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HomeMy WebLinkAboutCouncil 04/02/2007 AGENDA RENTON CITY COUNCIL REGULAR MEETING April 2, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: American Cancer Society Relay for Life 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 address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 3/26/2007. Council concur. tklbse b. Administrative, Judicial and Legal Services Department recommends acceptance of the 2008- 2013 City of Renton Business Plan. Refer to Committee of the Whole. c. Community Services Department recommends approval of an amendment to the lease with LSI Logic Corporation(LAG-00-002) for the 3rd floor of the 200 Mill Building to extend the lease for an additional year. Refer to Finance Committee. d. Court Case filed by the State of Washington seeking an order declaring that the property sought by condemnation petition, relating to the improvement of SR-167 and I-405, is necessary for public use. Refer to City Attorney and Insurance Services. e. Court Case filed on behalf of Alliance for South End by Peter L. Buck, Buck& Gordon, LLP, 2025 1st Ave., Suite 500, Seattle, 98121, requesting review of the land use decision made by the City of Renton regarding The Landing project(LUA-05-136). Refer to City Attorney and Insurance Services. f. Economic Development,Neighborhoods and Strategic Planning Department recommends approval to reduce the annexation application fee, from $2,500 to $500, for the proposed New Life - Aqua Barn Annexation; 240 acres in vicinity of Maple Valley Hwy. Council concur. g. Finance and Information Services Department recommends approval to amend the water utility balance searches fees by eliminating the $25 fee for Internet searches and reducing the fee for searches requested by fax, messenger, or letter from $50 to $25. Refer to Finance Committee. h. Finance and Information Services Department recommends approval to allow the City to claim its collection costs and attorneys' fees for the filing and foreclosure of liens for delinquent utility bills. Refer to Finance Committee. i. Technical Services Division requests final approval of the 15-year latecomer agreement(LA-06- 002) submitted by Vineyards Construction, LLC for sewer main extension along NE 7th Pl., and authorization to finalize the agreement per City Code. Refer to Utilities Committee. j. Transportation Systems Division recommends approval of Supplemental Agreement No. 8 to CAG-01-071, agreement with Perteet, Inc., for additional design work in the amount of$89,190 for the Maple Valley Hwy. (SR-169) Improvements Project Phase 2. Council concur. k. Transportation Systems Division recommends approval of a memorandum of understanding with the City of Mercer Island regarding interests related to the Renton Municipal Airport. Refer to Transportation (Aviation) Committee. (CONTINUED ON REVERSE SIDE) 1. Utility.Systems Division recommends approval of an agreement with Drainage District No. 1 of King County to accept$50,000 for the SW 34th St. Culvert Replacement project, and approval to add the funds to the 2007 Surface Water revenue and expenditure accounts for the project. Council concur. (See 9 for resolution and 9.a. for ordinance.) %kale m. Utility Systems Division requests approval of an agreement in the amount of$183,316 with Parametrix, Inc. for engineering services for the Ripley Lane N. Transportation and Storm System Improvement project. Refer to Transportation(Aviation) Committee. 7. CORRESPONDENCE 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: 2007 Neighborhood Grants(1st Round)*; Michael Chen Appointment to Planning Commission 9. RESOLUTIONS AND ORDINANCES Resolution: Agreement with Drainage District No. 1 of King County re SW 34th St. Culvert Replacement project (see 6.1.) Ordinances for first reading: a. Amend 2007 Budget by adding funds to 2007 Surface Water accounts for SW 34th St. Culvert Replacement project(see 6.1.) b. Amend 2007 Budget by increasing funds in Neighborhood Grant Program from Capital Project Fund balance(see 8.a.) Ordinance for second and final reading: Springbrook Wetlands Bank Fund creation& Park Memorial Fund change (1st reading 3/26/2007) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) CANCELLED • 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 I 1 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT I PM&9 PM t CITY COUNCIL April 2,2007 City Clerk Division Referrals COMMITTEE OF THE WHOLE 2008-2013 City of Renton Business Plan adoption CITY ATTORNEY AND INSURANCE SERVICES Court Case filed by the State of Washington Court Case filed on behalf of Alliance for South End FINANCE COMMITTEE Amendment to lease with LSI Logic Corporation for 3rd floor of 200 Mill Building Amending water utility balance search fees Delinquent utility bills lien filing fees collection MAYOR& CITY CLERK Agreement with Drainage District No. 1 of King County re: SW 34th St. Culvert Replacement project TRANSPORTATION (AVIATION) COMMITTEE Memorandum of Understanding with City of Mercer Island re: Renton Municipal Airport Agreement with Parametrix re: Ripley Lane N. Transportation and Storm System Improvement project UTILITIES COMMITTEE Vineyards Construction latecomer agreement for sewer extension along NE 7th Pl. ORDINANCES FOR SECOND AND FINAL READING 2007 Budget amend for SW 34th St. Culvert Replacement project(1st reading 4/2/2007) 2007 Budget amend for Neighborhood Grant Program (1st reading 4/2/2007) PUBLIC HEARING 4/23/2007—Vacation petition for portion of Index Pl. NE by A&D Quality Construction Company RENTON CITY COUNCIL Regular Meeting April 2, 2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; RANDY CORMAN; DON PERSSON; COUNCILMEMBERS MARCI PALMER; DENIS LAW; DAN CLAWSON. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER TERRI BRIERE. CARRIED. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; JAN CONKLIN, Engineering Plans Reviewer; ARNETA HENNINGER, Engineering Specialist III; CHIEF KEVIN MILOSEVICH, COMMANDER CHARLES MARSALISI and MANAGER PENNY BARTLEY, Police Department. SPECIAL PRESENTATION Karee Boone presented a video showcasing the American Cancer Society's Community Event: American Relay for Life event. The video highlighted their public awareness campaign to Cancer Society Relay For Life encourage people to donate time and money to the fight against cancer. Ms. Boone stated that approximately 33 teams and 500 participants raised over $125,000 in Renton last year. She concluded by introducing Jan Conklin and Arneta Henninger, City employees and Team Captains at this year's Relay for Life event to be held June 8th and encouraged everyone to join in the ceremonies. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: * The 11th Annual Hip Hoppin' Egg Hunt& Carnival for children ages six and under took place at the Renton Community Center on Saturday,March 31. Despite the rainy weather, over 600 children attended the event. • The 3rd Annual Community Garage Sale will be held at the Renton Community Center from 9:00 a.m. to 2:00 p.m. on Saturday, April 7. Over 60 vendors have already registered, but vendor space is still available. Admission is free for shoppers. For more information, call 425-430-6700 or visit www.rentonwa.gov. AUDIENCE COMMENT Victor Eskenazi, 17628 109th Ave. SE,Apt. H, Renton, 98055, expressed Citizen Comment: Eskenazi— concerns about traffic and parking impacts related to the projects being S Lake Washington Projects, developed at the south end of Lake Washington, including The Landing,the Traffic, Parking&Tax Seahawks training facility and the proposed King County Multipurpose Events Concerns Center. He stated that parking in the area has not been well planned and will become a major problem. Mr. Eskenazi also expressed concerns about the types of jobs the new developments would create. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL ALLOW THE SPEAKER THREE ADDITIONAL MINUTES. CARRIED. April 2,2007 Renton City Council Minutes Page 117 Continuing, Mr. Eskenazi voiced concern about the taxes for the projects. In conclusion, he asked that one person respond to his concerns and that these issues be addressed in the public arena. Councilmember Clawson stated that the City had taken a serious look at these concerns, and no commitments had been made regarding the events center. Mr. Clawson also stated that the property in question is zoned for development and short of purchasing the property,the area would be developed. Economic Development Administrator Alex Pietsch confirmed Councilmember Corman's statement that the new Seahawks facility only allows visitors during the month of August, and they will be shuttled to the facility. Mr. Pietsch suggested that people review the City's website to learn more about the King County Multipurpose Events Center proposal. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 3/26/2007. Council concur. 3/26/2007 AJLS: City of Renton Business Administrative,Judicial and Legal Services Department recommended Plan,2008-2013 acceptance of the 2008-2013 City of Renton Business Plan. Refer to Committee of the Whole. Lease: LSI Logic Corporation, Community Services Department recommended approval of an amendment to 200 Mill Bldg(3rd Floor), the lease with LSI Logic Corporation(LAG-00-002) for the 3rd Floor of the LAG-00-002 200 Mill Building to extend the lease for an additional year. Refer to Finance Committee. Court Case: State of Court Case filed by the State of Washington seeking an order declaring that the Washington, CRT-07-001 property sought by condemnation petition,relating to the improvements of SR- 167 and 1-405, is necessary for public use. Refer to City Attorney and Insurance Services. Court Case: Alliance for South Court Case filed on behalf of Alliance for South End by Peter L. Buck, Buck& End, CRT-07-002 Gordon, LLP, 2025 1st Ave., Suite 500, Seattle, 98121, requesting review of the land use decision made by the City of Renton regarding The Landing project (LUA-05-136). Refer to City Attorney and Insurance Services. Annexation: New Life—Aqua Economic Development,Neighborhoods and Strategic Planning Department Barn, Reduction of recommended approval to reduce the annexation application fee, from $2,500 to Application Fee $500, for the proposed New Life—Aqua Barn Annexation; 240 acres in the vicinity of Maple Valley Hwy. Council concur. Finance: Water Utility Balance Finance and Information Services Department recommended approval to amend Search Fees the water utility balance search fees by eliminating the $25 fee for Internet searches and reducing the fee for searches requested by fax, messenger, or letter from$50 to $25. Refer to Finance Committee. Finance: Delinquent Utility Finance and Information Services Department recommended approval to allow Bills Lien Filing Fees the City to claim its collection costs and attorney's fees for the filing and Collection foreclosure of liens for delinquent utility bills. Refer to Finance Committee. Latecomer Agreement: Technical Services Division requested final approval of the 15-year latecomer Vineyards Construction, Sewer agreement(LA-06-002) submitted by Vineyards Construction, LLC for sewer Extension (NE 7th P1), main extension along NE 7th Pl., and authorization to finalize the agreement per LA-06-002 City Code. Refer to Utilities Committee. April 2,2007 Renton City Council Minutes Page 118 CAG: 01-071, Maple Valley Transportation Systems Division recommended approval of Supplemental Hwy Improvements, Perteet Agreement No. 8 to CAG-01-071, agreement with Perteet, Inc., for additional design work in the amount of$89,190 for the Maple Valley Hwy. (SR-169) Improvements Project Phase 2. Council concur. Airport: Memorandum of Transportation Systems Division recommended approval of a memorandum of Understanding, City of Mercer understanding with the City of Mercer Island regarding interests related to the Island Renton Municipal Airport. Refer to Transportation (Aviation) Committee. Utility: SW 34th St Culvert Utility Systems Division recommended approval of an agreement with Drainage Replacement, Drainage District No. 1 of King County to accept $50,000 for the SW 34th St. Culvert District No 1 of King County Replacement project, and approval to add the funds to the 2007 Surface Water revenue and expenditure accounts for the project. Council concur. (See page 119 for resolution and page 120 for ordinance.) Utility: Ripley Lane N Utility Systems Division requested approval of an agreement in the amount of Transportation and Storm $183,316 with Parametrix, Inc. for engineering services for the Ripley Lane N. System Improvement, Transportation and Storm System Improvement project. Refer to Parametrix Transportation (Aviation) Committee. MOVED BY NELSON, SECONDED CLAWSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Community Services Committee Chair Corman presented a report Community Services recommending concurrence in the staff recommendation to approve the Committee following grant awards. EDNSP: 2007 Neighborhood 1. Heritage Garden Estates Homeowners Association—Continue to landscape Program Grants, Budget retention pond. Landscape southwest corner of entrance into the Amend neighborhood at SE 8th Pl., SE 7th Ct., and Beacon Way S. ($8,450). 2. Kennydale Neighborhood Association—Placement of a weatherproof kiosk near the intersection of N. 30th St. and Park Ave. N. Landscape with a suitable shrub or small tree planted on the east and west side of kiosk. The kiosk would measure 50-1/2"wide x 35"high x 12"deep ($1,072). 3. Liberty Ridge Homeowners Association—Project is located on NE 3rd St. and consists of removing scotch broom and other noxious weeds. Add topsoil for plantings and build berm plant bed. Plant approximately 36 (6'- 8' cedars, pines and maples) and 97 drought resistant hardy shrubs (burning bush, cotoneaster, wax myrtle and pampas grass). Install irrigation system and add gravel or other stone for meandering border areas ($22,281). 4. North Renton Neighborhood Association—Project is located on NE 3rd St. topsoil for plantings and build berm plant bed. Plant approximately 36(6' 8' cedars,pines and maples)and 97 drought resistant hardy shrubs(burning .. •, : . . - , . - and pampas grass). Install irrigation system and add gravel or other stone for meandering border areas ($6,890). The project consists of installing a neighborhood sign and landscaping at the junction of several major roads at the easterly boundary of the North Renton neighborhood. Fencing the area off behind the sign with a white picket fence to tie into the design of the house-shaped sign ($6,890). 5. Renton Hill Neighborhood Association—The residents of Renton Hill will dig holes and plant ten trees at Philip Arnold Park. Tree site locations to be determined by the Parks Department($2,750). 6. Sir Cedric Condominium Association—Enhance landscaping along- April 2,2007 Renton City Council Minutes Page 119 Lynnwood Ave. NE and Monroe Ave. NE with drought resistant plants ($3,507). 7. South Renton Neighborhood& Downtown Businesses—The project will consist of the South Renton Neighborhood Association, working in partnership with the Downtown Businesses, to do a spring clean up and plant assorted plants in containers in the Main Street Square($2,381). 8. Summerwind Homeowners Association—The project includes the construction of a 50' x 70' sports court, small play area, and park benches. Both the sports court and the play area will be professionally installed and maintained by the homeowners association ($25,000). The Committee also recommended approval of funding for the following administrative newsletter applications: 1. Highlands Community Association—Annual printing for a newsletter printed quarterly and distributed door-to-door and mailed($2,000). 2. North Renton Neighborhood Association—Annual printing of quarterly newsletter distributed door-to-door and electronically($900). The Committee further recommended that an ordinance be presented for first reading increasing the funding in the Neighborhood Grant Program by an additional $33,000 from the Capital Project Fund Balance, raising the$50,000 allocation to $83,000. This first round of applications total $75,231 and Council authorizes a second round of funding, ending September 28, 2007, with the remaining balance of $7,769. Discussion ensued regarding the North Renton Neighborhood Association project, and it was MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT AS AMENDED. CARRIED. (See page 120 for ordinance.) Appointment: Planning Community Services Committee Chair Corman presented a report Commission recommending concurrence in Mayor Keolker's appointment of Michael Chen to the Planning Commission for a three-year term expiring 1/31/200-7 2010. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT AS AMENDED.* Councilmember Palmer explained why she did not sign the report. She stated that Ms. Hadley was not reappointed to the commission because of absences and asked that there be clarification of expectations for all board and commissions members. *MOTION CARRIED. Councilmember Corman introduced Mr. Chen who discussed his experience and thanked Council for the opportunity to serve on the Planning Commission. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution #3870 A resolution was read authorizing the Mayor and City Clerk to enter into an Utility: SW 34th St Culvert interlocal agreement with Drainage District No. 1 of King County regarding the Replacement Project, Drainage SW 34th St. Culvert Replacement project. MOVED BY CLAWSON, District No 1 of King County SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. April 2,2007 Renton City Council Minutes Page 120 The following ordinances were presented for first reading and referred to the Council meeting of 4/9/2007 for second and final reading: Utility: SW 34th St Culvert An ordinance was read amending the 2007 Budget by increasing in the amount Replacement Project, Budget of$50,000 the funds in the Surface Water revenue account and expenditure Amend account pursuant to the SW 34th St. Culvert Replacement project interlocal agreement with Drainage District No. 1 of King County. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/9/2007. CARRIED. EDNSP: 2007 Neighborhood An ordinance was read amending the 2007 Budget by increasing the funding in Program Grants, Budget the Neighborhood Grant Program by an additional $33,000 from the Capital Amend Project Fund Balance,raising the initial $50,000 allocation to $83,000. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/9/2007. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance#5269 An ordinance was read creating a new fund titled"Springbrook Creek Wetlands Finance: Springbrook Creek Bank"and a new subfund under general fund titled"Park Memorial Fund"and Wetlands Bank Fund Creation, closing Fund 131 "Park Memorial Fund"under special revenue fund for the Park Memorial Fund Change year 2007. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Council President Nelson reviewed Renton School District announcements and School District: Activities activities, including: student achievements; scholarship winners; three elementary school Parent Teacher Associations (PTA) who will be entered into the PTA Membership Hall of Fame on May 5; and the $1,000 field trip grant from Target won by second grade teacher Harvey Sadis that allowed all of Cascade Elementary School's second grade class to participate in the Woodland Park Forest Explorers program. EXECUTIVE SESSION MOVED BY NELSON, SECONDED BY PALMER, COUNCIL RECESS AND ADJOURNMENT INTO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES TO DISCUSS POTENTIAL LITIGATION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 7:56 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 8:47 p.m. &-A.ru.+o j CdaLt t Bonnie I. Walton, CMC, City Clerk Recorder: Jason Seth April 2, 2007 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING April 2, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 4/9 Emerging Issues(Economic Development, (Nelson) 5:30 p.m. Transportation& Legislature); Six-Year Business Plan and Adoption; Council Policies *Council Conference Room* COMMUNITY SERVICES (Corman) FINANCE MON., 4/9 Vouchers; (Persson) 4:30 p.m. Fund Balance Reserves &Annual Capital Improvement Plan; Amend Utility Lien Filing Charges; Amend Water Utility Balance Search Fees; Lease with LSI Logic for 3rd Floor of 200 Mill Building PLANNING&DEVELOPMENT THURS., 4/5 CANCELLED (Briere) PUBLIC SAFETY (Law) TRANSPORTATION(AVIATION) WED., 4/4 Ripley Lane N. Transportation and Storm (Palmer) 4:00 p.m. System Improvement Project; Duvall Ave. Widening Project/Cooke Quit Claim Deed(briefing only); Agreement with WSDOT for I-405, I-5 to SR-169 Stage 1 Widening Project; Memo of Understanding with Mercer Island regarding Renton Municipal Airport UTILITIES THURS., 4/5 Vineyards Construction Latecomer (Clawson) 3:00 p.m. Agreement; Cost of Utility Service Study(briefing only) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. 2007 Sponsors r r ' Light the way to a cure! American Cancer Societ A ,1417-- Platinum: RelayFor Life Give a gift to the American Cancer Society and _ _ The American Cancer Society is "'� — keep the fire of hope burning with a luminaria the nationwide community-based lin _merican Ca cer satRelay pae Lrt in memory of someone lost to cancer,in honorRVA of someone still fighting,or inspecial recognition voluntary health organization b►_ ' • of someone who has beaten this disease. Complete dedicated to eliminating cancer h ', a. ;' ,"` ,�'y -. 4 :. ..,,. and return this form to the address below as a major health problem by ltr a ' • .. _ ', . - 1 (Note:To order more than one luminaria,please photocopy • *, 1: * # V this form.) God: preventing cancer,saving lives, ."II ,.N — _ � .41klipPE and diminishing suffering from ,, cer s��+ct Enclosed is my gift of$ , _ .... American can FOrL,f/ which will light a luminaria during the luminaria `, cancer,through research,educa- �c ' , Re/aye, I AMERICAN �'° " ',,• RELAY :;"1/ / ceremony at the American Caner Society = FOR Y .. , _ tion,advocacy,and service. , __.4vor- Relay For Life. Oi��t cods Date: 6/8/07 Time: 10 PM O In Honor of: *GREAT i CATERING For more information, please contact: American Cancer Society O In Memory of: Relay For Life of Renton Silver: 1-800-ACS-2345 June 8, 7 PM —June 9, 12 Noon, 2007 Valley Medical Center Renton Memorial Stadium Renton Reporter Karee Boone Renton, WA Name Renton, Address Bronze: or visit our website: City State ZIP Northwest Mobile Sound & Lighting .acsevents.arg/relay/wa/renton Phone( ) 1.800.ACS.2345 4 www.cancer.org Email • Hope.Progress.Answers.® Please make checks payable to RELAY FOR LIFE the American Cancer Society. Relay For Life of Renton American I American Cancer Cancer 728 134th St. SW,Suite 101 c> Society y Everett,WA 98204 Tear Here—> -_ y fa There is no finish line _ - fes Teaming Up for the Fight �. until we find a cure. _ 4. ---.. .. 1 t ~`i- One in three Americans will be diagnosed with ' IP� ..; , Hope Lights the Way - g # cancer in their lifetime.The American Cancer " ► , rWhen the sun goes down,hundreds of luminaria On the Right Track Society Relay For Life gives everyone the oppor- Aiy _ light the way under the stars to remember those Your involvement with Relay For Life supports tunity to fight back and to make a difference in ' lost to cancer,those fighting cancer,and those lifesaving American Cancer Sociert programs the battle against cancer. *-' "' who have fought cancer and won. This ceremony Y and services. i , Teams come from businesses,clubs,families, of light symbolizes the hope and perseverance • Comprehensive cancer information is available friends,hospitals,churches,schools,and service with which we all continue to fight. P 24 hours a day,seven days a week,through organizations. Be part of a Relay team and What is Relay? 1.800.ACS.2345 or wwwcancer.org. make a difference! Honor Survivors largestnonprofit, For more information about Relay For Life, Relay For Life is a community gathering where • The Societyis the source of everyone can participate in the fight against Please join us as our honorary guest in the nongovernmental cancer research funding complete and return this form to the address cancer.Teams of people camp out at a local Survivors Lap,which begins Relay For Life. in the US, investing about$130 million each listed on the back side of this form.(Check all high school,park,or fairground and take turns Your strength and courage help the community year. To date the Society has funded 39 that apply below) walking or running around a track or path. see that cancer survivorship is real-that we Nobel Prize-winning researchers. Each team is asked to have a representative on are making progress in the battle against cancer. the track at all times during the event- • We fight for lifesaving laws to increase feder- YES! I want to participate in Relay. because cancer never sleeps.Relays are an al research funding,reduce tobacco use,pro overnight event,up to 24 hours in length. mote early detection of cancers,improve 0 Learn more about forming a team access to care,and support cancer patients. Relay For Life brings together millions of people • 0 Information on survivor activities to raise moneyto helpprevent cancer,save A • The Society's services for cancer patients, A>�Q�}:_ r survivors,caregivers,and those who love 0 Volunteer to help with the event �'tt�il -..$1 4 v 'V'YK i �. fir . lives,and diminish suffering from the disease. VIP.- _'44c. , ' them include skin care and makeupclasses While you're raising much needed funds,you'll `" -A r; t" ,' O Learn more about becoming a sponsor for women facing cancer,peer support also be raising awareness of cancer prevention, ^ "`J '� ^ . groups,and programs,and resources for 0 Make a donation (enclosed)of$ early detection,treatment,and patient support. ' ' �' , ✓N practical assistance. Relay brings people together from all walks of ' - '.` ,Z4 . - 0 Other life with the common goal of eliminating cancer. , °' l i " ' °".a Name ( .cnedcan Cancer Sociat No matter who you are,there's a place for you at 01. Rela r�!f �! .j + " \w y For 17, Relay. Join us today! s„ @ll & Address rhvore•Celehr ...4 ni 0 -z 'ezeg ilk. ` ~ u r. Pliik. 4111114City State ZIP AF-445 Phone( ) The American Cancer Society Relay For Life represents the hope that ` +t" Email those lost to cancer will never be forgotten,that those who face cancer :a \ - Please make checks payable to will be supported,and that one day cancer will be eliminated. le- , .r` f. ' 4, /� the American Cancer Society. lty . t r'4' ) 3 ° . American Cancer Society •• Patient Services Schedule for King County January 2007- August 2007 Camp Goodtimes Camp Goodtimes West on Vashon Island is the Society's free, weeklong summer camps for children with cancer. These camps are equipped to handle the special needs of children undergoing treatment. June 24th— June 30th August 5th—August 11th Man to Man Support Group This group provides information about prostate cancer and related issues for men and their partners in a supportive atmosphere. Steven's Hospital Meets every 3rd Monday of the month @ 7pm Providence Everett Meets every 3rd Wednesday of the month @ 7pm Swedish Hospital Meets every 3rd Thursday of the month Look Good..Feel Better The Look Good Feel Better program teaches beauty techniques to women currently undergoing cancer treatment. Women receive a free makeover including tips on skin care, nail care and make- up. They are also taught about wigs, hats and turbans. Bellevue February 5th 6pm to 8pm Overlake Cancer Center April 9th 1pm to 3pm Overlake Cancer Center June 11th 6pm to 8pm Overlake Cancer Center August l3th 6pm to 8pm Overlake Cancer Center Burien February 12th 1pm to 3pm Highline Cancer Center May 14th 6pm to 8pm Highline Cancer Center Seattle February 20th(Tues) 6pm to 8pm Swedish Cancer Center February 26th 1pm to 3pm Puget Sound Cancer Center March 12th 1pm to 3pm Seattle Cancer Care Alliance April 9th 1pm to 3pm Gilda's Club April 16th 1pm to 3pm Seattle Cancer Treatment/Wellness Center April 17th (Tues) 6pm to 8pm Swedish Cancer Center i gloAmerican Cancer Society Seattle Cont'd June 11th 1 pm to 3pm Seattle Cancer Care Alliance July 9th 1pm to 3pm Gilda's Club June 19th (Tues) 6pm to 8pm Swedish Cancer Center July 16th 1pm to 3pm Seattle Cancer Treatment/Wellness Center August 14th (Tues) 6pm to 8pm Swedish Cancer Center Kirkland February 26th 1pm to 3pm Evergreen Hospital May 2lSt 1pm to 3pm Evergreen Hospital August 20th 1pm to 3pm Evergreen Hospital Renton March 5th 1 pm to 3pm Valley Medical Center June 18th 1 pm to 3pm Valley Medical Center Federal Way March 26th 1pm to 3pm St. Francis Hospital July 23rd 1pm to 3pm St. Francis Hospital Call our 24-hour hotline, NCIC (National Cancer Information Center) for further information regarding the following programs. This hotline is available 24 hours a day, 7 days a week. You can also access information on our website. 1 -800-ACS-2345 www.cancer.org Wigs and Prosthesis Bank Locations: Local American Cancer Society gift closets provide free wigs and free breast prostheses for women undergoing cancer treatment Call NCIC (1-800-ACS-2345) to schedule an appointment with a wig/prosthesis fitter at these areas: Swedish Cancer Institute Evergreen Hospital Overtake Cancer Resource Center Seattle American Cancer Society office Everett American Cancer Society office Highline Cancer Center Road to Recovery: The Road to Recovery program provides transportation to cancer patients. Volunteers drive cancer patients to and from treatment. Call NCIC (1-800-ACS-2345) to arrange for transportation to and from oncology treatments Based on volunteer availability Available for Monday— Friday oncology appointments Rooms for Life The rooms for life program provides free, temporary, non-medical housing for patients during treatment away from home. Call NC/C(1-800-ACS-2345) to see participating hotels and varying rates Reach to Recovery: The Reach to Recovery program is designed to help people cope with their breast cancer experience. Volunteers are breast cancer survivors who are trained to offer support at various points along the breast cancer continuum: diagnosis; decision making about treatment and its side effects; returning to a full active life, or confronting any long-term effects-including a possible recurrence of the disease. Call NCIC (1-800-ACS-2345) to get in touch with local breast cancer survivors for support Cancer Survivors Network The Cancer Survivors Network is available on the American Cancer Society Web site at www.cancer.org (bookmark www.acscsn.org). There are approximately 250 hours of pre-recorded content consisting of personal stories and discussions among cancer survivors and caregivers conducted in a radio talk-show format. In addition to the audio, transcripts of all pre-recorded content are also available on the Web site. Anyone may access this area of the CSN on the Web without registering. American Cancer Society Great West Division Research Grants in Effect January 2007 75 grants $33,410,878 t16 $5,129,500 - 18 gr. ts , Seattle,WA pi $1,521,000 - 1 grant 5 Pullman,WA ...cow,ID , Portland,el' 111. $717, 00 - 1 • ant Bozeman,NT 2 Eugene,'AR $3,8 /,878 - 7 grants $1,489,000 -2 .rant 0 gral.n5ts* j - 15 '''' ' -4,,p,c,,i• 7,..44,&.,,.. :i-;* 4 2 Larame,WY 2 1 Denver,CO,-1,.0 er— Boulder,uroraCO 2 CO-5 Salt Lake City,UT m..41-1c----5 2 Aurora, ND Greeley,CO-1 $3,227,0 $10,920,000 - 20 • rants Fort Collins,CO-2 *7 Utah,1 Mon a,1 Oregon,6 other slites Scottsdale,AZ Albuquerque, M ,,;te: ,r,:gf.;; Ph s: ix,AZ flf I $2,405,500 - 4 4 rants $4,144,000 - 7 ' rants 4 ,,, cson,AZ . We.q: , ,.., • RENTON CITY COUNCIL Regular Meeting April 2, 2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; RANDY CORMAN; DON PERSSON; COUNCILMEMBERS MARCI PALMER; DENIS LAW; DAN CLAWSON. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER TERRI BRIERE. CARRIED. CITY STAFF IN KATHY KEOLKER,Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; ZANETTA FONTES,Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; JAN CONKLIN, Engineering Plans Reviewer; ARNETA HENNINGER, Engineering Specialist III; CHIEF KEVIN MILOSEVICH, COMMANDER CHARLES MARSALISI and MANAGER PENNY BARTLEY, Police Department. SPECIAL PRESENTATION Karee Boone presented a video showcasing the American Cancer Society's Community Event: American Relay for Life event. The video highlighted their public awareness campaign to Cancer Society Relay For Life encourage people to donate time and money to the fight against cancer. Ms. Boone stated that approximately 33 teams and 500 participants raised over $125,000 in Renton last year. She concluded by introducing Jan Conklin and Arneta Henninger, City employees and Team Captains at this year's Relay for Life event to be held June 8th and encouraged everyone to join in the ceremonies. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: MVti * The 11th Annual Hip Hoppin' Egg Hunt&Carnival for children ages six and under took place at the Renton Community Center on Saturday,March 31. Despite the rainy weather, over 600 children attended the event. * The 3rd Annual Community Garage Sale will be held at the Renton Community Center from 9:00 a.m. to 2:00 p.m. on Saturday,April 7. Over 60 vendors have already registered,but vendor space is still available. Admission is free for shoppers. For more information, call 425-430-6700 or visit www.rentonwa.gov. AUDIENCE COMMENT Victor Eskenazi, 17628 109th Ave. SE,Apt. H, Renton, 98055, expressed Citizen Comment: Eskenazi— concerns about traffic and parking impacts related to the projects being S Lake Washington Projects, developed at the south end of Lake Washington, including The Landing,the Traffic,Parking&Tax Seahawks training facility and the proposed King County Multipurpose Events Concerns Center. He stated that parking in the area has not been well planned and will become a major problem. Mr. Eskenazi also expressed concerns about the types of jobs the new developments would create. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL ALLOW THE SPEAKER THREE ADDITIONAL MINUTES. CARRIED. �tiY O ADMINISTRATIVE, JUDICIAL, AND ;; ® + LEGAL SERVICES DEPARTMENT • i MEMORANDUM NT DATE: April 2, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: • The Community Services Department hosted the Flashlight Egg Hunt on March 30th at 8:00 p.m. at Liberty Park. Over 400 youth and teens ages 7 to 15 scrambled for plastic eggs filled with candy, prizes, and toys. After the event, approximately 250 teens ages 11 to 15 danced the night away at the teen dance at Renton Community Center. • The 11th Annual Hip Hoppin' Egg Hunt & Carnival for children ages 6 and under took place at the Renton Community Center on Saturday, March 31st. Despite the rainy weather, over 600 children attended the event. • The 3rd Annual Community Garage Sale will be held at the Renton Community Center from 9:00 a.m. to 2:00 p.m. on Saturday, April 7th. Over 60 vendors have already registered, but vendor space is still available. Admission is free for shoppers. For more information, call 425-430-6700 or visit www.rentonwa.gov. ti`SY O ADMINISTRATIVE, JUDICIAL, AND ® LEGAL SERVICES DEPARTMENT • • 1P2-7rNTO� MEMORANDUM DATE: April 2, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: • The Community Services Department hosted the Flashlight Egg Hunt on March 30th at 8:00 p.m. at Liberty Park. Over 400 youth and teens ages 7 to 15 scrambled for plastic eggs filled with candy, prizes, and toys. After the event, approximately 250 teens ages 11 to 15 danced the night away at the teen dance at Renton Community Center. • The 1 lth Annual Hip Hoppin' Egg Hunt & Carnival for children ages 6 and under took place at the Renton Community Center on Saturday, March 31st. Despite the rainy weather, over 600 children attended the event. • The 3rd Annual Community Garage Sale will be held at the Renton Community Center from 9:00 a.m. to 2:00 p.m. on Saturday, April 7th. Over 60 vendors have already registered, but vendor space is still available. Admission is free for shoppers. For more information, call 425-430-6700 or visit www.rentonwa.gov. CITY OF RENTON COUNCIL AGENDA BILL AI#: 6 . h . Submitting Data: For Agenda of: April 2, 2007 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Marty Wine, Asst. CAO, x6526 Agenda Status Consent X Subject: Public Hearing.. 2008-2013 City of Renton Business Plan Correspondence.. Ordinance Resolution X Old Business Exhibits: New Business Proposed City of Renton Business Plan 2008-2013 Study Sessions Resolution Information Recommended Action: Approvals: Refer to Committee of the Whole 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: Council's annual strategic planning workshop was held on February 28-March 1, 2007, where Council offered guidance and direction on a range of goals and objectives for the six-year period 2008-2013. The Administration has developed a draft 2008-2013 Business Plan reflective of City Council's direction for Renton's future. Changes to the Business Plan, and the resulting adopted plan, will guide Department actions, budget,planning and outcome management, and other future City initiatives. STAFF RECOMMENDATION: Adopt a resolution accepting the 2008-2013 City of Renton Business Plan kirre Rentonnet/agnbill/ bh Proposed City of Renton Business Plan 2008-2013 (revisions from 2006-2011 shown in highlighted text) Vision Renton—The center of opportunity in the Puget Sound Region where,)ami I it's;a l"i Deleted:businesses and families hu-;nes-c,thrive Mission The City of Renton,in partnership and communic atit n with residents,businesses, and schools, is dedicated to: Comment[CoR1]: Council wished to include the • Providing a healthy, welcoming atmosphere where citizens choose to live, raise communication and engagement of families,and take pride in their community residents in the mission statement.Is this • Promotingplannedgrowth and economic vitalitythe best way to incorporate the spirit of that conversation? • Creating a positive work environment • Meeting service demands through innovation and commitment to excellence Business Plan Goals Promote citywide economic development • Promote Renton as the progressive,opportunity rich city in the Puget Sound region • Capitalize on growth opportunities through bold,and t.re:r,,\c economic Deleted:thinking and aggressive development strategies • Recruit and retain businesses to ensure a dynamic,diversified employment base • Continue redevelopment efforts Downtown, in the Highlands,and South Lake Washington ver.. Promote neighborhood revitalization • Support the vitality and positive appearance of neighborhoods through community involvement Comment[COR2]:Desire for • Encourage and partner inthe cjevcloTm nt of quality housing choices for people increased focus on appearance andcleanliness of city of all ages and income levels Deleted:family-friendly • Ensures the safety,health and security of citizens through effective service Comment[cogs]: delivery Council stated through zoning,policies, fundi• Promote pedestrian and bicycle linkages between neighborhoods and community would like pRenton a programs they would to be a city that focal points accommodates everyone.This wording seems to adequately capture that sentiment. Manage growth through sound urban planning • Foster development of vibrant, sustainable, attract!t e, mixed-use neighborhoods Deleted:, in established urban centers Comment[CoR4]:This objective seems to capture the emphasis Council • Uphold a high standard of design and property maintenance throughout the City wanted to place on image and appearance • Provide a balance between housing and high quality jobs improvements • -Balance de\clopmental pressures with environmental protection Comment[CoR5]:Meant to address -- environmental strategies relating to water rights,surface water,urban forestry • \I1nc\ areas that want to become )art of Renton whale maipiawllill+e cllm:;lt ( It'. Deleted:Promote I'\1C:' IL't c Is ' Deleted: annexation where and w",it is in the best interest of Renton Meet the service demands that contribute to the livability of the community • Prioritize services at levels that can be sustained by revenue • Plan,develop and maintain quality services, infrastructure,and amenities • Respond to growing service demands while meeting the unique requirements of a diverse population through partnerships, innovation,and outcome management • Retain a skilled workforce by making Renton the municipal employer of choice Influence decisions that impact the City of Renton • Demonstrate leadership by developing and maintaining partnerships and investment strategies with other jurisdictions that improve services • Aggressively pursue transportation and other regional improvements and services that improve quality of life • Advocate Renton's interests through state and federal lobbying efforts CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE 2008—2013 BUSINESS PLAN. WHEREAS, the City Council annually adopts a Five-Year Business Plan; and WHEREAS, at the Council/Staff Retreat held February 28 and March 1, 2007, the Council reviewed the 2006—2011 Business Plan; and WHEREAS, the Council made the changes it believed were advisable in that Business Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: Nair SECTION L The above findings are true and correct in all respects. SECTION H. The 2008 —2013 Business Plan, a copy of which is attached hereto, is hereby adopted by the City Council as its Business Plan, subject to later amendment as the City Council sees fit. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Noire 1 RESOLUTION NO. Approved as to form: Nig Lawrence J. Warren, City Attorney RES.1256:3/27/07:ma ..0001 2 CITY OF RENTON COUNCIL AGENDA BILL IAI#: 6 . C . Submitting Data: For Agenda of: April 2, 2007 Dept/Div/Board: Community Services/Facilities Staff Contact: Peter Renner, Facilities Director Agenda Status Ext. 6605 Consent X Subject: Public Hearing. Lease Amendment with LSI Logic Corporation Correspondence. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Lease Amendment Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept x.... Finance Dept.x... Other Fiscal Impact: Expenditure Required... $2,627.19 Transfer/Amendment Amount Budgeted Revenue Generated Up to an additional $105,087.48 over the one-year life of the amended lease Total Project Budget City Share Total Project One-year SUMMARY OF ACTION: LSI Logic Corporation, previously doing business as Engenio Information Technologies, Inc., a tenant on the third floor of the 200 Mill Building, requested an amendment to their original lease, which ends April 30th, 2007. The amendment would extend the lease for an additional year with the right of termination after the first six months. The business terms of the proposed Lease Amendment have been favorably reviewed by our real estate team and by City staff. Business terms also include a brokerage fee of 2.5% to our Property Manager, GVA Kidder Matthews, for a total of$2,627.19. This cost will be paid from the Leased City Properties Fund. STAFF RECOMMENDATION: Approve an extension of the Lease with LSI Logic Corporation for the third floor of the 200 Mill Building and authorize the Mayor and City Clerk to sign amendment. H:\Peter Renner\Peter Renner 2007\AgBillLSILogic0307.doc 3/26/2007 10:22:46 AM (cY G)„ �� COMMUNITY SERVICES DEPARTMENT af;♦ � • MEMORANDUM DATE: March 26, 2007 TO: Randy Corman, Council President Members of the Renton City Council VIA: y' Kathy Keolker, Mayor FROM: Terry HigashiyamCommunity Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext. #6605 SUBJECT: Lease Amendment with LSI Logic Corporation Issue: Should the Council authorize the Mayor and the City Clerk to sign a Lease Amendment with LSI Logic Corporation for space on the third floor of the 200 Mill Building? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Amendment. Background: • LSI Logic Systems, formerly Engenio Information Technologies, Inc., and then doing business as Syntax Systems Inc., signed an original five-year lease with the City for the full third floor of the 200 Mill Building(6,005 rentable square feet) in April 2000. The lease was structured as a full-service lease, with the City providing all utilities, custodial and janitorial services, and property insurance inclusive in the rent. • In 2005, their exact business unit plans being unknown, Engenio requested an amendment to the lease to extend the original lease agreement for a one-year period, with a right of early termination after six months. • In 2006, that process was repeated. LSI Logic Corporation is now requesting another amendment with the same terms and conditions. • The business points of the proposed amended lease are as follows: o Rent will continue at its current amount of$8,757.29 per month. o The lease rate is $17.50 per square foot. This rate is somewhat above current market rates but consistent with such a short-term agreement. o The brokerage fee of$2,627.19 would be payable from the Leased City Properties Fund 108. o In the event of early termination the tenant will repay the unamortized portion of the brokerage fee. o There are no other change requests. ,•r► Conclusion: Cooperatively extending LSI's lease term for up to a one-year period meets their business **000 needs and provides the City with continuing cash flow. The one-year term also provides the necessary planning flexibility for future City use of the property. cc: Jay Covington,Chief Administrative Officer Michael Bailey,Finance&IS Administrator Larry Warren,City Attorney H:\Peter Renner\Peter Renner 2007\InfoPaperLSlAmend0306.doc 3/26/2007 10:32:46 AM C ® PY i... THIRD AMENDMENT TO LEASE This Third Amendment to Lease(the"Third Amendment")is entered into as of this_day of February 2007 by and between The City of Renton, Washington,a Washington municipal corporation("Landlord")and LSI Logic Corporation, formerly known as Engenio Information Technologies, Inc.,a Delaware corporation("Tenant"),with reference to the following recitals. A. On or about April 5,2000 The City of Renton, Washington, a Washington municipal corporation("Landlord")and Tenant's predecessor,LSI Logic Corporation(f/k/a Syntax Systems Inc.,a Washington corporation)entered into an Office Lease(the"Original Lease")for that certain premises commonly know as Suite 300(the Original Premises")located on the third floor of the 200 Mill Avenue South,Renton, Washington(the"Building"). LSI Logic Storage Systems,Inc. was renamed to"Engenio Information Technologies,Inc"on May 6,2004. On December 29,2006,Engenio Information Technologies,Inc. was merged into LSI Logic Corporation. Engenio Information Technologies,Inc. assigned this Agreement to LSI Logic Corporation which has assumed the all rights and duties of Engenio Information Technologies,Inc. The Lease was amended by the First Amendment to Lease dated March 30,2005,and Second Amendment to Lease dated on or about April 15th,2006. The Original Lease and First Amendment are hereinafter referred to as the"Lease". Pursuant to the Lease,Tenant now leases Suite 300 comprising approximately 6,005 rentable square feet in the Building(the"Premises"). Nrr B. Tenant and Landlord hereby agree to extend the Term of the Original Lease and define the Minimum Monthly Rent defined in Article 1 (i)of the Original Lease. C. Landlord and Tenant wish to amend the Lease on the Lease on the terms and conditions set forth below. NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. "Extension of Lease Term." Effective upon full execution of this Third Amendment to Lease,the Term of the lease shall be extended by twelve months from May 1,2007 to April 30,2008. The Expiration Date shall be April 30, 2008. 2. "Minimum Monthly Rent" Effective May 1,2007,the Minimum Monthly Rent shall be$8,757.29 per month,payable in accordance with Article 5 of the Original Lease. Tenant shall continue to pay the scheduled Minimum Monthly Rent through April 30, 2008. Period Monthly Amount May 1,2007—April 30,2008 $8,757.29 per month Now, C ® PY 3. "Termination Option" . Notwithstanding anything to the contrary contained in this Lease Amendment,Tenant shall have the right to terminate the Lease after the 6th month of the Extended Term(after 10/31/07)by providing Landlord , 4.004 written notice of lease termination, and a Termination Payment equal to the unamortized cost of brokerage fees related to this transaction,amortized at eight percent(8%)over the 12 month term, at the time notice of termination is provided to Landlord. Example, if Tenant provides written notice to terminate the lease,and the Termination payment on November 20,2007,the Lease shall terminate at the conclusion of three months and any partial month(in this case, February 28, 2008— part of the month of November, December,January and February of 2008), after notice of termination is submitted and received by Landlord. In the event notice is not received,the lease shall remain in full force and effect through the Expiration Date,April 30,2008. 4. "Improvements." Tenant hereby accepts the Premises on an"as is,where is" basis with no obligation of Landlord to provide any tenant improvements to the Premises. 5. "Notices". All notices pursuant to the Lease for Tenant,effective May 1, 2007 shall be sent to the following address: LSI Logic Corporation, formerly known as,Engenio Information Technologies, Inc.,a Delaware corporation, 1621 Barber Lane,M/S AD249,Milpitas,CA 95035,Attn: General Counsel 6. "Confidentiality." Tenant agrees not to disclose the terms and conditions of this Third Amendment to any person or entity other than its attorney, including,but ; not limited to the other tenants of the Building. Nothing contained in this section shall prevent Tenant from producing this Third Amendment in a legal proceeding if such production is legally required of tenant, Tenant acknowledges and agrees that it shall be responsible to Landlord for any damages Landlord may incur due to Tenant's breach of this section. 7. "Conflict." If there is a conflict between the terms and conditions of this Third Amendment and the terms and conditions of the Lease,the terms and conditions of this Third Amendment shall control. Except as modified by this Third Amendment,the terms and conditions of the Lease shall remain in full force and effect. Capitalized terms included in this Third Amendment shall have the same meaning as capitalized terms in the Original Lease unless otherwise defined herein. 8. "Authority". The persons executing this Third Amendment on behalf of the parties hereto represent and warrant that they have the authority to execute this Third Amendment on behalf of said parties and that said parties have the authority to enter into this Third Amendment. 9. `Brokers." Landlord and Tenant acknowledge that GVA Kidder Mathews represented the Landlord is this transaction. There are no other brokers that are a party to this transaction. C 0 � IN WITNESS WHEREOF,the parties hereby execute this Third Amendment as of the date first written above. LANDLORD The City of Renton, Washington,a Washington municipal corporation By: Kathy Keolker Its: TENANT LSI Logic Corporation, formerly known as, Engenio Information Technologies, Inc., a Delaware corporation By: . Its: Sxs. V,.p, o P etrap�c zl tq(o7 By: Its: LSI Logic Legal Department Date:February 14,2007 Approved as to form M BangWorkplace Solutions Date: 61.11M 0l CITY OF RENTON COUNCIL AGENDA BILL AI#: (Q , (�• 1/406.0 Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk April 2, 2007 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-07-001; Court Case Correspondence State of Washington vs. Virgil R. Fox & Carol A. Fox Ordinance and A. Bernard Conley& Ann L. Conley, all doing Resolution business as Longacres Joint Venture; Anchor Bank; Old Business Puget Western, Inc.; City of Renton; King County Drainage District No. 1; Puget Sound Energy; and King County Exhibits: New Business Summons and Condemnation Petition Study Sessions 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: Notice and Summons in Condemnation and Condemnation Petition filed in King County Superior Court by the State of Washington, which is seeking an order declaring that the property sought by the condemnation petition, relating to the improvement of SR-167 and I-405, is necessary for public use. CRY OF RENTON MAR 232007 1 CITY CLERKS OFFICE 2 3 4 5 6 7 THE HONORABLE JUDGE CAYCE 8 STATE OF WASHINGTON 9 KING COUNTY SUPERIOR COURT 10 STATE OF WASHINGTON, NO. 07-2-08991-8 KNT 11 Petitioner, NOTICE AND SUMMONS IN 12 CONDEMNATION vs. 13 VIRGIL R. FOX and CAROL A. FOX, husband 14 and wife and A. BERNARD CONLEY and ANN L. CONLEY, husband and wife, all doing 15 business as LONGACRES JOINT VENTURE; 16 ANCHOR BANK, a Washington state chartered - mutual savings bank; PUGET WESTERN, 17 INC., a Washington corporation; CITY OF RENTON, a municipal corporation; KING 18 COUNTY DRAINAGE DISTRICT NO. 1; a:1 { -tv r PUGET SOUND ENERGY, a Washington l 19 corporation; and KING COUNTY, y i�.`e'`,,`It } tYt I` 20 Respondents. 21 22 TO THE ABOVE-NAMED RESPONDENTS: 23 A lawsuit has been started against you in the above-entitled court. The Petitioner's claim 24 is stated in the Condemnation Petition, a copy of which is served upon you with this Notice and 25 Summons in Condemnation and which has been filed with the clerk of the court. 26 NOTICE AND SUMMONS IN 1 ATTORNEY GENERAL OF WASHINGTON CONDEMNATIONTransportation 8c Public Construction Division `1 7141 Cleanwater Drive SW ti=:)(`, POBX40113 Olympia,WA 98504-0113 (360)753-6126 Facsimile: (360)586-6847 1 Notice is hereby given that the Petitioner will, on April 6, 2007, or as soon after as can be 2 heard, seek an order of public use and necessity as described in RCW 8.04.070. The hearing will 3 take place at the courthouse in Kent, King County, Washington. 4 You are hereby notified that the determination of a public use is for the court to make, and 5 6 at the time and place indicated above, you may appear and resist that determination. After the 7 determination by the court that this project is for a public use, the Petitioner will ask the court to 8 set a trial date for determination of the amount of just compensation to be paid for the taking or 9 damaging of the land, property, and property rights. The Petitioner will eventually request that 10 the court vest title in fee simple in the State of Washington. 11 You are required to file a notice of appearance and serve it on the undersigned, or an order 12 of default can be entered against you. If you wish to seek the advice of an attorney in this matter, 13 14 you should do so promptly so that your appearance, if any,may be served on time. 15 This notice and summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of 16 the State of Washington and RCW 8.04.020. 17 DATED this 2l day of March, 2007. 18 ROBERT M. MCKENNA 19 Attorney General 20 /111.1.- 21 Doul -: 0. ._s'‘-'� SBA # 32906 Assistant Attorney General 22 Attorney for Petitioner STATE OF WASHINGTON 23 24 25 26 NOTICE AND SUMMONS IN 2 ATTORNEY GENERAL OF WASHINGTON CONDEMNATION Transportation&Public Construction Division 7141 Clearwater Drive SW PO BOX 40113 Olympia,WA 98504-0113 (360)753-6126 Facsimile: (360)586-6847 SINGLE Parcel Number: 1-19539 STATE VS. Longacres Joint Venture DESCRIPTION: All that portion of the following described property lying southerly of F.A.I. Highway No. 405, and southwesterly of an existing drainage ditch right of way condemned by King County Drainage District No. 1, October 1902 under King County Superior Court Cause No. 32912, that portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter in Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the north margin of South 153rd Street, with the east line of said northwest quarter of the southeast quarter; thence westerly along said street 350 feet; thence northerly at right angles to said street line, 800 feet, more or less, to the southerly line of Puget Sound Electric Railway Right of Way; thence northerly along said right of way 360 feet, more of less, to its intersection with the east line of said southwest quarter of the northeast quarter; thence south 860 feet, more or less, to the TRUE POINT Noir OF BEGINNING; EXCEPT that portion conveyed to King County for Black River Junction Renton Road by deed recorded under Recording Number 2919485; AND EXCEPT that portion thereof conveyed to the State of Washington for Primary State Highway no. 1, by deed recorded under Recording Number 5516657. ALSO that portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, lying southerly of F.A.I. Highway No. 405, north of Southwest 16th Street, and easterly of the following described line: Commencing at the southeast corner of the northeast quarter of said section; thence North 00°37'18" East along the east line thereof a distance of 245.22 feet, to a point on the southerly right-of-way line of State Route 405, as per plan approved October 31, 1961; thence South 86°2P27" West along said southerly line, a distance of 1,340.63 feet, to a point on the east line of said southwest quarter of the northeast quarter; thence continuing along said south line, a distance of 121.91 feet to the beginning of a non-circular curve; SR 405, SR 181 Vic. to SR 167 Vic. 02/08/2007 Page 1 of 2 EXHIBIT A thence westerly along said non-circular curve parallel with and 100.00 feet perpendicularly distant from a spiral curve along the centerline of said State Route 405 to a point which bears South 85°53'08" West, a distance of 166.46 feet from the beginning of said non Nturi - circular curve, said point being on the westerly line of a 40.00 foot wide drainage ditch right-of-way as defined in King County Superior Court Cause Number 32912; and the point of beginning of the line herein described; thence South 44°09'28" East, a distance of 92.16 feet; thence South 49°39'28" East, a distance of 98.06 feet; thence South 33°09'28" East, a distance of 93.44 feet; thence South 12°24'28" East, a distance of 50.21 feet to a point on the northerly right-of-way line of Southwest 16th Street and the terminus of the line herein; EXCEPT that portion thereof described as follows: Commencing at the southeast corner of the northeast quarter of said Section; thence North 00°37'18" East along the east line thereof, a distance of 245.22 feet, to a point on the southerly right-of-way line of State Route 405, as per plan approved October 31, 1961; thence South 86°21'27" West along said southerly line, a distance of 1,340.63 feet, to a point on the east line of said southwest quarter of the northeast quarter, the point of beginning; thence continuing along said south line, a distance of 99.96 feet; thence South 28°46'56" East, a distance of 201.15 feet to a point on the east line of the northwest quarter of said southeast quarter; thence North 00°54'17" East along said east line, a distance of 78.4 feet; thence North 00°55'05" East along the east line of the southwest quarter of said northeast quarter a distance of 104.28 feet to the point of beginning. 4.01 SR 405, SR 181 Vic. to SR 167 Vic. 02/08/2007 Page 2 of 2 EXHIBIT A CITY OF RENTON . RECEIVMARC 2 S 2007 LD E�CEivE �iTY�,LERK'S OFFECE MAR 2 0 2007 1 ATTQRNEyGENE 2713cONST�R�TATION&pOFFICE CTION DIVISIONC 3 4 RECEIVED KING COUNTY, WASHINGTON 5 MAR 1 ti 2001 6 KNT DEPARTMENT OF 7 JUDICIAL ADMINISTRATION 8 STATE OF WASHINGTON 9 KING COUNTY SUPERIOR COURT 10 STATE OF WASHINGTON, 1 1 .2 _ 0 C7 Q 9 9 1 - 11 Petitioner, 12 CONDEMNATION PETITION v. �, 13 VIRGIL R. FOX and CAROL A. FOX, husban. 14 and wife and A. BERNARD CONLEY and ANN L. CONLEY, husband and wife, all doing 15 business as LONGACRES JOINT VENTURE; ANCHOR BANK, a Washington state chartered 16 . mutual savings bank; PUGET WESTERN, 17 INC., a Washington corporation; CITY OF RENTON, a municipal corporation; KING 18 COUNTY DRAINAGE DISTRICT NO. 1; PUGET SOUND ENERGY, a Washington 19 corporation; and KING COUNTY, 20 Respondents. 21 22 The State of Washington, Petitioner, by Robert M. McKenna, Attorney General, and 23 Douglas D. Shaftel, Assistant Attorney General,petitions and shows to this court: 24 25 err 26 CONDEMNATION PETITION 1 ATTORNEY GENERAL OF WASHINGTON OP Transportation&Public Construction Division CY 7141 Clearwater Drive SW PO BOX 40113 Olympia,WA 98504-0113 Nrise 1 PUGET SOUND ENERGY, a Washington corporation; AND 2 KING COUNTY. 3 4 The petitioner prays for an order adjudicating that the property or property rights 5 described in Exhibit"A"are necessary for a public use of the State of Washington. 6 DATED this /) ay of March, 2007. 7 • ROBERT M. MCKENNA Attorney Gen 1 8 / 9 DO GI,/ S . =' FTEL WSBA# 32906 10 Assistant Attorney General Attorneys for Petitioner 11 STATE OF WASHINGTON 12 13 ,40✓ 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDEMNATION PETITION 3 ATTORNEY GENERAL OF WASHINGTON Transportation&Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia,WA 98504-0113 SINGLE Parcel Number: 1-19539 STATE VS. Longacres Joint Venture DESCRIPTION: All that portion of the following described property lying southerly of F.A.I. Highway No. 405, and southwesterly of an existing drainage ditch right of way condemned by King County Drainage District No. 1, October 1902 under King County Superior Court Cause No. 32912, that portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter in Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the north margin of South 153rd Street, with the east line of said northwest quarter of the southeast quarter; thence westerly along said street 350 feet; thence northerly at right angles to said street line, 800 feet, more or less, to the southerly line of Puget Sound Electric Railway Right of Way; thence northerly along said right of way 360 feet, more of less, to its intersection with the east line of said southwest �.• quarter of the northeast quarter; thence south 860 feet, more or less, to the TRUE POINT OF BEGINNING; EXCEPT that portion conveyed to King County for Black River Junction Renton Road by deed recorded under Recording Number 2919485; AND EXCEPT that portion thereof conveyed to the State of Washington for Primary State Highway no. 1,by deed recorded under Recording Number 5516657. ALSO that portion of the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, lying southerly of F.A.I. Highway No. 405, north of Southwest 16th Street, and easterly of the following described line: Commencing at the southeast corner of the northeast quarter of said section; thence North 00°37'18" East along the east line thereof a distance of 245.22 feet, to a point on the southerly right-of-way line of State Route 405, as per plan approved October 31, 1961; thence South 86°21'27" West along said southerly line, a distance of 1,340.63 feet, to a point on the east line of said southwest quarter of the northeast quarter; thence continuing along said south line, a distance of 121.91 feet to the beginning of a non-circular curve; SR 405, SR 181 Vic. to SR 167 Vic. 02/08/2007 ,411110, Page 1 of 2 EXHIBIT A CITY OF RENTON COUNCIL AGENDA BILL AI#: 6 - e • Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk April 2, 2007 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-07-002; Court Case Correspondence.. Alliance for South End v. City of Renton; Harvest Ordinance Partners; Transwestern Harvest Lakeshore, LLC; Tras Resolution Western Harvest; and Fairfield Lakeshore I LP Old Business Exhibits: New Business Summons and Land Use Petition Study Sessions 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 Land Use Petition Pursuant to Washington's Land Use Petition Act filed in King County Superior Court by Alliance for South End, represented by Peter L. Buck, Buck& Gordon, LLP, 2025 1st Ave., Suite 500, Seattle, 98121, requesting review of the land use decision made by the City of Renton regarding The Landing project(LUA-05-136). CITY OF RENTO MAR 2 7 200 CITY CRK'S C 1 LEPA•E 4,4100, 2 3 4 5 6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 7 IN AND FOR THE COUNTY OF KING 8 ALLIANCE FOR SOUTH END, a Washington nonprofit corporation, )� " 9 ) No. Petitioner, ) 10 ) SUMMONS v. ) 11 ) CITY OF RENTON, a Washington non-code ) 12 charter city; HARVEST PARTNERS; ) ;�a• ; � 13 f , TRANS WESTERN HARVEST LAKESHORE, L(.., ��✓ LLC, a Delaware limited liability company; )) h,� % rr JJ.,="rr.vd- 14 TRAS WESTERN HARVEST; and FAIRFIELD I, 1,4410, LAKESHORE I LP, a California limited ) 15 partnership, ) ,` ?p Y1 I r i 1 j 4.t 16 Respondents. ) 17 18 TO: CITY OF RENTON 19 A lawsuit(LUPA petition for review under Chapter 36.70C. RCW )has been 20 started against you in the above-entitled Court by Alliance for South End, a Washington 21 nonprofit corporation. Petitioner's claims are stated in the written Land Use Petition, a 22 copy of which is served upon you with this Summons. Concurrent with service on you, 23 Petitioner has filed its LUPA Petition with the King County Superior Court. 24 25 SUMMONS - l Buck +Gordon LLP Y:\WP\ASE\I.UPA\032607 SUMMONS CITY OF RENTON DOC 2025 First Avenue,Suite 500 %%Mr. Seattle,WA 98121-3140 (206)382-9540 1 To defend against the Land Use Petition, you need not file an answer. The King Ned 2 County Superior Court will issue a case schedule upon filing of the Petition with the 3 Court. Petitioner will provide you with a copy of that case schedule. That case schedule 4 will set a preliminary hearing within 35-50 days to address jurisdictional and preliminary 5 matters pursuant to RCW 36.70C.080. You must respond at that time consistent with the 6 case schedule and as set forth in Chapter 36.70C RCW. Copies of all matters shall be 7 served on counsel of record at the address in the Petition. In case of failure to respond, 8 judgment may be rendered against you under the terms of Chapter 36.70C RCW. If you 9 serve a notice of appearance on the undersigned attorney, you are entitled to notice before 10 a default judgment may be entered. 11 If you wish to seek the advice of an attorney in this matter, you should do so 12 promptly so that your written response, if any, may be served on time. 13 This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of 14 the State of Washington, . � RCW 36.70C.040. 15 DATED this 27day of March, 2007. 16 17 BUCK &- DON I. I P f} 18 19 By Petr L. Bink, WSBA # 05060 20 Attorney for Petitioner Alliance for South End 21 22 23 24 25 SUMMONS - 2 Buck Gordon LLP Y:\WP\ASE\LUPA\032607 SUMMONS CITY OF RENTON.DOC 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 „o' (206)382-9540 CITY of RE ON MAR 2 7 2107 CITY RED 1 ICE 2 3 4 A 5 •6 7 SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY 8 ALLIANCE FOR SOUTH END, U/ — 2 .1 t 2 6 - CJ aiN a Washington nonprofit corporation, �i U 9 ) No. Petitioner, ) 10 ) LAND USE PETITION v. ) PURSUANT TO WASHINGTON'S 11 ) LAND USE PETITION ACT CITY OF RENTON, a Washington non-code ) (RCW 36.70C.070) 12 charter city; HARVEST PARTNERS; ) TRANSWESTERN HARVEST LAKESHORE, ) 13 LLC, a Delaware limited liability company; ) TRAS WESTERN HARVEST; and FAIRFIELD) 14 LAKESHORE I LP, a California limited ) Nism" partnership, ) 15 ) Respondents. ) 16 17 Comes now Petitioner Alliance for South End, by and through its undersigned 18 attorneys, and petitions this Court pursuant to the Land Use Petition Act, Ch. 36.70C 19 RCW, for review of a land use decision made by the City of Renton (the "City"or 20 "Renton"). 21 I. Parties. 22 1.1 Petitioner Alliance for South End ("ASE") is a Washington nonprofit 23 corporation established to advance its members' interests in Renton's environment, land 24 use planning, and governmental and fiscal integrity. 25 LAND USE PETITION - 1 Bucks Gordon LLP Y:\WP\ASE\LUPA\032707 lupapet D doc 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 ♦(206)626-0675 Fax 1 2 Petitioner's mailing address is: 3 Alliance for South End 4 P.O. Box 1313 Renton, WA 98057-1313 5 Petitioner's attorney is: 6 Peter L. Buck 7 Buck & Gordon LLP 8 2025 First Avenue, Suite 500 Seattle, WA 98121-3140 9 1.2 Respondent City of Renton ("the City") is a Washington non-code charter 10 city, a political subdivision of the State of Washington. The City is named as a party to the 11 review of this land use petition pursuant to RWC 36.70C.040(2)(a). 12 The mailing address for the City of Renton is: 13 14 City of Renton 1055 South Grady Way 15 Renton, WA 98055 16 1.3 Respondent Harvest Partners is the applicant for"The Landing," a land use 17 project proposed for construction on approximately 47 acres in north Renton (the 18 "Landing Project"). Harvest Partners submitted the Master Plan application that was 19 appealed by Petitioner. No person was identified in the local jurisdiction's written 20 decision as the applicant or owner as provided in RCW 36.70C.040(2)(b). However, 21 Harvest Partners is named as a party to obviate the need for intervention. 22 The mailing addresses for Harvest Partners are: 23 Harvest Partners c/o Rob King 24 8214 Westchester Dr., Ste 650 Dallas, TX 75225 25 LAND USE PETITION - 2 Burke Gordon LLP , iald Y\WP\ASE\LUPA\032707 lupapet D.doc 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 •(206)626-0675 Fax 1 Harvest Partners iftw c/o Rob King 2 20503 88th Avenue W Edmonds, WA 98026 3 Harvest Partners 4 c/o Nicole Hernandez W& H Pacific 5 3350 Monte Villa Parkway Bothell, WA 98021 6 Harvest Partners 7 c/o Jerome L. Hillis Hillis Clark Martin& Peterson 8 500 Galland Building 1221 Second Avenue 9 Seattle, WA 98101-2925 10 Harvest Partners c/o William Barton 11 Callison Architecture, Inc. 1420 Fifth Avenue #2400 12 Seattle, WA 98101-2343 13 1.4 Respondent Transwestern Harvest Lakeshore, LLC, a Delaware limited 14 Now, liability company, Respondent Tras Western Harvest, and Respondent Fairfield Lakeshore 15 I LP, a California limited partnership, are identified as the taxpayers for the property at 16 issue in the records of the county assessor, based upon the description of the property in 17 the application. Respondents Transwestern Harvest Lakeshore, LLC, Tras Western 18 Harvest and Fairfield Lakeshore I LP are named as parties to the review of this land use 19 petition pursuant to RWC 36.70C.040(2)(c). 20 The mailing address for Transwestern Harvest Lakeshore, LLC is: 21 22 150 North Wacker Drive #800 Chicago, IL 60606 23 The mailing address for Tras Western Harvest is: 24 150 North Wacker Drive #800 25 Chicago, IL 60606 LAND USE PETITION - 3 BuckG Gordon LLP Y\WP\ASE\LUPA\032707 1upapet D.doc 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 •(206)626-0675 Fax 1 The mailing address for Fairfield Lakeshore I LP is: 2 5510 Morehouse Drive 3 San Diego, CA 92121 4 II. Decision to Be Reviewed, Jurisdiction, Venue, and Standing 5 2.1 The land use decision at issue is the decision of the Renton City Council 6 dated March 13, 2007, to dismiss Petitioner's administrative appeals of two land use 7 decisions issued by the City's Development Services Director (the "Director"): 1) the 8 Director's decision designating the Landing Project as a Planned Action pursuant to RCW 9 43.21 C.031(2)(a), dated May 12, 2006 (the "Planned Action Decision"); and 2) the 10 Director's decision to approve the Master Site Plan for the Landing Project, dated May 19, 11 2006 (the "Master Plan Decision"). These appeals were consolidated in a single appeal 12 before Fred J. Kaufman, the City's Hearing Examiner. The Hearing Examiner dismissed 13 Petitioner's appeals for lack of standing, and the Renton City Council affirmed. The City 14 Council's notice of decision (the "Decision") is dated. A copy of the Decision is attached 15 hereto as Exhibit A. •rrr 16 2.2 The Court has jurisdiction over this action under RCW Chapter 36.70C. 17 2.3 Venue is proper under RCW 4.12.025 because the Respondent City is 18 located in King County. 19 2.4 The Petitioner has standing pursuant to RCW 36.70C.060(2). As a result 20 of the Decision, Petitioner is aggrieved and adversely affected within the meaning of 21 RCW 36.70C.060 for the following reasons: 22 2.4.1 The Decision has prejudiced Petitioner and is likely to cause future 23 prejudice to Petitioner, for reasons that include but are not limited to the following: (1) 24 Petitioner has one or more members who frequently drive the roads surrounding the 25 Landing Project, are already impacted by traffic congestion associated with the Landing Project, and will experience further delays and increased risk in traveling along these LAND USE PETITION - 4 Buck Gordon LLP 4111110/- 2025 First Avenue,Suite 500 Y.\WPWSETUPA\032707 lupapet D doc Seattle,WA 98121-3140 (206)382-9540 •(206)626-0675 Fax I roads if the Landing Project continues to develop as proposed; (2) Petitioner has one or Now, 2 more members who enjoy Lake Washington and the natural environment thereof, 3 including water quality and fish habitat, who fish in the waters immediately impacted by 4 runoff from the Landing Project and who will be impacted by the degradation to water 5 quality and harm to fish habitat associated with the Landing Project's water runoff and the 6 use of outdated stormwater standards; (3) Petitioner has one or more members who are 7 residents of Renton with an active interest in the integrity of City's land use and 8 environmental review processes; who have actively participated in past approvals 9 associated with redevelopment of this property; who seek to ensure that the City abides by 10 its policies and procedures and conducts all project reviews in an open, proper and ethical 11 manner; and who are negatively impacted by the improper processing in connection with 12 the Landing Project including lack of opportunities for public input; (4) the City Council's 13 decision to dismiss Petitioner's appeals precludes Petitioner from addressing these 14 impacts in challenges to the Planned Action Decision and Master Plan Decision; and (5) 15 the City's Council's Decision to dismiss Petitioner's appeals violated the constitutional 16 rights of ASE members to associate for the purpose of petitioning the government and is 17 likely to create a chilling effect on their exercise of such rights. 18 2.4.2 Petitioner's interests are among those that the City Council was 19 required to consider when it made the Decision. The Petitioner timely filed its appeals of 20 the Planned Action Decision and the Master Plan Decision, and timely filed its appeal of 21 the Hearing Examiner's decision to dismiss those appeals. Petitioner's appeals allege 22 damage to interests that are regulated and/or protected by the State Environmental Policy 23 Act and by provisions of the Renton Development Regulations and Comprehensive Plan. 24 2.4.3 A judgment in favor of the Petitioner would substantially eliminate 25 and/or redress the prejudice caused to Petitioner and/or likely to be caused to Petitioner by Niue LAND USE PETITION - 5 Bucke Gordon LLP Y 1WPIASE LUPA1032707 lupapet D doc 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 •(206)626-0675 Fax 1 the City's dismissal of its appeals. Reversal of the City's dismissal of Petitioner's 2 administrative appeals will restore Petitioner's ability to challenge the underlying land use 14011 3 decisions and thereby substantially eliminate and/or redress the prejudice caused to 4 Petitioner and/or likely to be caused to Petitioner by The Landing Project. 5 2.4.4 Petitioner has exhausted its administrative remedies to the extent required 6 by law. Petitioner appealed the underlying land use decisions to the Hearing Examiner in 7 accordance with Renton Municipal Code ("RMC" or"Code") 4-8-110.E(1). Petitioner 8 then appealed the Hearing Examiner's dismissal of its appeals to the City Council in 9 accordance with RMC 4-8-110.E(8). The City Council's final Decision to dismiss 10 Petitioner's appeals for lack of standing is properly before this Court. RMC 4-8- 11 110.F(10). 12 III. Statement of Facts. 13 3.1 ASE is a Washington non-profit corporation. The organization's corporate 14 purpose is to "advance its members' interest in the environment, land use planning, and 15 governmental fiscal integrity of the City of Renton." 16 3.2 Brad Nicholson, a lifelong citizen of Renton, is a member of ASE who 17 participated in discussions regarding the formation of ASE and contributes funds to ASE. 18 In 2003, prior to the incorporation of ASE, Mr. Nicholson filed an appeal with the Renton 19 Hearing Examiner challenging the adequacy of Environmental Impact Statement ("EIS") 20 that was prepared for Comprehensive Plan amendments affecting the site of The Landing 21 Project. In 2004, Mr. Nicholson filed an appeal with the Central Puget Sound Growth 22 Management Hearings Board alleging that the Comprehensive Plan amendments and 23 other City ordinances and resolutions failed to comply with the Growth Management Act. 24 These appeals were ultimately denied. 25 LAND USE PETITION - 6 Bucks Gordon LLP Y:\WSETUPA1032707 lupapet D doc 2025 Fust Avenue,Suite 500 PIA Seattle,WA 93121-3140 (206)382-9540 •(206)626-0675 Fax 1 3.3 In his efforts to challenge these City actions and certain aspects of the `"u" 2 Landing Project as a pro se litigant, Mr. Nicholson found himself outgunned by funding 3 and other resources available to the City and other project proponents. In 2006, Mr. 4 Nicholson chose to participate in discussions with attorney Peter Buck regarding the 5 formation of a nonprofit to represent citizens concerned about the Landing Project. Mr. 6 Nicholson encouraged that approach. Mr. Nicholson's and ASE's efforts were funded in 7 part by WEA Southcenter LLC ("Westfield"), an economic competitor to the Landing 8 Project. The difference between Mr. Nicholson's previous appeals and the administrative 9 appeals leading to this land use petition is that in these more recent appeals Nicholson 10 acted as a member of a nonprofit corporation that had funding rather than as a pro se 11 litigant. The City and the applicant were informed several times, including in ASE's 12 appeal statements to the Renton Hearing Examiner, that Westfield was funding the effort. 13 There was complete transparency. 14 3.4 ASE's Articles of Incorporation were filed on Friday, May 19, 2006. Mr. ,4000, 15 Buck became the sole director of ASE on that same date. ASE's bylaws and membership 16 form, which govern the election of ASE's members, were prepared by Mr. Buck on May 17 20, 2006. 18 3.5 On Sunday, May 21, 2006, Mr. Buck met with Mr. Nicholson at his home 19 and discussed Nicholson's goals for ASE. At the meeting, Mr. Nicholson signed and dated 20 his ASE membership application and submitted the application to Mr. Buck. 21 3.6 Consistent with the terms of ASE's bylaws, Mr. Buck elected Mr. 22 Nicholson as a member of ASE on the morning of May 25, 2006. Mr. Buck's signature on 23 Nicholson's membership application memorialized, as an official action of ASE, the 24 election of Mr. Nicholson as a member. 25 3.7 On May 25, 2006, shortly after Mr. Buck's acceptance of Mr. Nicholson as Noire LAND USE PETITION - 7 Bucks Gordon LLP Y\WP\ASE\LUPA\032707 lupapet D.doc 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 •(206)626-0675 Fax 1 a member of ASE, Mr. Buck filed an appeal on behalf of ASE of the Director's Planned 2 Action Decision. On June 2, 2006, ASE filed an appeal of The Director's Master Site Plan `" 3 Approval. 4 3.8 ASE then hired the Davis Wright Tremaine law firm ("DWT")as corporate 5 counsel. DWT had its own corporate forms, which it preferred to ASE's existing forms. 6 The involvement of DWT led to the adoption of ASE's First and Second Articles of 7 Amendment. In the First Articles of Amendment, Mr. Buck erroneously stated that ASE 8 had no members. Mr. Buck's intention was to state that there were no members that could 9 vote on the Articles of Amendment. Mr. Buck subsequently corrected his misstatement by 10 filing a Second Articles of Amendment, which provides in relevant part: "There was a 11 member as of May 25, 2006, but he did not have the right to vote on an amendment to the 12 articles of incorporation of the corporation." 13 3.9 On June 28, 2006, Applicant Harvest Partners filed motions to dismiss 14 ASE's appeals for lack of standing. The motions alleged that ASE was a "shell" 15 corporation created by Westfield and that "[e]conomic rivalry is not grounds for an 16 appeal." Harvest Partners also filed motions to dismiss for lack of standing the appeals of 17 the Progressive Alliance for a Sustainable Southend ("PASS"), a second citizens' group 18 that had challenged the Director's decisions. These motions alleged that "no record of 19 [PASS] has been found" and that "[o]n information and belief, PASS is related to a group 20 of labor unions, and the appeal was filed in order to gain leverage over the development 21 for agreements that would benefit the unions." The City joined in each of these motions. 22 3.10 After the parties exchanged briefing and presented argument at a motions 23 hearing on August 22, 2006, the Hearing Examiner issued a "Decision of the Hearing 24 Examiner on Matters of Standing and Jurisdiction Brought By Attorneys for Alliance for 25 South End (ASE) and Progressive Alliance for a Sustainable Southend(PASS)." The LAND USE PETITION - 8 Buckc'Gordon LLP Y\WP\ASE\LUPA\032707 lupapet D doc 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 ♦(206)626-0675 Fax I Examiner's Decision was based upon the proposition that, in order for an organization to '41r.y 2 have standing, it must not only have a member or members with standing, but it also must 3 have members with certain "indicia of membership," such as particular voting rights. The 4 Hearing Examiner found that ASE lacked standing because "neither Mr. Nicholson nor 5 any other individual or majority of ASE has been identified as being a principle [sic] 6 litigant who can direct the litigation of this appeal." The Examiner did not rule on whether 7 or not Brad Nicholson had individual standing. The Examiner reached the following 8 conclusion regarding the standing of PASS: "Since the underlying nature of the 9 association was never challenged nor evidence produced to make it suspect as to its aims, 10 it would appear that PASS has members who individually could have standing and as 11 such, PASS has standing to bring its appeal or appeals."' 12 3.11 The City Council affirmed the Examiner's Decision, concluding that ASE 13 lacked associational standing because ASE failed to provide "credible evidence to 14 establish that its member [Mr. Nicholson] guides ASE's actions or has control over the 15 organization, or that the organization is acting 'on behalf of the member." 16 IV. Statement of Errors 17 4.1 Petitioner realleges and incorporates by reference the preceding 18 paragraphs. 19 4.2 The City Council's Decision is an erroneous interpretation of the law, is 20 not supported by substantial evidence, and/or is a clearly erroneous application of the law 21 to the facts for reasons that include the following: 22 4.2.1 The Decision imposes prerequisites to associational standing that 23 are not required by Washington law. Washington courts have consistently held that a 24 citizens' group or other organization has standing to challenge land use decisions as long 25 ' PASS withdrew its appeals on September 6, 2006. LAND USE PETITION - 9 Bucks Gordon LLP Y.\WP\ASE\LUPA\0327071upapet D.doc 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 •(206)626-0675 Fax 1 as one member has standing to do so. The courts have never held or even suggested that a 2 member must have particular rights in the organization, or that any other inquiry should be 3 made once it has been established that at least one member of the organization has 4 standing. 5 4.2.2 The Decision erroneously relies on Friends of Tilden Park v. 6 District of Columbia, 806 A.2d 1201, 1209 (D.C. 2002) for the proposition that members 7 must possess "indicia of membership." In Friends of Tilden Park, the organization 8 seeking associational standing had no members. The court held that, if an association does 9 not have any members, but asserts that it has standing to sue on behalf of non-member 10 supporters, then a court may inquire into whether its supporters possess indicia of 11 membership. 12 4.2.3 The Decision erroneously imposes upon Mr. Nicholson, a member 13 of ASE, prerequisites to associational standing that are applicable only to non-members. 14 The fact that non-members need to show indicia of membership to establish standing has 15 nothing to do with whether members such as Mr. Nicholson need to meet any specific 16 criteria. By definition a "member" displays indicia of membership. 17 4.2.4 The Decision's conclusions that Mr. Nicholson "had no input over 18 the ASE Board, officers, Bylaws, Articles of Incorporation, or litigation" and that "ASE 19 has failed to produce credible evidence to establish that its member guides ASE's actions 20 or has control over the organization, or that the organization is acting 'on behalf' of the 21 member" are not supported by substantial evidence when viewed in light of the whole 22 record before the court, including a sworn declaration filed by Mr. Nicholson. 23 4.3 The Decision is outside the authority or jurisdiction of the City; the City 24 engaged in unlawful procedure and/or failed to follow a prescribed process for reasons 25 that include the following: LAND USE PETITION - 10 BuckC Gordon LLP Y.\WP\ASE\LUPA\032707 lupapet D doc 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 •(206)626 0675 Fax 1 4.3.1 The Decision goes beyond mere interpretation and application of 2 existing Washington law and Renton Code provisions governing associational standing. 3 The Hearing Examiner and City Council, acting in their capacity as appellate bodies, do 4 not have the authority to impose associational standing rules that were not reflected in 5 Washington case law or contained in the RMC at the time the appeals were filed. 6 4.4 The Decision violates the constitutional rights of the Petitioner for reasons 7 that include the following: 8 4.4.1 By dismissing Petitioner's appeals based solely on the form of the 9 association, the Hearing Examiner and the City Council violated the rights of ASE 10 members to associate for the purpose of petitioning the government. The U.S. Supreme 11 Court has recognized "a right to associate for the purpose of engaging in those activities 12 protected by the First Amendment—speech, assembly, petition for the redress of 13 grievances, and the exercise of religion."Roberts v. U.S. Jaycees, 468 U.S. 609, 618, 104 14 S.Ct. 3244 (1984). 15 4.4.2 The Decision deprives Petitioner of procedural due process for the 16 reasons set forth in section 4.3.1 above. 17 4.4.3 The Decision is arbitrary and capricious and violates Petitioner's 18 substantive due process rights, for reasons that include but are not limited to the 19 following: (1) the Decision is internally inconsistent in that it affirmed the Hearing 20 Examiner's dismissal of the appeals of ASE, a Washington municipal corporation whose 21 express corporate purpose is to "advance its members' interest in the environment, land 22 use planning, and governmental fiscal integrity of the City of Renton," while the 23 Examiner's Decision affirmed the standing of PASS, an apparently unincorporated 24 association allegedly "related to a group of labor unions," whose appeals were allegedly 25 "filed in order to gain leverage over the development for agreements that would benefit N,,,,, LAND USE PETITION - 11 Burke Gordon LLP Y\WP\ASE\L.UPA\032707 lupapet D.doc 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 •(206)626-0675 Fax 1 the unions"; and (2)the Decision fails to define what it means for a member of an 2 association to have "meaningful control" over the association, leaving the Hearing 3 Examiner and/or City Council with unfettered discretion to dismiss future appeals of 4 citizens' groups, organizations, associations, and/or nonprofit corporations on the grounds 5 that the members lack sufficient "control." 6 VI. Prayer for Relief. 7 Wherefore, the Petitioner prays for relief as follows: 8 A. For an order under the Land Use Petition Act reversing the City Council's 9 Decision and directing the City Council to issue an order granting standing to Petitioner 10 and remanding the matter to the Hearing Examiner for further proceedings; 11 B. For an award of the Petitioner's attorneys' fees and costs to the extent 12 allowed by applicable law; and 13 C. For such other relief as the Court determines to be just and equitable. 14 15 DATED this day of March, 2007. 16 By 17 Peter IJ. uck, SBA # 05060 Attorney for Petitioner Alliance for 18 South End 19 20 21 22 23 24 25 LAND USE PETITION - 12 Bucky Gordon LLP Y:\WP\AS .UPA\032707 lupapet D doc 2025 First Avenue,Suite 500 EU Seattle,WA 93121-3140 (206)382-9540 •(206)626-0675 Fax (CY rj CITY OF RZ ;NTON ♦ + City Clerk Kathy Keolker,Mayor Bonnie I. Walton 1 March 13, 2007 Peter Buck Buck & Gordon, LLP 2025 First Ave. S., Ste. 500 Seattle, WA 98121 Re: Appeal of Hearing Examiner's decision dated 9/5/2006, regarding Matters of Standing and Jurisdiction; The Landing; File: LUA-05-136 Dear Mr. Buck: At the regular Council meeting of March 12, 2007, the Renton City Council took action on the referenced appeal by adopting the recommendation of the Planning and Development Committee, affirming the decision of the Hearing Examiner regarding Matters of Standing. Enclosed is copy of the Planning and Development Committee report as adopted. Unless an appeal of the decision of the City Council is filed with King County Superior Court as Now' indicated in Renton Municipal Code, the decision of the City Council is final. If I can provide further information, please feel free to contact me. Sincerely, & 4 Bonnie I. Walton Enclosure cc: Mayor Kathy Keolker Council President Toni Nelson Larry Warren, City Attorney Jennifer Henning,Principal Planner Parties of Record (3) EXHIBIT A 1055 South Grady Way-Renton, Washington 98057 - (425)430-6510/FAX (425)430-6516 R E Lv T o lv AHEAD OF THE CURVE ®This paper contains 50%recycled material.30%post consumer L -._,—...;;.'':,:i PLANNING AND DEVELOPMENT COMMITTEE Date J-/,2-2007 ,4600 COMMITTEE REPORT March 12, 2007 Appeal by Alliance for South End (ASE) File No. LUA-05-136, SA-A, SM 1 )Director's administrative decision designating the Landing Master Plan Application a Planned Action; and 2) the Director's Master Site Plan Approval. Referred to P&D Committee on October 2, 2006 This appeal came before the Planning and Development Committee (the "Committee") on February 15, 2007. The Committee reviewed the decision of the Hearing Examiner dated September 5, 2006, which dismissed for lack of standing the ASE appeals from: 1) the Director's designation of the Landing Master Plan application as a Planned Action; and 2) the Director's Master Site Plan approval. The Committee reviewed the file, including the briefs therein, and heard argument from the attorneys representing the various parties. Finding no substantial error in fact or law, the Committee recommends that the Council affirm the decision of the Hearing Examiner. The Committee further recommends that the Council adopt the attached Findings and Conclusions affirming the Examiner's Decision. t �1 . J . Teri Briere, Qhair 1 i :.r.:..,_, /.a ;;, 'fes ru...,/ i. Dan Clawson, Vice Chair ,r, „.. _ : ..,, , ,As-},..„..._____, A ,..... ---,......„ Marcie Palmer, Member cc: Neil Watts Jennifer Henning Lawrence J. Warren All' P,zl. Fred KaufrrlAn FINDINGS 1. On May 12, 2006, the City of Renton Development Services Division issued a decision designating Harvest Partners' application for Administrative Master Plan approval as a Planned Action ("Planned Action Decision"),I The project known as The Landing involves a mixed-use development proposal including retail, office, entertainment, restaurant, hotel and/or residential uses with associated parking on former industrial property located south of Lake Washington. 2. On May 19, 2006, the City of Renton Department of Planning, Building and Public Works issued a decision approving the Master Site Plan for The Landing ("Master Plan Approval").2 3. On May 19, 2006, attorney Peter Buck filed Articles of Incorporation and an Application to form a Nonprofit Corporation with the Washington Secretary of State to form a new corporation he called "Alliance for South End" ("ASE"). The Application states that ASE's Registered Agent is Peter Buck, the sole Director is Peter Buck, and the sole incorporator is Peter Buck.3 4. On May 25, 2006, Mr. Buck filed an appeal of the Planned Action Decision on behalf of ASE. In the appeal statement, Mr. Buck states that his law firm represents WEA Southcenter LLC ("Westfield"), the owner of a competing shopping mall, Westfield Southcenter. He further states that Westfield is contributing funds for the appeal.' Westfield did not deny that it was behind the appeals to protect its economic interests! News articles suggest Westfield's parent company and related entities have employed similar tactics around the world.6 5. On May 30, 2006. ASE filed Articles of Amendment with the Secretary of State. The Articles of Amendment state that qualification for membership in ASE "shall be set out in the corporation's bylaws."7 The Articles of Amendment also state: "There are no See Planned Action Decision, attached as Exhibit A to Appeal Statement, May 25, 2006. 2 See Master Plan Approval, attached as Exhibit A to Master Plan Appeal, June 1, 2006. 3 See Exhibit A to Applicant's Motion and Memorandum to Dismiss First ASE Appeal for Lack of Standing, June 28, 2006. See Appeal Statement, May 25, 2006, at 2. 5 Katy Dickey, a Westfield spokeswoman, stated: "Just as it's Westfield's responsibility to pursue and attract retail demand and enhance our assets, we have an obligation to our retailers, our shareholders and our customers to protect them or defend them. We wouldn't be doing our jobs if we were not constantly monitoring the market and assessing potential opportunities as well as potential threats." Craig Harris,Mall Owner Battles Renton Plan, SEATTLE POST INTELLIGENCER, July 14, 2006, attached as EXHIBIT 1 to Declaration of Karen Therese, attached as EXHIBIT A to Applicant's Reply Memorandum to ASE Response on Motion to Dismiss ASE Appeals for Lack of Standing, July 24, 2006. 6 See Exhibit D to Applicant's Motion and Memorandum to Dismiss First ASE Appeal for Lack of Standing, June 28,2006. See Exhibit 13 to Applicant's Motion and Memorandum to Dismiss First ASE Appeal for Lack of Standing, June 28,2006. members as of this date." Mr. Buck signed this document, dated May 25. 2006, as the Director and President. 6. On June 1, 2006, Mr. Buck filed an appeal of the Master Plan Approval on behalf of ASE. In this appeal, Mr. Buck again states that his law firm represents Westfield, and `" that Westfield is contributing funds for the appeal.$ 7. Under the Renton Municipal Code, an appellant must have standing to file an appeal.9 Applicant Harvest Partners and the City filed motions to dismiss the ASE appeals for lack of standing. 8. In response to the motions. ASE presented evidence of one "member," Brad Nicholson.10 The evidence included a "Membership Application"signed by Mr. Nicholson, and an unsworn declaration from ASE's "Director," Margaret Potter.11 Margaret Potter is a former employee of Buck & Gordon, the law firm representing Westfield.12 Regarding the statement to the Office of the Secretary of State that ASE had no members. ASE stated this was a "scrivener's error," and that the filing instead should have said "There are no members with voting rights as of this date."13 The ASE Response did not include ASE's Bylaws or any other corporate records regarding membership in ASE. 9. On the eve of the hearing before the Hearing Examiner regarding ASE's standing, ASE filed additional documents with the parties and the Examiner. These documents included a sworn declaration from Mr. Buck, appended to which was an unsigned, undated "excerpt" from the ASE Bylaws regarding membership in ASE.14 According to Section 1.2 of the Bylaws excerpt, the members are only given certain limited voting rights, and "none of the Member (sic) shall have any other rights whatsoever."15 10. On August 22, 2006, the parties presented oral arguments on standing and other jurisdictional issues to the Hearing Examiner. 1 1. On September 5, 2006, the Hearing Examiner issued its decision dismissing the ASE appeals. According to the decision, "This office finds that ASE does not have standing. It is a mere shell created by the applicant's potential competitor, Southcenter/Westfield for the purpose of thwarting a competitor's proposed development."16 8 See Master Plan Appeal, June 1, 2006. 9 See RMC 4-9-200.N; RMC 4-8-1 1 0.E.d. 10 See Appellant Alliance for South End's Response to Applicant's Motions to Dismiss for Lack of Standing, July 18,2006. 11 See Declaration of Margaret E. Potter, attached to Appellant Alliance for South End's Response to Applicant's Motions to Dismiss for Lack of Standing, July 18,2006. 12 See Applicant's Reply Memorandum to ASE Response on Motion to Dismiss ASE Appeals for Lack of Standing, July 24, 2006. 13 Id, at¶4. 14 See Declaration of Peter L. Buck, August 18,2006, at Exhibit A. 15 Id. 16 See Decision of the Hearing Examiner on Matters of Standing and Jurisdiction brought by Attorneys for Alliance for South End and Progressive Alliance for a Sustainable Southend, September 5, 2006, at 8. CONCLUSIONS From these Findings, the Committee adopts the following Conclusions: 1. The appellant bears the burden of establishing that it has standing." ASE, as the appellant, has the burden of proof. 2. Standing is jurisdictional. 3. As an association, ASE has the burden of establishing that it has standing to bring these appeals on behalf of members with standing, or that it has standing on its own behalf. 4. ASE has never asserted that it has standing on its own behalf. Therefore, ASE has the burden to demonstrate it has standing to bring suit on behalf of its members. 5. Standing should exist as of the time the appeals are filed.18 Developments that occur following commencement of an action should not be the basis for standing.19 In this case, there was not only insufficient evidence of standing at the time the appeals were filed, but also at the close of the record. 6. It is no small matter for an organization to assert the right to sue on behalf of others. Courts have found that such a right requires the representational relationship to be a strong one, in order to ensure the fidelity of the organization to those for whom it claims to speak.20 7. ASE's Articles of Incorporation provide evidence that there were no members at the time the appeal was filed. ASE claims this was scrivener's error. Even assuming ASE's view of the evidence, ASE offered evidence of only one member, Mr. Nicholson, who could not vote and who had no input over the ASE Board, officers, Bylaws, Articles of Incorporation, or litigation. The member was therefore no different than a mere bystander. Thus, even if ASE had a member at the time the appeals were filed, ASE has failed to produce credible evidence to establish that its member guides ASE's actions or has control over the organization, or that the organization is acting "on behalf' of the member. Rather, all evidence produced by ASE, including the excerpts from the ASE Bylaws, suggests the opposite —ASE's member has no meaningful control over the association. 8. ASE is merely a shell corporation, established solely to delay the development of an economic competitor. ASE lacks associational standing to bring these appeals. "See Concerned Olympia Residents for the Environment v. City of Olympia, 33 Wn. App. 677, 683, 657 P.2d 790 (1983). 18 See Lujan v. Defenders of Wildlife, 504 U.S. 555, 570 n. 5 (1992)("[S]tanding is to be determined as of the commencement of the suit"). Appellants must have standing to file an appeal. RMC 4-9-200.N; RMC 4-8-1 10.E.d. 19 See, e g., Perry v. Village of Arlington Heights, 186 F.3d 826, 830 (1999) ("It is not enough for[a party] to attempt to satisfy the requirements of standing as the case progresses. The requirements of standing must be satisfied from the outset..."). 20 Friends of Tilden Park v. District of Columbia, 806 A.2d 1201, 1209(D.C. 2002). 'fir w CITY OF RENTON COUNCIL AGENDA BILL 1 AI#: 6, • is. Submitting Data: For Agenda of: Dept/Div/Board.. Economic Development, April 2, 2007 Neighborhoods, and Strategic Planning Staff Contact Don Erickson, x-6581 Agenda Status Consent X Subject: Public Hearing.. New Life - Aqua Barn Annexation Fee Waiver Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Study Sessions Issue Paper Information Recommended Action: Approvals: Council concur . Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The City recently received a 10% Notice of Intent petition for the expanded portion of the Maplewood Addition - Expanded Annexation. Because of November State Supreme Court ruling regarding a similar annexation in Redmond where the Court ruled that the BRB had exceeded its authority by making such a large expansion, the City adopted only the original 60.5-acres portion (Maplewood Addition Annexation) on December 11, 2006. Because the new annexation is the same area that was previously considered last year staff does not believe it is appropriate to charge a full $2,500 fee for subsequent review of much of the same area. Also, the proponent for this annexation is the New Life Church, a not-for-profit institution. Whereas, a fee of$500 to $1,000 might be justified because there still will have to be subsequent public hearings and BRB review, it is hard to justify the full amount for this proposed ± 240-acre annexation. STAFF RECOMMENDATION: Council reduce the established $2,500 processing fee for this application. A $500 amount is estimated to be adequate to cover mailings, printing and processing fee that the City will pay when it files the Notice of Intent with the BRB. EDNSP/PAA/Annexations/Hoquiam Annexation/agnbill/de f &(cY O CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS • ♦ AND STRATEGIC PLANNING •NTO MEMORANDUM DATE: March 23, 2005 TO: Tony Nelson, Council President City Councilmembers VIA: Mayor Kathy Keolker-Wheeler FROM: Alex Pietsch, Administrator Economic Development, Neighborhoods and Strategic Planning Department STAFF CONTACT: Don Erickson (6581) SUBJECT: Proposed New Life - Aqua Barn Annexation Fee Waiver ISSUE: Whether the City should waive or modify its established $2,500 annexation processing fee for New Life - Aqua Barn Annexation since the subject annexation was recently considered as part of the Maplewood Addition - Expanded Annexation last year? RECOMMENDATION: Reduce the fee for this previously seen annexation sufficient to cover mailing, printing and filing fees for the Boundary Review Board. BACKGROUND SUMMARY: The City is in receipt of a 10% Notice of Intent petition to annex approximately 240-acres by the direct petition method (Figure 1). These 240-acres were recently considered as part of the Maplewood Addition - Expanded Annexation that was modified at the last minute in response to a State Supreme Court decision last November. In that decision, the State Supreme Court ruled that the BRB had erred in ordering the expansion of the Rose Hill Annexation in Redmond, Washington since in so doing, it denied property owners a say on the taxation and *4400., zoning of their respective properties. The subject area, as noted above, was considered last year as part of the expanded Maplewood Addition Annexation and was ultimately approved, after public hearings, by the BRB. As Proposed Hoquiam Annexation 10% Notice of Intent March 29, 2005 Page 2 consequence considerable information has already been developed on this area so that the r„d amount of staff time required for review and processing should be considerably less than that for a new annexation where such information does not yet exist. As a consequence, staff does not believe it would be appropriate to collect the full $2,500 processing fee for this annexation. Staff also believes that consideration should be given to the fact that the proponent, the New Life Church, is a not-for-profit organization, unlike most other recent annexations where the proponents are developers or larger property owners wishing to develop their properties to a higher or better use. Staff does note that there still would be some direct costs that the City would have to incur including multiple mailings to property owners, a$50.00 fee when initially filing with the BRB, multiple printings of the Notice of Intent package, and other sundry costs. A fee of$500 would likely cover these costs. CONCLUSION: The proposed New Life—Aqua Barn Annexation represents a large portion of the recently considered Maplewood Addition—Expanded Annexation that Council considered the summer and fall of 2006. Within a few weeks of the anticipated effectuation of this annexation, it was pulled in response to a State Supreme Court ruling that the BRB had erred in expanding a similar annexation in Redmond. Because of the recent consideration of this area and staff's understanding of issues related to it, the Administration supports modifying the established $2,500 processing fee for the New Life—Aqua Barn Annexation. 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Y3I�* X161Ar �w•.a `"' I ��•♦ ��itOAI ti ma ►1,��1��� =■�3= lQlbs %.�•I♦- �'� _Ci `�gnat ` � k, s*�Aff,am MT 1�.44 f111 ny Q il■ wn B. • w V/I:4IPO�Y 1dif61' 2tal _ uii.'i I�I■01 j111\i.�Ii iilp��I�i i w w 61 „:1: 111 •_ fiiMaUm ai ll 21111 ■• -k a wra. ' .0.�4 , f�1��1 �� r'�,i^�� w ay���.w wa �1 �� i11/rQ pll� wti X111/!i,� �f .■w. tlL7.u23'LLnu■--��- 1111/��,Iw , al.•AL•4A1 is',. �•-•m as finalIPMIrinv �S q” w �I 1i�\i ��I��IO�1�3��_ New Life Church - Aqua Barn Annexation p 1500 3000 S' Vicinity — — City Limits alid :::::!:' :'<:;'< �tijY\?� Economic Development,Neighborhoods&Strategic Planning - • - Urban Growth Boundary 1 18000 ♦�: Alex Pietsch,Administrator p C.E.Feasel Stud Area �N?O 06 March 2007 y CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: For Agenda of: losiv Dept/Div/Board.. Finance & IS Department April 2, 2007 Staff Contact Michael E. Bailey . Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Correspondence.. Ordinance to Amend Fees for Ordinance X Water Utility Balance Searches Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Staff presents an ordinance amending Ordinance 5127. This ordinance eliminates the$25 fee for Internet water utility balance searches and reduces the fee for water utility balance searches requested by fax, messenger, or letter from $50 to $25. STAFF RECOMMENDATION: Approve the ordinance and present for first reading. H:\FINANCE\ADMINSUP\01_AgendaBills\2007_Ord for fees for water utility balance searches.doc �`SY O FINANCE AND INFORMATION SERVICES 0 ♦ DEPARTMENT • MEMORANDUM DATE: March 26, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor " FROM: Mike Bailey, Administrator STAFF CONTACT: Cindy Zinck, Finance Analyst Supervisor, ext. 6931 SUBJECT: Fees for Water Utility Balance Searches ISSUE Should the City amend Ordinance 5127 to eliminate the $25 fee for Internet water utility balance searches, and reduce the fee for water utility balance searches requested by fax, messenger, or letter from $50 to $25? stow RECOMMENDATION Amend Ordinance 5127 resulting in reducing the fee amounts. BACKGROUND The City adopted Ordinance 5127 to set fees for water utility balance searches conducted on the Internet. At that time the City used an outside Internet company, Webcheck, that charged the City a fee. Ordinance 5127 passed this fee onto the customer along with adding a small amount to be retained by the City. The City now has developed an Internet based water utility balance search system and requires no fee for its use. Ordinance 5127 also set a fee of$50 for water utility balance searches requested by fax, messenger, or letter. The purpose of this fee was to offset the higher costs of manual searches and to encourage customers to conduct searches on the Internet using Webcheck. The intent was to reduce the workload on the utility billing staff by shifting the search work to Webcheck's website, and to reduce customer costs since they could get the same service from Webcheck for $25. CONCLUSION The City should amend Ordinance 5127 and lower costs for our utility customers by eliminating the $25 fee for Internet water utility balance searches, and reduce the fee for water utility balance searches requested by fax, messenger, or letter from $50 to $25. MEB/CZ/dlf cc: Linda Parks,Fiscal Services Director H:\FINANCE\ADMINSUP\02_IssuePapers_memos to Council or Mayor\2007_Fee for Water Utility Balance Searches.doc Amends ORD 5127 CITY OF RENTON, WASHINGTON DRAORDINANCE NO. • AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 5-1-2.K TO CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO ADOPT SERVICE FEES FOR UTILITY OUTSTANDING BALANCE SEARCHES. WHEREAS, the City provides utility outstanding balances to title and escrow companies at the close of property sales in Renton; and WHEREAS, the cost of providing a water utility outstanding balance search should be paid by those requesting the information, and not by all rate payers; and WHEREAS, the City Council has determined that fees assessed in the following amounts are reasonable fees, and these fees are based on the actual cost of providing these special services: Twenty-five dollars ($25.00) for an internet water utility balance search is Nei hereby deleted; and the fifty dollar ($50.00) fee for water utility outstanding balance search requested by fax,messenger, or letter, is hereby reduced to twenty-five dollars ($25.00). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-1-2.K, of Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended, to read as follows: K. Utility Fees: Special Request Water Meter Reading $30.00 Utility New Account Setup $25.00 1 ORDINANCE NO. Pp Utility Billing Account Transfer $5.00 'tfti' Water Utility Outstanding Balance Search Requested By Fax, Messenger or Letter $25.00 SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication, and the new fees will be charged beginning June 1, 2007. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker-Wheeler, Mayor Approved as to form: 'rrr Lawrence J. Warren, City Attorney Date of Publication: ORD. 2 H:\FINANCE\ADMINSUP\03_Ordinances_Resolutions\2007_Ord re service fees for outstanding balance searches.doc A. CITY OF RENTON COUNCIL AGENDA BILL AIH: 6 . 4 - Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department April 2, 2007 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Correspondence.. Ordinance Amending RMC Title VIII to Charge Lien Ordinance X Filing Costs to the Customer Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment ilkimi Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Staff presents an ordinance to add language to the Renton Municipal Code, Title VIII, to provide the City the right to claim its collection costs and attorneys' fees for the filing and foreclosure of liens for delinquent utility bills. STAFF RECOMMENDATION: Approve the ordinance and present for first reading. IiirooK H:\FINANCE\ADMINSUP\0l_AgendaBills\2007_Ord to amend Title VIII to charge lien filing costs to customer.doc ti` YO'et FINANCE AND INFORMATION SERVICES �, DEPARTMENT • -1\4Try0 MEMOR ANDUM DATE: March 26, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: )'4*Kathy Keolker, Mayor G FROM: `� Mike Bailey, Administrator STAFF CONTACT: Cindy Zinck, Finance Analyst Supervisor, ext. 6931 SUBJECT: Ordinance Amending RMC Title VIII to Charge Lien Filing Costs to the Customer ISSUE Should the City adopt an ordinance to amend Renton Municipal Code (RMC), Title VIII, Health and Sanitation, by adding language to allow the City to claim its collection costs and attorneys' fees for the filing and foreclosure of liens? RECOMMENDATION Adopt an ordinance that adds language to the RMC, Title VIII, to provide the City the right to claim its collection costs and attorneys' fees for the filing and foreclosure of liens. BACKGROUND It is staff's intention to begin routinely processing property liens in cases where delinquent utility bills remain unpaid for an extensive period of time. This protects the property owner and any future property owners by making it clear through a title search that delinquent utility bills exist (since they run with the property.) It is anticipated that this would reduce the confusion that occurs, especially when property with delinquent utility bills changes hands. Only Chapter 1 of Title VIII, Garbage, includes language to claim its collection costs and attorneys' fees for foreclosure of a lien. The proposed action adds that same language in Chapter 1 to Chapters 2, 4, and 5 of Title VIII, thereby providing the City the ability to claim the costs of the filing and foreclosure of liens for any delinquent utility service. It would be our intent to place a lien on property only after the utility bill is significantly past due, but prior to the 4 month limit for placing such a lien. This would apply to those properties where water service has been disconnected and those where the City does not provide water service. MEB/CZ/dlf cc: Linda Parks,Fiscal Services Director fir+` H:\FINANCE\ADMINSUP\02_IssuePapers_memos to Council or Mayor\Foreclosure of Liens.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, STORM AND SURFACE WATER DRAINAGE, CHAPTER 4, WATER, AND CHAPTER 5, SEWERS, OF TITLE VIII (HEALTH AND SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" IN ORDER TO CHARGE LIEN FILING COSTS TO THE CUSTOMER. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 8-2-1.A.5 of Chapter 2, Storm and Surface Water Drainage, of Title VIII(Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended, to read as follows: 5. Lien and Enforcement: Any such delinquent charges shall become a lien against the property for which the Storm and Surface Water Drainage collection service is rendered. A notice of the City's lien for Storm and Surface Water Drainage collection service specifying the charges, the period covered by the charges, and giving the legal description of the premises sought to be charged, shall be filed with the office of the King County Auditor within the time required by RCW 35.67.210, shall be foreclosed in the manner set forth in RCW 35.67.240 and within the time prescribed in RCW 35.67.230. The City shall have the right to claim its collection costs and attorney's fees for foreclosure of the lien. SECTION H. A new Section, 8-2-1.A.6, of Chapter 2, Storm and Surface Water Drainage, of Title VIII(Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 1 , ORDINANCE NO. 6. Responsibility for Charges: The customer receiving the collection services shall have a personal obligation to pay charges for said services. This obligation is in addition to the obligations detailed in this Section. The City's Storm and Surface Water Drainage Utility shall have the absolute authority, except as limited by law, to refuse to furnish service to, to discontinue service to, or to refuse to resume services to any applicant or customer on account of their failure to pay delinquent bills owing said utility by such person, whether such bills cover service at the premises sought to be served, or elsewhere within the City. SECTION III. Section 8-4-12 of Chapter 4, Water, of Title VIII(Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: DELINQUENT CHARGES: A. All charges for water service shall be charged against the premises to which the Now services were furnished and the City shall have a lien against the premises to which said water services were furnished for four(4)months' charges due or to become due, but not for any charges more than four(4)months past due. Such lien may be enforced by cutting off the water service to the premises until such time as the delinquent unpaid charges, together with the sum of sixty dollars($60.00) additional for the expense of turning the water off and on, have been paid to the Finance and Information Services Administrator or his/her designated representative. B. Responsibility for Charges: The customer receiving the collection services shall have a personal obligation to pay charges for said services. This obligation is in addition to the obligations detailed in this Section. The City's Water Utility shall have the absolute authority, except as limited by law, to refuse to furnish service to, to discontinue service to, or to refuse to resume services to any applicant or customer on account of their failure to pay delinquent bills Now 2 ORDINANCE NO. owing said utility by such person, whether such bills cover service at the premises sought to be ..4100 served, or elsewhere within the City. SECTION IV. Section 8-5-16.B of Chapter 5, Sewers, of Title VIII(Health and Sanitation)of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: B. If customers' sewer bills are not paid by the due date(twenty-five(25)days from the date of billing)they will receive a mailed shutoff notice stating that if their accounts become delinquent because of non-payment after forty-five (45)days from the date of billing the Planning/Building/Public Works Department will be directed to cut off the water service to the premises and enforce the lien upon the property to which service has been rendered, and such lien shall be superior to all other liens or encumbrances except those for general taxes and special assessments. Such liens may be foreclosed by the City in the manner provided by law for the enforcement of the same, and for delinquent sewer charges, in addition to all other remedies provided. There will be an additional sum of sixty dollars ($60.00) charged for the expense of turning the water off and on when all charges to the City plus penalties have been paid. The City shall have the right to claim its collection costs and attorney's fees for foreclosure of the lien. SECTION V. A new Section 8-5-16.0 of Chapter 5, Sewers, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows, with the remaining section renumbered as Section 8-5-16.D: C. Responsibility for Charges: The customer receiving the collection services shall have a personal obligation to pay charges for said services. This obligation is in addition to the obligations detailed in this Section. The City's Sewer Utility shall have the absolute authority, Nord 3 ORDINANCE NO. except as limited by law, to refuse to furnish service to, to discontinue service to, or to refuse to resume services to any applicant or customer on account of their failure to pay delinquent bills owing said utility by such person, whether such bills cover service at the premises sought to be served, or elsewhere within the City. SECTION VI. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Nifter Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1340:3/20/07:ma 4 CITY OF RENTON COUNCIL AGENDA BILL AI#: 6 , / . Submitting Data: Planning/Building/Public Works For Agenda of: April 2, 2007 Dept/Div/Board.. Technical Services Staff Contact Karen McFarland, x7209 Agenda Status Consent X Subject: Public Hearing.. Final Approval for the Vineyards Construction, Correspondence.. LLC/NE 7th Place(LA-06-002) Latecomer Agreement Ordinance Request Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Final Latecomer Agreement Information Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept Other ' Fiscal Impact: N/A 1111° Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: City code allows that when sanitary sewer facilities are installed by a developer, the City may grant a latecomer agreement in order to ensure each property that benefits from the new facility be assessed its fair share of the costs. On March 20, 2006, Council granted preliminary approval of a latecomer agreement(LA-06-002)request to Vineyards Construction, LLC. Following construction and the determination of actual costs, staff presents the latecomer agreement for final approval by Council. Vineyards Construction, LLC has installed the agreed upon improvements and transferred the title to all of these improvements to the City. The final cost of$122,569.02 is $50,393.37 more than the original estimate of$72,175.65. STAFF RECOMMENDATION: Grant a final 15-year latecomer agreement(LA-06-002) to Vineyards Construction, LLC for the sewer main extension along NE 7th Place, and authorize staff to finalize the latecomer agreement per City code. H:\File Sys\PRM-Property Services Administration\PRM-27-Assessment Districts From 1994 and Forward\0033\agbill0307.doc\KLMmd �ti` Y 0� PLANNING/BUILDING/ ' ♦ , PUBLIC WORKS DEPARTMENT ‘e'P-4 Nrc0 MEMORANDUM DATE: March 19, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: `yam Kathy Keolker, Mayor FROM: Gregg Zimmerman, Asministrator STAFF CONTACT: Karen McFarland, Technical Services Specialist (ext. 7209) SUBJECT: Final Approval for the Vineyards Construction, LLC/NE 7th Place (LA-06-002) Latecomer Agreement Request ISSUE: Does Council wish to grant final approval for a 15-year latecomer agreement (LA-06- 002) to Vineyards Construction, LLC for the installation of approximately 470 lineal feet of sewer main along NE 7th Place? Now RECOMMENDATION: Grant Vineyards Construction, LLC's request for a latecomer agreement, and give final approval for a latecomer agreement to extend the sewer main along NE 7th Place. BACKGROUND SUMMARY: On February 23, 2006, Cliff Williams of Vineyards Construction, LLC submitted an application for a latecomer agreement. This latecomer agreement would allow the applicant to recover a portion of the costs associated with extending sewer main along NE 7th Place. On March 20, 2006, Council granted preliminary approval of Vineyards Construction, LLC's latecomer request. At that time, the estimated cost of the proposed sewer was $72,175.65. As allowed by City code, developers may ask for reimbursement of a pro rata portion of the original costs for public works facilities they install and turn over to the City. Vineyards Construction, LLC has extended the sewer main. Thus, having installed all of the agreed upon improvements, and having transferred title to all of the improvements to the City, the development company has completed all of the actions required to finalize this latecomer agreement. Niro, Vineyards Construction/NE 7`h Place Latecomer Agreement March 19,2007 Page 2 of 2 Latecomer agreements are contracts between the City and a developer for construction of public works facilities, and they authorize reimbursement of a developer by other property owners who did not contribute to the original cost of the facilities and who subsequently tap into or use the facilities. The proposed latecomer agreement would require the owners of benefiting properties to pay an equitable share of the cost of these facilities if they decide to use them. The properties to be included in the proposed latecomer agreement currently do not have sewer service available. This facility is a local service facility, and as such, will only benefit the properties directly adjacent to the new main. Since the only benefiting parcels are those that front the facility, we have established a direct benefit charge only. The final cost of the installed sewer line was $122,569.02. This is $50,393.37 more than the original estimate of$72,175.65, which was granted in the preliminary approval. According to the developer, the actual construction costs were higher than the estimated costs"because of the removal of unsuitable trench backfill material and [the] import of select trench backfill per [the] City inspector and the project geotechnical engineer." The original assessment was calculated using a per unit connection method. This method took the number of expected connections and divided the cost of the sewer improvements equally to determine an assessment amount. Since the final costs were so much higher than the original estimates, we revised the methodology and put more of the burden on the developer. Thus, for the final assessment, we chose to calculate the benefited area utilizing a front footage method. This method takes the frontage of the lot and divides the cost of the sewer improvements equally to determine an assessment amount. Therefore, the assessment, based upon the final cost, is $207.74 per front foot. Each lot will be assessed $10,540.93. This is $1,518.98 more than the original estimate of $9,021.95 per lot in the preliminary approval. CONCLUSION: City code allows that when sanitary sewer facilities are installed by a developer, the City may grant a latecomer agreement in order to ensure each property that benefits from the new facility be assessed its fair share of the costs. Following construction and the determination of actual costs, staff presents the latecomer agreement for final approval by Council. Therefore,we recommend that the Council approve staff's request to grant a final 15-year latecomer agreement (LA-06-002) to Vineyards Construction, LLC for a sewer main extension along NE 7th Place, and authorize staff to finalize the latecomer agreement per City code. cc: Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater and Technical Services Supervisor cc w/att: Mike Dotson,Development Services Engineering Specialist `rrr� P:\PRM-27-Assessment Districts From 1994 and Forward\0033\IP fn10307.doc\KLMmd Return Address: Nits City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: LATECOMER'S AGREEMENT Property Tax Parcel Numbers: 664950-0040; Project File#: PRM-27-0033 664950-0050; 664950-0200; 664950-0210 and 664950-0220 Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. Vineyards Construction L � .. Complete legal description is in Exhibit`B"of this document LEGAL DESCRIPTION: A portion of the Southwest Quarter of Section 10, Township 23ge 5 ��‘2 . . in • the City of Renton, King County, Washington ��� THIS AGREEMENT made and entered into this ; , 20 , by and between the CITY OF RENTON, hereat ,a erred to • • ,"and Vineyards Construction LLC,hereinafter referred to as`":6,,*• : ""• ""Z•A''''V :'° ' 'mow WHEREAS,the DEVELO • +us o ce n wastewater systems and appurtenances thereto at _ e hers • 'w described property and to connect same to the"CITY'S" utility 6 fat provements will constitute an integral part thereof; and • � _< N WHE • othe• ;• -' i• •,:;`,.j, or users are presently available to share in the cost and � expense • h>� ructt:� ch improvements,and the parties hereto having in mind the provision .• . "Municipal Water and Sewer Facilities Act"(R.C.W. 35.91.020, et seq.)and st •y 's legislation (R.C.W. 35.72.010, et seq.); and WHEREAS, the"DEVELOPER" is willing to pay all the costs and expenses for the installation of said improvements; NOW, THEREFORE, IT IS HEREBY AGREED AND CONVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: Page 1 fir+/' PRM27-0033: VINEYARDS CONSTRUCTION/NE 7TH PLACE LATECOMER AGREEMENT 1. The "DEVELOPER"hereby acknowledges and covenants that he is the owner of the following described property, to wit: See Exhibit"A" and the"DEVELOPER"hereby agrees and covenants to cause to have installed the following described improvements,to wit: 1. 295 linear feet of 8-inch PVC Sewer Main 2. 3 48-inch diameter manholes and such installation to be made in full compliance with all applicable Q . regulations of the"CITY". The"DEVELOPER" further covena s b % at all expenses and claims in connection with the construction a s atg es tion of th t id improvements, whether for labor or materials or both,,k -en • 'Jl be paid i ,'"all at the"DEVELOPER'S"expense, and the"DEVELOP. t " • nts and agrees to hold • the"CITY"harmless from any liability ini$@ a ,w;-i+n there' �.4 3a. �q¢. ,. ¢gam { E i r.. �,�" t ti ; N 4 "Y.. 2. The"DEVELOPER"furt r -s that ,; . -:: ;T::"a '':d construction as hereinabove specifi 1. " . See ms . Sit"13"attached hereto for the legal description of the b � � � s e lands affected by this latecomer agreeE "a 'ereto for the map showing in outline the land ; Y � =�i ion t Y, s per the terms of this agreement. xx y3 rtt The f m� �� "e cost of said improvement shall be employed to determine the pro rata rei ° ',''ent to the"DEVELOPER"by any owner of real estate who did not contribute to the original cost of such improvement, and who subsequently wishes to tap into or hookup to or use said facilities, which tap or hookup shall include connections to lateral or branches connecting thereto, all subject to the laws and ordinances of the "CITY"and the provisions of this agreement. The method of determining latecomer payments shall be by: Page 2 *ore PRM27-0033: VINEYARDS CONSTRUCTION/NE 7TH PLACE LATECOMER AGREEMENT The method of determining latecomer payments shall be by: A combination of the Front foot and the Per unit connection methods The pro rata cost is $10,540.93. 3. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest. 4. The"DEVELOPER"hereby agrees and covenants to convey,transfer,and assign unto the "CITY"all rights, interest and title in and to said improvements and all appurte tu: s and \. accessories thereto, free from any claim and encumbrance of any party whsa, » P , A "CITY"agrees to accept and maintain said improvement as part of �.. Am upon approval thereof by the Administrator of the PlanningBuildi s u ' i i„ ' ork ` ent e or his/her authorized representative and after inspectio i on ction. T F,n: f ` "DEVELOPER"further agrees and covenants to execu . * + r unto the ` Y„ any and all documents including Quit Claf .V- •s and B C le that may reasonably be necessary to fully vest title in the `CI E�*0 ;. .+ ,-ctuat::- nveyance and transfer. The "DEVELOPER" rther ag,. . 'd g * pay unto the "CITY"such -'R service charges or othe : '41 ay be , : PRM27-0033: VINEYARDS CONSTRUCTION/NE 7TH PLACE LATECOMER AGREEMENT the terms of this agreement within thirty(30)days after receipt thereof, less a 15% administration fee. Furthermore, in case any tap, hookup, or connection is made into any such contracted facility without such payment having been first made,the legislative body of the"CITY" may cause to have removed such unauthorized tap, hookup, or connection, and all connections or related accessories located in the facility or right-of-way, and dispose of such unauthorized material so removed, without any liability on the part of the "CITY"whatever. It is further agreed, and covenanted that upon expiration of the terms of this agreement;to wit: 15 years from date hereof,the "CITY" shall be under no further obligation to collect or make any further sums unto the"DEVELOPER". At The decision of the Administrator of the Planning/Building/Public W. ` : ent or his/her authorized representative in determining or computing • d .ny benefited owner who wishes to hookup to such improve.110'tit* be final and'c't'41 3-'ve in all respects. 7. It is further agreed and understood that t t�' '.ed i .ents to be undertaken and paid for by the"DEVELOPER"hav: 0 i-or45.Cyt . connected with the utilities/transportation s ,- "CI connection and acceptance by the "CITY"thrs, egg body, � > � =xtension and/or improvement shall be and become a .art o . tt t i . :' transportation systems. 8. h emen .. .e p £t.; ir record with the King County Auditor's Office within this �t=`.ays t execution of the agreement. 9. Before th.' '?TY"will collect any latecomer's fee, the "DEVELOPER"will transfer title to all of the improvements under the latecomer's agreement to the"CITY". The "DEVELOPER"will also assign to the"CITY"the benefit and right to the latecomer's fee should the "CITY"be unable to locate the"DEVELOPER"to tender any latecomer's fee that the"CITY" has received. The"DEVELOPER" shall be responsible for keeping the "CITY" informed of its correct mailing address. Should the"CITY"be unable to locate the"DEVELOPER" in order to deliver a latecomer's fee, the"CITY" shall undertake an Page 4 PRM27-0033: VINEYARDS CONSTRUCTION/NE 7TH PLACE LATECOMER AGREEMENT independent investigation to determine the location of the"DEVELOPER". Should the "CITY"after a good faith attempt to locate the "DEVELOPER"be unable to do so,then the latecomer's fee shall be placed in the Special Deposit Fund held by the "CITY"for two(2)years. At any time within the two-year period the"DEVELOPER"may receive the latecomer's fee, without interest, by applying to the"CITY" for that latecomer's fee. After the expiration of the two-year period, all rights of the "DEVELOPER"to that fee shall expire, and the"CITY" shall be deemed to be the owner of those funds. 10. When the"CITY"has received the funds for a latecomer's fee, it will forward that,fee to •yP[b the"DEVELOPER"within thirty(30)days of receipt of the funds. Funds r;:�'f- i negotiable instrument, such as a check, will be deemed received ten( �r delivery to the"CITY". Should the"CITY"fail to forward theel ,co ="r's "DEVELOPER"through the"CITY'S" sole negligence,, a= r "CITY" shall g ,0 "DEVELOPER" interest on those monies at the rate o ` `e Percent per anfAum. However, should the"DEVELOPER"not he"CIT E ed of its current correct mailing address, or should the "DEVEL ' *,,, rise b;:. e: -nt and thus contribute to the failure of the "CITY"to say over t no interest shall accrue on late payment of the 1 m , t•e. Itt•0';'4. t 11. When authorized by �b���sh . -"'mer's agreement can be granted for a period ':- of ince .rs. vs'extensions will be granted beyond the period of blishef4; r The latecomer's agreement will expire at the end of the per e e ed by the City Council. 12. By instit the latecomer's agreement,the"CITY"does not agree to assume any responsibility to enforce the latecomer's agreement. The recorded latecomer agreement will be a matter of public record and will serve as a notice to the owners of the potential assessment should connection to the improvements be made. The assessment roll listing the affected properties and the pro-rata potential latecomer charge for each will be on file with the"CITY". The"DEVELOPER"has responsibility to monitor those parties connecting to the improvement. Should the"CITY" become aware of such a connection, Page 5 PRM27-0033: VINEYARDS CONSTRUCTION/NE 7TH PLACE LATECOMER AGREEMENT lad it will use its best efforts to collect the latecomer's fee, but shall not incur any liability should it inadvertently fail to collect the latecomer's fee. . 4dk fr A 't" i R^ i, ," w r� ; �1,Y; 3 : , ; .x air, � y, �. 3 a F �� lGd r K r' Page 6 PRM27-0033: VINEYARDS CONSTRUCTION/NE 7TH PLACE LATECOMER AGREEMENT CITY OF RENTON By: Mayor Kathy Keolker By: Bonnie I. Walton, City Clerk Notary Seal must be within box STATE OF WASHINGTON )Ss ,-,.e....`,,'‘..\ COUNTY OF KING ) 4:#.4t ', On this day of ,20 ,I certify ,i: or have satisfactory evidence that Kathy Keolker-Wheeler is t,!...2„,..,,,. .,ia s m ppeared before me,and who signed this instrument,on oath stated h zed to execute the instrument and acknowledged as the May. le ` of � �•'e to be the free and voluntary act of such party for th , purposes me ; the instrument. ...f.,%,. i� ° Notary Public i Ai i,,the State 4 ington Notary(Print) , Nitre My appointmeti A71%,4-17,1111.6i,„'41 Dat-,.., ` .' £ ..s , • � � ," S a ' ' r V'S .*:71: ' 11 & 141110, Page 7 PRM27-0033: VINEYARDS CONSTRUCTION/NE 7TH PLACE LATECOMER AGREEMENT DEVELOPER By: By: INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: :$ .` -• Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT • NotarySeal must be within box STATE OF WASHINGTON )SS � ,�-"s:; •,, COUNTY OF KING ) • z x. M I certify that I know or have satisfactory e zE ifs .t .t�49� •,"yob,.a.. i igned this ins on oath stated that he/she/they was/were .ti , + e the instrume and acknowledged it as the and of to and voluntary act of such party/parties for the t1 ,� _ ;' •oses •m i`cci the instrument. t ra ' '4011104 No blic in :••,t Washington tst) eent 4i y ri¢7a r, CKNOWLEDGMENT Notary Seal mus s c + .ox IS O I TON )SS .:41— YOF G ) -04 day of ,20 ,before me personally appeared to me known to he of the corporation that w? executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein "'' r:•, mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Page 8 EXHIBIT A VINEYARDS CONSTRUCTION/NE 7TH PL LATECOMER AGREEMENT(PRM27-0033) DEVELOPER PROPERTY LEGAL DESCRIPTION: Lots 6, 18 and 19 of Park Terrace, Division No. 1, in Volume 65 of Plats, Pages 18 and 19, records of King County, Washington. All situate in the Southwest Quarter of Section 10, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. EXHIBIT B VINEYARDS CONSTRUCTION/NE 7TH PL LATECOMER AGREEMENT(PRM27-0033) AREA OF LATECOMER LEGAL DESCRIPTION: Lots 4, 5, 20, 21 and 22 of Park Terrace, Division No. 1, in Volume 65 of Plats, Pages 18 and 19, records of King County, Washington. All situate in the Southwest Quarter of Section 10, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. EXHIBIT C LATECOMER AGREEMENT VICINITY MAP `..."' NE 7TH PLACE SANITARY SEWER EXTENSION r-- 1 13 1 t 1 lf,4114 8-----2 7 1 Paye PES > � fr 3 WW 14 z• /44 ::,,,,,/ /, `tilv��/i/��� 5lip 4 / �� '^ ' NE 7THPCACE ) �_ ' (SE I21at5T) 16 �r 20 22 / 21 17 / / f 23 LEGEND EXISTING SANITARY SE14ER • 1EX/STING MANHOLES 7. — — — PROPOSED NE 7TH PLACE SANITARY SE14ER EXTENS/ON 1 LATECOMER BOUNDRY N r J1.1 BENEF/TED PROPERAES A fd:, / DEVELOPERS PROPERTY SCALE: /A DEkELOPER S PROPERTY BY OTHERS CITY OF RENTON COUNCIL AGENDA BILL AIN: - 1• Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division April 2, 2007 Staff Contact Robert Lochmiller, x7303 Agenda Status Consent X Subject: Public Hearing.. Maple Valley Highway (SR 169) Improvements Correspondence.. (Phase II) Ordinance Supplemental Agreement No. 8 with Resolution Perteet Engineering, Inc. (CAG 01-071) 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: 317.12175.016.5950.0000.67.000000 Expenditure Required.. $ 89,190 Transfer/Amendment Amount Budgeted $ 5,900,000 Revenue Generated $ 2,973,993 Total Project Budget $ 9,030,497 (2007-2012) City Share Total Project.. $ 4,744,545 SUMMARY OF ACTION: This supplemental agreement provides for the design work needed to accommodate WSDOT's review of the project, which includes relocating/revising a stormwater vault within WSDOT's limited access. Further review from the City's Maintenance Division concluded that a new type of stormwater treatment facility would better serve the City in future maintenance time and costs. The supplemental agreement will also include potholing (locating elevations of existing underground utilities) on all locations where new utilities and existing utilities cross. This was originally left in the construction contract for the contractor to verify. We believe doing this work up front will eliminate conflicts from happening and delaying the construction activities on a heavily traveled roadway. This will also help lower the construction costs because the risk for the contractor is much lower. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 8 with Perteet Engineering, Inc. in the amount of$ 89,190. 1/41.1101 H:\Division.s\TRANSPOR.TATDESIGN.ENG1Rob\SR 169-Maple Valley Improvements\Supplement\Supplement#8\070316 Agenda Bill Supp#8.doc �ti°c O PLANNING/BUILDING/ *011160, .6, ♦ PUBLIC WORKS DEPARTMENT • MEMORANDUM DATE: April 2, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: )(' Kathy Keolker, Mayor FROM: Gregg Zimmerma ,5 ministrator STAFF CONTACT: Rob Lochmiller, Transportation Design Project Manager (x7303) SUBJECT: Maple Valley Highway(SR 169) Improvements (Phase II) Supplemental Agreement No. 8 with Perteet Engineering, Inc. (CAG 01-071) ISSUE: Should Council authorize the Mayor and City Clerk to execute the supplemental agreement with %lime Perteet Engineering, Inc. in the amount of$ 89,190 for the Maple Valley Highway Improvement Project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 8 with Perteet Engineering, Inc. in the amount of$ 89,190. BACKGROUND: Transportation Systems Division is completing the final plans, specifications and estimates for the Maple Valley Highway project. Additional items have come up from both WSDOT's and the City's review that need to be addressed. This supplemental agreement provides for the design work needed to accommodate WSDOT's review of the project, which includes relocating stormwater vaults within WSDOT's limited access. Further review from the City's Maintenance Division concluded that a new type of stormwater treatment facility would better serve the City in future maintenance time and costs. Toni Nelson,Council President Members of the Renton City Council Page 2 of 2 April 2,2007 The supplemental agreement will also include potholing (locating elevations of existing underground utilities) on all locations where new utilities and existing utilities cross. This was originally left in the construction contract for the contractor to verify. We believe doing this work up front, which will eliminate conflicts from happening and delaying the construction activities on a heavily traveled roadway. This will also help lower the construction costs since the risk for the contractor is much lower. cc: Peter Hahn,Deputy P/B/PW Administrator—Transportation Robert Hanson,Transportation Design Supervisor Rob Lochmiller,Transportation Design Project Manager Connie Brundage,Transportation Administrative Secretary H:Division.s\TRANSPOR.TAT\DESIGN.ENG\Rob SR 169-Maple Valley ImprovementsSupplement'Supplement N8\Perteet Supp-8 Issue Paper 070316.doc 71 Washington State Department of Transportation Organization and Address Supplemental Agreement No. 8 Perteet, Inc. PO Box 1186 Everett, WA 98206-1186 Agreement Number CAG 01-171 Project Number Phone 425-252-7700 Project Title New Maximum Amount Payable Maple Valley Highway Improvement Project $ 1,127,967 Description of Work Additional drainage work and Utility Potholing The Local Agency of City of Renton desires to supplement the agreement entered into with Perteet, Inc and executed on June 5, 2001 and identified as Agreement No. CAG 01-171 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. *r The changes to the agreement are described as follows: Section 1,SCOPE OF WORK, is hereby changed to read: The original scope of services is amended to include additional services as described in detail in the attached Exhibit"B". I I Section IV,TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: May 30, 2007 III Section V, PAYMENT, shall be amended as follows: Additional services described in Exhibit"B"will cause an increase to the contract of$89,190 as shown in the attached exhibit "D-1" for a new Maximum Amount Payable of$1,127,967. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. Dated this day of , 2007. By: By: Perteet, Inc. ern°_ Consultant Signature Approving Authority Signature DOT Form 140-063 EF Revised 10/97 Exhibit "B" — Supplemental Agreement No. 8 Scope of Services City of Renton Maple Valley Highway (SR 169) 140th Way SE Intersection Improvements Vicinity of I-405 Northbound Freeway Ramps Phase 2 — Park Maintenance Relocation Modifications INTRODUCTION This work supplements the scope of services for Phase 2 final construction documents to provide additional drainage design, potholing and curb and paving modifications as summarized below. 1. The City desires to change the type of water quality treatment for both the east and west stormwater basins from a sand filter to a media filter and provide additional drainage profiles for the entire stormwater system. 2. The City desires to revise the stormwater conveyance system to treat an equivalent area on the south side of Maple Valley Highway instead of the north side in the east basin. 3. The City desires to conduct additional potholing for potential conflicts between the proposed stormwater design and other utilities. ,,�✓ 4. The City also desires to add curb in the northeast corner of the Maple Valley Highway/ I-405 ramp intersection. 5. The City desires to extend paving limits to include a portion of the I-405 off ramp on the north side of Maple Valley Highway as well as the full width of Maple Valley Highway up to Sunset Boulevard. 6. The City desires to include concrete pads for all fire hydrants within the project and adjust the location of two hydrants. 7. The City desires to make water line modifications to accommodate the media filter design at the I-405 off-ramp, the adjustment of fire hydrants and the needs of the re- developed Stoneway site. 8. The City desires to update the Geotechnical Report to accommodate WSDOT's current seismic design and sign/signal pole foundation design requirements. The scope of services of the basic agreement is amended to add the following scope of services items. All provisions of the basic agreement remain in effect except as expressly modified by this supplement: City of Renton Page 1 of 4 NIS Maple Valley Highway(SR 169) Supplemental Agreement No. 8 Scope of Services TIME FOR COMPLETION *we All work under this supplement agreement shall be completed within 30 calendar days of notice to proceed. SCOPE OF SERVICES A. Project Management and Coordination 1. Prepare and monitor budget supplement. 2. Additional Quality Assurance for drainage design. 3. Coordination with APS for additional potholing. B. Utility Coordination 1. No additional utility coordination is included, but if required can be provided under a supplement to this agreement. It is assumed that if potholing identifies conflicts with existing franchise utilities, the City will coordinate any necessary utility relocations. C. Surveying and Basemapping 1. Provide additional survey to locate additional potholes associated with potential utility conflicts. Up to 54 pothole locations are included. Vertical clearances under the 405 bridge will also be surveyed at 6 locations to verify that the overlay on Maple Valley Highway can be accommodated. D. Geotechnical Engineering Exploration and Analysis wow' 1. The geotechnical report prepared in March, 2003 will be revised per WSDOT review comments. This task includes updating the seismic design to reflect the current USGS Seismic Hazard Map and updating the foundation design for sign structures and signal poles to reflect current AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals. Up to one review by WSDOT limited to the revised portions of the report is included. Draft and final copies of the revised geotechnical report will be provided. Updating the retaining wall design to meet LRFD code is not included, but if required, will be performed with the City's authorization of additional funds. E. Environmental Documentation 1. No additional environmental documentation is included, but if required, can be provided under a supplement to this agreement. F. Channelization Plan for Approval 1. Curb modifications requested by the City at the I-405 ramp intersection will be incorporated into the channelization plan for approval. It is assumed that these modifications will require only one review by WSDOT, and that no modifications to the roadway section will result from the review. Both a draft and final channelization plans will be submitted to WSDOT with these modifications. Now' City of Renton Page 2 of 4 Maple Valley Highway(SR 169) Supplemental Agreement No. 8 Scope of Services G. Drainage 1. Update drainage basin maps to reflect changes in drainage design, as described below. %owy 2. Modify the water quality design for both the"west basin" and the "east basin." The current sand filter design will be replaced with a media filter vault to reduce the impact of reconstruction associated with this facility. This task includes incorporation of water quality calculations and incorporation of water quality system details and pipe conveyance associated with the system including pipe profiles in the final plans. 3. Modify the pipe conveyance at the east end of the project by replacing existing storm drainage pipe and structures with new pipe and structures. This task was not previously anticipated, but has been added at the request of city staff. This task includes incorporation of the new storm conveyance design including pipe profiles in the final plans. Provide pipe conveyance and inlet calculations for storm pipes with the project limits, at control points where peak flows will be the greatest,to verify adequacy of pipe size. Pipe calculations will be done using the Rational Method for flows and Manning equation for conveyance. Inlet capacity will be checked using FHWA nomographs using "inlet control" conditions. 4. Update the Drainage Report to incorporate the water quality modifications associated with the media filter design at two locations. 5. Attend up to three coordination meetings for the above drainage modifications. 6. Identify additional potholing locations for potential utility conflicts with the storm drainage design within the project limits. This task includes incorporation of pothole information in the final plans. 7. Prepare additional pipe profiles for the current pipe conveyance system not shown in the 90% plans for the entire project. This task includes incorporation of pipe profiles in the final plans. It is estimated that up to three new plans sheets will be added for pipe profiles. 8. Incorporate drainage details into the construction plans, showing the new stormfilter vaults. H. Retaining Walls 1. No additional retaining wall design is included. If re-design of retaining walls to meet LRFD code is required, this work will be performed with the City's authorization of additional funds. I. Landscaping and Irrigation 1. No additional landscaping and irrigation design is included, but if required, can be provided under a supplement to this agreement. J. PS&E 1. Paving limits will be extended to include a portion of the I-405 off ramp on the north side of Maple Valley Highway as well as the full width of Maple Valley Highway up to Sunset Boulevard. The edges of the ramp along the new curb in the northeast corner, the existing curb in the northwest corner and across the ramp at the tangent point of curb returns will be planed with a butt joint provided across the ramp for an overlay. The existing raised traffic island at the ramp terminus will be replaced. The existing pavement on Maple Valley Highway between the I-405 ramps and Sunset Boulevard will be planed along both existing curbs with a butt joint provided across Maple Valley Highway at Sunset Boulevard for an overlay. Construction sequencing, TESC plans. City of Renton Page 3 of 4 Maple Valley Highway(SR 169) Supplemental Agreement No. 8 Scope of Services roadway sections, and plan and profile sheets will be modified to accommodate the Noseextended paving limits. 2. Concrete pads will be included for all fire hydrants within the project and the location of two hydrants will be adjusted. 3. Water line modifications will be made to accommodate the media filter design at the I- 405 off-ramp, the adjustment of fire hydrants and the needs of the re-developed Stoneway site. Additional potholing locations will be identified for potential conflicts between water lines and other utilities. This task includes incorporation of pothole information in the final plans. 4. Final plan revisions associated with the drainage modifications are included in the drainage tasks listed above. Modifications associated with the paving limits, fire hydrants, water lines and curb will also be incorporated in the final plans. The special provisions and opinion of cost will be updated to incorporate these modifications. K. Right-of-way Documentation 1. No additional right-of-way documentation is included, but if required, can be provided under a supplement to this agreement. L. Bidding Assistance 1. No additional bidding assistance is included, but if required can be provided under a supplement to this agreement. 41100, City of Renton Page 4 of 4 Maple Valley Highway(SR 169) Supplemental Agreement No. 8 Scope of Services Exhibit"D-1" Consultant Fee Determination-Summary Sheet Project: Maple Valley highway Supplement No.8 Client: City of Renton HOUR ESTIMATE Classification Hours Rate Cost Associate 16 x $50.48 = $808 Senior Project Manager 46 x $48.37 = $2,225 Principal Surveyor 4 x $52.00 = $208 PLS 22 x $35.00 = $770 Lead Drainage Engineer 48 x $45.68 = $2,193 Design Engineer III-Site 130 x $30.00 = $3,900 Design Engineer III 72 x $33.00 = $2,376 Project Surveyor 8 x $28.50 = $228 CADD Operator/Drafter 98 x $30.50 = $2,989 Two Person Survey Crew 44 x $52.00 = $2,288 Clerical 2 x $20.00 = $40 TOTAL HOURLY COST = $18,025 OVERHEAD(OH COST-including Salary Additives): OH Rate x DSC 168.80% x $18,025 = $30,426 FIXED FEE(FF): FF Rate X DSC 35% x $18,025 = $6.309 REIMBURSABLES: Total Station$100/day $200 Mileage @ current federal rate $380 CADD Station @$10/hr $1,060 APS Potholing(Up to 54 potholes) $18,700 Misc $100 TOTAL REIMBURSABLE COST = $20,440 SUB-CONSULTANTS: Civiltech $0 Hough Beck&Baird $0 Shannon&Wilson $4,487 TOTAL SUBCONSULTANTS COST = $4,487 Management Reserve $9,500 GRAND TOTAL: _ $89,190 rreparea by: l,an tmieiu Date: March 22,200' Page 1 a t ( ( Project Hour Estimate Project:Maple Valley highway Supplement No.8 Client: City of Renton March 22,2007 - - 13Wr8r{ LAUD Prinei a SerumProject " • Loo8Oainege ESN 'ttginaoW. l gn PPfjeet Operator/ two Person UrbanTkaign Construction Total Tutt Total Teak TASK/MASS AMooiate Surveyor Munger PLS Engineer Planner Otte Engineer Dodger Surveyor Drafter Clerical Surrey Crew Manager Observer Hover Dame Rates $50.48 532,00 548.37 $35.00 5434$ $48.08 $30.00 S33-00 $23.00 $38.50 530.50 520.00 $52.40 $44.47 533.00 'project Management and Coordination Monitor project schedule and budget 4 4 $193 Additional Quality Assurance 4 4 $202 Coordination with APS 4 4 8_ $325 Survey and Basemapping 4 22 8 2 44 80 $3,534 Chunnelieation Plan(or Appro.al 4 8 8 20 $70r Ore nage I!pd.ac drainage Isom in.m" 4 N 6 18 - 5606 l)r, :. c..kolnunm lou,dater que6id 4 12 16` $543 C on,ey nnce.alculntnin.on.ue 2 8 10- 8331 Update dunnage report N 20 4� 32 $1,087 Attend cnordmetion meetings 12 8 8 28 $1,186 Prepare potholing information&incorporate in plum - 8 N 6 8 8 - 38 - $1,440 Storm pipe profiles f2 4 24 24 54 " S1,731 Phamoge Details 2+ 8 24 20 54 $1,792 0 $0 0 50 PS&It 0 $u Incorporate paving modifications I N8 17 - $556 Incorporate fire hydrant modifications 4 — 2 16 8 30 $1,071 Incorporate water line modifications 8 1 8 8 25 $936 Incorporate curb mod,hcamn, 2- 8 4 14 $483 Prepare Specifications 2 2 8 _ 12 $428 Prepare Quantities and Estimate 2 4 20 26- $877 0 SO Total Hours 16 4 46 22 48 0 130 72 0 8 98 2 44 0 0 490 Direct Salary Cost $808 $208 $2,225 $770 $2,193 $0 $3,900 $2,376 $0 $228 $2,989 $40 $2,288 $0 $0 $18,024 Direct Salary Coat $18,024 Expenses' Sub-consultants Overhead Cost 068.8%) S30,425 Outside pnntmg Cmdteoh SO Sub-local $48,449 Hough Beck&Baird $0 Net Fee(F,35%OPS 56,309 Mileage n3 current federal rate $380 Shannon&Wilson S4,487 Expenses $20,440 CADD Station:alit$10/hr $1,060 Subconsulmnts $4,487 Mac $100 Management Reserve $9,500 Total Station$100/day $200 GPS l4$200/day APS Potholing(Up to 54 potholes) $18,700 TOTAL COMPENSATION $89,885 TOTAL S20,440 TOTAL 7 C/DOCUME-IIRLOCHM-1tLOCALS-11TempyFee_Maple Valley Highway Park Maintenance Revsions-Supplement 8 3-19-07_1 XLS1Surronary Perteet Engineering. /no. Confidential Worksheet Page 1 CITY OF RENTON COUNCIL AGENDA BILL AI N: ' • k, Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division April 2, 2007 Staff Contact Ryan Zulauf, Airport Manager, Agenda Status x7471 Consent X Subject: Public Hearing.. Correspondence.. Memorandum of Understanding Regarding Airport Ordinance Issues Between the Cities of Renton and Mercer Island Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Memorandum of Understanding Information Resolution Recommended Action: Approvals: Legal Dept X Refer to Transportation/Aviation Committee Finance Dept Other... Fiscal Impact: Expenditure Required... $0 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. N/A SUMMARY OF ACTION: Renton is preparing the Airport Layout Plan update to the 1997 Airport Master Plan. The City's contracted Airport planning consultant has included in the draft Master Plan an alternative to add a corporate aviation center to the businesses based at the Airport, which is consistent with the adopted 2005 Development Study Recommendations. Residents of Renton neighborhoods and of Mercer Island have expressed the need for more information and a more in-depth study on the potential impacts of the Airport Layout Plan alternatives to fully understand the options available for Airport development. The cities of Renton and Mercer Island believe it is in their mutual interest to work cooperatively and amicably to ensure that both cities' interests are thoroughly considered. In addition, any future development at the Airport is: 1.)designed to manage noise, to the extent possible; 2.) consistent with FAA requirements and Renton's Business Plan; 3.)preserves the Airport as fiscally self-sustaining; and 4.) residents of both cities are appropriately informed about future development plans. STAFF RECOMMENDATION: 1. Approve the Memorandum of Understanding Regarding Airport Issues between the cities of Renton and Mercer Island. 2. Authorize the Mayor to sign the Memorandum of Understanding. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Agenda Bill--Memo of Understanding Renton-Mercer Island\Agenda bill MOU Renton-Ml.doc <CY O PLANNINGBUILDING/ , PUBLIC WORKS DEPARTMENT • hal -Nrc0 MEMORANDUM DATE: April 2, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Gregg Zimmerma6Wministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: Memorandum of Understanding Regarding Airport Issues Between the Cities of Renton and Mercer Island ISSUE: Should Council approve a Memorandum of Understanding regarding Airport Issues between the cities of Renton and Mercer Island? RECOMMENDATION: 1. Approve the Memorandum of Understanding Regarding Airport Issues between the cities of Renton and Mercer Island. 2. Authorize the Mayor to sign the Memorandum of Understanding. BACKGROUND SUMMARY: Renton is preparing the Airport Layout Plan update to the 1997 Airport Master Plan. The City's contracted Airport planning consultant has included in the draft Master Plan an alternative to add a corporate aviation center to the businesses based at the Airport, which is consistent with the adopted 2005 Development Study Recommendations. Residents of Renton neighborhoods and of Mercer Island have expressed the need for more information and a more in-depth study on the potential impacts of the Airport Layout Plan alternatives to fully understand the options available for Airport development. Toni Nelson,Council President Members of the Renton City Council April 2,2007 Page 2 of 2 The cities of Renton and Mercer Island believe it is in their mutual interest to work cooperatively and amicably to ensure that both cities' interests are thoroughly considered. In addition, any future development at the Airport is: 1.) designed to manage noise, to the extent possible; 2.) consistent with FAA requirements and Renton's Business Plan; 3.)preserves the Airport as fiscally self-sustaining; and 4.) residents of both cities are appropriately informed about future development plans. cc: Jay Covington,Chief Administrative Officer Peter Hahn,Deputy PBPW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell/Carolyn Currie,Airport Secretary h:\file sys\air-airport,transportation services division\03 projects\Oltasks\agenda bills\agenda bill--memo of understanding renton-mercer island\issue paper mou renton-mi.doc Memorandum of Understanding __ Regarding Airport Issues Cities of Renton & Mercer Island Background: RENTON is preparing an update of its the Airport Layout Plan update to the 1997 Airport Master Plan. The City's contracted airportAirport planning consultant has included in the draft Master Plan an option alternative to add a corporate jetaviation center to the businesses based at the Airport, which isin consistentce with the adopted 2005 Development Study Recommendations. Residents of Renton neighborhoods and of Mercer Island have expressed concern about the potential adverse effects of such a facilitythe need for more information and a more in-depth study onf the potential impacts of the Airport Layout Plan alternatives to fully understand the options available for airportAirport development. and before a final determination is made. The cities of RENTON and MERCER ISLAND believe it is in their mutual interest to work cooperatively and amicably to ensure that both Cities' interests are thoroughly considered; that any future development at the Airport is neighborhood friendly designed to manage noise to the extent possible, is consistent with FAA requirements, is consistent with RENTON"'S business plan, preserves the Airport as fiscally self-sustaining; and that residents of both Cities are appropriately informed about future development plans. Purpose of this Memorandum Of UnderstandingMOU: Both Cities desire to build on their history of working cooperatively together to solve problems of mutual interest. To that end, the Cities agree on the following principles, and wish to express their intent to collaborate on tasks that will achieve these ends: 1. It is in each City's interest to act cooperatively with the other on potential airportAirport development plans. 2. Both Cities have a responsibility to their citizens to fully understand the options available for airportAirport development, and the potential impacts on residents and airportAirport businesses. 3. Both Cities believe the best path to the optimal Airport development plan is a process that is understood by the affected citizens and considers their input. 4. Renton and Mercer Island have complementary capabilities and resources, and the skills to apply these in a collaborative effort. 5. Each City can assist the other in ensuring that the Airport development plan that is ultimately approved meets, to the greatest extent possible, each City's objectives. and is the best approach for the region. Actions Already Taken: The Cities have already made considerable progress working together to inform their communities of the options for airportAirport development, and to identify the issues of greatest concern. • RENTON hosted informational meetings for MERCER ISLAND's Mayor, Deputy Mayor, executive staff and a community liaison. C:\Documents and Settings\User\Desktop\MOU MI with PEH.PS,RZ and LH comments.DOC • • RENTON has provided copies of all airportAirport planning documents to Mercer Island elected officials, staff and community leaders. • RENTON printed special informational inserts on the Airport and the master planning process in the Renton Reporter for broad public review. • RENTON worked closely with local media channels to communicate with the public and had several articles and stories about the Airport and the master planning process featured in the Seattle Times, Puget Sound Business Journal, Daily Journal of Commerce, Renton Reporter and Q13 News. • RENTON modified its ordinance establishing the Renton Airport Advisory Committee (RAAC) to add a voting member from Mercer Island. • MERCER ISLAND appointed former Mayor Elliot Newman to represent the citizens of Mercer Island on the RAAC. He has actively participated in RAAC meetings and made timely reports to the Mercer Island City Council and residents. • The MERCER ISLAND Mayor and RAAC representative have written guest columns in the Mercer Island Reporter to keep citizens informed of airportAirport planning activities and to express their appreciation for RENTON's cooperation. • The MERCER ISLAND City Council stated its objective in regard to Renton airportAirport development plans: "to minimize any incremental increase in noise over Mercer Island and maximize the safety of Mercer Island citizens." • MERCER ISLAND and RENTON co-hosted a Mercer Island-wide community meeting, and RENTON extended invitations to Mercer Island residents to attend open house and workshop events in Renton. • RENTON broadcast the workshop presentations on theirits website and through the local government access channel. • RENTON prepared and distributed an information folio, including answers to Frequently Asked Questions generated by Mercer Island residents. • RENTON provided advance notice of Boeing Field closures that might affect Mercer Island residents. • RENTON Airport staff has diligently and promptly responded to noise complaints from Mercer Island residents. • Executive and management staff of BOTH CITIES have met many times to share residents' concerns, discuss the best methods to keep citizens informed, and determine the most productive approaches to continue RENTON's Airport master planning process. • Staff of MERCER ISLAND and RENTON have jointly met with the FAA to discuss changes in flight patterns at the Airport that may help to achieve both Cities' objectives and minimize noise impacts. Actions to be Taken: The Cities agree to move forward in a cooperative and collaborative fashion to examine Airport development options. To that end, the Cities agree to take the following actions: • BOTH CITIES will publicly describe this partnership through a joint press release issued to the Mercer Island Reporter, the Renton Reporter and other news media. C:\Documents and Settings\User\Desktop\MOU MI with PEH,PS,RZ and LH comments.DOC • The Mayors of MERCER ISLAND and RENTON will prepare "op/ed"articles Ntre promoting this partnership and submit them for publication in their respective community newspapers. • The MERCER ISLAND representative to the RAAC and the RENTON Councilmember who is also a voting member of the RAAC will discuss with the RAAC membership the substance of this Memo of Understanding and the Cities' decision to proceed collaboratively. • MERCER ISLAND will provide RENTON with a summary of issues of concern to its residents that were raised at the community meeting held on Mercer Island on January 29, 2007. • MERCER ISLAND will identify key questions raised at the January 29 community meeting that remain unanswered and provide these to RENTON. Together the staffs of the Cities will determine which of these key questions can be satisfactorily answered at this time, and which require additional data. • By On or before [date]April 30, 2007, with prior review and assistance from MERCER ISLAND on ways to disseminate, RENTON will provide answers to the questions that the staffs of the Cities deem appropriate to answer at this time. • The RENTON City Council will direct the RAAC to refrain from making a formal recommendation on Airport development until after results of an aircraft noise study are delivered & vetted with BOTH CITIES, and until the Cities concur on the best strategy for obtaining FAA approval of new flight path(s) However, the process of vetting the additional noise information must be concluded on or before February 1, 2008at the earliest time possible. 'i.► • Staff of RENTON and MERCER ISLAND will develop a draft scope of work for a noise study to be conducted by a jointly-selected consulting firm. The Cities will seek an indication of interest from the firm Harris Miller Miller& Hanson based on the article by the firm's President Mary Ellen Eagan entitled "Using Supplemental Metrics to Communicate Aircraft Noise Effects" (Transportation Research Board, / Nov. 10, 2006). • The cities may elect to solicit public input for the study scope and will share the information gathered from such public input. • BOTH CITIES' staffs will propose an equitable cost-sharing arrangement for the noise study, and will submit to their City Councils a contract to retain the consultant. • RENTON will manage the noise study contract. • BOTH CITIESMercer Island will host"Aircraft Noise 101" an informational meeting(s) for their its residents, where the selected noise study consultant will describe the firm's experience in analyzing noise impacts from airports similar to Renton's, the proposed methodology for the noise study and the nature and utility of results of that study;, and will solicit participants' input on the scope of the noise study. • Upon receipt of the noise study results, staff of BOTH CITIES will meet and collaborate on the best way to use those results and to disseminate the results to affected residents and decision makers. • BOTH CITIES will host community meeting(s) at the conclusion of the noise study, at which time staffs of the CITIES will assist the noise consultant in presenting results ‘44000' and answering citizens' questions. C:\Documents and Settings\User\Desktop\MOU MI with PEH,PS,RZ and LH comments DOC • BOTH CITIES will work together with the FAA to study and implement modified flight paths (LVP/WAAS technology) in the current FAA work plan for Seattle-area 14011 airspace redesign that is due for publication in November 2008. • BOTH CITIES will work with the FAA to determine how best to gain approval and funding (if appropriate) for flight tracks that use the East Channel of Lake Washington to the optimum extent feasible. • Staff of BOTH CITIES will alert staff of the other if it appears that impediments have arisen or may arise that would interfere with the cooperation and collaboration contemplated by this Memorandum of Understanding and will work diligently to remove any such impediments. • Staff of BOTH CITIES will report to their respective City Councils on a regular basis on issues that arise in staff-level discussions on topics including efforts to minimize noise, design and implementation of new flight tracks, securing FAA cooperation (and funding) for new flight track technology, and additional City-to-City cooperative efforts needed to fulfill the objectives laid out in this Memo of Understanding. On behalf of the Mayors, Councils and staff of the cities of RENTON and MERCER ISLAND, the undersigned commit to collaborate on all of the above-described measures. We further agree to maintain the spirit of active assistance and cooperation as airportAirport planning moves forward, and to continuously identify steps that can be taken jointly to achieve the best result for both communities and for the region. This MOU has a"sunset" date of December 31, 2008. Kathy Keolker, Mayor Bryan Cairns, Mayor City of Renton City of Mercer Island C:\Documents and Settings\User\Desktop\MOU MI with PEH,PS,RZ and LH comments.DOC CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A MEMORANDUM OF UNDERSTANDING ESTABLISHING A COOPERATIVE RELATIONSHIP BETWEEN THE CITY OF RENTON AND THE CITY OF MERCER ISLAND AS 1HE CITIES STUDY THE POTENTIAL IMPACTS OF DEVELOPMENT AT THE RENTON AIRPORT. WHEREAS, Renton is preparing an update of its Airport Layout Plan portion of the 1997 Airport Master Plan; and WHEREAS, one of the draft Airport Layout Plan alternatives included an option to add a corporate aviation center to the businesses based at the Airport; and WHEREAS, residents of the cities of Renton and Mercer Island have expressed concern about the potential adverse effects of such a facility; and WHEREAS, there is a need for more in-depth study of the potential impacts of the Airport Layout Plan alternatives before a final determination is made; and WHEREAS, Renton and Mercer Island have already made considerable progress in working together to identify issues of concerns and to inform their citizens of the potential impacts of the Airport Layout Plan alternatives; and WHEREAS, a Memorandum of Understanding has been prepared in order to set out the details of Renton and Mercer Island's further cooperative actions regarding this matter; and WHEREAS, it is necessary to document the terms and conditions of this Memorandum of Understanding; 1 dam RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The Mayor and City Clerk are hereby authorized to enter into a Memorandum of Understanding with the City of Mercer Island entitled "Memorandum of Understanding Regarding Airport Issues/Cities of Renton& Mercer Island." PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1258:3/26/07:ma 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: 6 . Submitting Data: Planning/Building/Public Works For Agenda of: kikwi Dept/Div/Board.. Utility Systems Division/Surface April 2, 2007 Water Utility Staff Contact Ron Straka(ext. 7248) Allen Quynn(ext. 7247) Agenda Status Consent X Subject: Public Hearing.. SW 34th Street Culvert Replacement Project - Drainage Correspondence.. District No. 1 Interlocal Agreement Ordinance X Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Interlocal Agreement Information Resolution Budget Ordinance Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... 0 Amendment $50,000 Amount Budgeted .. 0 Revenue Generated $50,000 Total Project Budget... $1,335,000 City Share Total Project... SUMMARY OF ACTION: The City and Drainage District No. 1 of King County(District) would like to enter into an interlocal agreement that would allow the City to accept a contribution in the amount of$50,000 from the District for the SW 34th Street Culvert Replacement project. The contribution will be used to offset project construction and staff costs. The SW 34th Street Culvert Replacement project will replace four existing, undersized culverts with a new box culvert at the SW 34th Street culvert crossing of Springbrook Creek. The District is responsible for ensuring the flow of drainage waters in its jurisdiction and would benefit from the increased conveyance capacity provided by a new box culvert. STAFF RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to sign an interlocal agreement with Drainage District No. 1 of King County to accept a contribution in the amount of$50,000. In addition, approve a budget ordinance to increase funds, in the amount of$50,000, in the 2007 Surface Water revenue account(427.000600.000.3370.0008.00.065370) and expenditure account s,..sr, (427.000600.018.5960.0038.65.065370) for the SW 34th Street Culvert Replacement project. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3223 SW 34th St Culvert Replacement Project\Drainage District\Grant\AgenBill-grant funds.doc\AQtp PLANNING/BUILDING/ , •, PUBLIC WORKS DEPARTMENT ‘e‘P ,NTD MEMORANDUM DATE: March 22, 2007 TO: Toni Nelson, Council President Members of the City Council VIA: Kathy Keolker, Mayo FROM: Gregg Zimmerma4J ministrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor(ext. 7248) Allen Quynn, Surface Water Engineer(ext. 7247) SUBJECT: SW 34th Street Culvert Replacement Project- Drainage District No. 1 Interlocal Agreement ISSUE: Should the Council approve a resolution authorizing the Mayor and City Clerk to execute an interlocal agreement with Drainage District No. 1 of King County(District) to accept a '+11.w contribution in the amount of$50,000 from the District to offset construction and staff costs associated with the SW 34th Culvert Replacement project? Should the Council also approve a budget ordinance to amend the 2007 budget by increasing the funds in the SW 34th Street Culvert Replacement project revenue and expenditure accounts by $50,000? RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to sign an interlocal agreement with Drainage District No. 1 of King County to accept a contribution in the amount of$50,000. Approve an ordinance to increase funds in the SW 34th Street Culvert Replacement project revenue and expenditure accounts by$50,000. BACKGROUND SUMMARY: In May 2007, the City is scheduled to begin construction of the SW 34th Street Culvert Replacement project. The project will replace four existing, undersized CMP culverts with a new box culvert to improve conveyance capacity and fish passage at the crossing of Springbrook Creek and SW 34th Street in the Renton valley. Since construction of the project will require work within the District's 40-foot right-of-way over the creek, the City has been working closely with the District over the last year to ensure the proposed culvert design is consistent with the Now District's mission of maintaining hydraulic capacity of Springbrook Creek. Council/SW 34th District Contribution March 22,2007 Page 2 of 2 Recognizing the benefits of the City's proposal to improve the SW 34th Street Culvert, the District has offered to contribute a sum in the amount of$50,000 toward the project construction and staff cost. Therefore, the City and the Drainage District would like to enter into an interlocal agreement for the purpose of formalizing the terms under which the District will contribute funds to the project. A budget ordinance is also required for the purpose of appropriating an increase in the amount of$50,000 to the Surface Water Utility revenue(427.000600.000.3370.0008.00.065370) and expenditure(427.00600.018.5960.0038.65.065370) accounts. CONCLUSION: An interlocal agreement with Drainage District No. 1 of King County should be authorized to accept a contribution in the amount of$50,000 from the District to be used toward the construction and staff costs associated with the SW 34th Culvert Replacement project. A budget ordinance that would increase the appropriations to the Surface Water Utility revenue and expenditure accounts by$50,000 should also be authorized. cc: Lys Hornsby,Utility Systems Director stood H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3223 SW 34th St Culvert Replacement Project\Drainage District\Grant\Issue Paper.docAQtp Interlocal Agreement Regarding Southwest 346 Street Culvert Replacement (between the City of Renton and Drainage District No. 1 of King County) Now THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the CITY OF RENTON, a Washington municipal corporation ("Renton" or "the City") and DRAINAGE DISTRICT NO. 1 OF KING COUNTY, a Washington municipal corporation, located and doing business at 19414 84th Avenue S., Kent, WA (98032) ("District"). Recitals A. Renton and District are public agencies as defined by Ch. 39.34 of the Revised Code of Washington, and are authorized to enter into interlocal agreements on the basis of mutual advantage and thereby to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. B. Renton is undertaking a project known as the SW 34th Street Culvert Replacement Project ("Improvement Project"), which will replace four undersized CMP culverts with a new boc culvert to improve conveyance capacity at the SW 34th Street crossing of Springbrook Creek. The project is expected to go to bid in spring 2007 and is estimated to cost Renton approximately 1.4 million dollars (includes design, permitting, construction and staff costs) . C. The District's purpose is to ensure the flows of drainage waters in its jurisdiction. The Improvement Project to be undertaken by Renton will replace an existing culvert in `'1'" Springbrook Creek with a larger one, which is expected to enhance drainage water flow, will create new fish habitat, and will provide new plants to help shade the creek. Accordingly, due to the benefits to be received by the District, the District desires to contribute toward Renton's costs to complete the Improvement Project. NOW THEREFORE, in consideration of the terms and provisions contained herein, it is agreed between Renton and District as follows: Agreement 1. Purpose. It is the purpose of this Agreement to outline the terms under which the District will contribute the sum of FIFTY THOUSAND DOLLARS ($50,000.00)toward the cost of Renton's Improvement Project. 2. Duration. This Agreement shall become effective on the last date it is ratified by the legislative bodies of Renton and the District. Unless terminated by either party in accordance with section 7 below, this Agreement shall remain in full force and effect until the completion of the Improvement Project, which is anticipated to be in 2008. 3. Administration of Agreement. Renton and the District shall each appoint a representative who shall be authorized to administer this Agreement on their behalf INTERLOCAL AGREEMENT REGARDING SW 34`h STREET CULVERT REPLACEMENT- I of 4 (btwn. Renton and Drainage Dist.No. 1 of King County) 4. Contribution to Renton. In consideration of this Agreement, the Improvement Project undertaken by Renton, and the benefits that Improvement Project will confer upon the District, the District agrees to contribute the sum of FIFTY THOUSAND DOLLARS .0101 ($50,000.00) to Renton. This sum shall be remitted by the District to Renton within sixty days after execution of this Agreement, or by such other date as may be mutually agreed upon by the parties' appointed administrators. 5. Failure to Construct - Return of Contribution. As a condition of the District's contribution toward the cost of the Improvement Project, in the event Renton does not execute the Improvement Project, the City will return the full sum previously contributed by the District. 6. Entry upon Land. Renton's Improvement Project is being reviewed under a permit application to the District, and Renton seeks an amendment to an existing easement. The permit application and easement amendment are addressed by parties outside of this Agreement and do not form a part of this Agreement. 7. Termination by Mutual Written Agreement. This Agreement may be terminated at any time by mutual written agreement of the parties. 8. Indemnification and Hold Harmless. Renton shall defend, indemnify and hold District, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Renton's performance of this Agreement or its Improvement Project, except for that portion of the injuries and damages caused by District's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Miscellaneous. 9.1 Amendments. This Agreement may only be amended by mutual written agreement of Renton and District. 9.2 Non-Waiver of Breach. The failure of Renton to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 9.3 Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; INTERLOCAL AGREEMENT REGARDING SW 34th STREET CULVERT REPLACEMENT-2 of 4 (btwn.Renton and Drainage Dist.No. 1 of King County) provided, however, nothing in this paragraph shall be construed to limit the District's right to indemnification under section 8 of this Agreement. 9.4 Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 9.5 Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and District. 9.6 Entire Agreement. The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. 9.7 Compliance with Laws. The parties agree to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the operations covered by this Agreement or accruing out of the performance of those operations. 9.8 Severability. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated. -r 9.9 Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon personal service or three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. [signatures on the following page] Nose INTERLOCAL AGREEMENT REGARDING SW 34th STREET CULVERT REPLACEMENT-3 of 4 (btwn. Renton and Drainage Dist.No. 1 of King County) IN WITNESS THEREOF, the parties below execute this Agreement, which shall become effective on the last date signed below. ''' 04 DISTRICT: RENTON: DRAINAGE DISTRICT NO. 1 CITY OF RENTON: OF KING COUNTY By: By: (signature) Print Name: Print Name: Kathy Keolker Its Its Mayor (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: John M. Casey, attorney for Allen Quynn, Project Manager King County Drainage District No. 1 City of Renton Surface Water Utility Curran Law Firm P.S. P.O. Box 140 Kent, WA 98035-0140 (telephone) (253) 852-2345 (telephone) (facsimile) (253) 852-2030 (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: John M. Casey, , City Attorney of Curran Law Firm P.S. Attorney for District INTERLOCAL AGREEMENT REGARDING SW 34th STREET CULVERT REPLACEMENT-4 of 4 (btwn. Renton and Drainage Dist.No. 1 of King County) CITY OF RENTON, WASHINGTON Nome RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH DRAINAGE NO. 1 OF KING COUNTY REGARDING THE SW 34TH STREET CULVERT REPLACEMENT PROJECT. WHEREAS,the City of Renton plans to replace four existing, undersized CMP culverts with a new concrete box culvert and associated appurtenances at the 34th Street SW and Springbrook Creek crossing as part of the SW 34th Street Culvert Replacement Project; and WHEREAS,Drainage District No. 1 of King County is charged with providing maintenance of the Springbrook Creek and would benefit from the increased conveyance capacity provided by the new box culvert; and WHEREAS,Drainage District No. 1 of King County has offered to contribute the sum of $50,000 toward the cost of the project; and WHEREAS, it is necessary to document the terms and conditions under which the District will make its contribution to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Drainage District No. 1 of King County, under which the District will contribute $50,000 towards the cost of the 34th Street SW Culvert Replacement Project. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2007. rrrr� Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1253:3/9/07:ma 2 Nibov CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2007 BUDGET BY INCREASING IN THE AMOUNT OF $50,000 THE FUNDS IN THE SURFACE WATER REVENUE ACCOUNT AND EXPENDITURE ACCOUNT PURSUANT TO THE SW 34TH STREET CULVERT REPLACEMENT PROJECT INTERLOCAL AGREEMENT WITH DRAINAGE DISTRICT NO. 1 OF KING COUNTY. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation to the Surface Water revenue and expenditure accounts for the SW 34th Street Culvert Replacement Project are hereby increased as follows: 2007 2007 *Now Original Budget Adjusted Fund Budget Increase Budget (Revenue Account) King County Drainage District No. 1 Grant 0 $50,000 $50,000 427.000600.000.3 3 70.0008.00.0653 70 (Expenditure Account) 427.000600.018.5960.0038.65.065370 $1,300,000 $50,000 $1,350,000 SECTION II. Funds are hereby added to the 2007 Surface Water revenue and expenditure accounts for the SW 34th Street Culvert Replacement Project. 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 , 2007. Niro, Bonnie I. Walton, City Clerk 1 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1341.3/16/07:ma 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: COI 17• Submitting Data: For Agenda of: Dept/Div/Board.. PBPW/Utility Systems/Surface April 2, 2007 Water Utility Staff Contact Ron Straka, x7248 Agenda Status Steve Lee, x7205 Consent X Subject: Public Hearing.. Ripley Lane North Transportation and Storm System Correspondence.. Improvement Project Engineering Consultant Ordinance Agreement with Parametrix, Inc. Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Consultant Agreement Information Recommended Action: Approvals: Refer to Transportation/Aviation Committee Legal Dept X Finance Dept X Other Fiscal Impact: 1111 Expenditure Required... $183,316.00 Transfer/Amendment Amount Budgeted $183,316.00 Revenue Generated Total Project Budget $647,000.00 City Share Total Project SUMMARY OF ACTION: The Ripley Lane North Transportation and Storm System Improvement project includes street landscaping and shoulder widening for pedestrian/bicycle improvements on a portion of Ripley Lane North, along with significant storm system improvements on Ripley Lane North, next to the Seahawks Headquarters and Training Facility. The storm system improvements include providing adequate storm system capacity across Ripley Lane North and the BNSF railroad property, which will connect into the 60-inch and 72-inch downstream storm system improvement project to be constructed by the Seahawks' site developer. This downstream system will convey runoff from the Gypsy Drainage Basin into Lake Washington. The storm system improvements will alleviate frequent flooding of Ripley Lane North, north of Lake Washington Blvd., which prevents residents accessing their properties during significant flooding events. The storm system improvements will be designed to serve the future full build-out of the drainage basin, including future I-405 improvements. The approved 2007 Transportation Improvement Program budget for the project is $647,000 (Account No. 317.012602.016.5950.0011.67.000000, Work Order#25636). Parametrix, Inc., was selected from both the 2007 Transportation and Utility Systems divisions Annual Consultant Rosters. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement with Parametrix, Inc., in the amount of$183,316.00, for the design,permitting, and preparation of construction plans and specifications for the Ripley Lane North Transportation and Storm System Improvement project. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\1002-Consultant Cor\Contract\070319-2007-ParametrixAgendaBill.doc\STLtp O PLANNING/BUILDING/ *kwa, , PUBLIC WORKS DEPARTMENT ‘4NT0 MEMORANDUM DATE: March 26, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: 4Y+Kathy Keolker, Mayo FROM: Gregg Zimmermai Kdministrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor(ext. 7248) Steve Lee, Surface Water Utility Engineer(ext. 7205) SUBJECT: Ripley Lane North Transportation and Storm System Improvement Project Engineering Consultant Agreement with Parametrix, Inc. ISSUE: Should City Council approve the Engineering Consultant Agreement to implement the Now Ripley Lane North Transportation and Storm System Improvement project? RECOMMENDATION: Approve the Engineering Consultant Agreement with Parametrix, Inc., in the amount of $183,316.00, to assist with the implementation of the Ripley Lane North Transportation and Storm System Improvement project. BACKGROUND SUMMARY: The Ripley Lane North Transportation and Storm System Improvement project includes street landscaping and pedestrian/bicycle improvements on a portion of Ripley Lane North. The west shoulder of Ripley Lane North between Lake Washington Blvd. and the south entrance to the Seahawks facility will be widened by 5-feet. In addition, significant storm system improvements on Ripley Lane North, next to the Seahawks Headquarters and Training Facility are proposed. The storm system improvements include providing adequate storm system capacity across Ripley Lane North and the BNSF railroad property, which will connect into the 60-inch and 72-inch downstream storm system improvement project to be constructed by the Seahawks' site developer. This downstream system will convey runoff from the Gypsy Drainage Basin into Lake Washington. The storm system improvements will alleviate frequent flooding of Ripley Lane North, north of Lake Washington Blvd., which prevents residents accessing their properties during significant flooding events. The storm system improvements will be designed to serve the future full build-out of the drainage basin, including future I-405 improvements. Council/Ripley Lane March 26,2007 Page 2 of 2 The project is located within the Gypsy Drainage Basin, which consists of approximately 430 acres of mixed residential, natural vegetation, and some retail runoff draining across I-405, Ripley Lane North and the Seahawks Headquarters and Training Facility site into Lake Washington (map attached). Flooding currently occurs during intermediate to larger storm events that backs-up storm water and floods Ripley Lane North. This flooding is a result of additional impervious areas contributed from WSDOT rights-of- way and upstream developments within the basin. The full street of Ripley Lane North is sometimes flooded with 2.5 feet of water depth on the roadway during larger storm events. During these larger storm events, Ripley Lane North is closed to traffic for extended hours preventing residents from accessing their properties. This engineering consultant agreement will provide the necessary environmental planning services for the storm system improvements including, the Army Corps of Engineers Section 404 permitting, WDFW Hydraulic Permit application, ESA Section 7 review, Ecology NPDES permitting, BNSF permitting, and SEPA/NEPA review. In addition, surveying of project limits for a proposed pedestrian/bike path and street landscaping and field survey of the project construction limits for the storm system improvements will be included. This contract also includes geotechnical engineering services, habitat and wetland investigations, and engineering design to develop construction contract plans and specifications. The engineering design will include preliminary engineering and hydrologic/hydraulic modeling, data review, meetings, and 30%, 90%, and 100% design reviews. The project design and permitting is estimated to take one year with construction scheduled to start in May or June of 2008. Project challenges for the design include engineering four storm pipe crossings across the existing BNSF rights-of-way, the Metro sewers, the gas utility, and the City water and sanitary sewer mains. The design of the project shall be coordinated with WSDOT and the proposed downstream storm system improvements to be constructed as part of the Seahawks Headquarters and Training Facility project. The approved 2007 Transportation Improvement Program budget for the project is $647,000 (Account No. 317.012602.016.5950.0011.67.000000, Work Order#25636). Parametrix, Inc., was selected from both the 2007 Transportation and Utility Systems divisions' Annual Consultant Rosters. CONCLUSION: The Surface Water Utility and Transportation Systems Division recommends the City Council authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement with Parametrix, Inc., in the amount of$183,316.00, for the design, permitting, and preparation of construction plans and specifications for the Ripley Lane North Transportation and Storm System Improvement project. Attachment cc: Lys Hornsby,Utility Systems Director Jim Seitz,Transportation Planning Supervisor ' H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\1002-Consultant Cor\Contract\070320-2007ParametrixlssuePaper.doc\SLtp VICINITY MAP ,,,441.0,„ North , A .4,1047 -6,,, ,::‘,, Nei - Yw' r� . . • r ,-' ,:,11,". Lake Washington, ' � �� � P A'i P Cy ♦ L b° 7 :. , . �.� + s;.:. � �'� ,,4. ,, :..' � st� �.�` c tom" �� � M E� „lb *.� � rr s � �� � �'� ,...� ..ate. : ; a' ' ' **.44t44's ' . ' ly Storm system �a � hmorovements ' '....* x,fr b 5 F . R �• ��., - 3\ So' t g 1 . � � •• : - .4/47 , f , ,,,,?; b 44111.10 � \ k� E � • t ,: �✓\as E iiiii' 'i #3 ri �.v A 2� 111[[[ r t -I r . ' ,,'..”` f` t 1 ..i. ' `e fiat'.� 4-, �-* �� IIDk RIPLEY LANE NORTH TRANSPORTATION AND STORM SYSTEM IMPROVEMENT PROJECT H:\File Sys\SWP- Sur ace Water Projects,SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\I002-Consultant Cor'Contract\VICINITY MAP.doc\RStp ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT,made and entered into on this , day of , 2007,by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and Parametrix,Inc. whose address is 411 108th Avenue NE, Suite 1800, Bellevue, WA 98004-5571, at which work will be available for inspection,hereinafter called the "CONSULTANT." PROJECT NAME: RIPLEY LANE NORTH TRANSPORTATION AND STORM SYSTEM IMPROVEMENT PROJECT WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS,the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS,the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms,conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has,the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans,to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, , guidelines,and specifications, including, but not limited to the following: H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\1002-Consultant Cor\Contract\070320-Doc-2007_Consultant_City_Contract.doc\STLtp /2006_Consultant.doc Approved 02/06 bh/rev0906 1. Washington State Department of Transportation/American Public Works Association(WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton N,,. Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 4410r 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3,4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the IllawriConsultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\1002-Consultant Cor\Contract\070320-Doc-2007 Contract _Consultant_City_Contract.doc\STLtp /2006_Consultant.doc Approved 02/06 bh/rev0906 IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings,photo,photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control,the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. The term of the contract shall be until December 31,2008. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. ".401101 H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\1002-Consultant Cor\Contract\070320-Doc-2007_Consultant_City_Contract.doc\STLtp /2006_Consultant.doc Approved 02/06 bh/rev0906 VI PAYMENT Nue The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time(days and/or hours)and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed$ 183,316.00 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost,overhead, and direct non-salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit C are determined as 187.65 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement, `owe including, but not limited to travel,reproduction,telephone, supplies, and fees of outside consultants. The direct non-salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non-salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be 12%percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant,the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at he time extra work is authorized. (Section VIII"EXTRA WORK"). H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\1002-Consultant Cor\Contract\070320-Doc-2007_Consultant_City_Contract.doc\STLtp /2006_Consultant.doc Approved 02/06 bh/rev0906 A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not,however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment,the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City,without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised,the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant,to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant,any fee, commission,percentage, brokerage fee, gifts or any other consideration,contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage,brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\1002-Consultant Cor\Contract\070320-Doc-2007_Consultant_City_Contract.doc\STLtp /2006_Consultant.doc Approved 02/06 bh/rev0906 and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees,while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage,on a full or part-time basis,or other basis, during the period of the contract, any professional or technical personnel who are,or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional,technical, or clerical staff as a result of this work,the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color,national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to,but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non- Discrimination provision,this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future,unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. 'Nokevf TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten(10)days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\1002-Consultant Cor\Contract\070320-Doc-2007_Consultant_City_Contract.doc\STLtp /2006_Consultant.doc Approved 02/06 bh/rev0906 • C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement,plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten(10)days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant,the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/Building/Public Works or his/her successors and delegees,whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\1002-Consultant Cor\Contract\070320-Doc-2007_Consultant_City_Contract.doc\STLtp /2006_Consultant.doc Approved 02/06 bh/rev0906 The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall Nose require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and(b)the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability,property damage, auto liability, and professional liability coverage in the amount of$1.0 million, with a General Aggregate in the amount of$2.0 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton will be named as Additional Insured(s)on(CONTRACTOR'S)policy, with that coverage being primary and non-contributory with any other policy(ies)available to the City. A copy of the endorsement shall be provided to the City. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days'written notice shall be given to the City prior to the cancellation of any policy. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 logy days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s)on file from a previous contract and no changes in insurance coverage has occurred,only the Certification Form will be required. The Consultant shall verify, when submitting first payment invoice and annually thereafter,possession of a current City of Renton business license while conducting work for the City. The Consultant shall require,and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. low H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\1002-Consultant Cor\Contract\070320-Doc-2007_Consultant_City_Contract.doc\STLtp /2006_Consultant.doc Approved 02/06 bh/rev0906 XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the "" 01 parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent,or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement,representation,promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants,and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT CITY OF RENTON Signature Date Kathy Keolker, Mayor Date type or print name ATTEST: Title Bonnie I. Walton, City Clerk H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project11002-Consultant Cor\Contract\070320-Doc-2007_Consultant_City_Contract.doc\STLtp /2006_Consultant.doc Approved 02/06 bh/rev0906 Exhibit A SCOPE OF Work City of Renton Gypsy BasinlRipley Lane Storm System Improvements Purpose The purpose of this project is to remedy an existing surface-water flooding problem located within the Gypsy Creek drainage basin. More specifically the location is 800-feet north of the NE 44th Street exist on Interstate 405 along the west side of the highway. (See vicinity map provided within this scope.) The flooding problem during intermediate storm events and longer storm events back up water and floods Ripley Lane. The full street of Ripley is sometimes flooded with 2.5 feet of water depth on the roadway during larger storm events. During these larger storm events Ripley Lane is closed to traffic for extended hours. The immediate solution,as described in this preliminary scope,will be to design and construct additional crossings across the existing BNSF right-of-ways, the Metro sewers, and across Ripley Lane to the existing Gypsy Creek system upstream. The Ripley Lane roadway runoff shall also be modified to include catch basins spaced appropriately to capture runoff from the vehicular impervious areas and direct the flow downstream to the existing low elevation (ditch) west of Ripley �.r Lane. The Consultant will perform the following general tasks and work needed to design the project, and develop the plans and specifications for project bidding and construction. The project tasks may include surveying, geotechnical investigation,wetlands delineation and mitigation,hazardous waste expertise,stream modification permitting,utility potholing, hydrologic/hydraulic analysis,permitting assistance,preliminary design,final design plans and specifications,and construction assistance and observation. Design Criteria Reports and plans shall be developed in accordance with the latest adopted or approved edition of the following: 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), Standard Specifications for Road, Bridge,and Municipal Construction 2006 edition 2. City of Renton-Standard Plans for Road,Bridge,and Municipal Construction,1997, and Supplemental Specifications (May 19,1997). 3. King County Surface Water Design Manual (1990 and/or 2005). EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 1 OF 16 4. City of Renton Survey Control Network(May 2000) and Surveying Standards (1997). 5. City of Renton Drafting Standards for Road,Bridge,and Municipal Construction 2004. 6. Autocad Drawings shall be in Autodesk 2007 or 2004.The City uses a metric model space within the base mapping which needs to be converted to English units. However, drawing contours,elevations,and dimensions shall be in English units. All surveying shall be tied into the City's Survey Control Network. Description of Proposed Work Task 1 Alternatives Analysis and Feasibility Perform planning level effort to include alternative approaches to solving the undersized conveyance system problem and provide approximate costs,advantages, and disadvantages for each alternative.Rough preliminary costs,construction completion schedule,and potential project challenges will be presented as part of this task. Specific descriptions of work for this task are contained in Tasks 2.1 for Survey,3.1 for Geotechnical,5.1 for Permitting and 6.1 for Design. Task 2 Surveying for Base Map Task 2.1 Survey of Ripley Lane Site *410.7 The Consultant will perform a site survey to identify and map the surface features and existing utilities in the project area. The survey will be used to supplement,clarify,correct, and add the details needed for final design and construction. The surveying work will include the following: Research and establish additional on-site survey control,if needed, described on the BRH topography drawing file is identical with City of Renton. Sufficient on-site horizontal and vertical control for this topography survey will be recovered and/or established in Washington State Plane Coordinate System,North Zone NAD 83 and NAVD 88, respectively. The Consultant will research underground utility as-builts and perform a field survey which will include existing surface and utility features that may include water mains/structures,sanitary sewer mains/structures, storm mains/structures,pipe sizes and invert elevations,power lines/structures,telephone lines/structures,cable T.V. lines/structures, gas mains/structures,utility patches, signalization/channelization,road paving edges,shoulder of roadway, signage,striping,driveway edges,centerline ditch, top/toe slope,fences,street illumination,railroad tracks, other locatable surface features and generate 1 foot contours. Utility locations will be based on physical surface features, existing records, and paint marks provided by a contracted utility location service. EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 2 OF 16 Assumptions *owe • The mapping area for topographic and other detailed information is described as lying 20 feet east of the Ripley Lane right of way and the Kennydale Industrial Sanitary Sewer trunk line to the west, extending also to the Seahawks storm manholes. The southerly limits are from manhole no. 5 extending northerly to 20 feet north of manhole no. R02-36 7 as described in the METRO Eastside Interceptor- Section 4, Station 40 to North End, sheet 9 of 11 as-built drawings, dated March 11, 1966 . The total area of this survey is estimated to be 3 acres. • Mapping between Ripley Lane and SR 405 will include only wetland boundaries, OHWM of Gypsy Creek and location and inverts of stormwater facilities. • This topography base mapping will replace the aerial topography portion of a drawing prepared by Bush, Roed and Hitchings, Inc. (BRH) titled "Limited Topography Update, Baxter Parcel", dated September 26, 2006, with existing field topography. • The Consultant will not establish boundaries, lot lines, easements or rights-of-way for the project corridor. Information on the BRH drawing is sufficient for this project phase of work. Further, no title reports will be ordered or required for the topography survey effort. • SR 405 improvements will not be surveyed under this task, except for stream and stormwater outfalls on the west side of existing improvements. The City will provide a current WSDOT topographic and structure survey that will be used to supplement field survey data. • The Consultant will contract directly with a utility locate service to mark the underground utilities where the mapping areas fall within public roadways. The pricing for this effort is included under this task. • The client will provide any utility records it may have for this project area. • This scope includes measuring invert elevations of storm and sanitary sewer structures only. Power, water, and communication vaults will not be measured internally. • Right-of-entry for areas within SR 405 right-of-way will be obtained from Washington State Department of Transportation. It is assumed that right-of-entry for this mapping effort will not delay the survey deliverable date. • Symbols and layer names will be per current City of Renton drafting guidelines, provided prior to beginning of this task. • The Consultant's registered Washington State Professional Land Surveyor will certify to the work completed under this task. EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 3 OF 16 Deliverables • AutoCAD 2004 drawing format, or newer, of existing conditions with 1-foot contours at 1 inch=20 feet. • A Triangular Irregular Network (TIN) will be provided for engineering design. Task 2.2 Survey Supplement of Ripley Lane Shoulder The Consultant will evaluate and incorporate data from the previous survey by Bush,Roed and Hitchings,Inc. (BRH) titled"Limited Topography Update,Baxter Parcel", dated September 26,2006, and perform supplemental site survey to identify and map the edge of pavement,the edge of shoulder,the top and bottom of road prism slopes and any obstructions within 20 feet of the existing centerline of Ripley Lane that may limit options for shoulder widening for bicycle and pedestrian use facilities. Assumptions • Survey will be limited to the west side of the roadway to the north boundary of the Seahawks site. The survey will confirm the location of the existing pavement as indicated on the BRH survey. • Surveying services will be limited to one 10 hour crew day plus supporting office staff to supplement the base mapping. • A utility location service will not be required under this task. • This task does not include the cost of title reports if additional boundary and/or easement resolutions are required. • The Consultant's registered Washington State Professional Land Surveyor will certify to the work completed under this task. • Symbols and layer names will be per current Consultants drafting guidelines,unless otherwise specified prior to beginning of task 2.1. Deliverables for Task 2.1 and 2.2 • Report on the results of review of the existing survey(s) • AutoCAD 2004 drawing format, or newer,of additional features located Assumptions applicable to all survey subtasks: • The Consultant will contract with a utility locate service for task 2.1 for field location of underground utility lines. It is assumed that some utilities may not be locatable by the location service. The Consultant will make every effort to identify the Nquid EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 4 OF 16 underground utilities by use of the utility location service, as-built records and City ,,. provided information. • Spot elevations, and surface features in the potential project area with one 1 foot contours to be developed to the extent needed to supplement the existing survey prepared by Bush, Roed and Hitchings, Inc. (BRH) titled "Limited Topography Update, Baxter Parcel". Flat areas will be supplemented with spot elevations to determine high and trough elevations. • The existing stormwater drainage system includes the following features: Roadside ditches, culverts, catch basins, catch basin rim or grate, pipe inverts, pipe material types,bypass elevation,debris barriers,if measurable from the top of structure. • Private Utility locations including roof drain lines, sewer service lines, fibre optic, and potential gas lines shall be surveyed to the extent locations are provided by the utility purveyor or the City. Depth of facilities will not be provided. • Monuments not shown in the above referenced BRH drawing and located by the Consultant during task 2.1 through 2.2 will be depicted in the updated survey. Tasks 2.1 through 2.2 do not include any property boundary line or easements determinations. • Background review shall be finished to assure that for site investigations such as soil borings, test pits location, wetland delineation, O.H.W.L. of streams, and utility '4416r potholing are located prior to task 2.1. If exposure of King Co. Metro pile supports is delayed, available information will be surveyed and pile locations will be added at a later date. Task 3 Geotechnical Services Determine and perform the geotechnical investigations needed for project design. The project may be located in an area with poor subsurface soils. After the scoping and field visit, the overall extent of geotechnical work will be determined for Task 3.2. Task 3.1 Geotechnical Investigation The geotechnical work will include the following: • Investigate and review existing regional and local geologic information, reports, and studies relevant to the project design. Review past geo-tech reports from the City Utilities Department, King County METRO,Seahawks and others. Perform an initial onsite geologic investigation to identify subsurface conditions that may affect project design and construction. A technical memo will be prepared to describe existing conditions and evaluate whether auger borings will be needed and whether the specifications for additional investigations in"b" below are appropriate. EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 5 OF 16 • If geologic investigations reveal stable and consistent soils, then test pit testing may not be needed to determine soil type,composition, and analysis. If substandard soils ,1409 are found then the investigations will include two (2) hollow-stem auger borings to depths of 20 feet maximum. Soil samples will be taken at a 5-foot interval using an SPT sampler. Sub-contracted driller and traffic controller for the exploration and two (2) groundwater monitoring wells be installed. Geotechnical engineer will monitor the drilling,coordinate the exploration activities and log the boreholes. • The consultant shall provide all necessary equipment and operators for the geotechnical investigation. Ground elevation will be surveyed at boring locations. The drilled holes will be backfilled with soil cutting and bentonite chips. All surfaces shall be restored following geotechnical investigations. Permanent pavement shall be restored in existing paved areas. • Geotechnical Report. The results of the Geotechnical Investigation will be provided in a bound report. The Consultant will submit an unbound draft copy for City review and comments. The Geotechnical Report will include the following: o A summary of the regional geologic information. o A description of the onsite geologic investigation,equipment,methods, and testing performed. o Site specific geologic information such as site map,boring locations,boring logs,water elevations, soil samples, and soil analysis results. o Analysis of the geologic information and recommendations for project construction including: • Evaluate liquefaction potential and recommend mitigation for structural support. • Perform engineering evaluations and provide recommendations regarding type of structural support. We will provide the design details including size/type of foundations, capacities, and depths to bearing stratum. • Evaluate conditions and provide recommendations for boring under King Co. Metro Sewer and BNSF railroad. • Evaluate subsurface soil and groundwater conditions and provide recommendations regarding dewatering,if needed. • Evaluate subsurface soil and groundwater conditions and provide recommendations regarding subgrade preparation and stabilization. • Generate recommendations regarding excavation shoring,if needed. • Generate geotechnical parameters regarding passive, active and at-rest earth pressures and coefficient of friction for the resistance of lateral loads. • Generate recommendations regarding site preparation, angles of temporary slopes,suitability of onsite soils for use as fill, types of suitable imported fill,fill placement techniques,and compaction criteria. Deliverables: 40104 EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 6 OF 16 • Initial technical memorandum report on the results of initial onsite geologic Atop, investigations to identify whether conditions indicate the potential for substandard soils conditions and the need for additional testing. • Draft Geotechnical Report. The results of the Geotechnical Investigation will be provided in a bound report. The Consultant will submit an unbound draft copy for City review and comments. The Geotechnical Report will be available to bidders, and all or part of the Geotechnical Report may be included in the project bid document. • Final Geotechnical Report two bound copies and one unbound copy. The Consultant will provide an electronic copy (MS Word 2000 or newer version) of the final report, all graphs and tables,and any other information contained in the final report. Task 3.2 Post Report Design Support • Attend post-report design meetings (2). • Generate additional geotechnical recommendations,if needed. • Response to city's review comments and requests. Assumptions • The city will provide copies of all existing geotechnical reports in the vicinity prepared for city projects or submitted by applicants for private projects including but not limited to water, and sewer installations and Seahawks development proposal. Task 4 Hydrologic and Hydraulic Analysis and Report Update existing hydrologic and hydraulic models to perform an analysis needed to design the proposed storm conveyance system.The City's goal is for the new storm system to convey the future condition land use peak flow.This peak design flow will be determined based on modeling results performed in this Task and will comply with the City's design standards. At the minimum the 25 year,24 hour and 100 year,24 hour storm events will be routed through the designed system to determine compliance with City standards. These standards will be discussed prior to performance of the modeling analysis.The hydrologic and hydraulic work will include the following: Task 4.1 Review Data • Review/compile data from the previously developed Entranco SBUH hydrologic model provided by the City. • Review/compile data from the previously developed XPSWMM model of the Seahawks Training Facility storm system and as modified by the City. • Review data from the WSDOT stormwater modeling for proposed expansion of I- 405,including changes in basin boundaries. Now EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 7 OF 16 Task 4.2 Reconnaissance • Perform on-site reconnaissance to clarify hydraulic/conveyance conditions. Task 4.3 Draft Hydrologic Assessment • Update the existing SBUH model basin characteristics to reflect current drainage basin impervious coverage.This impervious coverage update will be accomplished by qualitatively comparing current vs previous (i.e. at the time the Entranco model was developed) photogrammetry and estimating the percentage increase. No new basin characteristic data will be created by Parametrix under this Task. • Develop separate subbasin(s)for WSDOT ROW,incorporating drainage basin data from the WSDOT hydraulic analysis model. • Include subbasin area downstream of WSDOT ROW,including the Seahawks training facility. • Create an existing conditions SBUH model in StormShed,by inputting basin characteristic data from the WSDOT and updated Entranco model input data. Input conveyance physical data from the Entranco and WSDOT models. • Modify land use for the existing conditions model,based on future land use data provided by the City, to develop future conditions model,also including separate subbasin(s) for WSDOT ROW,incorporating drainage basin data from the future conditions WSDOT hydraulic analysis model. • Meet with the City once,in conjunction with the meeting identified in Task 4.4,to discuss/verify modeling assumptions and setup,prior to performing the StormShed analyses. • Run existing and future conditions scenarios,determining flows at the inlet(s) to the proposed Ripley Lane piping improvements,for the 25-and 100-year storms. Quantify WSDOT vs City contribution to design flows. Task 4.4 Draft Hydraulic Assessment • Update the existing XPSWMM hydraulic model of the Seahawks facility,as modified by the City to include potential Ripley Lane storm drainage improvements. Modifications to this existing model will be limited to the proposed Ripley Lane storm drainage improvements. The model will not include existing conveyance features upstream of the proposed Ripley Lane improvements. It is assumed that no changes in the model are required of the Seahawks portion of the conveyance system. • Meet with the City once,in conjunction with the meeting identified in Task 4.3, to discuss/verify modeling assumptions and setup,prior to performing the XPSWMM analyses. • Perform a hydraulic analysis,utilizing XPSWMM. The model will provide the flow and backwater results in the proposed drainage system for the future conditions 25 and 100-year storm events. o Check backwater elevation immediately upstream of the proposed improvements and compare to the rim and pipe crown elevations of the EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 8 OF 16 lowest elevation storm drain manhole in the Denney's parking lot,east of I- 405. o Perform up to 3 additional iterations of future conditions XPSWMM iterations described in the previous bullet item,as necessary for varying pipeline design configurations. • Prepare a draft Hydrologic and Hydraulic Analysis Report for the project describing SBUH and XPSWMM modeling assumptions, analyses and results. The report will be submitted during the first half of the project design. The draft report will be used to evaluate the conveyance capability of the new stormwater design and will be approximately 10 pages in length,plus attachments. Task 4.5 Final Hydrologic Report The Final Hydrologic and Hydraulic Report for the project will be submitted according to the time allotted in the Schedule,following receipt of complete review comments by the City. The Final Report will contain the analysis,methodology,figures,graphs,tables,and computer program results (as attachments). The Final Report will be signed and stamped by a PE licensed in the State of Washington. The Consultant will provide one bound copy of the final Hydrologic and Hydraulic Report and one unbound copy. The Consultant will provide an unstamped electronic copy (MS Word 2000 or newer version) of the final report,all graphs and tables,and electronic versions of any other information contained in the Final Report. The Consultant will provide an electronic copy of all computer modeling files used in the analysis including input,output files,and CADD mapping files. Assumptions: • SBUH methodology and StormShed software will be used for the hydrologic modeling analysis. • XPSWMM software will be used for the hydraulic analysis. • The City will provide storm conveyance information and the XPSWMM model of the Seahawk training facility,for purposes of performing a hydraulic analysis from the piping improvements proposed for this project,to Lake Washington. • Existing/proposed stormwater detention facilities will not be incorporated into the model scenarios. Task 5 Permitting Permitting shall be a critical component with potential impacts to a stream and wetland area within the project limits. The Consultant will be expected to provide wetland delineation, stream permitting expertise, potential biological,and habitat experience. In addition, potential hazard materials handling and permitting may be required. Task 5.1 Identification of Existing Conditions and Permit needs a. Perform initial wetland and fish resource surveys for Task 2 and for identification of permit needs EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 9 OF 16 b. Determine which State and Federal Permits may be needed for the project through coordination with agencies. Anticipated permits include: ,,fir • Washington Department of Fish and Wildlife (WDFW) Hydraulic Project Approval (HPA) • US Army Corps of Engineers (USACO) Section 404 Nationwide Permit No.43 for Stormwater Management Facilities; • Section 7 consultation under the Endangered Species Act is anticipated as part of the USACOE Section 404 Permit and is anticipated for the purpose of the scope to be a "Determination of No Adverse Effect". An initial task will be to determine whether a "No Effect" letter is a potential process with a resulting savings. • NEPA review for federal action is anticipated to be a "categorical exclusion" processed by the USACOE • NPDES Permit for Construction processed by Ecology • Permit issues by BNSF to cross railroad right of way • Renton Critical Areas review in accordance with RCC 4.3.050; • Environmental Checklist(SEPA) Task 5.2 Preparation and Submittal of Permit Applications Consultant will provide required permit applications at the preliminary design(approx. 10% to 30%)for submittal to agencies including all figures/information needed and provide assistance in meetings and response to agency comments. Consultant will provide Critical Area Reports for Streams and Wetlands as required by subsections L3 and M3 of RCC 4.3.050.All permit applications will be reviewed and submitted by the City. Deliverables: • Initial survey of wetlands for Task 2 • Memo/report on the results of initial agency coordination on permit requirements and recommended permit strategy coordinated with alternatives analysis. • Critical Area Identification Reports for Streams and Wetlands as required by subsections L3 and M3 of RCC 4.3.050. • Permit applications and supporting information for required permits. Assumptions and Specifications: • Permit requirements will be limited to: o Washington Department of Fish and Wildlife (WDFW) Hydraulic Project Approval (HPA) o US Army Corpos of Engineers (USACO) Section 404 Nationwide Permit No. 43 for Stormwater Management Facilities; o Section 7 consultation under the Endangered Species Act is anticipated as part of the USACOE Section 404 Permit and is anticipated to be a "Letter of No Effect"; o NEPA review for federal action is anticipated to be a "Categorical Exclusion" processed by the USACOE or HUD. Neasi EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 10 OF 16 o NPDES Stormwater Construction Permit Notification administered by the Department of Ecology o BNSF permit for boring under the railroad o Renton Critical Areas permit in accordance with RCC 4.3.050; o Environmental Checklist(SEPA) • All permit applications will be submitted to Renton Utility staff for one review and revision • Permits will be submitted by Renton Utility staff to the appropriate agencies • Meetings are specified in Task 8.2.2 • Response to permit review will consist of clarification and will not require substantive revision of permit applications. Task 6 Storm System Design, Construction Plans and Specifications Using the results from the surveying, geotechnical,sensitive areas, and hydraulic tasks the consultant will develop the design for the new storm system. The City anticipates that the new storm system will discharge into the new storm manhole being proposed by the Seahawks development.The scope of work assumes that standard open trench methods and pipe supports within an excavated trench will be used during construction. If sub-surface conditions warrant potential construction difficulties then the design and specifications should accommodate poor sub-surface conditions. The design work will include the following: Task 6.1 Background Review Consultant will review background information(existing utility record drawings) survey information and the results of geotechnical information prior to beginning the preparation of the contract plans and specifications portion of the stormwater improvements.The location of public and private utilities,and potential utility conflicts,will be investigated for the design to account for potential sub-surface utility conflicts. The Consultant will determine what locations/utilities needed to be potholed,and pothole and survey the utility locations and elevations.The pothole information will be added to the base map and new storm system design. The Scope of Work anticipates boring up to six potholes. This task will be coordinated with survey Task 2.2 to provide an overview of site conditions and constraints Task 6.2 Contract Plans Consultant will prepare contract plans at 1" =20' scales showing the plan and profile of the proposed storm system improvement,estimated at one sheet. In addition detail sheets showing connection details,and surface improvement details,estimated at one or two sheets. Inclusion of erosion control plans and details in accordance with City of Renton standards. All plans will be in standard City format for Bid Documents. EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 11 OF 16 Task 6.2.1 Permit Plans Consultant will provide a preliminary design concurrent with 30% plans for the recommended storm system for immediate SEPA and permit submittal. SEPA and other environmental permitting is a critical component of this project. Task 6.2.2 30 Percent Plans The consultant will work with the City to determine the recommended storm system design. The preliminary design(approx 30%) should include the proposed storm system location,size,capacity,hydraulic performance,potential utility conflicts and resolutions, and other relevant considerations for review of feasibility and permits as well as preliminary cost estimates. This plan set will provide the basis for the design approach for final plans,together with any comments or conditions on permits. Task 6.3 Final Plans The 90% submittal will consist of complete plans and completed plans and supplemental specifications for stormwater improvements and respond to City review comments on the 30% submittal as well as permit comments and conditions. The Consultant will also submit a final 100% set of plans and specifications addressing City comments. 6.4 Contract Specifications Consultant will prepare construction plans, details and supplemental contract specifications for the stormwater improvements only consistent with Renton Surface Water Utility Standards. City will incorporate this information in the standard City format for Bid Documents and develop general specifications and conditions,TESC specifications and the bid list. Specifications shall be submitted with the 90% plan The City of Renton will advertise the contract documents and keep the bidders list. The Consultant will answer request for information RFI's asked by the City as provided in Task 7. Task 6.5 Ripley Lane Pedestrian/Bicycle Shoulder Widening Consultant will prepare plans for widening the Ripley Lane west shoulder between Lake Washington Blvd. and the south entrance to the Seahawks facility. The plans will consist of one plan view and up to two (2) cross sections. Review will take place at 30% completion. Submittal of 100% plans will take place at the same time as submittal of stormwater 100% plans. City will provide all specifications. Deliverables: • Memorandum/Report on the results of background review and any unanticipated conditions that result in a change in design assumptions or cost of design or construction. • Contract plans at 30%,and 90% for city review and comment. • Specifications shall be submitted with the 90% plan submittal. • Contract plans at 100% completion for bid package EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 12 OF 16 Assumptions and Specifications: • This scope anticipates that the new storm system will discharge into the new storm manhole being proposed by the Seahawks development. The scope of work assumes that standard open trench methods and pipe supports within an excavated trench will be used during construction within Ripley Lane and boring will be employed across the METRO sewer mainline and BNSF railway. If sub-surface conditions warrant a change in design and specifications to accommodate poor sub-surface conditions,a scope revision may be required.. • The City will provide all known record drawings for the Consultants review. In addition to record drawings the City will provide in field paint marks for all City owned utilities confirming the physical location of utility lines. Once located in the field existing utilities and surface improvements will be mapped with Parametrix survey crew and placed on the topographic mapping. • It is anticipated that there will be review meetings to receive comments on the 30%, and 90% submittals as provided in Task 8.2.1. • Specifications will be limited to supplemental specifications for the stormwater improvements only. City will incorporate this information with City General Standards in the standard City format for Bid Documents and develop TESC specifications,the bid list and other items. • The Consultant will submit one paper copy of each draft plan, and an electronic Autocad copy of the plans via the City's Autodesk Buzzsaw system. *000 • Final Construction Plans will be developed in 22 x 34 paper drawings that is stamped and signed by a PE licensed in Washington State. The bid document (unbound) will follow the standard City format and will be stamped and signed by the PE. • The City will be responsible for copying the bid document and plans, advertising the project for bids,and distributing the bid document to the bidders. Task 7 Construction Assistance and Observation Provide assistance to the City during bidding and project construction. Minimal construction assistance and observations are to be expected from the consultant. The Scope of Work assumes that standard open trench methods and pipe support within an excavated trench will be used for Ripley Lane with boring under the Metro sewer and BNSF right of way. The work will include the following: • All questions from bidders will be directed to the City. The City may ask the consultant to provide answers to technical questions, provide additional information or clarifications, or prepare Addendums for any changes needed to the plans or specifications during the bid process may require revisions to this scope and budget. The City will distribute any Addenda needed. 14010., EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 13 OF 16 • The City will issue the Notice to Proceed when all City requirements have been met and material submittals have been approved. ,fir • The consultant will review material submittals by the bidder in conjunction with the City. During construction the City may ask the consultant to evaluate technical questions, provide additional information or clarifications to the design plans, and prepare Change Orders for any changes needed to the plans or specifications. • The City will provide a part-time construction inspector for daily inspection of the project. No construction manager will be needed from the consultant. • The City will processes simple Change Orders and procedural changes, construction project records (e.g. work days, inspector logs),progress estimates for bid items, and pay estimates. • Geotechnical engineering oversight of shoring and foundations installation; subgrade stabilisation; and dewatering, fill materials and installation will be addressed in a separate contract. • As-built surveying will be performed by the contractor as separately contracted. The City will review the as-built survey information and update the design drawings with the as-built information. Task 8 Project Management Project Management will include internal management and procedures needed by the Consultant for the project. PM includes personnel management,internal meetings,record keeping,monitoring the design progress and schedule,and the contract billing. Design review meetings with the City are included in the design task with hours estimated in Task 8.2.1. Task 8.1 Monthly Progress Reports and Invoicing Monthly invoices and backup shall be prepared in accordance with the format agreed upon by the City. Progress reports shall describe the work accomplished during the billing period,including the status of individual Work Elements,meetings attended,and action or information needed from the City.Progress reports shall also indicate work to be accomplished during the next billing period. Progress reports shall be submitted to the City with the monthly invoice and shall include scope, schedule and budget management. Scope and Budget Management The CONSULTANT shall manage the project scope. Current scope and budget status will be included in the monthly progress report. Significant changes that affect scope and budget shall be reported to the City as new information is received, or for minor changes with the monthly progress report. Reports to the City will outline the reason for a change to the scope,outline alternatives and propose corrective actions for both the scope and budget. These actions could include formal requests for scope of budget modifications. EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 14 OF 16 • Schedule Management low The CONSULTANT shall report on the schedule at monthly progress reports and update the project schedule at regular intervals as changes affect the project. The updated schedule shall be submitted to the City with monthly progress reports for minor changes AND immediately when any significant change occurs that impacts the project schedule. For budgeting purposes,it is assumed that up to schedule updates shall be prepared at the time on monthly invoices and progress reports,as needed. Deliverables: • Up to 12 Monthly Invoices • Up to 12 Monthly Progress Reports Task 8.2 Communication Task 8.2.1 Client Project Management Team Meetings The CONSULTANT shall plan,facilitate and attend project management team meetings that shall be coordinated with other meetings planned for coordination of specific task. The CONSULTANT shall prepare meeting agendas and meeting summaries/action items. Deliverables: • Attendance at the following Coordination Meetings, excluding meetings with other agencies addressed in 8.22 below. `ow o Project Kickoff o Results of preliminary investigation and development of alternatives o Results of hydrologic and hydraulic analysis o Plan set for permit applications o 30% plan set and preliminary cost estimate o 90% plan set and cost estimate o Final plans and specifications • Draft Meeting Summaries as needed (1 electronic copy) • Meeting Summaries (electronic copy to attendees) Task 8.2.2 Agency Coordination Meetings The CONSULTANT shall plan, facilitate and attend project coordination meetings with agencies as indicated below. It is assumed that these meetings will occur at Renton City Hall or at the Parametrix Bellevue Office. Appropriate CONSULTANT team staff shall attend each meeting, depending on the agenda. The CONSULTANT shall prepare meeting agendas and meeting summaries/action items. Draft meeting minutes shall be sent to the City's Project Manager within three (3) working days for review; the final meeting summary shall be sent to all attendees within five (5) working days. New EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 15 OF 16 �rrrrer Deliverables: • Attendance at up to 2 Meetings with Seahawks • Attendance at up to 1 Meetings with WSDOT • Attendance at up to 2 Meetings with King County Metro • Attendance at up to 1 Meeting with BNSF Railroad • Attendance at up to 1 Meetings with Corps of Engineers • Attendance at up to 1 Meetings with WDFW • Attendance at up to 1 Meetings with Renton Land Use/Permits staff • For each meeting o Agendas and Meeting Materials o Draft Meeting Summaries as needed (1 electronic copy) o Up to 6 Meeting Summaries (electronic copy to attendees) Task 8.3 Quality Control This Work Element covers senior review of major work deliverables as defined in the Project Quality Plan. Such reviews shall be performed after deliverables are assembled and prior to submittal to the City. Quality control efforts and reviews shall include the work performed by the CONSULTANT and its subconsultants. Routine checking of calculations, plan sheets, and other work, done as peer review on the various discipline items, is included in the scope of the individual Work Elements. Deliverables: • Review comments shall be formally documented, responded to and filed in the Project Files. EXHIBIT A SCOPE OF WORK,RIPLEY LANE STORM IMPR. 3-19-07 PAGE 16 OF 16 ..--- •`--• BUDGET 03-19-07 Formol-Po-alma 02/05 CLIENT:City of Renton PRO Gypsey Creek Ripley Lane Storm System Improvements _ _-- - _-- - -_ae --- __ --- -- ----_--_ _____--_ -- ----___ STAFF Tom More Davol Sherrard More Othvant Rick Hermes Jell Coop I Dave Harms Marti Loulher Pete Lawson Becky Re ranger Saelhu Babu I Senior Senwr Erosion Trans ortabo H STAFF CATEG. Project Manager DC Ennnes, Control pHydraulics Wetland Aquatic planner 11 Protect Protect Surve Tech Survey Crew CADC Edmq,Word management Manager Engineer n Engineer Spec laist Biologist Specialist Engineer Surveyor y Processing B Atlmn Engineer 320 BILL RATES 516767 $14976 519860 019589 $14253 59600 514925 $10854 $11024 $10240 $9440 514400 $8960 $15040 89920 56723 56698 HOURS COST Task 1•Alterna0ves&Feasibility 4 , 4 -- — 4 4 16 51,807 Task 2 Surveying Subtotal $10,127 Task 2.1 Survey Ripley Lane Storm Vicinity 4 1111111111111111111111 4 58 $7,197 Tasks Survey Ripley Lane Shoulder ._.. . 4 8 10 1 2 24 $2,931 �_ ----_.- -- Task 3 Geotechnical G Subconsultant-See Subconsultant below __ Task 4 Hydrologic and Hydraulic Analysis 11.1111.1111Subtotal $30,144 Task 4.1 Review Data 12 12 24 $2,924 Task 42Reconnasisarlce 4 NI_1.111111111111 16 $1,730 Task 4.3 Draft Hydrologic Assessment 8 40 10 _ _ 4 6 72 -.-$9,549 Task 4.4 Draft Hydraulic Assessment 1 4 8 I 20 60 4 6 106 $11,883 Task 4.5 Final Hydrologic Report 4 12 12 _ 4 4 36 $4,060 Task 5 Permitting _ Subtotal $32877 Task 5.1 Fieldwork and ID Permit Needs 4 I 8 8 4 4 4 32 $3296 Taks 5.2 Prepare Applications __ - . .. Task 52 1 USACOE Section 404 4 4 l = 8 8 __ 8 4 4 48 $5,282 Task 5.2 2 WDFW HPA 4 4 linliaral 1 B 4 4 40 $4,065�- Task 52 3 ESA Section 7 NO EFFECT LETTER 4 1 4 . 24 4 4 4 4 48 $5,022 Task 5.2.4 Ecology NPDES Constr.Permit 4 4 4 g I 4 4 28 $3,309 Task 5.2 5 BNSF 4 16 8 __ 16 4 4 52 $6,676 Task 5.2.6 Renton Crictal Areas&SEPAINEPA 4 4 _11131. 4 16 Will1111111111111.1 8 4 4 46 $5,227 Task 6 Design Plans&Specs I Subtotal 399 $50,145 61 Background B Alternatives Review 4 8 1 ___ 4 24 4 44 $5,192 6.2.1 Permit Plan Set 4 12 8 20 I 4 48 56,084 622 Contract Plans 30% 4 36 32 g11111111 132 -_— $16252 63 Contract Plans 90%and 100%% 4 24 16 =1.1.11 4 80 $11,023 6.4 Contract ne Shoulder ions 8 19MIME MI 12 28 8 12 _—-$2 941 6 5 Ripley Lane Shoulder Enyansion 4 Task 7 Construction Assistance&Observation 12 a__ ________ 20 _ $3,491 File Name Renton Ripley Budget 03-19-07 xis Project Delivery System Page 1 of 2 PARAMETRIX BUDGET 03-19-07 Form01-PG411Rev 02,05 PROJECT:Gypsey Creek Ripley Lane Storm System Improvements STAFF Torn Alkets Toed Sherrard Mike airvaa Rick Hermes Jeff Coop Dave Hams Marti Loulher Pete Lawson Becky Remmger l'I Seethu Baby Erosion STAFF CATEG. Senior protect Manager QC En nee Senior Control Transponauo Hytlrauhcs Wetland Aquatic planner II Protea Project Survey Tech Survey Crew CADD 07605.Woro management Manager Engineer Engneer n Engmeer si clars, &ologist Specialist Engineer Surveyor Procesvng 8 Admin 320 RILL RATES $16767 $14976 $19860 $19589 $14253 $9600 $14925 $10854 $11024 $10240 $9440 $14400 $8960 $15040 $9920 $6727 $6698 HOURS COSI Task 8 Project Manageemnt I I I Subtotal 1 Task 8 1 Monthly Re $ports/Scope/Budget%int 7212 I ,340 8 12 92 $12,112424 Task 8.2 Communication Subtotal $20,108 . Task 8.2.1 Client Meetings 27 15 3 6 3 3 3 8 8 $10,342. Task 82.2 Agency&other Meetings Subtotal $9,766 Taks 8.2.2.1 Seahawks Meetings 6 6 i I $2,074 I I Task 8.2.2.2 WSDOT Meetings 3 3 I $897 Task 82.2.3 Metro Meetings 6 6 $2,074 Task 8.2.2.4 Utility Meetings 111111111111111111•11111 MI__—_—_ __MI___ $1,037 Task8.2.2.5 BNSF Meetings 3 3 a._ _$1,037 Task 8 2.2.6 USACOE Meetings 3 3 1 $1,087 Task 8.2.27 WOFW Meetings 3 ' 1 $780 Task 8.2.2.8 Renton Cmical Areas Meetings 3 $780 Task 8.3 Quality Contrd $6,108 _— ---- --__— —___.—_——— _ —r --_-- ..---- ---T--1 12 T 193 32 188 I 63 I_ 97 31 80 62 T 110 j 12 24 34 192 70 i 98 1,709 ! $166,931 Salary Escalation imated%of project completed before next salary increase Additional Labor Cost Estimated%of next salary increase from salary escalation use Expense Item Quantity Unit cost Unit Irea Cost f I I I 1 ',7,{gpr* , u . n,•,+3v , ;'t _{r;. I Mrlea a 1000 $0.485 mile $85,00 ^8V._-4:,... §r 1." w1o, C'Mf� m 7 ?°�g 1 r,,, P -44.:',A,',14,,'„,' $485 � el re � ' $ � . �4.,-I ai . -5 > ,i , 1 Photocopies 2000 $0.10 sheet � �. fi s v1 4 � �r ^` t _ $200 $2000 Check punts 100 $1 00 sheet $100 00 I f111,,,,;1,",,, .. 2 n' ' x yr ,t r�� x $100 Final Plots 10 I $20.00 sheet T $200.00 l k � , ," y . 4 .m z �7M a. r.,t.ra.sX ., u �,;.....,,.& v, 4 rHHO0y zo `i . w -',14:24,114-4,e1421 $200 Description Direct Cost Markup% r1: 77 y,a r la, r, e, Subconsultant Utility Location 1 _ $1,000 00 10%_ tt'ti#4 i a 1 " $1,100 Subconsultant Geotechnical,Task 3 1 0 3 2 — _ $2,750 00 10% t a '7 a ! ____1322 ____25 _ Subconsultant Drilling $10,250.00 10% ,A,..,...„..„.,,,,.,.."t . $11,275_ Subconsultatn Geotechnical Construction Services 10% _ ;thr 1<p,6ra�. ,x PROJECT TOTAL I $183,316 File Name Renton Ripley Budget 03-19-07 xis Project Delivery System Page 2 012 — ••••••••••••,...1 AZ.7.•••S vrJ. 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'--2 1,am.. 40•2,•••••W .I.V.vo Vo••1 ! 2_ li LOA.. .4.02,voll 11..0•••Ini I .t1,121::12•4,.to° L/F•Olitytord,t„.vos,-.i44•1,2,01,110,..,,Te4 0,•,_,t,g,VOVIO",.'.L.,;Zr s.51°'''','1,kf',.''',''''-.-,'A,'''`jr`F-.'"'-"--o'''-'Ir'''')-.'4162.1.-.4", ,,`,,,,1,..,-=... ,,,,o„4=a, ,..4.,,,P,r_ . _ I,,,,,,,,,,,,,,,,,,,i,„,,,i,,,T,,,r,,,,,,,„.] „1,, ...PloN a. . 1 v 9,1., .....r1 .rc w.v 4...1 , ..,, I • 4, a 1002 03 40,41', equewmadt.us JWCA1111.1 eitily°mini jo Apo ::IIIIII. ,.., . .. ) • Ar:711v1 nv 1 COMMUNITY SERVICES COMMITTEE leu�'iT C 4,A . as 4m elId¢d COMMITTEEE REPORT Date_ _ Z April 2, 2007 2007 Neighborhood Grant Projects The Community Services Committee recommends concurrence in the staff recommendation to approve the following grant awards. 1. Heritage Garden Estates HOA- Continue to landscape retention pond. Landscape SW corner of entrance into the neighborhood at SE 8th PI, 7th Court, and Beacon Way. $8,450 2. Kennydale Neighborhood Association - Placement of a weatherproof kiosk near the intersection of N 30th St and Park Ave N. Landscape with a suitable shrub or small tree planted on the east and west side of kiosk. The kiosk would measure 50-1/2" W x 35" H x 12"D. $1,072 3. Liberty Ridge Homeowners Association - Project is located on NE 3rd St and consists of removing scotch broom and other noxious weeds. Add topsoil for plantings and build berm plant bed. Plant approximately 36 (6'-8' cedars, pines and maples) and 97 drought resistant hardy shrubs (burning bush, coteneaster, wax myrtle and pampas grass). Install irrigation system and add gravel or other stone for meandering border areas. $22,281 North Renton Neighborhood Association - Project is located on NE 3rd St and . Gee- pale-3 . ., _ ., . . .• : :_ -• : ..• - - . . . --- , ! - •. .. . 4?or revr scci - . •• - • ..• . . . . . .. $6,890 5. Renton Hill Neighborhood Association- The residents of Renton Hill will dig the holes and plant ten trees at Philip Arnold Park. Tree site locations to be determined by the Parks Department. $2,750 6. Sir Cedric Condominium Association - Enhance landscaping along Lynnwood Ave NE and Monroe Ave NE with drought resistant plants. $3,507 7. South Renton Neighborhood & Downtown Businesses - The project will consist of the South Renton Neighborhood Association; working in partnership with the Downtown Businesses, to do a spring clean up and plant assorted plants in containers in the Main Street Square. $2,381 8. Summerwind Homeowners Association - The project includes the construction of a 50' x 70' sports court, small play area, and park benches. Both the sports court and the play area will be professionally installed and maintained by the HOA. $25,000 The Committee also recommends approval of funding for the following administrative newsletter applications: 1. Highlands Community Association—Annual printing for a newsletter printed quarterly and distributed door-to-door and mailed. $2,000 2. North Renton Neighborhood Association—Annual printing of quarterly newsletter distributed door-to-door and electronically. $900 The Committee further recommends that an ordinance be presented for first reading increasing the funding in the Neighborhood Grant Program by an additional $33,000 from the Capital Project Fund Balance,raising the$50,000 allocation to $83,000. This first round of applications total $75,231 and Council authorizes a second round of funding, ending September 28, 2007, with the remaining balance of$7,769. ' e....± //V , k R i y Corman, hair 7))// A - / 1 Qli` ii.2_, y Marcie Palmer, Vice-Chair Toni Nelson, Substitute Member cc: Norma McQuiller Suzanne Dale Estey Alex Pietsch • COMMUNITY SERVICES COMMITTEE COMMITTEEE REPORT April 2, 2007 2007 Neighborhood Grant Projects The Community Services Committee recommends concurrence in the staff recommendation to approve the following grant awards. 1. Heritage Garden Estates HOA - Continue to landscape retention pond. Landscape SW corner of entrance into the neighborhood at SE Bch Pl 7th Court, and Beacon Way. $8,450 2. Kennydale Neighborhood Association - Placement of a weatherproof kiosk near the intersection of N 30`h St and Park Ave N. Landscape with a suitable shrub or small tree planted on the east and west side of kiosk. The kiosk would measure 50-1/2" W x 35"H x 12"D. $1,072 3. Liberty Ridge Homeowners Association - Project is located on NE 3rd St and consists of removing scotch broom and other noxious weeds. Add topsoil for plantings and build berm plant bed. Plant approximately 36 (6'-8' cedars, pines and maples) and 97 drought resistant hardy shrubs (burning bush, coteneaster, wax myrtle and pampas grass). Install irrigation system and add gravel or other stone for meandering border areas. $22,281 As revised 4. North Renton Neighborhood Association - The project consists of installing a 4.,2.A007 neighborhood entry sign and landscaping at the junction of several major roads at the easterly boundary of the North Renton neighborhood. Fencing the area off behind the sign with a white picket fence to tie into the design of the house-shaped sign. $6,890 5. Renton Hill Neighborhood Association - The residents of Renton Hill will dig f e holes and plant ten trees at Philip Arnold Park. Tree site locations to be determined by the Parks Department. $2,750 6. Sir Cedric Condominium Association - Enhance landscaping along Lynnwood Ave NE and Monroe Ave NE with drought resistant plants. $3,507 7. South Renton Neighborhood & Downtown Businesses - The project will consist of the South Renton Neighborhood Association; working in partnership with the Downtown Businesses, to do a spring clean up and plant assorted plants in containers in the Main Street Square. $2,381 8. Summerwind Homeowners Association - The project includes the construction of a 50' x 70' sports court, small play area, and park benches. Both the sports court and the play area will be professionally installed and maintained by the HOA. $25,000 The Committee also recommends approval of funding for the following administrative newsletter applications: 1. Highlands Community Association —Annual printing for a newsletter printed quarterly and distributed door-to-door and mailed. $2,000 2. North Renton Neighborhood Association —Annual printing of quarterly newsletter distributed door-to-door and electronically. $900 1,77,1vm Dv C:71 CO C L as l/n e,ki Date .X-g2-_2 G_7 COMMUNITY SERVICES COMMITTEE REPORT April 2, 2007 Appointment of Michael Chen to the Planning Commission (March 26, 2007) The Community Services Committee recommends concurrence in Mayor Keolker's appointment of Michael Chen for a three-year term (expiring 01/31/9 ) for the Planning Commission. ,ie/ `* f, L( Randy Co , Chair Marcie Palmer, Vice Chair S- Terri Brie, Mem.er Planning-Michael Chen-cmte report.doc\ Rev 1/06 bh Adopfed 1/-A-A.007 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 AGREEMENT WITH DRAINAGE DISTRICT NO. 1 OF KING COUNTY REGARDING THE SW 34TH STREET CULVERT REPLACEMENT PROJECT. WHEREAS, the City of Renton plans to replace four existing, undersized CMP culverts with a new concrete box culvert and associated appurtenances at the 34th Street SW and Springbrook Creek crossing as part of the SW 34th Street Culvert Replacement Project; and WHEREAS, Drainage District No. 1 of King County is charged with providing maintenance of the Springbrook Creek and would benefit from the increased conveyance capacity provided by the new box culvert; and WHEREAS, Drainage District No. 1 of King County has offered to contribute the sum of$50,000 toward the cost of the project; and WHEREAS, it is necessary to document the terms and conditions under which the District will make its contribution to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Drainage District No. 1 of King County, under which the District will contribute $50,000 towards the cost of the 34th Street SW Culvert Replacement Project. 1 ' _ RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1253:3/9/07:ma 2 Renton School Board Good News Announcements March 28, 2007 1. Lindbergh High School senior Mercy Hoang was named Washington state's Distributive Education Clubs of America(DECA) Member of the Year at a recent state conference. Additionally, more than a dozen Lindbergh students participated in the conference, placing high in competitions for business law, marketing, and public relations projects. DECA is a program that offers high school students hands-on experiences in the fields of marketing, business, finance, hospitality and entrepreneurship. 2. Renton High School this year added an Advanced Placement Chemistry class, thanks in part to grants from the school's alumni group, Excellence in Education. The donations went to purchase supplies for lab experiments appropriate for first- year college chemistry, and for Super Science Saturday, a program planned for June to offer science education to incoming ninth-graders from Dimmitt Middle School. 3. Lindbergh High School senior Diana Nguyen has been awarded a $1,500 scholarship from the Marriott Corporation and senior Lisa Nguyen has received a $1,000 scholarship from Walgreens both through the National DECA program. The scholarships can be used at any university in the U.S. 4. Three PTAs in the Renton School District were recognized by the state PTA association for adding six or more members during the Add Six in 2006 campaign. For achieving the goal, Bryn Mawr PTA, Hazelwood PTA and Kennydale PTA will be entered into the PTA Membership Hall of Fame at their state convention in May. 5. Cascade Elementary School second-grade teacher Harvey Sadis recently won a $1,000 field trip grant from Target to allow the school's entire second grade to participate in the Woodland Park Forest Explorers program. Harvey also won a National Consortium for the Teaching of Asia(NCTA) Initiative grant to take students to the performances by the Northwest Puppet Center and the Seattle Children's Theatre. 6. Renton School District's transportation department recently hosted the Washington Association of Pupil Transportation School Bus Technicians competition for the Western Washington Region. Fifteen technicians from ten school districts competed in the event. Renton had two technicians, Bill McShane and Chet Munro, compete.