'ed2M REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE Ji-0,"(///.v,i e.e/19J i ', 'l //x. ��irfa.. ,i.. I . . i�- .i�� Qrn Glp/ do zeh.Gi1 o,z2 f W)—,6(7.0z.ce74_,a1) Now CAN ATTEND DAY MEETINGS? � CAN ATTEND NIGHT MEETINGS? ybc, Applications will be kept on file for one year. If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. 1/24/07 CC : 'Tenvl r' -e_r- ,01' M . mi VALERIE GOWER Freelance Illustrator& Cartoonist 19435 Military Road South,SeaTac,WA 98188-(206)550-1778-Email: valeriegower@yahoo.com PROFESSIONAL HISTORY OVERVIEW • 20 years illustration experience in the print media • 10 years experience as a Caricaturist • Experienced in logo and web illustration plus limited web design • Skilled Portrait Artist-Portrait Gallery includes(past)Mayor Richard Riordan, Los Angeles, CA • Equally adept in pen and ink, pencil, charcoal, pastel, oil, acrylic,watercolor, and airbrush • A seasoned professional who has never missed a deadline PUBLISHED WORK HIGHLIGHTS • Editorial Cartoons published in The Seattle Times, The Highline Times,The Federal Way News, The Des Moines News, The West Seattle Herald Online, and The Northwest Gold Coast® • Fashion Illustrations(full page)published in The Portland Oregonian, The Seattle Times, The Seattle Post-Intelligencer, and Mademoiselle • Children's Coloring Book commissioned and published *id • First Aid Booklet For Dogs and Cats commissioned and published • Corporate&Business Cartoons published on websites and in print OTHER RELATED PAST HISTORY • Selected Member of Phase II(Arts &Education)Steering Committee for the Development of Burien, WA • Member of the 5-Member Panel that chose the Architects for the Development of Burien • Director of the Burien Arts Gallery 2000-2002 PARTIAL CLIENT LIST (PAST & PRESENT) The Seattle Times Northwest Gold Coast®Magazine CeSI, Inc. Weber& Weber, Inc. Clowns Unlimited Fred Meyer Classic Yachts, Inc. Robinson Newspapers King County Journal Merry Makers, Inc. Benson's In Des Moines Boundary Pass Traders EDUCATION AND TRAINING HIGHLIGHTS Oregon State University-Corvallis, OR Chemistry and Art University of California- Santa Barbara, CA Fine Art Bellevue Community College-Bellevue,WA Macromedia Director Arts Association - Ocean Shores,WA Writing and Fine Art CITY OF RENTON APPLICATION FOR COMMUNITY SERVICE If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees,please complete this application and return it to: RECEIVED Office of the Mayor City of Renton F L 1 'i 2008 1055 South Grady Way Renton, WA 98057 MAy;OR'‘9, OFFICE Check the boards/commissions/committees in which you are�intier wed: U AIRPORT ADVISORY COMMI1TEE* GE PLANNING COMMISSION* LI CIVIL SERVICE COMMISSION* LI ADVISORY COMMISSION ON DIVERSITY Ca HOUSING AUTHORITY* U SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HUMAN SERVICES ADVISORY COMMIITEE* ❑ SISTER CITY COMMITTEE-CUAUTLA ❑ J IBRARY BOARD ❑ SISTER CITY COMMITTEE-NISHIWAKI MUNICIPAL ARTS COMMISSION* Li TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* ❑ NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR VMS. ❑ NAME /4/ 5jJY Ay DOifs/n �-- DA 1'E � O g ADDRESS 2- 1-OC� '' S(firer- ADDRESS I I ,i �� C//f" �j�o T r ZIP CODE 2 n," 'NE: DAY 206, -3613 • N. NIGHT /2 -z D -I 1 q EMAIL WS LEOACM QR Q.-MUM RENTON RESIDENT? S�I Y6s IF SO,SINCE WHEN? ,Q,;/ Z air :7, // 1 . / /`, •V►411 CITY OF FORMER RESIDENCE /\f Ar \/c k EDUCATIONAL BACKGROUND UUviva'/ i De:-P .5"r SOi& , /N6: PM/c f�a A Y , olio • iii,J Ani :Ji/ ag C /V ��/ �.�/f OCCUPATION p QN PLANNrK EMPLOYER N Al.bc-rAfin c , O OCCUPATIONAL BACKGROUND //(��1'1STie�i/ �s—T0�1�P/4 N f/VV 4 /T, v(s 4- D - 7- 0'2, /N r- ,, •--rite ' I W _ U - ' COMMUNITY ACTIVITIES(organizations/clubs/service i- InUL� groups,etc.) _ .:.✓ / i/ /Ii: �� /i .:ar A Any' I- MS'/ 1:6WO47/e/1/ ovrl'6sei/V4--77tsAv.( p sr6,/Vri1 r/L/G(.11 -dr)6/ -. hi.1.1 I,. _J' r 4ft/ AO / A !! / alai-- �A SON FOR APPL�I't FOR THIS�OAgOMMISSIO-N/COMMI�� JAI rG^R�l-D/°IL-iitc-- 76 an:ZF_Gt/a --- JQTI___4 (/«/4-1 L�A'li O v 2v MevT Dr, *I hl/ C 'TEND DAY MEETINGS? OCZ4",S/Q/i/¢-14Y CAN ATTEND NIGHT MEETINGS? , _ line Applications will be kept on fde for one year. If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. I 1/24/07 P P �c : pians IU R'P-bcca 1-. • CITY OF RENTON - a kr APPLICATION FOR COMMUNITY SERVICE 11 you are interested in participating in local government by membership on any 01`the lollok‘ing City hoards, commissions, or committee,, plc�.:c complete this at,piication and return it to: ;,,A AY �<� �, {_ '-,�• Office of the Mayor City of Renton 1055 South Grady r+ay Renton, E1;-1 98057 Check the hoarils/commiA.siorr.sicouunittees in which you are interested: ❑ AIRPORT ADVISORY ('OMMITTEE-, ❑ PLANNING COMMISSION* ❑ CIVIL SERVI( F CONIMISSION" ❑ ADVISORY COMMISSION ON DIVERSITY U HOUSING AUTHORITY U SENIOR CITIZENS ADVISORY COMMITTEE* U HUMAN OMAN SERVICES ADVISORY COMMITTEE* U SISTER CITY ( OMMMITTEE - CUAUTLA ❑ [.IHRARY" U(LARD U SISTER ( ITY COMMITTEE: NISI IIVt'.1hI 12711 NTUNIC II',\(. AR-Fs (OMMISSION- ❑ TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION' ❑ NON-MOTORIZED TRANSPORTATION ADV CIVITE .S'pc,.hil rrrc ruhc r.,hrp rca/tiirc me iu• „Hill 1 +.0 a 11-1; re•rrhrinru goy or cull 42543O-6500 NI-c/c'luil.,. ) )1n- upplic'u[iurr u ill be n'c7r t'f crl'c rN1.,icic ruluru u., Vuc<nrc-iC., occ ii ' MR. ❑ Ms. © N,Vn1I: Denise S. Zullig DATE May 6. 2008 ADDREsS 749 South 25th Street, Renton, WA ZIP com 98055 PhJ(NE: DAY (425) 228-1570 NIOIIT (425) 228-1570 EMAIL denise@zullig.com RENTON RESIDENT'' Yes IF Si t. SINCE: MIEN? January 1, 1977 CITY OF FORMER RE:SIDFN( E Boulder, Colorado E:DCu'ATIONAE, R;\cKOROUND BS Electrical Engineering - University of Colorado, Executive Business School - Duke University, Executive Aerospace Industrial Manufacturing - UW oc('I'PATION Retired Boeing Executive EMPLOYER N/A_.__..____________-_-------_._�.....__. . cwcuPATIONAL t;Ac [<(TROI IND Boeing - Facilities Electrical Design Engineer; Supervisor of Engineering & Construction; Senior Manager at NBF, Auburn, DC, and Director of Facilities COMMUNITY ACTIVITIES :or ,C„ ..12100r, r None. Now that I am retired I have the time to volunteer my time to the community. REASON FOR APPLYING FOR TI IIS IUOARD,`COMMISSIONCOMMITTEE: I have an interest in the arts and care very much about the future of Renton and the arts in this community. 'AN ATTEND DAY MEETINGS:' Yes _ CAN ATTEND NIGIT MEETINGS'.' Yes, except Thurs . Applications will be kept on tile for one year. If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-330-01}O. 1'24'0; Cc' s'eit1.Yl t'�e r p. . ; -TVA/(41 5 CITY OF RENTON COUNCIL AGENDA BILL ai#: ta> , e' submitting Data: For Agenda of: August 18, 2008 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Marty Wine, Asst. CAO (x6526) Agenda Status Consent X Subject: Public Hearing.. Amending the franchise for Comcast to operate a cable Correspondence.. communication system within the City of Renton Ordinance Resolution Old Business Exhibits: New Business Ordinance amending cable communication franchise Study Sessions Ordinance amending Title V (Finance and Business Information Regulations) Institutional Network Lease Agreement Issue Paper Recommended Action: Approvals: Refer to Committee of the Whole Legal Dept X Finance Dept X Other ktivreFiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted $0 (Fund 127) Revenue Generated $92,400 (estfull year) Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Amend Comcast's cable television franchise with the City of Renton to extend the agreement for five years, with changes to the sections relating to technical audit, Public-Educational- Governmental (PEG) fee provisions of Ordinance 4412; and the gross revenues definitions and other franchise terms in Chapter 17, Cable Communications Systems section of Title V. Authorize the Mayor and City Clerk to enter into a long-term lease agreement with Comcast for the City's use of the Institutional Network. STAFF RECOMMENDATION: Extend Comcast's cable television franchise through 2013; Set a public hearing for franchise extension for September 8, 2008; Present the ordinances for first reading; and Authorize the Mayor and City Clerk to enter into a lease agreement with Comcast for the City's Institutional Network. Rentonnet/agnbill/ bh ADMINISTRATIVE, JUDICIAL, AND ♦ ® , LEGAL SERVICES DEPARTMENT 1vT MEMORANDUM DATE: August 11, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor, 1 L2i4 i FROM: Marty Wine, Assistant Chief Administrative Officer(x6526) SUBJECT: Extending Comcast Cable Television's Franchise Agreement ISSUE Consideration of a five-year extension for Comcast to operate a cable communication system within the City of Renton. BACKGROUND The City of Renton and Comcast have completed negotiations regarding renewal of Comcast's cable television franchise. The company's franchise to operate cable television will expire on September 13, 2008. Renton's interests for franchise renewal were to preserve existing elements of the franchise and protect the City's continued use of the Institutional Network, a fiber optic cable network that connects a number of facilities such as fire stations and community centers to the city's network systems. The current regulatory environment and recent FCC rulings about competition in the cable television industry, along with provider consolidation and new federal and state legislation have influenced the terms of renewed franchises nationwide. Process. Renewal discussions were initiated two years ago with the assistance of Bradley & Guzzetta, LLC, and a consulting team selected to assist the City through a competitive RFP process conducted in 2006. Federal law sets out two ways for a local franchise authority(LFA, the City) to arrive at a franchise renewal decision (federal Cable Act, 47 U.S.C. § 546): 1. Informal: The City and Comcast may agree on a renewal franchise through informal negotiations [pursuant to 47 U.S.C. § 546(h)]. This process is similar to contract negotiations, requiring adequate public notice and opportunity to comment. Throughout the country, most renewals are settled informally, and Now c:\documents and settings\administrator\local settings\temporary internet tiles\olkb\comcast ext issue paper 080308.doc Council President Marcie Palmer Page 2 of 6 August 11,2008 Renton received a June 2007 letter from Comcast seeking mutually satisfactory agreement about the franchise through informal negotiations. *4140 2. A formal process can be invoked by City or Comcast 47 U.S.C. § 546(a)-(g), during a six-month window which begins in the thirty-sixth (36th) month prior to franchise expiration. Renewal Elements. Renton has completed the following elements of review and negotiation of the current franchise, resulting in amendments to two ordinances and the creation of a lease agreement with Comcast. • Identified the preferred term of an amended or extended franchise • Review of the franchise commitments and compliance review to ensure that Comcast was meeting the terms of the franchise, including understanding system construction and extension o A system technical review which resulted in Comcast's correction to electrical code corrections in the field o A review of the rate order forms over the prior term of the franchise • A franchise fee review, including revised definition of advertising revenues • Cable-related needs and interest survey of cable users • Needs assessment report and vision for governmental programming(Channel 21) • Discussion of future support for Public, Educational and Governmental (PEG) • Comcast wished to address the terms on which another video provider would be addressed if another franchise was requested, which Comcast terms as Nomd "competitive equity". • The City wished to include a resolution of ownership of the City's Institutional Network, which will be addressed in a lease agreement with Comcast Renton's discussions with Comcast began in mid-2006. The above steps constituted all of the due diligence that would have led the City through the formal Request for Renewal Proposals (RFRP)process if formal renewal was undertaken. However, it was possible in our negotiations with Comcast using this information to reach agreement through the informal process. (In future years, with the potential for new entrants into the market, this situation could be different.) The result of the City's reviews and negotiations with Comcast leads Renton to seek a five year extension of the current agreement, with minor changes to selected sections of the franchise and city code in the 5-year renewal. Compliance Review. Renton began by determining whether Comcast was in compliance with the City's cable franchise and applicable laws and regulations, by reviewing filings of the annual FCC Forms 1205, 1235 and 1240 with the City, to justify its maximum permitted rates for basic cable equipment and installation. The City's cable franchise renewal consultant, Bradley & Guzzetta, and members of the consulting team, including Front Range Consulting, Inc., and Ashpaugh & Sculco, reviewed all annual filings, rate forms, and equipment and installation rates, and determined that Comcast could not justify many of its maximum permitted rates. For Form 1240, the City's cable franchise renewal consultant review found that Comcast improperly included the Business and Council President Marcie Palmer Page 3 of 6 August 11,2008 Occupations tax in the basic service rate(allowing inflationary increases in the tax); and Nome excluded the FCC regulatory fee in its calculation of the maximum permitted rate (contrary to recent FCC requirements). For Form 1235, allowing the cable company to recoup system upgrade costs in its rates, the preliminary Form allowed Comcast to charge subscribers an additional $1.16 per month per subscriber based on projected upgrades. Though the upgrade was completed, Comcast did not file a final FCC Form 1235. As reported in February, 2007, the consulting team reached a proposed settlement on these rate discrepancies. In March, the City Council held a public hearing and accepted the terms of the settlement, adopted a resolution to enact a revised rate order. The settlement allowed completion of franchise fee review; lower maximum permitted rates; and subscriber refunds in some cases. The final point of compliance review resulted in a proposed amendment to the franchise so that Comcast must provide a technical audit certification that policies and procedures comply with all applicable laws and codes and known maintenance issues have been repaired. Franchise Fee Review. Renton further sought to verify that franchise fees have been paid. Renton's consulting team engaged a national consultant, Front Range Consulting, for the review who highlighted the issue of how Comcast's advertising revenue was included in the calculation of the franchise fee. The review concluded that Comcast did not pay all of the franchise fees owed under the franchise for the period because advertising fees and commissions paid to other agencies were not included in the estimate of gross revenues. Our franchise states that if the City audits and finds a discrepancy of more than 10% between financial report submitted by the operator and actual gross revenues, Comcast agrees to pay the costs of the audit, additional franchise fees due, and interest on late payment. Failure to provide data for review represented a compliance issue which the City asserted. Renton and Comcast debated the inclusion of advertising revenues in gross revenues, and the vague definition of revenues in the franchise made this point difficult to pursue or to calculate a discrepancy of more than 10% of revenues. The City concluded the fee review by identifying risk and exposure of unreported franchise fee revenue, or litigation or compliance action, and opted to settle the issue with language that better defines gross revenues in the future. Residential Cable TV Needs and Interests. In February 2007, CBG Communications and statistician Dr. Constance Book, along with the survey firm Issues & Answers, completed a statistically valid telephone survey of 571 Renton and potential-annexation- area residents. The survey was designed to determine familiarity and experience with Comcast, identify who were Comcast's subscribers and non-subscribers, sentiments about every element of service from costs to programming to outages; quality of channel transmission; installation;, problem resolution; the value of governmental and public access programming; and use of technology. Highlights of the study include that 80% of residents are cable television subscribers, 89% of cable subscribers found local broadcast channels were "important" or"very important,"particularly for emergency information. The top five issues respondents suggested would improve satisfaction with cable services were cost; resolving reception problems; poor programming; equipment issues; and service and repair issues. The top five programming categories that could engage Aimormiamiummillinemilmommaiw Council President Marcie Palmer Page 4 of 6 August 11,2008 Channel 21 viewers include city and state activities; local history; civic education and political news; high school and local sporting events; and children's activities. This '"S information was gathered to discuss community needs with Comcast in the negotiations. Support for Public, Educational and Governmental Use (PEG). As acknowledged in the enabling federal legislation, most recent cable franchise agreements provide for access by local governments, schools, and non-profit and community groups over Public, Educational, and Governmental (PEG)channels. These channels show the local government at work and convey the community's voice. PEG franchise requirements can take several forms, such as requiring cable operators to designate channels; establishing requirements for equipment and facilities (such as studios and cameras); and establishing rules for use of facilities and channels devoted to PEG use. The continued viability of PEG channels and facilities rests on local franchising authorities (cities) to negotiate channel space and capital support. Based on communities' needs and interests, local governments negotiate for a set number of PEG channels; and local elected officials choose the managers of PEG channels so that they naturally serve the locality's needs. Current federal law (and thus Renton's franchise) requires cable operators to financially support PEG facility and capital equipment needs. The support is often generated through a collection of a dedicated fee(in addition to the franchise fee on gross revenues) from cable TV subscribers in a jurisdiction. Some localities opt to fund PEG stations using all or part of the franchise fee, while others rely on a combination of franchise and PEG fee to support their channels. Historically Renton has collected franchise fees and they benefit the City's general fund, with a small dedication to the Cable Communications 44,0 Fund for governmental cable television operations. Renton made two requests of Comcast regarding PEG funding in considering renewal. 1. Puget Sound Access (PSA) Support. Renton partners with five other cities (Burien, Tukwila, SeaTac, Kent, and Auburn) to fund community access Channel 77 which is administered by a non-profit agency, Puget Sound Access (PSA) and reaches approximately 65,000 South King County households. PSA board members are representatives of each the cities and community members with specific expertise. PSA is funded by a charitable trust to provide cable access services for South King County. The trust was established when the member cities contributed their settlement amounts from a claim against TCI in the mid- 1990's. Renton's contract with Puget Sound Access (PSA) terminates on September 13, 2008. PSA has proposed a business model that provides a menu of services to member cities. Renton initially requested of Comcast ongoing PEG funding to support PSA, so that PSA would be the master control for multiple cities' governmental access channel, and for cities to send a live feed to PSA for broadcast. In addition, Renton estimated that current funding for PSA would expire in 2009 and Renton as a member city may be asked to continue its contribution beyond the original trust establishment. Early estimates were a contribution of up to $125,000 per year toward capital expenses. Comcast rejected any proposal for financial support of PSA. It is unlikely that Renton will provide substantial ongoing funding support for PSA depending on the menu of services Council President Marcie Palmer Page 5 of 6 August 11,2008 that is offered. Renton must evaluate whether remaining a founding member of %we PSA meets the City's interests even if a continuing level of financial support is not provided as in the past. 2. "G" Channel Equipment Replacement. Renton conducted its own review of current use of Channel 21, including age and condition of equipment and staff goals for government programming. Today, Channel 21 produces an information reader board'and airs City Council meetings for Renton residents. The channel has dedicated staff time and a videography contract to provide production and audiovisual support. The channel primarily produces relevant local content including weekly City Council meetings and other city-produced content. City Departments convened to create a vision of a well-functioning government channel based on feedback from our residents, as follows: • Be the first place local residents go for local news and information • Clear editorial and programming choices that are in Renton's governmental interests, adequately staffed to produce content effectively • Channel always on the air and operational, with emergency noticing capability • System equipment with high production quality; interface with high- definition, low-maintenance formatting and data transfer, including interface with video streaming • Programming and technical support that considers user interactivity, making content available at any time of day/on demand, and available in "" w multiple languages and accessible by the disabled • A channel that leverages many sources of funding (public and private). Originally, state-of-the-art cable channel facilities were composed of racks of analog tape decks and automated video switching systems. Recently, the lower cost of digital production and distribution equipment, including cameras, editing systems and software, digital playback servers and new internet technologies have made digital content production the standard. As part of cable franchise negotiations, the City of Renton requested that Comcast reimburse the City for some of the historic repair and replacement of cable channel equipment, and ongoing funding for equipment replacement. Comcast proposed instead a grant that would likely require dedication of current franchise revenues. The City proposed a 35-cent-per-subscriber per month PEG fee with no up-front grant support. With the Benson Hill annexation, Comcast has just over 22,000 subscribers in Renton. Thus a PEG fee would generate approximately$92,400 per year from subscribers to support equipment replacement and upgrade our current facilities at City Hall for meeting productions and create the ability to shoot live at different locations within the City, as most of the booth and Chambers equipment was purchased before the year 2000, and a replacement for the playback system could cost $50,000 or more. An estimate is now being prepared of the specific needs for Renton's governmental channel equipment replacement costs. Council President Marcie Palmer Page 6 of 6 August 11,2008 Other cities in Washington have PEG fees that support governmental access, including Burien, Federal Way, Redmond, Vancouver, Seattle and King County, ranging from $0.25-$1.00 per subscriber per month. Part of the renewal package includes the 35-cent PEG fee for Renton subscribers. Competitive Equity. Recent franchise renewal processes have become more contentious and recent FCC rulings have been fairly negative to municipal control. Other influences such as industry consolidation, and changes in law have led to a more competitive cable television environment. A recent federal FCC order allows telephone providers to make video services available and increase competitiveness in the marketplace. As a local franchise authority, Renton must offer a level playing field to all entrants and Comcast requested language to clarify how another video provider's request for a franchise would be addressed. Institutional Network(lease agreement separate from franchise). The City wished to clarify the ownership and use of the fiber optic cable network used to connect a number of facilities such as fire stations and community centers to the city's information technology network systems (I-Net). The I-Net is used to transmit both voice and data from the city's computer center. Renton has long wished to clarify the ownership of the network, originally installed as a franchise condition in lieu of AT&T's compliance with certain franchise conditions. TCI's original focus during design and construction of the I- Net was to complete build out, then turn it over to the City. The City's build out of its network was predicated on city ownership of the network, which serves all city facilities. Although Renton views the network as provided to the City as part of a settlement, Comcast claims it never gave ownership to the City. After legal review and assessment of options, the City and Comcast determined that the City would continue to operate the I- Net through a 50-year exclusive use lease which is provided for Council consideration as part of the franchise extension package. RECOMMENDATION Based on completion of City of Renton-Comcast negotiations for a renewed franchise agreement, the Administration recommends the following: • Extend Comcast's cable television franchise through 2013; • Authorize the Mayor and City Clerk to enter into a lease agreement with Comcast for the City's Institutional Network; • Set a public hearing on the topic of franchise extension for September 8, 2008; and • Present the ordinances for first reading. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ORDINANCE NO. 4412, GRANTING TO TCI SEATTLE, INC., A FRANCHISE TO OPERATE A CABLE COMMUNICATION SYSTEM WITHIN THE CITY OF RENTON. WHEREAS, the City of Renton, Washington ("City") granted by Ordinance No. 4412, a Franchise to TCI Seattle, Inc., to provide a cable television system on August 9, 1993; and WHEREAS, the Franchise was acquired through succession by Comcast of Washington IV & Comcast of California/Colorado/Washington I, Inc. ("Comcast" or "Operator"); and WHEREAS, the Franchise is due to expire on midnight, September 13, 2008; and WHEREAS, Comcast and the City have engaged in negotiations concerning the renewal of the Franchise and other disputes and are in agreement concerning certain issues; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, 'fir' WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 2, Length of Franchise, of the Franchise Agreement embodied in Ordinance No. 4412 , is hereby amended to read as follows: Section 2: Length of Franchise. This Franchise shall expire on midnight, September 13, 2013. SECTION II. Section 5, Future Provisions, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by adding to it the following language at the end of the current Section 5: Technical Audit. Comcast shall annually provide to the City a certification signed by its Vice President of Engineering for the State of Washington, or other senior *rrr 1 m , ORDINANCE NO. engineer as agreed upon by the City, certifying that its policies and procedures comply with all applicable laws and codes and that all known maintenance issues have been repaired in compliance therewith. Comcast will provide a letter confirming the following: Comcast has reviewed the Technical Review and Audit of the Comcast Cable System Serving Renton, WA (the "Technical Audit"), by CBG Communications, Inc., dated June 2007, and further confirms that Comcast has corrected all of the performance issues and alleged City Code violations cited (including the alleged NEC and NESC code violations) in the Technical Audit. SECTION III. Section 6, Access Channels, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by deleting the last paragraph of Section 6 and replacing it with the following language: PEG Support. Upon the effective date of this Amendment, the Operator shall pay to the City on a quarterly basis, at the same time as the franchise fee, $0.35 per subscriber per month (the "PEG Fee") from all subscribers receiving and paying for cable service. To the extent permitted by applicable law, the PEG Fee may be itemized on Subscriber billing statements. The PEG Fee shall not be treated as franchise fees for purposes of 47 U.S.C. § 542 or any other purpose, and shall at no time be offset or deducted from franchise fee payments made to the City under this franchise or applicable law. In the event any payment required by paragraph 1(a) is not made on or before the required date, the Operator shall pay, during the period such unpaid 2 ORDINANCE NO. amount is owed, additional compensation and interest charges computed from such due date, at an annual rate of ten percent (10%). Any interest or penalties imposed hereunder shall not be treated as franchise fees for purposes of 47 U.S.C. § 542 or any other purpose, and shall at no time be offset or deducted from franchise fee payments made to the City under this franchise or applicable law. SECTION IV. Section 8, Institutional Networks, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby deleted. The City and Operator have entered into a separate lease agreement regarding the Institutional Network. SECTION V. This Amendment to the Franchise and its terms and provisions shall be accepted by Comcast by the submission of a written instrument, executed and sworn to by a corporate officer of Comcast before a Notary Public, and filed with the City Clerk within sixty (60) days after the effective date of this Ordinance. Such instrument shall evidence the unconditional acceptance of this Amendment to the Franchise and the promise to comply with and abide by all its provisions, terms and conditions. SECTION VI. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 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.1491:7/14/08:scr .411.01 viroi 4 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 17, CABLE COMMUNICATION SYSTEMS, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," TO AMEND THE DEFINITION OF "GROSS REVENUES" AND THE REGULATIONS REGARDING THE GRANTING OF FRANCHISES AND TECHNICAL STANDARDS. WHEREAS, Chapter 17, Cable Communication Systems, of Title V (Finance and Business Regulations) is the Municipal Code that governs Cable Communication Systems; and WHEREAS, changing circumstances make it necessary to amend the existing Chapter 17; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-17-1, Definitions, of Chapter 17, Cable Communication Systems 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 so that the definition of"Gross Revenues" reads as follows: GROSS REVENUES: means, for purposes of Franchise Fee calculations, all revenue received by the franchisee or its affiliates, as defined in the Federal Cable Act, in whatever form and from all sources, derived from the operation of franchisee's Cable System to provide Cable Services, including any revenue received by the franchisee from any use of any component of the Cable System for any purpose by the Operator or by others. Gross Revenues shall include, without limitation, revenue received from: 1) Cables Services; 2) converter and 1 ORDINANCE NO. equipment rentals; 3) advertising; 4) installations; 5) sales occurring as a result of home shopping or similar programming; 6) leased channels; 7) sales of programming guides; 8) Franchise Fees; and 9) fees, payments or other consideration paid by programmers and commissions on advertising accounted for in accordance with generally accepted accounting principles (GAAP) . Gross Revenues shall not include revenues received from telecommunications services or revenues received by third parties unless such revenues are of a type normally received by the Franchisee prior to the date of this Franchise or would normally be received by a Cable Operator similarly situated in the ordinary course of business as compensation for use of the Cable System. Gross Revenues shall be determined without deduction for (1) any operating expense; (2) any accrual; or (3) any other expenditure, regardless of whether such expense, accrual or expenditure reflects a cash payment, and revenue shall be counted only once in determining Gross Revenues. Gross Revenues shall not include funds that the Franchisee is legally obligated to collect as sales or similar taxes imposed directly on Subscribers. This definition shall be construed so as to include all Gross Revenues to the maximum extent permitted by federal and state law, except to the extent specifically excluded in this section, and encompasses revenues that may develop in the future, whether or not anticipated. If a statutory change in state or federal law or a decision of the FCC or a court of competent jurisdiction expands the categories of revenue available to the City for the Franchise Fee assessment beyond those permitted under this definition as of the Effective Date, that change shall automatically be included in the definition of Gross Revenues under this 2 ORDINANCE NO. Franchise, provided that the City imposes the same requirement upon any other similarly situated multichannel video provider over which the City has jurisdiction and authority to impose such fees. SECTION II. Subsection 5-17-2A, Authority to Grant Franchises or Licenses for Cable Television, of Chapter 17, Cable Communication Systems, 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 changing the title to "Competitive Equity" and to read as follows: A. Competitive Equity 1. Any franchise granted pursuant to this Chapter shall be nonexclusive and shall not preclude the City from granting other or further franchises or permits or preclude the City from using any roads, rights-of-way, streets, or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the City to make such changes, as the City shall deem necessary, including the dedication, establishment, maintenance and improvement of all new rights-of-way and thoroughfares and other public properties. The City reserves the right to grant one (1) or more additional franchises. The City shall amend a franchise, as requested by the franchisee, if it grants additional franchises or similar authorizations that contain material terms or conditions which are substantially more favorable or less burdensome to the competitive entity than the material terms and conditions herein. A word for word identical franchise or authorization for a competitive entity is not required so long as the regulatory and financial burdens on each entity are 3 .mb. ORDINANCE NO. generally equivalent taking into account any difference in the number of *100 subscribers served, the number of PEG channels and aggregate support provided, the level of fees and taxes imposed, the Willi of the franchise, and all other circumstances affecting the relative burdens. 2. Notwithstanding any provision to the contrary, at any time prior to the commencement of a franchisee's thirty-six (36) month renewal window provided by Section 626 of the Cable Act, that a non-wireless facilities based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers, Cable Services or multiple channels of Video Programming within the Franchise Area without a franchise or other similar lawful authorization granted by the City, then a franchisee shall have a right to request Franchise amendments that relieve the franchisee of regulatory burdens that create a competitive disadvantage to the franchisee. In requesting amendments, the franchisee shall file a petition seeking to amend the franchise. Such petition shall: (a) indicate the presence of such wireline competitor; and (b) identify all material terms or conditions which are substantially more favorable or less burdensome to the competitive entity. The City shall act on the petition within 120 days. 3. In the event an application for a new cable television franchise is filed with the City proposing to serve the franchise area, in whole or in part, the City shall notify all existing franchisees. SECTION III. Section 5-17-8, Technical Standards, of Chapter 17, Cable Communication Systems, of Title V (Finance and Business Regulations) of Ordinance No. 4260 4 ORDINANCE NO. entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by adding a new subsection, to read as follows: C. Technical Audit: Each franchisees shall annually provide to the City a certification signed by its vice president of engineering for the State of Washington, or other senior engineer as agreed upon by the City, certifying that its policies and procedures comply with all applicable laws and codes and that all known maintenance issues have been repaired in compliance therewith. SECTION IV. Except for the changes indicated above, Chapter 17, Cable Communication Systems, of Title V (Finance and Business Regulations) remains intact. SECTION V. 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 5 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1492:7/14/08:scr 6 Institutional Network Lease Agreement `err This Institutional Network Lease Agreement (the "Lease Agreement") is entered into this day of , 2008, by and between the City of Renton, Washington (the "City") and Comcast of Washington IV, Inc. & Comcast of California/Colorado/Washington I, Inc. ("Comcast"). RECITALS WHEREAS, TCI Cablevision of Washington, Inc. ("TCI") and the City entered into a franchise agreement, through Ordinance No. 4412, on August 9, 1993 (the "Franchise Agreement"), which became effective on September 13, 1993; and WHEREAS, pursuant to the terms of the Franchise Agreement, a cable system upgrade, including a bi-directional I-Net was to be completed by September 13, 1997; and WHEREAS, TCI was not able to upgrade the cable system as required by the Franchise Agreement, which subjected TCI to significant penalties; and WHERAS, TCI and the City negotiated a Franchise Extension Agreement which granted a 24-month extension of the deadline to meet its obligations and in exchange TCI agreed in part to install a fiber-optic institutional network (the "I-Net") for the City's sole use; and s�rr► WHEREAS, the Franchise Extension Agreement was heard by the City's Committee of the Whole and approved by the City Council on September 8, 1997 and entered into on December 23, 1997; and WHEREAS, the I-Net was initially completed in or about 1999; and WHEREAS, Comcast now holds the Franchise Agreement and a dispute between Comcast and the City has arisen over the ownership of the TCI-constructed I-Net, which the parties desire to amicably resolve. NOW THEREFORE, in consideration of the foregoing, and of the promises and covenants contained in this Lease Agreement, the parties agree as follows: Lease 1. Lease of Institutional Network. Subject to the terms and conditions of this Lease Agreement, Comcast hereby leases to the City the "Institutional Network" (I-Net) as described on Exhibit A, attached hereto and incorporated herewith. This Lease Agreement is freely and voluntarily entered into by the Parties, without any duress or coercion, and after each party has consulted with its counsel. Each party hereto has carefully and completely read all of the terms and provisions of this Lease Agreement. w 2. Lease Term. The lease shall commence upon the full execution of the Lease Agreement by the City and Comcast and shall terminate on December 31, 2058. Unless either party notifies the other prior to the end of the Lease Agreement term, this Lease Agreement shall be renewed automatically for additional subsequent 5-year terms under the same terms and conditions contained herein. 3. Payments. The City shall pay Comcast$1.00 per year for 50 years commencing upon the effective date of this agreement, for the use and maintenance of the Institutional Network. The Parties agree that this Lease Agreement is not a cable franchising obligation and payments set forth in this Lease Agreement shall not be treated as franchise fees for purposes of 47 U.S.C. § 542, and shall at no time be offset against or deducted from franchise fee payments made to the City under their current Franchise or any renewed franchise. 4. Use of I-Net. 4.1 Upon the effective date, the City shall have sole exclusive use of all I-Net facilities, equipment and capacity outside the physical site termination panels and shall only use the I-Net for non-commercial uses. 4.2 For the purposes of this Lease Agreement, non-commercial means internal network communications from and among government agencies, schools, libraries and other public agencies, which subject to other limitations herein, includes encrypted wireless, internet, telecommunications, information, voice, video and data services. Unless otherwise agreed upon by Comcast and the City, noncommercial internal network communications excludes any other uses, such as the sub- , 4101 leasing, gifting, or reselling I-Net capacity to a third party for any purpose. The City shall not be prohibited from using the I-Net to provide public internet access in public buildings and public gathering places. 4.3 Unless mutually agreed upon by the City, Comcast may not utilize unused capacity on the I-Net. 4.4 Comcast reserves the right to inspect and audit the City's non-commercial use of the I- Net. Such inspection or audit shall only occur on-site upon reasonable prior written notice by Comcast and in the presence of the City's employee. During the course of an inspection or audit, Comcast shall not electronically penetrate any data or information on the I-Net and shall at all times maintain the privacy of all data and information on the I-Net. No data shall be removed from the I-Net and taken off-site. 5. Rules and Regulations. Except as otherwise provided herein, the terms and conditions of Comcast's cable franchise, authorizing cable service within the City, as amended and/or renewed throughout the term of this Lease Agreement, shall apply for all construction, maintenance, relocation, and safety actions. Lease Agreement vvid Page 2 of 9 6. Maintenance of Institutional Network. Throughout the term of this Lease, the City shall be responsible for paying Comcast's ongoing cost of maintenance for the I-Net and Comcast shall, at the City's request, perform requested maintenance to the I-Net on a time-and- materials basis. Comcast shall only perform this maintenance if first requested by the City, however, in emergency conditions, such as an emergency resulting from a windstorm or an unplanned fiber cut, Comcast is authorized, when conducting its own emergency work, to effect similar emergency repair work on the I-Net, and the City will reimburse Comcast for its expenses, based on time and materials, to conduct these repairs to the I-Net. 7. I-Net Repair Calls and Escalation. The City acknowledges that Comcast does not actively monitor the signal transmission upon the I-Net, and has no notice of a service interruption or outages but for City-initiated notification. For any necessary repairs of the I-Net as determined by the City's authorized users, they shall notify the City's information technology ("IT") representative, who shall in turn, contact Comcast's designated local Network Operations Center(NOC). Comcast shall respond to any repair request within four (4) hours of receipt of notification at the NOC and shall actively begin working on the problem until it is resolved. In order to document the repair work on the I-Net, Comcast will use its normal trouble ticket processes. In the event of an inability to initially resolve the I-Net problems, Comcast shall follow its normal escalation procedures for correcting fiber interruptions and/or outages. At the City's request, Comcast shall also notify the City and provide documentation of the I-Net problem resolution. Such documentation shall include, among other things, a description of the cause and resolution of the problem for each I-Net trouble ticket. 8. I-Net Ownership & Electronics. 8.1 The City agrees that Comcast has clear and unencumbered title to the I-Net outside the physical site termination panels. 8.2 Comcast shall be responsible for supplying and installing the I-Net and associated facilities and equipment, to the specified site termination panels only, thereby providing a pathway for I-Net communications between all sites. 8.3 The City shall be responsible for providing any "active" equipment or components required for I-Net use, including but not limited to computers, network cards, optronics, electronics, and equipment racks, at the City's sole expense. 8.4 The City may not access any part of the I-Net and associated facilities and equipment outside the site termination panels, and the City's permitted access shall in no event extend beyond the City's side of the termination panel. The City shall not attach any equipment or otherwise modify the I-Net in any way that will interfere with the signal quality and the normal operation of Comcast's cable system. Except as provided in this Lease Agreement, Comcast shall not interfere with the signal quality and the normal operation of the I-Net. Lease Agreement Page 3 of 9 9. Modify, Splicing and Attachment. The City may, using the existing I-Net capacity and at its cost, request Comcast modify, splice into, or attach to, the I-Net, outside the site `4.4004 termination panels/demark, to connect to additional City-authorized facilities. Comcast agrees to cooperate with the City to accomplish any modification, splicing or attachments to the I-Net. 10. Relocation. When electric and telephone utility wiring in an area of the City are relocated underground, Comcast shall be responsible for relocating the I-Net at the same time it places it's cable facilities underground. 11. Indemnification. 11.1 Subject to Washington Statutes, municipal limits on liability and all immunities the City may enjoy, including the limitation of payment to only those liabilities that the City would have if it was acting by itself and could assert all of its immunities, the City shall indemnify and hold harmless Comcast, its employees, officers and directors, and its Affiliates and employees, officers and directors thereof, from any liability (including reasonable attorneys' fees) for damages arising out of, or resulting from, the City's use of the Institutional Network, or from the use by any Person authorized by the City to use the Institutional Network. 11.2 Comcast shall indemnify, defend and hold harmless the City, and its officers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents from and against all liability (including reasonable attorneys' fees), damages and penalties which they may legally be required to pay as a result of: (i) Comcast's performance under this Agreement; and (ii) Comcast's unauthorized transmission of a signal over either of the 'wad Institutional Network, or as a result of Comcast's unauthorized modification of City signals or signals transmitted by Authorized Users. 11. Successors and Assigns. This Lease Agreement, and the terms, covenants, warrantees and conditions hereof, shall be binding upon and inure to the benefit of the parties hereto and their respective authorized heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns. Unless otherwise expressly stated herein, nothing in this Agreement shall be construed as an authorization or right of any party to transfer or assign its rights in or delegate its duties under this Agreement without the prior written consent of the other party, except that any consent of the City to the transfer or change of control of the Franchise Ordinance shall be deemed a consent to the transfer or assignment of this Agreement. 12. Notice. Unless otherwise agreed to by the parties, any notice provided for under this Lease Agreement shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receiving party specifies in writing: Lease Agreement Page 4 of 9 (a) Notices to Comcast shall be mailed to: Now Comcast 4020 Auburn Way N Auburn, WA 98002 Attention: Director, Franchising and Government Affairs With a non-binding courtesy copy to: Comcast 15815 25th Ave W Lynnwood, WA 98087 Attention: Franchising and Government Affairs (b) Notices to the City shall be mailed to: Chief Administrative Officer City of Renton Renton City Hall - 7th Floor 1055 South Grady Way Renton, WA 98057 with a copy to: Office of the City Attorney City of Renton Renton City Hall - 7th Floor 1055 South Grady Way Renton, WA 98057 (c) Upon request by the City, Comcast shall provide a list of individual(s) contacts associated with the upkeep of the I-Net. 14. Counterparts. This Lease Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument; and in pleading or proving any provision of this Lease Agreement, it shall not be necessary to produce more than one complete set of such counterparts. 15. Captions. All headings contained in this Lease Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of the Lease Agreement. Whenever used herein the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. Lease Agreement —w Page 5 of 9 16. Governing Law and Binding Effect. This Agreement shall be construed and enforced *400 in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. This Agreement shall bind and inure to the benefit of each of the parties and their successors and permitted assigns. Comcast will not take any action to challenge any provision of this Lease Agreement as contrary to law or unenforceable at any time. 17. Waivers and Amendments. This Lease Agreement may not be amended nor shall any waiver, change, modification, consent or discharge be effected, except by an instrument in writing adopted, in the case of an amendment, by each party and, in the case of a waiver, consent or discharge, executed by the party against whom enforcement of such instrument is sought. Any consent by either party to, or waiver of, a breach by the other party shall not constitute a waiver or consent to any subsequent or different breach. If either party shall fail to enforce a breach or this Lease Agreement by the other party, such failure to enforce shall not be considered a consent to or a waiver of said breach or any subsequent breach for any purpose whatsoever. 18. No Third Party Beneficiaries. For purposes of this Lease Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters/disputes between the parties to this Lease Agreement and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in a contractual relationship with the City or Comcast, or both; and (2) the terms of this Lease Agreement are not intended to release, either by contract or by operation of law, any third person or entity from obligations owed by them to either the City or Comcast. N.4011 19. Entire Agreement. This Lease Agreement, including the recitals and schedule herein, contains the entire agreement of the parties and supersedes all other agreements, oral or written, heretofore made with respect to the subject matter hereof and the transactions contemplated hereby. 20. Recitals. The recitals herein are incorporated by reference into this Lease Agreement and are made a part hereof. 21. Assignment. This Lease Agreement and any rights or duties hereunder shall not be assigned by either party without the express written consent of the other party, unless assigned to a parent, affiliate, or subsidiary company. 22. Binding on Successors. Except as otherwise provided herein, this Lease Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns. 23. Severability. In the event any one (1) or more of the provisions of this Agreement shall for any reason be held to be invalid or unenforceable, the remaining provisions of this Lease Agreement Page 6 of 9 Agreement shall be unimpaired, and shall remain in effect and binding upon the parties, unless such change materially alters either parties ability to perform the material obligations of this Agreement, in which case the parties hereto shall negotiate in good faith to modify this Lease Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the greatest extent possible. 24. Force Majeure. Neither party shall be liable for any failure of performance (including any delay in restoration of service) hereunder due to causes beyond its reasonable control including, but not limited to, acts of God, fire, explosion, vandalism, storm, or other similar catastrophes; any law, order, regulation, direction, decision, action or request of the United States government or the State of Washington; insurrection; riots or other civil disturbances; or wars. 25. Dispute Resolution. In the event one party to this agreement believes there has been a breach by the other party, the non-offending party shall notify the other party in writing with specific details regarding the exact nature of the alleged breach. The offending party shall have the opportunity to respond to the accusation or cure the alleged breach within 30 days following the receipt of the notice. If the offending party contests any part of the alleged breach set forth in the notice, the parties shall meet to discuss the dispute or submit the matter to mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. The parties shall have 60 days to resolve the dispute and in the event that resolution is unsuccessful, the parties shall submit the matter to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Either party may appeal the arbitration award as allowed by law. 26. Termination. The City in its sole discretion may terminate this Lease Agreement, by notice given in the manner contained herein. 27. Relation to Franchise. This Lease Agreement is separate and apart from any renewed cable franchise and this Lease Agreement shall supersede any I-Net obligations in the existing franchise and there shall be no I-Net obligation in a renewed franchise through 2058. 28. Reopeners. 28.1 Grounds. The occurrence of any of the following shall be grounds for the City or Comcast to reopen this Lease Agreement: (a) Any court action that invalidates or substantially negates the effect of any material provision of this Lease Agreement. (b) Any state or federal legislation that invalidates or substantially negates the effect of any material provision of this Lease Agreement. Lease Agreement `%al•' Page 7 of 9 immirmionmemoriv 28.2 Reopener Procedure. (a) The City or Comcast shall make a determination that grounds exist to implement the reopener provisions of this section and shall formally notify the other party in writing and in reasonable detail of that determination, the grounds for it, and the proposed modification deemed necessary to address the event giving rise to the reopener. (b) For a period of ninety (90) days following receipt of the notice, Comcast and the City shall seek to negotiate an amendment to the Lease Agreement reflecting the grounds identified in notice of reopener. (c) If Comcast and the City are unable to reach agreement within the ninety (90) day period, the matter may be submitted to mediation, using the mediation procedure set forth in Section 25. If mediation does not resolve the issue, then the parties shall seek direct judicial resolution. 29. Periodic Evaluation. Every three years during the term of this Lease Agreement either party may require evaluation session(s) upon thirty (30) days written notice to the other party. Topics which may be discussed at any evaluation session may include, but are not limited to, the use and maintenance of the I-Net, application of new technologies, system performance, facilities and support, amendments to this Lease Agreement,judicial rulings, legislation, and any other topics that are relevant to the I-Net. As a result of a periodic review or evaluation session(s), upon notification from either party, both parties shall meet and undertake good faith efforts to reach mutual agreement on proposed amendments to the terms and conditions of this Lease Agreement. If mutual agreement is obtained, both parties shall amend this agreement as allowed under Section 17. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first written above. CITY OF RENTON, WASHINGTON By: Mayor And By: Finance Officer Approved as to form: And By: City Attorney Department Head Lease Agreement Page 8 of 9 COMCAST By: Title: Attest: Title: EXHIBIT A Description of the I-Net Now Lease Agreement Nome Page 9 of 9 Exhibit A Description of the Institutional Network Ned Comcast's Proposal: As of the effective date of this Lease Agreement, Comcast has provided and maintained I-Net connections to the following public buildings with each location connecting to the I-Net hub at the Renton Municipal Building: Site Name Comcast Site Number Entity Address Status Activation Date Renton Municipal Building R1 City 1055 S Grady Way Active Original Senior Center R10 City 211 Burnett Ave N. Active Original City Attorney's Office R12 City 100 S.2nd St Active Original City Shops R13 City 3555 NE 2nd St Active Original Community Center&Carco Theater R14 City 1715 Maple Valley Highway Active Original Fire Station#11 R15 City 211 Mill Ave S Active Original Main Renton Library R16 City 100 Mill Ave S Active Original Liberty Park Community Building R17 City 1101 Bronson Way N. Active Original Renton Historical Society&Museum R18 City 235 Mill Ave S Active Original Fire Station#13 R19 City 17040 108th Ave SE Active Original Fire Station#14 R2 City 1900 Lind Ave SW Active Original Grady Way Park and Ride R3 City NW corner of Shattuck Ave S and S Grady Way Active Original Fire Station#12 R4 City 901 Harrington Ave NE Active Original Highlands Library R5 City 2902 NE 12th St Active Original North Highlands Neighborhood Center R6 City 3000 NE 16th St Active Original Highlands Neighborhood Center R7 City 800 Edmonds Ave NE Active Original Renton Municipal Airport R8 City 616 West Perimeter Rd Active Original Burnett Ave Transit Center R11 City 219 Burnett Ave S Active May-03 Fire Station R20 City NE 12th ST&Jefferson AVE Active Jul-03 Traffic Camera R21 City N 3rd ST&Meadow Ave N Active May-04 The I-Net is comprised of separate fiber optic cables, containing twelve-strands per site, attached to Comcast cable system as per Exhibit A of the Franchise Extension Agreement. As authorized by the City, Comcast is utilizing City-owned underground conduits for I-Net connectivity purposes only. Lease Agreement Page 10 of 9 CITY OF RENTON COUNCIL AGENDA BILL 62, Submitting Data: • For Agenda of: r? Dept/Div/Board.. AJLS/City Clerk August 18, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-08-008; Court Case Correspondence.. Cedar River Water and Sewer District and Soos Creek Ordinance Water and Sewer District v. King County, Snohomish Resolution County, City of Renton, et al Old Business Exhibits: New Business Summons and Complaint for Declaratory, Injunctive Study Sessions and Other Relief Information Recommended Action: Approvals: Refer to City Attorney and Insurance Services Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Summons and Complaint for Declaratory , Injunctive and Other Relief filed in Pierce County Superior Court by David F. Jurca, Helsell Fetterman, LLP, 1001 Fourth Ave., Ste. 4200, Seattle, 98154, on behalf of Cedar River Water and Sewer District and Soos Creek Water and Sewer District, regarding alleged unlawful sewer disposal charges and payments made from the Water Quality Fund (Brightwater). The City of Renton is considered a "nominal" defendant. FILED IN COUNTY CLERK'S OFFICE CITY OF REN:ION 1 0 6 2008 P.M.��Uf t2A.M. 2 2008 PIERCE COUNTY,WASHINGTON KEVIN STOCK,County C,erk RECEIVED BY OEFUTY 3 CITY CLERK'S OFFICE .spm 4 via dowrcr 5 6 SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY CEDAR RIVER WATER AND SWEER 8 DISTRICT; and SOOS CREEK WATER NO. C�6 2 u 167 4 AND SEWER DISTRICT, 9 SUMMONS Plaintiffs, 10 11 V. 12 KING COUNTY; SNOHOMISH COUNTY; ALDERWOOD WATER AND 13 WASTEWATER DISTRICT; CITY OF Nosy ALGONA; CITY OF AUBURN; CITY OF 14 BELLEVUE; CITY OF BLACK DIAMOND; 15 CITY OF BOTHELL; CITY OF BRIER; CITY OF CARNATION; COAL CREEK 16 UTILITY DISTRICT; CROSS VALLEY WATER DISTRICT; HIGHLANDS SEWER 17 DISTRICT; CITY OF ISSAQUAH; CITY OF KENT; CITY OF KIRKLAND; CITY OF 18 LAKE FOREST PARK; LAKEHAVEN 19 UTILITY DISTRICT; CITY OF MERCER ISLAND; NORTHEAST SAMMAMISH 20 SEWER DISTRICT; NORTHSHORE UTILITY DISTRICT; OLYMPIC VIEW 21 WATER AND SEWER DISTRICT; CITY 22 OF PACIFIC; CITY OF REDMOND; CITY OF RENTON; RONALD WASTEWATER 23 DISTRICT; SAMMAMISH PLATEAU WATER AND SEWER DISTRICT; CITY 24 OF SEATTLE; SKYWAY WATER AND SEWER DISTRICT; CITY OF TULWILA; 25 VALLEY VIEW SEWER DISTRICT; Nos"r SUMMONS - 1 HELSELL �C'�1 5 L� � � � � � FETTERMAN ac'. La,yr.A 111,(-e / 1001 Fourth Avenue,Suite 4200 ✓..e Pb / 44(91s'}y/4�O.Box 21846/Seattle,WA 98111-3846 P-Q J1 ,/ (206)292-1144 1 VASHON SEWER DISTRICT; WOODINVILLE WATER DISTRICT; 2 MUCKLESHOOT INDIAN TRIBE; 3 SHOREWOOD HEIGHTS APTS., LLC, as successor in interest to Bayshore 4 Shorewood G.P., Inc.; and the STATE OF WASHINGTON, acting by and through 5 the Washington State Parks and Recreation Commission, 6 7 Defendants. 8 9 TO: CITY OF RENTON 10 A lawsuit has been started against you in the above-entitled court by plaintiffs. 11 Plaintiffs' claims are stated in the written complaint, a copy of which is served upon you with this summons. 12 In order to defend against this lawsuit, you must respond to the complaint by 13 stating your defense in writing, and by serving a copy upon the persons signing this .4101 summons within 20 days after the service of this summons, excluding the day of 14 service (or within 60 days after service of this summons, excluding the day of service, 15 if served outside the State of Washington), or a default judgment may be entered against you without notice. A default judgment is one where plaintiffs are entitled to 16 what they ask for because you have not responded. If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default 17 judgment may be entered. 18 You may demand that the plaintiffs file this lawsuit with the court. If you do 19 so, the demand must be in writing and must be served upon the persons signing this summons. Within 14 days after you serve the demand, the plaintiffs must file this 20 lawsuit with the court, or the service on you of this summons and complaint will be void. 21 22 If you wish to seek the advice of an attorney in this matter, you should do so promptly, so that your written response, if any, may be served on time. 23 This summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of 24 the State of Washington. 25 SUMMONS - 2 H E LSE LL FETTERMAN 1001 Fourth Avenue,Suite 4200 P.O.Box 21846/Seattle,WA 98111-3846 (206)292-1144 1 DATED this 6th day of August, 2008. 2 HELSELL FETTERMAN LLP 3 4 5 By Davi F. Jurca, WAS IA #2015 6 Attorney for Plaintiffs 7 8 9 10 11 12 'fir 13 14 15 16 17 18 19 20 21 22 23 24 25 www SUMMONS - 3 HELSELL FETTERMAN 1001 Fourth Avenue.Suite 4200 P.O.Box 21846/Seattle,WA 98111-3846 (206)292-1144 FILED IN COUNTY CLERK'S OFFICE 1 REW A.M. AUG 0 6 2008 P.M. 2 AUG 2 2008 PIERCE COUNTY,WASHINGTON KEVIN STOCK,County Clerk BY DEPUTY 3 RECEIV"EnF�ICk CITY CLERK'S 4 5 SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY 6 CEDAR RIVER WATER AND SEWER 7 DISTRICT; and SOOS CREEK WATER AND NO. 08 2 1 1 1 6 E 4 SEWER DISTRICT, 8 Plaintiffs, COMPLAINT FOR DECLARATORY, 9 INJUNCTIVE AND OTHER RELIEF 10 v. 11 KING COUNTY; SNOHOMISH COUNTY; ALDERWOOD WATER AND 12 WASTEWATER DISTRICT; CITY OF ALGONA; CITY OF AUBURN; CITY OF 13 BELLEVUE; CITY OF BLACK DIAMOND; 14 CITY OF BOTHELL; CITY OF BRIER; CITY OF CARNATION; COAL CREEK UTILITY 15 DISTRICT; CROSS VALLEY WATER DISTRICT; HIGHLANDS SEWER DISTRICT; 16 CITY OF ISSAQUAH; CITY OF KENT; CITY OF KIRKLAND; CITY OF LAKE FOREST 17 PARK; LAKEHAVEN UTILITY DISTRICT; 18 CITY OF MERCER ISLAND;NORTHEAST SAMMAMISH SEWER DISTRICT; 19 NORTHSHORE UTILITY DISTRICT; OLYMPIC VIEW WATER AND SEWER 20 DISTRICT; CITY OF PACIFIC; CITY OF REDMOND; CITY OF RENTON; RONALD 21 WASTEWATER DISTRICT; SAMMAMISH 22 PLATEAU WATER AND SEWER DISTRICT; CITY OF SEATTLE; SKYWAY WATER AND 23 SEWER DISTRICT; CITY OF TUKWILA; VALLEY VIEW SEWER DISTRICT; 24 VASHON SEWER DISTRICT; WOODINVILLE WATER DISTRICT; 25 HELS ELL FETTERMAN COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF- I 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 'tki..r 1 MUCKLESHOOT INDIAN TRIBE; SHOREWOOD HEIGHTS APTS., LLC, as 2 successor in interest to Bayshore Shorewood 3 G.P., Inc.; and the STATE OF WASHINGTON, acting by and through the Washington State 4 Parks and Recreation Commission, 5 Defendants. 6 I. Parties 7 8 1. Plaintiffs Cedar River Water and Sewer District("Cedar River") and Soos Creek 9 Water and Sewer District ("Soos Creek") are municipal corporations formed under the authority of 10 Title 57 RCW (Water-Sewer Districts) and are headquartered in the City of Renton in King County, 11 Washington. Cedar River and Soos Creek are each a water and sewer utility. In their capacity as 12 sewer utilities, Cedar River and Soos Creek collect sewage from residential and commercial liaiw 3 ratepayers within their respective service areas and transmit the sewage to defendant King County's 14 sewage system for treatment and disposal. Under long-term written contracts between Cedar River 15 16 and King County, and between Soos Creek and King County, the County treats the sewage at one of 17 its regional treatment plants. Cedar River and Soos Creek each pay King County for this service in 18 the form of sewage disposal charges, sometimes referred to as sewer rates; the contracts specify how 19 the rates are to be calculated. Cedar River and Soos Creek each pass the King County sewage 20 disposal charges on to their respective ratepayers in the form of sewer utility charges. 21 2. Defendant King County is a political subdivision of the State of Washington. As a 22 general purpose government, the County provides a wide variety of governmental services. As 23 24 described more fully below, on January 1, 1994 the County assumed the rights, powers, functions 25 and obligations of the Municipality of Metropolitan Seattle ("Metro"). These included the NOW H ELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF- 2 tool Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 development and operation of a regional transit system and the regional collection and treatment of 2 sewage. The County now provides transit services through its Department of Transportation, and it 3 provides sewage collection and treatment services through the Wastewater Treatment Division 4 ("WTD") of the County's Department of Natural Resources and Parks. King County operates the 5 WTD as a proprietary municipal utility that is primarily"wholesale" in character, in that WTD's 6 7 "ratepayers" are primarily cities and utility districts that, like the plaintiffs, provide "retail" sewer 8 utility services to homeowners, businesses and other producers of wastewater. 9 3. Defendant Snohomish County is a political subdivision of the State of Washington. 10 King County is constructing a new sewage treatment plant(called "Brightwater")11 g ) in Snohomish County. Brightwater will serve portions of north King County and south Snohomish County. 12 Snohomish County has significant land use and development permitting authority for Brightwater 13 inasmuch as the site of the treatment plant is located in Snohomish County; however, the pipeline for 14 -15 transmitting the effluent from the treatment plant to the marine outfall in Puget Sound is to be 16 located primarily in King County. 17 4. The remaining defendants are Washington cities (Algona, Auburn, Bellevue, Black 18 Diamond, Bothell, Brier, Carnation, Issaquah, Kent, Kirkland, Lake Forest Park, Mercer Island, 19 Pacific, Redmond, Renton, Seattle and Tukwila), Washington utility districts (Alderwood Water and 20 Wastewater District, Coal Creek Utility District, Cross Valley Water District, Highlands Sewer 21 District, Lakehaven Utility District, Northeast Sammamish Sewer District, Northshore Utility 22 23 District, Olympic View Water and Sewer District, Ronald Wastewater District, Sammamish Plateau 24 Water and Sewer District, Skyway Water and Sewer District, Valley View Sewer District, Vashon 25 Sewer District and Woodinville Water District), an Indian tribe (Muckleshoot Indian Tribe), a HELSELL COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF-3 F E T T E RM A N 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 44000, 1 Washington limited liability company(Shorewood Heights Apts., LLC, as successor in interest to 2 Bayshore Shorewood G.P., Inc.), and the State of Washington (acting by and through the 3 Washington State Parks and Recreation Commission), which, like plaintiffs, have contracts with 4 King County for sewage treatment and disposal. 5 5. King County sometimes refers (for example, in Official Statements for sewer revenue 6 7 bonds) to the plaintiffs and the defendant cities and utility districts as "municipal participants" in the 8 County's wastewater treatment system, and it sometimes refers to the defendant Indian tribe, the 9 defendant limited liability company and the State as "non-municipal participants"in that system. 10 The defendants other than King County and Snohomish County are referred to collectively in this 11 complaint as the"participant defendants," and the plaintiffs and participant defendants are referred 12 to collectively as the"participants." The defendant cities and utility districts are sometimes referred wet 3 to collectively in this complaint as the "sewer utility defendants," and the plaintiffs and sewer utility 14 15 defendants are sometimes referred to collectively as the"sewer utilities." 16 6. As set forth more fully below, the plaintiffs and other participants all have sewage 17 disposal contracts with King County that contain identical or substantially similar terms relating to 18 the issues raised in this action, and thus the participant defendants will receive benefits similar to 19 those received by the plaintiffs if the plaintiffs prevail on their claims against a aiKingCount g yin this 20 action. 21 7. As set forth below, plaintiffs are seeking affirmative declaratory, injunctive and 22 23 monetary relief against King County. Snohomish County and the participant defendants are 24 "nominal" defendants in that plaintiffs are not seeking any relief against them except insofar as they 25 may have an interest that would be affected by the declaratory relief sought in this action, within the HELSELL FETTER.MAN COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF-4 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 wrr. 1 meaning of RCW 7.24.110. 2 II. Jurisdiction and Venue 3 8. This Court has subject matter jurisdiction under RCW 2.08.010. 4 9. King County is the principal defendant in this action, and venue is proper in Pierce 5 County Superior Court under RCW 36.01.050. In addition, venue is also proper in this Court under 6 7 RCW 4.12.025 because King County and other defendants (including without limitation the City of 8 Auburn, the Muckleshoot Indian Tribe and the State of Washington) are located in part in or regularly 9 conduct business in Pierce County. In particular, King County's wastewater service area includes 10 portions of Pierce County. See King County Code 28.86.110.A. 11 10. In the sewage disposal agreement between King County and the Muckleshoot Indian 12 Tribe, the Tribe agrees to a limited waiver of sovereign immunity and "consents to the personal 13 jurisdiction of any court referenced herein with respect to any action to enforce any of the terms and 14 15 conditions and/or rights and remedies under this Agreement, . . ." (Agreement, §16). However, 16 given that the plaintiffs are not seeking any affirmative relief from the Tribe, that the Tribe is named 17 as a (nominal) defendant merely because it may have an interest that would be affected by the 18 declaratory relief sought in this action, that the Tribe's share of King County's sewer system 19 revenues from sewage disposal charges is less than one-twentieth of one per cent of the total, and that 20 the rights and interests of the other parties could be protected adequately even if the Tribe were not a 21 party to this action, the Tribe is not an indispensable party within the meaning of CR 19(b). 22 23 Accordingly, even if the Tribe is not subject to the jurisdiction of this Court, this action should 24 proceed against the other parties. 25 HELSELL FETTERMAN COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF-5 •.- 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 V 1 11. Although filing a notice of claim under RCW 4.96.010 and 4.96.020 was unnecessary 2 under the circumstances of this case, each plaintiff nevertheless filed a notice of claim with King 3 County on June 5, 2008. More than 60 days have elapsed since the notices of claim were filed. 4 III. Background Facts 5 A. History of Metro 6 7 12. In 1956 a group of local residents became concerned about the effect of rapid urban 8 growth and the decline of Lake Washington. These conditions and other regional concerns prompted 9 citizens to begin a three-year study of metropolitan problems. As a result of this study, citizens 10 proposed a state law that would allow local governments in Washington to form metropolitan 11 municipal corporations. These corporations could address problems that crossed over the boundaries 12 of cities, counties and special districts. 13 13. In response, the state Legislature adopted RCW chapter 35.58 (Laws of 1957, ch. 14 15 213), authorizing the creation of metropolitan municipal corporations. According to the statute, it is 16 the "public policy of the state of Washington to provide for the people of the populous metropolitan 17 areas in the state the means of obtaining essential services not adequately provided by existing 18 agencies of local government." RCW 35.58.010. The purpose of the statute was "to enable cities and 19 counties to act jointly to meet these common problems in order that the proper growth and 20 development of the metropolitan areas of the state may be assured and the health and welfare of the 21 people residing therein may be secured." RCW 35.58.010. 22 23 14. A ballot measure to establish the Municipality of Metropolitan Seattle ("Metro") was 24 passed in the fall of 1958. Initially, Metro was limited to treatment of sewage in the Puget Sound 25 area as a means to address pollution in Lake Washington and Elliot Bay. In 1972 voters approved an HELSELL COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF-6 F E T T E EZM A N 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 expansion of Metro to be coterminous with the King County boundaries and to include public 2 transportation as one of its functions in addition to sewage treatment. 3 15. In 1990, the structure of the Metro Council (the governing body for Metro) was found 4 to be unconstitutional because it violated the one person, one vote principle of the Equal Protection 5 Clause of the Fourteenth Amendment of the United States Constitution. Cunningham v. Mun. of 6 7 Metro. Seattle, 751 F. Supp. 885 (W.D. Wash. 1990). Voters subsequently approved the merger of 8 Metro and King County, and on January 1, 1994 King County assumed the rights, powers, functions 9 and obligations of Metro. Accordingly, references in this complaint to King County include Metro as 10 the County's predecessor-in-interest with respect to wastewater treatment matters. 11 B. Sewage Disposal Contracts 12 16. King County has constructed, maintained and paid for its wastewater treatment system 13 with proceeds from the sale of bonds, revenues collected under contracts with sewer utilities and 14 15 other parties, and capacity charges imposed by the County directly on new customers of the sewer 16 utilities. 17 17. Each plaintiff has entered into a long-term contract with King County for sewage 18 disposal. Section 5 of each contract provides that a"sewage disposal charge" shall be paid to the 19 County"for the disposal of sewage hereafter collected by the [sewer utility] and delivered to Metro," 20 and it spells out how the sewage disposal charge is to be calculated. Paragraph 3(a) of section 5 of 21 the contract limits what costs may be included in the calculation of the sewage disposal charge. It 22 provides that: 23 24 . . . Metro shall determine its total monetary requirements for the disposal of sewage during the next succeeding calendar year. Such requirements shall include the cost of 25 administration, operation, maintenance, repair and replacement of the Metropolitan HELSE LL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF-7 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 Sewage System, establishment and maintenance of necessary working capital and reserves, the requirements of any resolution providing for the issuance of revenue 2 bonds of Metro to finance the acquisition, construction or use of the sewerage 3 facilities, plus not to exceed 1% of the foregoing requirements for general administrative overhead costs. 4 The sewage disposal charge to be paid by a particular sewer utility or other participant is to be based 5 upon the County's "total monetary requirements for the disposal of sewage," divided by the total 6 7 number of residential customers and residential customer equivalents of all participants in the 8 County's wastewater treatment system, multiplied by the number of residential customers and 9 residential customer equivalents of the particular sewer utility or other participant, subject to certain 10 adjustments. Nothing in the contract allows the sewage disposal charge to include any component 11 other than those set forth in section 5, paragraph 3 of the contract. 12 18. Each of the participant defendants has a sewage disposal contract with King County itise 3 containing terms substantially similar to the terms of the contracts between the plaintiffs and King 14 15 County, including identical or substantially similar language to that quoted or described above from 16 plaintiffs' contracts. In addition, certain of the participant defendants (including the cities of Renton, 17 Pacific, Issaquah, Tukwila and Carnation, the Vashon Sewer District, and the Muckleshoot Indian 18 Tribe) have recently entered into extended contracts with King County which run through 2056 and 19 which also provide for sewer rate increases in emergency situations. 20 C. Restrictions on King County's Expenditures from Sewer Revenues 21 19. As explained above, under the sewage disposal contracts the only costs that are to be 22 23 included as components of the sewage disposal charge are those set forth in section 5, paragraph 3 of 24 the contracts. While the sewage disposal contracts provide that expenses other than sewage disposal 25 costs may not be included in calculating sewage disposal charges, the converse of the same 'olorrr HELSELL F ETTE RMAN COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF- 8 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 proposition is addressed by state and local laws prohibiting King County from spending sewer 2 revenues on costs other than sewage disposal costs or for purposes other than sewage disposal. Thus, 3 the County may not include non-sewage costs in sewer rates, and it may not use sewer revenues to 4 pay non-sewage costs. 5 20. The ownership and operation of King County's sewage disposal system is a 6 7 metropolitan municipal function authorized to be performed by the County pursuant to RCW ch. 8 35.58 and Title 28 of the King County Code. 9 21. The King County Charter provides that: 10 Each metropolitan municipal function authorized to be performed by the county 11 pursuant to RCW ch. 35.58 shall be operated as a distinct functional unit. Revenues or property received for such functions shall never be used for any purposes other than 12 the operating expenses thereof, interest on and redemption of the outstanding debt thereof, capital improvements, and the reduction of rates and charges for such 13 functions. 14 King County Charter § 230.10.10. Under this provision, sewage disposal revenues may not be used 15 for purposes other than sewage disposal. 16 22. The King County Code provides that: 17 The assets of the wastewater system are pledged to be used for the exclusive benefit of 18 the wastewater system including operating expenses, debt service payments, asset 19 assignment and the capital program associated therewith. The system shall be fully reimbursed for the value associated with any use or transfer of such assets for other 20 county purposes. 21 King County Code 28.86.160.C.l.FP-10. Under this provision, the assets of the wastewater system 22 (including sewage disposal revenues) are to be used for the exclusive benefit of the wastewater 23 system, and the wastewater system is to be fully reimbursed for the value of any assets (including 24 sewage disposal revenues) used for other county purposes. 25 HELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF-9 - 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 23. In ordinances adopted by King County and official statements issued by King County 2 in connection with King County sewer revenue bonds, the County has pledged to bondholders and 3 others that, so long as any such bonds are outstanding, all sewer revenues will be deposited into a 4 special fund called the Water Quality Operating Account, also known as the Revenue Fund, and will 5 be used only for specified purposes relating to the County's sewer system. See, for example, King 6 7 County Ordinance 16133, §14. Spending sewage disposal revenues on costs unrelated to the sewer 8 system constitutes a violation of the County's duties and obligations as set forth in the bond 9 ordinances and official statements. 10 24. The Washington local government accounting statute, RCW 43.09.210 (sometimes 11 referred to as the state accountancy act), provides that: 12 All service rendered by, or property transferred from, one department, public iiterwe l3 improvement, undertaking, institution, or public service industry to another, shall be paid for at its true and full value by the department, public improvement, undertaking, 14 institution, or public service industry receiving the same, and no department, public 15 improvement, undertaking, institution, or public service industry shall benefit in any financial manner whatever by an appropriation or fund made for the support of 16 another. 17 Under this statute, any assets transferred from or services provided by King County's Wastewater 18 Treatment Division to other King County or non-King County governmental bodies or departments 19 are to be paid for at their true and full value, and no other King County or non-King County 20 governmental body or department is to benefit financially from the WTD's sewage disposal revenues. 21 25. Under the sewage disposal contracts and the statutory, charter, code, ordinance and 22 23 other provisions described above, King County's sewage disposal revenues are not to be used for 24 purposes other than sewage disposal or spent on costs other than sewage disposal costs. 25 HELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF- 10 ..,, . ...,.,,.,.., 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 D. Brightwater Treatment Plant 2 26. King County has three functioning sewage treatment plants which discharge effluent 3 into Puget Sound, namely, the South Treatment Plant in Renton(having an average capacity for wet 4 weather flow of 115 million gallons per day), the West Point Treatment Plant in Seattle (having an 5 average wet weather flow capacity of 133 million gallons per day), and the Vashon Treatment Plant 6 7 on Vashon Island (having an average wet weather flow capacity of 180,000 gallons per day). King 8 County's new treatment plant serving the City of Carnation(having an initial capacity of 9 approximately 400,000 gallons per day) became operational in June 2008; effluent from the 10 Carnation plant will be discharged into the Chinook Bend wetlands along the Snoqualmie River. 11 27. In November 1999 King County adopted Ordinance 13680 (the "1999 Ordinance"), 12 readopting, ratifying and making certain changes to the comprehensive water pollution abatement 13 plan for King County that had theretofore been adopted by Metro. Sections 1 through 18 of the 1999 14 -15 Ordinance were codified as part of King County Code Title 28. 16 28. As set forth in the 1999 Ordinance, King County concluded that it was necessary to 17 construct a new"north" treatment plant based upon anticipated population growth in the area of north 18 King County and south Snohomish County. After considering a number of options, in December 19 2003 King County decided to locate a relatively small new plant, to be called Brightwater, in south 20 Snohomish County near the City of Woodinville. The effluent from the plant will be discharged 21 approximately 5,200 feet offshore from Point Wells near Edmonds, Washington. The effluent 22 23 pipeline from the plant to the outfall will be approximately 14 miles long. The County expects the 24 plant to become operational in 2011, with an initial average wet weather flow capacity of 36 million 25 gallons per day. The County plans to expand the plant by 2040 to provide an average wet weather HELSE LL F ETTE RMAN COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF- 11 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 flow capacity of 54 million gallons per day. 2 29. As set forth in Ordinance 13680 in November 1999, the County anticipated a need to 3 increase its wastewater system capacity from 248 mgd (million gallons per day) to 304 mgd by the 4 year 2030, or an increase of 56 mgd. It planned to achieve that increase in capacity by constructing a 5 new north treatment plant (which subsequently became known as Brightwater) with a capacity of 36 6 mgd by 2010 and expanding the capacity of the existing south treatment plant in Renton by 20 mgd 8 by 2029. The estimated costs of treatment facilities to achieve that expanded capacity was estimated 9 to be $277 million, and the estimated costs of conveyance facilities was estimated to be$582 million, 10 or a total of$859 million for treatment and conveyance facilities for both the new north plant and the 11 expanded south plant. 12 30. The current estimated cost for the 36 mgd Brightwater plant alone, with associated '4 ,3 conveyance facilities, is now $1.83 to $1.86 billion—more than double the original combined 14 15 estimated costs for both the new north plant and the expansion of the south plant. 16 E. Improper Payments to Snohomish County for"Mitigation" of Brightwater 17 31. The 1999 Ordinance set forth a number of policies to provide direction for the 18 operation and further development of King County's wastewater system, its capital improvement 19 program and the development of subsequent policies. Included among these were five so-called 20 "environmental mitigation policies" ("EMP"). 21 32. EMP-1, codified as King County Code 28.86.140.B.EMP-1, directed King County to 22 23 work with affected communities to develop mitigation measures for environmental impacts created by the construction, operation, maintenance, expansion or replacement 24 of regional wastewater facilities. These mitigation measures shall: 25 1. Address the adverse environmental impacts caused by the project; Niripe HELSELL FETTEfMAN COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF- 12 w , 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 2. Address the adverse environmental impacts identified in the county's 2 environmental documents; and 3 3. Be reasonable in terms of costs and magnitude as measured against 4 severity and duration of impact. 5 Thus, under EMP-1 the mitigation measures must (1) address actual adverse environmental impacts 6 that are caused by the project, (2) be identified in the County's environmental documents and (3) be 7 reasonable in terms of costs and magnitude as measured against severity and duration of impact. 8 33. EMP-5, codified at King County Code 28.86.140.B.EMP-5, provides in relevant part: 9 For the south treatment plant and the new north treatment plant [Brightwater], a target 10 for mitigation shall be at least ten percent of individual project costs, or a cumulative 11 total of ten million dollars for each plant, whichever is greater, provided that mitigation funded through wastewater revenues is consistent with chapter 35.58 RCW; 12 Section 230.10.10 of the King County Charter; agreements for sewage disposal entered into between King County and component agencies; and other applicable 13 county ordinance and state law restrictions. 14 (Bracketed matter and emphasis added). Thus, under EMP-5 any mitigation measures that are funded 15 through wastewater revenues must comply with all applicable legal restrictions, including without 16 limitation those described above in paragraphs 19 through 25 prohibiting the use of sewer revenues 17 for purposes other than sewage disposal. 18 19 34. In a March 2005 monthly report on the Brightwater project, King County listed total 20 committed and uncommitted mitigation spending amounting to $88 million, with more than half of 21 that amount ($45,257,762) committed to Snohomish County. The $88 million figure did not include 22 mitigation that the County was already planning to spend on odor control. 23 35. Despite King County's commitments and plans to spend substantial amounts for 24 "mitigation" relating to the Brightwater project,relations between King County and Snohomish 25 HELSELL F ETTE[OMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF- 13 m 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 County were strained by opposition within Snohomish County to the Brightwater project and by 2 demands made by Snohomish County for additional so-called "mitigation" measures that King 3 County regarded as unrelated to Brightwater's actual impacts. 4 36. On April 18, 2005 Snohomish County passed two emergency ordinances targeting the 5 construction of wastewater treatment facilities in Snohomish County. It also denied demolition and 6 7 grading permit applications by King County for the Brightwater project. 8 37. In a letter dated May 4, 2005 to the Snohomish County Executive and the Chair of the 9 Snohomish County Council, King County Executive Ron Sims stated that "Unfortunately, 10 Snohomish County has made it clear that King County must first commit to paying many additional 11 millions for Snohomish County roadways and other capital projects unrelated to Brightwater's actual 12 impacts, as the price tag for Snohomish County's approval of Brightwater," and warned that Use of "iso-13 King County funds for these extraneous purposes is not authorized by law and is not appropriate." 14 15 (Emphasis added). 16 38. On May 11, 2005 the State Department of Ecology wrote to Snohomish County, 17 supporting King County's concerns, reiterating the Department of Ecology's support for the 18 Brightwater project, and threatening a sewer connection moratorium within King and Snohomish 19 Counties if existing sewage treatment plants reached 100% capacity and if capacity-related effluent- 20 limit violations occurred. 21 39. Nevertheless, King County capitulated in large part to Snohomish County's demands 22 23 for unauthorized and unlawful "mitigation" payments for projects unrelated to Brightwater's actual 24 impacts. On December 20, 2005 King County entered into an agreement with Snohomish County 25 (the"Settlement Agreement") in which Snohomish County agreed to cease its opposition to Nalie HELSELL FETTEfMAN COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF- 14 - 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 Amorrimmmer 1 Brightwater in exchange for a commitment by King County to pay an additional $70 million to 2 Snohomish County to implement so-called "mitigation"measures unrelated to actual adverse 3 environmental impacts of Brightwater, in addition to meeting the requirements of Snohomish County 4 regulations and special conditions required by the development agreement between the two counties 5 for the Brightwater project. 6 7 40. Under the Settlement Agreement between the two counties, King County has paid or 8 will pay Snohomish County up to $30.4 million for parks, $25.85 million for pedestrian and bicycle 9 paths, and $10.8 million for habitat mitigation and conservation in the Little Bear Creek watershed, 10 and will also provide$2.95 million worth of in-kind services to Snohomish County in the form of 11 free use, in perpetuity, of a community center (to be built by King County and now estimated to cost 12 $8 million). 13 41. King County's December 2005 monthly report for Brightwater shows total committed 14 15 mitigation spending at $140.9 million, with more than $114 million committed to Snohomish County 16 (including the $70 million in so-called "mitigation" spending under the Settlement Agreement). 17 42. King County and Snohomish County have sometimes used the phrase"community 18 mitigation" to refer to payments or expenditures made for projects or purposes, like those provided 19 for in the Settlement Agreement between the two counties, that are not for purposes of addressing 20 direct, identifiable, actual impacts of the Brightwater project. 21 43. The $70 million of so-called "community mitigation" payments provided for in the 22 23 Settlement Agreement between the two counties were not for the purpose of addressing direct, 24 identifiable, actual impacts of the Brightwater project. Instead, they were made simply to win 25 political approval from Snohomish County and to induce it to drop its objections to Brightwater. HELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF- 15 - •• _ ••• 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 44. RCW 82.02.020 prohibits a county from imposing, either directly or indirectly, a"tax, 2 fee, or charge, either direct or indirect," on the development of land. That statute permits voluntary 3 agreements that allow a payment"to mitigate a direct impact that has been identified as a 4 consequence of a proposed development," but it explicitly prohibits the exaction of any payment 5 which the county"cannot establish is reasonably necessary as a direct result of the proposed 6 7 development." Under that statute Snohomish County could not lawfully require King County to pay 8 $70 million for"community mitigation" as part of the Settlement Agreement between the two 9 counties, and King County could not lawfully make or agree to make those unlawfully exacted 10 payments to Snohomish County. 11 45. The State Environmental Policy Act ("SEPA") provides that any government action 12 "may be conditioned only to mitigate specific adverse environmental impacts which are identified vitwor" the environmental documents prepared under this chapter." RCW 43.21 C.060. That requirement is 14 15 reinforced by WAC 197-11-660(10(b), which provides: "Mitigation measures shall be related to 16 specific, adverse environmental impacts clearly identified in an environmental document on the 17 proposal and shall be stated in writing by the decision maker." To the extent that the Final 18 Environmental Impact Statement ("FEIS") for Brightwater did not identify existing Snohomish 19 County transportation, drainage or other problems as "specific adverse environmental impacts" of 20 Brightwater, under that statute and regulation Snohomish County could not and cannot lawfully 21 demand or require King County to pay to mitigate those existing problems. 22 46. Under EMP-1.2 (KCC 28.86.140.B.EMP-1.2, "mitigation measures shall . . . [a]ddress 23 24 the adverse environmental impacts identified in the county's environmental documents"), any specific 25 adverse environmental impacts requiring mitigation should have been identified in the FEIS. HELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF- 16 ..: 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 itimiemommimmenrommor 1 Moreover, pursuant to EMP-2 (KCC 28.86.140.B.EMP-2, "Mitigation measures identified through 2 the state Environmental Policy Act process shall be incorporated into design plans and construction 3 contracts to ensure full compliance"), any mitigation measures identified through the SEPA process 4 should already have been incorporated into the design plans and construction contracts for the project. 5 47. Prior to the negotiations with King County which culminated in the Settlement 6 Agreement, Snohomish County developed a strategy for identifying priority projects to be funded 7 g with "mitigation" money from King County. Many of the projects had been previously identified in 9 other Snohomish County planning documents, such as the Transportation Needs Report, the Parks 10 Comprehensive Plan, and the Water Resource Inventory Area("WRIA") 8 planning process. 11 Inasmuch as such planning documents preceded the design of Brightwater, any problems being 12 mitigated by the projects identified in those documents were not caused by Brightwater. 13 48. Consistent with the King County Executive's letter of May 4, 2005 warning that use of 14 15 King County funds for"extraneous purposes" as demanded by Snohomish County"is not authorized 16 by law and is not appropriate," the Settlement Agreement between the two counties expressly 17 contemplated the likelihood that a court would find the payments to be made by King County to 18 Snohomish County under the Agreement to be unlawful. The agreement provided: 19 Compliance with Applicable Laws. The parties intend that the payment of mitigation 20 funds to Snohomish County shall be in compliance with all applicable laws and regulations. In the event that a court of competent jurisdiction finds that any 21 expenditure or payment of funds by King County for the benefit of impacted communities required under this Agreement shall be illegal or in violation of any law 22 or regulation, Snohomish County shall promptly return any unexpended funds to King County where required by such court order. To the extent that such funds have 23 already been spent on projects under this Agreement, then the parties agree to 24 immediately enter into discussions to promptly determine the manner and amount to which funds must be credited back to King County in light of the court's order. In the 25 even that any of the Community Mitigation funds are held by a court to be illegally NELSELL FETTERMAN COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF- 17 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 imposed, Snohomish County will nonetheless take no action to withdraw or otherwise invalidate any permits or approvals it has issued and the Parties agree to discuss any 2 new concerns related to mitigation issues. 3 Settlement Agreement, §6.5 (emphasis added). 4 49. As an editorial columnist for the Seattle Times commented in May 2006, in reference 5 to the projected total of$140 million for Brightwater mitigation costs, "Depending on which side of 6 the table one is sitting on, it translates as either bribery or extortion." As the editorial columnist went 8 on to state, "Snohomish County whined and wheedled its way into $70 million, or half of the $140 9 million of walking around money disbursed to keep the project on track. From treatment plant to 10 outfall, the largesse covers parks, recreation, land costs, buffers, wetlands, stream restoration, art 11 work and, well, tons of crap." The columnist characterized such expenditures as "wretched excess." 12 50. Although King County may have had an interest in"greasing the skids" for the ,w3 Brightwater project, paying money to Snohomish County for so-called "community mitigation" 14 15 which has nothing to do with addressing true adverse environmental impacts of the project is an 16 improper use of sewer revenues and is unlawful. Including such expenditures in the calculation of 17 sewage disposal rates charged to the plaintiffs and other participants in the County's wastewater 18 treatment system is a clear breach of the sewage disposal contracts. 19 F. Improper Allocation of General Governmental Expenses to the Water Quality Fund 20 51. The revenues and expenses of King County's Wastewater Treatment Division 21 ("WTD") must be accounted for separately from other King County departments and divisions. The 22 23 finances of the Wastewater Treatment Division are managed through a separate fund known as the 24 "Water Quality Fund." As noted above, the use of sewer revenues in the Water Quality Fund is 25 required to be limited to the purposes for which they are pledged. HELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF- 18 > 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 AIL 1 52. As noted above, the monthly sewage disposal rate charged by WTD to plaintiffs and 2 the participant defendants is limited by contract to WTD's estimated annual monetary requirements 3 for"disposal of sewage." Rather than restricting the use of sewer revenues for these limited 4 purposes, King County has improperly used the Water Quality Fund for expenses of activities or 5 functions other than sewage disposal, including payments to other departments of county government 6 7 and payments for general government expenses. These improper payments have resulted in higher 8 sewage disposal rates for plaintiffs and the participant defendants. 9 53. King County is audited by the Washington State Auditor on an annual basis; however, 10 the state Auditor does not audit every portion of the County's financial activities during each audit. 11 In the most recent audit report(No. 69606) on the Water Quality Fund, dated September 27, 2005, 12 the Auditor found that: 13 From January 1, 2004 through August 31, 2005, the County allocated approximately 14 $1,997,000 in governmental costs to its water quality fund, which is financed by user 15 fees. Those fees may only be used only for the benefit of the wastewater system, which includes wastewater operating expenses, debt service payments on wastewater 16 debt, and capital purchases made for the wastewater system. County policy states overhead will be allocated on the basis of the estimated cost of services provided, but 17 the County cannot demonstrate how these services benefit the water quality fund's operations. The County therefore cannot use these fees to pay for general government 18 costs. 19 (Report at 11). The Auditor's report stated that the cause of the problem was that"The County 20 allocates costs to funds without considering the restricted revenues that finance those funds, or 21 whether allocated costs correspond with services rendered to those funds." Id. The Auditor 22 23 described the effect of the County's improper allocation practices as follows: "When restricted 24 revenues are used for unauthorized purposes, taxpayers and ratepayers do not receive the full 25 intended benefit of those revenues. In addition, future user fees for some funds will be higher than HELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF- 19 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 "Nroe 1 they should be." Id. 2 54. In its response to the Auditor's finding, the County stated that "Reevaluation of the 3 county's cost allocation plans will be a major undertaking and will require some time to accomplish 4 effectively,"but promised that"the Office of Management and Budget will begin work immediately 5 with the Financial Management Section and the King County Prosecuting Attorney and will make 6 appropriate allocation changes as early as possible." (Auditor Report at 12). However, little if any 8 progress has been made toward correcting the County's illegal allocation practices. On April 13, 9 2007 the County's Director of Management and Budget, in responding to inquiries about what was 10 being done on the issue, wrote in an email to key personnel on the County's executive staff, 11 Unless there have been specific questions raised by either Councilmembers or Council 12 staff on this issue, this is a dog that should be left sleeping. I see no reason to respond to this unless there is a question. Responding only keeps it alive and it should be on 3 the Council or council staff to raise the question—not for us to keep it alive. 14 (Emphasis added). 15 55. In addition to the Auditor's findings of improper use of the Water Quality Fund for 16 general governmental expenses, another example of an improper allocation is King County's 17 environmental laboratory which will cost an estimated $7.55 million to operate in 2008 and is 18 19 financed entirely by WTD, even though the lab is within the Water and Land Resources Division and 20 serves non-WTD purposes. 21 56. King County acted unlawfully and breached the sewage disposal contracts with 22 plaintiffs and the participant defendants by including costs not related to sewage disposal in 23 calculating the sewage disposal charges. 24 75 fin►' HELSELL FETTERMAN COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF-20 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 G. Improper Use of Water Quality Fund for Financing Culver Fund Projects 2 57. Since 1988, King County has improperly charged WTD for monies spent to finance 3 the so-called "Culver Fund," named after a former mayor of Issaquah who headed a committee 4 formed to look into the amount of money that Metro was spending on activities not directly related to 5 sewage treatment. 6 58. The monies in the Culver Fund are used for projects unrelated to sewage disposal, 7 8 including projects "earmarked"or promoted by individual King County Council members to, in the 9 County's own words, fund"pet projects" for Councilmembers. Typically the Culver Fund is used to 10 pay for surface water related projects, completely unrelated to sewage disposal and ineligible to be 11 funded by sewer revenues. 12 59. An example of a recipient of Culver Funds is "Friends of Hylebos Creek." Hylebos 13 Creek is located entirely outside of WTD's service area-- it does not even drain into the WTD 14 15 service area. The group "Friends of Hylebos Creek"has received almost $500,000 in Culver Funds 16 since 2002. In July 2003 a county employee wrote about another multi-year recipient of Culver 17 Funds, Earthcorps, "We checked the earth corps work and they do virtually nothing for wastewater. I 18 see this as a real problem, if someone starts to look into it." Earthcorps has received over$700,000 19 in Culver Funds. 20 60. The amounts allocated to Culver Fund projects are unlawfully passed through to the 21 plaintiffs and the participant defendants by the County through the sewage disposal rates. These 22 improper allocations and expenditures have cost the Water Quality Fund approximately$1.2 million 23 24 to $1.5 million per _year, and are projected to increase to $2 million per year by 2012. Such use of 25 sewer revenues ignores the restricted purpose for which funds paid to WTD may be used, and using HELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF-21 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 °44✓ 1 the Water Quality Fund to finance the Culver Fund projects violates the terms of the sewage disposal 2 contracts. 3 H. Improper Use of Sewer Revenues for Payments to StockPot Soups 4 61. StockPot Soups, Inc., a wholly owned subsidiary of Campbell Soups, operated a plant 5 in Snohomish County near the site of the proposed Brightwater plant. StockPot decided that"the 6 proximity of the wastewater facility [was] inconsistent with the company's desired product image"- 7 8 this despite the fact that the company had been cited numerous times itself for air quality violations 9 and had received hundreds of complaints from neighbors about odors from its plant(particularly on 10 days when the plant was making onion soup). 11 62. Although King County had decided that it did not need the StockPot property or 12 facilities for its Brightwater plaint, StockPot threatened to relocate out of the area(and take the 250 jobs at the plant with it) if King County did not buy it out. Under pressure, King County reached an 14 15 agreement with StockPot in April 2005 under which the County would pay StockPot up to $7.28 16 million for its facilities and an additional $16.17 million for relocation, replacement and 17 reestablishment expenses if StockPot relocated to another site within the Puget Sound area. The goal 18 of the additional payment, in the words of the King County Executive, was to "provide incentives to 19 support StockPot staying in our region rather than moving out of state." Besides relocation 20 incentives, StockPot will also be eligible to receive up to $2 million from the"job retention program" 21 that is part of the Brightwater mitigation budget. 22 23 63. The County is authorized to pay actual relocation expenses to certain businesses 24 (RCW Ch. 8.26), but the blanket $16.17 million payment to StockPot was improper to the extent it 25 exceeded actual relocation costs. In addition, paying a private company in order to save the jobs of H ELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF-22 - •. •»• 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 hundreds of workers, even if it is otherwise lawful and commendable, may serve a general 2 governmental purpose but it does not serve a sewage disposal purpose. Therefore, it was improper 3 for the County to fund the additional $16.17 million payment to StockPot from the Water Quality 4 Fund, rather than from the County's general fund or some other fund of the County. 5 64. In addition, since the County did not need the StockPot property for the Brightwater 6 project, the $7.28 million payment for the StockPot facilities was also improper because it was paid 8 for out of the Water Quality Fund, rather than from County's general fund or some other fund of the 9 County. 10 65. The real property on which the StockPot plant was located was owned by another 11 party, Woodinville North One, LLC. The County purchased the real property from Woodinville 12 North One in January 2005 utilizing funds from the Water Quality Fund; however, since the property 13 was not needed for the Brightwater project, and was purchased only because StockPot had 14 15 complained that it did not want to operate next to a sewage treatment plant, using WTD funds rather 16 than the general fund or some other fund of the County to purchase that property was unlawful. 17 I. King County's Lack of Authority to Engage in the Business of Distributing and Selling Reclaimed Water 18 19 66. King County is spending or planning to spend at least$127 million on the design and 20 construction of infrastructure for the distribution and sale of reclaimed water from Brightwater. 21 Phase 1, referred to as the "backbone" of the reclaimed water distribution system, was anticipated to 22 cost $26 million in 2005. Phase 2 (pump station) was anticipated to cost $13 million, and phase 3 23 (distribution lines to carry the water to the end customers) was projected to cost $88 million (all 24 based on 2005 estimates). 25 H ELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF-23 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 67. The King County Code defines "wastewater system" to include"production of 2 reclaimed water." KCC 28.86.010.X(emphasis added). That definition does not include 3 "distribution" or"sale" of reclaimed water as part of a wastewater system. Distribution and sale of 4 water, whether potable or not, and whether reclaimed or not, is a different line of business from 5 sewage disposal, and expenses incurred for the purpose of distributing and selling reclaimed water do 6 not constitute sewage disposal expenses within the meaning of the sewage disposal contracts and 8 other legal restrictions on the use of sewer revenues. Including such expenses in the calculation of 9 sewage disposal charges is a breach of the sewage disposal contracts. 10 68. One of the functions authorized under the Metro statute is "metropolitan water 11 supply." RCW 35.58.050(2). However, in order for a metropolitan municipal corporation to engage 12 in a new function, such as water supply, a majority of voters must first approve it. RCW 35.58.100. The voters of King County have never approved Metro or the County to operate a water supply 14 15 system, either under Metro authority or otherwise. 16 69. Under RCW ch. 36.94 (Sewerage, Water and Drainage Systems), a county may 17 construct, operate and maintain a water system. RCW 36.94.020. However, the statute requires the 18 county to first adopt a"water general plan" as an element of the County Comprehensive Plan. RCW 19 36.94.030. 20 70. If a county wishes to adopt a water system plan, it must submit the plan to a review 21 committee, which has ninety days to provide suggested amendments or approval of the plan. RCW 22 23 36.94.070. The county is then required to hold a public hearing prior to adoption of the plan. RCW 24 36.94.080. 95 HELSELL FETTEfMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF-24 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 �rrr�► 1 71. Prior to commencement of actual work on any approved plan, the county must submit 2 the plan for written approval by the state Department of Social and Health Services ("DSHS") and 3 the state Department of Ecology("DOE"). RCW 36.94.100. 4 72. To the extent King County is proposing to serve reclaimed water within the 5 boundaries of a municipal corporation which itself has the authority to operate a water utility, the 6 7 municipal corporation must first give its written consent to the County and the County must submit 8 its proposal for review by the Boundary Review Board. RCW 36.94.170. 9 73. King County has commenced work on a reclaimed water system for the purpose of 10 distributing and selling such water without preparing a water system plan, without submitting any 11 such plan to a review committee, without holding a public hearing, without seeking approval from 12 DSHS and DOE, without obtaining written approval from municipal corporations within which such 13 water will be served, and without submitting its proposal for review by the Boundary Review Board. 14 15 74. Actions taken by King County towards design, construction and operation of a 16 reclaimed water system are therefore ultra vires and illegal. 17 75. Expenditures made from the Water Quality Fund towards a reclaimed water system 18 are unlawful, and including such expenditures or costs in calculating sewage disposal charges is a 19 breach of the sewage disposal contracts. 20 IV. King County Has Violated Its Trust Responsibilities 21 76. As noted above, sewer revenues are pledged to be used only for sewage disposal 22 purposes, and under King County Charter § 230.10.10 are"never" to be used for another purpose. 23 24 77. King County stands in the position of a trustee for the plaintiffs and the participant 25 defendants with respect to the use of sewer revenues in the Water Quality Fund, and the County is ElELSELL F ETTE RMAN COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF-25 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 • 1 liable to them for the wrongful diversion of monies from the Fund. 2 78. King County's diversion of at least $70 million to Snohomish County for so-called 3 "community mitigation" was not for lawful sewage disposal purposes but was to placate Snohomish 4 County. This was a violation not only of King County's contractual and other legal responsibilities 5 but also of its fiduciary duty, and it is liable to all of its wastewater customers, including plaintiffs 6 and the participant defendants, for such diversions. Similarly, King County's improper allocation of 8 general government expenses to the Water Quality Fund, its improper uses of the Water Quality Fund 9 to finance Culver Projects, its improper payments to StockPot Soups and to purchase the StockPot 10 facilities and site, and its improper expenditures in connection with preparations for the unauthorized 11 distribution and sale of reclaimed water were likewise breaches of contract and of its fiduciary duty. 12 V. Breaches of Contract and Violations of Law at,.3 79. King County's acts and conduct described above constitute breaches of the sewage 14 15 disposal contracts insofar as costs other than sewage disposal costs have been included in calculating 16 sewage disposal charges. Those breaches have resulted in wrongfully inflated sewage disposal 17 charges imposed upon and paid by the plaintiffs and the participant defendants and have damaged 18 them in amounts to be established at trial. 19 80. King County's acts and conduct described above constitute violations of King County 20 Charter § 230.10.10, King County Code 28.86.160.C.1.FP-10, King County sewer bond ordinances 21 and official statements, and RCW 43.09.210, all of which require that sewer revenues and the Water 22 Quality Fund be used only for sewage disposal purposes. The County's acts and conduct also violate 23 24 the other provisions of law described above and the basic principle of municipal law that the funds of 25 a proprietary municipal utility must be used for authorized utility purposes and not for general HELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF-26 - 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 governmental or other non-utility purposes. Those violations of law have resulted in wrongfully 2 inflated sewage disposal charges imposed upon and paid by the plaintiffs and the participant 3 defendants and have damaged them in amounts to be established at trial, and in the improper 4 diminution of funds held in the Water Quality Fund for the benefit of WTD ratepayers and 5 customers, including the plaintiffs and the participant defendants. 6 7 VI. Declaratory, Injunctive and Monetary Remedies 8 81. There is an actual, present and existing dispute between the plaintiffs and King County 9 concerning: (a) the legality of Brightwater"community mitigation" payments to Snohomish County; 10 (b) King County's use of sewer revenues and the Water Quality Fund for general governmental or 11 other purposes unrelated to sewage disposal, and for payments to private companies to purchase land 12 and facilities when they were not needed for Brightwater use including additional incentive payments 13 made to encourage retention of the StockPot business in the local area; (c) the legality of King 14 15 County's funding of Culver Fund projects with sewer revenues from the Water Quality Fund; and(d) 16 the authority of King County to spend sewer revenues or other monies from the Water Quality Fund 17 on costs of a reclaimed water utility. Accordingly, plaintiffs are entitled to declaratory relief on these 18 matters. 19 82. With respect to past expenditures and calculation of sewage disposal charges, King 20 County has caused WTD to incur expenses that should not have been borne by WTD or its 21 customers (including plaintiffs and the participant defendants), and have unlawfully caused the 22 customers to incur and pay overcharges for sewage disposal service. These sums should be returned 23 24 to the Water Quality Fund and from the Water Quality Fund to the plaintiffs and participant 25 defendants. HELSELL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF-27 - -. 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 'w 1 83. With respect to future expenditures and calculation of future sewage disposal charges, 2 plaintiffs have no adequate remedy at law and are entitled to injunctive relief as to the matters 3 described above. 4 WHEREFORE, plaintiffs pray for judgment against King County(and, insofar as their 5 interests may appear, the other defendants), as follows: 6 7 1. Declaring that the payments made from the Water Quality Fund for improper 8 "community mitigation" expenses unrelated to adverse environmental impacts of Brightwater breach the 9 sewage disposal contracts between the County and the plaintiffs and other participants, violate state law 10 and the County's own charter and ordinances, and are beyond the authority of King County to make; 11 2. Requiring King County to return to the Water Quality Fund all illegal"community 12 mitigation"payments made within the last six years; 3 3. Requiring the Water Quality Fund to reimburse plaintiffs and the participant defendants 14 for excessive sewage disposal charges incurred and paid for the past six years because of such illegal 15 16 "community mitigation"payments; 17 4. Enjoining King County from making any further improper"community mitigation" 18 payments to Snohomish County; 19 5. Declaring that the allocations made from the Water Quality Fund for expenditures or 20 purposes other than sewage disposal, including, but not limited to, general governmental expenses, the 21 County's environmental lab, Culver Fund projects, and the land, facility and relocation payments for 22 StockPot Soups, breach the contracts between King County and the plaintiffs and participant defendants 23 24 and are beyond the authority of King County to make; 25 6. Requiring King County to return to the Water Quality Fund all illegal payments made for HELSE LL FETTERMAN COMPLAINT FOR DECLARATORY,INJUNCTIVE AND OTHER RELIEF-28 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 1 purposes other than sewage disposal within the past six years; 2 7. Requiring the Water Quality Fund to reimburse plaintiffs and participant defendants for 3 excessive sewer rates charged for the past six years because of such illegal allocations; 4 8. Enjoining King County from making any further improper allocations from the Water 5 Quality Fund to King County for purposes other than sewage disposal; 6 7 9. Declaring that King County is not authorized to make expenditures from sewer revenues, 8 the Water Quality Fund or any other fund on design, construction or operation of infrastructure for the 9 distribution and sale of reclaimed water; 10 10. Requiring King County to return to the Water Quality Fund all money spent on design or 11 construction of infrastructure to distribute or sell reclaimed water; 12 11. Enjoining King County from spending any future monies from the Water Quality Fund 13 on infrastructure for the distribution or sale of reclaimed water; 14 15 12. Awarding plaintiffs and their attorneys, out of any common fund created or preserved for 16 the benefit of the County's wastewater system participants as a result of their efforts, reasonable attorney 17 fees, expenses and costs incurred in this action; and 18 13. Awarding plaintiffs such other and further legal and equitable relief as may be just and 19 proper. 20 Dated this 6th day of August, 2008. 21 HELSE FETTERMAN LLP 22 23 By ;1ff &-eLL' � 24 David F. Jure./ SBA #2015 Attorneys for Plr ntiffs 25 HELSELL FETTEEZMAN COMPLAINT FOR DECLARATORY, INJUNCTIVE AND OTHER RELIEF-29 1001 Fourth Avenue,Suite 4200 Seattle,WA 98154 (206)292-1144 E-FILED IN COUNTY CLERK'S OFFICE IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON PIERCE COUNTY,WASHINGTON IN AND FOR PIERCE COUNTY August 06 2008 11 58 AM No. 08-2-1 1 167-4 KEVIN STOCK COUNTY CLERK ORDER SETTING CASE SCHEDULE 611Y'T OF REN 1Oii Type of case: COM Estimated Trial(days): 45 AUG 2 2008 Track Assignment: Complex Assignment Department: 15 RECEIVED ,IT`!CLERK'S OFFICE Docket Code: ORSCS Confirmation of Service 9/17/2008 Confirmation of Joinder of Parties,Claims and Defenses 2/4/2009 Jury Demand 2/11/2009 Set Settlement Conference Date with Judge/Commissioner FREDERICK W FLEMING 3/18/2009 Status Conference(Contact Court for Specific Date) Week of 3/18'2009 Plaintiffs Disclosure of Primary Witnesses 4/29/2009 Defendant's Disclosure of Primary Witnesses 5/27/2009 Disclosure of Rebuttal Witnesses 9/9'2009 Deadline for Filing Motion to Adjust Trial Date 9/30/2009 Discovery Cutoff 11/18/2009 Exchange of Witness and Exhibit Lists and Documentary Exhibits 12/9/2009 Deadline for Hearing Dispositive Pretrial Motions 12/23/2009 loint Statement of Evidence 12/23/2009 Settlement Conference(To be held) Week of 12/23/2009 Pretrial Conference(Contact Court for Specific Date) Week of 1/13/2010 Trial 2/3/2010 9:00 Unless otherwise instructed, ALL Attorneys/Parties shall report to the trial court at 9:00 AM on the date of trial. NOTICE TO PLAINTIFF/PETITIONER If the ease has been filed, the plaintiff shall serve a copy of the Case Schedule on the defendant(s)with the summons and complaint/petition: Provided that in those cases where service is by publication the plaintiff shall ser\e the Case Schedule within five(5) court days of service of the defendant's first response/appearance. If the case has not been filed,but an initial pleading is served,the Case Schedule shall he served within five(5)court days of filing. See PCLR 1. NOTICE TO ALL PARTIES All attorneys and parties shall make themselves familiar with the Pierce County Local Rules,particularly those relating to case scheduling. Compliance with the scheduling rules is mandatory and failure to comply shall result in sanctions appropriate to the violation. If a statement of arbitrability is filed,PCLR 1 does not apply while the case is in arbitration. Dated: August 6, 2008 Judge THOMAS J. FELNAGLE Department IS CITY OF RENTON COUNCIL AGENDA BILL I AI II: (Pejo Submitting Data: For Agenda of: Le Dept/Div/Board.. AJLS/City Clerk August 18, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on August 12, 2008, for CAG-08-115, Correspondence.. Dayton Ave. NE / NE 22nd St. Drainage Improvement Ordinance Project Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet (15 bids) Information Recommended Action: Approvals: Legal Dept Council concur Finance Dept Other Fiscal Impact: Expenditure Required... $162,990.00 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $300,000 City Share Total Project.. I SUMMARY OF ACTION: Engineer's Estimate: $195,032.61 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities with the low bid. Therefore, staff recommends acceptance of the low bid submitted by Pivetta Brothers Construction, Inc. in the amount of $162,990.00. STAFF RECOMMENDATION: Accept the low bid submitted by Pivetta Brothers Construction, Inc. in the amount of $162,990.00. fcY ... • a ®�, PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: August 13, 2008 TO: Bonnie Walton, City Clerk FROM: Daniel Carey, Surface Water Utility Engineer (ext. 7293) SUBJECT: Dayton Ave NE/NE 22nd St Drainage Improvement Project, SWP-27-3296, Construction Bid Award Recommendation The bid opening for the Dayton Ave NE /NE 22nd St Drainage Improvement project, SWP-27-3296, was held on August 12, 2008, at 2:30 p.m. Fifteen (15) bids were received. The low bid for the project was $162,990.00 (including sales tax) from Pivetta Brothers Construction. The engineer's estimate for the project construction cost was $195,032.61. The Surface Water Utility reviewed the low bid for completeness, inclusion of all required forms, bid bond, acknowledgments of addenda, and mathematical correctness of the bid. All the paperwork for the low hid is in order. Now The following bidders had minor multiplication, addition, or rounding errors in some of their bid items. 1 corrected the minor errors and recalculated the hid totals. The minor changes in bid totals did not change the bid results. Evergreen Landscape & Construction changed from $188,818.00 to $188,858.00, Juhl Development, LLC changed from $199,505.00 to $197,692.02, and Construct Co. changed from $205,192.00 to $211,192.00. Nor Tec Construction wrote in different amounts for many of their Unit Prices in words and their Unit Prices in numbers. For example, in bid item #8 Nor Tec wrote in '`Six Thousand and no/100" for the Unit Price in words, "$500" for the Unit Price in numbers, and "$6000- for the bid item amount in numbers. In cases of conflict between Unit Prices the written word for the unit bid prices shall govern. When the written word unit prices were used to recalculate the bid, Nor Tee's bid changed from $193,564.00 to $53,136,466.60. The Not Tec bid went from apparent sixth place to last place. The approved Surface Water Utility 2008 Capital Improvements Program (CIP) budget for the Dayton Ave NE /NE 22nd St Drainage Improvement project is $300.00() (account # 427. 018.5960.0038.63.U65450). There is currently $230,000 of unencumbered funds in the project budget. There are sufficient funds in the 2008 Walton/Dayton Ave/NE 22nd Storm System Bid Award August 13,2008 Page 2 of 2 Capital Improvements Program (CIP) budget account to fund construction and staff costs for the Dayton Ave NE /NE 22nd St Drainage Improvement project. The low bid meets the following conditions for award: 1. The low bid must be within the total project budget; 2. There must be more than one bidder; and 3. The lowest, responsible, responsive bid contains no significant irregularities. The Surface Water Utility, therefore, recommends that this item be placed on the August 18, 2008, consent agenda for Council concur. Staff further recommends that Council award the construction contract to the lowest responsive, responsible bidder, Pivetta Brothers Construction, for the amount of$162,990.00. Attached for your reference, is the bid tabulation showing the engineer's estimate, the low bid, and the other bids submitted. I am also returning all the bid envelopes, and the bid documents from the other bidders to you for the City Clerk's files. Please contact me, if you have any questions. Attachments cc: Gregg Zimmerman, PW Administrator Lys Hornsby, Utility Systems Division Director Ron Straka, Surface Water Utility Supervisor H:\File Sys\SWP-Surface Water Projects\SWP-27 - Surface Water Projects(CIP)\27-3296 Dayton Ave NE 22nd St\1000 Correspondence\080813 FINAL Bid Award-Clerk-Dayton.doc\DCtp i Project: Dayton Ave NE/NE 22nd St Drainage Improvement Project Pivetta Brothers Bid Date: August 12, 2008 Engineers Estimate Construction, Inc. '41 Item Unit Est. Unit Bid Unit Bid No. Description Quantity Price Amount Price Amount 1 Mobilization Lump Sum 1 16,103.61 16,103.61 10,500.00 10,500.00 2 Construction Survey, Staking, and As- Lump Sum 1 5,000.00 5,000.00 5,850.00 5,850.00 3 Traffic Control Lump Sum 1 3,000.00 3,000.00 1,500.00 1,500.00 4 Temp. Erosion and Sediment Control Lump Sum 1 2,000.00 2,000.00 1,750.00 1,750.00 5 Trench Excavation Safety Systems Lump Sum 1 1,500.00 1,500.00 500.00 500.00 6 Temporary Stormwater Bypass Lump Sum 1 1,000.00 1,000.00 5,000.00 5,000.00 7 Pothole Utility Each 3 600.00 1,800.00 265.00 795.00 8 Remove, Dispose Fir Tree Each 4 1,750.00 7,000.00 1,150.00 4,600.00 9 Remove, Dispose Other Trees Each 8 800.00 6,400.00 750.00 6,000.00 10 Remove Landscaping Lump Sum 1 3,000.00 3,000.00 1,500.00 1,500.00 11 Remove Structures and Obstructions Lump Sum 1 2,000.00 2,000.00 5,000.00 5,000.00 12 Remove, Dispose 6-Ft Wood Fence Linear Foot 192 9.00 1,728.00 8.50 1,632.00 13 Temporary 6-Ft Chain Link Fence Linear Foot 102 8.00 816.00 4.00 408.00 14 Remove, Rebuild Pump House Lump Sum 1 15,000.00 15,000.00 2,250.00 2,250.00 15 Install Side Sewer for Pump House Lump Sum 1 2,000.00 2,000.00 1,250.00 1,250.00 16 Catch Basin Type I w/Open Curb Fac Each 1 1,500.00 1,500.00 750.00 750.00 17 Catch Basin Type IL Each 6 2,000.00 12,000.00 950.00 5,700.00 18 Concrete Inlet w/Open Curb Face Ink Each 1 1,300.00 1,300.00 600.00 600.00 19 Catch Basin Type II,48-inch Each 4 3,100.00 12,400.00 2,450.00 9,800.00 20 Connect New CB to Existing Storm Lir Each 2 600.00 1,200.00 750.00 1,500.00 `411100` `' ` 21 12-inch CPE Storm Pipe Linear Foot 604 65.00 39,260.00 40.00 24,160.00 22 Import Trench Backfill Ton 300 28.00 8,400.00 20.00 6,000.00 23 Quarry Spalls Ton 20 60.00 1,200.00 30.00 600.00 24 Sawcutting Linear Foot 1,300 1.25 1,625.00 4.00 5,200.00 25 Crushed Surfacing Ton 60 45.00 2,700.00 30.00 1,800.00 26 Hot Mix Asphalt(HMA) Class 1/2" Ton 80 140.00 11,200.00 198.00 15,840.00 27 Remove Asphalt Pavement Square Yard 40 15.00 600.00 15.00 600.00 28 Replace Cement Conc. Curb and Guti Linear Foot 12 60.00 720.00 30.00 360.00 29 Replace Cement Concrete Sidewalk Square Yard 7 120.00 840.00 75.00 525.00 30 Replace Monument in Case Each 1 1,500.00 1,500.00 330.00 330.00 31 Install New 6-Foot Wood Fence Linear Foot 192 32.00 6,144.00 30.00 5,760.00 32 Repair, Build Rockeries Lump Sum 1 2,000.00 2,000.00 1,000.00 1,000.00 33 Restore Landscaping Lump Sum 1 5,000.00 5,000.00 10,000.00 10,000.00 34 Install New Trees Each 13 200.00 2,600.00 650.00 8,450.00 35 Beauty Bark Cubic Yard 8 62.00 496.00 60.00 480.00 36 Topsoil Type C Cubic Yard 100 52.00 5,200.00 60.00 6,000.00 37 Sod Installation Square Yard 400 12.00 4,800.00 12.50 5,000.00 38 Minor Changes Lump Sum 1 4,000.00 4,000.00 4,000.00 4,000.00 Subtotal $195,032.61 Subtotal $162,990.00 Sales Tax Rule 171 Applies(0%) Tax $0.00 Tax $0.00 BY: 3,0,08 Daniel Carey, Pr ject Manager Total $195,032.61 Total $162,990.00 ti111w' BidTab-FINAL-Dayton-NE22-v22 wBids.XLS Page 1 t Project: Dayton Ave NE/NE 22nd St Drainage Improvement F Archer Construction King Construction Bid Date: August 12, 2008 `'t Item Unit Est. Unit Bid Unit Bid No. Description Quantity Price Amount Price Amount 1 Mobilization Lump Sum 1 17,000.00 17,000.00 8,400.00 8,400.00 2 Construction Survey, Staking, and As- Lump Sum 1 5,200.00 5,200.00 5,000.00 5,000.00 3 Traffic Control Lump Sum 1 12,500.00 12,500.00 1,200.00 1,200.00 4 Temp. Erosion and Sediment Control Lump Sum 1 1,500.00 1,500.00 1,000.00 1,000.00 5 Trench Excavation Safety Systems Lump Sum 1 500.00 500.00 4,000.00 4,000.00 6 Temporary Stormwater Bypass Lump Sum 1 2,200.00 2,200.00 2,000.00 2,000.00 7 Pothole Utility Each 3 450.00 1,350.00 165.00 495.00 8 Remove, Dispose Fir Tree Each 4 550.00 2,200.00 2,000.00 8,000.00 9 Remove, Dispose Other Trees Each 8 650.00 5,200.00 700.00 5,600.00 ............_..... ..................10...................Remove Landscapin9.........._..._................._........_.....•...........•.wLump...Sum...___........•.. .......__• .._2,500:00_............... 2,500...00 2,500.00 2,500.00....._._................_...................._....._.........................._...............•_........•....... 11 Remove Structures and Obstructions Lump Sum 1 2,500.00 2,500.00 1,400.00 1,400.00 12 Remove, Dispose 6-Ft Wood Fence Linear Foot 192 7.00 1,344.00 15.00 2,880.00 13 Temporary 6-Ft Chain Link Fence Linear Foot 102 12.00 1,224.00 12.00 1,224.00 14 Remove, Rebuild Pump House Lump Sum 1 12,500.00 12,500.00 9,500.00 9,500.00 15 Install Side Sewer for Pump House Lump Sum 1 1,500.00 1,500.00 925.00 925.00 16 Catch Basin Type I w/Open Curb Fac Each 1 980.00 980.00 2,000.00 2,000.00 17 Catch Basin Type IL Each 6 1,080.00 6,480.00 2,500.00 15,000.00 18 Concrete Inlet w/Open Curb Face Ink Each 1 950.00 950.00 1,550.00 1,550.00 19 Catch Basin Type II, 48-inch Each 4 2,900.00 11,600.00 4,000.00 16,000.00 20 Connect New CB to Existing Storm Lir Each 2 850.00 1,700.00 220.00 440.00 21 12-inch CPE Storm Pipe Linear Foot 604 48.00 28,992.00 97.50 58,890.00 22 Import Trench Backfill Ton 300 16.00 4,800.00 5.00 1,500.00 23 Quarry Spalls Ton 20 35.00 700.00 10.00 200.00 24 Sawcutting Linear Foot 1,300 4.00 5,200.00 0.10 130.00 25 Crushed Surfacing Ton 60 25.00 1,500.00 8.00 480.00 26 Hot Mix Asphalt(HMA) Class 1/2" Ton 80 185.00 14,800.00 110.00 8,800.00 27 Remove Asphalt Pavement Square Yard 40 30.00 1,200.00 1.00 40.00 28 Replace Cement Conc. Curb and Gutt Linear Foot 12 50.00 600.00 100.00 1,200.00 29 Replace Cement Concrete Sidewalk Square Yard 7 140.00 980.00 60.00 420.00 30 Replace Monument in Case Each 1 350.00 350.00 360.00 360.00 31 Install New 6-Foot Wood Fence Linear Foot 192 35.00 6,720.00 50.00 9,600.00 32 Repair, Build Rockeries Lump Sum 1 2,500.00 2,500.00 1,265.00 1,265.00 33 Restore Landscaping Lump Sum 1 2,500.00 2,500.00 3,300.00 3,300.00 34 Install New Trees Each 13 120.00 1,560.00 250.00 3,250.00 35 Beauty Bark Cubic Yard 8 35.00 280.00 46.00 368.00 36 Topsoil Type C Cubic Yard 100 30.00 3,000.00 10.00 1,000.00 37 Sod Installation Square Yard 400 8.00 3,200.00 8.00 3,200.00 38 Minor Changes Lump Sum 1 4,000.00 4,000.00 4,000.00 4,000.00 Subtotal $173,810.00 Subtotal $187,117.00 / Sales Tax Rule 171 Applies(0%) Tax $0.00 Tax $0.00 By: DV Daniel Carey, Project Manager Total $173,810.00 Total $187,117.00 4,4040 BidTab-FINAL-Dayton-NE22-v22 wBids.XLS Page 2 1 Project: Dayton Ave NE/ NE 22nd St Drainage Improvement F Precision Laser Underground Rid Date: August 12, 2008 Earthworks, Inc. &Earthworks, Inc. err Item Unit Est. Unit Bid Unit Bid No. Description Quantity Price Amount Price Amount 1 Mobilization Lump Sum 1 12,500.00 12,500.00 15,000.00 15,000.00 2 Construction Survey, Staking, and As- Lump Sum 1 5,160.00 5,160.00 7,500.00 7,500.00 3 Traffic Control Lump Sum 1 5,600.00 5,600.00 1,500.00 1,500.00 4 Temp. Erosion and Sediment Control Lump Sum 1 3,400.00 3,400.00 1,500.00 1,500.00 5 Trench Excavation Safety Systems Lump Sum 1 840.00 840.00 5,000.00 5,000.00 6 Temporary Stormwater Bypass Lump Sum 1 2,810.00 2,810.00 5,000.00 5,000.00 7 Pothole Utility Each 3 750.00 2,250.00 800.00 2,400.00 8 Remove, Dispose Fir Tree Each 4 1,180.00 4,720.00 500.00 2,000.00 9 Remove, Dispose Other Trees Each 8 505.00 4,040.00 400.00 3,200.00 10 Remove Landscaping Lump Sum 1 1,855.00 1,855.00 3,500.00 3,500.00 11 Remove Structures and Obstructions Lump Sum 1 2,100.00 2,100.00 3,000.00 3,000.00 12 Remove, Dispose 6-Ft Wood Fence Linear Foot 192 5.50 1,056.00 10.00 1,920.00 13 Temporary 6-Ft Chain Link Fence Linear Foot 102 3.50 357.00 5.00 510.00 14 Remove, Rebuild Pump House Lump Sum 1 24,600.00 24,600.00 20,000.00 20,000.00 15 Install Side Sewer for Pump House Lump Sum 1 1,230.00 1,230.00 2,500.00 2,500.00 16 Catch Basin Type I w/Open Curb Fac Each 1 1,490.00 1,490.00 1,500.00 1,500.00 17 Catch Basin Type IL Each 6 1,630.00 9,780.00 1,500.00 9,000.00 18 Concrete Inlet w/Open Curb Face Ink Each 1 1,390.00 1,390.00 1,250.00 1,250.00 19 Catch Basin Type II,48-inch Each 4 2,410.00 9,640.00 3,000.00 12,000.00 20 Connect New CB to Existing Storm Lir Each 2 795.00 1,590.00 1,000.00 2,000.00 Nrnille 21 12-inch CPE Storm Pipe Linear Foot 604 38.00 22,952.00 50.00 30,200.00 22 Import Trench Backfill Ton 300 49.00 14,700.00 5.00 1,500.00 23 Quarry Spalls Ton 20 49.00 980.00 50.00 1,000.00 24 Sawcutting Linear Foot 1,300 3.00 3,900.00 2.00 2,600.00 25 Crushed Surfacing Ton 60 49.00 2,940.00 40.00 2,400.00 26 Hot Mix Asphalt(HMA)Class 1/2" Ton 80 160.00 12,800.00 250.00 20,000.00 27 Remove Asphalt Pavement Square Yard 40 16.50 660.00 10.00 400.00 28 Replace Cement Conc. Curb and Guti Linear Foot 12 56.00 672.00 80.00 960.00 29 Replace Cement Concrete Sidewalk Square Yard 7 84.00 588.00 100.00 700.00 30 Replace Monument in Case Each 1........... 430.00 430.00 750.00 750.00 31 Install New 6-Foot Wood Fence Linear Foot 192 36.50 7,008.00 20.00 3,840.00 32 Repair, Build Rockeries Lump Sum 1 2,831.00 2,831.00 2,500.00 2,500.00 33 Restore Landscaping Lump Sum 1 5,220.00 5,220.00 3,500.00 3,500.00 34 Install New Trees Each 13 323.00 4,199.00 300.00 3,900.00 35 Beauty Bark Cubic Yard 8 54.00 432.00 50.00 400.00 36 Topsoil Type C Cubic Yard 100 36.00 3,600.00 26.79 2,679.00 37 Sod Installation Square Yard 400 7.85 3,140.00 18.00 7,200.00 38 Minor Changes Lump Sum 1 4,000.00 4,000.00 4,000.00 4,000.00 Subtotal $187,460.00 Subtotal $188,809.00 Sales Tax Rule 171 Applies(0%) Tax $0.00 Tax $0.00 By: \C/ Daniel Carey, Project Manager I Total $187,460.00 Total $188,809.00 ''ern" BidTab-FINAL-Dayton-NE22-v22 wBids.XLS Page 3 • t Project: Dayton Ave NE/ NE 22nd St Drainage Improvement Evergreen Landscape Tri-State Construction, Inc. Bid Date: August 12, 2008 &Construction Item Unit Est. Unit Bid Unit Bid No. Description Quantity Price Amount Price Amount 1 Mobilization Lump Sum 1 ttttlt1F#ittfft 10,000.00 19,000.00 19,000.00 2 Construction Survey, Staking, and As- Lump Sum 1 8,000.00 8,000.00 7,500.00 7,500.00 3 Traffic Control Lump Sum 1 2,000.00 2,000.00 6,000.00 6,000.00 4 Temp. Erosion and Sediment Control Lump Sum 1 2,000.00 2,000.00 10,000.00 10,000.00 5 Trench Excavation Safety Systems Lump Sum 1 4,000.00 4,000.00 7,500.00 7,500.00 6 Temporary Stormwater Bypass Lump Sum 1 5,000.00 5,000.00 7,500.00 7,500.00 7 Pothole Utility Each 3 1,000.00 3,000.00 350.00 1,050.00 8 Remove, Dispose Fir Tree Each 4 800.00 3,200.00 500.00 2,000.00 9 Remove, Dispose Other Trees Each 8 200.00 1,600.00 300.00 2,400.00 10 Remove Landscaping .....................................,..,Lump...Sum.........................1...........,... ..2a000.00 2,000.00 3,000.00 3,000.00..............,,,...............,......,..,..._...._..............._,,..........................,...........__.,..................-.......,.....,...,_............................._..., 11 Remove Structures and Obstructions Lump Sum 1 5,000.00 5,000.00 3,000.00 3,000.00 12 Remove, Dispose 6-Ft Wood Fence Linear Foot 192 4.00 768.00 6.00 1,152.00 13 Temporary 6-Ft Chain Link Fence Linear Foot 102 5.00 510.00 3.00 306.00 14 Remove, Rebuild Pump House Lump Sum 1 4,000.00 4,000.00 16,000.00 16,000.00 15 Install Side Sewer for Pump House Lump Sum 1 3,000.00 3,000.00 1,000.00 1,000.00 16 Catch Basin Type I w/Open Curb Fac Each 1 1,800.00 1,800.00 1,350.00 1,350.00 17 Catch Basin Type IL Each 6 1,200.00 7,200.00 1,500.00 9,000.00 18 Concrete Inlet w/Open Curb Face InIE Each 1 3,000.00 3,000.00 1,300.00 1,300.00 19 Catch Basin Type II,48-inch Each 4 4,500.00 18,000.00 2,450.00 9,800.00 20 Connect New CB to Existing Storm Lir Each 2 2,000.00 4,000.00 1,500.00 3,000.00 21 12-inch CPE Storm Pipe Linear Foot 604 70.00 42,280.00 64.00 38,656.00 22 Import Trench Backfill Ton 300 30.00 9,000.00 21.00 6,300.00 23 Quarry Spalls Ton 20 30.00 600.00 28.00 560.00 24 Sawcutting Linear Foot 1,300 5.00 6,500.00 2.25 2,925.00 25 Crushed Surfacing Ton 60 30.00 1,800.00 26.00 1,560.00 26 Hot Mix Asphalt(HMA)Class 1/2" Ton 80 185.00 14,800.00 165.00 13,200.00 27 Remove Asphalt Pavement Square Yard 40 12.00 480.00 10.00 400.00 28 Replace Cement Conc. Curb and Gut1 Linear Foot 12 60.00 720.00 22.00 264.00 29 Replace Cement Concrete Sidewalk Square Yard 7 100.00 700.00 56.00 392.00 30 Replace Monument in Case Each 1 300.00 300.00 200.00 200.00 31 Install New 6-Foot Wood Fence Linear Foot 192 20.00 3,840.00 35.00 6,720.00 32 Repair, Build Rockeries Lump Sum 1 3,000.00 3,000.00 1,200.00 1,200.00 33 Restore Landscaping Lump Sum 1 2,000.00 2,000.00 1,500.00 1,500.00 34 Install New Trees Each 13 200.00 2,600.00 135.00 1,755.00 35 Beauty Bark Cubic Yard 8 70.00 560.00 50.00 400.00 36 Topsoil Type C Cubic Yard 100 40.00 4,000.00 40.00 4,000.00 37 Sod Installation Square Yard 400 9.00 3,600.00 4.00 1,600.00 38 Minor Changes Lump Sum 1 4,000.00 4,000.00 4,000.00 4,000.00 11 Subtotal $188,858.00 Subtotal $197,490.00 Sales Tax Rule 171 Applies(0%) Tax $0.00 Tax $0.00 By: D+✓ Daniel Carey, Project Manager Total $188,858.00 Total $197,490.00 1Math error,was$188,818.00 BidTab-FINAL-Dayton-NE22-v22 wBids.XLS Page 4 r Project: Dayton Ave NE/NE 22nd St Drainage Improvement F Juhl Development. LLC Rodarte Construction, Inc. Bid Date: August 12,2008 'time Item Unit Est. Unit Bid Unit Bid No. Description Quantity Price Amount Price Amount 1 Mobilization Lump Sum 1 7,000.00 7,000.00 27,000.00 27,000.00 2 Construction Survey, Staking, and As- Lump Sum 1 5,100.00 5,100.00 4,000.00 4,000.00 3 Traffic Control Lump Sum 1 3,000.00 3,000.00 1,500.00 1,500.00 4 Temp. Erosion and Sediment Control Lump Sum 1 4,500.00 4,500.00 2,000.00 2,000.00 5 Trench Excavation Safety Systems Lump Sum 1 5,000.00 5,000.00 1.00 1.00 6 Temporary Stormwater Bypass Lump Sum 1 3,000.00 3,000.00 2,500.00 2,500.00 7 Pothole Utility Each 3 1,000.00 3,000.00 400.00 1,200.00 8 Remove, Dispose Fir Tree Each 4 1,000.00 4,000.00 1,500.00 6,000.00 9 Remove, Dispose Other Trees Each 8 300.00 2,400.00 1,200.00 9,600.00 10 Remove Landscapin9 Lump Sum 1 1,000.00 1,000.00 8,000.00 8,000.00 11 Remove Structures and Obstructions Lump Sum 1 500.00 500.00 2,500.00 2,500.00 12 Remove, Dispose 6-Ft Wood Fence Linear Foot 192 5.69 1,092.48 5.00 960.00 13 Temporary 6-Ft Chain Link Fence Linear Foot 102 24.50 2,499.00 9.00 918.00 14 Remove, Rebuild Pump House Lump Sum 1 15,000.00 15,000.00 19,000.00 19,000.00 15 Install Side Sewer for Pump House Lump Sum 1 4,500.00 4,500.00 3,500.00 3,500.00 16 Catch Basin Type I w/Open Curb Fac Each 1 1,400.00 1,400.00 900.00 900.00 17 Catch Basin Type IL Each 6 1,200.00 7,200.00 1,000.00 6,000.00 18 Concrete Inlet w/Open Curb Face Ink Each 1 750.00 750.00 1,000.00 1,000.00 19 Catch Basin Type II,48-inch Each 4 5,500.00 22,000.00 2,000.00 8,000.00 20 Connect New CB to Existin9 Storm Lir Each 2 3,000.00 6,000.00 1,000.00 2,000.00 21 12-inch CPE Storm Pipe Linear Foot 604 65.00 39,260.00 55.00 33,220.00 22 Import Trench Backfill Ton 300 30.00 9,000.00 20.00 6,000.00 23 Quarry Spalls Ton 20 28.00 560.00 80.00 1,600.00 24 Sawcutting Linear Foot 1,300 1.00 1,300.00 1.00 1,300.00 25 Crushed Surfacing Ton 60 20.00 1,200.00 35.00 2,100.00 26 Hot Mix Asphalt(HMA)Class 1/2" Ton 80 201.30 16,104.00 175.00 14,000.00 27 Remove Asphalt Pavement Square Yard 40 40.00 1,600.00 15.00 600.00 28 Replace Cement Conc. Curb and Gut1 Linear Foot 12 22.00 264.00 75.00 900.00 29 Replace Cement Concrete Sidewalk Square Yard 7 30.00 210.00 200.00 1,400.00 30 Replace Monument in Case Each 1 1,000.00 1,000.00 500.00 500.00 31 Install New 6-Foot Wood Fence Linear Foot 192 35.69 6,852.48 30.00 5,760.00 32 Repair, Build Rockeries Lump Sum 1 1,500.00 1,500.00 2,000.00 2,000.00 33 Restore Landscaping Lump Sum 1 4,000.00 4,000.00 7,000.00 7,000.00 34 Install New Trees Each 13 384.62 5,000.06 900.00 11,700.00 35 Beauty Bark Cubic Yard 8 50.00 400.00 100.00 800.00 36 Topsoil Type C Cubic Yard 100 30.00 3,000.00 60.00 6,000.00 37 Sod Installation Square Yard 400 8.75 3,500.00 7.00 2,800.00 38 Minor Changes Lump Sum 1 4,000.00 4,000.00 4,000.00 4,000.00 Subtotal $197,692.02 Subtotal $208,259.00 Sales Tax Rule 171 Applies(0%) Tax $0.00 Tax $0.00 By: V Daniel Carey, Project Manager II Total $197,692.02 Total $208,259.00 Math errors,was$199,505.00 BidTab-FINAL-Dayton-NE22-v22 wBids.XLS Page 5 t Project: Dayton Ave NE I NE 22nd St Drainage Improvement F Construct Co. Earthwork Enterprises, Inc. Bid Date: August 12, 2008 *41104 Item Unit Est. Unit Bid Bid No. Description Quantity Price Amount Amount 1 Mobilization Lump Sum 1 #4144114141414# 20,000.00 10,000.00 10,000.00 2 Construction Survey, Staking, and As- Lump Sum 1 5,000.00 5,000.00 6,000.00 6,000.00 3 Traffic Control Lump Sum 1 5,000.00 5,000.00 5,000.00 5,000.00 4 Temp. Erosion and Sediment Control Lump Sum 1 6,000.00 6,000.00 2,500.00 2,500.00 5 Trench Excavation Safety Systems Lump Sum 1 8,000.00 8,000.00 2,500.00 2,500.00 6 Temporary Stormwater Bypass Lump Sum 1 12,000.00 2,000.00 2,000.00 7 Pothole Utility Each 3 3,000.00 9,000.00 200.00 600.00 8 Remove, Dispose Fir Tree Each 4 1,000.00 4,000.00 600.00 2,400.00 9 Remove, Dispose Other Trees Each 8 300.00 2,400.00 500.00 4,000.00 10....... Landscaping._..... LumpSum.................... 1 7,000.00 7,000.00 2,000.00 2,000.00 11 Remove Structures and Obstructions Lump Sum 1 5,000.00 5,000.00 5,000.00 5,000.00 12 Remove, Dispose 6-Ft Wood Fence Linear Foot 192 5.00 960.00 5.00 960.00 13 Temporary 6-Ft Chain Link Fence Linear Foot 102 10.00 1,020.00 15.00 1,530.00 14 Remove, Rebuild Pump House Lump Sum 1 14#1444#11# 13,000.00 18,000.00 18,000.00 15 Install Side Sewer for Pump House Lump Sum 1 1,000.00 1,000.00 2,500.00 2,500.00 16 Catch Basin Type I w/Open Curb Fac Each 1 1,000.00 1,000.00 2,500.00 2,500.00 17 Catch Basin Type IL Each 6 1,000.00 6,000.00 3,000.00 18,000.00 18 Concrete Inlet w/Open Curb Face Ink Each 1 1,300.00 1,300.00 1,500.00 1,500.00 19 Catch Basin Type II,48-inch Each 4 2,200.00 8,800.00 5,000.00 20,000.00 ..... ..............................................................._............._........0......00 6,000.0.0 20...................Connect..Ne`^ CB...tO,..Existin ..Storm...Lir...................Each................................ ............... ........400.00 ..... , 21 12-inch CPE Storm Pipe Linear Foot 604 47.00 28,388.00 75.00 45,300.00 22 Import Trench Backfill Ton 300 13.00 3,900.00 30.00 9,000.00 23 Quarry Spalls Ton 20 27.00 540.00 100.00 2,000.00 24 Sawcutting Linear Foot 1,300 1.60 2,080.00 1.00 1,300.00 25 Crushed Surfacing Ton 60 15.00 900.00 50.00 3,000.00 26 Hot Mix Asphalt(HMA) Class 1/2" Ton 80 220.00 17,600.00 200.00 16,000.00 27 Remove Asphalt Pavement Square Yard 40 7.00 280.00 20.00 800.00 28 Replace Cement Conc. Curb and Gut Linear Foot 12 62.00 744.00 100.00 1,200.00 29 Replace Cement Concrete Sidewalk Square Yard 7 100.00 700.00 100.00 700.00 30 Replace Monument in Case Each 1 500.00 500.00 500.00 500.00 31 Install New 6-Foot Wood Fence Linear Foot 192 25.00 4,800.00 50.00 9,600.00 32 Repair, Build Rockeries Lump Sum 1 6,500.00 6,500.00 1,500.00 1,500.00 33 Restore Landscaping Lump Sum 1 tictI444#14144# 13,000.00 5,000.00 5,000.00 34 Install New Trees Each 13 220.00 2,860.00 200.00 2,600.00 35 Beauty Bark Cubic Yard 8 65.00 520.00 50.00 400.00 36 Topsoil Type C Cubic Yard 100 38.00 3,800.00 50.00 5,000.00 37 Sod Installation Square Yard 400 7.00 2,800.00 10.00 4,000.00 38 Minor Changes Lump Sum 1 4,000.00 4,000.00 4,000.00 4,000.00 Subtotal $211,192.00 Subtotal $224,890.00 t� Sales Tax Rule 171 Applies(0%) Tax $0.00 Tax $0.00 By: tl c/ Daniel Carey, Project Manager II Total $211,192.00 Total $224,890.00 *ad Math errors,was$205,192.00 BidTab-FINAL-Dayton-NE22-v22 wBids.XLS Page 6 Project: Dayton Ave NE/ NE 22nd St Drainage Improvement F GMT. Inc. Johansen Excavating Bid Date: August 12, 2008 Item Unit Est. Bid Bid No. Description Quantity Amount Amount 1 Mobilization Lump Sum 1 57,500.00 57,500.00 35,000.00 35,000.00 2 Construction Survey, Staking, and As- Lump Sum 1 8,500.00 8,500.00 9,000.00 9,000.00 3 Traffic Control Lump Sum 1 4,000.00 4,000.00 20,000.00 20,000.00 4 Temp. Erosion and Sediment Control Lump Sum 1 3,000.00 3,000.00 2,200.00 2,200.00 5 Trench Excavation Safety Systems Lump Sum 1 2,000.00 2,000.00 2,000.00 2,000.00 6 Temporary Stormwater Bypass Lump Sum 1 3,000.00 3,000.00 11,000.00 11,000.00 7 Pothole Utility Each 3 800.00 2,400.00 800.00 2,400.00 8 Remove, Dispose Fir Tree Each 4 1,000.00 4,000.00 2,200.00 8,800.00 9 Remove, Dispose Other Trees Each 8 800.00 6,400.00 2,000.00 16,000.00 10 Remove Landscapin9 Lump Sum 1 2,500.00 2,500.00 7,200.00 7,200.00 11 Remove Structures and Obstructions Lump Sum 1 7,500.00 7,500.00 10,000.00 10,000.00 12 Remove, Dispose 6-Ft Wood Fence Linear Foot 192 6.00 1,152.00 11.00 2,112.00 13 Temporary 6-Ft Chain Link Fence Linear Foot 102 10.00 1,020.00 30.00 3,060.00 14 Remove, Rebuild Pump House Lump Sum 1 29,000.00 29,000.00 12,750.00 12,750.00 15 Install Side Sewer for Pump House Lump Sum 1 2,500.00 2,500.00 4,000.00 4,000.00 16 Catch Basin Type I w/Open Curb Fac Each 1 1,200.00 1,200.00 1,300.00 1,300.00 17 Catch Basin Type IL Each 6 1,500.00 9,000.00 1,700.00 10,200.00 18 Concrete Inlet w/Open Curb Face Ink Each 1 1,000.00 1,000.00 1,250.00 1,250.00 19 Catch Basin Type II,48-inch Each 4 3,500.00 14,000.00 4,300.00 17,200.00 20 Connect New CB to Existing Storm Lir Each 2 500.00 1,000.00 1,800.00 3,600.00 W 21 12-inch CPE Storm Pipe Linear Foot 604 38.00 22,952.00 65.00 39,260.00 22 Import Trench Backfill Ton 300 32.00 9,600.00 38.00 11,400.00 23 Quarry Spalls Ton 20 40.00 800.00 30.00 600.00 24 Sawcutting Linear Foot 1,300 4.00 5,200.00 3.75 4,875.00 25 Crushed Surfacing Ton 60 32.00 1,920.00 40.00 2,400.00 26 Hot Mix Asphalt(HMA)Class 1/2" Ton 80 200.00 16,000.00 165.00 13,200.00 27 Remove Asphalt Pavement Square Yard 40 25.00 1,000.00 57.00 2,280.00 28 Replace Cement Conc. Curb and GutI Linear Foot 12 80.00 960.00 140.00 1,680.00 29 Replace Cement Concrete Sidewalk Square Yard 7 100.00 700.00 285.00 1,995.00 30 Replace Monument in Case Each 1 1,500.00 1,500.00 2,500.00 2,500.00 31 Install New 6-Foot Wood Fence Linear Foot 192 35.00 6,720.00 50.00 9,600.00 32 Repair, Build Rockeries Lump Sum 1 2,000.00 2,000.00 3,750.00 3,750.00 33 Restore Landscaping Lump Sum 1 6,000.00 6,000.00 8,700.00 8,700.00 34 Install New Trees Each 13 750.00 9,750.00 850.00 11,050.00 35 Beauty Bark Cubic Yard 8 50.00 400.00 85.00 680.00 36 Topsoil Type C Cubic Yard 100 50.00 5,000.00 75.00 7,500.00 37 Sod Installation Square Yard 400 10.00 4,000.00 12.75 5,100.00 38 Minor Changes Lump Sum 1 4,000.00 4,000.00 4,000.00 4,000.00 Subtotal $259,174.00 Subtotal $309,642.00 Sales Tax Rule 171 Applies(0%) Tax $0.00 Tax $0.00 By: Dc./ Daniel Carey, Project Manager I Total $259,174.00 Total $309,642.00 Nome BidTab-FINAL-Dayton-NE22-v22 wBids.XLS Page 7 Project: Dayton Ave NE I NE 22nd St Drainage Improvement F Dennis R Craig Nor Tec Construction Co. Bid Date: August 12, 2008 Construction, Inc. *41110 Item Unit Est. Bid Unit Bid No. Description Quantity Amount Price Amount 1 Mobilization Lump Sum 1 21,323.00 21,323.00 16,000.00 16,000.00 2 Construction Survey, Staking, and As- Lump Sum 1 6,015.00 6,015.00 7,000.00 7,000.00 3 Traffic Control Lump Sum 1 14,075.00 14,075.00 400.00 400.00 4 Temp. Erosion and Sediment Control Lump Sum 1 4,281.00 4,281.00 1,500.00 1,500.00 5 Trench Excavation Safety Systems Lump Sum 1 1,500.00 1,500.00 500.00 500.00 6 Temporary Stormwater Bypass Lump Sum 1 18,750.00 18,750.00 500.00 500.00 7 Pothole Utility Each 3 395.00 1,185.00 150.00 450.00 8 Remove, Dispose Fir Tree Each 4 1,500.00 6,000.00 6,000.00 24,000.00 9 Remove, Dispose Other Trees Each 8 850.00 6,800.00 4,000.00 32,000.00 10 Remove Landscp.I.n9 Lump Sum 1 5,931.00 5,931.00 2,500.00 2,500.00 11 Remove Structures and Obstructions Lump Sum 1 6,794.00 6,794.00 1,000.00 1,000.00 12 Remove, Dispose 6-Ft Wood Fence Linear Foot 192 25.00 4,800.00 960.00 184,320.00 13 Temporary 6-Ft Chain Link Fence Linear Foot 102 5.00 510.00 490.80 50,061.60 14 Remove, Rebuild Pump House Lump Sum 1 49,508.00 49,508.00 15,750.00 15,750.00 15 Install Side Sewer for Pump House Lump Sum 1 5,832.00 5,832.00 1,500.00 1,500.00 16 Catch Basin Type I w/Open Curb Fac Each 1 1,659.50 1,659.50 1,000.00 1,000.00 17 Catch Basin Type IL Each 6 1,978.30 11,869.80 7,200.00 43,200.00 18 Concrete Inlet w/Open Curb Face Ink Each 1 1,713.45 1,713.45 800.00 800.00 19 Catch Basin Type II,48-inch Each 4 3,769.00 15,076.00 8,400.00 33,600.00 20Connect New CB to Existin9 Storm Lir Each 2 1,530.00 3,060.00 1,000.00 2,000.00 21 12-inch CPE Storm Pipe Linear Foot 604 36.90 22,287.60 78,520.00 ' y47,426,080.00 22 Import Trench Backfill Ton 300 61.00 18,300.00 150.00 45,000.00 23 Quarry Spalls Ton 20 125.00 2,500.00 20.00 400.00 24 Sawcutting Linear Foot 1,300 2.50 3,250.00 650.00 845,000.00 25 Crushed Surfacing Ton 60 123.75 7,425.00 1,200.00 72,000.00 26 Hot Mix Asphalt(HMA) Class 1/2" Ton 80 205.00 16,400.00 12,000.00 960,000.00 27 Remove Asphalt Pavement Square Yard 40 28.50 1,140.00 600.00 24,000.00 28 Replace Cement Conc. Curb and Gut1 Linear Foot 12 175.00 2,100.00 600.00 7,200.00 29 Replace Cement Concrete Sidewalk Square Yard 7 295.00 2,065.00 350.00 2,450.00 PEach ............................... .......1,7.....5...0..........,......................1..,.795.....0...,........................250.00 250.00 ................30.................Re.....Iace...Monument...inCase..................................... 1 1,795.00 1,795.00 2......................................._........_........................................_._.,_....... 31 Install New 6-Foot Wood Fence Linear Foot 192 38.50 7,392.00 3,840.00 737,280.00 32 Repair, Build Rockeries Lump Sum 1 5,485.00 5,485.00 1,600.00 1,600.00 33 Restore Landscaping Lump Sum 1 8,770.00 8,770.00 2,800.00 2,800.00 34 Install New Trees Each 13 995.00 12,935.00 1,625.00 21,125.00 35 Beauty Bark Cubic Yard 8 85.00 680.00 400.00 3,200.00 36 Topsoil Type C Cubic Yard 100 68.50 6,850.00 2,500.00 250,000.00 37 Sod Installation Square Yard 400 12.95 5,180.00 5,800.00 2,320,000.00 38 Minor Changes Lump Sum 1 4,000.00 4,000.00 0.00 Subtotal $315,237.35 Subtotal $53,136,466.60 Sales Tax Rule 171 Applies(0%) Tax $0.00 Tax $0.00 By: DC/ Daniel Carey, Project Manager Total $315,237.35 Total $53,136,466.6 Major Error,was$193,564. Unit prices in written words were total amounts. BidTab-FINAL-Dayton-NE22-v22 wBids.XLS Page 8 CITY OF RENTON BID TABULATION SHEET �,ROJECT: Dayton Ave.NE/NE 22nd St.Drainage Improvement Project; CAG-08-115 Page 1 of 2 DATE: August 12,2008 FORMS BID BIDDER Triple Form/ Bid Proposal Bond **Includes Sales Tax Archer Construction,Inc. 7855 S. 206th St. Kent,WA 98032-1354 x x $173,810.00 Allyson D. Gregerson Construct Co. 1621 Pease Ave. Sumner,WA 98390 x x $205,192.00 Cy Morse Dennis R.Craig Construction,Inc. P.O.Box 595 Redmond,WA 98073-0595 x x $315,237.35 Janey Craig Evergreen Landscape&Construction,Inc. 3517 177th Pl. SW ✓nnwood,WA 98037 x x $188,818.00 '4111111Karbjit Dhillon Earthwork Enterprises,Inc. P.O.Box 726 Mukilteo,WA 98275 x x $224,890.00 Arnold R. Sires GMT Inc. P.O.Box 82002 Cashier's Kenmore,WA 98028 x Check$13,000 $259,174.00 G.G. Suarez returned by mail Johansen Excavating P.O.Box 674 Buckley,WA 98321 x x $309,642.00 Jacob Cimmers Juhl Development,LLC 1206 201st Ave. E. Bonney Lake, WA 98391 x x $199,505.00 Gordon Juhl King Construction 962 Thornton P1. SW acific,WA 98047-2115 x x $187,117.00 rad Holt CITY OF RENTON BID TABULATION SHEET PROJECT: Dayton Ave.NE/NE 22nd St.Drainage Improvement Project;CAG-08-115 Page 2 of 2 DATE: August 12,2008 FORMS BID BIDDER Triple Form/ Bid Proposal Bond **Includes Sales Tax Laser Underground Utilities 20417 87th Ave. SE Snohomish,WA 98296 x x $188,809.00 Daniel J.Kain Nor Tec Construction Co.,Inc. 23444 30th Ave. S#101 Kent,WA 98032 x x $193,564.80 Paul Vlinn Pivetta Brothers Construction,Inc. P.O. Box 370 Sumner,WA 98390 x x $162,990.00 Mark Pivetta Precision Earthworks,Inc. 3816 South Rd. Mukilteo,WA 98275 x x $187,460.00 Julie Schauss *4.0444 Rodarte Construction,Inc. P.O.Box 1875 Auburn,WA 98071-1875 x x $208,259.00 J.R. Rodarte Tri-State Construction,Inc. P.O. Box 3686 Bellevue,WA 98009-3686 x x $197,490.00 Ron Agostino ENGINEER'S ESTIMATE TOTAL: $195,032.61 ti LEGEND: Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage • CITY OF RENTON COUNCIL AGENDA BILL f AI#: (.0 E Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division August 18, 2008 Staff Contact Robert Lochmiller, Design Project Agenda Status Manager, x7303 Consent X Subject: Public Hearing.. On-call Services During Construction Activities Correspondence.. Duvall Avenue NE - SR 900 to Renton City Limits Ordinance BERGER/ABAM Engineers, Inc. Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Supplemental Agreement Information Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Risk Management X Fiscal Impact: (T12123) Expenditure Required.. $ 389,038 Transfer/Amendment Amount Budgeted $ 12,883,642 (2008-2009) Revenue Generated Total Project Budget $ 15,950,046 City Share Total Project.. SUMMARY OF ACTION: The proposed supplemental agreement is to provide on-call services during construction activities. Services include reviewing structural submittals, material review, change orders that involve plan revisions, surveying, geotechnical review, and other engineering support that City staff cannot provide. The supplemental agreement also includes coordinating and providing one large business sign for Shannon's Village and other project signs when needed. The supplemental agreement is for$389,038. The Transportation Systems Division has budgeted $12,883,642 in 2008 and 2009 for the project's construction and construction services. The additional work was anticipated in preparing the 2008 and 2009 budget for this project. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the supplemental agreement with BERGER/ABAM Engineers, Inc. in the amount of$389,038 to provide on-call services during construction of the Duvall Avenue NE - SR 900 to Renton City Limits Project. C:\DOCUME-1\BWalton\LOCALS—I\Temp\080718 Agenda Bill for On-call Services During Construction.doc Uti Y O PUBLIC WORKS DEPARTMENT „ se MEMORANDUM DATE: August 18, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor--/2012, - D2' FROM: Gregg Zimmertnai ministrator STAFF CONTACT: Robert Lochmiller, Design Project Manager (x7303) SUBJECT: On-call Services During Construction Activities Duvall Avenue NE - SR 900 to Renton City Limits BERGER/ABAM Engineers, Inc. ISSUE: Should Council authorize the Mayor and City Clerk to execute the supplemental agreement with BERGER/ABAM Engineers, Inc. in the amount of$389,038 for the Duvall Avenue NE - SR 900 to Renton City Limits project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the supplemental agreement with BERGER/ABAM Engineers, Inc. in the amount of$389,038 to provide on-call services during construction of the Duvall Avenue NE - SR 900 to Renton City Limits project. BACKGROUND: The proposed contract is to provide on-call services during construction activities. Services include reviewing structural submittals, material review, change orders that involve plan revisions, surveying, geotechnical review, and other engineering support that City staff cannot provide. The contract also includes coordinating and providing one large business sign for Shannon's Village and other project signs when needed. The City has budgeted $12,883,642 for construction and construction management in both Duvall projects: Duvall Avenue NE- SR 900 to North City Limits (TIP #3) and Duvall Avenue NE (Coal Creek Parkway)-King County (TIP #4), for 2008 and 2009. cc: Robert Lochmiller,Transportation Design Project Manager File H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\Rob\Duvall\Contracts\BERGER\Issue paper 080807.doc Supplemental Agreement No. 8 Contract Number Organization and Address CAG-03-131 BERGER/ABAM Engineers Inc. 33301 Ninth Avenue South, Suite 300 Federal Way, WA 98003 Project Number Phone FAPWT-04-032 206/431-2300 Project Title New Maximum Amount Payable Duvall Avenue NE $ 2,018,080 SR 900 to Renton City Limits Description of Work Supplement No. 8 addresses 1. Additional Project Management/Administration from 1 January 2009 to 31 December 2009 2. Assisting the City with design and procurement of project signs. 3. Develop conformed set of project plans and specifications. 4. Allowance for construction support services from March 2008 to December 2009. The Local Agency of City of Renton desires to supplement the agreement entered into with BERGER/ABAM Engineers Inc. and executed on 6 August 2003 and identified as Contract „tar` No. CAG-03-151. All provisions in the basic agreement remain in effect except as expressly modified by this or other approved supplements. The changes to the agreement are described as follows. I Section I, SCOPE OF WORK, is hereby changed to read: The work includes the following additional work items described by Additional Work Item No.,Item Title, and Item Description 1.0 Additional BERGER/ABAM Project Management/Administration January to December 2009 (12 months) Additional project management efforts from 1 January 2009 to 31 December 2009 require development and submittal of invoices and progress report and coordination with six subconsultants. Subconsultant project administration and coordination efforts are shown below under CSS Administration and Coordination. 2.0 Assisting the City with Design and Procurement of Project Signs The subconsultant/subcontractor who is producing the sign for businesses in Shannon's Village will function under this Agreement. Other project signs as required may also be designed and procured under this Agreement 3.0 Develop Conformed Set of Plans and Specifications INNS Supplement No.8 BERGER/ABAM,A04032 Duvall Avenue NE Project B-1 20 March 2008 The City wishes to have a conformed set of full-size Plans(on Mylar) and Specifications. These Plans and Noe Specifications assemble the bid set of documents plus revisions to these documents made under addenda into a set of Plans and Specifications incorporating addenda revisions. The current agreement has no provision for development of a conformed set of construction documents or production of full-size Mylar drawings. 4.0 Construction Support Services(CSS)for a 78-week construction period that will occur during March 2008 to December 2009 • Attend Site Meetings/Conduct Site Visits(assume 60 person meetings/visits for BERGER/ABAM; 16 person meetings/visits for GeoEngineers;10 person meetings/visits for Perteet;12 person meetings/visits for Widener; 8 person meetings/visits for JGM; 8 person meetings/visits for Sanders) • Review Submittals(assume 20 submittals) • Respond to RFIs(assume 50 RFIs) • Assist City of Renton with change orders(assume 15 COs) • Develop record drawings from City of Renton-supplied information. These record drawings will be provided on 22 x 34 mylars and in AutoCAD electronic format. The version of AutoCAD will be per the current City of Renton standard. • Subconsultant CSS Administration and Coordination This task includes allowances for efforts by BERGER/ABAM (and its project sign subcontractors),GeoEngineers, Perteet Engineers,Widener&Associates,JGM Landscape, Sanders&Associates,and Applied Professional Services. IV Section IV, TIME FOR BEGINNING AND COMPLETION, shall be as previously amended: Now The work under this supplemental agreement, previous supplemental agreements, and the original contract shall be completed by 31 December 2009. XIV Section XIV, EXTRA WORK, shall be amended as follows: It is recognized by both parties that efforts to provide services under this supplemental agreement can vary considerably from estimates utilized to develop the additional amount payable for this supplemental agreement. Some budget items may cost more and other items may cost less. Budgets for some subconsultants may not be expended and may be used by BERGER/ABAM and/or other subconsultants. BERGER/ABAM will monitor total costs expended under this supplemental agreement and will notify the City when costs have reached 75 percent of the additional maximum amount payable authorized under this supplemental agreement. At that time, BERGER/ABAM will provide the City with an estimated amount to complete the work. If BERGER/ABAM costs for the remaining work under this Agreement are estimated to be higher than the original amount in this supplement, the remaining work above the amount authorized will not be performed without prior written authorization from the City, which shall not be unreasonably withheld. BERGER/ABAM shall have no obligation under this agreement to provide services where the cost would exceed the authorized amount. By: ERGER ABAM Engineers Inc. By: Consultant Signature Approving Authority Signature "err' Supplement No.8 BERGER/ABAM,A04032 Duvall Avenue NE Project B-2 20 March 2008 City of Renton EXHIBIT Analysis of Costs - BERGER/ABAM Inc. Direct Salary Cost(DSC) PERSONNEL Hours Pay Rate Cost Grade IX Principal/Project Manager 420 $ 78.00 $ 32,760 Grade VIIINII Project Manager 0 - Grade VIN Project Engineer 0 - Grade IV Senior Engineer 0 - Grade I/II/III Engineer 1,010 32.00 32,320 Environ./Urban Planner 0 - Designer/Technician 0 CAD Supervisor/Operator 380 30.00 11,400 Graphic Designer/Comm. Specialist 20 30.00 600 Dept. Coord./Word Pr./Admin 470 26.00 12,220 Direct Salary Cost Total 2,300 $ 89,300 Salary Escalation per annum 6.0% 110.0% $ 5,894 Overhead Cost 158.00% of DSC $ 150,406 Net Fee 32.00% of DSC $ 30,462 SUBTOTAL $ 276,062 Reimbursables Travel/Parking $ 3,600 Computer/CADD Reproduction/Postage 10,000 Public Meeting Graphics Sign Subcontractors 30,000 Miscellaneous 400 SUBTOTAL 44,000 BERGER/ABAM SUBTOTAL $ 320,062 Subconsultants: (See Exhibit G) GeoEngineers $ 23,813 Perteet Engineers 16,401 Widener&Associates 20,585 JGM Landscape Architects 30,027 Sanders &Associates 20,030 Mirai Associates - Applied Professional Services(APS) 5,000 SUBCONSULTANTS SUBTOTAL $ 115,857 TOTAL $ 435,919 SUPPLEMENT NO 7 AMOUNT REMAINING FOR CONSTRUCTION SUPPORT SERVICE $ 46,881 TOTAL AMOUNT REQUESTED FOR SUPPLEMENT NO 8 $ 389,038 .4410.4 Jy-aa 'L %LC\.0-Q_ (=Jr:pared By ABAM FEE Date page 1 City of Renton EXHIBIT G-1 **** '41010.- Subconsultant Analysis of Costs-GeoEngineers, Inc. Direct Salary Cost (DSC) PERSONNEL Hours Pay Rate Cost Principal 22 54.00 $ 1,188 Associate 0 37.00 - Engineer/Scientist 3 132 37.00 4,884 Engineer/Scientist 2 4 28.00 112 Engineer/Scientist 1 0 26.00 - Word Processor 20 25.00 500 Administration 8 24.00 192 Direct Salary Cost Total 186 $ 6,876 Salary Escalation per annum 6.0% 50.0% $ 206 Overhead Cost 199.17% of DSC $ 14,106 Net Fee 30.00% of DSC 2,125 SUBTOTAL $ 23,313 Reimbursables Travel/Parking ) $ 300 Reproduction/Postage Computer/Communications Miscellaneous 200 SUBTOTAL $ 500 TOTAL $ 23,813 SUBS FEE page 2 City of Renton EXHIBIT G-2**** Subconsultant Analysis of Costs - Perteet Engineers Direct Salary Cost(DSC) PERSONNEL Hours Pay Rate Cost Principal 2 57.00 $ 114 Senior Associate 8 51.00 408 Senior Project Manager 80 42.00 3,360 Design Engineer II 0 31.00 - Technician II 24 28.00 672 Accounting 8 27.00 216 Clerical 16 27.00 432 Direct Salary Cost Total 138 $ 5,202 Salary Escalation per annum 6.0% 80.0% $ 250 Overhead Cost 158.01% of DSC $ 8,614 Net Fee 30.00% of DSC 1,636 SUBTOTAL $ 15,701 Reimbursables Travel/Parking ) $ 300 Reproduction/Postage 200 Computer/Communications Miscellaneous 200 SUBTOTAL $ 700 TOTAL $ 16,401 SUBS FEE page 3 • City of Renton EXHIBIT G-3**** 1arr Subconsultant Analysis of Costs -Widener&Associates Direct Salary Cost (DSC) PERSONNEL Hours Pay Rate Cost Project Manager 112 52.00 $ 5,824 Project Biologist 20 30.00 600 Clerical 20 25.00 500 Direct Salary Cost Total 152 $ 6,924 Salary Escalation per annum 6.0% 60.0% $ 249 Overhead Cost 150.00% of DSC $ 10,760 Net Fee 30.00% of DSC 2,152 SUBTOTAL $ 20,085 Reimbursables Travel/Parking ) $ 300 Reproduction/Postage Computer/Communications Miscellaneous 200 laraw SUBTOTAL $ 500 TOTAL $ 20,585 *ow' SUBS FEE page 4 City of Renton EXHIBIT G-4**** Neiilf Subconsultant Analysis of Costs -JGM Landscape Architects Direct Salary Cost(DSC) PERSONNEL Hours Pay Rate Cost Principal 12 50.00 $ 600 Project Manager 64 44.00 2,816 Project Engineer 116 29.00 3,364 Senior Engineer 0 Planner 0 Engineer/Technician 0 - Landscape Designer/CADD 60 25.00 1,500 Project Coordinator 0 - Clerical 20 22.00 440 Direct Salary Cost Total 272 $ 8,720 Salary Escalation per annum 6.0% 90.0% $ 471 Overhead Cost 188.00% of DSC $ 17,279 Net Fee 30.00% of DSC 2,757 SUBTOTAL $ 29,227 Reimbursables w+rriO4 Travel/Parking ) $ 300 Reproduction/Postage 300 Computer/Communications Miscellaneous 200 SUBTOTAL $ 800 TOTAL $ 30,027 sviS SUBS FEE page 5 City of Renton EXHIBIT G-5**** Subconsultant Analysis of Costs -Sanders &Associates Direct Salary Cost (DSC) PERSONNEL Hours Pay Rate Cost Principal 6 70.00 $ 420 PLS 44 55.00 2,420 Survey Crew(2-Man) 64 40.00 2,560 CADD 12 52.00 624 Flaggers (2 Ea) 16 28.00 448 Admin 12 25.00 300 Direct Salary Cost Total 154 $ 6,772 Salary Escalation per annum 6.0% 50.0% $ 203 Overhead Cost 150.00% of DSC $ 10,463 Net Fee 30.00% of DSC 2,093 SUBTOTAL $ 19,530 Reimbursables Travel/Parking ) $ 300 Reproduction/Postage Now Computer/Communications Miscellaneous 200 SUBTOTAL $ 500 TOTAL $ 20,030 '4rrr SUBS FEE page 6 City of Renton EXHIBIT G-6**** Subconsultant Analysis of Costs - Mirai Associates Direct Salary Cost(DSC) PERSONNEL Hours Pay Rate Cost Principal 0 $ - Project Manager 0 74.00 - Project Engineer 0 68.00 - Senior Engineer 0 57.00 - Planner 0 32.00 - Engineer/Technician 0 - Graphics/CADD 0 - Project Coordinator 0 - Clerical 0 - Direct Salary Cost Total 0 $ - Salary Escalation per annum 6.0% 0.0% $ Overhead Cost 121.80% of DSC $ Net Fee 30.00% of DSC - SUBTOTAL $ - Reimbursables Nord Travel/Parking ) Reproduction/Postage Corn puter/Com munications Miscellaneous SUBTOTAL $ - TOTAL $ - SUBS FEE page 7 City of Renton EXHIBIT G-7 **** Subconsultant Analysis of Costs -Applied Professional Services Inc. Allowance $5,000 SUBS FEE page 8 Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131-Supplement No 8 BERGER/ABAM ENGINEERS INC-JSG 20 March 2008 TOTAL ESTIMATED FEES BERGER/ PERTEET WIDENER& JGM LANDSCAPE SANDERS& MIRAI ESTIMATED FEE TOTAL ABAM GEO-ENGINEERS ENGINEERS ASSOCIATES ARCHITECTS ASSOCIATES ASSOCIATES APS INC. SUBTOTALS ESTIMATED FEE DESCRIPTION ENGINEERS 1 Adds,onal BA Project Management/Administration Jan 2009 to Dec 2009(12 moss) $ 113,556 $ - $ - $ - $ - $ - $ - $ 113.556 2 Assist CUR wan Project Signs $ 43,512 $ - $ - $ - $ - $ - $ - $ 43,512 3 Develop Conformed Plans and Speolficatons $ 17,085 $ - $ - $ - $ - $ - $ - ,$ 17,085' 4 Construction Support Serwces(CUSS) $ 145,908 $ 23,813 $ 16,401 $ 20,585 $ 30,027 $ 20,030 $ - $5,000 $ 261,765; Allerd Meelings,Srte V,sns(assume 60 person meel,rgs for BA;16 person meetings for GeoErgmeers,10 person meetings for Perteel;12 person meetings for Widener,8 person meetings for JAM,B person meetings for Sanders)) $ 29,428 $ 8,672 $ 5,940 $ 7,421 $ 4,711 $ 6,839 $ - $ 63,010 Review submittals(assume 20) $ 16,696 $ - $ - $ - $ - $ $ - $ 16,696 Respond to Fries(assume 50) $ 23,387 $ 3,699 $ - $ - $ - $ $ - $ 27,086 Assist CUR wnh changes to construdron corriracl(assume 15 COs) $ 58,857 $ 8,727 $ 5,978 $ 8,562 $ 15,220 $ 9,583 $ - $ 106,928 t Develop record drawings from CUR supplied rnformatron $ 17,540 $ - $ - $ - $ 6,722 $ - $ - $ 24,262 Subconsu9ant CUSS Adm,nalmtron and Coordination(Mar 2008 to Dec 2009) $ - $ 2,715 $ 4,483 $ 4,602 $ 3,375 $ 3,609 $ - $ 18,784 5 Amount Remaining From Supplement Nn 7 for CUSS $ (46,881). TOTAL SUPPLEMENT NO 8 HOURS $ 320,062 I$ 23,813 I$ 16,401 I$ 20,585 $ 30,027 L$ 20,030 I$ -I$ 5,000 $ •1_S -I$ 389,038 TOTAL ESTIMATED HOURS BERGER/ PERTEET WIDENER S JGM LANDSCAPE SANDERS& MIRAI ESTIMATED HOUR TOTAL ABAM GEO-ENGINEERS ESTIMATED ENGINEERS ASSOCIATES ARCHITECTS ASSOCIATES ASSOCIATES APS INC. SUBTOTALS DESCRIPTION ENGINEERS HOURS ' 1 1 AddCronal BA Project Managemerr0Admtr slralmn Jan 2009 to Dec 2009(12 moss) 750 0 0 0 0 0 0 750 2 Assist CUR MP Project Signs 120 0 0 0 0 0 0 120 3 Develop Conformed Plans and Specifications 160 0 0 0 0 0 0 _ 160 4 ConstrudbnSupportSennas(CUSS) 1,270 186 138 152 272 154 0 2,172 1 Attend Meehrgs,Srte 06ris(assume 60 person meetings for SA,16 person meetings for GeoErgaleers,10 person meetings for Perteet,12 person meetings for Widener,8 person meetings for JAM;8 person meetings for Sanders)) 240 64 44 48 36 56 0 488 Review submittals(assume 20) 150 0 0 0 0 0 0 150 Respond to Fnes(assume 50) 200 28 0 0 0 0 0 - 228 Assst CUR wfh changes to construction wmrad(assume 15 COs) 500 70 56 68 150 72 0 916 Devebp record drawings from CUR supplied information 180 0 0 0 60 0 0 240 Subconsultant CUSS Admmostrslion and Coordination(Mar 200810 Dec 2009) 0 24 38 36 26 26 0 - 150 , 5 Amours Remaining From Supplement No 7 for CUSS , le I. TOTAL SUPPLEMENT NO a HOURS 2,300186 138 152 272 154 0 00 0 3,202 HOUPage 9 ( ( Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131 -Supplement No 8 BERGER/ABAM ENGINEERS INC-JSG 20 March 2008 BERGER/ABAM ENGINEERS GRADE IX GRADE VINGRAPHIC GRADE VIII/VII GRADE IV SENIOR GRADE I/II/III ENVIRON.I URBAN DESIGNER/ CAD SUPVSR/ DESIGNER/ DEPT CORD/ TOTAL PRINCIPAL PROJ PROJ MGR PROJECT ENGINEER ENGINEER PLANNER TECHNICIAN OPERATOR COMM. WORD PR/ADMIN ESTIMATED MANAGER ENGINEER HOURS DESCRIPTION SPECIALIST 1 Additional BA Project Management/Admrrnstratan Jan 2009 to Dec 2009(12 moss) 280 150 320 750 2 Assist CUR ME Project Signs 10 60 20 20 10 120 3 Develop Conformed Plans and Specifications 10 70 40 40 160 4 Construction Support Services(CUSS) _ f rvi Attend Meetings/Srle Visits(assume 60 person meetings for BA,16 person meetings for GeoEngrneers,10 person meetings for Perteet,12 person meetings for Widener,8 person meetings for JAM,8 person meetings for Senders)) 30 210 240 Review submrttais(assume 20) t0 _ 120 _ 20 150 Respond to Fries(assume 50) 20 160 20 200 Assist CUR with changes to construction contract(assume 15 COs) 80 200 200 40 500 Develop record drawings from CUR supplied mfonuation 40 120 20 180 Subconsultarrt CUSS Administration and Coordination(Mar 2008 to Dec 2009) _ _ 0 I TOTAL SUPPLEMENT NO 8 HOURS 420 01 01 01 10101 VI --OI J- 380 20m 4701 1,300 HOURS Page 10 Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131-Supplement No 8 BERGER/ABAM ENGINEERS INC-JSG 20 March 2008 GEOENGINEERS ENGR SCIENTIST ENGR SCIENTIST ENGR SCIENTIST TOTAL PRINCIPAL ASSOCIATE 3 2 1 WORD PROC ADMIN ESTIMATED DESCRIPTION HOURS 1 Additional BA Project Management/Administration Jan 2009 to Dec 2009(12 moss) .. 0' 2 Asyst CUR w6h Project Signs _ 0 3 Develop Conformed Plans and Specdiralions _ 0 4 Construction Support Services(CUSS) Attend Meetings/Site Visits(assume 60 person meetings for BA,16 person meetings for GeoErgineers,10 person meetings for Perteet,12 person meetings for Widener,8 person meetings for JAM,8 person meetings for Sanders)) 8 56 64 Review submittals(assume 20) _ 0 Respond to Fnes(assume 50) 4 20 4 — 28�' Assist CUR with changes to construction contract(assume 5 Cos) 10 40 20 70' Develop record drawings from CUR supplied information 0 Subconsuttant CUSS Administration end Coordination(Mar 2008 to Dec 2009) 16 8 _ 24 TOTAL SUPPLEMENT N0 8 HOURS 22 el 1321 41 _ -. 0 20 81 _,01_ _. 0 0 1861 HOL i , .-age 11 ( ( Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131 -Supplement No 8 BERGER/ARAM ENGINEERS INC-JSG 20 March 2008 PERTEET ENGINEERS SENIOR SENIOR PROJECT DESIGN TOTAL PRINCIPAL ASSOCIATE MANAGER ENGINEER II TECH II CAD ACCOUNTING CLERICAL ESTIMATED DESCRIPTION HOURS 1 Addrtronal BA Project Management/Administration Jan 2009 to Dec 2009(12 moss) 0 2 Assist CUR with Project Signs 0 3 Develop Conformed Plans and Specrficatnons _ p _ 4 Construction Support Services(CUSS) _ Attend MeehngslSite Visits(assume 60 person meetings for BA,16 person meetings for GeoEngineers,10 person meetings for Pertnet,12 person meetings for Widener,8 person meetings for JAM.8 person meetings for Sanders)) 4 40 _ 44 Review submittals(assume 20) 0 Respond to Fnes(assume 50) 0 Assist CUR with charges to construction contract(Assume 2 Cos) 24 24 8 56 Develop record drawings from CUR supplied information 0 .. Subconsultant CUSS Administration end Coordination(Mar 200810 Dec 2009) 2 4 16 8 8 38 TOTAL SUPPLEMENT NO 8 HOURS I_ 21 81 801 01 241 8 161 _ 0 01 0 138J HOURS Page 12 Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131 -Supplement No 8 BERGER/ABAM ENGINEERS INC-JSG 20 March 2008 WIDENER&ASSOCIATES PROJECT PROJECT TOTAL MANAGER BIOLOGIST CLERICAL ESTIMATED DESCRIPTION HOURS 1 Addrtonal BA Project Management/Administration Jan 2009 to Dec 2009(12 moss) 0 2 Assist CUR w4h Project Spots 0 3 Develop Conformed Plans and Specifications 0 4 Constructor Support Seances(CUSS) Attend Meetirgs/Srte Visits(assume 60 person meetings for BA,16 person meetings for GeoEngineers,10 person meetings for Perteet,12 person meetings for Widener,8 person meetings for JAM,B person meetings for Sanders)) 48 48, Reew submittals(assume 20) 0 vi Respond to Fnes(assume 50) Assist CUR with changes to construction contract(Assume 5 COs) 40 20 8 68 Develop record drawings from CUR supplied information. 0 Subconsufant CUSS Admmtstretmn end Coordinetton(Mar 2008 to Dec 2009) 24 12 36 c.._ _. _ ...__ '._- ... _.... .... .. ... TOTAL SUPPLEMENT NO 8 HOURS r112 20j 20 r 00r _ r 0I 01 0 0 0 r 152 1 (.. (.. ( HOURS Page 13 ( ( Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131-Supplement No 8 BERGER/ABAM ENGINEERS INC-JSG 20 March 2008 JAM LANDSCAPE ARCHITECTS PROJECT PROJECT SENIOR ENGINEER LANDSCAPE TOTAL PRINCIPAL PROJECT CORD CLERICAL ESTIMATED MANAGER ENGINEER ENGINEER PLANNER TECHNICIAN DESIGNER CAD DESCRIPTION HOURS 1 Additional BA Pro)ect Management/Administration Jan 2009 to Dec 2009(12 moss) 0 2 Assist CUR with Protect Signs _ _ 0 3 Develop Conformed Plans and SpecEOcatlons _ 0 4 Construction Support Services(CUSS) Attend Meetings/Sae Visits(assume 60 person meetings for BA,16 person meetings for 1 GeoEngineers,10 person meetings for Perteet,12 person meetings for Widener,8 person meetings for JAM.8 person meetings for Sanders)) 4 16 16 36' Review submittals(assume 20) 0' Respond to Fries(assume 50) 0 Assist CUR with changes to construction contract(Assume 4 Cos) 20 80 40 10 150 Develop record drawings from CUR supplied information 6 12 20 20 2 60. Subconsullant CUSS Administration and Coordination(Mar 2008 to Dec 2009) 2 16 8 26 .._ rr ._. TOTAL SUPPLEMENT NO 8 HOURS L t284.L. .11 _ __ 0 L._._ �0_ _ 01 601..� _ ._..o _ _. 20,1_` 01 __ 272 1 HOURS Page 14 Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131 -Supplement No 8 BERGER/ABAM ENGINEERS INC-JSG 20 March 2008 SANDERS&ASSOCIATES SURVEY CREW FLOGGERS TOTAL PRINCIPAL PALS (2-MAN) CAD (2 EA) ADMIN ESTIMATED DESCRIPTION HOURS 1 Addrtoral BA Project Management/Administration Jan 2009 to Dec 2009(12 moss) 0 2 Assist CUR with Project Signs0 3 Develop Conformed Plans and Specdicatans 0 4 Construction Support Services(CUSS) Attend MeellrgstSrte Visits(assume 60 person meetings for BA,16 person meetings for GeoErgineers,10 person meetings for Perteet,12 parson meetings for Widener,8 person meetings for JAM,8 person meetings for Sanders)) 4 4 16 12 IV 4 56 Review submrttals(assume 20) 0 Respond to Fnes(assume 50) 0 Assist CUR with changes to construction contract 24 48 2 Develop record drawings from CUR supplied infonaton 0 Subcansultant CUSS Adminlstraton and Coordination(Mar 2008 to Dec 2009) 2 18 8 26 L. TOTAL SUPPLEMENT NO 8 HOURS __ 8 44 84 12 18 12 0 0 0 0 154, ( it, HO age 15 I/ ( Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131-Supplement No 8 BERGER/ABAM ENGINEERS INC-JSG 20 March 2008 MIRAI ASSOCIATES PROJECT PROJECT SENIOR ENGINEER TOTAL PRINCIPAL MANAGER ENGINEER ENGINEER PLANNER TECHNICIAN GRAPHICS CAD PROJECT CORD CLERICAL ESTIMATED DESCRIPTION HOURS 1 Additional BA Project Management/Administration Jan 2000 to Dec 2009(12 moss) 0 2 Assist CUR with Project Sgns _ 0 3 Devebp Conformed Plans and Specdicatrons0 4 Construction Support Services(CUSS) Attend Meetings/Site Voile(assume 60 person meetings for BA.16 person meetings for GeoEngineers,10 person meetings for Perteet,12 person meetings for Widener,8 person meetings for JAM;8 person meetings for Sanders)) _ 0 Review submrttals(assume 20) _ 0. Respond to Fnes(assume 50) 0 Asset CUR with changes to construction contract Devebp record drawings from CUR supplied information _ 0 Suboonsultant CUSS Admmetratron and Coordination(Mar 200810 Dec 2000) O. _.J �� TOTAL SUPPLEMENT NO8HOURS _0� .f 0 0 u 0 _. _� ,0� 0� _OI. _ _.Ol_._. v-_OI . HOURS Page 16 a � j�• CITY OF RENTON COUNCIL AGENDA BILL itiee Submitting Data: For Agenda of: August 18, 2008 Dept/Div/Board.. PW/Utility Systems/Solid Waste Staff Contact Linda Knight, ext. 7297 Agenda Status Consent X Subject: Public Hearing.. 2008-2009 Coordinated Prevention Grant Agreement Correspondence.. Ordinance . Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions 2008-2009 Coordinated Prevention Grant Agreement Information Resolution Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: tikrr t Expenditure Required... $93,668 Transfer/Amendment Amount Budgeted $93,668 Revenue Generated $70,251 403/000000/018.5370.0060.10.000000 (2008/2009) 403/000000/018/5370.0060.41.000000 Total Project Budget $93,668 City Share Total Project.. $23,417 SUMMARY OF ACTION: The City of Renton Solid Waste Utility is eligible to receive $70,251 in grant revenue through the Washington State Department of Ecology's Coordinated Prevention Grant Program in 2008-2009. This biennium grant program will allow the Solid Waste Utility to promote food waste composting through the purchase and distribution of kitchen food waste scrap collection buckets and compostable bags to residential solid waste customers. This project meets the requirements and goals of the King County Comprehensive Solid Waste Management Plan. Expenditures for this project total $93,668 including the City's $23,417 in matching funds. An agreement must be signed between the City and the Department of Ecology in order for the City to receive funding. STAFF RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to sign the 2008-2009 Coordinated Prevention Grant Agreement that provides $70,251 in revenue from the Washington State Department of Ecology, and commits the City to provide $23,417 in matching funds. 11111111 H:\File Sys\SWU-Solid Waste Utility\SWU-12-Ecology Grants\SWU-12-0009-CPG-2008-2009\0809Agenda bill.doc/LKtp ti(cY ®off • PUBLIC WORKS DEPARTMENT NT�� MEMORANDUM DATE: August 11, 2008 TO: Marcie Palmer, Council President Members of the Renton Cit Council VIA: Denis Law, Mayor FROM: Gregg ZimmermiAdministrator STAFF CONTACT: Linda Knight, Solid Waste Coordinator(ext. 7397) SUBJECT: 2008/2009 King County Solid Waste Division's Waste Reduction & Recycling Grant Interlocal Agreement ISSUE: Should Renton execute the 2008-2009 Coordinated Prevention Grant Agreement with the Washington State Department of Ecology in order to receive grant funding, in the amount of$70,251 and commits the City to provide $23,417 in matching funds? RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to execute the 2008-2009 Coordinated Prevention Grant Agreement which provides a total of $93,668 in grant funding of which the City's share is $23,417 to promote food waste composting through the purchase and distribution of kitchen food waste scrap collection buckets and compostable bags to residential solid waste customers. BACKGROUND SUMMARY: The City of Renton is eligible to receive $93,668 in Coordinated Prevention Grant (CPG) funding from the Washington State Department of Ecology(Ecology) in 2008-2009. The CPG program is designed to assist local jurisdictions in implementation of solid and hazardous waste management plans. The CPG program requires a 25 percent match from local jurisdictions. Renton's 25 percent match is $23,417. Ecology's share of the project is $70,251. The 2008-2009 CPG program allows the Solid Waste Utility to implement solid and hazardous waste reduction and public education projects. The attached grant agreement outlines the proposed program. Waste reduction for both solid and hazardous wastes is Washington State's highest priority in waste management. For this grant cycle, the Solid Waste Utility will focus its efforts toward educating residents about food waste Counci1\2008-2009 Coordinate Prevention Grant August 11,2008 Page 2 of 2 composting through the purchase and distribution of kitchen food waste scrap collection *10 buckets and compostable bags. CONCLUSION: The City of Renton is eligible to receive $93,668 in grant funding of which the City's local share is $23,417 from Ecology's 2008-2009 Coordinated Prevention Grant. This grant provides funding for the purchase and distribution of kitchen food waste scrap collection buckets and compostable bags to residential solid waste customers. An Interlocal Agreement between the City and Ecology must be signed in order for the City to receive grant funds. cc: Lys Hornsby,Utility Systems Director File H:\File Sys\SWU-Solid Waste Utility\SWU-12-Ecology Grants\SWU-12-0009-CPG-2008-2009\issue0809.doc\LKtp STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF RENTON Grant No: G0800602, Coordinated Prevention Grant Regular Cycle Agreement. This is a binding agreement entered into by and between the State of Washington Department of Ecology, hereinafter referred to as ECOLOGY, and City of Renton, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JURISDICTION: City of Renton MAILING ADDRESS: 1055 South Grady Way CITY, STATE,ZIP: Renton,WA 98057 RECIPIENT GRANT COORDINATOR: Linda Knight TELEPHONE: 425-430-7397 FAX: 425-430-7241 E-MAIL: Lknight@ci.renton.wa.us RECIPIENT BILLING/INVOICE COORDINATOR: Linda Knight TELEPHONE: 425-430-7397 "r FAX: 425-430-7241 E-MAIL: Lknight@ci.renton.wa.us ECOLOGY GRANT OFFICER: Diana Wadley TELEPHONE: 425-649-7056 FAX: 425-649-7098 E-MAIL: dwad461@ecy.wa.gov FUNDING SOURCE Local Toxics Control Account MAXIMUM ELIGIBLE COST $ 93,668 STATE GRANT SHARE $ 70,251 LOCAL SHARE $ 23,417 STATE MAXIMUM GRANT PERCENT 75 % FEDERAL TAX IDENTIFICATION NO. 91-6001271 For the purpose of this agreement, the RECIPIENT will be allowed to match the state grant share with cash and interlocal in-kind costs in accordance with application instructions. This agreement is effective on January 1,2008. Any work performed prior to the effective date of this agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and Noir risk of the RECIPIENT. This agreement shall expire no later than December 31, 2009. arrrrr► Grant No. G0800602 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Renton REGULAR CYCLE SCOPE OF WORK The project(s) set forth below summarize the RECIPIENT's budget(s) tracked by category, goals and expected outcomes, activities with timeline, method of evaluation, and estimated project cost.* The estimated project cost is for grant officer information only; it will not be used for budget tracking purposes. Recipient Responsibilities: The RECIPIENT is responsible for implementing activities identified in the local Comprehensive Solid Waste Management Plan and the Hazardous Waste Management Plan. A. CATEGORY: Organics TOTAL CATEGORY COST CPG-BASE: $ 93,668 1. PROJECT TITLE: Residential Curbside Food Waste Collection Summary Description: The RECIPIENT has completed a pilot that included commingled residential curbside collection of food and yard waste. This is a change from the current yard waste only collection. The pilot included partnerships with the Public Health- Seattle and King County and King County Solid Waste.The RECIPIENT plans to add food waste to its residential curbside organics collection program citywide beginning in 2008. Simultaneous with the citywide launch, the RECIPIENT will distribute kitchen food scrap collection buckets and compostable food waste bags to residential curbside solid waste customers. Customers will use the food scrap buckets and bags to collect food waste for deposition into their Food& Yard Waste cart. The RECIPIENT will then collect materials from the cart for composting in the City's curbside recycling and composting program. The RECIPIENT will also provide educational materials,to include where to purchase more compostable liners. Goal Statement: The goal of this project is to divert more food waste from the landfill and sanitary sewer. By providing kitchen containers and starter compostable liners,the RECIPIENT will add to the convenience and cleanliness of residential food scrap collection. This will encourage residents to begin composting their food scraps with their yard waste. Outcome Statement: The RECIPIENT will distribute kitchen food scrap collection buckets and liners to approximately 18,000 households by the end of 2009. This should result in a projected 15% increase in total single-family residential organics(food and yard waste) diversion by weight by the end of 2009. Work Plan and Activities with Timeline: Activity Timeline Distribute kitchen food waste scrap collection June 2008—June 2009 buckets and compostable bags to residential solid waste customers. 41000 Page 2 of 7 Grant No. G0800602 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Renton 'woir Method of Evaluation: Measure organics tonnage collected and diverted from the landfill. * Estimated Project Cost: $ 93,668 COMMUNICATION ECOLOGY's regional grant officer(grant officer)will contact the RECIPIENT grant coordinator as needed to monitor progress toward goals and check consistency with Work Plans and Timelines. It is the responsibility of the RECIPIENT to contact his or her grant officer with any other questions or concerns regarding the grant. Grant officers are available to provide technical assistance at any time during the grant cycle. BILLING AND REPORTING A payment request consists of Forms A-19, B2, C2 and a progress report. A-19, B-1 and C-1 forms are required if interlocal costs are anticipated to be used towards the 25%match. Unless stated otherwise in this agreement, the RECIPIENT must submit a payment request (with a progress report)at least quarterly,but no more often than once per month. The RECIPIENT has elected to budget by project and therefore shall itemize by project element on the B1 or 2 and Cl or 2 forms and as laid out in the following CPG Budget Table. Itemized costs in payment requests must be by project. The RECIPIENT has elected to submit all supporting documentation as back-up with each payment request. The RECIPIENT must also keep record of supporting documents in accordance with the `fir" requirements outlined in the most recent revision of Administrative Requirements for Recipients of Ecology Grants and Loans and make these documents available to ECOLOGY staff upon request. The RECIPIENT must also complete a Final Performance Analysis(FPA) form online through the Information Clearinghouse. The FPA must be submitted before ECOLOGY can process your final payment request. The final payment request and the FPA are due no later than February 15,2010 for Regular Cycle grants. REGULAR CYCLE CPG BUDGET CATEGORY/PROJECT TOTAL CATEGORY/PROJECT COST: CPG BASE(174/117) 1.Organics $ 93,668 TOTAL MAXIMUM ELIGIBLE COST $ 93,668 ''fir►' Page 3 of 7 Aar Grant No. G0800602 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Renton FUND SOURCE: CPG BASE (174/I17) MAXIMUM ELIGIBLE COST: $93,668 FUND GRANT PERCENT(%) STATE GRANT SHARE Local Toxics Control Account(LTCA) 75 % $ 70,251 MATCH REQUIREMENT MATCH PERCENT(%) LOCAL SHARE Cash Match 25% $ 23,417 ADDITIONAL BUDGET CONDITIONS 1. Overhead is eligible; the RECIPIENT may charge 25 percent of salaries and benefits for time devoted specifically to projects outlined in this agreement. 2. The RECIPIENT contact for billing and invoice questions is: RECIPIENT BILLING/INVOICE COORDINATOR: Linda Knight TELEPHONE: 425-430-7397 FAX: 425-430-7241 E-MAIL: Lknight@ci.renton.wa.us 3. Grant payments should be made payable to: City of Renton- Solid Waste Utility 4. Grant payments should be mailed to this address: JURISDICTION: City of Renton ATTN: Accounts Receivable MAILING ADDRESS: 1055 South Grady Way CITY, STATE,ZIP: Renton,WA 98057 SPECIAL TERMS AND CONDITIONS A. INTERLOCAL AGREEMENTS If parties other than the RECIPIENT are contributing to the local share of project costs, memoranda of understanding or other written agreements confirming the contribution must be negotiated. These agreements must specify the exact work to be accomplished and be signed by all parties contributing to the local match of this project. Copies of these agreements shall be submitted to ECOLOGY. Page 4 of 7 Grant No. G0800602 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Renton 'kiwi B. PROCUREMENT AND CONTRACTS 1. The RECIPIENT shall follow their standard procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures must comply with the "Standards for Competitive Solicitation", found in the most recent revision of Administrative Requirements for Ecology Grants and Loans. 2. Following execution, at the request of ECOLOGY,the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY. 3. The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior to the execution of the grant agreement for performance of grant funded activities. C. SEPA COMPLIANCE To ensure that environmental values are considered by the state and local government officials when making decisions,the RECIPIENT shall comply with the provisions of the State Environmental Policy Act (SEPA), Chapter 41.23C RCW, and the SEPA Rules, Chapter 197-11 WAC. Copies of the SEPA documents shall be sent to: ECOLOGY's Environmental Review and Transportation Section P.O. Box 47703 Olympia, WA 98504-7703 ''01000' D. WETLANDS PROTECTION To comply with the directive of Executive Order 90-04, Protection of Wetlands, all local governments are requested and encouraged to make all of their actions consistent with the intent of this executive order; specifically, (1) to avoid,to the extent possible, adverse impacts associated with the destruction or modification of wetlands, and(2)to avoid direct or indirect support of new construction in wetlands wherever there is a practical alternative. E. FAILURE TO COMMENCE WORK ECOLOGY reserves that right to terminate this agreement in the event the RECIPIENT fails to commence work on any of the projects funded herein within six (6)months after the effective date. F. PROJECT INCOME Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY's Administrative Requirements for Ecology Grants and Loans. G. GRANT REPORTING 1. The RECIPIENT, in conjunction with submission of payment requests, or at the request of the grant officer, shall prepare Progress Reports and submit them to ECOLOGY. The RECIPIENT must also complete and submit a Final Performance Analysis(FPA). Page 5 of 7 Amirourommommemiwoominir Grant No. G0800602 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Renton 2. The RECIPIENT must submit all backup documentation paperwork along with each payment '4000 request or maintain all backup documentation in an accessible location and be subject to biennial documentation check visits by Ecology grant officers. H. PROMOTIONAL AND EDUCATIONAL MATERIALS A copy of all promotional and educational materials developed as part of this agreement shall be submitted electronically to ECOLOGY concurrent with public distribution. ECOLOGY shall have the right to use any printed materials developed as part of this agreement in any manner ECOLOGY deems appropriate. The Washington State Department of Ecology will be acknowledged for providing funding in all published material and oral presentations that result from this agreement. AMENDMENTS AND MODIFICATIONS No subsequent modification(s)or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement; except a letter of amendment will suffice to redistribute the budget without increasing the total maximum eligible cost or to change ECOLOGY's grant officer or the RECIPIENT's grant coordinator or to extend the period of performance as set forth in this grant agreement. J. MINORITY AND WOMEN'S BUSINESS PARTICIPATION (It is not mandatory for the RECIPIENT to abide by Part J of the Special Terms and Conditions; however, it is highly encouraged.) The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE)businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize ECOLOGY's goals for minority-and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10%MBE 6%WBE Architecture/Engineering 10%MBE 6%WBE Purchased Goods 8%MBE 4%WBE Purchased Services 10%MBE 4%WBE Professional Services 10%MBE 4%WBE No contract award or rejection shall be made based on achievement or non-achievement of the goals. Achievement of these goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications may take the following affirmative steps in any procurement initiated after the effective date of this agreement: 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller projects or quantities to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. r Page 6 of 7 Grant No. G0800602 FINAL Coordinated Prevention Grant Regular Cycle Agreement with City of Renton Nose 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT may report to ECOLOGY payments made to qualified firms at the time of submitting each invoice and on forms provided by ECOLOGY; the information should include: • Name and State OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. • The total dollar amount paid to qualified firms under this invoice. K. ALL WRITINGS CONTAINED HEREIN This agreement, the"General Terms and Conditions", and ECOLOGY's Administrative Requirements for Ecology Grants and Loans, contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Laurie Davies Date Authorized Official Date 444010 Program Manager Solid Waste and Financial Assistance Print Name of Authorized Official APPROVED AS TO FORM ONLY Title Assistant Attorney General Page 7 of 7 k . . PROCUREMENT CERTIFICATION FORM Recipient: City of Renton Grant Name: Coordinated Prevention Grant Regular Cycle Grant No.: G0800602 The undersigned, on behalf of the Recipient, certifies that the Recipient: (check and complete one of the following) will follow Recipient's own adopted procurement procedures and applicable state law in procuring grant-related public works contracts, professional and personal services contracts, and purchase agreements. The procurement procedures were adopteFI 7(1--( 161 GI 3 (date) by K M`{-01l CA-fry C o L{M ct (adopting authority) and are recorded in 0 ray viaVlc-- 1-f [bg (document name). Re,ij f c(e ct-Fro c,u.c.4 j p(i q 3 having no applicable, adopted procurement procedures, will follow the Standards for Competitive Solicitation found in the Administrative Requirements for Ecology Grants and Loans, WDOE 91-18 (Revised October 2005) (the "Yellow Book"), and applicable state laws in procuring grant-related public works contracts, professional and personal services contracts, and purchase agreements. AUTHORIZED SIGNATURE DATE TITLE LEGAL COUNSEL SIGNATURE DATE TITLE CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR A GRANT TO ASSIST IN ORGANIC RECYCLING. WHEREAS, the City of Renton has competed a pilot project that involved comingling of food and yard waste for curbside collection; and WHEREAS, the City plans to add food waste to its residential curbside organics collection program in 2008; and WHEREAS,the State has funds available to assist the City in that effort; and WHEREAS, the State is willing to contribute 75% of the cost of such food waste recycling, or the amount of$70,251.00, provided that the City would be required to pay the remaining 25%; and WHEREAS, is necessary to document the terms and conditions under which this grant will be made available to the City; 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. 'err milimierimmimmommir RESOLUTION NO. SECTION II.The Mayor and City Clerk are hereby authorized to enter into an agreement with the State of Washington entitled State of Washington Department of Ecology and City of Renton Grant No, G0800602, Coordinated Prevention Grant Regular Cycle Agreement. 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 :7/30/08:jo CITY OF RENTON COUNCIL AGENDA BILL Al#: (t) Submitting Data: For Agenda of: August 18, 2008 Dept/Div/Board.. PW/Utility Systems/Solid Waste Staff Contact Linda Knight, ext. 7397 Agenda Status Consent X Subject: Public Hearing.. Amendment#5 to CAG-03-160 Correspondence.. King County Suburban City Contract - Local Ordinance Hazardous Waste 2008 Grant Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Amendment#5 to CAG-03-160 Information Resolution Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $29,386.95 Transfer/Amendment Amount Budgeted $29,386.95 Revenue Generated $29,386.95 403/000000/018.5370.0060.10.000000 403/000000/018/5370.0060.41.000000 Total Project Budget $29,386.95 City Share Total Project.. $0 SUMMARY OF ACTION: The City of Renton adopted the Local Hazardous Waste Management Plan for Seattle-King County in November 1990. As a Local Hazardous Waste Management Plan (Program) participant, the City may implement projects with Program funding that support Program goals. In addition, the City will receive compensation for staff time spent representing the Suburban Cities Association to the Program. In 2008, the City of Renton will receive $29,386.95 in reimbursement for such programs. This year's grant will fund targeted waste collections (Renton Recycle Days), Household Hazardous Waste Education school workshops, and staff representation costs. This grant is 100% reimbursable, resulting in no cost to the City. Projects under this grant must be completed by December 31, 2008. An amendment to CAG-03-160 is required to receive the funding. STAFF RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to sign an amendment to the existing King County Suburban City Contract - Local Hazardous Waste 2008 Grant that authorizes the City's Solid Waste Utility to receive $29,386.95 in funding from the Local Hazardous Waste Management Program. H:\File Sys\SWU-Solid Waste Utility\SWU-09-LHWMP\SWU-09-0023-LHWMP Grant 2008\AB2008-09.doc/LKtp • ® ♦ PUBLIC WORKS DEPARTMENT • MEMORANDUM DATE: August 11, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor 0 ,), FROM: Gregg Zimmermar)Administrator STAFF CONTACT: Linda Knight, Solid Waste Coordinator(ext. 7397) SUBJECT: Amendment#5 to CAG-03-160: King County - Suburban City Contract- Local Hazardous Waste 2008 Grant ISSUE: Should the City execute Amendment#5 to CAG-03-160, King County Suburban City Contract - Local Hazardous Waste 2008 Grant that authorizes the City's Solid Waste Utility to receive $29,386.95 in non-matching funds from the Local Hazardous Waste �rrr Management Program to implement Household Hazardous Waste workshops for Renton's school children and collect targeted Household Hazardous Waste (HHW) at Special Recycling Events? RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to execute Amendment#5 to CAG-03-160, King County Suburban City Contract - Local Hazardous Waste 2008 Grant that authorizes the City's Solid Waste Utility to receive $29,386.95 in funding from the Local Hazardous Waste Management Program. BACKGROUND SUMMARY: The City of Renton is a participant in the Local Hazardous Waste Management Program (Program). Fees collected by local jurisdictions and grant funds support the Program. The 2008 Program budget allows for reimbursement to suburban cities opting to implement hazardous waste programs that support Program goals. In addition, the Program allows the City to request reimbursement for travel and representation for expenses incurred by staff serving on Program committees. Currently, Linda Knight, Solid Waste Coordinator, serves on Program committees. In 2003, the City of Renton entered into an agreement with the Program that defined roles and responsibilities of each party and enabled the City's Solid Waste Utility to receive ' Program funding for implementation of hazardous waste programs that support Program Amok Counci1/2008 LHWMP Grant August 11,2008 Page 2 of 2 goals. An amendment to the 2003 agreement is required for the City's Solid Waste Utility to continue to receive funding from the Program to implement hazardous waste collection and education projects. The 2008 scope of work provides for targeted household hazardous waste collection via two collection events (Renton Recycle Days), Household Hazardous Waste Reduction workshops provided to 30 elementary school classrooms, and expenses related to representation of Suburban Cities to the Program. CONCLUSION: The City's Solid Waste Utility is eligible to receive $29,386.95 in non-matching grant funds from the Local Hazardous Waste Management Program to implement local programs. In order to receive this funding, the City must execute an amendment to CAG-03-160. cc: Lys Hornsby,Utility Systems Director File H:\File Sys\SWU-Solid Waste Utility\SWU-09-LHWMP\SWU-09-0023-LHWMP Grant 2008\Issue2008.doc/LKtp King County Contract No. D37986D COPY Federal Taxpayer ID No. •4410 "" This form is available in alternate formats for people with disabilities upon request. KING COUNTY CONTRACT FOR SERVICES WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION—2008 Department Seattle-King County Dept. of Public Health (a.k.a. Division Public Health — Seattle & King County)/EHS _ Contractor City of Renton Project Title Local Hazardous Waste Management Program Contract Amount $ Twenty Nine Thousand Three Hundred Eighty Six Dollars and Ninety Five Cents Contract Period Start date: 01/01/2008 End date: 12/31/2008 THIS CONTRACT is entered into by KING COUNTY (the `County"), and City of Renton (the "Contractor"), whose address is 1055 South Grady Way, Renton, WA 98055. WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $29,386.95 1/1/2008 - 12/31/2008 TOTAL $29,386.95 1/1/2008 - 12/31/2008 and WHEREAS, the County desires to have certain services performed by the Contractor as described in this *ow Contract, and as authorized by the 2008 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: • Exhibit I: Scope of Work • Exhibit II: Budget/Invoice • Exhibit III: Mission, Method, and Expectations • Exhibit IV: Certificate of Insurance and Additional Insured Endorsement II. Term and Termination A. This Contract shall commence on 01/01/2008, and shall terminate on 12/31/2008, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. B. This Contract may be terminated by the either party without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. C. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. 'err SKCDPH-Agency BP:1 of 13 If the Contract is terminated by the County pursuant to this Subsection II.C. (1),the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. E. .The Contractor may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract. F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III. Compensation and Method of Payment A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: Upon receipt and approval of a signed invoice as set forth in Exhibit II that complies with the budget therein. B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Contractor not more than 45 days after a complete and accurate invoice is received. C. The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D. When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E. If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1. The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate SKCDPH-Agency BP:2 of 13 shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor 'Nose does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2. Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4. Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. IV. Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. V. Debarment and Suspension Certification Agencies receiving federal funds that are debarred, suspended, or proposed for debarment are excluded from contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. For more information on suspension and debarment, see Federal Acquisition Regulation 9.4. `o✓ VI. Maintenance of Records/Evaluations and Inspections A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any mutually agreeable time, the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C. Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. 'err' SKCDPH-Agency BP:3 of 13 D. Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E. The Contractor shall provide right of access to its facilities—including those of any subcontractor assigned any portion of this Contract pursuant to Section XIII—to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. F. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. G. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. H. The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII. Compliance with the Health Insurance Portability Accountability Act of 1996 (HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Contractor 1. The Contractor agrees not to use or disclose protected health information other than as permitted or required by law. 2. Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the covered entity as required by CFR Title 45, Section 164, Subpart C. 3. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of protected health information by the Contractor in violation of the requirements of this Contract. 4. The Contractor agrees to report to King County Public Health Compliance Office any use or • disclosure of protected health information not allowed under this Contract, or security incident, within two (2) days of the Contractor's knowledge of such event. 5. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. 6. The Contractor agrees to make available protected health information in accordance with 45 CFR § 164.524. 7. The Contractor agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164-526. 8. The Contractor agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected SKCDPH-Agency BP:4 of 13 health information received from, or created or received by the Contractor on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with the privacy rule. 9. The Contractor agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR 164 § 528. B. Permitted Uses and Disclosures by Business Associate The Contractor may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County. C. Effect of Termination 1. Except as provided in paragraph C.2. of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all protected health information received from King County, or created or received by the Contractor on behalf of King County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the protected health information. 2. In the event the Contractor determines that returning or destroying the protected health information is infeasible, the Contractor shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information. VIII. Audits Now A. If the Contractor or subcontractor is a municipal entity or other government institution or jurisdiction, or is a non-profit organization as defined in OMB Circular A-133, and expends a total of$500,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor or subcontractor shall meet the respective A-133 requirements described in subsections VIII.B. and VIII.C. B. If the Contractor is a non-profit organization, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circular A-133, as amended, and as applicable. The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's fiscal year. The Contractor shall provide to the County its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a "Management Letter" or other correspondence made by the auditor, the Contractor shall provide copies of those communications and the Contractor's response and corrective action plan. Submittal of these documents shall constitute compliance with subsection VIIIA. C. If the Contractor is a municipal entity or other government institution or jurisdiction, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VIII.A. D. If the Contractor, for-profit or non-profit, receives in excess of$100,000 in funds during its fiscal year from the County, it shall provide a fiscal year financial statement prepared by an independent fir+ SKCDPH-Agency BP:5 of 13 Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the Contractor's fiscal year. E. Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX. Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section II.C.; D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X. Dispute Resolution A. The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. B. If a dispute arises between the parties that cannot be resolved by direct negotiation, the dispute shall be submitted to a dispute board for a non-binding determination. Each party shall timely appoint one member to the dispute board. Those members shall jointly appoint an additional member. Any costs of the dispute board shall be split evenly between the two parties. The dispute board shall timely review.the facts, Contract terms and applicable law and rules, and make its determination. Provided that each party and the dispute board act in a timely manner, the parties agree not to seek legal or equitable relief in the courts until the dispute board renders its determination. Thereafter, either party may seek legal or equitable relief in the courts. XI. Hold Harmless and Indemnification A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. ° 4100 SKCDPH-Agency BP:6 of 13 The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arise out of, or in any way result from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. Noe E. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. F. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. XII. Insurance Requirements A. By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. B. Minimum Scope and Limits of Insurance By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Coverage shall be at least as broad as: "ti rw SKCDPH-Agency BP:7 of 13 1. Commercial General Liability: Insurance Services Office form number(CG 00 01 current edition or its equivalent) covering COMMERCIAL GENERAL LIABILITY. Minimum Limit: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. Minimum Limit: $1,000,000 per claim and in the aggregate. 3. Automobile Liability: In the event that services delivered pursuant to this Contract require the use of a vehicle or involve the transportation of clients by Contractor personnel in Contractor-owned vehicles or non-owned vehicles, the Contractor shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number (CA 00 01 current edition or its equivalent) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. Minimum Limit: $1,000,000 combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. Minimum Limit: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability: Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. Minimum Limit: $1,000,000 C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. D. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: • 1. Liability Policies (Except Workers Compensation and Professional/Errors and Omissions) a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. (CG 2010 11/85 or its equivalent) SKCDPH-Agency BP:8 of 13 • b. The Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self- insurance maintained by the County, its offices, officials, employees, or agents shall 4#1160, not contribute with the Contractor's insurance or benefit the Contractor in any way. c. The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies a. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. b. Each insurance policy shall be written on an "occurrence"form; except that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a `claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of Contract termination, and/or conversion from a `claims made" form to an "occurrence" coverage form. E. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by King County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements the 'trio Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. F. Verification of Coverage The Contractor shall furnish the County certificates of insurance and endorsements.required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. G. Municipal or State Contractor Provisions If the Contractor is a Municipal Corporation or a Contractor of the State of Washington and is self- insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. H. Insurance for Subcontractors If the Contractor subcontracts any portion of this Contract pursuant to Section XIII, the Contractor shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. All Coverages and Requirements �rrr SKCDPH-Agency BP:9 of 13 Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. XIII. Assignment/Subcontracting A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(1) support services not related to the subject matter of this Contract, or (2) supplies. C. The Contractor shall include Sections IIID, IV, V, VI, VII, VIII, XI, XII, XIV, XV, and XXI, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in anyway resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV. Nondiscrimination The Contractor shall comply with all applicable federal, state and local laws regarding discrimination. XV. Nondiscrimination in Subcontracting Practices A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business (M/WBE) utilization requirements shall apply to this Contract. No minimum level of M/WBE subcontractor participation or purchase from M/WBE certified vendors is required and no preference will be given by the County to a bidder or proposer for their M/WBE utilization or M/WBE status. The completion of County M/WBE forms which may be included in the Contract documents is not required. Provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply. B. During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities for M/WBEs to participate in all County contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any disability in an otherwise qualified disabled person. C. The Contractor shall maintain, until at least 12 months after completion of all work under this Contract, records and information necessary to document its level of utilization of M/WBEs and other businesses as subcontractors and suppliers in this Contract and in its overall public and private business activities. The Contractor shall also maintain, until 12 months after completion of all work under this Contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Contract. The Contractor shall make SKCDPH-Agency BP:10 of 13 such documents available to the County for inspection and copying upon request. If this Contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Contract documents. `"ore D. King County encourages the Contractor to utilize small businesses, including Minority-owned and Women-owned Business Enterprises ("M/WBEs') in County contracts. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at (360) 753-9693 or on-line through the web site at www.wsdot.wa.gov/omwbe/. E. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of Contract for which the Contractor may be subject to damages and sanctions provided for by Contract and by applicable law. XVI. Conflict of Interest A. The Contractor agrees to comply with the provisions of KCC Chapter 3.04. Failure to comply with any requirement of KCC Chapter 3.04 shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C. The Contractor acknowledges that for one year after leaving County employment, a former county employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a county action in which the former county employee participated during county employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVII. Equipment Purchase, Maintenance, and Ownership A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of$5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. B. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. C. The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. D. The County will provide property tags so Contractor can mark property. The Contractor shall admit County staff to the Contractor's premises for the purpose of confirming property has been marked with County property tags. The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. XVIII.Proprietary Rights Now SKCDPH-Agency BP:11 of 13 The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by ,44000 both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XIX. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XX. King County Recycled Product Procurement Policy In accordance with King County Code 10.16, the Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. In addition, the Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XXI. Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXII. Entire Contract/Waiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract 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 the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXIII. Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIV.Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXV. Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as SKCDPH-Agency BP:12 of 13 applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXVI.Applicable Law This contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. IN WITNESS HEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY City of Renton FOR King County Executive Signature Date NAME (Please type or print) Date Approved as to Form OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY PHSKC Contract# D37986D - Local Hazardous Waste Management Program Now lone SKCDPH-Agency BP 13 of 13 EXHIBIT I D37986D MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM FOR 2008 ACTIVITIES The Local Hazardous Waste Management Plan (hereafter referred to as the "Plan") as updated in 1997, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the '`MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Renton will organize two citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, oil filters, antifreeze, batteries, CFCs and other materials if determined to be cost effective. The City will also provide a minimum of 30, one-hour, household hazardous waste reduction workshops to grades 1-6. The City will develop, produce and install up to five educational signs regarding less chemical use on residential landscapes for the Integrated Pest Management Garden. Travel and related expenses incurred for one city member to attend LHWMP meetings and events will be reimbursed. Responsibilities of the Parties The responsibilities of the parties to this Contract shall he as follows: A. The City 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Contract Administrator: a) An invoice (see Exhibit ll). Invoices should be sent to the Contract Administrator for approval and payment. D:\Program Files\Nees ia.Com\Document Converter\temp\rentonn8.doc Iof3 b) A brief description of activity accomplished and funds expended in accordance with the scope of work. ,, c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names, a description of services provided, date paid and a check or warrant number. 3. The City shall notify the Contract Administrator no later than December 15`x' regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non- Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced — in part or in whole --with Program funds. The intent of this provision is to further strengthen this regional partnership in the puhlic's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Linda Knight at the City of Renton. 1055 South Grady Way, Renton, at (425) 430-7397, (IknighOci.renton.wa.us) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot he handled by the Contract Administrator should be referred to the LI-IWMP Program Administrator for resolution. B. Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract. the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within forty-five (45) days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall he done by written notification to the City providing the reason for such exception. '[he Contract Administrator D:\Program Files\Nee\ia.Com\Document Converter temp\i enton08.doc 2 ot will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. C. Program Contacts Liz Tennant Paul Shallow Acting LHWMP Program Administrator LHWMP Contract Administrator 150 Nickerson Street, Suite 100 401 Fifth Avenue, Suite 1 100 Seattle, WA 98109 Seattle, WA 98104 206-284-7974 206-263-8487 liz.tennantkingcounty.gov paul.shallow@kingcounty.gov D:\Program Files\Neevia.Com\Document Converter\temp\rentonO8.doc 3of3 EXHIBIT II 'ttuov Budget/Invoice LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: The City of Renton 1055 South Grady Way Renton, WA 98055 To: Paul Shallow, LHWMP Contract Administrator Seattle-King County Department of Public Health 401 Fifth Avenue, Suite 1 100 Seattle, WA 98104 Contract#D37986D Period of time: , 2008 to , 2008. In performance of a signed Contract between King County and the City of Renton, I hereby certify that the following expenses were incurred during the above-mentioned period of time. Signature Date Component Description Budget Current Expenses Previous Charges Balance Now 11HW Education $11,886.95 HH W Collection $6,500.00 Travel/Related Costs $11,000.00 TOTAL $29,386.95 For Health Department Use Only Local Hazardous Waste Management Program Approval: Paul Shallow Date Noe D:\Program Files\Neevia.Com\Document Com erter\temp\renton08.doc EXHIBIT III Nord Mission, Method and Expectations Public Health Program Activities Provided by Community Partners A. Mission ■ The overall mission of Public Health — Seattle & King County is to provide public health services that promote health and prevent disease to King County residents, in order to achieve and sustain healthy people and healthy communities. B. Method • One of the key methods that Public Health— Seattle & King County uses to support this mission and extend the reach of public health program activities is to engage in contractual partnerships with community based organizations. This partnering activity increases access to needed and mandated health services, and enables community partner agencies and the people they serve to benefit from service models that are informed by sound public health principles and practices. Community partner organizations, with the support of funds provided through this contractual relationship, extend Public Health's activities to promote population health, according to goals and outcomes determined under state and national performance standards. C. Expectations • Public Health expects that its community based contracting partners will perform contracted health services in accordance with the goals, performance measures, and accountability methods that are outlined in the program-specific exhibits that accompany this contract. • Public Health will provide professional and technical assistance to community partner organization program staff in order to support the development and maintenance of strong and effective program services. • Public Health and community partner organizations will collaborate in developing and performing program evaluation activities that will measure the effectiveness of program efforts, including efforts to measure the impact of program activities on the health status of residents of King County. CITY OF RENTON, WASHINGTON vow RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH. WHEREAS, the Seattle-King County Department of Public Health (the County) desires to have certain services performed by the City; and WHEREAS, the County has certain funds available to compensate the City for performing those services; and WHEREAS, the County is willing to provide the City with the sum of $29,386.95 for the calendar year 2008; and WHEREAS, it is necessary to document the scope of work and the requirements of the contract; 401600 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into a contract entitled King County Contract No. D37986D, King County Contract for Services with Other Governmental Institutions or Jurisdiction - 2008 for Local Hazardous Waste Management Program. p RESOLUTION NO. 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: NIS Lawrence J. Warren, City Attorney RES :7/30/08:jo CITY OF RENTON COUNCIL AGENDA BILL AI#: 6 „ Submitting Data: For Agenda of: August 18, 2008 Dept/Div/Board.. PW/Utility Systems/Solid Waste Staff Contact Linda Knight, ext. 7397 Agenda Status Consent X Subject: Public Hearing.. Interlocal Agreement - 2008/2009 Waste Reduction & Correspondence.. Recycling Grant Ordinance Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Interlocal Agreement for 2008/2009 Information Resolution Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $219,462 (2008/2009) Transfer/Amendment tilos,. Amount Budgeted $219,462 Revenue Generated $219,462 403/000000/018.5370.0060.10.000000 (2008/2009) 403/000000/018/5370.0060.41.000000 Total Project Budget $219,462 City Share Total Project.. $0 SUMMARY OF ACTION: The City of Renton is eligible to receive $219,462 in non-matching grant funding in 2008/2009 through the King County Solid Waste Division's Waste Reduction and Recycling Grant Program. This grant provides funding for the City's Special Recycling Events, Natural Yard Care Education, the Renton Reuse Event and Sustainable Collection Education. The grant allocation is $109,731 for 2008 and $109,731 for 2009. An interlocal agreement between the City and King County must be signed in order for the City to receive grant funds. STAFF RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to execute the King County Waste Reduction & Recycling Grant Interlocal Agreement, which provides a total of$219,462 in non- matching grant funding in 2008/2009 to implement Special Recycling Events, Natural Yard Care Education, the Renton Reuse Event and Sustainable Collection Education. H:\File Sys\SWU-Solid Waste Utility\SWU-08-KC Grants\SWU-08-0013-WRR-2008-2009\AB2008-09.doc/LKtp `SY O C.) 4z1) WORKS DEPARTMENT MEMORANDUM DATE: August 11, 2008 TO: Marcie Palmer, Council President Members of the Renton Cit Council VIA: Denis Law, Mayor FROM: Gregg ZimmermaQ• ministrator STAFF CONTACT: Linda Knight, Solid Waste Coordinator(ext. 7397) SUBJECT: 2008/2009 King County Solid Waste Division's Waste Reduction & Recycling Grant Interlocal Agreement ISSUE: Should Renton execute the Waste Reduction& Recycling Grant Interlocal Agreement with King County in order to receive a total of$219,462 in non-matching grant funding in 2008/2009 to implement waste reduction and recycling programs? RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to execute the King County Waste Reduction & Recycling Grant Interlocal Agreement, which provides a total of$219,462 in non-matching grant funding in 2008/2009 to implement Special Recycling Events, Natural Yard Care Education, the Renton Reuse Event and Sustainable Collection Education. BACKGROUND SUMMARY: King County Solid Waste Division(KCSWD) established a Waste Reduction and Recycling Grant Program for cities that participate in the King County Comprehensive Solid Waste Management Plan. This grant provides funding to further the development and enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs. In an effort to reduce unnecessary paperwork and staff time, and to increase program efficiency, the county combined two former grant programs, including the City Optional Program and the WR/R Program into one grant, now referred to as the Waste Reduction and Recycling Grant. The Waste Reduction and Recycling Grant offers cities more flexibility in the allocation of funding to projects that more closely align with cities' err+ Counci1\2008-2009 WRR Grant August 11,2008 Page 2 of 3 priorities for waste reduction/recycling and resource conservation projects. Projects of past grant programs provided by KCSWD were more narrowly defined. This new grant also authorizes the distribution of 2008 and 2009 funds, without requiring an amendment for 2009 funds. However, 2009 funds are not available until January 1, 2009, and only after County Council passes its 2009 budget. The Projects Renton's Solid Waste Utility began implementation of the Business Recycling Program in 1993 with funding from the Department of Ecology. The program continued through 2003 with funding from the King County City Optional Program and the Waste Reduction and Recycling Grant. The Business Recycling Program seeks to increase business and institution recycling, waste reduction and buy recycled activities through technical assistance. Contact with the business community through the Business Recycling Program has been very positive. Research has shown that commercial recycling rates fall when attention and technical assistance to business recycling declines. The City's sustained emphasis of the Business Recycling Program will continue to reinforce the positive waste reduction and recycling strategies that place Renton among the top commercial recycling performers. The Special Recycling Events (Recycling Days) have grown in popularity and the volume of materials recycled since their inception in 1990. These events serve over a thousand households each year. Recycling Days serve the community well and provide an opportunity for Renton residents to recycle a higher volume of materials while improving the appearance of their neighborhoods through the process of a general clean- up/recycle event. In 2003/2004, the county provided additional funding to Renton to expand the Recycling Days to unincorporated county customers who live just outside the Renton City limits. While we have never discriminated between City and unincorporated county customers, this additional funding allows us to recover all costs associated with serving this population. The additional allocation is applied directly to the Recycling Days, providing for increased per-dollar efficiency of the events while allowing the Solid Waste Utility the flexibility to fund other areas of need. The ReUse It! Renton (Stop & Swap) was piloted in 2005 under the Clean Sweep umbrella of projects aimed at neighborhood improvement. This popular program provides a venue for residents to bring unwanted but still useable household goods and construction materials. Residents in need of materials are invited to come and take useable materials home. This program not only diverts materials from the landfill but also fulfills a need of some of our community's most vulnerable populations. Through the Waste Reduction and Recycling Grant Program,the Solid Waste Utility continues its Natural Yard Care Program. Piloted in 2001,this program provides workshops to Renton area residents to teach them alternative yard care management strategies and provide them with appropriate tools to be successful. The goal of this program is to find an effective and sustainable method to teach Renton residents how to reduce their reliance on chemicals in the maintenance of their yards. Evaluation of the H:\File Sys\SWU-Solid Waste Utility\SWU-08-KC Grants\SWU-08-0013-WRR-2008-2009\issue0809.doc\LKtp Council\2008-2009 WRR Grant August 11,2008 Page 3 of 3 �„- program has indicated residents adoption of many of the strategies taught, leading ultimately to healthier landscapes. The 2008 strategy for the Natural Yard Care Program continues our outreach to residents through four seasonally targeted workshops available to any resident. In addition, staff will begin researching residential utilization of small landscape businesses and their management strategies. This research will assist staff in their development of an education and outreach plan to help these small businesses reduce their reliance on chemical maintenance tools and move them toward implementation of Integrated Pest Management strategies such as those taught to homeowners. CONCLUSION: The City of Renton is eligible to receive $219,462 in non-matching grant funding in 2008/2009 through the King County Solid Waste Division's Waste Reduction and Recycling Grant Program. This grant provides funding for the Special Recycling Events, Natural Yard Care Education, the Renton Reuse Event, and Sustainable Collection Education. The grant allocation is $109,731.00 for 2008 and $109,731.00 for 2009. An Interlocal Agreement between the City and King County must be signed in order for the City to receive grant funds. cc: Lys Hornsby,Utility Systems Director File '1�rr✓ H:\File Sys\SWU-Solid Waste Utility\SWU-08-KC Grants\SWU-08-0013-WRR-2008-2009\issue0809.doc\LKtp pyCONTRACT # D36985D INTERLOCAL AGREEMENT FOR 2008-2009 Between KING COUNTY and the CITY OF RENTON This two-year Interlocal Agreement (hereinafter referred to as the Agreement) is executed between King County, a political subdivision of the State of Washington, and the City of Renton, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This Agreement has been authorized by the legislative body of each party as designated below: King County Ordinance No. 2003-0462 City PREAMBLE King County and the City of Renton adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and direction. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this agreement as Exhibit B. Grant funding for this program is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be generously shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Renton by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. .444100 II. RESPONSIBILITIES OF THE PARTIES The responsibilities of the parties to this Agreement shall be as follows: �.► A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2008 shall not exceed $109,731. The City understands that even though this agreement is two years in duration, funding for this program is subject to the yearly budget approval process of the King County Council. 2. This agreement provides for distribution of 2008 and 2009 grant funds to the City. However, 2009 funds are not available until January 1, 2009, and 2009 funding is contingent upon King County Council approval of the 2009 King County budget. 3. During the two year grant program, the City will submit a minimum of two, but no more than eight, progress reports to the County in a form approved by the County. Reports must be signed by a city official. These reports will include: a) a description of each activity accomplished pertaining to the scope of work; and b) reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement, prepared by the city's finance department, that includes vendor name, description of service, date of service, date paid and check number. '41nw If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two year grant program, they shall be due to the County on the last day of the month following the end of each quarter - April 30, July 30, October 31, January' 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2010. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two year grant program, they shall be due to the County on January 31, 2009 and March 31, 2010. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5th working day of January 2009 and January 2010, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 3. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work, but no later than June 30, 2010. 2 4. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work *4,401 document related thereto. 5. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting process. 6. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 7. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 8. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 9. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County and/or by federal or state officials as so authorized by law. 10. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2012. 3 11. The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided .r.r courtesy of King County Solid Waste Division" and/or "text provided courtesy of King County Solid Waste Division." 12. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the piece. 13. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 14. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council's yearly budget approval process and that provision of funds for these events is not • guaranteed for the second year of the grant program. 15. This project shall be administered by Linda Knight, Solid Waste Coordinator. 1055 South Grady *to"`` Way, 5`�' Floor; Renton WA 98055; 425.430.7397; Iknight(a ci.renton.wa.us. or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's yearly budget approval process. Provided that the funds are allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of$5,000 per year with the balance of funds to be allocated according to the city's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. The City of Renton's budgeted grant funds for 2008 are $109,731. This includes $45,847 for providing Recycling Collection Events to residents of unincorporated King County that are included in the carrier routes as provided to the City by the County and as listed in Exhibit A. Unspent 2008 funds may be carried over to 2009, but 2009 funds will not carry over to 2010. 4 The City of Renton`s estimated grant funds for 2009 are $109,731. 2009 funds are not available until January 1, 2009, and 2009 funding is contingent upon King County Council approval of the 2009 King County budget. Following approval of the 2009 King County budget, the County's grant program administrator will notify the city of the final 2009 grant funding. Ngird 2. Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 3. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Renton" and/or "text provided courtesy of the City of Renton". 4. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 5. The waste reduction and recycling grant program shall be administered by Morgan John, a Project Manager, or designee, to be specified by the King County Solid Waste Division. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2008 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2008 and shall terminate on December 31, 2009. However, if execution by either party does not occur until after January 1, 2008, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2008 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II. A of the Agreement. IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice B. This Agreement may be terminated by either party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. `400." C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. V. AMENDMENTS This Agreement may be amended only by written agreement of both parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written or verbal request by the City and written or verbal approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against the County arising out of or incident to the City's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. �wr 6 VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. 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 he deemed to be 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 through written approval by the County, which shall he attached to the original Agreement. IX. TIME IS OF THE ESSENCE - The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 7 XL NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: Linda Knight City of Renton 1055 South Grady Way, 5th floor Renton, WA 98055 IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: City King County Accepted for King County Executive IY (Title) Theresa Jennings, Director *kw Department of Natural Resources and Parks For Ron Sims, King County Executive Date Date Pursuant to Pursuant to Ordinance No. 2003-0462 Approved as to form: Approved as to form: City Attorney King County Prosecuting Attorney Date Date 8 • King County Solid Waste WR/R Grant 2008 Scope of Work A. Basic Information I . City of Renton 1055 South Grady Way, 5111 floor Renton, WA 98055 2. Waste Reduction and Recycling Grant Program 3. Project Managers: Special Recycling Events Waste Reduction Recycling Waste Reduction Recycling Linda Knight, Solid Waste Coordinator Julie Pursell, Solid Waste Education Specialist (425) 430-7397 Spencer Orman, Solid Waste Education Specialist Il:niht(h)ci.renton.wa.us (425) 430-7396 FAX (425) 430-7241 'purse ll n)ci.renton.wa.us sormaniiki.renton.wa.US 4. TBD Non-Residential Program 5. Requested Funding: $63,884 (Cit\' allocation) $45,847 (County SRE allocation) $109,731 Total Special Recycling Event: $45,847.00 Waste Reduction/Recycling: $63,884.00 • Natural Yard Care: $10,000.00 • Renton Reuse Event $28,884,00 • Sustainable Collection Education $25,000.00 King County Solid Waste 2008 WR/R Grant October 31, 2007 Page 2 of 8 B. Scope of Work 1. Task: RENTON SPECIAL RECYCLING EVENT a. Project Manager: Julie Pursell, Solid Waste Education Specialist (425)430-7396, email:jpursell@ci.renton.wa.us b. Schedule: Spring and Fall 2008: May le & September 13th c. Program/Project Specifics: 1) Project Activities • Number of events: 2 • Materials to be collected at each event: • Ferrous metals Non-ferrous metals • Reusable household goods Textiles • Refrigerators & Freezers A Appliances (non-CFC) • Used motor oil* Concrete (excluding rebar) • Antifreeze* Automotive tires • Automotive batteries* NiCad batteries* • Clean wood Bulky wood waste • ''A collection fee will be charged for these items *Collection of these materials funded by a LHWMP grant • Other materials including, but not limited to, #2 and #4 plastic bags, #6 plastic food containers, and Styrofoam peanuts may be added dependent upon the availability of viable markets. • Education programs: Residents utilizing the event will receive educational materials that respond to commonly asked questions about waste prevention and recycling. Possible educational materials to be used include the County's appliance recycling brochure, a guide to local recycling outlets for secondary recyclables, and flyers about preventing waste and composting. • Event Promotion methods: The City will notify the public of the events through utility billing inserts, direct mail for County residents, the city's cable channel, the city's website, handouts at the local library and community center and through information printed in the City newsletter. • Event staffing: City staff, vendor staff and volunteers will be utilized in the operations for each event. Julie Pursell will manage the event and experienced volunteers will greet the public, screen materials, direct traffic through the site, and distribute educational materials. A City of Renton Police Officer will be in charge of traffic control. Staff working the event will be scheduled between 7:30 a.m. and 5:00 p.m. Because we require all staff to remain on-site for the duration of the event, the City will supply lunch and liquid refreshments. Norge C::Doctjmcnt.s and Settings johnin. _ocal I cmpoIm\ Intelnot I 1 C', ()I K I _!HS \1- Waste l ltii+ty ;tar t -td}s- K Grants-00 King County Solid Waste 2008 WR/R Grant October 31, 2007 Page 3 of 8 2) Project Evaluation: • Number of Vehicles: 500 vehicles at each event • Volume of each material collected: See Project Budget. • Event comments: Surveys may be utilized to evaluate the event. The evaluation report required by the County will be submitted as required in the Interlocal Agreement. Included in the evaluation report will be a comparison of the 2008 event totals versus 2007 event totals. 3) Project Budget: Spring 2008 Budget Category Estimated WRR funds LHWIVIP funds TOTAL Quantity COSTS City Staff: Project Manager, Other 253 hours $7,300.00 $7,300.00 Shops 40 hours $1,950.00 $1,950.00 Police Officer 8 hours $300.00 $300.00 Overhead W25% staff costs) $2,387.50 $2,387.50 Total 296 hours 511,937.50, $11,937.50 Collection/Hauling Costs: Wood Waste 5 tons $300.00 $300.00 Yard Waste (incl w/scrap metal) 12 tons Scrap Metal 25 tons $3,800.00 $3,800.00 Appliances (incl. w/scrap metal) 77 units/5 tons Included viscrap Tires 520 units/5 tons $1,000.00 $1,000.00 Batteries 223/4 tons $100.00 $100.00 Oil & Antifreeze 2 tons $3,000.00 $3,000.00 Concrete 55 tons $450.00 $450.00 Printing/Mailing Cost $4,000.00 $4,000.00 Event Supplies $650.00 $650.00 Other Expenses $786.00 $786.00 Total Costs $22,923.50 $3,100.00 $26,023.50 ( • I),icnn er ,, .::niluinc�,johnIn Local `,rhinos 1 c-mporar Internet Filcs.O1 K2.1 2008 ,covc.clocl-l:-I=ilc S\,, SVt t 1 -- otid 1A a;te l Itility-S1bt I-08-- KC-(0a+nts-2g08 tier}pe.doe/LK King County Solid Waste 2008 WR/R Grant October 31, 2007 Page 4 of 8 Project Budget: Fall 2008 Budget Category Estimated WRR funds LHWMP funds TOTAL 841eme Quantity COSTS City Staff: Project Manager, Other 253 hours $7,300.00 $7,300.00 Shops 35 hours $1,950.00 $1,950.00 Police Officer 8 hours $300.00 $300.00 Overhead 025% staff costs) $2,387.50 $2,387.50 Total 296 hours $11,937.50 $11,937.50 Collection/Hauling Costs: Wood Waste 5 tons $300.00 $300.00 Scrap Metal 25 tons $3,800.00 $3,800.00 Tires 520 units/5 tons $1,000.00 $1,000.00 Batteries 223/4 tons $100.00 $100.00 Oil & Antifreeze 2 tons $3,000.00 $3,000.00 Concrete 55 tons $450.00 $450.00 Printing/Mailing Cost $4,000.00 $4,000.00 Event Supplies $650.00 $650.00 Other Expenses $786.00 $786.00 Total Costs $22,923.50 $3,100.00 $26,023.50 '°-Itie Project Budget: Cumulative Totals for both Spring and Fall 2008 Budget Category Estimated COP funds L1-IWMP funds TOTAL COSTS Quantity City Staff: Project Manager 460 hours $14,600.00 $14,600.00 Shops 70 hours $3,900.00 $3,900.00 Police Officer 16 hours $600.00 $600.00 Overhead (@25% of staff costs) $4,775.00 $4,775.00 Total 546 hours $23,875.00 $23,875.00 Collection/Hauling Costs Wood Waste 30 tons $600.00 $600.00 Scrap Metal 70 tons $7,600.00 $7,600.00 Appliances (incl. w/scrap metal) 100 units Tires $2,000.002, $.000.00 Automotive Batteries 446/8tons $200.00 $200.00 Oil & Antifreeze 14 tons 6,000.00 $6,000.00 Concrete 140 tons $900.00 $900.00 Printing/Mailing Cost $8,000.00 . $8,000.00 Event Supplies $1,300.00 $1,300.00 Other Expenses $1,572.00 $1,572.00 Total Costs $45,847.00 $6,200.00 $52,047.00 C. Documents and Settim2,s iohnm Local Settin<_>s.femporar; Internet I'iles.01.K2:1 2008 scvpc.docld:--File-Sr-,, �\,I:-NOICI 1\i-Nti2 I it IIFH541'1 -44S- KC 1 irants-20.08 seopc.doQ/LK pirimmommillsolomollooloommummllr King County Solid Waste 2008 WRIR Grant October 3 I, 2007 Page 5 of 8 2. Task: ORGANICS—NATURAL YARD CARE PROGRAM a. Project Manager: Spencer Orman, Solid Waste Education Specialist Notri Phone: 425-430-7397 Email: sorman@ci.renton.wa.us b. Consultant: None c. Schedule: January 2, 2008 — December 31, 2008 d. Goal: To increase residential awareness of yard care management strategies that improves the health of the landscape while decreasing reliance on the City's curbside yard waste collection program. e. Program/Project Specifics 1) Background/History: In 1995 and 1996 the City implemented a residential compost program targeting food waste. This program was successful in recruiting and teaching 250 residents in the proper methods of composting food waste with worm bins. In 1997 the City began educating residents on yard waste composting and delivery of backyard compost bins. In 2001, the City conducted a Natural Lawn care pilot program in the Kennydale neighborhood. Working with the residents, the City conducted 4 workshops in resident's homes, targeting specific messages to encourage residents to manage their lawns in an ecologically friendly manner. Through 2005 the City continued with this program in two distinct neighborhoods and broadened the message to incorporate natural "yard" care strategies similar to the 2001 pilot. 2) Program Project Description The City will offer 2 seasonal natural Yard Care workshops to the general public. Information offered in the 2008 workshops may be expanded to cover topics not covered in 2007. Information gained from the City's research of English language learner landscape/garden professionals will be used to develop strategies to educate and promote Natural Yard care management strategies to these businesses. As in 2007, the City will make an effort to collaborate with others in the region with similar goals. The City will redevelop and install Natural Yard Care signage for the Integrated Pest Management(IPMM)Garden site. The [PM Garden serves as a passive education site to encourage residents to utilize natural yard care management strategies to improve their home landscapes and reduce their reliance on the yard waste collection system and non-sustainable landscape management practices. The [PM Garden may also be used as a demonstration venue for the Natural Yard Care workshops. 3) Deliverables: • 2 Seasonal Natural Yard Care workshops • Natural Yard Care Education & Outreach to English language learner landscape/garden professionals. • 2 — 5 Natural Yard Care signs for the City's IPM Garden 4) Expected Outcomes/Impacts: • Increase in Natural Yard Care strategies used by English language learner landscape/garden professionals. • Increase in Natural Yard Care strategies implemented by participants of Natural Yard Care workshops. ),,Crane!['. and ` cttings ohnm I uc, I ',cine,ti I cinporar_, In!crm i tics l)I K2 1 2008 ,Lopc.sluci t: Solid IAC'(,rants-2(}0,sc011- .rdc}c/LK • King County Solid Waste 2008 WR/R Grant October 3 I. 2007 Page 6 of 8 +gore 5) Evaluation: • 80% of workshop participants indicate an increase in knowledge from attending workshop 6) Budget: $10,000.00 City Staff Time & Overhead: $4,000.00 Staff Training: $ 500.00 Professional Services: $2,000.00 Supplies/tools: $3,500.00 .3. Task: RENTON REUSE EVENT—REUSE IT! RENTON a. Project Manager: Linda Knight, Solid Waste Coordinator Phone: 425-430-7397 Email: Iknightci ci.renton.wa.us b. Consultant: None c. Schedule: January 2, 2008— December 31, 2008 d. Goal: To divert materials from the landfill by providing an opportunity for residents to swap materials that still have a useable life. 1) Background/History: The City recognizes that waste prevention & recycling are the top waste management strategies in the solid waste hierarchy. The City's past residential programs have emphasized general education as well as behavior change programs including: backyard composting \workshops. natural yard care workshops, waste reduction pledge programs, and general recycling outreach. 2) Program Project Description: Under this task staff will plan and implement a one-day reuse event. The event will be held at a central location in the City. It will provide an opportunity for residents of the greater Renton community including unincorporated King County residents to exchange materials that still have some useful life, but are no longer of value to the original owner. Residents will be able to drop off furniture, toys, household goods, sports equipment, doors, windows, and other materials approved by Renton staff. Residents may also come to the e\ent to take home materials others have dropped off. Materials not claimed by the end of the event 1.k ill be recycled or land filled. Residents will be notified of this event through a direct mail campaign (using the same mail list as the Special Recycling events), ads placed in the local newspaper, and the City's website. Volunteers and city staff will staff the event. 3) Deliverables: • ReUse It! Renton, reuse exchange event 4) Expected Outcomes/Impacts: • Divert useful materials from the landfill 5) Evaluation: • Estimate of volume of materials diverted from landfill �rrw • Estimate of participants C:'Documents and Settings_johnin Local Settin12s_femporarsInternet Files`•.01 k2 12008 scope.doct t: =ile vs,;\\ 1; - otic! 4\Lj O.1-iti (fit-ant-s-2_10-0-8- e,3pe:dec;'LK :ter► King County Solid Waste 2008 WR/R Grant October 31, 2007 Page 7 of 8 6) Budget: $28,884.00 City Staff Time $ 5,000.00 Professional Services, Printing & $23,884.00 Distribution 4. Task: SUSTAINABLE COLLECTION EDUCATION a. Project Manager: Linda Knight, Solid Waste Coordinator Phone: 425-430-7397 Email: Iknightia?ci.renton.wa.us b. Consultant: None c. Schedule: March 1, 2008— December 31, 2008 d. Goal: To increase customer knowledge about strategies for sustainable collection of Garbage, Recycling, and Yard & Food Scraps 1) Background/History: The City's existing solid waste collection system is based upon weekly collection of three streams of materials including: source-separated recyclables, yard waste, and garbage. The City's current contract is set to expire in 2009. With this in mind, the City is interested in providing a broader array of collection opportunities while increasing the sustainability of its collection program through reduced collection, and efficiency measures such as semi-automated or automated collection of materials. The City anticipates negotiation and implementation of a new collection contract in 2008. 2) Program Project Description: This task will develop & distribute customer education material that addresses topics related to the Sustainable Collection Pilot the City implemented in 2007 in collaboration with the King County Solid Waste Division, Public Health-Seattle & King County, and Waste Management, Inc. Grant funds will be utilized to offset the costs of development and distribution of the Recycling/Yard & Food Scraps/Garbage Collection Guidelines that will be distributed to each single-family residential curbside customer(includes duplex). 3) Deliverables: Recycling/Yard & Food Scraps/Garbage Collection Guidelines (printed brochure) 4) Expected Outcomes/Impacts: The City will experience an increase in its Recycling and Yard Waste & Food Scraps Diversion Rates 5) Evaluation: The City will compare recycling and yard waste tonnage collected in 2007 to the 2008 annual total <uid Satin* loluun I oe,tl Sc! iiie,,, I emhordr\ Internet l iles Ol Imo' 1 2008 cetpc.doclf; f ile ~ SV'kl Solid 1 : Al -lid; - _'iJ4l113e .Itl:!LK King County Solid Waste 2008 WR/R Grant October 3 I. 2007 Page 8 of 8 6) Budget: S25,000.00 Nome City Staff Time $ 3,000.00 Professional Services $ 8,000.00 Printing& Distribution $14.000.00 I'l)CUments and SetiingS johninlocal Settings "I emporar\ Internet Filcs'OI .2)0ti scope.cluct-t=-I +te -'sok! {itihl. `341 (t8- irant±, 2008 ,:copc.doc/LK King County Solid Waste WR/R Grant 2009 Scope of Work A. Basic Information 1. City of Renton 1055 South Grady Way, 5th floor Renton, WA 98055 2. Waste Reduction and Recycling Grant Program 3. Project Managers: Special Recycling Events Waste Reduction Recycling Waste Reduction Recycling Linda Knight, Solid Waste Coordinator Julie Pursell, Solid Waste Education Specialist (425) 430-7397 Spencer Orman, Solid Waste Education Specialist 11:ni ,htiaci.renton.wa.us (425) 430-7396 FAX (425) 430-7241 jpurse ll(cki_renton.wa.us sorman(a`ci.renton.wa.us 4. TBD Non-Residential Program 5. Requested Funding: $63,884 (City allocation) $45,847 (County SRE allocation) Nord $109,731 Total Special Recycling Event: $45,847.00 Waste Reduction/Recycling: $63,884.00 Natural Yard Care• $ 5,000.00 Renton Reuse Event $28,884.00 Recycling and Yard& $25,000.00 Food Scrap Collection Education In-House Recycling $ 5,000.00 King County Solid Waste 2009 WR/R Grant October 31, 2007 Page 2 of 8 13. Scope of Work '4rrr 1. Task: RENTON SPECIAL RECYCLING EVENT a. Project Manager: Julie Pursell, Solid Waste Education Specialist (425)430-7396, email:jpurseWci.renton.vea.us b. Schedule: Spring and Fall 2009 c. Program/Project Specifics: 1) Project Activities • Number of events: 2 • Materials to he collected at each event: • Ferrous metals Non-ferrous metals • Reusable household goods Textiles • Refrigerators & Freezers ^ Appliances (non-CFC) • Used motor oil* Concrete (excluding rebar) • Antifreeze* Automotive tires • Automotive batteries* NiCad batteries* • Clean wood Bulky wood waste • ^A collection fee will be charged for these items *Collection of these materials funded by a LHWMP grant • Other materials including, but not limited to, #2 and #4 plastic bags, #6 plastic food containers, and Styrofoam peanuts may be added dependent upon the availability of viable markets. • Education programs: Residents utilizing the event will receive educational materials that respond to commonly asked questions about waste prevention and recycling. Possible educational materials to be used include the County's appliance recycling brochure, a guide to local recycling outlets for secondary recyclables, and flyers about preventing waste and composting. • Event Promotion methods: The City will notify the public of the events through utility billing inserts, direct mail for County residents, the city's cable channel, the city's website, handouts at the local library and community center and through information printed in the City newsletter. • Event staffing: City staff, vendor staff and volunteers will he utilized in the operations for each event. Julie Pursell will manage the event and experienced volunteers will greet the public, screen materials, direct traffic through the site, and distribute educational materials. A City of Renton Police Officer will be in charge of traffic control. Staff working the event will be scheduled between 7:30 a.m. and 5:00 p.m. Because we require all staff to remain on-site for the duration of the event, the City will supply lunch and liquid refreshments. C:\Documents and Settings\johnm\Local Settings\Temporary Internet Files\OLK24\2009 scope(2).doc/LK King County Solid Waste 2009 WR/R Grant October 31, 2007 Page 3 of 8 2) Project Evaluation: • Number of Vehicles: 500 vehicles at each event • Volume of each material collected: See Project Budget. • Event comments: Surveys may be utilized to evaluate the event. The evaluation report required by the County will be submitted as required in the interlocal Agreement. Included in the evaluation report will be a comparison of the 2009 event totals versus 2008 event totals. 3) Project Budget: Spring 2009 Budget Category Estimated WRR funds LHWMP funds TOTAL Quantity COSTS City Staff: Project Manager, Other 253 hours $7,300.00 $7,300.00 Shops 40 hours $1,950.00 $1,950.00 Police Officer 8 hours $300.00 $300.00 Overhead ((&25% staff costs) $2,387.50 $2,387.50 Total 296 hours $11,937.50 $11,937.50 Collection/Hauling Costs: Wood Waste 5 tons $300.00 $300.00 Yard Waste (incl w/scrap metal) 12 tons Scrap Metal 25 tons $3,800.00 $3,800.00 Appliances (incl. wiscrap metal) 77 units/5 tons Included 'scrap Tires 520 units/5 tons $1,000.00 $1.000.00 Batteries 223/4 tons $100.00 $100.00 Oil & Antifreeze 2 tons $3,000.00 $3,000.00 Concrete 55 tons $450.00 $450.00 Printing/Mailing Cost $4,000.00 $4,000.00 Event Supplies $650.00 $650.00 Other Expenses $786.00 $786.00 Total Costs $22,923.50 $3,100.00 $26,023.50 C:\Documents and Settings\johnin\Local Settings\Temporary Internet Files\OLK24\2009 scope(2).doc/LK King County Solid Waste 2009 WR/R Grant October 31, 2007 Page 4 of 8 Project Budget: Fall 2009 Budget Category Estimated WRR funds LHWIVMP funds TOTAL Quantity COSTS City Staff: Project Manager, Other 253 hours $7,300.00 $7,300.00 Shops 35 hours $1,950.00 $1,950.00 Police Officer 8 hours $300.00 $300.00 Overhead (@25% staff costs) $2,387.50 $2,387.50 Total 296 hours $11,937.50 $11,937.50 Collection/Hauling Costs: Wood Waste 5 tons $300.00 $300.00 Scrap Metal 25 tons $3,800.00 $3,800.00 Tires 520 units/5 tons $1,000.00 $1,000.00 Batteries 223/4 tons $100.00 $100.00 Oil & Antifreeze 2 tons $3,000.00 $3,000.00 Concrete 55 tons $450.00 $450.00 Printing/Mailing Cost $4,000.00 $4,000.00 Event Supplies $650.00 $650.00 Other Expenses $786.00 $786.00 Total Costs $22,923.50 $3,100.00 $26,023.50 Project Budget: Cumulative Totals for both Spring and Fall 2009 Budget Category Estimated COP funds LHWMP funds TOTAL COSTS Quantity City Staff: Project Manager 460 hours $14,600.00 $14,600.00 Shops 70 hours $3,900.00 $3,900.00 Police Officer 16 hours $600.00 $600.00 Overhead (( 25% of staff costs) $4,775.00 $4,77.5.00 Total 546 hours $23,875.00 $23,875.00 Collection/Hauling Costs Wood Waste 30 tons $600.00 $600.00 Scrap Metal 70 tons $7,600.00 $7,600.00 Appliances (incl. w/scrap metal) 100 units Tires $2,000.00 $2,000.00 Automotive Batteries 446/8tons $200.00 $200.00 Oil & Antifreeze 14 tons 6,000.00 $6,000.00 Concrete 140 tons $900.00 $900.00 Printing/Mailing Cost $8,000.00 $8,000.00 Event Supplies $1,300.00 $1,300.00 Other Expenses $1,572.00 $1,572.00 Total Costs $45,847.00 $6,200.00 $52,047.00 C:\Documents and Settings\johnm\Local Settings\Temporary Internet Files\OLK24\2009 scope(2).doc/LK 4rrn► King County Solid Waste 2009 WR!R Grant October 3 I. 2007 Page 5of8 2. Task: ORGANICS—NATURAL YARD CARE PROGRAM a. Project Manager: Spencer Orman, Solid Waste Education Specialist Phone: 425-430-7397 Email: sormanOci.renton.wa.us b. Consultant: None c. Schedule: January 2, 2009 — December 31, 2009 d. Goal: To increase residential awareness of yard care management strategies that improves the health of the landscape while decreasing reliance on the City's curbside yard waste collection program. e. Program/Project Specifics 1) Background/History: In 1995 and 1996 the City implemented a residential compost program targeting food waste. This program was successful in recruiting and teaching 250 residents in the proper methods of composting food waste with worm bins. In 1997 the City began educating residents on yard waste composting and delivery of backyard compost bins. In 2001,the City conducted a Natural Lawn care pilot program in the Kennydale neighborhood. Working with the residents, the City conducted 4 workshops in resident's homes, targeting specific messages to encourage residents to manage their lawns in an ecologically friendly manner. Through 2005 the City continued with this program in two distinct neighborhoods and broadened the message to incorporate natural "yard" care strategies similar to the 2001 pilot. 2) Program Project Description The City will offer 2 seasonal Natural Yard Care workshops to the general public. Information offered in the 2009 workshops may be expanded to cover topics not covered in 2008. 3) Deliverables: • 2 Seasonal Natural Yard Care workshops 4) Expected Outcomes/Impacts: • Increase in Natural Yard Care strategies implemented by participants of Natural Yard Care . workshops. 5) Evaluation: • 80% of workshop participants indicate an increase in knowledge from attending workshop 6) Budget: 5.5,000.00 City Staff Time & Overhead: $4,000.00 Staff Training: $ 500.00 Supplies/tools: $ 500.00 C:\Documents and Settings\johnm\Local Settings\Temporary Internet Files\OLK24\2009 scope(2).doc/LK King County Solid Waste 2009 WR/R Grant October 31, 2007 Page 6 of 8 3. Task: RENTON REUSE EVENT—REUSE IT! RENTON °irr' a. Project Manager: Linda Knight, Solid Waste Coordinator Phone: 425-430-7397 Email: (knight@ci.renton.wa.us b. Consultant: None c. Schedule: January 2, 2009— December 31, 2009 d. Goal: To divert materials from the landfill by providing an opportunity for residents to swap materials that still have a useable life. 1) Background/History: The City recognizes that waste prevention & recycling are the top waste management strategies in the solid waste hierarchy. The City's past residential programs have emphasized general education as well as behavior change programs including: backyard composting workshops, natural yard care workshops, waste reduction pledge programs, and general recycling outreach. 2) Program Project Description: Under this task staff will plan and implement a one-day reuse event. The event will be held at a central location in the City. It will provide an opportunity for residents of the greater Renton community including unincorporated King County residents to exchange materials that still have some useful life, but are no longer of value to the original owner. Residents will be able to drop off furniture, toys, household goods, sports equipment, doors, windows, and other materials approved by Renton staff. Residents may also cone to the event to take home materials others have dropped off. Materials not claimed by the end of the event will he recycled or land filled. Residents will be notified of this event through a direct mail campaign (using the same mail list as the Special Recycling events), ads placed in the local newspaper. and the GO,'s website. Volunteers and city staff will staff the event. 3) Deliverables: • ReUse It! Renton, reuse exchange event 4) Expected Outcomes/Impacts: • Divert useful materials from the landfill 5) Evaluation: • Estimate of volume of materials diverted from landfill • Estimate of participants 6) Budget: $28,884.00 City Staff Time $ 5,000.00 Professional Services, Printing& $23,884.00 Distribution 4. Task: SUSTAINABLE COLLECTION EDUCATION a. Project Manager: Linda Knight, Solid Waste Coordinator Nome Phone: 425-430-7397 Email: Iknight(c ci.renton.wa.us C:\Documents and Settings\johnin\Local Settings\Temporary Internet Files\OLK24\2009 scope (2).doc/LK King County Solid Waste 2009 WR/R Grant October 3 I, 2007 Page 7 of 8 b. Consultant: None c. Schedule: January 2, 2009— December 31, 2009 d. Goal: To increase customer knowledge about strategies for sustainable collection of Garbage, Recycling, and Yard & Food Scraps 1) Background/History: The City negotiated a new contract in 2008 that included new services including All-in-One Cart Recycling, and Yard Waste & Food Scraps recycling. Implementation included distribution of new collection containers and a variety of educational materials including a new guide to recycling booklet/brochure. 2) Program Project Description: This task will build on previous education and marketing efforts to encourage a higher level of recycling and waste reduction that complements the City's new collection program. The City will develop new marketing/education materials to be distributed to all single-family, curbside residential, and commercial customers to encourage them to continue to recycle all approved materials in the City's ne"A collection program. 3) Deliverables: • One single-family, curbside residential mailer—Topic: Increase your Recycling • One commercial recycling mailer—Topic: Increase your Recycling 4) Expected Outcomes/impacts: The City will experience an increase in its Recycling and Yard Waste & Food Scraps Diversion Rates 5) Evaluation: The City will compare recycling and yard waste tonnage collected in 2008 to the 2009 annual total 6) Budget: $25,000.00 City Staff Time $ 3,000.00 Professional Services $ 8,000.00 Printing& Distribution $14,000.00 5. Task: IN-HOUSE, CITY OF RENTON RECYCLING a. Project Manager: Julie Pursell, Solid Waste Education Specialist Phone: 425-430-7397 Email:jpursell@ci.renton.wa.us b. Consultant: None c. Schedule: January 2, 2009— December 31, 2009 d. Goal: To increase diversion of recyclables & compostable material through increased recycling opportunities and education C:\Documents and Settings\johnm\Local Settings\Temporary Internet Files\OLK24\2009 scope (2).doc/LK King County Solid Waste 2009 WR/R Grant October 31. 2007 Page 8 of 8 e. Program/Project Specifics 1) Background/History: Staff have participated in the City's In-House Recycling program since it's inception in 1989. In the early '90s, staff launched a campaign aimed at educating City staff about waste reduction strategies and encouraging them to recycle. Multiple opportunities exist throughout the City operations that provide for recycling of mainstream materials such as are collected through the City's curbside residential program, as well as composting of organic material collected through Parks operations. No significant effort has been made since the early 1990's to expand recycling, or educate staff. 2) Program Project Description The City conducted an assessment of existing recycling opportunities in 2007/2008. In addition, staff conducted a needs survey of all departments to gain an understanding of how materials are generated and where holes exist in the City's program. From this assessment, staff will re-develop the City's In-House recycling program that will include a host of opportunities to recycle more materials. In addition, a new waste reduction/recycling education program will be developed to encourage a greater level of staff participation. The education campaign will include new marketing materials that may include: email, newsletter articles, posters, flyers, brochures, and incentive materials. 3) Deliverables: • New In-House Recycling education campaign (tbd) Nape 4) Expected Outcomes/Impacts: • Increased diversion of recyclables. 5) Evaluation: • Number of opportunities to recycle in 2009 vs. 2007 • Diversion rates of City recyclables compared to 2007 6) Budget: $5,000.00 City Staff Time & Overhead: $2,500.00 Professional Services $1,000.00 Printing/Distribution $1,000.00 Supplies/tools: $ 500.00 C:\Documents and Settings\johnm\Local Settings\Temporary Internet Files\OLK24\2009 scope (2).doc/LK 2008-2009 WR/R Grant 2008 award $109,731.00 2009 award $109,731.00 Two-year total $219,462.00 Admin / Consultant/ Printing / One-year Total WRR Task Task Name Staff Supplies Contractor Distribution Funding Funding 1 Renton Special Recycling Event $ 47,750.00 $ 5,744.00 $22,200.00 $ 16,000.00 $ 91,694.00 2 Natural Yard Care Program $ 8,000.00 $ 5,000 00 $ 2,000.00 $ - $ 15,000.00 3 Renton Reuse Event - Reuse It Renton $ 10,000.00 $ 6,000.00 $ 41,768.00 $ 57,768.00 4 Sustainable Collection Education $ 6,000.00 $16,000.00 $ 28,000 00 $ 50,000.00 5 In House Recycling $ 2,500 00 $ 500 00 $ 1,000.00 $ 1,000.00 $ 5,000.00 6 $ - 7 $ - 8 - $ - Grand Total for 2008-2009 WR/R $ 74,250.00 $ 11,244.00 $47,200.00 $ 86,768.00 $ - $219,462.00 CITY OF RENTON, WASHINGTON N..► RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT FOR 2008-2009 BETWEEN KING COUNTY AND THE CITY OF RENTON FOR A WASTE REDUCTION AND RECYCLING GRANT. WHEREAS, King County and the City of Renton adopted the 2001 King County Comprehensive Solid Waste Management Plan which includes waste reduction and recycling goals; and WHEREAS, in order to help the City meet those goals, the King County Solid Waste Division has established a waste reduction and recycling grant program; and WHEREAS, the grant is for $109,731.00 for 2008 and an equivalent low amount for 2009, fora total 2 year grant of$219, 462.00; and WHEREAS, the City of Renton will utilize the grant funds to fulfill the terms and conditions set forth in the scope of work which is attached to the contract; and WHEREAS, is necessary to document the terms and conditions of the contract; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. RESOLUTION NO. SECTION II. The Mayor and City Clerk are hereby authorized to enter into a contract entitled King County Contract No. D36985D, Interlocal Agreement for 2008-2009 between King County and the City of Renton providing total grant funds to the City in the amount of $219,462.00 for waste reduction and recycling programs. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie I. Walton, City Clerk Nwie APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES :7/30/08:jo CITY OF RENTON COUNCIL AGENDA BILL AI#: (. 1 r Submitting Data: Public Works For Agenda of: Dept/Div/Board.. Utility Systems August 18,2008 Staff Contact Abdoul Gafour,x7210 Agenda Status Consent X Subject: Public Hearing.. Re-appropriation of 2008 Water Utility Operating Correspondence.. Budget Funds to Purchase a Vehicle from Development Ordinance Services for the Cross-Connection Control Program Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept X Fiscal Impact: Expenditure Required... $21,940.00 Transfer $21,940.00 From Acct. # (Intermittent Salary &Benefits To Acct.# to Machinery&Equipment account) Amount Budgeted $0.00 Revenue Generated N/A Total Project Budget $21,940.00 City Share of Project 100% SUMMARY OF ACTION: The Water Utility needs a dedicated vehicle for the Cross-Connection Control program and requests authorization to purchase one of the vehicles that was ordered for one of the 2008 approved Development Services positions. However, due to the decision to delay hiring certain open positions to reduce general fund expenditures,the Development Services position will not be filled this year and therefore,the vehicle would go unused. The Water Utility is proposing to reimburse the general fund for the vehicle, which would result in a savings of$21,940.00 for the general fund. The Water Utility requests Council's approval for the re-appropriation of funds, in the amount of $21,940.00, within the Water Utility's 2008 operating budget and authorization to purchase a vehicle for the implementation of the City's Cross-Connection Control program. The transfer from the Intermittent Salary and Benefits to the Machinery and Equipment line item, in the amount of$21,940.00, will not increase the approved total appropriation of the Water Utility 2008 operations budget. STAFF RECOMMENDATION: Approve the transfer, in the amount of$21,940.00, from the 2008 budget for Intermittent Salary and Benefits to the Machinery and Equipment budget and authorize the purchase of a vehicle from Development Services for the implementation of the City's Cross-Connection Control program. H:\File Sys\WTR-Drinking Water Utility\WTR-01 -General\agenda-bill-new-vehicle.doc\AGtp Y �ti,; ®0� PUBLIC WORKS DEPARTMENT • MEMORANDUM• DATE: August 11, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor• X76 Pi- FROM: Gregg Zimmerma ninistrator STAFF CONTACT: Abdoul Gafour, Water Utility Supervisor(ext. 7210) SUBJECT: Re-appropriation of 2008 Water Utility Operating Budget Funds to Purchase a Vehicle from Development Services for the Cross-Connection Control Program ISSUE: Should Council approve the re-appropriation of funds within the Water Utility's 2008 operating budget for the purchase of a vehicle from Development Services needed for the implementation of the City's Cross-Connection Control program? RECOMMENDATION: Approve the re-appropriation of funds, in the amount of$21,940.00, within the Water Utility's 2008 operating budget and authorize the purchase of a vehicle from Development Services for the implementation of the City's Cross-Connection Control program. BACKGROUND SUMMARY: The Water Utility is required by state law to implement a Cross-Connection Control program to protect the City's drinking water distribution system from contamination through cross connection with non-consumable substances. In April 2008, the Water Utility hired an Engineering Specialist/Cross Connection Control Specialist to fill an existing vacant position. A major element of a successful cross-connection control program is the inspection of all existing and new commercial, industrial businesses and residential City's water customers and to assess the backflow prevention needs to protect the water supply from potential contamination and pollution through the water meters. In addition to the inspection of backflow prevention devices, the cross-connection control specialist also verifies that all fire sprinkler systems are equipped with proper metering devices and billing accounts are set up, and that no unauthorized connections are made to the City's water system. �rrr► ' CouncilNehicle Funding August 11,2008 Page 2 of 2 The Water Utility needs to purchase a vehicle for the cross-connection control specialist Nivid to perform inspections and investigation duties and to respond to customers' requests for inspections in a timely manner. The Utility's pool cars are normally not available as often as required to fulfill these responsibilities due to the needs from other project managers and Utility Systems staff. The Water Utility requests authorization to purchase one of the vehicles that was ordered for one of the 2008 approved Development Services positions. However, due to the decision to delay hiring certain open positions to reduce general fund expenditures,the Development Services position will not be filled this year and the vehicle would go unused. The Water Utility is proposing to reimburse the general fund for the vehicle, which would result in a savings of$21,940.00 for the general fund. The Water Utility requests Council's approval of the reappropriation of funds within the approved 2008 Water Utility operating budget for the purchase of the vehicle, estimated at $21,940.00. The transfer will come from the 2008 Intermittent Salary and Benefits. There is no increase in the total approved appropriation in 2008. CONCLUSION: Since April 2008, the Water Utility has made tremendous progress in bringing the City's cross-connection control program in compliance with the requirements by the Department of Health. Council's approval of the transfer of funds for the purchase of a vehicle is necessary to continue inspection duties and to further protect the City's water Nod system from potential cross-connection control hazards. cc: Lys Hornsby,Utility Systems Director Mike Stenhouse,Maintenance Services Director JoAnn Wykpisz,PW Prin Fin and Admin Analyst File H:\File Sys\WTR-Drinking Water Utility\WTR-01 -General\Issue-Paper-new-vehicle.doc\AGtp f : CITY OF RENTON COUNCIL AGENDA BILL } AI#: . `,lig, Submitting Data: Public Works For Agenda of: August 18, 2008 Nile Dept/Div/Board.. Utility Systems Division/Surface Water Utility Staff Contact Ron Straka(ext. 7248) Agenda Status: Allen Quynn (ext. 7247) Consent X Subject: Public Hearing.. Can Road—Panther Creek Emergency Culvert Repair Correspondence.. Project Budget Transfer and Construction Contract Ordinance X Award Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Council Concur Legal Dept X . Finance Dept Other Fiscal Impact: Expenditure Required... $600,000 Transfer/Amendment $600,000 Amount Budgeted $0 Revenue Generated Total Project Budget $0 City Share Total Project.. SUMMARY OF ACTION: The design of the Carr Road—Panther Creek Emergency Culvert Repair project is 90 percent complete and the estimated construction costs are$462,000. The Surface Water Utility recommends transferring $600,000 from the approved 2008 Shattuck Ave Storm System Improvement project account (427.u65440), to the Carr Road—Panther Creek Emergency Culvert Repair project account (427.u65460). The funding for the Shattuck Ave Storm System Improvement project is included in the approved Surface Water Utility's 2007 Capital Improvement Program budget. In the interest of saving time due to the emergency nature of the project, the Surface Water Utility also recommends authorizing the Mayor to sign a construction contract with a contractor selected by the City that is deemed capable and willing to do the work provided the contract amount does not exceed$600,000. There are currently no funds budgeted in the Carr Road—Panther Creek Emergency Culvert Repair project. The transfer of$600,000 to the Can Road—Panther Creek Emergency Culvert Repair project budget account will result in a revised budget of$600,000. The funds will be used to cover the anticipated construction cost, staff costs, and contingencies. After the transfer, there will still be $200,000 left in the Shattuck Avenue Storm System Improvement project, which would be sufficient to allow construction to begin in late 2008. Re-appropriation of the transferred funds into the Shattuck Avenue Storm System Improvement project will be included in the proposed 2009 Surface Water Utility CIP budget. STAFF RECOMMENDATION: Approve the transfer of$600,000 from the Shattuck Avenue Storm System Improvement project account to the Can Road—Panther Creek Emergency Culvert Repair Project account and authorize the Mayor to sign the construction contact provided the amount does not exceed $600,000. C:\DOCUME-1\BWalton\LOCALS-1\Temp\budget transfer,agenda bill.doc\AQtp Y soli.► C.)ti,; ® n-> PUBLIC WORKS DEPARTMENT NT MEMORANDUM -cirrDATE: August 7, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman ministrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor (ext. 7248) Allen Quynn, Surface Water Utility Engineer(ext. 7247) SUBJECT: Carr Road—Panther Creek Emergency Culvert Repair Project Budget Transfer and Construction Contract Award ISSUE: Should the Council approve transferring $600,000 from the 2008 Shattuck Avenue Storm System Improvement project account to the 2008 Can Road—Panther Creek Emergency Culvert Repair project account and authorize the Mayor to sign a construction contract with a contractor selected by the City provided the contract amount does not exceed $600,000? RECOMMENDATION: Approve transferring $600,000 from the 2008 Shattuck Avenue Storm System Improvement project account to the 2008 Carr Road—Panther Creek Emergency Culvert Repair project account and authorize the Mayor to sign a construction contract with a contractor selected by the City provided the contract amount does not exceed $600,000. BACKGROUND SUMMARY: In March 2008, it was discovered that approximately 15 feet of the bottom of the outlet to a 78 - inch culvert under Can Road had rusted away, resulting in deformation of the pipe and scouring of the underlying soil. The slope above where the failed section of pipe has separated from the remaining 100 feet of pipe upstream has begun to subside resulting in a 2-3 foot deep sinkhole. Based on an assessment of the culvert, the damaged section of pipe downstream of the failed joint could fail at anytime resulting in failure of the north embankment supporting Carr Road. This could result in the loss of the sidewalk and outside lane of Carr Road. If the slope were to fail and block the culvert outlet, the high velocity flows from Panther Creek would continue to erode and weaken the stability of the embankment under Can Road and could result in the closure of Carr Road. Council/Carr Road Budget Transfer August 7,2008 Page 2 of 2 On April 14, 2008, Council approved a resolution declaring an emergency on behalf of vvistO the City of Renton permitting the immediate repair of damage to the culvert without the necessity of the public bidding process. In May 2008,the Mayor signed a contract with the engineering design consultant, R.W. Beck,to design a repair to the damaged culvert. The design contract was for $103,000 and is being funded through the approved 2008 Surface Water Utility Capital Improvement Program Misc./Emergency project account 427.U65404 ($50,000) and the Small Drainage projects account 427.U65015 ($273,000). The design of the culvert repair is 90 percent complete and it is anticipated that the final design and specifications will be competed by the end of August. The Surface Water Utility has been issued a fisheries permit(HPA) from the Washington State Department of Fish and Wildlife and is working with the US Army Corps of Engineers to obtain any required federal permits. The City is also working with impacted property owners to securing land rights necessary to construct the project. To cover the cost of the anticipated construction contract, staff costs, and contingency funds, the Surface Water Utility recommends the transfer of$600,000 from the 2008 approved 2008 Shattuck Avenue Storm System Improvement project account (427.u65440)to the Carr Road—Panther Creek Emergency Culvert Repair project account(427.u65460). The transfer of funds will increase the Carr Road—Panther Creek Emergency Culvert Repair project account from $0 to $600,000. After this transfer,there would still be $200,000 available to begin construction of the Shattuck Avenue Storm System Improvement project in late 2008. The Shattuck Avenue Storm System Improvement project is currently under design and scheduled for construction to begin either in later 2008 or early 2009. The request for re-appropriation of funding for the project construction will be included in the proposed 2009 Surface Water Utility CIP budget. Surface Water Utility also requests that Council authorizes the Mayor to sign a construction contract with a contractor selected by the City provided the contractor has demonstrated the capability to complete the work within the prescribed time and budget. CONCLUSION: Approve transferring $600,000 from the 2008 Shattuck Avenue Storm System Improvement project account to the 2008 Carr Road—Panther Creek Emergency Culvert Repair project account and authorize the Mayor to sign a construction contract with a contractor selected by the City provided the contract amount does not exceed$600,000. cc: Lys Hornsby,Utility Systems Director File H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3440 Carr Road-Panther Creek Emergency Culvert Repair Project\Budget\Budget Transfer Issue Paper.doc\AQtp CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE FISCAL YEAR 2008 BUDGET BY TRANSFERRING $600,000 WITHIN THE APPROVED SURFACE WATER UTILITY CONSTRUCTION FUND (427) FROM THE SHATTUCK AVE STORM SYSTEM IMPROVEMENT PROJECT EXPENDITURE ACCOUNT TO THE CARR ROAD — PANTHER CREEK EMERGENCY CULVERT REPAIR PROJECT EXPENDITURE ACCOUNT. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriations to the Surface Water Utility 2008 Capital Improvement Program (CIP) expenditure account for the Carr Road — Panther Creek Emergency Culver Repair Project and the Shattuck Ave Storm System Improvement Project account are hereby transferred as follows: Nolo 2008 2008 Original Budget Change Adjusted Fund Budget Budget (Expenditure Account) Can Road—Panther Creek Emergency $0 + $600,000 $600,000 Culvert Repair Project 427.u65460 (Expenditure Account) Shattuck Ave. Storm System Improvement $800,000 - $600,000 $200,000 Project 427.u65440 SECTION II. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. 1 I ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1497:8/l l/08:scr 2 1 CITY OF RENTON COUNCIL AGENDA BILL AI#: (. ,. 40 ISubmitting For Agenda of: itio Data: Dept/Div/Board PW/Utility Systems/Surface Water August 18, 2008 Staff Ron Straka, Surface Water Supervisor Agenda Status Contact (ext. 7248) Steve Lee, Surface Water Engineer (ext. 7205) Consent X Subject: Public Hearing.. Ordinance to Amend the 2008 Surface Water Utility Correspondence.. Budget to Appropriate Funds Received from FEMA for Ordinance X the Elliott Spawning Channel Rehabilitation Project and Resolution Maplewood Sedimentation Pond Maintenance Project Old Business Exhibits: New Business Issue Paper Study Sessions FEMA February 21, 2008 Letter for Package 75 Information FEMA May 16, 2008 Letter for Package 26 Ordinance Recommended Action: Approvals: Refer to Finance Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... Transfer/Amendment Awl Amount Budgeted Revenue Generated $337,132 Total Project Budget City Share Total Project SUMMARY OF ACTION: In November 2006 and December 2007, the City of Renton experienced federally declared flood disasters that caused flood related damages to the Elliott Spawning Channel and the Maplewood Sedimentation Pond. These facilities were constructed and are maintained by the City. FEMA approved the City's request for flood disaster funds in February and May of 2008 for Disaster Number 1671-DR-WA and 1734-DR-WA to repair these two damaged surface water structures. The 2008 Surface Water Utility Program 427 Revenue and Expenditure budget needs to be amended to include the available FEMA and State of Washington funding for repair of damages related to the November 2006 and December 2007 flood disasters, in the amount of$337,132. This amount includes $48,162 from the state. The City matching funds will be funded from the Surface Water Utility Capital Improvement Program (Fund 427). The matching needed for 2008 for both projects is appropriated in the approved 2008 budget for Fund 427. Additional matching funds for the Elliott Spawning Channel project will included in the proposed 2009 Surface Water Utility Capital Improvement Program budget for Fund 427 STAFF RECOMMENDATION: Approve an ordinance amending the approved 2008 Surface Water Utility Fund 427 Revenue and Expenditure budgets to accept funding, in the amount of$337,132, from FEMA and the State of Washington for repair of damages to the Elliott Spawning Channel and the Maplewood Sedimentation Pond related to the November 2006 and December 2007 flood disasters. C:\DOCUME-1\BWalton\LOCALS—1\Temp\080805-2008_AgendaBill BudgetOrdinance.doc\SLtp �ti`SY O� PUBLIC WORKS DEPARTMENT ' ® MEMOR ANDUM DATE: August 4, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor 1 1)1' r FROM: Gregg Zimmerman dministrator STAFF CONTACTS: Ron Straka, Surface Water Utility Engineering Supervisor Steve Lee, Surface Water Utility Engineer SUBJECT: Ordinance to Amend the 2008 Surface Water Utility Budget to appropriate funds received from FEMA for the Elliott Spawning Channel Rehabilitation Project and Maplewood Sedimentation Pond Maintenance Project ISSUE: Should City Council approve an ordinance amending the approved Surface Water Utility �rrr 427 fund revenue and expenditure budgets to accept funding, in the amount of$337,132, from the Federal Emergency Management Agency (FEMA) and the State of Washington for repair of damages related to the November 2006 and December 2007 flood disasters? RECOMMENDATION: Approve an ordinance amending the approved Surface Water Utility 427 fund revenue and expenditure budgets to accept funding, in the amount of$337,132, from FEMA and the State of Washington for repair of damages related to the November 2006 and December 2007 flood disasters. BACKGROUND SUMMARY: In November 2006 and December 2007, the City of Renton experienced both a 50-year storm event and a 100-year storm event that caused stormwater related damages to a couple of surface water facility previously constructed and maintained by the City. The November 2006 event caused the Cedar River to reach a Level IV flood warning with flows in the Cedar River at the Renton gage exceeding 6,000 cubic feet per second. This excessive flow resulted in the Elliott Spawning Channel's inlet berm being overtopped and inundated with main Cedar River flows. The large flows caused previously placed river gravels in the spawning channel to be sheared away, vegetation to be uprooted and displaced, large woody debris to be moved downstream, the inlet berm elevation to be Nowreduced a few feet, and avulsions to occur on the channel banks. In the December 2007 Council/Elliott Channel FEMA Funding August 4,2008 Page 2 of 3 storm event, record rainfall caused the Maplewood Sedimentation Pond to fill up with sediment carried from upstream areas. Erosion from upstream slopes and developments were deposited in the Maplewood Sedimentation Pond causing maintenance activities in that pond to be greatly accelerated. The Governor of Washington declared a state of emergency status for both the November 2006 and the December 2007 storm events that caused damages in the City of Renton. These emergency declarations allowed the City to request FEMA funding approval for both the Elliott Spawning Channel Rehabilitation Project and the Maplewood Sedimentation Pond Maintenance Project. FEMA approved these projects to be eligible for flood disaster funds in February and May of 2008 under the State Emergency Management Division's Public Assistance Program for Disaster Number 1671-DR-WA (Project #187) and 1734-DR (Project#219). The Surface Water Utility proposes to take the project management lead that will follow the required Washington State Public Assistance Applicant Manual Emergency Management Division guidelines in developing the rehabilitation plans, specifications, and bidding process for the projects. The State competitive public bidding process will be followed for both repair projects in order to receive FEMA funding. The FEMA funds will be used to fund the design permitting and construction of the repairs to the Elliott Spawning Channel and the Maplewood Creek Sedimentation Pond. Rehabilitating the Elliott Spawning Channel to original condition would repair the damages due to the flood to improve fish use in the channel and benefit habitat. The ' Elliott Spawning Channel was constructed to provide mitigation for the dredging of the lower 1.25 miles of the Cedar River and needs to be maintained into the future to meet mitigation requirements in order to perform future maintenance dredging, as required by the City's agreement with the U.S. Army Corps of Engineers for the original construction of the Section 205 Lower Cedar River Flood Hazard Reduction project. The Elliott Spawning Channel was providing a successful sockeye salmon use and production prior to the November 2006 storm event. The design and permitting of the Elliott Spawning Channel repair will start in the fall of 2008 with construction planned for the summer of 2009. The City matching funds needed for the2008 work is appropriated in the Surface Water Utility Capital Improvement Program in Fund 427 in Lower Cedar River Sediment Management project account (PA# U65185 —ACOE 205 Project). Additional City matching funds for the Elliott Spawning Channel project will included in the proposed 2009 Surface Water Utility Capital Improvement Program budget for Fund 427 The Maplewood Sedimentation Pond Maintenance project currently collects upstream deposited sediments and prevents the downstream Maplewood Creek from filling in with sediment that would cause flooding to occur downstream. Sedimentation pond maintenance was conducted during the summer of 2007, but the December, 2007, storm event deposited sediment into the facility from upstream and completely filled in the sediment storage with in the facility. The accumulated sediment in the facility needs to be removed prior to next flood season to insure the facility operates properly and prevents downstream flooding and damages on the Maplewood Golf Course. The project design , 40* l-l:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-9998 Elliott Channel 2006 FEMA Repair Project\1003 City Corr\080729-IssuePaper-BudgetOrdinance.doc\STLtp • Council/Elliott Channel FEMA Funding August 4,2008 Page 3 of 3 and permitting has been completed. Council awarded the project construction contract on July 21, 2008 and construction will be completed in September. The Surface Water Utility has sufficient funding appropriated in the approved 2008 Capital Improvement Program budget (Fund 427) in project account number U65015 — Small Drainage projects for 100% of the project. The FEMA funding for the Maplewood Sediment Pond maintenance will be used to fund 87.5% of the project, which will reduce the share of City funds needed for the project. There is sufficient funding in the approved Surface Water Utility CIP fund for required City matching associated with the project in project account number U65015. CONCLUSION: Approve an ordinance amending the approved 2008 Surface Water Utility Fund 427 Revenue and Expenditure budgets to accept funding, in the amount of$337,132, from FEMA and the State of Washington for repair of damages to the Elliott Spawning Channel and the Maplewood Sedimentation Pond related to the November 2006 and December 2007 flood disasters. cc: Lys Hornsby, Utilities Systems Director JoAnn Wykpisz, PW Principal Fin & Admin Analyst File `err✓ H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-9998 Elliott Channel 2006 FEMA Repair Project\1003 City Corr\080729-IssuePaper-BudgetOrdinance.doc\STLtp J, 1899 STATE OF WASHINGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION M5: TA-20 Building 20 Camp Murray, Washington 98430-5122 Phone: (253) 512-7000 FAX: (253)512-7200 February 21, 2008 Ms. Deborah Needham Emergency Management Director City of Renton 1055 South Grady Way Renton, WA 98057 RE: State No. E07-752 Disaster No. 1671-DR-WA FEMA No. 033-57745-00 Dear Ms. Needham: rrr� Transmitted herewith is your copy of Package No. 75 for the above referenced application, which has been approved in the amount of$286,864.38. Federal Share of this package is: $215,148.29 State Share of this package is: $ 35,858.05 City Share of this package is: $ 35,858.04 Total: $286,864.38 The Federal Emergency Management Agency (FEMA) will reimburse 75 percent of the eligible costs associated with your approved projects. The State of Washington will pay for 12.5 percent of the eligible nonfederal share costs, leaving the City responsible for the remaining 12.5 percent. Please note the required conditions on the attached Project Worksheet (PW) that have been highlighted. In addition, please note the established mandatory work completion date. If you do not agree with the determinations that have been made regarding project eligibility, time limits, funding, or any other determination made about the Project Worksheet, an appeal procedure requires the City to make a written request for appeal directly to this office. The appeal shall contain documented justification supporting the City's position, specifying the monetary figure in dispute and the provisions in federal law, regulation, or policy with which the City believes the initial action was inconsistent. Two copies of any related documentation supporting the appeal must be attached to the letter of appeal. This request for an appeal must be made within sixty days of the date of receipt of this package. Ms. Deborah Needham February 21, 2008 Page Two Enclosed please find blank A-19 Invoice Vouchers for your use in requesting progress Now payments on the large project in this package, Project Worksheet 187, Cedar River- Elliott Spawning Channel Repair. In addition, a Statement of Documentation and Final Inspection Report form is enclosed. This form is to be completed and returned to this office within sixty days of completion of the project. Upon receipt, a final inspection and review of the City's financial records on this project will be scheduled. When requesting a progress payment, please return the original invoice voucher with a letter of request and supporting documentation of expenditures, which has been dated and signed by you as the applicant agent to: Ms. Teresa Lewis Public Assistance Program Washington State Military Department Building 20-B/MS: TA-20 Camp Murray, WA 98430-5122 Please do not hesitate to contact Jon Holmes, Public Assistance Coordinator, at (253) 512-7429 or j.holmes(aemd.wa.gov should you have any questions regarding the approved Project Worksheet. Sincerely, Donna J. Voss `ow Deputy State Coordinating Officer Public Assistance DJV:amo Enclosures Mk 6 STATE 4 P4 os Jr S pS° 1809 --- STATE OF WASHINGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION MS: TA-20 Building 20 Camp Murray, Washington 98430-5122 Phone: (253) 512-7000 ® FAX: (253) 512-7200 May 16, 2008 Ms. Deborah Needham Emergency Management Director City of Renton 1055 South Grady Way Renton, Washington 98057 RE: State No. E08-825 Disaster No. 1734-DR-WA FEMA No. 033-57745-00 Dear Ms. Needham: Transmitted herewith is your copy of Package No. 26 for the above referenced application, which has been approved in the amount of$98,430.10. Federal share of this package is: $ 73,822.58 State share of this package is: $ 12,303.76 City share of this package is: $ 12,303.76 Total: $ 98,430.10 The Federal Emergency Management Agency (FEMA) will reimburse 75 percent of the eligible costs associated with your approved projects. The State of Washington will pay for 12.5 percent of the eligible nonfederal share costs, leaving the City responsible for the remaining 12.5 percent. The State share will be dispersed on any prior payments after the contract amendments have been signed. Please note the required conditions on the attached Project Worksheet (PW) that have been highlighted. In addition, please note the established mandatory work completion date. If you do not agree with the determinations that have been made regarding project eligibility, time limits, funding, or any other determination made about the Project Worksheet, an appeal procedure requires the City to make a written request for appeal directly to this office. The appeal shall contain documented justification supporting the City's position, specifying the monetary figure in dispute and the provisions in federal law, regulation, or policy with which the City believes the initial action was inconsistent. Two copies of any related documentation supporting the appeal must be attached to the letter of appeal. This request for an appeal must be made within sixty days of the date of receipt of this package. Ms. Deborah Needham May 16, 2008 Page Two Enclosed please find blank A-19 Invoice Vouchers for your use in requesting progress payments on the large project in this package, Project Worksheet No. 219, Maplewood Creek Debris Removal. In addition, a Statement of Documentation and Final Inspection Report form is enclosed. This form is to be completed and returned to this office within sixty days of completion of the project. Upon receipt, a final inspection and review of the City's financial records on this project will be scheduled. When requesting a progress payment, please return the original invoice voucher with a letter of request and supporting documentation of expenditures, which has been dated and signed by you as the applicant agent to the following address: Ms. Casey Gordon Public Assistance Program Washington State Military Department Building 20-B MS: TA-20 Camp Murray, WA 98430-5122 Please do not hesitate to contact Alysha Kaplan, Public Assistance Coordinator, at 253-512-7434 or a.kaplanemd.wa.gov should you have any questions regarding the approved Project Worksheet. Sincerely, Donna J. Voss Deputy State Coordinating Officer Public Assistance DJV:amo Enclosures CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2008 BUDGET BY INCREASING THE APPROPRIATIONS IN THE SURFACE WATER UTILITY FUND (FUND 427) REVENUE ACCOUNT AND EXPENDITURE ACCOUNTS IN THE AMOUNT OF $337,132 WITH FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE EMERGENCY MANAGEMENT DIVISION, AND THE STATE OF WASHINGTON, FOR THE REHABILITATION OF THE ELLIOTT SPAWNING CHANNEL AND MAPLEWOOD SEDIMENTATION POND MAINTENANCE PROJECT. WHEREAS, in November, 2006, and December, 2007, the city of Renton experienced both a 50-year storm event and a 100-year storm event that caused stormwater related damages to two surface water facilities that were constructed and maintained by the City; and WHEREAS, the November, 2006, event resulted in damage to the Elliott Spawning Channel's inlet berm; and WHEREAS, the December 2007 storm event caused the Maplewood Sedimentation Pond to fill up with sediment; and WHEREAS, the governor declared emergencies for both storm events and the city of Renton was eligible for grant funds from the Federal Emergency Management Agency; and WHEREAS, the city of Renton has successfully applied for grant funds from the Federal Emergency Management Agency for the rehabilitation of the Elliot Spawning Channel and the Maplewood Sedimentation Pond in the total amount of$337,132; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. Appropriations to the Surface Water revenue and expenditure accounts for the Elliott Spawning Channel Rehabilitation project and Maplewood Sedimentation Pond Maintenance project are hereby increased as follows: 2008 2008 Original Budget Adjusted Fund Budget Increase Budget (Revenue Account) Federal Emergency Management Agency 0 $337,132 $337,132 (FEMA) 427.000000.000.3330.0097.03.000006 (Expenditure Account: Elliott Spawning Channel Rehabilitation project) $0 $251,006 $251,006 427.018.5950.0038.63.000000 (U65465) (Expenditure Account: Maplewood Sedimentation Pond Maintenance project) $0 $86,126 $86,126 427.018.5950.0038.63.000000 (U65060) SECTION II. Funds are hereby added to the 2008 Surface Water revenue and Now expenditure accounts for the Elliott Spawning Channel Rehabilitation and Maplewood Sedimentation Pond Maintenance projects. 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 I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor 2 oimmaiiimasimmemir ORDINANCE NO. Approved as to form: '""'i Lawrence J. Warren, City Attorney Date of Publication: ORD. 1496:8/7/08:scr *400 3 APPROVED BY FINANCE COMMITTEE CITY COUNCIL COMMITTEE REPORT Date g 1I DD? August 18,2008 Cable Franchise Extension Public, Educational and Governmental (PEG)Access Fee (March 17, 2008) The Finance Committee supports the staff recommendation to approve a 19-cent per subscriber per month Public, Educational and Governmental (PEG) fee to be included as part of the cable television franchise extension; and recommends that this matter be referred to the Committee of the Whole for consideration on September 8. yam.. . -2,\ 'bon Persson, Chair Terri Brier , Vice Chair eh1111. Rich Zwicker, S • 'tute Member cc: -Bennie-Walton George McBride Neil Watts rev 01/05 bh CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR A GRANT TO ASSIST IN ORGANIC RECYCLING. WHEREAS, the City of Renton has competed a pilot project that involved comingling of food and yard waste for curbside collection; and WHEREAS, the City plans to add food waste to its residential curbside organics collection program in 2008; and WHEREAS,the State has funds available to assist the City in that effort; and WHEREAS, the State is willing to contribute 75% of the cost of such food waste recycling, or the amount of$70,251.00, provided that the City would be required to pay the remaining 25%; and WHEREAS, is necessary to document the terms and conditions under which this grant will be made available to the City; 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. warasswararrararawarataiwassraisastorassraor RESOLUTION NO. NIS SECTION II.The Mayor and City Clerk are hereby authorized to enter into an agreement with the State of Washington entitled State of Washington Department of Ecology and City of Renton Grant No. G0800602, Coordinated Prevention Grant Regular Cycle Agreement. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2008. *IS Denis Law,Mayor Approved as to form: Lawrence J. Warren, City Attorney RES :7/30/08:jo CITY OF RENTON, WASHINGTON *owe RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH. WHEREAS, the Seattle-King County Department of Public Health (the County) desires to have certain services performed by the City; and WHEREAS, the County has certain funds available to compensate the City for performing those services; and WHEREAS, the County is willing to provide the City with the sum of $29,386.95 for the calendar year 2008; and WHEREAS, it is necessary to document the scope of work and the requirements of the contract; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into a contract entitled King County Contract No. D37986D, King County Contract for Services with Other Governmental Institutions or Jurisdiction - 2008 for Local Hazardous Waste Management Program. RESOLUTION NO. 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 :7/30/08:jo CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT FOR 2008-2009 BETWEEN KING COUNTY AND THE CITY OF RENTON FOR A WASTE REDUCTION AND RECYCLING GRANT. WHEREAS,King County and the City of Renton adopted the 2001 King County Comprehensive Solid Waste Management Plan which includes waste reduction and recycling goals; and WHEREAS, in order to help the City meet those goals, the King County Solid Waste Division has established a waste reduction and recycling grant program; and WHEREAS, the grant is for $109,731.00 for 2008 and an equivalent amount for 2009, for a total 2 year grant of$219, 462.00; and WHEREAS, the City of Renton will utilize the grant funds to fulfill the terms and conditions set forth in the scope of work which is attached to the contract; and WHEREAS, is necessary to document the terms and conditions of the contract; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. momimiummormiiimmiiiimimmow RESOLUTION NO. SECTION II.The Mayor and City Clerk are hereby authorized to enter into a contract entitled King County Contract No. D36985D, Interlocal Agreement for 2008- 2009 between King County and the City of Renton providing total grant funds to the City in the amount of$219,462.00 for waste reduction and recycling programs. PASSED BY THE CITY COUNCIL this day of 2008. Bonnie I. Walton, City Clerk NoOf APPROVED BY THE MAYOR this day of 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES :7/30/08:jo I sf /€ao110 / /o CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE FISCAL YEAR 2008 BUDGET BY TRANSFERRING $600,000 WITHIN THE APPROVED SURFACE WATER UTILITY CONSTRUCTION FUND (427) FROM THE SHATTUCK AVE STORM SYSTEM IMPROVEMENT PROJECT EXPENDITURE ACCOUNT TO THE CARR ROAD — PANTHER CREEK EMERGENCY CULVERT REPAIR PROJECT EXPENDITURE ACCOUNT. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriations to the Surface Water Utility 2008 Capital Improvement Program (CIP) expenditure account for the Carr Road— Panther Creek Emergency Culver Repair Project and the Shattuck Ave Storm System Improvement Project account are hereby transferred as follows: 2008 2008 Original Budget Change Adjusted Fund Budget Budget (Expenditure Account) Can Road—Panther Creek Emergency $0 +$600,000 $600,000 Culvert Repair Project 427.u65460 (Expenditure Account) Shattuck Ave. Storm System Improvement $800,000 - $600,000 $200,000 Project 427.u65440 SECTION II. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. 1 — rr�rrr. ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1497:8/11/08:scr 2 e wto 14, al t ao u. 6L 1, 11kr F 0 Au.gu.st 12, 2002 Covv.wattee MeetL.vi,Ss ilities Committee -Thtrs.,8/21/08, 2:00 pm, Council Conference Room - (Zwicker) Water District System Storage Study ,/ _._. Planning & Dev'6lopment Committee - Thurs., 8/21/08, 3:00 p , Council Chambers -wicker) Jr-Nicholson Light Trespass Appeal Chamber! Sunset Mixed-Use Appeal Transportation Corrhmittee -Thus., 8/21 0/8 4:00 pm, Council Conference Room - (Corman) Airport Layout Plan Agreement reFerrca s/i 820 Building Demolition Project 3/3 fiAirport DMJM Harris Contract - Construction Management Services til .t Patti Request for Speed Limit Increase at 116th Ave. SE 3/10 Jones Road Sidewalks riefing --, L 6)'Shattuck �StormwaterrBB riefing ncil IIo1'eetings - Mdn., 8/25/61-(Palmer) iro Meetings - Council Holiday )ransportefron Committee -Thurs., 8/28/08 - (Corman) ancelled Ih0frnear eetings - M nod , 9/1/08 -(Palmer) Meetings - Labor Day Holiday ilities G6mmittee -Thu 9/4/08 Zwicker) ancelled - ---- Planning & Development Committee - Thurs., 4/08 - (Zwicker) inincelled Finance Committee - Mon., 9/08/08, 4:00 , Council Conference Room - (Persson) ,Vouchers •/.2(FEMA Grant omunity Services Committee - Mon., 9/08/08, 4:30 pm, Council Conference Room -(Briere) L2 m unicipal Arts Commission Appointments (Gower, Van Doren and Zullig) Library Board Appointment (Bailey) Committee of the Whole - Mon., 9/08/08, 5:00 pm, 7th Floor Conferencing Center- (Palmer) Annexation Update able Franchise Renewal utheran Compass Center Veteran's Housing Aer 2nd Quarter Financial Update