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HomeMy WebLinkAboutCouncil 11/05/2007 AGENDA RENTON CITY COUNCIL REGULAR MEETING November 5, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATIONS: a. Key Club Week—November 5 to 9, 2007 b. Renton Eagle Day—November 17, 2007 4. SPECIAL PRESENTATION: Mayor's presentation of 2008 Budget 5. PUBLIC HEARING: Annexation and R-8 zoning of 7.6 acres located west of Duvall Ave. NE and south of NE 18th Pl. (Marshall) 6. APPEAL: Committee of the Whole Committee report re: Beclan Place Preliminary Plat INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requires that the City establish a process to handle appeals from application of environmental and developmental rules and regulations. The Renton City Council,feeling it was best for the elected kilkoof representatives to handle the appeals rather than require citizens to go to court,has retained appellate jurisdiction to itself. The courts have held that the City Council,while sitting as an appellate body,is acting as a quasi-judicial body and must obey rules of procedure of a court more than that of a political body. By City Code,and by State law,the City Council may not consider new evidence in this appeal. The parties to the appeal have had an opportunity to address their arguments to the Planning&Development Committee of the City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from considering new evidence,and because all parties have had an opportunity to address their concerns to the Planning&Development Committee,the City Council may not consider oral or written testimony at the City Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of open discourse provided to citizenry during the audience comment portion of the City Council meeting. However,this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by the quick,easy,inexpensive and local appeal process provided by the Renton City Council. 7. .A°DMINISTRATIVE REPORT 8. [AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the `Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. Noir, NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the.council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. (CONTINUED ON REVERSE SIDE) 9. 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 10/22/2007. Council concur. b. Mayor Keolker appoints Dalia Amin to the Municipal Arts Commission(youth position) to fill the unexpired term previously held by Renne Saling(term to expire 12/31/2007). Refer to Community Services Committee. c. Administrative, Judicial and Legal Services Department recommends adoption of an ordinance amending the 2007 Budget for the purpose of recruiting, hiring, training personnel and purchasing equipment, conditioned on an affirmative vote for the Benson Hill Communities Annexation. Refer to Committee of the Whole. d. Complaint filed under 14 C.F.R. Part 16 by AcuWings, LLC, represented by Douglas Owens, Law Office of Douglas N. Owens(Seattle), with the Federal Aviation Administration for alleged noncompliance with grant assurances, violation of property acquisition terms, and discriminatory leasing conditions(CRT-07-012). Refer to City Attorney and Insurance Services. e. Complaint filed under 14 C.F.R. Part 16 by Pro-Flight Aviation, Inc., represented by Jay S. Jump, Jump Law Group (Kent), with the Federal Aviation Administration for alleged economic discriminatory actions and violation of grant assurances (CRT-07-013). Refer to City Attorney and Insurance Services. f. Community Services Department recommends adoption of an ordinance to increase golf course green fees and add a driving range fee for 2008. Refer to Committee of the Whole. g. Development Services Division recommends approval of the Honey Brooke West Final Plat(aka Sagecrest) (FP-07-067); 51 single-family lots on 8.33 acres located in the vicinity of NE 5th St. and Hoquiam Ave. NE. Council concur. (See 11.a. for resolution.) h. Economic Development, Neighborhoods and Strategic Planning Department recommends adoption of an ordinance extending the effectuation date for Phase II of the Merritt II annexation from 12/31/2007 to 4/30/2008, or 30 days after the contract for road improvements along Duvall Ave. NE is awarded, whichever comes first. Council concur. (See 11.b. for ordinance.) i. Fire Department requests authorization to fill the Assistant Fire Marshall position at Step D of the salary range. Council concur. j. Legal Division recommends approval of a settlement with Darwin Bosteder in the amount of $90,000,plus mediation fees, regarding an alleged violation of his fourth amendment rights. Council concur. k. Police Department recommends approval of an interlocal agreement with the Department of Corrections to allow the placement of a Community Corrections Officer at City Hall. Council concur. (See 11.b. for resolution.) 1. Transportation Systems Division recommends approval of the State Pedestrian and Bicycle Safety Program Grant with Washington State Department of Transportation to accept funds in the amount of$230,000 for pedestrian-related improvements at Rainer Ave. S. and S. 4th P1. Council concur. m. Transportation Systems Division recommends approval of a contract in the amount of$250,000 with Widener and Associates for environmental services for transportation projects. Council concur. n. Transportation Systems Division recommends approval of a contract in the amount of$155,000 with WHPacific for design services for the Logan Ave. N. bike lane project. Council concur. o. Utility Systems Division requests adoption of the final water conservation goals prior to 1/22/2008. Refer to Utilities Committee. p. Utility Systems Division submits CAG-06-152, 2006 Water Utility Emergency Power Generation; and requests approval of the project, authorization for final pay estimate in the amount of$1,089, commencement of a 60-day lien period and release of retained amount of $104,219.82 to Wick Constructors,Inc., contractor, if all releases are obtained. Council concur. q. Utility Systems Division submits CAG-07-107, Maplewood Creek Sediment Basin 2007 Cleaning and Maintenance; and requests approval of the project, authorization for final pay Life estimate in the amount of$9,329.57, commencement of a 60-day lien period and release of retained amount of$3,704.27 to Clearcreek Contractors, Inc., contractor, if all releases are obtained. Council concur. (CONTINUED ON NEXT PAGE) Aft r. Utility Systems Division submits CAG-06-159, Renton Ave. S./S. 3rd St. Storm System; and requests approval of the project, authorization for final pay estimate in the amount of$7,280.20, commencement of a 60-day lien period and release of retained amount of$2,749.26 to Gary Merlin Construction Company, Inc., contractor, if all releases are obtained. Council concur. % r, 10. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Committee of the Whole: Benson Hill Interlocal Agreement* b. Community Services Committee: Catherine Ploue-Smith Appointment to Library Board c. Finance Committee: Vouchers d. Utilities Committee: Conner Homes' Request for Oversizing 11. RESOLUTIONS AND ORDINANCES Resolutions: a. Approving Honey Brooke West(aka Sagecrest)Final Plat(see 9.g.) b. Agreement with Department of Corrections re: Community Corrections Officer(see 9.k.) c. Agreement with King County re: Benson Hill Interlocal Agreement (see 10.a.) Ordinances for first reading: a. Issaquah and Kent School District Mitigation Fees (Council approved 10/22/2007) • b. Changing the effectuation date of Phase II of the Merritt II annexation. (see 9.h.) Ordinance for second and final reading: Amend 2007 Budget by transferring funds for Utilities Capital Expenditures (1st reading 10/22/2007) 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT 14. EXECUTIVE SESSION (litigation) 15. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 6 p.m. 3rd Quarter Financial Report; 2008 Revenue Estimates; Benson Hill Interlocal Agreement Le 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 1 I AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT. &SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting November 5, 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; DAN CLAWSON; DENIS LAW; TERRI COUNCILMEMBERS BRIERE; MARCIE PALMER; DON PERSSON; RANDY CORMAN. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; TERRY HIGASHIYAMA, Community Services Administrator; ALEX PIETSCH, Economic Development Administrator; SUZANNE DALE ESTEY, Economic Development Director; DON ERICKSON, Senior Planner; MICHAEL BAILEY, Finance and Information Services Administrator; LINDA PARKS, Fiscal Services Director; MARTY WINE, Assistant CAO; PREETI SHRIDHAR, Communications Director; CHIEF I. DAVID DANIELS, DEPUTY CHIEF ROBERT VAN HORNE, and EMERGENCY MANAGEMENT DIRECTOR DEBORAH NEEDHAM; Fire Department; CHIEF KEVIN MILOSEVICH, DEPUTY CHIEF TIM TROXEL, and COMMANDER KATIE MCCLINCY, Police Department. PROCLAMATIONS A proclamation by Mayor Keolker was read declaring November 5 to 9, 2007, Key Club Week- November 5 to be "Key Club Week" in the City of Renton and encouraging all citizens to to 9, 2007 join in honoring local Key Club members who are preparing themselves to be better, more responsible citizens as they provide meaningful service to the community. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Lindbergh High School Key Club President Alaska McGann, Renton High School Key Club President Dustin Dacuan, and Renton Kiwanis Club President Roxanne Hanson accepted the proclamation with appreciation. Renton Eagle Day-November A proclamation by Mayor Keolker was read declaring November 17, 2007, to 17,2007 be "Renton Eagle Day" in the City of Renton and encouraging all citizens to join in this special observance, as the Renton Eagles is celebrating its 100th anniversary and inspires its members to serve the community with a motto of "People Helping People." MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. Renton Eagles Trustee Rod Stewart and Renton Eagles Worthy Manager and Secretary Terry Francis accepted the proclamation with appreciation. SPECIAL PRESENTATION Mayor Keolker presented her proposed City of Renton 2008 Budget to Renton AJLS: Mayor's Presentation of citizens and members of the City Council. She indicated that the budget 2008 Budget message, "Building for the Future," realizes the City's vision, reflects the policy direction of the Council, and strengthens the foundation of the City. Stating that the proposed 2008 Budget totals $223,702,220, Mayor Keolker pointed out that$63,351,567 represents the capital budgets, $86,747,342 the General Government budget, and $73,603,311 the budget for other operating funds. The 2008 Budget anticipates sales tax revenues to grow by 7.6 percent over the 2007 Budget, and the capital budget includes improvements in transportation, parks, and other enhancements to facilities and utilities. The mak November 5, 2007 Renton City Council Minutes Page 380 budget also proposes eight new positions within General Government and 7.7 positions within Utility Funds. The Mayor reviewed the 2007 accomplishments, noting that Renton's increase in taxable retail sales is expected at over 7 percent by the end of 2007, and its housing stock has increased by 20 percent since 2000. The accomplishments include: The Landing Phase I; the opening of the Small Business Development Center; the completion of the South Lake Washington infrastructure improvements; the opening of Heritage Park; the commencement of construction on the Springbrook Creek Wetland Mitigation Bank; the launching of the Visitor Information and Downtown Assistance pilot program for the Renton Transit Center; and the commencement of the Renton Heart Month campaign. Mayor Keolker reported that if the proposed Benson Hill Communities Annexation is approved, the area will become a part of Renton on 3/1/2008 and add nearly 17,000 new residents. She noted that a separate plan and recommended budget was prepared that proposed adding 91 employees, along with related equipment and materials, for a total cost of$10 million. The additional revenue generated by this area is estimated to be $8.9 million, and the State will help pay for the difference for a period of ten years. The Mayor stressed that the City will maintain existing service levels to current residents. Continuing, Mayor Keolker reviewed proposed changes to public safety, which includes changing the service model and structure of the Fire Department, and implementing a police cadet program. Turning to affordable housing, the Mayor said the budget proposes establishing a fund for affordable housing, and establishing a homebuyer assistance program. Regarding economic development, Mayor Keolker pointed out that the budget includes funds to provide staffing for special events in downtown such as the Farmers Market, and for additional landscaping in the City's rights-of-way. Mayor Keolker reviewed the budget's provisions for basic services and for utilities. She noted the adoption of an increase in utility rates to pay for maintenance, needed capital improvements, and compliance with the federally mandated National Pollutant Discharge Elimination System permit requirements. Mayor Keolker described the new community accountability effort being introduced with the 2008 Budget,known as "Renton Results," which defines the core services that the City provides to meet the needs of the community. In conclusion, she thanked City staff for their efforts, and the community for continuing to offer ideas about how to make Renton even better. Mayor Keolker emphasized that safe neighborhoods and streets,job opportunities and a strong economy, and sound fiscal management are the principal foundations of the City's continued prosperity. PUBLIC HEARING This being the date set and proper notices having been posted and published in Annexation: Marshall,Duvall accordance with local and State laws, Mayor Keolker opened the public hearing Ave NE &NE Sunset Blvd to consider annexation and R-8 zoning of 7.6 acres located adjacent and immediately west of Duvall Ave.NE,just north of the commercial development at the northwest corner of Duvall Ave. NE and NE Sunset Blvd. The western boundary is Anacortes Ave. NE, if extended, and the northern boundary is NE 17th St., if extended (Marshall). Senior Planner Erickson explained that 26 single-family dwellings exist on this unincorporated island area, and public services are currently provided by Fire November 5,2007 Renton City Council Minutes Page 381 District#25, Renton water and sewer, and the Renton School District. Existing King County zoning is R-4 (four dwelling units per gross acre), and the Renton Comprehensive Plan designates the area as Residential Single Family, for which R-8 (eight dwelling units per net acre) zoning is proposed. He pointed out that the Planning Commission reviewed possible commercial zoning along Duvall Ave. NE,but recommended holding off until the widening of the street occurs. Turning to the fiscal impact analysis that assumes 26 existing single-family homes and 17 new single-family homes, Mr. Erickson estimated a deficit of $3,009 at current development and a surplus of$4,429 at full development. The one-time parks acquisition and development cost is estimated at$33,102. He concluded that the annexation proposal is consistent with City policies and Boundary Review Board objectives. Public comment was invited. Charles Grass (Renton) encouraged the City to change the zoning along Duvall Ave. NE to commercial sooner rather than later. There being no further public comment, it was MOVED BY LAW, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL EFFECTUATE THE 7.6-ACRE MARSHALL ANNEXATION AND HOLD FIRST AND SECOND READINGS OF THE ANNEXATION AND R-8 ZONING ORDINANCES ON 11/19/2007. CARRIED. APPEAL Council President Nelson presented a Committee of the Whole report regarding Committee of the Whole the Beclan Place Preliminary Plat appeal. The Committee met on this appeal on Appeal: Beclan Place 10/22/2007. Committee member Terri Briere was not present. The Committee Preliminary Plat, Beck, PP-07- found that there is substantial error in fact and law in the Hearing Examiner's 041 recommendation to the City Council and therefore, the Committee recommended that the Hearing Examiner's recommendation be rejected and instead, Council grant approval of the appellant's request subject to the conditions listed below. The subject property is the Beclan Place Preliminary Plat located at 255 Jericho Ave. NE and Hoquiam Ave. NE. The applicant/appellant, Steve Beck, submitted an application to subdivide this 7.1-acre site into 31 lots for future single-family homes. The property is located in the R-4 zone, but is vested to R-5 standards. In its report to the Hearing Examiner, City staff recommended approval of the plat subject to eight specific conditions, which were set out in its report dated 8/14/2007. Condition No. 5 required the applicant to revise the preliminary plat map "to reflect an alley loaded layout for review and approval" pursuant to City Code 4-7-150(E)(5). On 8/30/2007, the Hearing Examiner held a hearing on this matter and concluded that "This office cannot recommend approval of this plat as currently configured." The Hearing Examiner thus, recommended denial of the Beclan Plan Preliminary Plat application unless the applicant was to submit another application with an alley access. Appellant Beck cited errors of fact and law by the Hearing Examiner. Although the appellant acknowledged the City Code provision's preference for alley- loaded access,he believed that the requirement to place an alley in his subdivision was not feasible for various reasons. These reasons included: an increase in impervious surface area causing additional storm detention needs, increased criminal activity resulting from alleys in residential neighborhoods, additional financial burdens in having to reconfigure and lose available lots and November 5,2007 Renton City Council Minutes Page 382 safety issues resulting from conflicts in turning movements, and likely traffic backup. The Committee's recommendation decision is solely limited to the record, the Hearing Examiner's report, the notice of appeal, and additional submissions by parties per City Code 4-8-110(F)(6). No new or additional testimony or evidence can be considered per City Code 4-8-110(F)(5). Based on the foregoing, the Committee found that a substantial error in fact and law exists in the record. The Committee reached this decision based on all the factors presented by the appellant, in that when taken as a whole and viewed under the totality of the circumstances, the requirement of an alley in the Beclan Plat is not feasible. Furthermore, the Committee found that the Hearing Examiner incorrectly applied what is "feasible" in attempting to interpret what the Council intended in the context of City Code 4-7-150(E)(5). Therefore, the Committee recommended that City Council reject the Hearing Examiner's recommendation to deny the plat, and recommended approval of the plat without the requirement of an alley loaded access. The Committee further recommended that the approval of the plat shall still be subject to conditions No. 1 through 4 and 6 through 8 set forth in the City staffs 8/14/2007 report. Additionally, the Committee recommended that Council refer City Code Section 4-7-150(E)(5) to the proper Committee to re-evaluate the ordinance to determine whether an amendment is necessary to limit the application of this provision to small lot subdivisions,or in the alternative, to recommend alternate changes to the language of this ordinance. MOVED BY NELSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. 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: * City Hall Information Desk Volunteers were recently presented certificates of appreciation at a dinner hosted by City Clerk Division staff. Since the program's establishment in 1984, volunteers have given over 53,000 hours of excellent service to the City. * The second "Ahead of the Curve"job fair for The Landing will be held on November 13 at Renton Technical College. * The Renton Fire Department reminds everyone that working smoke detectors save lives and a malfunctioning smoke detector provides a false sense of security. * The Federal Emergency Management Agency will host a public meeting on the new preliminary floodplain maps on November 8 at City Hall. AUDIENCE COMMENT Inez Petersen (Enumclaw) commented on the need for better maintained Citizen Comment: Petersen- pavement on City streets,and also on the declaration of blight and community Highlands Area renewal discussed last year by the City regarding the Highlands area Redevelopment redevelopment. Councilman Clawson commented on the past consideration of the State Community Renewal Act as an option for the Highlands area redevelopment, noting that Council determined not to proceed with using the Act. He further noted that one of the reasons the Act was considered was to preserve affordable housing in the Highlands area. November 5,2007 Renton City Council Minutes Page 383 Citizen Comment: Wagner- Christopher Wagner(King County), who is a resident of Huntington Heights 2007 Comprehensive Plan Condominium(SE 176th St.) in the Benson Hill Communities Annexation area, Amendments opposed the commercial prezoning of the Village Chapel property located at 17418 108th Way SE (2007 Comprehensive Plan Amendment 2007-M-06). He expressed his fear that the commercial zoning designation will disrupt the peacefulness of the neighborhood, especially if the church sells the property. Listing reasons why the proposed commercial zoning does not meet Comprehensive Plan policy criteria, Mr. Wagner indicated that a Residential Medium Density land use designation is the only appropriate designation for any parcel located on 108th Way SE. Citizen Comment: McOmber- Howard McOmber(Renton) expressed appreciation for the City's help in Highlands Community improving the Highlands area, and commented that he is grateful the declaration Association of blight was not used. Mr. McOmber invited everyone to attend the Highlands Community Association's Emergency Preparedness Workshop, which will be held on November 14 at the Highlands Neighborhood Center. Noting that the Highlands is one of the more vulnerable areas in the City due to the diversity of the residents, he voiced his hope that this workshop is the first of many to come. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilmember Persson, item 9.i. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of October 22, 2007. Council concur. 10/22/2007 Appointment: Municipal Arts Mayor Keolker appointed Dalia Amin to the Municipal Arts Commission Commission (youth position) to fill the unexpired term previously held by Renne Saling (term to expire 12/31/2007). Refer to Community Services Committee. AJLS: Benson Hill Administrative, Judicial and Legal Services Department recommended adoption Communities Annexation, of an ordinance amending the 2007 Budget to recruit, hire, train personnel, and Budget Amend purchase equipment, conditioned upon an affirmative vote for the Benson Hill Communities Annexation on 11/6/2007 and acceptance by City Council. Refer to Committee of the Whole. Court Case: AcuWings, CRT- Complaint filed under 14 CFR Part 16 by AcuWings LLC,represented by Law 07-012 Offices of Douglas N. Owens, with the Federal Aviation Administration for alleged noncompliance with grant assurances, violation of property acquisition terms, and discriminatory leasing conditions. Refer to City Attorney and Insurance Services. Court Case: Pro-Flight Complaint filed under 14 CFR Part 16 by Pro-Flight Aviation, Inc., represented Aviation, CRT-07-013 by Jump Law Group, with the Federal Aviation Administration for alleged economic discriminatory actions and violation of grant assurances. Refer to City Attorney and Insurance Services. Community Services: Community Services Department recommended adoption of an ordinance Maplewood Golf Course Fees increasing the golf course green fees and adding a driving range fee for 2008. Refer to Committee of the Whole. Plat: Honey Brooke West, NE Development Services Division recommended approval of the Honey Brooke 6th St, FP-07-067 West Final Plat(aka Sagecrest); 51 single-family lots on 8.33 acres located in the vicinity of NE 6th St. and Hoquiam Ave. NE. Council concur. (See page 386 for resolution.) November 5, 2007 Renton City Council Minutes Page 384 Annexation: Merritt II, SE Economic Development,Neighborhoods and Strategic Planning Department May Valley Rd& Coal Creek recommended adoption of an ordinance extending the effectuation date of Phase Parkway II of the Merritt II Annexation from 12/31/2007 to 4/30/2008, or 30 days after awarding the contract for road improvements along Duvall Ave. NE, whichever comes first. Council concur. (See page 386 for ordinance.) Legal: Settlement Agreement, Legal Division recommended approval of a settlement agreement with Darwin Darwin Bosteder, CRT-02-005 Bosteder in the amount of$90,000,plus mediation fees,pertaining to an alleged violation of his Fourth Amendment rights. Council concur. Police: Community Police Department recommended approval of an agreement with the Corrections Officer at City Washington State Department of Corrections to allow the placement of a Hall, WA State Corrections Community Corrections Officer at City Hall. Council concur. (See page 386 for resolution.) Transportation: Rainier Ave Transportation Systems Division recommended approval of an agreement with S/S 4th P1 Intersection Washington State Department of Transportation for a $230,000 Pedestrian and Improvements, WSDOT Grant Bicycle Safety Program grant for pedestrian-related improvements at Rainier Ave. S. and S. 4th Pl. Council concur. Transportation: Environmental Transportation Systems Division recommended approval of a contract in the Services, Widener and amount of$250,000 with Widener and Associates for environmental services Associates for transportation projects. Council concur. Transportation: Logan Ave N Transportation Systems Division recommended approval of a contract in the Bike Lane Design, WHPacific amount of$155,000 with WHPacific for design services for the Logan Ave. N. . bike lane project. Council concur. Utility: Final Water Utility Systems Division requested adoption of the final water conservation Conservation Goals goals prior to 1/22/2008 to comply with the State Municipal Water Law (Water Use Efficiency Rule). Refer to Utilities Committee. CAG: 06-152, 2006 Utility Systems Division submitted CAG-06-152,Water Utility 2006 Emergency Power Generation, Emergency Power Generation; and requested approval of the project, Wick Constructors authorization for final pay estimate in the amount of$1,089, commencement of 60-day lien period, and release of retained amount of$104,219.82 to Wick Constructors, Inc., contractor, if all required releases are obtained. Council concur. CAG: 07-107, Maplewood Utility Systems Division submitted CAG-07-107, Maplewood Creek Sediment Creek Sediment 2007 Cleaning Basin 2007 Cleaning and Maintenance; and requested approval of the project, &Maintenance, Clearcreek authorization for final pay estimate in the amount of$9,329.57, commencement Contractors of 60-day lien period, and release of retained amount of$3,704.27 to Clearcreek Contractors, Inc., contractor, if all required releases are obtained. Council concur. CAG: 06-159, Renton Ave S/S Utility Systems Division submitted CAG-06-159, Renton Ave. S./S. 3rd St. 3rd St Storm System Outfall Storm System Outfall Relocation; and requested approval of the project, Relocation, Gary Merlino authorization for final pay estimate in the amount of$7,280.20, commencement Const Co of 60-day lien period, and release of retained amount of$2,749.26 to Gary Merlino Construction Company, Inc., contractor, if all required releases are obtained. Council concur. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 9.i. FOR SEPARATE CONSIDERATION. CARRIED. November 5,2007 Renton City Council Minutes Page 385 Separate Consideration Fire Department requested authorization to fill the Assistant Fire Marshal Item 9.i. position at Step D of the salary range. Fire: Assistant Fire Marshal MOVED BY PERSSON, SECONDED BY LAW, COUNCIL REFER THIS Hire at Step D ITEM TO THE FINANCE COMMITTEE. CARRIED. UNFINISHED BUSINESS Council President Nelson presented a Committee of the Whole report Committee of the Whole recommending concurrence in the staff recommendation to accept the Annexation: Benson Hill negotiated terms of the Benson Hill Communities Annexation interlocal Communities, S 200th St& agreement and authorize the Mayor and City Clerk to execute an interlocal 128th Ave SE agreement with King County. The Committee further recommended that the City Council accept the proposed technical amendments to Section 4.a. of the 10/22/2007 version, clarifying the timing of payment, and incorporate those changes in the City's approved version of the agreement. MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 386 for resolution.) Utilities Committee Utilities Committee Chair Clawson presented a report regarding the request by Utility: Oversizing Conner Homes (John R. "Barney" Skochdopole) for cost reimbursement for Reimbursement for Sanitary oversizing a sanitary sewer lift station. The Committee recommended Sewer Lift Station, Shy Creek concurrence in the staff recommendation to approve the request for oversizing, Plat, Conner Homes utilizing the method of cost reimbursement developed jointly by staff and the developer for the additional work associated with wastewater improvements at the plat of Shy Creek by Conner Homes. The Committee further recommended that staff be authorized to reimburse Conner Homes for actual costs not to exceed the requested $259,944. Costs in excess of the requested amount shall be brought back to Council for its approval. The Committee also recommended that$190,000 from the Stonegate II account be transferred to the Oversizing account to provide sufficient funding for the oversizing request. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation(Aviation) Committee Chair Palmer presented a report regarding Committee the withdrawal of consideration for a corporate jet center at the Renton Airport: Layout Plan Update Municipal Airport. The Committee recommended that the corporate jet center concept be removed from further consideration in the Airport Layout Plan (ALP)because of City Council revisions earlier this year to the Airport Development Policies and because of the pending proposal from The Boeing Company to lease a bigger part of the airport than previously assumed in the ALP. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT.* In response to Councilmember Clawson's inquiry, Councilmember Palmer explained that an Airport Layout Plan has not yet been approved and the consultant will be directed to present new proposals. She stated that business jets at the airport will continue; however, the City will not be looking for a company to build a new business that would feature or try to attract a large number of business jets. *MOTION CARRIED. Finance Committee Finance Committee Chair Persson presented a report recommending approval of Finance: Vouchers Claim Vouchers 265554 - 265982 and one wire transfer totaling$2,880,820.76. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. November 5,2007 Renton City Council Minutes Page 386 Community Services Community Services Committee Chair Corman presented a report Committee recommending concurrence in Mayor Keolker's appointment of Catherine Appointment: Library Board Ploue-Smith for a five-year term(expiring 6/1/2012)to the Library Board. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution#3913 A resolution was read approving the Honey Brooke West Final Plat(aka Plat: Honey Brooke West,NE Sagecrest) consisting of 8.33 acres located in the vicinity of NE 6th St. and 6th St, FP-07-067 Hoquiam Ave. NE. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3914 A resolution was read authorizing the Mayor, or her designee,to enter into an Police: Community interlocal agreement with the Washington State Department of Corrections to Corrections Officer at City provide office space and services for a Community Corrections Officer. Hall, WA State Corrections MOVED BY LAW, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3915 A resolution was read authorizing the Mayor and City Clerk to enter into an Annexation: Benson Hill interlocal agreement between the City of Renton and King County relating to Communities, S 200th St& the annexation of the Benson Hill Communities Annexation area. MOVED BY 128th Ave SE LAW, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 11/19/2007 for second and final reading: Finance: Impact Fees, Issaquah An ordinance was read adopting the 2007 Issaquah School District Capital and Kent School Districts Facilities Plan, adopting the 2007-2008 to 2012-2013 Kent School District Capital Facilities Plan, changing the impact fee collection on behalf of the school districts within the City of Renton from$6,136 per new single-family home to $6,021 per new single-family home in the Issaquah School District, changing the impact fee collection on behalf of the Kent School District from $4,928 per new single-family home to $5,110, and implementing an impact fee of$3,146 per new multi-family unit in the Kent School District. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/19/2007. CARRIED. Annexation: Merritt II, SE An ordinance was read amending Ordinance 5142 by changing the timing for May Valley Rd &Coal Creek effectuating Phase II of the Merritt II Annexation to the City of Renton to Parkway 4/30/2008, or 30 days after awarding the contract for road improvements along Duvall Ave. NE,whichever comes first. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/19/2007. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance#5314 An ordinance was read amending the 2007 Budget by transferring funds in the Utility: Capital Expenditures amount of$3,173,000 from the 2006 year-end fund balance for the purpose of Funding, Budget Amend funding capital expenditures by water, wastewater, and surface water utilities. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. November 5,2007 Renton City Council Minutes Page 387 EXECUTIVE SESSION MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS AND ADJOURNMENT INTO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES TO DISCUSS POSSIBLE LITIGATION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 8:28 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 8:50 p.m. )I Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann November 5, 2007 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING November 5, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COUNCIL WORKSHOP FRI., 11/16 2008 Budget 9 a.m. *7th Floor Conferencing Center* COMMITTEE OF THE WHOLE MON., 11/12 No Meeting (Veterans' Day) (Nelson) MON., 11/19 2008 Budget Deliberations; 5 p.m. 2007 Benson Hill Communities Annexation Conditional Funding COMMUNITY SERVICES MON., 11/19 Dalia Amin Appointment to Municipal (Corman) 4:45 p.m. Arts Commission FINANCE MON., 11/19 Vouchers; (Persson) 4 p.m. Assistant Fire Marshal Hire at Step D PLANNING&DEVELOPMENT THURS., 11/15 CANCELLED (Briere) PUBLIC SAFETY MON., 11/19 Pre-Storm Season (briefing only) (Law) 4:30 p.m. TRANSPORTATION (AVIATION) WED., 11/07 Driveway Widths; (Palmer) 4 p.m. Local and Regional Transportation Issues UTILITIES THURS., 11/15 Final Water Conservation Goals (Clawson) 3 p.m. 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. `Py) Mayor Kathy Keolker acia/vnattovtiW horecw, Key Club, the largest high school service organization, sponsored by Kiwanis International, is observing the week of November 5-9, 2007, as Key Club Week; and W h&rect4; Renton High School and Lindbergh High School key club members are part of an international organization of more than 245,000 students dedicated to working together in service to home, school, and community; to developing leadership potential; and to fostering the development of strong moral character; and W herect ', Key Club members have a positive impact on our community and its citizens by providing hundreds of hours of service; No-w, theme fore; I, Kathy Keolker, Mayor of the City of Renton, do hereby proclaim November 5-9, 2007,to be Key CL -Week/ in the City of Renton, and I encourage all citizens to join me in honoring our local Key Club members, who are preparing themselves to be better, more responsible citizens as they provide meaningful service to our community. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 5th day of November, 2007. c:A104.-L (t** Kathy Kir Mayor of the City of Renton, Washington Rr a� (,;) Gf . � is • RENTON 1055 South Grady Way-Renton,Washington 98057-(425)430-6500/FAX(425)430-6523 AHEAD OF THE CURVE tiERi This nanerrnntains 50%rervcled material 30%cost consumer CITY OF RENTON Mayor Kathy Keolker P r W herect,; the Fraternal Order of Eagles, founded in Seattle on February 6, 1898, is a major force in social reform by raising millions of dollars for those less fortunate and to help find cures for diseases that ail mankind; and W he nett, the Fraternal Order of Eagles has touched every person's life as the force behind the initiation of Mother's Day as a national holiday and the development of laws supporting worker's compensation and Social Security, and prohibiting job discrimination based on age; and Where', the Fraternal Order of Eagles unites in the spirit of liberty, truth,justice, and equality, to enhance quality of human life by lessening the ills and promoting peace, prosperity, gladness, and hope; and W herec ; the Renton Eagles #1722, founded in 1907, will celebrate its 100`h anniversary on November 17, 2007; and Whe.rec ', Renton Eagles is a non-profit service organization that supports multiple charities and community activities; and W herecus; Renton Eagles over the years has made numerous donations to the Renton Police Department, Renton Fire Department, and the Renton Library Fund; and W he re ct a, Renton Eagles inspires its members to serve the community with a motto of "People Helping People"; and No-w, therofo-r'e3 I, Kathy Keolker,Mayor of the City of Renton, do hereby proclaim November 17, 2007, to be i e to- v EctAg& Vay in the City of Renton, and I encourage all citizens to join me in this special observance. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 5th day of November, 2007. i Nisei Kathy K lker It+ 4 Mayor of the City of Renton, Washington 7 - '�� 1055 South Grady Way-Renton,Washington 98057-(425)430-65',� - 523 . TON ��'' AHEAD OF THE CURVE Thicnannr rnntainc 5f1%rervrlari material 3f1°/nnc'rn i ar .., J A :411t1;71, _....„.. .. ....., 14, . i . , let ,,N_ 41''' :. v..... --- Building For the Future . ,..... * ''''''' ' City of Renton PI ' 'i • 4, the Future 2008 Preliminary Budget itowl-4 Mayor Kathy Keolker November 5,2007 RENTON * Renton Cit Council Bet <limier, We are being ntoedtic5teh dBe!s Vo 11*-tii. 'ft .B.0: ., .,:.;,,.t.is • SeattlePNeighborhood zbi in e .„44........ r , pe 4 ,!, . ,... .. . RENTON ,,, , Liimr.,:.•,:m--„f.r.,„,•.:tv RENTON * Center o Opportunity • • 1 f T(- )N ,„,R , - . ,.i.••. 'r -.11Pi,,‘I'• our • • •••••%• •..::::•,••-.,..........---z,•-•:-..„ alizes :, ::. :„?:, '',.',F4'.-...'.••;',.•:-......-':::;'.--'-'::...-. •-• ,,.' •'• .. . ' . . i : '' ..„,...;- ‘,';','."-!,..-.!,.. dget re of 1 ,--• •-• -:•-•,--:----- - • Bu "center 1 ....;:.'.'Z,.,!:. ,...:7,,".....- -•,,itt4. 4,-.-... •:. -, . .,..,:. •...1 1 1•..,' . 4 i:' :10.i?:::r• 4'6' vision— - the 1 ,:....." .. .• tr.';',1',--,..:•-- nity in ....-.••>••••••..0,...1,-:!.....,..,...f.y;"......,...=,,, oPP°11,uQ, hd , 14: ' ' ' I ' ! , ' -' ! ! ,-.! !!!!,......- pugs,--u i ,.•,•:••,,,,:" -:.,...r"—al-Y':'.?.;.:,,,,::„'-,,t...,,,...,1 ''':'''''''''''''' ' ''''Y Future : Region where I ..,,,,.;•;5'i'.75':17'Eii 7;,-;;-:*•:,q--.".-:?:-..-:.I F, :..,,,,, „ t :„...,: ..., .......__,_. .... B ,_, •... .-,• , :.- -t. and ,.= families q thrive ',. Fs-7,1'7,- :7,,....:;•'..,-.;'''...,'.' 'f..,:::••••;-businesses thrive" bus ' , - !!. --'-'.:11!1;1•-:- •'':. ;•!..'':.'''-'''''','t „,v'''';''''Ii-.0.Y-; ". ..-,•:" 71-1!'"'!' '1:7 '''ef';L' "i.',.i.l.',1ArY....Y'''-i'i '''.1. d ' ..‘ ','-',7''''''.'::-.;.--i: i 'f•' ..,:liif-. ;:,,i-iii,,..;,50.; • ....,.. .: .„---7-77-ii..1_,- • '!-- , -,- • ,..., . :•-,-1...,,,,,i.:.,...-,_:_•--- ,„,,,"...,......,....• . ...,.,,...... 4, --- '1 $i.- . ,,,,.., .;.4.e.„0,00.,,,t--..,... ,.,.,., .fli.,. .-. ... ...Ir., ....,,,.:.,.. !„-.(.4,40 „....,......, -.4 likt:, .•y.; •,, nnil Diri,4-r1-..,-'1!`,-- -' '. I 11%," :,•••A' '. ' 1 ,m,,,,, 1 . . . III...-. :.:2.ki• ,. , ' ,•.--'.'..11'.' ..i', '. .:: i.- l'.14.:1..:1Ww-4i'i 's' 111Y41 ' . ': '."1.?:,,,Ar.Lt:. ?Ilk,,,,y.'' k„, .„.4r....,5'!::; r*:•:',., ., k irlitoomoi .4:'''' .,,.4f'..1-.'!t'.•' '''''...4.:*,•,. ' .4?.:4?-r*;1— : • . i'-- \' I ...:—.', ,.....4ii....,.,..7.;,,,,,,;!il.t..5.1,.... - ' '',-:::,..,, . , v.:n.:;:,;;;/*•+•Aitt*.,,' \li , ' .:.'...:',,..::„.4.-,...,,,,I.,,,,H::::..,•:....%,-.!,.:41y.,, ,t,..4..":-..;`,'!!''.... . „ .., _,_ 1 .—.4"-:•,',:..4 .. Center of Puget Sound Region Budget Numbers "Our city sits not only $250 at the intersection of $200 Other 70— the commerce and $73,603 trade in Puget $150 General Sound area but also trk N k:th'''' at the nexus of $100 Gov't $86 747 Renton - innovation, $50 community building • ,,,,,A,,,,,::, ft* la and creative capital" s- Total Budget$223 7 million — -----, ___________, RENTON ..,51 > RENTON 'Rtiww.i, Budget Numbers Budget Numbers Capital Capital General Government Ct her Fends Other $250 Budget Funds 33%728% $200 $74 $70 $150 $100 General $50 tc:: ,; G%-,,'i Gov't 39% minions 9008 2007 $224 million $211 mIlton *-r , Total Budget$223.7 million _ „. RENTON RENTON r, -‘5- – --,, ..4.1. 11 1 ' • . . • .,..eit 41/44.ri scorrt - 435, Forging Ahead Forging Ahead ...,,,,..,..,, • At least 7% , .., ; --. - - increase in retail sales by ,,A :',14.. ,:41-1,' ', ,. . 2i Housing nOc°/roeassi necdse t bo2ye0k0 0 't,..e;''':A•1-. ',I" '''".'.''- ,,Iiii 1 r the end of l' ' ; .:2...'il. ,,,.. '-',,,%,-,-,,iii,4,.' • 2007 `iitEA,-;',,, 1 '''•[', ',.•‘"—,i FA ''''' ,' ;17'.•.'• .:•,_14` ; ; ' • '* ' , I''•''mil i .,,,...,......." , • ' •Ibr , .... RN .:. ... .•„,.. »,ii .:,,,,g,.i,t:;:::'21 . '‘- • ' ' '''... ' ''''. 4-'•,... twliol,' ' ' ' • -- _,- . ,-- - - ';444tt ,...._., , ''', -`1 ',4.7:'' - ''' ' '''.'' ..i:(4.4Ati.N...• ' ''- ' ' •, ---.--------- '', 11-44.4°(° ' , #411v.i,i.:*.;i:.•.- - , .r ' ' • ; - r ' , '11111 I *'- '...• .'111111'.;-r.:,,..„.,, ,., , „..._ .,...,.,. • - t 10/26/2007 • ;. • - Economic Development Seahawks • Small Business St& Development Center {. • Harley Davidson r sfi , • Providence Health PROVIDENCE � -o i:. a -.1., Systems Health&Services r � � ,,"" atIlFPARALLELSo R'" ,_ ARIEY-DAVIDSON!, NN RFTCy® ,, RENTON tiT ` t s ..i., ..;...-:-,,,i. ..._—_,,,,--:-.ii....---fullos i , ,,,r ,.,„..,„ li,,,7:1,111111. :1 1.. . ii. ,. ,....-7.,,,, 1114fti r. 44, : I, ,, ,, i :,,,.- 1 _ , . ,. ...1,.,,' dd . 4 Federal Reserve Federal Reserve °5 1,1' p" rf .: I y^ ,. 1I •,,,,,,,,,,,,,,,,- , S:u}s-d&3..anc Y�s13_4�uta53''� �e.'xti.2h%aSJaY,�.SL7Lnua Ciyays..w- • Con tom Conner Horn- - �. ' rli.' ' -'_iiiit, ass' f z d I AR ; 9ri �4 r �-it,' ` a � P a • ,.,... Infrastructure '" ki,i. \;,, ,,,,,,,, ,,....,,,i „,„.s. $411,...4 .•- .>',. .... . ' s2p 1 1 i :,,,,,..,,.. , vomit 1....,-4, ..",,,,r',,,,,,*,.4'..`11 00'. mg 21 .,.., :*.r,,,,t . r •• • $25 million of '''. ' t -3r, •i' . . • -.. 4; ,1:•,F;3*,,"7. 1 I t/.tg, t3,, 'i ' ''''"*t.'.1..,..1.1.,..•.4,.....-17.*,,,,1-1,!. '...., construction 1,..,, , , 1 • -' ) ii. f ..1 ....'...-, -.--7 '" improvements at , ,r 1.; ,' *-1.•*1';i''' ..r ' — •ItZi-' ; 1 • --- -- - . The Landing j , it,,,,,,, Largest public works • project in Renton's . ; history ‘• . ,.• 4i Railroad Bridges . , .... , ..,,, RENT01•1 'e)•,_,-,-"co $300 million - 1-405 projects Community Services • Parks—Heritage, Tiffany,Teasdale, a Kiwanis 4 i i� �x Y y National Accreditation . "' ;i _ : Urban Fores:t0w ` � Assessment ,` • Springbrook � Wetland Mitigation _ r � �� ,&•.• Bank :.5:,, ���. • Master Plan s 'Ci), RFNTON RENTON RF.NTON :t '' ii . £ � " +� d � r r { y ' ate n r > s� ' ;: ..rte � � a. t.i a... C e A y.,,,,,,,„. .,,,t,..... .,, ,,,,... ,_,.,<-+ T .`^ `" �f f „I' / pJ r ,,,.„ s\ T:,,/ i'l. --.__ _, ial' I ys, x �. �.. _' •'rte' R c E is Citi nu r p Pi". f'''"/P l t' 'E • yg{ y� � 1 7 1 „` s • :7i,C0 • 4 .. - .. , ,,,,44 , „f„t,,. .-, E ' iii . . ..,..., 1 , }72C,`. i�LVr ..'a wr4 ((y1`;;;),i';',.,<' a , , 1 ,, t �� lc, dl FtENCE IN '` .. �, � --.-. COMMUNt00 EVERYGA VIDA RENTON Visitor One Night Count Homelessness Year Plan to End Ten Yea •-. ':1 ,=1,-,nil kip,,,i— ,. Information.,, c:°77:..,77111'':5::ance ;:,..;';',!:11.Y.,,N.,,s',:, • ',',a7.....,,:.,,,,",-,.,,,,v,:l. ti) •-,r+6 . 4RR E NT ON, RENTON • rm e Plan Reiton Hea onth , '.. 1...1 .„, "We will la. Add 0„i-'." e!) ;1 •* --7---'',-..:-.7:'4, •°.-- - . , , .:*,- - ,.-- 1 -- .=. -1.-. 7, , ' ' e els ourcurrent ,„:,‘,..,.... -..i,,,„ 17, 2,. ....' 1 .1) ' .... • .4 110 ' • . :::,1, : -..:..5. t , .-t,,,:....: . ,,--,f, ,f.: -,,-I•t,.,,-,-2-.',. ::.-,':?, residentslvldexisting etotsm heearvC andsamein i.ci et yin o f8:0S,e0p0a:::01at,:rn.-,Pl'.1:::11-,1:-.‘. provide the •'::•.•':.•'F',7,.' ..-'*akt..„,. '' A•4.. g554 '' ''',....._ ,f'.1 ' A .. ...# :'' • '- '.., . „., ,1,.. --,-7.---. . .. , ..,. „ ,--. ,.,•,, , -,::,...--7, .,,, -4,.Z, .:::-4'.'t, 4, , • ... - ' L. stw , .,,, ,..... :,:, .... -.. ,:,,,,..,,,,,,.. -..,,,t'•,6 , po . # • . *4-• ' 1 II 4;ti;,• r ,-t••• ,N,0 Bsleeevrvneslicooenf teHox/colleuflarlemnneityyw„ a-. Public Safet t • Fire&Emergency ' � a°` ;> y" r �;�� ,1� �r Services �a it 1! Department—add four firefighters and a change model 1; • ( II s ; Ii t, + R k 3 � l 9' 3 T' • Public Safety Affordable Housing • Invest in a police cadet program "Lack of affordable 2, • Add staff for photo housing no forager enforcement limited to those with program . � •�a " iowincome and • £ '44 4 i i withoutjabs..." fs .�:� • Increase city .. r.r prosecutors and = r public defense budget ORENTON ;O%. RENTOR it.,-„,?...,.......„...R,- ., 0001--:.7„1----•-:;1., ,, -,., . ..' , .' ::,,...-*-"''''' ',..1- :'.1• i•t4t -. ik'..-rt--''i.- i Li -s 4.7-P, iit-'-. gi•..ii "'— 3. Cint„,14.titii.: ,""* t,'"-!.... i.,' i sti j i,'‘. 1 i'. ••••••.i.i...'7,.'2....._.,::'; t'' . '1717.--- ;..c':',-- — . ,.., . , ,,..-1 ilifrk:;.,.. ?A''ii.i* 4 __-f,tp „ ,,,'''-- --'4.-100,,,, '.''''''''..;.''.:.-. 4, ,,,'''''':-7't.,7-7-17--!.';, ; '1,:'1... ''''''''''.'-';'-':: ..'.!,.. 4.•,'"+;,:i Off"''''-7 i It.' • 'i .i . t 4 i,,____.....,........... " ... .... _ .... . • - . ... . . , illtroliiii10017",,,.. - ,:.:?*-',...,,,,-.4.,•....-' , •.... .,, .. .... Farmers Market •DSemvaell Bouspinmeses nt 1 1 6'.,. ": .,,,,,',„:-'t', .l-',,' ,,,,,,,,,•,;-)i-,,, Development Center ' t,'• 4M-'—'.-:— :II ',.'. , IF:E-:'‘ - , . - itih.. ,_. '''', ,,',„ , t:',,.„.! ' . • Farmers Market lt,„ ',..11:1. 'Ic I li '.,Z.:.: -- --...-:-"g-t:t-4_ It:1''':'',' " il • * 1.!.''t•lti". ',.,*-7.- ''.-Z-'..a7..-..,_ -*.t;s'+''';`,:". k )''.'''1: '''',," .4) l' ' , Business Manager .,a!‘" '; •:,- .'"Cl•li 14' .- '1 ' '' : * ;".1'4' '' P .60,111[11/11‘.IOILF5t ''tick .1 41111111116.' ,' 1111' : .. A.•. - -111, , , .4 4-,* ,. . , •. • . :: , • /1.,..til,„1,,, . , ......... , ......-. Basic Services Utilities • Maintenance • 4 additional staff to Worker maintain our • Community Center * systems Staff • 3.7 additional staff • Custodial Staff to meet the NPDES F f • Yv...cK requirements f:. RENTON r - • ton ' - u I is i�ii�� �: � ..� � •1 ��� Safety& Health ' "Join me not only in imagining, but also building this great future together" n aF • RENTON ;O;' RENTON ( Y � � N MARSHALL ANNEXATION PUBLIC HEARING Second Public Hearing on Zoning and Possible Approval of Effectuation Ordinances November 5, 2007 The City is now in receipt of the Closing Letter from the Boundary Review Board for this small annexation. The BRB completed its review and approved this annexation on September 26, 2007. Council first considered this annexation on November 16, 2006 when it held a public meeting with the annexation proponents and agreed to allow circulation of the 60% Direct Petition. After this petition was submitted and certified by King County in April of this last year, Council held its first pubic hearing on June 18, 2007. At this hearing it accepted the 60% Direct Petition and considered future zoning for the subject site. Tonight's public hearing will be the second on future zoning if the Council decides to go ahead No"' and bring this annexation into the City. Staff has recommended R-8 zoning consistent with the current Residential Single Family land use designation. The site currently has King County R-4 zoning, which allows up to six units per gross acre. R-8 zoning will allow densities greater than what have been allowed under King County zoning. The 7.6-acre annexation site is surrounded completely by the City and is located adjacent and immediately west of Duvall Avenue NE, just north of the commercial development at the northwest corner of Duvall Avenue NE and NE Sunset Boulevard. Its western boundary is Anacortes Avenue NE, if extended, and its northern boundary is NE 17th Street, if extended. Council is being asked at tonight's public hearing to approve R-8 zoning for the non-street portions of the subject site and bring it into the City at this time since all legal requirements appear to have been met. Council is being asked to hold the first reading of the annexation effectuation ordinance as well as that of the R-8 zoning ordinance. If approved, both ordinances will become effective 30-days after their publication. Public Hearing Handout 11-05-07.doc\ /�_ I ry_, 1 � r.L ; t_ .a . 1J , 1 i L __ :_ " - rl ly • r _ ..,..\ — _> ( 9.. i - ' ..- .:: rte �'T t — I—; tyjt. x. I ( � 'f ,Is, 1,, IN\,....„ .: i I . ` I — 1 • K: ,i f�.�fr Jar t __ ;) c..?, I I, r ;; ' 1 • r f of Proposed Marshall Annexation. _. on 0 800 1600 1. Vicinity Map V I�.a:rn:f�:h'•ci„I"::n:o1 `�cf�lri:•nL,'.•',.t>ntn,�t:'Lnrswiy _ rr� 60o __—. ._ #11 .( ',I..N..1.,.. ,.dr„„..f:.t,, ——— City Limits t N. ..x Study Area Public Hearing Handout 11-05-07.doc\ '. - .. 4 Marshall Annexation wirt. . i x< Public Hearing to Consider ��� � Potential Future Zoning and ' Annexation Effectuation ',./.4,'"••41:41v-. '' .„ Vs.* November 5,2007 1 '( ,Merritt II(Pse II) 52 acha .-.4 r--a j^;esaa^k Background 71 f;_ ) • Originally submitted in August 2006 r—LMiixali l L'�I • Public meeting with proponents in October 2006 r—,f-it. 9 Pzc ;�- i `--- -Council authorizes circulation of 60%Direct Petition 1--- Liberty I— • 60%Direct Petition submitted in March 2007 `\ --.'S 1-,692 ac^ New Life Chinen— -Petition certified by King County Assessor on April .Aqua Sam (e 19.20j07 coit 2,i - 7'" `'- •-First-of two required public hearings on possible 1 future zoning held on June 18,2007 K„ L L4379ncies 51 !243]9 ay-_ Background, continued Existing Conditions • Council must decide: • PAA-Within Renton's Potential Annexation Area -Whether it wishes to accept this annexation • Location-Northeast of the intersection of Duvall now that the BRB has approved it, Avenue NE and Sunset Blvd.NE —If it decides to annex the 7.6-acre site,whether • Size-+7.6 acres,including interior public and it wishes to hold the first and second reading of private streets the annexation effectuation ordinance November 19th,2007,and • Current Uses-26 single-family dwellings —Whether it wishes to hold the first and second • Boundaries-Surrounded by the City on all of its reading of the zoning ordinance rezoning it R-8 four sides with Duvall Ave NE on its east and SE also on November 19th,2007 106th St,if extended on its north 1 Existing Conditions - Vicinity Existing Conditions t_ , is •Site is west of - -Lel'"'i i •Currently 26 single- a �.r' i ,'.1 y `• Duvall Avenue NE family dwellings `_ k*s- and north of NE �' on site Sunset Blvd. ^ •Site has been an _ ` ,r, �""``Ar ` i` '1''' unincorporated island :7''::\ � � :::'1''''':.:--_1.7"11-7-,i " ir rig ., since mid-1970sI. , „ ' � SITE c, „'.r,' Vicinity Map Structures Map 1 F J' Existing Conditions -Public Services i ^ • Fire-Fire District 25 ' ==` ' ;' changes to City service . • Utilities(no change) =m � —Within Renton Water r Service Area..:1,,:4,i � —Within Renton Sewer a lit' Service Area -m • Schools ;' :, —Within Renton School4,‘,...-"-'1n` i m District(no change) View looking west along SE 107 Place showing typical b ) „ c ti. A, single-family housing along north side of street County Comp Plan Land Use Renton Comp Plan Designation Designation and Current Zoning and Probable Future Zoning K.C.Land Use Map- 1 -.-_±!,_;t 'c- Existing Comp Plan Land Urban Residential _ Use Designation = 4-12du/acre(gross) R-4 = —RS,Residential .a ' 0 i i r PI Single-family K.C.Zoning- -___ _. —Planning Commission I x , looked at possible _ < R-4, Residential 4 du/ac commercial along ^t. (gross) '''1 f,_ Duvall Ave but felt it °';';‘,4::..,,,2,," >S RMDMDyt� was untimely , . 0.• i -- "' ' r d Suggested Zoning :"�`�. , �`+ r, —R-8. 8 du/acre(net) ao County Zoning Map Renton Zoning SITE 2 Fiscal Impact Analysis Fiscal Impact Analysis • General Fund cost and revenue implications —Assumes 26 existing single-family homes with average assessed value of$255,450 —Assumes long-term potential of 17 new single-family homes with average assessed value of$450,000 Estimated one-time Parks Acquisition and Development Cost of$33,102 Conclusion Recommendation: Preliminary analysis indicates: The Administration recommends that Council: • Proposal is consistent with City's Comp Plan • Effectuate the 7.6-acre Marshall Annexation now annexation policies that the BRB has approved it, • Boundary Review Board found annexation generally consistent with their objectives • Hold the first and second reading of the ordinance • R-8 zonin would be consistent with current effectuating this annexation on November 19,2007, Comp Plan RS land use designation and • Minor revenue deficit for foreseeable future • Hold the first and second reading reading of the ordinance rezoning the none street portions of the • Except for streets and water,no major service 7.6-acre annexation site R-8,also on November 19, issues identified 2007 • • 3 Ar'�POVD�D BY CETI Y( C3111�1C L COMMITTEE OF THE WHOLE Date //-5- MO T COMMITTEE REPORT November 5,2007 BECLA,N,PLACE PRELIMINARY..PLAT APPEAL . File No. WA-074)41 PP, ECF (Referred October. 1, 2007) The Committee of the Whole("Committee") met on this appeal on Monday, October 22, 2007. Committee member Terri Briere was not present. The Committee finds that there is substantial error in fact and law in the Hearing Examiner's recommendation to the City Council and therefore,this Committee recommends that the Hearing Examiner's recommendation be rejected and instead,the Council grant approval of the Appellant's request subject to the conditions listed below. The subject property is the Beclan Place Preliminary Plat located at 255 Jericho Avenue NE and Hoquiam Avenue NE. The Applicant/Appellant, Steve Beck submitted an application to subdivide this 7.1 acre site into 31 lots for future single-family homes. The property is located in the R-4 zone,but is vested to R-5 standards. In its report to the Hearing Examiner, the City staff recommended approval of the plat subject to eight(8) specific conditions,which were set out in its report dated August 14, 2007. Condition#5 required Applicant to revise the preliminary plat map"to reflect an alley loaded layout for review and approval"pursuant to RMC 4-7-150(E)(5). On August 30, 2007,the Hearing Examiner held a hearing in this matter and concluded,"This office cannot recommend approval of this plat as currently configured." The Hearing Examiner thus, recommended denial,,t° e Beclan Place Preliminary Plat application unless the applicant was to submit another application with an alley access. Appellant Beck cited errors of fact and law by the Hearing Examiner. Although Appellant acknowledged the code provision's preference for alley-loaded access,he believed that the requirement to place an alley in his subdivision was not feasible for various reasons. These reasons included: an increase in impervious surface area causing additional storm detention needs, increased criminal activity resulting from alleys in residential neighborhoods, additional financial burdens in having to reconfigure and lose available lots and safety issues resulting from conflicts in turning movements, and likely traffic backup. This Committee's recommendation decision is solely limited to the record, the Hearing Examiner's report,the notice of appeal and additional submissions by parties. (RMC 4- 8-110F(6)). No new or additional testimony or evidence can be considered. (RMC 4-8- 110(F)(5)) Based on the foregoing,this Committee finds that a substantial error in fact and law exists in the record. Committee of the Whole Report Page 2 This Committee reaches this decision based on all the factors presented by the Appellant, in that when taken as a whole and viewed under the totality of the circumstances, the requirement of an alley in the Beclan Plat is not feasible. Furthermore, this Committee finds that the Hearing Examiner incorrectly applied what is"feasible" in attempting to interpret what the Council intended in the context of RMC 4-7-150(E)(5). Therefore, this Committee recommends that the City Council reject the Hearing Examiner's recommendation to deny the Plat, and recommend approval of the plat without the requirement of an alley loaded access. This Committee further recommends that the approval of the Plat shall still be subject to the conditions#1 through 4 and 6 through 8 set forth in the City staff's August 14, 2007 report. Additionally,this Committee recommends that the Council refer RMC 4-7-150(E)(5) should be referred to the proper Committee to re-evaluate the ordinance to determine whether an amendment is necessary to limit the application of this provision to small lot subdivisions,or in the alternative to recommend alternate changes to the language of this ordinance. Toni Nelson,Council " .'dent C: Gregg Zimmerman Neil Watts Fred Ka uf'nMa n C_) -1(°( O� ADMINISTRATIVE, JUDICIAL, AND ;� ® LEGAL SERVICES DEPARTMENT • 1'�N�O MEMORANDUM DATE: November 5, 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: GENERAL INFORMATION • Next time you're at the Downtown Transit Center, say hello to the new "eyes and ears" of downtown. Starting today (November 5), the City of Renton will launch VIDA, the Visitor Information and Downtown Assistance program in the Downtown Transit Center. Two uniformed security officers will patrol the Center on foot and bicycle six days a week to provide visitors, businesses, and the general public with information about downtown, patrol and monitor the area around the Renton Transit Center, observe and report incidents or suspicious activities, and respond to emergencies. The program is part of Renton's approach to address concerns about safety and security at the Renton Transit Center. The City will decide after three months whether to continue funding for the program. ADMINISTRATIVE, JUDICIAL, & LEGAL SERVICES DEPARTMENT • City Hall Information Desk volunteers were recently presented certificates of appreciation at a dinner hosted by City Clerk Division staff Since the program's establishment in 1984, volunteers have given over 53,000 hours of excellent service to the City. COMMUNITY SERVICES DEPARTMENT • Bob Bridge Toyota has donated $750 to the City of Renton Scholarship Program to be used to fund various fall and winter recreation programs for low-income children, families, and seniors. Supportive organizations like Bob Bridge Toyota are making a difference in the lives of Renton families. ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING DEPARTMENT • The second "Ahead of the Curve"job fair for The Landing will be held on Tuesday, November 13, from 2:00 to 7:00 p.m. at Renton Technical College, 3000 NE 4th Street, Roberts Campus Center, Building I Foyer. Representatives from Lowe's, Staples, and Target (retailers coming to The Landing) as well as Fairfield Residential (which is building 880 apartment units at The Landing) will be hiring for both short-term holiday positions and long-term career opportunities. The "Ahead of the Curve" Landing Job Fair is sponsored by the City of Renton, Renton Chamber of Commerce, Renton Technical College, Renton School District, Puget Sound Training Center, Washington State University-Extension, BuRSST, and WorkSource Renton. For more information, call WorkSource Renton at 206-205-3500 or visit www.wsrenton.org. Administrative Report November 5,2007 Page 2 FIRE DEPARTMENT • The Renton Fire Department reminds everyone that working smoke detectors save lives and a malfunctioning smoke detector provides a false sense of security. If you did not change your smoke detector batteries when you set your clock back, please do so tonight. For more information on smoke detectors, please consult the City's website at www.rentonwa.gov and look in the fire department section under the emergencies tab. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • The City of Renton Transportation Systems Division will hold an open house at Hazen High School (1101 Hoquiam Avenue NE, Renton) on Wednesday, November 7 from 6:30 to 8:30 p.m. to provide information to interested parties and respond to questions about the construction of the Duvall Avenue NE and Coal Creek Parkway SE project. The Duvall Avenue NE/Coal Creek Parkway SE Reconstruction Project will improve traffic flow and safety along this roadway between the newly reconstructed intersection with NE Sunset Boulevard to the SE 95th Way intersection. The project is scheduled to be advertised for construction in December, 2007. To facilitate construction, it is proposed to close this section of Duvall Avenue and Coal Creek Parkway for the duration of the construction project, and to establish detour routes using Union Avenue NE and 148th Avenue SE. • FEMA will host a public meeting on the new preliminary floodplain maps this Thursday, November 8 from 6 to 8 p.m. in the Council Chambers at City Hall. Representatives from FEMA, King County, and the City of Renton will be present to discuss the study, the new maps, and their effects on local properties and development. • The City of Renton's Solid Waste Utility invites residents to attend two free Natural Yard Care workshops at the Renton Highlands Community Center. "Beautify that Boulevard: Inexpensive Steps to a Striking Strip!" will be offered Thursday, November 8 from 6:30 p.m. to 8:00 p.m. and "Gardening with Native Plants" will be offered Thursday, November 15 from 6:30 p.m. to 8:00 p.m. Presentations by Master Gardeners with a focus on reducing yard waste and maintenance. Contact Spencer Orman at 425-430-7396 for more information. • The City has received notification from King County regarding a weekend closure of the Factoria Solid Waste Transfer Station on Friday, November 16 through Sunday, November 18. The station will reopen on its regular schedule at 6:15 a.m. on Monday, November 19. During the closure, some stations will be busier than usual. A Solid Waste Division attendant at Factoria will provide directions to the Renton Transfer Station as an option. CITY OF RENTON COUNCIL AGENDA BILL AI#. cia 60 Submitting Data: For Agenda of: November 5, 2007 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Kathy Keolker, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Municipal Arts Commission Appointment: Ordinance Ms. Dalia Amin Resolution Old Business Exhibits: New Business Study Sessions Community Service Youth Application Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment iL Amount Budgeted Revenue Generated Nor Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Keolker appoints the following to the Municipal Arts Commission for an unexpired term, expiring on December 31, 2007 (previously held by Renne Saling): Ms. Dalia Amin, 10706 SE 184th Lane, Renton, WA 98055 (youth position—3-year term) STAFF RECOMMENDATION: Confirm Mayor Keolker's appointment of Ms. Dalia Amin to the Municipal Arts Commission. Rentonettagnbillt bh ED CITY OF RENTON F APPLICATION FOR COMMUNITY SERVICE MAY 1 8 2001 YOUTH APPLICATION opFicE If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees, please return completed form to: Office of the Mayor 1055 S. Grady Way Renton, WA 98055 Check the boards/commissions/committees in which you are interested: ❑ Human Services Advisory Committee* ❑ Library Board* Municipal Arts Commission ❑ Parks Commission* ❑ Advisory Commission on Diversity* *Must be City resident to serve on this board/commission/committee Date: 0 5 ' lc- 007 MR. ❑ MS. ® a NAME 1) l i a A wu n ADDRESS l 010 Co SE t 8 re" U 1 CITY (ZQ ht0 h ,\A/Ps ZIP CODE 955- __ PHONE: HOME(425 ) off&, - 3 cELL(d06) 65 ( - 33.3a EMAIL &A1 i a awl t? K.UrC C) l G h 00. COrn SCHOOL A FIENDING L M be r g hg h School CURRENT GRADE LEVEL tleveflll c1 zWe CAN ATTEND: DAY MEETINGS? YES NIGHT MEETINGS? `f Briefly list aspects of your experience that you believe qualify you for this advisory board/commission/committee and why you are interested in serving: I have a passion for leadership and I take an active role as both a member and an officer in a diverse group of organizations.Leadership is also a quality where I can advance and demonstrate fearlessly.Many people believe in me and have immense confidence in my decision-making,which leads me to strive for key positions in many organizations. I view community service as an altruistic act to better the lives of others and to benefit society,and I know that if I continue to participate,I can achieve something for the world.Community service is often seen as a way to get credits or to embellish college applications and resumes.But for me, serving the community is not only to help my local community, but also a way to better the lives of others and encourage the youth to participate in this effort.When I have free time from schoolwork,I devote my time to those who need my help,to those who are less fortunate,and to those who are in need of financial support.This is very important to me and it describes my definition of community service. Please refer to my resume for my summary of qualifications and achievements.Thank you! Youth members must be 15 to 20 years old. Regular attendance at scheduled board/commission/committee meetings is expected of all members. Youth members are 'tome responsible for transportation to and from meetings. cc ! / rf?. Dalia Amin 10706 SE 18414 L Renton, WA 986104 (425) 226-3326 Obiective:To obtain a position on the Renton City Youth Board,as a Municipal Arts Commission,for a time amount of three years. Education: Junior,Grade Point Average:3.75 Lindbergh High School 16426 128th Ave Renton,WA Summary of Qualifications: Skills and Abilities: • Responsible/Organized • Good Communicator • Committed • Detail-Oriented • Team Player • Goal Oriented • Problem-Solver Language Abilities: • Kurdish • Hindi(Urdu) • Persian • English ■ French(currently learning) School Activities: • Honor student with AP classes (2004-2007) • Key Club officer(Executive Board Assistant) (2004-2007) • International Club officer(President) (2004-2007) 'Ned • DECA officer (President) (2005-2007) • Link Crew Leader (2006-2007) • FBLA(Future Business Leaders of America) (2005-2007) Community/Employment Activities: • Ambassador for Washington State(Kurdish Community) (2006-2007) * [Abdul Shamdeen(206)779-7184] • Team Leader at Kurdish Human Rights Watch Center(2003-2007) * [Ali Qadir(253)520-8441] • Founder of "Family Care"—organization helping foreign families(2002-2006) *[(425)226-3326] • School Store Manager at Lindbergh High School (2005-2007) * [Yetta Rouse(425)204-3236] • Express Wholesale Manager-Family Business (2006-2007) * [Rahim Amin(206 931-1912] Interests: • Art/Pottery • Fundraising for family run orphanage in Kurdistan(currently supporting 4 orphans)Non-profit organization. ■ Writing for the International Newspaper,"The Kurdish Globe" ■ Interest in history/Science and Medicine • Enjoy Politics Awards Received: • DECA 9th place Area winner-Jan 2006 • DECA 1'place International winner-Apr 2006 • DECA 7th place Area winner-Jan 2007 • DECA Is'place International winner-Apr 2007 • Reflections Program 2"place winner-Dec 2006 • FBLA 1st place Area winner-Jan 2007 • FBLA Top 10 finalist-State-Mar 2007 • Seven times the Student of the Month (2004-2007) ,44004 • Violet Richardson Award-Jun 2006 References Available Upon Request CITY OF RENTON COUNCIL AGENDA BILL IAI#: de CCs Submitting Data: For Agenda of: November 5, 2007 Dept/Div/Board.. AJLS/Mayor's Office Finance &Information Services Staff Contact Marty Wine, Asst CAO (x6526) Agenda Status Mike Bailey, Administrator (x6858) Consent Subject: Public Hearing.. 2007 conditional funding for Benson Hill Communities Correspondence.. Annexation costs Ordinance X Resolution Old Business Exhibits: New Business Ordinance Study Sessions Information Recommended Action: Approvals: Refer to Committee of the Whole Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $553,438 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. 41111.1 SUMMARY OF ACTION: If the Benson Hill Communities Annexation is approved, several departments would need immediate authority to recruit, hire, train personnel, and purchase equipment that requires a longer lead time than 2008 funding and FTE authority would provide. The ordinance is conditional upon an affirmative vote by voters at the November 6, 2007 general election and subsequent acceptance of the annexation by the Renton City Council. STAFF RECOMMENDATION: Approve the ordinance amending the 2007 adopted budget and authorizing the Police, Human Resources/Risk Management, Community Services, and Planning, Building Public Works Department to begin employment and purchasing activities related to the Benson Hill Communities annexation, conditioned on its approval by voters and the Renton City Council. • Rentonnet/agnbill/ bh CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ORDINANCE NO. 5241 RELATING TO THE CITY OF RENTON FISCAL YEAR 2007 ANNUAL BUDGET. WHEREAS, on December 11, 2006 the City Council adopted Ordinance 5241 approving the City of Renton's 2007 Annual Budget; and WHEREAS, the City has requested of King County that an election be held on the question of annexation of the Benson Hill Communities Annexation Area, with the election to be held on November 6, 2007; and WHEREAS, if the vote on the annexation question to be held on November 6, 2007, is affirmative, the City will take action to consider the election results and an effective date on or before March 1, 2008; and WHEREAS, if residents in the Benson Hill Communities approve annexation, the City of Renton would be responsible for providing municipal services to the area; and WHEREAS, an annexation transition and implementation plan estimating the potential one- time and ongoing revenues and costs has been prepared to determine how the city will fund and provide services should annexation be approved; and WHEREAS, the Benson Hill Communities currently generates ongoing tax, fee and other revenue that can be used to fund municipal services should annexation be approved; and WHEREAS, the City anticipates that funding from other governments, including King County and the King County Library System may be available to offset one-time costs related to the annexation; and 1 • ORDINANCE NO. WHEREAS, certain city services require a lead time for recruitment, hiring, training and purchasing that requires 2007 funding and hiring authorization; and WHEREAS, the Police, Human Resources/Risk Management, Community Services, and Planning, Building, Public Works Departments are in need of recruiting, hiring, filling positions and incurring vehicle and equipment costs as soon as possible should the annexation be approved by voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Ordinance No. 5241 establishing the City of Renton's 2007 Annual Budget is hereby amended as follows: 1. The General Fund (Fund 000) is hereby amended to reflect the following appropriation amendments: GENERAL FUND(Fund 000) FY 2007 Original 2007 Budget 2007 Budget Amendment REVENUES New Revenue 53,955,289 0 Use of Prior Year Revenue 401,069 114,199 Revenues 54,356,358 114,199 EXPENDITURES FTE Addition Budget Appropriation 54,356,358 0 Human Resources/Risk Management 1 HR Analyst 7,111 Police Depai Intent 1 Deputy Chief 13,175 Police Department 12 Officers 84,634 Police Department 1 Sergeant 9,279 Expenditures 54,356,358 114,199 2 ORDINANCE NO. 2. The Parks Fund (Fund 001) is hereby amended to reflect the following appropriation amendments: FY 2007 Original 2007 Budget 2007 Budget Amendment REVENUES New Revenue 12,328,390 0 Use of Prior Year Revenue 37,000 20,000 Revenues 12,365,390 20,000 EXPENDITURES FTE Addition Budget Appropriation 12,365,390 0 1 Facilities Community Services Technician 5,897 1 Parks Maintenance Community Services Worker III 5,758 Community Services 1 Secretary II 4,840 I Housing Repair Community Services Coordinator 3,505 Ext enditures 12,365,390 20,000 w 3. The Equipment Repair and Replacement Fund (Fund 501) is hereby amended to reflect the following appropriation amendments: EQUIPMENT REPAIR AND REPLACEMENT FUND(Fund 501) FY 2007 Original 2007 Budget 2007 Budget Amendment REVENUES New Revenue 3,588,900 0 Use of Prior Year Revenue 1,011,059 411,500 Revenues 4,599,959 411,500 EXPENDITURES Budget Appropriation 4,599,959 0 Vehicle Purchases 411,500 Ex i enditures 4 99 959 411 500 3 • ORDINANCE NO. 4. The Information Services Fund (Fund 503) is hereby amended to reflect the following appropriation amendments: INFORMATION SERVICES FUND(Fund 503) FY 2007 Original 2007 Budget 2007 Budget Amendment REVENUES New Revenue 3,643,191 0 Use of Prior Year Revenue 434 7,739 Revenues 3,643,625 7,739 EXPENDITURES FTE Addition Budget Appropriation 3,643,625 0 1 Senior Network Finance and Information Services Specialist 7,739 Exienditures 3 643 625 7 739 SECTION II. A list of all individual budget adjustments and descriptions are hereby attached as Attachment A, and are available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor 4 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.13 96:10/31/07:ch 5 r CITY OF RENTON COUNCIL AGENDA BILL AI#: 9p al,, Submitting Data: For Agenda of: November 5, 2007 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton, x6502 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. CRT-07-012; FAA Part 16 Airport Proceedings Docket; Ordinance AcuWings LLC vs. City of Renton Resolution Old Business Exhibits: New Business Study Sessions Complaint Information Recommended Action: Approvals: Legal Dept Refer to City Attorney and Insurance Services Finance Dept Other I Fiscal Impact: litilExpenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Complaint filed with the Federal Aviation Administration (FAA), Washington, D.C. under 14 Code of Federal Regulations (CFR) Part 16,by AcuWings LLC, represented by Douglas Owens, Law Office of Douglas N. Owens, P.O. Box 25416, Seattle, WA 98165-2316, for alleged noncompliance with grant assurances, violation of property acquisition terms, and discriminatory leasing conditions. kiliroe Rentonnet/agnbill/ bh • 1 2 UNITED STATES OF AMERICA CITY OF RENTON FEDERAL AVIATION ADMINISTRATION 3 WASHINGTON, D.C. OCT 3 1 2007 4 CITY CLERKS OFFICE ACUWINGS LLC, ) 5 Complainant, ) Docket No. ) 6 vs. ) ) COMPLAINT 7 CITY OF RENTON, WASHINGTON ) ) HEARING OFFICER (UNASSIGNED) 8 ) Respondents ) 9 ) ) 10 11 1. Complainant AcuWings LLC ("AcuWings") is a flight school offering flight 12 training services, aircraft rental and pilot supplies to the public under Part 91. 13 Respondent City of Renton ("City") is a municipal corporation and a political 14 subdivision of the State of Washington. The Respondent owns and operates a 15 federal surplus property airport and has accepted and applied for grants of federal 16 money under the Airport Improvement Program. The Administrator has 17 jurisdiction over the parties and the subject matter of this complaint pursuant to 18 the provisions of 14 CFR §16.23. The person to receive service of documents on 19 behalf of the Complainant is Douglas N. Owens, P.O. Box 25416, Seattle, WA 20 98165-2316. The telephone number of the person identified in the preceding 21 sentence is 206 748 0367. The fax number of the same person is 206 748 0369. 22 2. The address of AcuWings is 901 Rainier Ave N, Suite B101, Renton, WA, 98057. 23 The address of the City is Renton City Hall, 1055 S. Grady Way, 24 Renton, WA 98057. The federal surplus property airport that is owned and ,, 25 LAW OFFICES OF Complaint - 1 - DOUGLAS N.OWENS 26 C O PY P.O.Box 25416 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile: (206)748-0369 1 operated by the City is Renton Municipal Airport ("the Airport") whose ICAO 2 designator is KRNT. 3 3. AcuWings has been in business for approximately five years. During that five , 4 year period, AcuWings has sought to become a fixed base operator(FBO) on the 5 Airport and as such to provide its flight training services, aircraft rental and pilot 6 supplies to the public from a location on the Airport. These efforts have taken the 7 form of repeated contacts with the Airport manager, contacts with City Council 8 members, contacts with the mayor of the City, and contacts with existing tenants 9 who may have space available to sublease. Except for a brief period during 2005 10 when AcuWings subleased space from a tenant of the Airport, AcuWings has been 11 unable to lease space for its flight school operations, aircraft rental and pilot 12 supply store on the Airport, at any price. After its sublease expired in January, 13 2006, AcuWings leased space outside the Airport for its school, aircraft rental 14 business and pilot supply store and provides its flight training and aircraft rental Nord 15 services to the public using its owned and leased aircraft that are based at the 16 Airport (the "through the fence operation"). 17 4. AcuWings is a small business concern owned and controlled by a socially and 18 economically disadvantaged individual as defined in 49 U.S,C. § 47113 (a). 19 AcuWings meets all requirements of the City to do business as a flight school, 20 aircraft renter and pilot supply store at the Airport, except for the requirement that 21 it have an on-airport location for its business. AcuWings complies with all 22 applicable requirements of state and federal law for the conduct of its business as a 23 flight school, renter of aircraft and pilot supply store. 24 NoisO 25 LAW OFFICES OF Complaint - 2 - DOUGLAS N.OWENS 26 P.O.Box 25416 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile: (206)748-0369 1 5. The Airport is a surplus property airport acquired from the federal government in a 2 1948 conveyance filed in the Office of the Recorder of King County, Washington 3 and recorded in Volume 2668 of Deeds, Page 386. This conveyance is subject to 4 the requirements of 49 U.S.C. §47152. These requirements forbid the operator of 5 an airport subject to the statute from vesting in a single entity the exclusive right to 6 (a) conduct aeronautical activities requiring the operation of aircraft or(b) sell 7 aircraft supplies. 8 6. The Federal Aviation Administration has also provided grants to the City pursuant 9 to the Airport Improvement Program that are subject to the requirements of 49 10 U.S.C. §47107. That statute requires recipients of such grants to have made 11 assurances to the federal government. Among the required assurances is the 12 assurance that the airport will not grant any FBO at the airport the exclusive right 13 to be such a provider to the public, unless it would be unreasonably costly, Now 14 burdensome, or impractical for more than one provider to operate as such, or 15 unless allowing an additional FBO would require reducing the leased space under 16 an existing lease with the one FBO. Another required assurance is that the grant 17 recipient will make the maximum effort practicable to ensure that at least ten 18 percent of businesses selling consumer products or consumer services at the 19 airport involved are small business concerns that are owned and operated by 20 economically disadvantaged persons. In addition to grants it has already received, 21 the City has applied for further grants under the Airport Improvement Program and 22 has made the same above described assurances with regard to the said 23 applications. 24 `ow` 25 LAW OFFICES OF Complaint - 3 - DOUGLAS N.OWENS 26 P.O.Box 25416 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile: (206)748-0369 1 7. Now and for at least the past five years (except for the brief period during 2005 2 when AcuWings subleased space on the airport), the sole FBO at the Airport that 3 provides flight training services, aircraft rental and pilot supplies to the public is, 4 and has been Pro-Flight Aviation, Inc. ("Pro-Flight"). Pro-Flight leases space 5 from the Airport directly or indirectly for its offices, flight school, pilot store and 6 rental aircraft tiedown spaces. 7 8. On information and belief, of the businesses that sell consumer products or 8 provide consumer services on the Airport, fewer than ten percent are small 9 business concerns that are owned and controlled by an economically 10 disadvantaged person. 11 9. It would not now be and would not have been during the period AcuWings has 12 sought to lease space from the City unreasonably costly, burdensome, or 13 impractical for the City to lease or have leased to AcuWings space for AcuWings 14 to use to compete with Pro-Flight as an FBO providing flight school services, 'IS 15 aircraft rental and pilot supplies to the public. Such a lease by the City to 16 AcuWings would not now require and would not have required any diminution in 17 space leased by the City to Pro-Flight under any existing lease. 18 10. No later than the spring of 2005, the Boeing Company, which had for many years 19 leased approximately 4.4 acres on the Airport known as "the B ramp" from the 20 City, did not renew that lease and returned the leased space to the City. AcuWings 21 timely requested the City to lease this space to AcuWings. In a letter dated May 22 24, 2006, the City offered to lease the B ramp along with an existing manufactured 23 24 25 LAW OFFICES OF Complaint - 4 - DOUGLAS N.OWENS 26 P.0 Box 25416 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile: (206)748-0369 1 building on the site for office space to AcuWings.] AcuWings responded to the 2 City's letter with a letter during the time prescribed in the City's letter, accepting 3 the offer.2 The City's letter proposed that AcuWings' occupancy of the B ramp 4 begin no later than February 28, 2007. 5 11. The City failed and refused to provide AcuWings with a lease for the B ramp 6 property so that AcuWings' occupancy could begin on or before February 28, 7 2007. The City claimed during a meeting of the City Council's transportation 8 committee during May, 2007, that logistical tasks associated with moving the 9 manufactured building from one location on the B ramp to another location on the 10 same space and connecting electric power and other utilities to the said building 11 and obtaining the results of an economic study for the purpose of setting the lease 12 rate, would require until the end of the summer to complete. The City asked for 13 AcuWings' patience and understanding. AcuWings reluctantly acquiesced in the 14 City's request, while reminding the City of its obligations as a grant recipient 15 under the Airport Improvement Program to end the exclusive right it had granted 16 to Pro-Flight as the sole FBO on the Airport for selling flight training services, 17 aircraft rentals and pilot supplies to the public. 18 12. By the end of summer 2007, the City had not provided any lease for the B ramp or 19 any other property to AcuWings. On or about October 4, 2007, the City caused 20 information to be provided to the Seattle Times, a local newspaper of general 21 circulation which published the information, that the City would, instead of leasing 22 the B ramp to AcuWings, lease that entire space once again to the Boeing 23 1 A copy of the City's letter to Acu Wings is attached to this Complaint. 24 2 A copy of AcuWing's letter responding to the City's offer is attached to this Complaint. Niow 25 LAW OFFICES OF Complaint - 5 - DOUGLAS N.OWENS 26 P O.Box 25416 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile. (206)748-0369 1 Company.3 The City has not provided AcuWings with any proposal for substitute 2 space to be leased on the Airport for AcuWings' business. AcuWings was told by 3 the City after AcuWings filed its informal complaint in response to the above 4 described decision to lease the B ramp to the Boeing Company, that the City has 5 space on another parcel known as the "C ramp" that could be leased to AcuWings. 6 However, the City has made no proposal to AcuWings for lease of the C ramp. 7 The City has had the C ramp space available during the entire time the City told 8 AcuWings it was working to lease the B ramp to AcuWings. 9 13. AcuWings has been directly and substantially affected by the noncompliance of 10 the City with the terms of the grant assurances that the City made to receive 11 federal grant funds and the statutory requirements to remain the owner and 12 operator of this surplus property airport. AcuWings has operated at an artificial 13 competitive disadvantage to Pro-Flight resulting from its exclusion by the City 14 from any on-Airport location from which to provide training, aircraft rental and 15 pilot supplies to the public. AcuWings has suffered in its business from this 16 artificial disadvantage. Prospective customers seeking flight training, aircraft 17 rental or pilot supplies are artificially led to prefer AcuWings' competitor because 18 that competitor is the only provider on the airport. Pro-Flight's employees have 19 falsely told prospective customers of AcuWings who search on the Airport for 20 AcuWings' location that AcuWings is out of business. If AcuWings were at a 21 location on the Airport, such false statements would be easily exposed by the 22 recipients. AcuWings has reached agreement with a major manufacturer of next 23 generation general aviation aircraft to become a training center for that 24 3 A copy of the internet version of the published article is attached to this Complaint. 25 LAW OFFICES OF Complaint - 6 - DOUGLAS N.OWENS 26 P.O.Box 25416 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile: (206)748-0369 1 manufacturer, but that manufacturer requires that its training centers have 2 locations on airports. 3 First Cause of Action: Violation of 49 U.S.C. §47107 Grant Assurances. 4 14. AcuWings realleges paragraphs 1 through 13 above as if set forth in full. Based 5 on the foregoing, the City has violated for several years and continues daily to 6 violate the grant assurances it made to receive federal funding pursuant to 49 7 U.S.C. §47107, both as to past grants and as to grants which are pending. 8 15. The City has burdened AcuWings with an artificial competitive disadvantage vis a 9 vis Pro-Flight because Pro-Flight has been directly or indirectly granted by the 10 City the exclusive right to be the FBO at the Airport for the provision of flight 11 training services, aircraft rentals and pilot supplies to the public. AcuWings has 12 been relegated to a "through the fence" flight training and rental operation and an 13 "outside the fence" pilot supply store, which on information and belief, the buying 14 public perceives for that reason as less desirable than an on Airport operation such 15 as that of AcuWings' competitor Pro-Flight. The City's violations have also 16 jeopardized AcuWings' agreement to become a training center for a major 17 manufacturer of next generation general aviation aircraft. 18 16. Also, AcuWings as an entity that is a small business concern that is owned and 19 controlled by an economically disadvantaged person, has been directly and 20 adversely affected by the failure of the City to comply with its grant assurance 21 obligation to take necessary action to ensure, to the maximum extent practicable, 22 that at least ten percent of businesses selling consumer products or providing 23 consumer services at the Airport are small business concerns that are owned and 24 controlled by economically disadvantaged persons ("the protected class"). In fact Niro 25 LAW OFFICES OF Complaint - 7 - DOUGLAS N.OWENS 26 P.O.Box 25416 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile: (206)748-0369 1 the City has done nothing to comply with this aspect of its grant assurance 2 obligation. It is now and would have been in the past practicable for the City to 3 have met this obligation by leasing space on the Airport to AcuWings for its flig 4 training, aircraft rental and pilot supplies business. 5 17. AcuWings has been excluded by the actions of the City from the class of 6 businesses that sell consumer products and provide consumer services on the 7 Airport, despite the fact that AcuWings is a member of the protected class. Also 8 on information and belief, the Airport does not now pass and has not for several 9 years passed the statutory test of assuring to the maximum extent practicable that 10 at least ten percent of such businesses be of the protected class. AcuWings has 11 been directly and substantially damaged by the said violations. In its decision to 12 lease the B ramp to the Boeing Company rather than honor its agreement with 13 AcuWings, the City has specifically preferred a non member of the protected class 14 (the Boeing Company) over AcuWings which is a member of the protected class.100110 15 Wherefore, AcuWings respectfully requests a finding by the Administrator that the City is 16 and has been for several years in a state of daily noncompliance with the above described 17 grant assurances. 18 Second Cause of Action: Violation of 49 U.S.C. §47152. 19 18. AcuWings realleges paragraphs 1 through 17 above as if set forth in full. Based 20 on the foregoing, the City is in daily violation of the terms of the transfer under 21 which it acquired the airport property as surplus federal property. The City has by 22 its actions vested in Pro-Flight the exclusive right to be the FBO at Renton 23 Municipal Airport that provides flight training services, aircraft rental and pilot 24 supplies to the public. AcuWings is a flight school, aircraft rental and pilot 25 LAW OFFICES OF Complaint - 8 - DOUGLAS N.OWENS 26 P.O.Box 25416 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile: (206)748-0369 1 supplies vendor that is in the same class as Pro-Flight, namely a provider of flight 2 training services, rental aircraft and pilot supplies to the public. The aeronautical 3 activities of providing flight training and aircraft rental to the public require the 4 operation of aircraft. 5 Wherefore, AcuWings respectfully requests a finding by the Administrator that the City is 6 and has been for several years in daily violation of the terms of the transfer under which it 7 acquired the airport property. 8 14 CFR §16.21 Certificate of Good Faith Attempt to Resolve Dispute 9 19. AcuWings realleges paragraphs 1 through 18 above as if set forth in full. 10 AcuWings, by and through its undersigned Executive Vice President for 11 Operations, hereby certifies that AcuWings has conducted in good faith and over a 12 period of several years attempts to resolve its dispute with the City. Based on the 13 October 4, 2007 public announcement described in ¶12 above that the City intends 14 in effect to repudiate the agreement also described in¶12 above that AcuWings Nitre 15 believed would have resolved the dispute without the City having offered any 16 substitute property for lease to AcuWings, there appears no reasonable prospect 17 for the timely resolution of the dispute. 18 20. AcuWings' efforts to resolve its dispute with the City include making repeated 19 requests both orally and in writing, through AcuWings personnel and legal counsel 20 over the past five years to the Airport manager and City Council members4 to lease 21 space at the airport. Those efforts include attending numerous meetings of the 22 City Council's transportation committee to explain the issues and seek an 23 Under the Renton city form of government,policy decisions such as the leasing of airport property are made by the 24 City Council. 't1✓ 25 Complaint - 9 - LAW OFFICES OF 26 DOUGLAS N.OWENS P.O.Box 25416 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile: (206)748-0369 1 agreement with the City to lease space on the airport. Those efforts also include 2 the filing and then the withdrawal of an informal complaint during 2005 with the 3 Airport Safety and Standards Office. The informal complaint was withdrawn 4 based on an indication by the City that it would comply with its legal obligations 5 to end the current discrimination and lease space on the Airport to AcuWings, an 6 indication that has proven to be incorrect. Those efforts include the acceptance by 7 AcuWings of a written proposal in early 2006 from the City for AcuWings to lease 8 space and a manufactured building on the B ramp, which the City delayed 9 implementing and then repudiated without so much as a telephone call to 10 AcuWings, and without offering AcuWings any substitute leased space. The City 11 has available substitute space on the C ramp for AcuWings but it has not offered 12 that space to AcuWings, despite AcuWings' expression of interest in that space. 13 Wherefore, AcuWings respectfully requests a compliance order directing an immediate 14 termination of any and all funding by the FAA to the City for use at the Airport, until and unless t14, 00 15 discriminatory conditions referred to above are remedied by the City, and for any other relief that is 16 proper under the circumstances. 17 Respectfully submitted, 18 D _OU AS N. @ WENS . 19 , Jr4L 5 out N. Owens, WSBA No. 641 21 P.O. :ox 25416 Seattle, WA 98165-2316 22 (206) 748 0367 Lawyer for Complainant AcuWings LLC 23 Dated October 29, 2007 24 25 LAW OFFICES OF Complaint - 10 - DOUGLAS N.OWENS P.O.Box 25416 26 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile: (206)748-0369 1 CERTIFICATION 2 I, Bahadir Acuner, am the ExecutiveVice President for Operations of AcuWings LLC. I hereby 3 certify under penalty of perjury of the State of Washington that the statements above certifying the 4 efforts of AcuWings to resolve its dispute with the Renton Municipal Airport and the City of 5 Renton are true. 6 VITA P ''A1 7 - -cutive Vice �Presic1 nt for Operations AcuWings LLC. 8 Dated • 7,5 9 10 11 12 13 Now, 14 15 16 17 18 19 20 21 22 23 24 Now, 25 LAW OFFICES OF Complaint - 11 - DOUGLAS N.OWENS 26 P.O.Box 25416 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile: (206)748-0369 1 CERTIFICATE OF SERVICE 2 I hereby certify that I have this date mailed, certified mail, return receipt requested, a copy of this Complaint to: 3 City of Renton 4 Care of Zanetta Fontes, City Attorney P.O. Box 626 5 Renton, WA 98057 6 Hon. Kathy Keolker, Mayor City of Renton 7 Renton City Hall 1055 S. Grady Way 8 Renton, WA 98057 9 Hon. Marcie Palmer Chair City Council Transportation Committee 10 Renton City Hall 1055 S. Grady Way 11 Renton, WA 98057 12 0 Dated October 29, 2007 �/IL 13 ` i oug : . . Owens 14 15 16 17 18 19 20 21 22 23 24 25 LAW OFFICES OF Complaint - 12 - DOUGLAS N.OWENS 26 P.O.Box 25416 Seattle,WA 98165-2316 Telephone: (206)748-0367 Facsimile: (206)748-0369 • ��Y .oma CITY OF RENTON ♦. . Planning/Building/PublicWorks Department• 44 KathyKeolker,Mayor Gregg Zimmerman P.L.AdmiALstrator CERTIFIED MAIL May 24, 2006 • • Ms.Zeynep Acuner, President Mr. Bahadir Acuner, V.P. Operations AcuWings , 901 Rainier Avenue North, Suite B — 101 Renton, Washington 98055 __ .__ ' ' Subject: AcuWings . Dear Mr. and Ms. Acuner: Thank you for your February 10, 2006 letter regarding the request to lease space at the Airport for the continued operation of AcnWingc. We were sorry to hear that the subleasing arrangement established • • . between AcuWings and Bosair did not work out. , You have requested to lease,space on the Airport including but nut limited to small buildings left by , Nroso, Boeing on the B-Ramp, the former restaurant location,and the building located between AirO and BEFA (known as the 820 Building). ' . As we have discussed on numerous occasions,the 820 Building will be torn down in the next year. • • 'tile'building has major structural defects•and the mechanical equipment in the building is worn vut. Due to the proximity of the former restaurant site to the seaplane base, that leased area is already • dedicated for other purposes: The former restaurant cite will he used for a permanent facility for' ' ' Customs and Border Protection and a small passenger waiting area for the floatplane charter . companies based at the'Airport. • There are four small shelters and one larger manufactured building that exist on the B-Ramp. The Boeing Company abandoned these buildings The four small crew shelters have already been sold. • ' , . However,the larger'manutactured building on the B-Kamp could accommodate'your business,.We. .. - anticipate that the manufactured building that is located on the B-Ramp will•be available for - • occupancy on or before February 28, 2007. In+order to fulfill your request for space on the Airport at this time, the City,will make space•available for AcuWings aircraft tie-downs in the north tower parking area. Further, the City is prepared'to • . lease to AcuWings the manufactured building located on the B-Ramp. The decision to lease the manufactured building to AcuWings is made easier because the City has developed four alternatives • for the Airport Layout Plan and the use of this area by AcuWings is compatible,with the alternatives. • *globe ' • • 1055 South Grady Way-Renton.,Washington 98055 R E .1V T .1�F ' R. AH.FATI AF 'fHF f!I)AVF. • • , 'Ms,Zeynep Acuner, President • • 'Mr.BahadirAcuner, V.P.Operations • AcuWings, . ' , . ' ' May 24;2006 Page Two . • in order for the manufactured buildinc to be leased by AcuWings, k,.the Airport will need to mae,some • minor interior improvements to the building. There may need to be tenant improvements.a$ well, for ' • . , : .which you would be responsible. The building also needs to be relocated closer to Perimeter Road on the.B-Ramp to ensure that there is appropriate airside/landside access to the building,,and:appropriate. . automobile parking. We will do our best to complete this work on or before February 28, 2007. ' Between now and when the building is ready for occupancy,,the City will develop a five year , ' . building lease for the building on the BB-Ramp and provide tie-down space for AcuWings aircraft ' • . pursuant to a tie-down lease. . - Between now and when the building is ready for occupancy,AcuWings shall: '1. Continue to possess a City of Renton Business License; '2. Co�ttinue to carry appropriate instuanira•cwi.t:>ugc listing the City of Reuton as.an,additional ' • • insured entity for aircraft operated by AcuWings per the aircraft tie-down agreement, and, , . 3. Comply.with the Airport Regulations.arid Minimum Standards: • P•l,cubc respurtd to.Airpui t Maliagei Ryan Zulauf in writing bcfort; f riday,'lune 9, 2006 So that we ' , may get this matter resolved. Mr. Zulauf cul be reached.at 425-430-7471. . ' Sinccrcly,,' . of / C(If — ' ,. Gregg Zimmerman, E, Administrator ' , ' Planning/Building/Public Works Department; • cc: Kathy Keolker,Mayor • ' . lav C,avinSton,Ctiitr AJmitostrathe Orrice: • , }`eterHahu;;PIB/PW Deputy,Athninutrutor—Trarupottation • ' .• , . Ztinetta Fontes,AssisLunt City Attorney • Sun CampbgII,Airport'Sccrctwy • LIAUwuion.s4ADM( \GREgG\Acuwings Itr 9S7„40,6.duc , No,,,,, DOUGLAS N. ®WENS P.S. P.O.BOX 25416 SEATTLE,WA 98165.2316 (206)746•030 FAX;(206)748.0)69 June 5, 2006 Mr. Gregg Zimmerml1ul, P.D. Administrator,City of Renton Planning/Building/Public Works Department 1055 South Grady Way Renton, WA 98055 Re: AcuWings Dear Mr. Zimmerman: I represent AcuWings, LLC ("AcuWings")and my client has asked me to respond to your letter of May 24, 2006. My client is very pleased with the City's decision to make leased space available to AcuWings on the Renton Airport. AcuWings understands that the only available structure that could meet its needs is the larger manufactured building that currently exists on the B-Ramp. AcuWings understands that the City will move that building closer to the Perimeter Road and that the City will make minor interior improvements to the building. AcuWings err understands that the utility connections for the building in its new location will be provided by the City, AcuWingsalso understands that the City will develop leases for the building and for tiedown spaces, between now and when the manufactured building is ready for occupancy, which is anticipated to be February 28, 2007. AcuWings desires to cooperate and participate in the development of the leases and will make its personnel available to the City for that purpose, AcuWings hopes that the lease term can be made longer than five years or that the City will permit my client a provision that allows for renewal of the lease when the initial term expires. AcuWings looks forward to a long and harmonious relationship with the City and its airport and anticipates doing business on the airport for many years as a tenant of the Renton Airport. Ve v yours, ougr , Owens cc:�aha Acuner Zeynep Acuner Kathy Keolker, Mayor Ryan Zulauf, Airport Manager Jay Covington, Chief Advninistrative Officer Peter Han, PB/PW Deputy Administrator-Transportation Zanetta Pontes, Assistant City Attorney Susan Campbell, Airport Secretary naawiuc i'Gws toeing may expana at Kenton airport Ieartie I Imes... http://seattletimes.nwsource.com/cgt-bin/t'rmtStory.pl'ldocument_lct=. etjeSeattlec"lines seatttetlwes.com Thursday.October 4.2007-Page updated at 02 03 AM Permission to reprint or copy this article or photo, other than personal use,must be obtained from The Seattle Times. Call 206-464-3113 or e-mail resaleAseattletimes.corn with your request. Boeing may expand at Renton airport By Amy Roe Seattle Times Eastside bureau Boeing is considering expanding operations at the Renton Municipal Airport,a move that could ground a controversial proposal to create an executive jet center there. 0. } Preeti Shridhar,spokeswoman for the city of Renton,said word that Boeing may want additional space to test planes from its Next-Generation 737 group was a"welcome surprise"to Renton officials,who had been exploring a plan to build a center for executive jets there instead. The jet-center idea will soon be history,said City Councilman Randy Corman.The airport doesn't have room for both. City Councilman Don Persson said he prefers Boeing use the space—"and frankly,so will our residents" Many in Renton and Mercer Island have opposed a het center, fearing the small executive planes would create too much noise over their neighborhoods. Renton officials learned of Boeing's interest Monday at a regular meeting between company and city officials. Boeing spokeswoman Cristina McHugh confirmed the company is studying the possibility of using apron B at the Renton Municipal Airport to test planes in its 737 group and has asked Renton if the space is available. Boeing currently leases apron A at the airport.The company previously leased aprons B and C as well but did not renew the lease last year,McHugh said. But in an e-mail to city staff,airport manager Ryan Zulauf said Boeing made"a request to permanently release all five aircraft positions"on apron B and that the city of Renton intends to accommodate that request,adding,"We all know how well the 737 is selling and it is important to support that program" The Next-Generation 737 is the best-selling single-aisle jetliner,with more than 4,000 airplanes ordered and 2,300 deliveries,McHugh said. Renton civic leaders came up with the idea of ajet center a few years ago as a way to make use of space that would be freed up at the airport when Boeing and other tenants did not renew their leases. The idea didn't fly with everyone. Earlier this year,angry residents packed community meetings on the proposal,arguing against it In March,Renton agreed to ease up on its jet-center plans and join Mercer island in funding a$130,000 noise study. Shridhar,the Renton spokeswoman,said the noise study will proceed,though the scope of it could change The airport,which handles small-aircraft traffic, is self-sustaining but is not a major source of revenue for the city In 1947,the federal government signed surplus land along the shores of Lake Washington over to the city for$1,with the stipulation that Renton would operate an airport in perpetuity. if it fails to do so,the FAA can reclaim the airport and hand it over to another jurisdiction to operate In recent years,Renton Municipal Airport has been operating below capacity,with about 85,000 takeoffs and landings per year,mostly recreational flights,compared with more than 200,000 takeoffs and landings per year in the 1970s Amy Roe:206-464-3347 or aroe(atseattletimes.coin SE Living reporter Karen Johnson contributed to this report. Copenght c'.2(0(7 The Scaulc Tunes Ca parry 1 of 1 10/15/2007 10:33 AIV CITY OF RENTON COUNCIL AGENDA BILL AI#: I* e .,,,./.0"._ Submitting Data: For Agenda of: November 5, 2007 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton, x6502 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. CRT-07-013; FAA Part 16 Airport Proceedings Docket; Ordinance Pro-Flight Aviation vs. City of Renton Resolution Old Business Exhibits: New Business Study Sessions Complaint Information Recommended Action: Approvals: Legal Dept Refer to City Attorney and Insurance Services Finance Dept Other Fiscal Impact: itittioi Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Complaint filed with the Federal Aviation Administration(FAA), Washington, D.C. under 14 Code of Federal Regulations (CFR) Part 16, by Pro-Flight Aviation, represented by Jay S. Jump, Jump Law Group, 528 2nd Avenue South, Kent, WA 98032, for alleged economic discriminatory actions and violation of grant assurances Rentonnet/agnbill/ bh Val-07'013 • 440x • .. ; OCT2007 THE 40 1�`tVIAW GROUP '" ATTORNEYS ArL.AS[+.• s�t .K_ "'.'�;� k i �. <,p 1 ¢e_,— :� `. '': u `::._ "S,tN ,,,e•: B ...r— 528 r°AVENUE SOUTH ssh=ss v c;-_ Karr,WA 98032 1== ,m - CITY OF RENTON (253)479-0241 A ., c - (253)270-8970 FACSIMILE't `4�`< . .-'.. ` `. WWW-RJMPLAWGROUP.COM JUMPLAWGROUP LAWGROUP.COM Tuesday, OtN�i�,�:����,3,.2(tt%�7:�"t�.. 0 C T 3 1 2007 � RECEIVED CITY CLERKS OFFICE pho—loeorj ° y VIA CERTIFJEl :1c4AIL AND FACSIMILE TRANSMISSION Office of the Chief Counsel Attention:FAA Part 16 Airport Proceedings Docket AGC-610 Federal Aviation Administration 800 Independence Avenue S.W. Washington D.C., 20591 Mayor Kathy Keolker City of Renton 1055 S. Grady Way Renton, WA 98057 Ryan Zulauf Renton Airport Manager 616 West Perimeter Road Unit A Renton, WA 98057 Re: Part 16 Complaint; Pro-Flight Aviation v. City of Renton Municipal Airport 1. Pursuant to 14 C.F.R. Part 16.23, Pro-Flight Aviation(hereafter referred to as "PFA"), a Washington Corporation, files this complaint against the City of Renton Municipal Airport(hereafter referred to as "RNT"). The complaint is based upon economic discriminatory actions implemented by RNT against PFA in both PFA's fueling operations and instruction operations. The actions of RNT have served to economically disadvantage PFA and have effectively eliminated the ability of PFA to operate an executive FBO serving turbine powered aircraft. 2. All communications with respect to this complaint should be addressed to: Jay S. Jump, Jump Law Group, 528 Second Avenue South, Kent, WA 98032; (253)479-0241; (253) 270-8970 (Facsimile);jumpj,c jumplawgroup.com The Complainant: Pro-Flight v. City of Renton Municipal Airport Part 16 Complaint likr'` Page 1 3. PFA is a for-profit corporation incorporated under the laws of the State of Washington and is headquartered at 243 W. Perimeter Road, Renton, WA 98057. PFA has been based at Renton Airport since 1994 and actively participates in the airport activities. PFA offers Maintenance services, Flight Instruction, Rental Aircraft, as well as line services for executive aircraft. PFA leases tie down space from RNT and is an authorized FBO on the field. Subject of the Complaint: 4. RNT is owned and operated by the City of Renton. RNT has set forth policies and rules for how businesses operate at the airport. However, in recent years, RNT has begun to selectively enforce those policies against various entities at the airport. RNT has allowed other FBO's on the field to avoid adherence to the rules and policies and has continued to do so despite being aware of the discrepancy. 5. As a result of the selective enforcement and discriminatory treatment against PFA, RNT has violated the grant assurance clauses found in Paragraphs 22 and 23 of the Grant Agreement to which the FAA is a party. 6. RNT has further threatened the continued operation of PFA's fueling operations by eliminating parking access for the very demographic that is necessary for PFA's jet fuel business to be successful. As such RNT is constructively shutting down the fueling business of PFA to create an unfair advantage to the other fueling operation on the field. Part I—Fueling Operations: 7. Renton Airport is a public use airport with 310 aircraft based on the field. 62%of all activities are local general aviation with 37%being transient general aviation. Renton Airport, renamed Clayton Scott Field in 2006, is based only four nautical miles from King County International Airport, more commonly known as Boeing Field (KBFI). In the past few years, as traffic has increased at Boeing Field, more commercial aviation traffic has been landing at Renton. The field has a customs office, supports dozens of businesses around and on the field and is the location of where Boeing builds their 737 aircraft. 8. In approximately 2003, Airport Management contacted PFA and demanded that PFA construct a fuel farm for both Jet A and 100LL fueling operations. Previous to this request, PFA provided only I OOLL fuel. Exhibit 1. 9. PFA agreed to this demand with the understanding that PFA would be allowed to cultivate the turbine powered market. PFA requested additional space on the airport for the construction of an executive FBO and ramp parking. Exhibit 2. 10. RNT would not provide a lease for additional space, but did instruct PFA to use the `B- Ramp' for parking of turbine powered aircraft. The `B-Ramp' is located between PFA's maintenance hangar and flight instruction building. The `B-Ramp' is extremely large and Pro-Flight v. City of Renton Municipal Airport Part 16 Complaint Page 2 4*41104 *law has five bays large enough to hold a 737 in each bay. There is no line of sight access between PFA operations and `B-Ramp' bays. In order for passengers to access either of PFA's buildings, they must walk a minimum of 125 yards up or down the field next to the taxiway adjacent to the runway. 11. RNT allowed all aircraft to use `B-Ramp' and did not grant exclusive use of the ramp to PFA. Any transient aircraft may park on the `B-Ramp'. 12. PFA built the fuel farm, purchased ground support equipment, as well as training new hires on fueling operations. The expenditure for this undertaking was in excess of $160,000.00. 13. One of the reasons the cost was so excessive was because PFA was directed and required by RNT to maintain the highest environmental standards. Renton Field is located at the end of Lake Washington and has the Cedar River bordering one side of the field and the `lost' Black River on the West. The `lost' river is directed through a culvert that empties directly into Lake Washington. The culvert runs under Perimeter Road which is adjacent to the airport and the fuel farms for both Air 0 and PFA. Storm drains that lead into the culvert are located near and by both FBO's. Fuel containment is a priority issue. 14. PFA built a diked fuel farm structure large enough to hold all fuel trucks within the containment area. PFA has a total fueling capacity of 4400 gallons between its three trucks. *or' 15. PFA was required to only do loading of fuel in the diked fueling area and to equip the containment/loading area with a water/oil separator with oil stop valve. In addition, PFA was required to construct a self serve pad with the same water/oil separator systems. 16. Within months of PFA building a fuel farm, another FBO began operations on the field, Air-O. As part of their operating agreement, Air-0 was supposed to provide fueling operations for both 100LL and Jet A. Hence, Air-0 also built a fuel farm. However, RNT did not hold Air-0 to the same standards as PFA. Air-0 was not required to have a containment area large enough to hold all of their refueling vehicles. More than half of Air-O's trucks are parked outside the containment area in an unpaved space. The total capacity of the vehicles outside the containment area are in excess of 18,000 gallons. 17. Whereas PFA was required to protect the environment by installing oil water separators with oil stop valves for both the self serve pad and the truck loading area, Air-0 was not. Any fuel spills are able to leach directly into the ground. 18. In essence, RNT did not hold Air-0 to the same standards as PFA. This not only put the environment at risk, but it served to provide Air-0 with a much lower construction cost and maintenance cost on their facility providing them with a distinct economic advantage over PFA. Pro-Flight v. City of Renton Municipal Airport Part 16 Complaint Nrrr Page 3 19. In March of 2006, PFA received a `letter of warning' from RNT as a result of'top 14800 loading' fueling operations. Top loading is the act of transferring fuel from one fueling truck to another through the top of the tank. In the `letter of warning', Ryan Zulauf, RNT manager, stated that these types of fueling operations are extremely dangerous and if the activity continued, he would be `forced to terminate PFA fueling operation.' Exhibit 3 and Exhibit 4. 20. This letter led to a meeting between PFA, RNT, and the Fire Depatlntent. Despite the only actual authority for fueling operations being that they shall not occur less than 200 feet from an aircraft, §5.27 NFPA 407, PFA was required to install bottom loading equipment on their trucks to comply with RNT's demands. 21. Air-O,the FBO with a much larger fueling capacity than PFA, with many more trucks than PFA, continues to engage in top loading operations. When this was pointed out to RNT, there was no enforcement of the compliance rules previously discussed and demanded by RNT of PFA. 22. PFA then pointed out to RNT that top loading was now a permissible activity then the March 8, 2006 letter of warning is inaccurate. RNT has never retracted the letter of warning. 23. As a result of RNT's conduct in applying differing standards to the fueling operation providers on the field, RNT has engaged in selective enforcement thus discriminating against PFA. Part II—Flight School Operations 24. At the South end of the field, PFA has a robust flight school consisting of several Cessna 172's, a Piper Twin Comanche and Cessna Cardinal RG. Through their variety of aircraft, PFA is able to offer instruction services from private pilot to commercial multi- engine ratings. 25.As part of the compliance with the FAA regulations and the Airport Minimum Standards and Operating Permit, PFA must maintain these aircraft to impeccable standards. PFA has a 5,000 square foot maintenance facility for just this purpose. PFA purchased this space and leases additional space on the airport for the instruction facility. 26. Acu Wings is a flight school operating at RNT. However,Acu Wings has no offices on the field, nor any maintenance hangars on the field. Acu Wings has located their offices off the airport field and does their maintenance through sub-contractors on the City's ramp. Acu Wings has never received an operating permit or insurance to conduct these maintenance operations. RNT has specific rules about doing maintenance on aircraft on the ramp. Pro-Flight v. City of Renton Municipal Airport Part 16 Complaint Page 4 Ned 27. As a result of RNT allowing the Acu Wings operation without requiring compliance with the minimum standards and FAA regulations, Acu Wings has a lower operating cost for operations than PFA does and as such, PFA has been economically disadvantaged. 28. Acu Wings has made several demands of RNT that they are entitled to space on the airport. RNT has agreed to provide Acu Wings space by providing custom built space on the field with parking all at the expense of RNT. 29. Such entitlement and constructive sponsorship by RNT only serves to provide further unfair economic advantage to Acu Wings. Part III—Space on the Ramp: 30. The location where RNT has proposed to build a facility for Acu Wings is in the center of the `B-Ramp' area. Precisely halfway between the maintenance facilities of PFA and the flight instruction facilities of PFA. 31. However, this space may not be available in the near future as RNT has agreed to re- lease the `B-Ramp' space to Boeing for parking aircraft. Such an action would leave PFA with no room to park jet aircraft and would effectively shut down the Jet A fueling business leading to a severe adverse economic impact on PFA. The Jet A fuel farm operation was created at the behest of RNT. 32. Air-O has been provided a large facility with access to ramps on either side of their operation all of which are in direct line of sight to the main terminal of Air-O. 33. RNT has agreed to provide and construct space for Acu Wings in the middle of the `B- Ramp' for their small flight school. 34. PFA also needs space on the ramp to build an executive facility and have space for turbine aircraft parking. By providing space on the ramp to Boeing or to Acu Wings, PFA is essentially cut off from operating an executive turbine facility as there is no other available space on the field for turbine aircraft parking. Pre-Complaint Resolution 35. PFA has not watched these issues quietly. In April of 2007, PFA wrote the City of Renton a letter addressing all of these issues and searched for ways to find a reasonable solution. The letter was essentially dismissed at a meeting of the Transportation Committee of the City Council. Exhibit 5 36. In July of 2007, PFA found themselves in a meeting with Airport Management and the Fire Inspector for the City of Renton. At issue was the top loading fuel issue again and the danger that it causes. 37. In September of 2007, PFA received a letter from the City raising their rent 78%. Exhibit 6 The rent increase letter was in clear violation of the terms of the lease agreement Pro-Flight v. City of Renton Municipal Airport Part 16 Complaint Page 5 between PFA and RNT. See Exhibit 7. There can only be one explanation for such 41.04 conduct and that is retaliatory action on the part of RNT for the protests that PFA has raised over the selective enforcement of rules and procedures at the airfield. 38. Given the subsequent actions of the airport authority and the unlawful rent demand increase, it is clear that pursuant to Part 16.21(b), no other substantial and/or reasonable good faith efforts to resolve these issues could be made and there appears to be no reasonable prospect for a timely resolution. Respectfully Submitted, Jay S. Jump Jump Law Group 528 2nd Avenue South Kent, WA 98032 (253) 479-0241 (253) 270-8970 Facsimile jumpj cLjumplawgroup.com cc:file/jsj/client Pro-Flight v. City of Renton Municipal Airport Part 16 Complaint Page 6 Ii Q CITY OF RENTON .aLL Planning/Building/Public Works Department �I�r► Jesse Tanner,Mayor Municipal Airport March 28, 2003 HAND DELIVERED Diane Paholke,President Proflight/A-1 Fuel Service,Inc. 540 West Perimeter Road Renton, WA 98055 SUBJECT: NOTIFICATION TO PROVIDE JET A FUEL SALES TO PUBLIC Dear Ms. Paholke: This letter is to formally request that Proflight/A-1 Fuel Service begin providing Jet A fuel sales to the public as soon as possible. The current provider of Jet A fuel on Renton Municipal Airport has been sent a certified letter stipulating that fuel sales to the public shall be discontinued until a lease or an operating permit and agreement is approved by the City. Section 6.3 of the approved Operating Permit and Agreement for Proflight/A-1 Fuel Services, 'Nose Inc. specifies: 6.3. Provision of Fuel Service: ". . .In the event that the sole provider of Jet A fuel permanently discontinues operations at Renton Municipal Airport,or otherwise experiences a catastrophic event that prevents the distribution of Jet A fuel,A-1 Fuel Services, Inc. will be required to provide Jet A fuel to airport tenants within thirty calendar(30)days while a long term solution is sought by the Permittor." It is critically important that no gap occurs in the availability of Jet A fuel on the airport. With that said, I will work with you to the best of my abilities to ensure that Proflight/A-1 Fuel Service, Inc. is able to meet the specified conunitment of the approved Operating Permit and Agreement. Please provide me a response to this letter as soon as possible and please indicate in your letter the current estimate of when Proflight/A-1 Fuel Services, Inc. can provide Jet A fuel to the public. Si / Pr' Ryan A lauf Airport Manager cc: Gregg Zimmerman Exhibit 1 Sandra Meyer Susan Campbell-Rehr Eric Chapman ilow' File r 1 616 West Perimeter Road-Renton,Washington 98055-(425)430-7471/FAX(425)430-7472 R E N T ON\ AHEAD OF THE CURVE •.: This paper contains 5Q%rucydedmateriat,30%postconsumer PRO-FLIGHT A VIA TION, INC 243 W.PERIMETER RD RENTON, WA 98055 (425)228-9510 (FAX)228-9511 profightaviationinc@yahoo.com DATE: July 28,2003 TO: MR.RYAN ZULAF RENTON AIRPORT REGARDING: INSTALLATION OF FUEL TANKS Dear Ryan, Thank you meeting with Bernie and I last week. Per our discussion,Pro-Flight is requesting a lease extension in exchange for the installation of the new fueling facility. As you know,the new fuel farm will include emergency shut-off systems,automatic over-fill protection systems,deadman operated transfer systems, double-walled ballistic rated tanks,oil-water separation system,and a huge spill containment area. This facility will add value to the Renton Airport because of the high-tech design and will virtually eliminate the risks of fuel spills and contamination on Renton Field. This system is designed with redundant protection systems. This is a great facility that will serve the City of Renton for many years to come,but the costs of complying with requirements set forth by the Fire Department, Airport and City Regulations have dramatically increased our expense. As such,Pro-Flight has requested lease extensions to better amortize the cost of installation. Our costs thus far are listed below: Electrical Contractor: 14,240.00 Y_o s) `�S' X-Et 2/ /4,,76 su//s 33,180.00 fLt,jc Tank �/ !o�f 5"" Tank Equipment 28,671.49 148/Go•'74O 1-4/g5,leyS= g /50, V&/ e Building contractor: 67,053.51 "----- Permits: 2500.00 ./1-/ &‘/5 In addition,Washington Sales Tax is 8.8%. Please note that these costs do not include interest and/or leasing fees. In addition,we have had in-house Personnel expenses for the design,quotations,and management of this project. We are committed to investing in the future of Renton Airport. We believe that having Jet fuel and the complimentary Jet Services on Renton Airport is vital to the success and growth of business on the airport. As such,we have already made significant investment in equipment,training,and marketing. We simply want to be sure that our a lease will enable us to grow this section into a feasible service on the Renton Airport. Sincerely, diet/Le-- 2 Diane O.Paholke President 40100 Exhibit 2 • : 1111111.1111.11.111".'... . •fi r* CITY ,JF -RENTON k I • - v Planning/Building/Public Works Department : p...:, Kathy Keol or-Wheeler, Mayor Municipal Airport rJuly 13,2005 . . : -Mf. Dave Wunsch,Manager Ms.Diane Paholke,president Air-Q,Inc:, - Pro-FlightAviation,hic., ,,, - •- 800 West Perimeter Road - 243-West Perimeter Road ., 1- Renton:, WA 98055 Renton;WA 98055 SUBJECT: FUELINg OPERATIONS ". . Dear Mr.Wunsch and MS.Paholke, - . As a reminder to both of you engaged in the storage and dispensing of fuel on the airport, the following requirements must he,4rietly-Oliete4to for the continued operation of your businessesandthe safety of Your=forsofac4 , , . , , . : . • • 4) Truck-46404c transfers of petroleum products 0114 tit4;1-,) conducted, 2) Mobile fltdirlg faia1ii.i .:(ftt01 trueks):parice4 OtSide-Of4e.sigrialedlapProVed - - . - Containment area shalt not be,gs_41'fo jong4emistOrage5of petrOleunipreanct(s); • -3) All personnel ernployed...as ftireler4hall,rec'e'ite proper hatpin(as determined by • : : each of you)in the safe loadhig OnsOott.:a-nd diSPeniirigof petroleum products, 'lime 4) All-folers shall'Ile intirriatelyf' .arniliai*ith the AixPOTt'i.( rou0Valicler , , _. Operating Rules arid oliSdve tite1:15 mph speectlitait at all times; , ,,.. , .., . - - : 5) Product spills in any amount shall be promptlyxeported Jo both the Boeing Fire Department and the-:AirpOft,bperatiOns()trio-arid altrrieans,to contain,and mitigate the spill shall bo ri-Iiiii;;YPci.:' '-, •- ' -._ ' Please be forewarned that if violation S of,anYOffileabOve regulations are observed,a i - Letter of Warning will be issuecL A subsequent violation of the same type will be grounds ... . for termination Of operations until the violation is resolved • : r' : . ' 1 . 7 • _ - Thanking hothof you in advance for your cooperation. , Sin. - 1 i 1 . - - V f • - . , I Ryan , auf • • .. . Manager,Ren on Airport . . . Cc:Mr Eric Chapman,Hazardous Materials Specialist)Renton Fire Dept, Ms. Susan Campbell-liehr/Ms-Katherine Nye Exhibit 3 *4....., . Washington • ; 1---C7--------ENT ON 616 West Peri meter Road=Renton,• 98055-(42 )4304471/FAX 02 )439-7472 AHEAD OF THE CUFNE iti -Ns paper 65i-it:Ili-mt."reci-,cled raatotial WA pOs.t cOnsurPer r\- Y o CITY )F RENTON 6 = Planning/Building/Public Works Department + - '__' _ + Municipal Airport Kathy Keolker,Mayor March 8,2006 Ms.Diane Paholke,President Pro-Flight Aviation,Inc. 243 W. Perimeter Rd Renton,WA 98055 SUBJECT: LETTER OF WARNING(LOW)FOR UNSAFE FUELING OPERATIONS Dear Ms. Paholke: Attached as Enclosure(1),is a copy of a letter regarding fueling operations that I sent to you and Mr.Dave Wunsch on July 13,2005. You will note that the first item specifically prohibits truck-to-truck transfers of petroleum products anywhere on this airport. The third item states that your fuelers shall receive proper training in the safe loading, transport, and dispensing,of petroleum products. Yesterday,March 7 at approximately 1 p.m., one of your aircraft fuelers was observed by Bruce Fisher, and me,inserting a hose into the top fill port of the Jet A fuel truck owned by Mr. Bruce Leven. This type of fueling operation is extremely dangerous and is prohibited under the National Fire Protection Association(NFPA)Code 407 (Standard for Aircraft Fuel Servicing)and violates the terms of your Lease Agreement Part 7 (7e). As stated in my previous letter to you and Mr.Wunsch,any violation of fueling regulations here on the airport would result in an LOW.Please ensure that this is the last time that anything like this takes place or you will force me to terminate future fueling operations. It is imperative that all of your personnel are informed of this LOW and trained in proper and safe fueling procedures. Sincerely, t./ ,; F . i 6,e,y-1,,y Ryan Zulauf Airport Manager cc:Ms. Camille Walls,City of Renton Fire Inspection Office Mr.Bruce Leven,Tenant Ms. Susan Campbell-Hehr/Ms. Carolyn Currie, Airport Secretary Exhibit 4 Enclosure: (1)Fueling Operations ltr dtd 13Jul05 FILE COPY „....,,, 616 West.Perimeter Road-Renton,Washington 98055-(425)430-7471 I FAX(425)430-7472 REN T 0 -tit, Oh AHEAD OF THE CURVE OhThic nares rw+taenc 51144 m.-.widl m>teai>I VW-rust r...c.mv+r CITY )F -RENTON ., • . Planning/Building/Public Works Departmentt41, Municipal Airport Kathy Keol er-Wheeler,Mayor Niue July 13,2005 • Mr.:Dave Wunsch,Manager Ms.Diane Paholke,President Air-O,Inc:, Pro-FlightAviation,Inc., • 800 West Road 243 West Perimeter Road Renton,WA 98055 Renton,WA 98055 SUBJECT: FUELING OPERA] IONS Dear Mr.Winisch and Ms.Paholke, • - , As a reminder to both of you engaged in the storage and dispensing of fuel on the.airport, the following requirements must bestrictly-,Adheted 49 for the continued operation of your businesses and the safety ofyour4iersonriel: - : - • . , - -1) Truck-to-truck transfers Of petrol-01M products Shall net;be conducted, •: - 2) Mobile fueling faellitiet(fuel trucks)parked outside of designated/approved . • containment are Shalknot be used for.longtternistoragebfpetrbleurri.Pro4Uct(s); • • • 3) All personnel employed as ftielershall receive proper training(a determined by each of yon)in the SafeloadinglOiispotf,find dispensing.of petroleum products, '44010, 4) All.fuelers shall be familiar*ith Gfountl'Vehicle • . • . Operating Rul6s-handbook and o*I"v0 nif41 sp6.edfliinit at all times; , • • 5) Product spills in any-amount shall be promptly reported4O both the Boeing Thre • Department and theAirport-,OperatiOns Office and all means to Coritqin and mitigatethespill-shallhe inunediately enployed . • . . - , I • Please be forewarned that if violations of any-Ottlieibbve regulations are observed, Letter of Warning-will be isSued.A subsequent violation of the same type will be grounds - for termination of operations until the violation is resolved. Thanking both of you in advance for your cooperation • sine- I • _ e Ryan 11, auf • - Manager,Ren on Airport • Cc:Mr.Eric Chapman,Hazardous Materials 4ed1alitt,Renton Fire Dept, Ms.Susan Campbell-liehr/Ms.Katherine Nye • Exhibit 4 • N 0 • ' 6 i 6 West l'erinieterRoad'-Rennin,Washington 98055-(425)430-7471/FAX(425)431)4472 • • AHEAD or THE coavr • (5)This paper •ccintalns tO.f.reci)ded rn*dai.30%Post ccimormr • ti(cY Q • CITY OF RENTON ♦. © Mayor Kathy Keolker April 18,2007 Ms. Diane O. Paholke Pro-Flight Aviation, Inc. 243 West Perimeter Road Renton,WA 98057 Subject: Request for Consideration to Expand Current Operations at Renton Airport • • Dear Ms. Paholke: • Thank you for your letter dated March 19,2007,in which you inquired about space availability on either Apron B or Apron C at the Renton Municipal Airport. The City of Renton did,receive your proposal for a corporate aviation center dated • October 31,2006. Your submission was one of three formally received by the City of • Rentonin,response.to a published request for proposals(REP). As you know,the City is re-evaluating the policy direction that guided the advertising:for the corporate aviation center RFP. In addition,as mentioned in-your letter,the:City is diligently.working-.to , complete the Airport Layout Plan Update to the 1997 Airport Master Plan. -- • I have always appreciated your willingness to work with the Renton community,and your participation in numerous Renton Airport Advisory Committee meetings. I also appreciate your desire to run a quality business at the Airport. . • Over the last few years,the City has been,committed to developing the Airport based on a set of guiding policies that call for the need to balance economic activity; and the need to manage noise, to the best extent possible.With this;in'.mind,the.City Council adopted- " the 2002 Airport Business Plan and the 2005 Airport Development Study. These two documents have provided the policy guidance for the Airport Layout Plan Update to the Master Plan. This update is currently underway. In a perfect world,the plan is completed, and then the plan is executed. In the meantime, • however,the City must still accept and act upon reasonable requests for r property. This is especially true when a request is made.by a prospective tenant, whose request can be reasonably accommodated, but has no place on the Airport from which they can currently operate their business. In-the case of"AcuWings, the company requested to lease property for a flying,school long before the RFP was published. At time,AcuWings was a sub-lessee of a tenant on the Airport,but lost its lease. -Upon losing its sublease, Exhibit 5 • 1055 South Grady Way-Renton,Washington 98057-(425)430-6500/FAX{425)430-6523 ARENTON �� AHEAD OF THE CURVE •* This paper curtains 50%recycled materiel,30%post consumer = Diane Paholke • April 18,2007 Page 2 AcuWings requested to leasedirectly from the City. Due to the federal grant assurances, the City was obligated to consider and act upon its reasonable request. Currently, AcuWings has no leased property on the Airport,but the City is working actively to make appropriate leased space available to the company on Apron B. • In responding and acting upon AcuWing's requests to lease property,City staff has considered the most likely use of Apron B,given its dimensional constraints. Staff has also considered various alternative uses of that property as shown in the Airport Layout Plan alternatives. Relocating and leasing a manufactured building on Apron B to AcuWings on a short-term building lease is the.preferred approach to Meeting their request for space. The location and layout of the building is consistent with the layout of -~-Apron B as shown in Airport Layout Plan alfcrnatifes 3a,3b,and 3aJb. Again, I appreciate your willingncssto`slkareyour: terns and frustrations regarding previous-requests for leased space.: ono Cit'Council ha-'zlecided to re-evaluate their previously adopted policieregariztinitte4rekelopmetu oftee4irport. I have directed staff to work with the Council to''ex„pedrte"their review art`s u+p ktoward a final solution. Sincerely, Kathy Keo ker Mayor . Referral#36-2007 z fi 5 . - - E. ...- .,fix• ' cc: Renton City Councilmeinbers "� '�r=- r tt:. =.:• '"'` Jay Covington,Chief Administrative Officer Gregg Zimmerman,PBPW Administrator Peter Hahn,Deputy.PBPW.Administrator-Transportation Ryan Zulauf,Airport Manager Julia Medzegian,Council.Liaison 07_950/KR:aa Exhibit 5 • or . CITY OF RENTON 6s`-' - '),,Ff + Planning/Building/Public Works Department ■ - Municipal Airport �,1 Kathy Keolker,Mayor • �zvT° -September 6,2007 ProFlight Aviation AT TN:Diane Paholke 243 Perimeter Road West • Renton,WA 98057 RE: RENTON AIRPORT RENTAL RATE ADJUSTMENT FOR PROFLIGHT AVIATION, INC. Dear Mrs.,Paholke; Under provision 9 of the-ProFlight Aviation lease, LAG 99-002/Addendum 01-04,the annual ground rental rate of$03287 per square foot per year was to remain in effect until August 1, 2007. Effective as of that date,Section 10 of the addendum stipulates thatthe rental rate shall ' automatically be readjusted utilizing:the.Consumer Price Index.for Urban Seattle-Tacoma- - Bremerton,or if the intentis to use means other than the Consumer-Price Index-Urban,a written letter of notification will be provided. . . ' This letter is to notify you that the City intends to adjust the ground rental rate by"means other than the Consumer Price Index-Urban" for the period effective August 1,2007 through August 1, .,.,,,1 2010. It is the City''s intent to use a receirt market appraisal studyto increase ProFlight . Aviation's rental rate. ' • • ProFlight Aviation's new rental rate will be$4.57 per square foot per year for the 35,595 square feet identified in Lease Agreement LAG 01-04. 'Land Rental Payment Schedule Land rental rate 35,595 square feet @$0.57/square foot per year=- $20,289.15 annual rent;plus Leasehold Excise Tax. A-new lease addendum will lie Lire fared*li ch will iifelude the appraised ground rate adjustment. If you have any questions,please contact me at 425-430-7471. Si ely, /40 Ryan ulauf, - Airport Manager . cc: Susan Campbell-Heir/Carolyn Currie,,Airport Secretary Exhibit Gis _____- _ ,.� 616 West Perimeter Road-Renton,Washington. 98055-(425)430-7471 /FAX-(425)430-7472 RENT-ON AHEAD OF THE CURVE Thi.naruw mntay.c SM/m.Nwrf nutPria1 IML,r ervw nnar Are CITY OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Municipal Airport °'fir►'' November 19, 1999 Ms.Diane Paholke Pro-Flight Aviation 540 W. Perimeter Rd Renton, WA 98055 RE: Lease Agreement, LAG-99-002 Dear Ms. Paholke, Enclosed please find a fully executed, recorded lease document for property at the Renton Airport. Please disregard if you have already received this document, otherwise, please Noe keep this document for your records. If you have any questions, feel free to contact the Airport Manager's office at 425-235- 2591. Sincerely, & a ( tpL / J4t Susan Campbell-Hehr Airport Secretary Enclosure(1) Exhibit 7 616 West Perimeter Road - Renton, Washington 98055 - (425)235-2591 * This paper contains 50%recycled material,20%post consumer aNiad Return Address: ti City Clerk's Office City of Renton 1055 S. Grady Way Renton, WA 98055 Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled A in) 1. Lease Agreement w Reference Number(s)of Documents assigned or released: N/A I -CfICAGO T TL INS 0. C`4 REF# 9, - � �> Additional reference#'s on page of document 9,( 2q Grantor(s)(Last name first,then first name and initials) 1. The City of Renton C Grantee(s)(Last name first,then first name and initials) 1.Pro-Flight Aviation,Inc. Legal description(abbreviated: i.e.lot,block,plat or section,township,range) Portion of the Southwest Quarter of the Southeast Quarter of Section 7,Township 23 North,Range 5 East ®Additional legal is on page 19 of document. Assessor's Property Tax Parcel/Account Number 072305-9007 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. ORIGINAL Exhibit 7 LAG 99-002 LEASE AGREEMENT City of Renton to Pro-Flight Aviation THIS IS A LEASE AGREEMENT between THE CITY OF RENTON, a Washington municipal corporation("Lessor"), and Pro-Flight Aviation,Inc.,a Washington corporation("Lessee"). IN CONSIDERATION of the covenants and agreements hereinafter set forth, the parties agree as follows: I. GRANT OF LEASE: la. Legal Description: A plat of ground,the majority of which is paved with concrete and asphalt, located on the west side of the Renton Municipal Airport generally between and opposite, when measured perpendicularly, runway station 14+90.26 and runway station 17+90.99, containing 30,464 square feet, more or less, being a portion of the real property described in Exhibit ('7 "A"(Legal Description),and illustrated on Exhibit"B"(Lease Map)attached hereto and made a part hereof as is fully set forth herein(the "Premises"). SUBJECT TO: `erre (1) Easements, restrictions and reservations of record and as further set forth herein; • v (2) Such rules and regulations as now exist or may hereafter be promulgated by the Lessor from time to time,including the Airport's Minimum Standards which are incorporated herein by this reference,and Lessor's standards concerning operation of public aviation service activities from the Airport;and (3) All such non-discriminatory charges and fees for such use as may be established from time to time by Lessor;and TOGETHER WITH the privilege of Lessee to use the public portion of the Airport, including runway and other public facilities provided thereon, on a non-exclusive basis. lb. No Conveyance of Airport: This Lease Agreement shall in no way be deemed to be a conveyance of the Airport, and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein. The Lessor reserves the right to lease or permit the use of any portion of the Airport for any purpose deemed suitable for the Airport, except that portion that is leased hereby. LEASE AGREEMENT 1 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 LAG 99-002 lc. Nature of Lessor's Interest: It is expressly understood and agreed that Lessor holds and operates the Airport, and the Premises under and subject to a grant and conveyance thereof to Lessor from the United States of America, acting through its Reconstruction Finance Corporation, and subject to all the reservations, restrictions,rights,conditions,and exceptions of the United States therein and thereunder, which grant and conveyance has been filed for record in the office of the Recorder of King County, Washington, and recorded in Volume 2668 of Deeds, Page 386; and further that Lessor holds and operates said airport and premises under and subject to the State Aeronautics Acts of the State of Washington (chapter 165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. It is expressly agreed that the Lessee also accepts and will hold and use this lease and the Premises subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing,and if this lease or the period thereof or any terms or provisions thereof be or become in conflict with or impaired or defeated by any such legislation, rules, regulations, contingencies or risks, the latter shall control and, if necessary, modify or supersede any provision of this lease affected thereby, all without any liability on the part of or recourse against the Lessor in favor of Lessee, provided that Lessor does not exceed its authority under the foregoing legislation, rules and regulations. id. Future Development/Funding: Nothing in this lease contained shall operate or be C./ construed to prevent or hinder the future development, improvements, or operation of Airport by Lessor, its agents, successors or assigns, or any department or agency of the State of Washington or C of the United States, or the consummation of any loan or grant of federal or state funds in aid of the development,improvement, or operation of the Renton Airport. C2. TERM: 2a. Initial Term: The term of this lease shall be for a twenty (20) year period commencing on August 1, 1998,and terminating on July 31,2018. 2b. Option to Extend Term: In the event that Lessee has fully and faithfully complied with all the terms and conditions of this Lease Agreement_through July 31, 2018, Lessor will grant unto Lessee the option to renew or extend this Lease for a further five(5)year term, commencing on the expiration of the initial term hereof and terminating on July 31, 2023, upon the same terms and conditions provided herein. In the event that Lessee has fully and faithfully complied with all the terms and conditions of this Lease Agreement through July 31, 2023,Lessor will grant unto Lessee the option to renew or extend this Lease for a further five (5) year term, commencing on the expiration of the first extended term and terminating on July 31,2028. 2c. Rental: The amount of rental to be paid during any extended term shall be computed as if the extended term was a part of the initial term. 2d. Notice: Notice of Lessee's intent to exercise the option to extend the term of this lease shall be the notice specified in Paragraph 23. Upon the exercise of this option to extend the LEASE AGREEMENT 2 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 `row LAG 99-002 term of this lease, the parties shall execute an addendum acknowledging the extension of the term of this lease and the new termination date of this lease. 3. RENTAL: 3a. Initial Rental: As rental for the above-described premises during initial lease term, Lessee shall pay unto Lessor a monthly rental in the sum of Seven Hundred Ten and 99/100 Dollars ($710.99), plus Leasehold Excise Tax as described in Paragraph 3i. below, payable promptly in advance on the first day of each and every month. All such payments shall be made to the Director of Finance, City Hall, 1055 South Grady Way, Renton, Washington 98055. The initial rental is computed as follows, and is based upon an estimated ground lease area (which the parties stipulate to be accurate)of 30,471 square feet. Rental Payment Schedule 30,471 sq. ft. @ $.28/sq. ft. per year = $8,531.88 annual rental, plus Leasehold Excise Tax. 04 3b. Rental Adjustment Date: Effective as of August 1, 1998, the starting date of this lease, and every three (3) years thereafter, said rental rate as herein specified shall be readjusted by and between the parties to be effective for each ensuing three(3)year period. 3c. Periodic Rental Lessor and Lessee do herebyagree that the annual rate of ) Adjustment: �' `ome Twenty Eight Cents ($0.28) per square foot per year shall remain in effect until July 31,2001, and effective as of that date the rental rate shall automatically be readjusted by and between the parties as specified in paragraph 3b, utilizing the increase of the Consumer Price Index, for each three (3) year period thereafter. Minimum base rental for any extended period shall not be less than the current annual rental of$8,531.88. 3d. Use of Consumer Price Index-Urban: Lessor and Lessee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index-Urban(CPI-U)then in effect for all urban consumers, as published by the US Department of Labor for Seattle.. 3e. Notice of Request for Readjustment of Rental: Lessor and Lessee do hereby further agree that at least thirty (30) days prior to the Rental Adjustment Date, either party shall, if they desire to adjust the base Iand rental rate for the ensuing three(3)year period by a means other than the Consumer Price Index-Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 3f. Arbitration: If the parties are unable to agree upon such adjusted rental by negotiation for a period of thirty calendar (30) days, then the parties shall submit the matter of the adjusted rental for the ensuing period to arbitration. Lessor and Lessee do hereby agree that the arbitration process shall be limited to not more than one hundred fifty(150) calendar days, using the following procedures: LEASE AGREEMENT 3 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 LAG 99-002 3g1). Lessor shall select and appoint one arbitrator and Lessee shall select and appoint one arbitrator, both appointments to be made within a period of sixty (60) days from the end of the negotiation period cited in paragraph 3e. Lessor and Lessee shall each notify the other, by Certified Mail, of the identity of their arbitrator and the date of the postmark of the letter shall be considered the date of appointment. The two appointed arbitrators shall meet, and if unable to agree within a period of thirty(30)days after such appointment,shall,within a period of thirty (30) days, select a third arbitrator. For this process, a maximum of one hundred twenty (120) calendar days shall be allowed. 302). The three arbitrators shall have thirty(30)days from the date of selection of the third arbitrator to reach a majority decision. The decision of the majority of such arbitrators shall be final and binding upon the parties hereto. For this process, a total of thirty (30) calendar days shall be allowed. 3f(3). The arbitrators shall be experienced real estate appraisers and be knowledgeable in the field of comparable airport rentals and use charges in King County and shall give due consideration to any change in economic conditions from the preceding rental period. 3f(4). Leasehold improvements made by the Lessee shall not be considered as part of the leased premises for the purpose of future adjustments or readjustments of the rental rates. 3f(5) The arbitrators shall make their decision in writing within sixty(60) days after their appointment, unless the time is extended by the agreement of both parties. After a review of all pertinent facts the board of arbitrators may increase or decrease such rental rate or continue the Cprevious rental rate for the ensuing five(5)year term. 3f(6). Each party shall pay for and be responsible for the fees and costs charged by the arbitrator selected by him. The fee of the third arbitrator shall be shared equally by the parties. 3f(7). The readjusted rental in each case,whether determined by arbitration or by agreement of the parties themselves, shall be effective as of the Rental Adjustment Date. 3g. Late Payment Charge: It is hereby further agreed that if such rental is not paid before the 10th of each month then there will be added a late payment charge of 5% per month for each month of delinquency until paid. It is agreed that this late payment charge is a reasonable estimate of the increased costs to the city of the staff effort to monitor and collect late payments, as well as related city expenses due to such late payment. If any check received by Lessor is returned unpaid for any reason,Lessor reserves the right to make an additional charge of Ten Dollars ($10.00). 3h. Attorneys Fees/Collection Charges: Should it be necessary to refer this lease to an attorney for collection or other court action involving breach of lease, occupancy after termination, or enforcement or determination of any other right and/or duty under this lease,then it is agreed that the prevailing party shall be entitled to recover its reasonable attorney's fees and costs of litigation as established by the court. If the matter is not litigated or resolved through a lawsuit, then any attorney's fees expenses for collection of past-due rent or enforcement of any right or duty hereunder LEASE AGREEMENT 4 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 LAG 99-002 Igoe shall entitle the city to recover, in addition to any late payment charge, any costs of collection or enforcement,including attorney's fees. 3i. Other Charges: Lessee further agrees to pay, in addition to the rentals hereinabove specified and other charges hereinabove defined,all fees and charges now in effect or hereafter levied or established by Lessor, or its successors, or by any other governmental agency or authority, being or becoming levied or charged against the premises, structures, business operations, or activities conducted by or use made by Lessee of, on, and from the leased premises which shall include, but not be limited to,all charges for light, heat,gas,power,garbage,water and other utilities or services rendered to said premises. 3j. Failure to Maintain Business Office: In the event Lessee fails to maintain the business office as required in paragraph 7a(4),the annual rental rate shall be doubled for such period of time and the Lessee shall be declared in default of the lease. The rental increase does not constitute approval of the default condition in accordance with paragraph 29, Cumulative Remedies. 4. LEASEHOLD EXCISE TAX: Lessee hereby agrees and covenants to pay unto Lessor C"? that certain leasehold excise tax as established by RCW Chapter 82.29A, as amended, or any replacement thereof which tax shall be in addition to the stipulated monthly rental and shall be paid `') separately to the Director of Finance,City of Renton,at the same time the monthly rental is due. In the event that the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this lease or the leasehold 1!7 estate, then Lessee agrees and covenants to pay said tax or charge, when due. Such tax or charge shall be in addition to the regular monthly rentals. 'tire cr) 5. PAYMENT OF UTILITIES AND RELATED SERVICES. Lessee shall pay for all light, heat, gas, power, garbage, water, sewer and janitorial service used in the Premises. Lessor shall not be liable for any loss or damage caused by or resulting from any variation, interruption, or failure of said utility services due to any cause whatsoever; and no temporary interruption or failure of such services incident to the making of repairs, alterations or improvements, or due to accident, strike,act of God,or conditions or events not under Lessor's control, shall be deemed a breach of the Lease or as an eviction of Lessee, or relieve Lessee from any of its obligations hereunder. 6. LESSEE'S ACCEPTANCE OF PREMISES. 6a. General Acceptance of Premises: By occupying the Premises, Lessee formally accepts the same in AS IS condition, and acknowledges that the Lessor has complied with all the requirements imposed upon it under the terms of this Lease with respect to the condition of the Premises at the commencement of this term. Lessee hereby accepts the premises subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that neither Lessor nor Lessor's agent has made any representation or warranty as to the suitability of the Premises for the conduct of Lessee's business or use. Except as otherwise provided herein, Lessor warrants Lessee's right to LEASE AGREEMENT 5 City of Renton to Pro-Flight Aviation,Inc. Naar Exhibit 7 LAG 99-002 *varlie peaceably and quietly enjoy the premises without any disturbance from Lessor, or others claiming by or through Lessor. 6b. Acknowledgment of Lessee's Ownership of Building and Improvements. Lessor acknowledges that the Lessee claims ownership of the building and certain other leasehold improvements within the building, and that Lessee is leasing only the ground area herein described. Lessee acknowledges that title to the building and any and all leasehold improvements shall be and become the property of the Lessor, and title shall pass and revert to Lessor, upon expiration of this lease, in accordance with the provisions of paragraph 10. Improvements. 6c. Agreement to Expand Leased Premises: Lessee agrees to lease additional land area, approximately 8,000 square feet in size, located to the north and the west of the leased premises identified in Exhibits A and B,when such property becomes available for use. Lessee further agrees to locate visitor and employee vehicle parking along a line extending east to west across and within the north edge of the leased property, and to generally assist the airport with the establishment of a separation of airside and landside activities to increase safety and security. 6c. Provision of Restroom Facilities: Lessee agrees to construct and/or provide restroom and/or toilet facilities for use by sub-tenants of outside tie-down aircraft storage spaces. The facilities so provided must be accessible by sub-tenants 24-hours per day, 7-days per week. Commercially available, portable chemical toilets are acceptable provided a neat and attractive appearance is maintained and the units are regularly serviced. The restroom/toilet facilities do not have to be available to the general public. The restroom/toilet facilities available to the general 0') public, required to be provided in connection with the authorized aeronautical activities, may be used O to satisfy this requirement, but they must be made available at times other than the normal business hours of the aeronautical activities. 7. PURPOSE: 7a. Use of Premises: The Premises are leased to the Lessee for the following described purposes: 7a(1) The maintenance of aircraft within the privately-owned hangar building identified as 540 West Perimeter Road, available as a service to the public. 7a(2) The storage of aircraft at outdoors tie-down locations, available as a service to the public. 7a(3) The conduct of Lessee's commercial aircraft services including flight training and aircraft leasing, available as a service to the public. 7a(4) Lessee must maintain a business office during normal business hours, five days per week,within the building identified as 540 West Perimeter Road. 7b. Continuous Use: Lessee covenants that the premises shall be continuously used for those purposes during the term of the lease,shall not be allowed to stand vacant or idle, and shall not LEASE AGREEMENT 6 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 `fir LAG 99-002 be used for any other purpose without Lessor's written consent first having been obtained. Consent of Lessor to other types of activities will not be unreasonably withheld. 7c. Non-Aviation Uses Prohibited: Lessee agrees that the Premises may not be used for uses or activities that are not directly related to aviation and require daily access to the runway and/or taxiway by aircraft serviced by or directly operated by the Lessee. 7d. Signs: 7d(1) Advertising: No advertising matter or signs shall be at any time displayed on the leased premises or structures without the written approval of Lessor, which will not be unreasonably withheld. 7d(2) Building Address: The building street number, as assigned by the City of Renton, shall be displayed in the upper right-hand corner of the west end of each building. The number size, type and color shall be as directed by the Airport Manager. 7e. Conformity with Rules: Lessee further covenants to keep and operate the Premises and C'I all structures, improvements,and activities in conformity with all rules, regulations and laws now or hereafter adopted by Lessor, including the Airport's Minimum Standards which are incorporated herein by this reference, the Federal Aviation Administration,the State Aeronautics Commission,or other duly constituted governmental authority,all at Lessee's cost and expense. L� 7f. Waste:Nuisance: Illegal Activities: Lessee covenants that he will not permit any waste, damage, or injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance thereon,nor the use thereof for any illegal purposes or activities. 7g. Increased Insurance Risk: Lessee will not do or permit to be done in or about the premises anything which will be dangerous to life or limb, or which will increase any insurance rates upon the premises or other buildings and improvements. 7h. Hazardous Waste: 7h(1). Lessee's Representation and Warranty: In particular,Lessee represents and warrants to the Lessor that Lessee's use of the Premises will not involve the use of any hazardous substance (as defined by R.C.W. Chapter 70.105D, as amended), other than fuels, lubricants and other products which are customary and necessary for use in Lessee's ordinary course of business. 7(h)2. Standard of Care: Lessee agrees to use a high degree of care to be certain that no such hazardous substance is improperly used, released or disposed on the Premises during the term of this lease by Lessee, its agents or assigns, or is improperly used, released or disposed on the premises by the act of any third party. LEASE AGREEMENT Exhibit 7 City of Renton to Pro-Flight Aviation,Inc. LAG 99-002 "100? 7h(3). Indemnity: 7h(3)(a) The parties agree that Lessor shall have no responsibility to the Lessee, or any other third party, for remedial action under R.C.W. Chapter 70.10SD, or other legislation, in the event of a release of or disposition of any such hazardous substance on, in, or at the Premises, and not caused by Lessor, during the term of this Lease. Lessee agrees to indemnify and hold harmless the Lessor from any obligation or expense, including fees incurred by the Lessor for attorneys, consultants, engineers, damages, including environmental resource damages, etc., arising by reason of the release or disposition of any such haiardous substance upon the Premises not caused by Lessor, including remedial action under R.C.W. Chapter 70.105D,during the term of this Lease. 7h(3)(b) The parties agree that Lessee shall have no responsibility to the Lessor, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other legislation, in the event of a release of or disposition of any such hazardous substance on, in, or at the Premises, and not caused by Lessee, prior to the term of this Lease. Lessor agrees to indemnify and hold harmless the Lessee from any obligation or expense, including fees incurred by the Lessee for attorneys, consultants, engineers, damages, including environmental resource damages, etc., arising by reason of the release or disposition of any such hardous substance upon the Premises not caused by Lessee,including remedial action under R.C.W.Chapter 70.105D,prior to the term of this Lease. C) C`.2 7h(4). Dispute Resolution: In the event of any dispute between the parties concerning Cn whether any release of or disposition of any such hazardous substance on, in or at the premises (a) occurred during the term of this lease, or (b) was caused by Lessor,the parties agree to submit the e•{ dispute for resolution by arbitration upon demand by either party. Each partyshall select one (1) l f� arbitrator. The two (2) selected arbitrators, if unable to agree upon an arbitration award within a period of thirty(30)days after such appointment,shall select a third arbitrator. The third arbitrator shall be an engineer with experience in the identification and remediation of hazardous substances. The arbitrators shall make their decision in writing within sixty (60) days after their appointment, unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the parties equally. 7i. Aircraft Registration Compliance: The Lessee is hereby notified of the Washington State law concerning aircraft registration. See Exhibit "C" Aircraft Laws and Regulations, Title 47.68.250 RCW: Public Highways and Transportation. 7i(1). Lessee shall annually, during the month of January, submit a report of aircraft status to the Airport Manager. One copy of this report shall be used for each aircraft owned by the Lessee, and sufficient forms will be submitted to identify all aircraft owned by the Lessee and the current registration status of each aircraft using the Aircraft Status Report form, See Exhibit "D". If an aircraft is unregistered, an Unregistered Aircraft Report, See Exhibit"E",will also be completed and submitted to the Airport Manager. 7i(2). Lessee shall require from an aircraft owner proof of aircraft registration or proof of intent to register an aircraft as a condition of leasing tiedown or hangar space for an aircraft. Lessee LEASE AGREEMENT 8 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 • '�rrr►w LAG 99-002 shall further require that annually, thereafter, each sublessee submits a report of aircraft status, see Exhibit"D",or an Unregistered Aircraft Report,see Exhibit"E". The Lessee shall annually,during the month of January,collect the sublessees'reports and submit them to the Airport Manager. 8. MAINTENANCE: 8a. Maintenance of Premises: The Premises and all of the improvements or structures thereon shall be used and maintained by Lessee in a neat,orderly, and sanitary manner. Lessor shall not be called upon to make any improvements, alteration, or repair of any kind upon the Premises. Lessee is responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves upon the Premises, including that blown against fences bordering the Premises, whether as a result of the operation of Lessee's aircraft tie-down storage activities or having been deposited upon the Premises from other areas. 8b. Removal of Snow/Floodwater/Mud: Lessee shall be responsible for removal of snow and/or floodwaters or mud deposited therefrom from the Premises, with the disposition thereof to be C') accomplished in such a manner so as to not interfere with or increase the maintenance activities of C'7 ) Lessor upon the public areas of the Airport. c 8c. Repair of Personal Property: It is further agreed that all personal property on the e 1 Premises shall be at the risk of Lessee only, and that Lessor or Lessor's agents shall not be liable for any damage either to persons or property sustained by Lessee or other persons due to the Premises or improvements thereon becoming out of repair. `41rye. v. 8d. Maintenance, Repair and Marking of Pavement: Lessee shall be responsible for the maintenance, repair and marking (painting) of pavement surrounding the buildings within the leased area. Such maintenance and repair shall be to Federal Aviation Administi ation standards as though the pavement were non-leased, public-use taxiway and/or apron pavement. Such maintenance and repair shall include, as a minimum, crack filling, weed control, slurry seal and the replacement of unserviceable pavement,as necessary. 8e. Lessor May Perform Maintenance: If Lessee fails to perform Lessee's obligations under this Paragraph, Lessor may at its option(but shall not be required to)enter the Premises, after thirty (30) days' prior written notice to Lessee, and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the rate of twelve (12%) percent per annum shall become due and payable as additional rental to Lessor together with Lessee's next rental installment. 9. ALTERATIONS. 9a. Lessor's Consent Required: Lessee will not make any alterations, additions or improvements in or to the Premises without the written consent of Lessor first having been obtained. 9b. Protection from Liens: Before commencing any work relating to alterations, additions and improvements affecting the Premises, Lessee shall notify Lessor in writing of the expected date of commencement thereof. Lessor shall then have the right at any time and from time to time to post and maintain on the Premises such notices as Lessee reasonably deems necessary to protect the LEASE AGREEMENT 9 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 LAG 99-002 Premises and Lessor from mechanics' liens, materialmen's liens or any other liens. In any event, Lessee shall pay, when due,all claims for labor or materials furnished to or for Lessee at or for use in the Premises. Lessee shall not permit any mechanics' or materialmen's liens to be levied against the Premises for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to Lessee's agents or contractors in connection with-work of any character performed or claimed to have been performed on the Premises by or at the direction of Lessee. 9c. Bond: At any time Lessee either desires to or is required to make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise, Lessor may at its sole option require Lessee, at Lessee's sole cost and expense,to obtain and provide to Lessor a lien and completion bond in an amount equal to one and one-half(1-1/2)times the estimated cost of such improvements, to insure Lessor against liability for mechanics and materialmen's liens and to insure completion of the work. 9d. Lessor May Make Improvements: Lessee agrees that Lessor, at its option, may at its own expense make repairs, alterations or improvements which Lessor may deem necessary or advisable for the preservation, safety or improvement of the Premises or improvements located thereon, if any. C) 9e. Notification of Completion: Upon completion of capital improvements made on the C, GPremises,it is the Lessee's responsibility to promptly notify Lessor of such completion. t*4 10. IMPROVEMENTS: As further consideration for this lease, it is agreed that upon any Nog It expiration of the term of this lease by default, or at the normal expiration of the term of this lease,to C wit, July 31, 2018, or at the end of executed extensions thereof, if any, as provided within this lease, but in no case later than July 31, 2028,all structures and any and all improvements of any character whatsoever installed on the Premises shall be and become the property of the Lessor, and title thereto shall pass and revert to Lessor at such termination, and none of such improvements now or hereafter placed on the Premises shall be removed therefrom at any time without Lessor's written consent.The Lessor shall have the alternative, at its option, to require Lessee, upon the expiration of the term or extensions thereof, if any, to remove any and all improvements and structures installed by Lessee from the Premises and repair any damage caused thereby, at Lessee's expense. 11. LIMITATION UPON LESSOR'S LIABILITY. Lessor shall not be liable for any damage to property or persons caused by, or arising out of(a) any defect in or the maintenance or use of the Premises, or the improvements, fixtures and appurtenances of which the premises constitute a part; or (b) water coming from the roof; water pipes, flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or(c)any act or omission of any Lessee or other occupants of the building, or their agents, servants, employees or invitees thereof. 12. INDEMNITY: Lessee covenants to indemnify and save harmless Lessor against any and all claims arising from the conduct and management of or from any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the lease term, or arising from any act or negligence of the Lessee or any of its agents, contractors,patrons, customers, LEASE AGREEMENT 10 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 "%w e LAG 99-002 or employees, or arising from any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or other entity occurring during the lease term on, in, or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the Lessor by reason of any such claim, except such claims arising directly or indirectly out of Lessor's sole act or omission. Lessee, on notice from Lessor, shall resist or defend such action or proceeding forthwith. 13. ASSIGNMENT: 13a. Assignment/Subletting: This lease or any part hereof shall not be assigned by Lessee, by operation of law or otherwise, nor shall the premises or any part thereof be sublet without the prior written consent of Lessor, which consent shall not be unreasonably withheld, subject to Lessor's receipt of commercially reasonable evidence that the proposed assignee or subtenant is in a financial condition to undertake the obligations of this lease,and,in the event of assignment, Lessor's receipt of an affidavit from the proposed assignee stating that it has examined this lease and agrees to assume and be bound by all of Lessee's obligations under this lease, to the same extent as if it were the original Lessee. If Lessee is a corporation,the transfer of a majority of Lessee's stock shall constitute an assignment for purposes of this paragraph. r1 13b. Subletting: Lessee may sublet portions of the Premises for the purpose of aircraft tie- C2 down storage, only, without the prior written approval by the Lessor of this permitted use, on a month-to-month or longer basis (but not longer than the term of this Lease), provided that Lessor is Now �C'' informed on at least an annual basis, in writing, of the name of the sublessee(s), the purpose of the sublease, the amount of the rental charged, and the type of aircraft stored (make, model and registration number). Such information shall be disclosed upon request by Lessor. 13c. Subsequent Consent Required: In the event written consent to assignment or subletting shall,be given by Lessor, no other subsequent assignment, assignments, or subletting shall be made by such assignee or assignees, or sublessee, without the prior written consent of Lessor. It is expressly agreed that if consent is once given by the Lessor to the assignment of this lease or any interest therein or to the subletting of the whole or any part of the premises,then Lessor shall not be barred from afterwards refusing to consent to any further assignment of said lease or subletting of said leased premises. 13d. Release of Lessee's Liability: No subletting shall release Lessee of Lessee's obligation to pay the rent and to perform all other obligations to be performed by Lessee hereunder for the term of this Lease. No assignment shall so release Lessee unless Lessor's consent is obtained pursuant to Paragraph 13.1. In the event that Lessor's consent to assignment is so obtained, Lessee shall be relieved of all liability arising from this lease and arising out of any act, occurrence or omission occurring after Lessor's consent is obtained. The Lessee's assignee shall be deemed to have assumed and agreed to carry out all of the obligations of Lessee under this lease. LEASE AGREEMENT 11 City of Renton to Pro-Flight Aviation, Inc. Exhibit 7 LAG 99-002 14. DEFAULT: 14a. Events of Default: It is expressly understood and agreed that in the event the Premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without consent of the Lessor, the Lessee shall sell, assign, or mortgage this lease, or if default be made in the performance of any of the material covenants and agreements in this lease contained on the part of the Lessee to be kept and performed, or if Lessee shall fail to comply with any of the statutes, ordinances, rules,orders, regulations, and requirements of the federal, state, and city governments, or if Lessee shall file a petition for bankruptcy or be adjudicated a bankrupt, or make assignment for the benefit of creditors or take advantage of any insolvency act,the Lessor may,if it so elects,at any time thereafter,terminate this lease and the term hereof,on giving to the Lessee thirty(30)days notice, in writing, of the Lessor's intention to do so if the event causing the default is not corrected. 14b. Additional Security: In the event of default as provided above, which default remains uncured for more than ten(10) days after Lessor notice of default, Lessor may request and C Lessee shall provide adequate assurance of future performance of all obligations under this lease. C2 The adequacy of any assurance shall be determined according to commercially reasonable standards. Adequate assurance shall include, but not be limited to, a deposit in escrow, a guarantee by a third C party acceptable to Lessor, a surety bond, or a letter of credit. Lessee's failure to provide adequate assurance within twenty(20)days of receipt of a request by lessor shall constitute a material breach and Lessor may in its discretion terminate this lease. 14c. Termination of Lease: Upon the expiration of either of the notice periods specified NIS in Paragraphs 14.1 or 14.2 above,and if the event causing the default is not corrected,this lease and the term hereof, together with any and all other rights and options of Lessee herein specified, shall expire and come to an end on the day fixed in such notice, except that Lessee's obligation and liability for any unpaid rentals or other charges heretofore accrued shall remain unabated. Lessor may thereupon re-enter said premises with or without due process of law,using such force as may be necessary to remove all persons or property therefrom,and Lessor shall not be liable for damages by reason of such re-entry or forfeiture. 15. RIGHT OF INSPECTION. Lessee will allow Lessor, or Lessor's agent, free access at all reasonable times to the Premises for the purpose of inspection, or of making repairs, additions or alterations to the Premises,or any property owned by or under the control of Lessor. 16. CONDEMNATION: If the whole or any substantial part of the Premises shall be condemned or taken by Lessor or any county, state, or federal authority for any purpose, then the term of this lease shall cease as to the part so taken from the day the possession of that part shall be required for any purpose, and the rent shall be paid up to that date. From that day the Lessee or Lessor shall have the right to either cancel this lease and declare the same null and void, or to continue in the possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken for such public purposes. All damages awarded for such taking for any public purpose shall belong to and be the property of the Lessor, whether such damage shall be awarded as compensation for the diminution in value to LEASE AGREEMENT 12 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 LAG 99-002 the leasehold, or to the fee of the premises herein leased. Damages awarded for the taking of Lessee's improvements located on the premises shall belong to and be awarded to Lessee. 17. SURRENDER OF PREMISES: Lessee shall quit and surrender the premises at the end of the term in as good a condition as the reasonable use thereof would permit, normal wear and tear excepted. Alterations, additions or improvements which may be made by either of the parties hereto on the Premises, except movable office furniture or trade fixtures put in at the expense of Lessee, shall be and remain the property of the Lessor and shall remain on and be surrendered with the Premises as a part thereof at the termination of this lease without hindrance, molestation, or injury. Lessee shall repair at its sole expense any damage to the Premises occasioned by its use thereof, or by the removal of Lessee's trade fixtures, furnishings and equipment which repair shall include the patching and filling of holes and repair of structural damage. 18. INSURANCE: 18a. Personal Property: It is agreed that Lessor shall not be held liable in any manner for, or on account of, any loss or damage to personal property of the Lessee, Lessee's invitees or other persons,which may be sustained by fire or water or other insured peril, or for the loss of any articles by burglary, theft or any other cause from or upon the Premises. It is acknowledged that Lessor does not cover any of the personal property of Lessee, Lessee's invitees or other persons upon the Premises through its insurance. Lessee, its invitees and other persons upon the Premises are solely responsible to obtain suitable personal property insurance. ttiroi"`"n, 18b. Liability Insurance. The Lessee agrees to maintain in force during the term of this c?' Lease a policy of comprehensive public liability and property damage insurance written by a company authorized to do business in the State of Washington against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. The limits of liability shall be in an amount of not less than$1,000,000.00 for injury to or death of one Tperson in any one accident or occurrence and in an amount of not less than$1,000,000.00 for injury to or death of more than one person in any one accident or occurrence, and of not less than $1,000,000.00 for property damage. The limits of said insurance shall not, however, limit the liability of Lessee hereunder. The insurance policy shall have a Landlord's Protective Liability• endorsement attached thereto. 18c. Insurance Policies: Insurance required hereunder shall be written in companies acceptable to Lessor and rated A-10 or better.in"Best's Insurance Guides". Lessor reserves the right to establish and, from time-to-time, to increase minimum insurance coverage amounts. Notice of increased insurance requirements shall be sent to the Lessee at least thirty (30) days prior to the annual renewal date of the Lessee's insurance. Coverages shall be submitted on forms prescribed by Lessor. Prior to possession, the Lessee shall deliver to Lessor copies of policies of such insurance acquired by Lessee,or certificates evidencing the existence and amounts of such insurance, with loss payable clauses satisfactory to Lessor. Lessor shall be named as an additional insured. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days' prior written notice to Lessor. Lessee shall, not less than thirty (30) days prior to the expiration of such policies, furnish Lessor with renewals or "binders" therefor. Lessee shall not LEASE AGREEMENT 13 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 LAG 99-002 14.110 do or permit to be done anything which shall invalidate the insurance policies referred to above. • Lessee shall forthwith, upon Lessor's demand, reimburse Lessor for any additional premiums attributable to any act or omission or operation of Lessee causing such increase in the cost of insurance. If the Lessee shall fail to procure and maintain said insurance the Lessor may, but shall not be required to,procure and maintain the same,but at the expense of Lessee. 18d. Waiver of Subrogation: Lessee and Lessor each waives any and all rights of recovery against the other, or against the officers,employees,agents and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control,where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Lessee shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 19. TAXES: Lessee shall be responsible for the payment of any and all taxes and assessments upon any property or use acquired under this agreement. 20. HOLDING OVER: If, without execution of any extension or renewal of this lease C'7 Lessee should remain in possession of the premises after expiration or termination of the term of this lease, then Lessee shall be deemed to be occupying the Premises as a tenant from month-to-month. All the conditions, terms, and provisions of this lease, insofar as applicable to a month-to-month tenancy, shall likewise be applicable during such period. 1.1:5 21. NO WAIVER: It is further covenanted and agreed between the parties hereto that no Nod waiver by Lessor of a breach by Lessee of any covenant, agreement, stipulation, or condition of this lease shall be construed to be a waiver of any succeeding breach of the same covenant, agreement, stipulation,or condition,or a breach of any other covenant agreement, stipulation, or condition. The acceptance by the Lessor of rent after any breach by the Lessee of any covenant or condition by Lessee to be performed or observed shall be construed to be payment for the use and occupation of the premises and shall not waive any such breach or any right of forfeiture arising therefrom. 22. NOTICES: All notices under this lease shall be in writing,and delivered in person, with receipt therefor, or sent by certified mail, in the case of any notice unto Lessor, at the following address: Airport Manager 616 West Perimeter Road Renton,Washington 98055 and in case of any notice unto Lessee, to the address of the Premises, or such address as may hereafter be designated by either party in writing. 23. DISCRIMINATION PROHIBII•bD: 23a. Discrimination Prohibited: Lessee covenants and agrees not to discriminate against any person or class of persons by reason of race,color,creed,sex or national origin in the use of any LEASE AGREEMENT 14 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 `` LAG 99-002 of its facilities provided for the public in the Airport. Lessee further agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge on a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that Lessee may make reasonable and non-discriminatory discounts,rebates,or other similar types of price reductions to volume purchasers. 23b. Minority Business Enterprise Policy: It is the policy of the Department of Transportation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5. Consequently,this lease is subject to 49 C.F.R. Part 23,as applicable. No person shall be excluded from participation in,denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases covered by 49 C.F.R. Part 23, on the grounds of race,color,national origin or sex. 23c. Application to Sub-leases: Subject to the provisions of Paragraph 13 of this Lease, Lessee agrees that it will include the above clause in all assignments of this lease or sub-leases, and cause its assignee(s)and sub-lessee(s)to similarly include the above clause in further assignments or sub-leases of this Lease. 24. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, C labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrections, war, or other reason of like nature not the fault of the party delayed Q"4 in performing work or doing acts required under the terms of this Lease, then performance of such act shall be extended for a period equivalent to the period of such delay. The provisions of this CI) paragraph shall not, however, operate to excuse Lessee from the prompt payment of rent, or any 7; other payment required by the terms of this Lease,to be made by Lessee. 25. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as set forth herein, all of the terms, conditions, and provisions of this Lease shall be binding upon the parties, their successors and assigns, and in the case of a Lessee who is a natural person, his or her • personal representative and heirs. 26. CAPTIONS: Article and paragraph captions are not a part hereof. 27. CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed exclusive,but shall wherever possible,be cumulative with all other remedies at law or in equity. 28. CORPORATE AUTHORITY: If Lessee is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation in accordance with a duly adopted resolution of the Board of Directors of said corporation and in accordance with the Bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. 29. TRANSFER OF PREMISES BY LESSOR In the event of any sale, conveyance, transfer or assignment by Lessor of its interest in the Premises, Lessor shall be relieved of all LEASE AGREEMENT 15 City of Renton to Pro-Flight Aviation,Inc. w Exhibit 7 LAG 99-002 ' liability arising from this Lease and arising out of any act, occurrence or omission occurring after the consummation of such sale,conveyance,transfer or assignment. The Lessor's transferee shall be deemed to have assumed and agreed to carry out all of the obligations of the Lessor under this Lease, including any obligation with respect to the return of any security deposit. 30. LESSEE'S RIGHT OF FIRST REFUSAL: 30a. Lessee shall have the first right, as against any other present or future tenants, licensees or lessees,to enter into a lease for the subject property,as such lease may become available upon termination of this lease on July 31, 2028. This right of first refusal shall exist only while the Lessee is a tenant and not in material default of this lease or extensions thereof, and shall be governed by the terms of this paragraph. 30b. The Lessee shall notify the Lessor on or before January 1, 2028 of its desire to enter into a new lease at the July 31, 2028 expiration date of this lease. The Lessor shall, on or before February 1,2028,notify the Lessee of the terms under which Lessor would agree to lease the subject property after July 31, 2028. On or before March 1, 2028, Lessee must notify the Lessor if its acceptance or rejection of the terms proposed by Lessor. 30c. If the Lessee rejects the terms proposed by the Lessor, the Lessor agrees that for a period ending June 30, 2028 it shall only seek to lease the subject premises upon the same terms as Gk' were offered to Lessee herein. Rmi C30d. In any event,if by June 30,2028 the Lessor is unable to secure a new Lessee upon the Cr) proposed terms,the Lessor shall then be free to lease the subject property to any party on any term. 31. NOTICE TO LESSEE OF LAND USE MA11ERS: Lessor shall provide to Lessee notice of changes,proposed changes, hearings regarding the same, and of all other proceedings and matters affecting the development or land use of the subject premises,to the same extent as if Lessee were the owner of the subject real property. 32. ENTIRE AGREEMENT: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only,signed by the parties in interest at the time of the modification. NOTHING FOLLOWS LEASE AGREEMENT 16 City of Renton to Pro-Flight Aviation,Inc. Exhibit 7 Nifty LAG 99-002 LESSEE: LESSOR: DIANE O. PAHOLKE THE CITY OF RENTON President a Washington municipal Pro-Flight Aviation, Inc. corporation By:224 D �� 1�%lfit/ B 41 _ s...► Diane O. Paholke j Mayor Jesse Tanner Its: President A!TEST: vsoituilii�f RrE,N,r ''% City Cler I "Fyn J. Petersen ri oh �wr to 1- �� (99 Date fir, (.1111111A MOO° '/ Ar ed as to legal form: o City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 61"'4- day of , 1999, before me personally appeared DIANE O. PAHOLKE,to me known (or roven on the basis of satisfactory evidence)to be the PRESIDENT of PRO-FLIGHT AVIATION, INC., the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. T.EASE AGREEMENT 17 City of Renton to Pro-flight Aviation, Inc. Exhibit 7 LAG 99-002 IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. O�•{ SION OGG'�1 �NOTARy�. °/ - e / :" BUG NOTAR IC in d fo e State of • • Washington,residing a A-144--Go.y.99.p2, � My commission expires �1 9 9'002 `k��fiyyggN\N= Print Name: \T-44.7 /4!•(� STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this (P* day of JA , 1999,before me personally appeared JESSE C2 TANNER,to me known (or proven on the basis of satisfactory evidence)to be the MAYOR of Cr) THE CITY OF RENTON, the municipal corporation that executed the within and foregoing Q instrument,and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. q0q)00161\‘C2rA/d1VCW NOTARY PUBLIC in and for the State of Washington, residing at My commission expires "�1c1 Print Name: b` P.-JA •rt'CSVctak. LEASE AGREEMENT Exhibit 7 18 City of Renton to Pro-flight Aviation,Inc. EXHIBIT "A" That portion of the Southwest Quarter of the Southeast Quarter of Section 7 of Township 23 North, Range 5 East, W.M., described as follows: BEGLN LNG at a point, when measured perpendicular to the runway centerline, which is opposite runway Station 0+00 on the Renton Municipal Airport west side base line, which is located 350 feet west of and parallel to the runway centerline; then N 4°49'41" W along the west side base line a distance of 1,490.08 feet; thence S 85°10'19" W a distance of 25 feet to the True Point of Beginning: Thence S 85°10'19" W a distance of 133.59 feet; thence N 3°18'02" E a distance of 15.00 feet; thence N 86°4I'58" W a distance of 10.00 feet; thence N 3°18'02" E a distance of 80.10.00 feet; thence N 85°10'17" E a distance of 17.14 feet; thence N 3°30'56" W a distance of 15.00 feet; thence S 85°10'26"W a distance of 15.35 feet; thence N 3°18'02" E a distance of 40 feet; thence N 85°10'19" E a distance of 54.40 feet; thence N 4°49'41" W a distance of 130.43 feet; thence N 84°52'39" E a distance of 65.00 feet; thence S 4°49'41"E a distance of 300.91 to the True Point of Beginning. Nriow Tai In 1$ Exhibit 7 PQM. GATE P.M. P.M. 65' 51k17+90.99 N.84.52'39-EPA. 3 n m n z V1 54.4' " e N.8510'19 E.P,M. 8 z Cb O 50. F1. 30,470.12 P.M. Cr) 15.35' 444 sin'10'26-W _J 60' 15' �L'1 N.3'17'4t w. P13'30'566W. C17.14' Cr) N.85't0't7'E. MJ z PRO- FLIGHT AVIATION O o 540 W. PERIMETER RD 00 10' N.86'4 I'58"W. 5' 5.65'10'19'w, TPOB 51A, 14+9008 N.53'18'2'w. 133.59 RENTON MUNICIPAL AIRPORT PRO- FLIGHT AVIATION MON: W.A. PAIL: 6/18/98 SCAM" NTS APPROVCD: nnz mkt PRO—FLT IIxczr. or. N0. =maw(OM A T WI APPR. Exhibit 7 Niue AIRCRAFT LAWS AND REGULATIONS Title 47 RCW: Public Highways and Transportation 47.68.250 Registration of aircraft. Every aircraft shall be registered with the department for each calendar year in which the aircraft is operated or is based within this state. A fee of four dollars shall be charged for each such registration and each annual renewal thereof. Possession of the appropriate effective federal certificate, permit, rating or license relating to ownership and airworthiness of the aircraft,and payment of the excise tax imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section shall be the only requisites for registration of an aircraft under this section. The registration fee imposed by this section shall be payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January,and shall be collected by the secretary at the time of the collection by him or her of the said excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met. he or she shall thereupon issue to the owner of the aircraft a certificate of registration therefore The secretary shall pay to the state treasurer the registration fees collected under this section. which registration fees shall be credited to the aeronautics account in the general fund. It shall not be necessary for the registrant to provide the secretary with originals or copies of federal certificates. M permits. ratings, or licenses The secretary shall issue certificates of registration, or such other evidences of registration .)r payment of fees :ns he or she may deem proper: and in connection therewith may Irrrscrioc requirements for the possession and exhibition of such certificates or other evidences The nrnvisions of this section shall not apply to. (I) An aircraft owned by and used exclusively in the service of any government or any political subdivision �rllr" thereof, including the government of the United States, any state, temtory, or possession of the United States. (� or the District of-Columbia.which is not eneaged in carrying persons or property for commercial purposes: ;2) An:,ircraft registered tinder the iaws of a foreign country. ( ) aircrn is which is owned by a nonresident,and registered in another state: Provided. That :f said aircraft shall remain in and/or be based in this state for a period of ninety dr:c or ion3er u a:all not be exempt under this section; (4) An aircratt engaged principally in commercial flying constituting an act of in_crstatc or !brew': commerce; (.) An aircraft owned by the commercial manufacturer thereof while being operated fo-:est r expernnen:ai purposes. or for the purpose of training crews for purchasers of the aircraft. (6) An aircraft being held for sale;exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW. (7) An aircraft based within the state that is in an unairworthy condition, is not operated within the registration period,and has obtained a written exemption issued by the secretary. The secretary shall be notified within one week of any change in ownership of a registered aircraft The notification shall contain the N. NC, NR NL, or NX number of the aircraft, the full name and address of the former owner. and the full name and address of the new owner. For failure to so notify the secretary, the registration of the aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of ten dollars by the new owner. "HOUSE BILL ii403 TRANSFERRED AIRCRAFT REGISTRATION RESPONSIBILITY FROM THE DEPARTMENT OF LICENSING TO THE DEPARTMENT OF TRANSPORTATION. AVIATION DIVISION Exhibit "C" to Pro-flight Aviation - Exhibit 7 Aviation Division Washington State Department of Transportation 8900 East Marginal Way South Seattle,WA 98108 I-800-552-0666 ANNUAL CERTIFICATE OF AIRCRAFT STATUS 1, ce ,tt; tnat 1 am the owner of Ng (listed below)and it will not be flown/or is exempt from registration during 19 because(Please describe why exemption is requested) Tach Time: 1 Make: Hobbs Time: Model: Serial#: �{ Address where aircraft is located L i understand that if an exemption from aircraft registration is granted, lam still liable for personal property tax on m -itrcraft 1 understand annual completion of this form is required for exemption 1 wtl'. receive a notice in January of each year Signature Address City,State,Zip Date a-n 0 o 5 a .� '�'ke4,. i .0s'sf s5 aS 9.. �w lyse ea�r� < ? srY;L 1 x,e a >' t a �c S7 f 'itw ?\x,: s•• 4 > 3� i iY s l ,as Y Mt�'S � aT t�'! yl�ti`�3' 3a � `. =SH'i S ', Z'413 gr v, 2 i f e, rd tos��3<<a 5 d7.et� ..0"<S, a^N. ».... > e �!tSa!> yet t1i s+ Ft f �^1,���Y KY,.S S��,d" iyr';a?%fig it4 .`Vg t*.,r��g�ta$'".a8;t4f '.. 4;i':,: ` .'M.k ' -uc'g h'0;oln§r Exhibit "D" to Pro-Flight Aviation A copy of this form will be returned for owner's records. Exhibit 7 '' UNREGISTERED AIRCRAFT REPORT AIRPORT INFORMATION AIRPORT NAME CONTACT NAME PHONE LESSEE INFORMATION(Unregistered Aircraft Only) NAME FAA NUMBER SERIAL NUMBER ADDRESS TELEPHONE NUMBER DATE OF LEASE OR RENEWAL A/PManagers:Please-ieturn'to Washkgtdii te`'`Ai•iatfon btiFtsion'890nY argbiariFayS,,'Seattle, WA 98108 UNREGISTERED AIRCRAFT REPORT AIRPORT INFORMATION AIRPORT NAME I CONTACT NAME • PHONE LESSEE INFORMATION(Unregistered Aircraft Only) NAME FAA NUMBER SERIAL NUMBER ADDRESS TELEPHONE NUMBER DATE OF LEASE OR RENEWAL A/P Managers:Please return to WailiinjtOn SYnleAulgtioir t ivtsion.'g900` Marginal`Way S,Seattle, WA 98108 Exhibit "E" to Pro-Flignt Aviation Nome Exhibit 7 CITY OF RENTON COUNCIL AGENDA BILL AI#: d -P Submitting Data: For Agenda of: Nov. 5, 2007 liof Dept/Div/Board.. Community Services Staff Contact Leslie Betlach x6619 Agenda Status Kelly Beymer x6803 Consent Subject: Public Hearing.. Correspondence.. Proposed golf course fee increases Ordinance X Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Refer to Committee of the Whole Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $40,180 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Community Services proposes raising the 18-hole weekday and weekend green fees, 9-hole senior weekday green fee, and adding a new driving range fee, in order to cover the costs to provide services. These fee increases have been incorporated into the 2008 budget. STAFF RECOMMENDATION: Authorize increased golf course green fees and add a driving range fee for 2008. Rentonnet/agnbill/ bh a. (cY ®0� COMMUNITY SERVICES DEPARTMENT • _kiwi + ,a fie$/ MEMORANDUM DATE: October 25, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: �i4 Kathy Keolker, Ma or • FROM: `(' Terry Higashiyama; ommunity Services Administrator STAFF CONTACT: Leslie Betlach, Parks birector, x6619 Kelly Beymer, Golf Course Manager, x6803 SUBJECT: 2008 Proposed Fee Increases for Golf Course ISSUE: Should the Council approve the proposed 2008 increases to identified golf course green fees, and add an additional driving range fee? BACKGROUND: The Community Services Department proposes raising the 18-hole weekday and NNW weekend green fees, 9-hole senior weekday green fee, and adding a new "warm-up bucket" driving range fee. Fee increases are based upon a competitive market analysis with nearby golf courses. All other fees will remain unchanged. The increased fees will provide revenue to continue to provide services and maintain the course and building facility. STAFF RECOMMENDATION: Authorize the increases to the golf course green fees, and adding an additional driving range fee, for 2008. LB:maa Enc. cc: Jay Covington,CAO Mike Bailey,F&IS Administrator Norrr h:\human_se\-ma's file\for leslie betlach\legislation\ord 08 golf issue paper.doc r CITY OF RENTON,WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, FEE SCHEDULE, OF TITLE V, FINANCE AND BUSINESS REGULATIONS, OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON" BY INCREASING CERTAIN GOLF COURSE GREEN FEES AND ADDING A DRIVING RANGE FEE. WHEREAS,the City of Renton wishes to provide to its citizens the most cost effective services possible; and WHEREAS, the City Council has adopted a policy that the golf course fees shall cover the costs of services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-1-5 of Chapter 1, Fee Schedule, of Title V, Finance and Business Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: A. Green Fees: The cost of golf course green fees shall be as follows: 18 Hole/Weekday: $29.00 18 Hole/Weekend: $33.00 9 Hole/Weekday: $19.00 9 Hole/Weekend: $19.00 18 Hole Senior/Weekday: $19.00 9 Hole Senior/Weekday: $15.00 18 Hole/Junior/Weekday: $16.00 9 Hole/Junior/Weekday: $12.00 For purposes of this section, "weekend" shall mean Friday, Saturday, and Sunday. ORDINANCE NO. "Weekday" shall mean the remaining four days of the week. B. Golf Cart Fees Nome 18-Hole fee: $ 24.00 9-Hole fee: $ 14.00 C. Driving Range Fees Large Bucket: $ 7.00 Small Bucket: $ 4.00 (New)Warm-up Bucket: $ 2.00 D. Lesson Fees 1/2 Hour Private: $ 40.00 1 Hour Private: $ 60.00 1/2 Hour Series Private: $140.00 1 Hour Series Private: $220.00 Group Series: $ 90.00 SECTION II. This ordinance shall be effective April 1, 2008, except that the Driving Range Fees shall be effective January 1, 2008. Now 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 Date of Publication: ORD.1402:10/31/07:ch Now 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: � „a Submitting Data: Planning/Building/Public Works For Agenda of: November 5, 2007 Dept/Div/Board.. Development Services Division Staff Contact Arneta Henninger X7298 Agenda Status Consent X Subject: Public Hearing.. Honey Brooke West(A.K.A. Sagecrest)Final Plat Correspondence.. Ordinance File No.: LUA 07-067FP (Preliminary Plat LUA 05- Resolution X 055) Old Business Exhibits: New Business 1. Resolution and legal description Study Sessions 2. Staff report and Recommendation Oct. 25, 2007 Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: This final plat subdivides 8.33 acres into 51 single family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved and accepted or deferred (and a security device posted) as required through the Development Services Director prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Honey Brooke West(A.K.A. Sagecrest) Final Plat, LUA 07-067FP,with the following condition and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. CITY OF RENTON, WASHINGTON Noire RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (HONEY BROOKE WEST (AKA SAGECREST) FINAL PLAT; FILE NO. LUA-07-067FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or *ow roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; 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 final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The Jroperty, consisting of approximately 8.33 acres, is located in the vicinity of NE 6 Street and Hoquiam Avenue NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated October 25, 2007. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of October, 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1305:01/29/07:ch *401004 2 • EXHIBIT 'A' LEGAL DESCRIPTION OF UNDERLYING PROPERTY (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 4261-649439 DATED JANUARY 9, 2007) PARCEL A: LOT 2 OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 UNDER KING COUNTY RECORDING NO. 8206180434, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 11 FEET OF THE NORTH 80 FEET. PARCEL B: THE NORTH 97.39 FEET OF THE EASTERLY 206.01 FEET, AS MEASURED ALONG THE NORTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET FOR COUNTY ROAD; TOGETHER WITH THE EAST 11 FEET OF THE NORTI-1 80 FEET OF LOT 2 OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 UNDER KING COUNTY RECORDING NO. 8206180434, IN KING COUNTY, WASHINGTON. PARCEL C: THE WEST HALF OF THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON; TOGETHER WITH THE WEST 25 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON; EXCEPT THE NORTH 90 FEET THEREOF. PARCEL D: THOSE PORTIONS OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: THE WEST 25 FEET OF THE NORTH 90 FEET OF THE SOUTHEAST QUARTER OF THE " NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST Honey Brooke West CIt\ of Renton QUARTER; AND THE NORTH 90 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST; EXCEPT THE WEST 25 FEET THEREOF. PARCEL E: A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 88°20'43"WEST, ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 30.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE A DISTANCE OF 275.61 FEET TO THE EAST LINE OF THE WEST 25 FEET OF SAID SUBDIVISION; THENCE SOUTH 0°10'02"WEST, ALONG SAID EAST LINE A DISTANCE OF 329.43 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE SOUTH 88°20'52" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 275.51 FEET TO THE WEST LINE OF THE EAST 30 FEET OF SAID SUBDIVISION; THENCE NORTH 0°11'06" EAST, ALONG SAID WEST LINE, A Ned DISTANCE OF 30.01 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 100.03 FEET; THENCE NORTH 0°11'06" EAST A DISTANCE OF 99.03 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 82.49 FEET; THENCE SOUTH 0°10'02" WEST A DISTANCE OF 99.03 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 73.02 FEET TO THE EAST LINE OF THE WEST 45 FEET OF SAID SUBDIVISION; THENCE NORTH 0°10'02" EAST, ALONG SAID EAST LINE, A DISTANCE OF 177.38 FEET TO THE SOUTH LINE OF THE NORTH 122 FEET OF SAID SUBDIVISION; THENCE SOUTH 88°20'43" EAST, ALONG SAID SOUTH LINE A DISTANCE OF 255.56 FEET TO THE WEST LINE OF THE EAST 30 FEET OF SAID SUBDIVISION; THENCE NORTH 0°11'06" EAST, ALONG SAID WEST LINE, A DISTANCE OF 122.04 FEET TO THE TRUE POINT OF BEGINNING. PARCEL F: LOT 1 OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 UNDER RECORDING NO. 8206180434, RECORDS OF KING COUNTY, WASHINGTON, SAID LOT BEING FURTHER DESCRIBED AS FOLLOWS: PARCEL 1: THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL 2: THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE , vigi SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, Honey Brooke West City of Renton **.r W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE NORTH 67 FEET THEREOF, AND EXCEPT THE EAST 30 FEET AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NO. 3065639, IN KING COUNTY, WASHINGTON. PARCEL G: THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 230 FEET THEREOF; ALSO EXCEPT THE WEST 25 FEET THEREOF; TOGETHER WITH THE WEST 10 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 230 FEET THEREOF; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON. PARCEL H: TRACT B OF SHORT PLAT NO. 1274035, ACCORDING TO THE SHORT PLAT SURVEY RECORDED UNDER RECORDING NO. 7601130712 AND CORRECTED UNDER *m` RECORDING NO. 7601210467, IN KING COUNTY, WASHINGTON. PARCEL I: THE SOUTH 140 FEET OF THE NORTH 230 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE WEST 25 FEET THEREOF, AND THE WEST 25 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 90 FEET AND EXCEPT THAT PORTION OF THE WEST 10 FEET LYING SOUTH OF THE NORTH 230 FEET OF SAID SUBDIVISION; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL J: TRACT A, KING COUNTY SHORT PLAT NO. 1274035, RECORDED UNDER RECORDING NO. 7601210467, BEING A CORRECTION OF SHORT PLAT RECORDED UNDER RECORDING NO. 7601130712, IN KING COUNTY, WASHINGTON. Honey Brooke West Citi of Renton NG NE 6TH ST • T ;(!^."ZlS�',:::,,.,� � i.5-. ^Y:., ,, :',,3 £.• -• ': _ .. _ z` - N S /1NISE o 5 I CSE NENE 5TH ST W Z J a ; ,....„..W N NE 4Th PL ---...„(-___- II AI:\OS\266\pI to\}\O1-3VN52R6.dwg 6/4/2007 1P54.19 AM PDT COPYRIGHT©2005,D.R.STRONG CONSULTING ENGINEERS INC. HONEY BROOKENEIGHBORHOODDETAIL WESMAP ®oRSSTRONNcweeRs ENE �SURVEYORS 1"=200' . 10, mP.ai rnee wga,wngm� • VOL/PG HONEY BROOKE WEST AKA SAGECREST A PORTION OF THE SW 1/4 OF THE SE 1/4,SECTION 10,TWA.23 N.,ROE.5 E.,W.M. CITY OF RENTON,KING COUNTY,WASHINGTON r30'IEU EASEMENT - _ __ 30'KING COUNTY 30'PUGET SOUND 1 PER SHORT PLAT �- 30'IEU EASEMENT �- WATER EASEMENT, ENERGY EASEMENT REC.NO 8206180434 NEC NO 8204090283 - REC.NO 8403230934&0403230935 N88'20'37"W NEC.N0.8312020783\ l-- LSB tS' 0 1532]- _ 8.2.00.00' ,5 588'20'37'E -�l9`1 2E 631,53' _ _ S88'20'3rE- 33312' \ NE 6TH STREET, 30'x20•PUGET SOUND ENERGY-I-� 17y,0' 11+04' �' +j — , EASEMENT REC NO 8312020782 Ll9,02' R0 99 , y 1 588'20'3]"E 3,9 22278' 200' o ft006,•'1 0 44' R�G �" I d,1.1A--.46.01* X51 62 53.00' 53.00' 33 44' A.9,4:51.4.,�-_- — _5�9'2-0'.I]"E- _ -_ --- -_ -_ - _ _ _- C1 G1 ✓;p=16'31 2� ` , 3631' 52 05' 58520'77"2 103.06•- J�_ ___ 10'UTILITY- ' ifo -(490}) -_A8_�C 69 51 02' _ 5205' (�y. I h5'O `N ('03') 500] L15'PRIVp TE `EASEMENT(00) a � 7�;(451+1- ._- - Pa9ii -dna:d?r. 5 500) 1� ( ) 10'UTILITY '1.,1,0;11 ) DRAIN ESM', 111 '5i1 • EASEMENT(TYP) � v of m 10'UTILITY 599i ,,(/ _ (5013) (5019) (5025) e 1 18 EASEMENT(TYP) a//(5001) n _ ,^m1 m 5183 SOFT I I. 5391 SUIT al,l 19 (575) 1 z V 49 z O o -�}- 6200 SOFT. 20 W 2 47 45266 SOFT z m 4526 SOFT 4903 SO FT (Si9j 61 21' n (576) 2.B' -.-DRAIN IESM'T 1 0 'o,\r l z m 48421 SOFT o f e w 589'000' E 1= 2t ,_904 I l S8951'20"E S89'S1'203E I 'l" a I 49741�SO,FT o 15Lc 9 PRIVATE- -1I 9000' 1 I 90.00' rr-6 o N 566 1000 53,00' 5300' 6000' DR mr.Esd'T l� LA F m (56R) 588'203'"E 1 0 5]Jl o t5'PRIVATE a o 15'PRIVATE-- o z fiO OD'_ 41 30' 176.00 z 2 ( DRAIN ESM', DRAIN ESM', In 4.500 Sr]ET 1 N o (570)17 P 0 20 (569) l i o `895'1 PRI ATE 101 30' 30' CURVE TABLE z 12 I I "'0 CURVE LENGTH RADIUS DELTA I 1 599'51'20"E 11 1 1 4500 SOFT o f 4500 SOFT, o I a DRAIN ESM', o I 01 9 37 179 00 3'00'02", 50 00' I 569.51'20"E L 589'51'20"E e I (562) 45 C2 19 98 221.06 5'10'45" I 90.00' 90.00' C3 18,50 2400 44'10'05" I I Is a 0 16 60' 5200 SOFT 04 18 12 50.00 20'45'51" ■ 3 154_j' I 2l I N L.ro.,_- 'W / 10130' z C5 1998 22106 5'10'43' N n 4500 SOFT 1 (564)1 Fj CS 9.26 76,00 6'50'00" •1 of'n L1 (563) _ 4736 SO.FT 588'20'41"E 94-'D' o f 4500 SOFT ml m l n o I O OR nn' N< < T 569'51'20"E _1 589'51'20"E I 1- r Q( ?di i'71I; TRACT 8 I R{Yj ---__-- 569"1'20"E11 -01 I 90 00' of l 6276 09° OPEN SPACE '80T Ho 11 � II q a^,,d o, TRACT GRAPHIC SCALE 11 o (,56)15 o 2�0 0 20 40 80 o ka 22(557) I ,p •7'0O o 1159' 59a Sa FT 1 En ' 45ue SOF 1 " • 1 500 SOFT 4539 SOFT a� i e N8&'2041 0/ 170 33' P - 1 1Nr =40 O FT 1111 --_--__.es5r_o[ 1 60 °'1' a 1 2791' NOON LEGEND w 90:J' _595 i1'^.('"E - .,r9 -- -- ': 9C 00 of I1 _ 5091E1'00"E I I ,F YI•I"FSLr'' o r-I 8500' T m _ tn (5501 SET 2"BRASS CAP MONUMENT 54 92 44 4z 3" CASE z m _540 5014 " 14 w ?3 (SSII z. 6743 SO Li - 506"REDAR AMU LAP 61 vy EL • 4_00 SOFT - 55-0 SO El oI n 4526 SOFT = "3801fi'SCT AT ALL LOTH970,1 1 CORNERS 5 "�2Y>1.I,L C 11 n 1 L--____ _ -_ _ \ 5i Stl951'20"E — te a^�10'UOLItt NET AREA=AREA LESS j NNW' 1 2700(1' ., t5'PP!2n ` _`rIr/ S89'502CE 8.011 EASEMENT(1 i�') ACCESS EASEMENT DRAIN ESM', '0 --ts'PRI';Ah N`r- 8500' FA f yl o (5002) r c 1 > (5008) (123/=ADDRESS 140 r, Z pNAN E`M'1 f 9 ! 1___ '(' 15�5008 50 FT 5 oII NII DRAIPRIESTAT) __1i. _��1 0` 8205131 5'L_ 9320'0 FUTURE O4 WAY LIRE ;. . W SB F RE RIGS,_ 5e_'_i 2u L I 24 521 -- (/842045'N! - - 1 - W 4526 SOF 150 33'. T00,r'- _- Q -i- rr._-�- --___- 5002=M15_E________ 333 20_ 2=' _ Q-,,,, - 1 9009' -i. I 569.5120"E 1\_1 25,W=I NE 5TH PLACE o - 85,00' z 568'20'45"E 1 " 11 1- 1 10'PRI vSTE s''1 25'PSPbL 1 's 1 2878' R(.. Sv: 4T,i, >r.ri " W DRA'N ESN', EASEMENT -1./ W 69 2326'[ 5329' 5325' 5}29' -` }565' =492586 HEL NO 3'39945 _ _ _ __ __ _ �',, 1 1s<I 1° 25 (51� 1 p z /11°,,,,i'''i?> -- - -- - - - -- - -- - - Gov. s'r�E soon SOF: 2,1 ,\\ - ,000 - -% _ w 4526 SOFT y) 1 > in' (5003) (50091 LP;PRI<5TE t'10'UTILITY 39 16 F RivS TF__ ,_ Q DRAIN E@A'T EASEMENT(rl'P) �I25'PSP&L I,4.1,ESM 1 _ �89'S1'[0'F 589"51'20"F �' I ¢ ''µ-EASEi:Ef.T l5u%=1 "Io 15021) .'22 (58271 Y - 90 00 05 00' m= I'C NO 373994v°1 b �oI 'I r, m 4 w PRI,A 4i¢+ 3P o �Is 5 1 1s' rE - 1 40 fib s_Fr Z _-J_.I DRAIN ESl'i ."65_ !1 r . 0 4530 S0� SO_ G SJ 'SO 5 Fl I 458 J�. 0 I01 ' W o U' m a ,.y , e L (D97 � 1 I 1510) Z -_- - - - - - 45,2 SOFT Z 0 SOFT +III I 'I� II o .,9520'275'1 S50.0 4�E 5329 53,.9 622D' -- 529'51'20"E Wl l SBP'EO 55"E tbq re' 1 T = - 989;40002°0'E __1 1 n 9000' - I 15'GAS ,c r T j-t0 a urY of I I_ 11 ,.1_ERASEMfl)T 1 1 EASEMENT(TIP) .1 I ` RE' 5 -I " 21 1 21 f 1 921 0409,1 (5021 )0 27 5I (504) - - ---1--1--- - 5101 SOFT 'I a1 4931 SO FT I_Y II 7-' ., !`.Gt]I m 1 O. 3NUTfI' 1 1S'Fib,. 10 U11LIT" i 'I 11 0.1, 56.49 SOFT _j/., 51 _ DRAIN ESM', _ - E> FTs- W 14 LA MEr:T Tmi v �I EASEMCNT I '856 su t.E f321, P�55' ) s t ��n)__ _�a9zo>-_ .�>a'". :c�l 15'P05/1-11 16,2,4 so FT 1 " 5696' 5012' �'� `` .9 _ v'S *`,,,,%‘,.,,,,,, )" 588'20'53"E 10704' LA 91�asry - - /- EASEMENT z �,�p..'h+->�' IIA tel (50275)- %- 15 SANITARY SEWER aNl: 9,„:1., ;9;5,05 •� C 1 I CONSTRUCTION ACCESS EASEMENT a c0• Us' `V .p „>`7 90820'53"" 5573' See 20'5"E 5329' t r , ry 588'20'53"C 10 04_ .�_/ y Oy y -g SEB'20'S3"E 171 23' `9'''�a NE 5TH STREET 's�" >`_-I 3000' 5000'„Nw z9 oz S`zo s6' 1 so 2r 1 " 233j. L1x1,5 -' 1 -_-mg4 _ I _ 588'20'53"E 10003' TRACT R <,,_3M1 5 s6e2o's3"E 1D7.Da'& - cQ I `"'w is DRmNACEJ I k. w ST(Trtf1'I IfV.9 TEP' 6802$-1620' 5000' 4076' C6 - 2,h' C5�5' 15 EASEMENT i0 bi m 15 SLOPE I - 2.2• DETENTION EI'ILI -- - __ __ { _ _-_ __ STORM ESM'T EASEMENT-0, _N , _ _ - -- j S 1 REC NO 3053164 \ Wr=TEF; 1NUALI7( TRACT „� 15505) f_1s'PRIVATE - --- - ' 1 J L �5'STORM w I ! DRAIN ESM'r I`°. 1a PSE50'. DRArr _ NOT A PART 1150' 9,259 EO FT w i u. 01 ' EASEMENT EASEMENT 1 (4915) (4921) (4927) ofr- (5005) (5041) Ot., 00 l (5023) 5 1 , 221 _ e 0 i n t5 ,) Fp 35 o I 29 30 p 31' I° l 34 3 3 34 E m m 4502 SU FT z - I 8766 c0 FT 1 30'PSP 82 EASEMENT 4587 SO ET --4521--SOFT o - 6031 SOFT PEC 270 }-39585 _ 2Q 3T 30 FT z 1457 SOFT-7Ei S0o0 SO Fi X16 SOFT_ r 9 688'2053"W 70003' I� n___ _ _ _ ,- - __ 4500 SOFT.TEl , 30'IEU EASEMENT I o O PER SHORT PLAT ]0 -Ir 121 Al 5000' J RFC NO 7601130712 127I / 50.00' o SD.DG' - 50 00' 50 VO' 50 00' -- --- =- - -_ I " 15(EU EAS<.HENT i" 588'2053"E SD OJ of -T 11� -_ -_ -L.' y A5®REVIA11ONS: VEc M0 3143916 631.09' / zI AFN .AUDITOR'SFILE NUMBER PRIVATE ACCESS EASEMENT ACCESS NOTE I 09(E5/0847 C/A ..:...cENTERUNE ( ) D.R.STRONG ° o L.�, LICENSED SURVEYO° THF PRIVATE ACCESS,UTILITY AND DRAINAGE A PERPETUAL CONSTRUCTION AND 1® �'1 E NTS .NOT TO SCALE TO THE SHOWN ON LOTS 31,32 AND 33 IS MAINTENANCE ACCESS TO BENEFIT THE CONSULTING ENGINEERS %s09-"-15-, ;_ko 15 Niue R W ..RIGHT OF WAY TO THE BENEFIT OF THE OWNERS OF LOTS 32, THCOWNER(S)OF LOT 51 DEPICTED HEREON, ENGINEERS PLANNERS SURVEYORS v7° '+',11, 0 W.U. .W LLAMETTC MERIDIAN 33 AND 34 SAID ONNERS APE HEREON THE FOLLOWING SIO ARE ip5C4 NE 35111 PLACE,SUITE f01 ..-1 'Ur % 0 RESPONSIBLE FOP.THE MAINTENANCE OF THEIR HEREBY MADE ACCESS WILL BE MIR✓1ANo,WA 98033 I1/ M f�I IEU . INGRESS,EGRESS AND UT1L111E5 DRAINAGIVE PRIVATE UTILltt ANC STORM PROVIDED THROUGH THE 26-FOOT a 2682]3063 OFFICE 4258272423 FAX 2 'S r/I P.S,P&L PUGET SOUND ENERGY DRAINAGE FACILITIES AND SHALL SHARE INGRESS/EGRESS EASEMENT ACROSS 800952 1402 TOLL FREE xww arsuon°wrn } %% EQUALLY IN THE MAINTENANCE LOTS 32&33 ANO THE 15-FOOT r RESPONSIBILITIES OF THE PRIVATE UTILITY, SANITARY SEWER AND CONSTRUCTION JOB NO 05-286 / " 501L s CITY OF RENTON _NORM DRAINAGE AND ACCESS FACILITES ACCESS EASEMENT ACROSS LOT 34.AS �MTgL 1511D� Z FILE N0. LUA-07-067-FP USED IN COMMON WITHIN SAID EASEMENT DEPICTED HEREON SHEET 5 OF rJ FILE NO. LND-50-0432 •.,..."6-3• ••.,..' 08�"M°11 ORT ': .-.,. DEVELOPMENT SERVICES DIVISION Noid BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Langley Development Group Inc. Honey Brooke West (A.K.A. Sagecrest) Final Plat (Preliminary Plats LUA 05-055PP) File: LUA 07-067FP LOCATION: NE 5th St,Field PL NE, Graham Ave NE, NE 5th P1,NE 6th St and Hoquiam Ave NE all in Section 10, Twp. 23 N. Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 51 single family residential lots with water, sewer, storm, streets and lighting. RECOMMENDATION: Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Langley Development Group Inc., filed a request for approval of a 51 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on June 7, 2005 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at NE 5th St, Field PL NE, Graham Ave NE, NE 5th Pl,NE 6th St and Hoquiam Ave NE. The new plat is located in Section 10, Twp. 23 N. Rng. 5 E. 6. The subject site is an 8.33 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on January 9, 2006. strod 8. The property is located within the R-8 Zoning. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plats were subject to a number of conditions as a result of both environmental fir"" review and plat review. 1. The project shall be required to comply with the Department of Ecology's (DOE)Manual for erosion and sedimentation control. The erosion control for the project met and complied with the Standards of the Department of Ecology Manual. Silt fencing, swales and a temporary pond were used. 2. This project shall be designed to be in compliance with the 1998 Level 2 King County Surface Water Design Manual for water quality treatment and detention. The Storm Detention Pond condition was met with the approval of the Civil Engineering construction drawings prepared by DR Strong Consulting Engineers. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per new single family lot. The fee shall be paid prior to the recording of the final plat. The mitigation fee will be paid prior to the recording of the final plat. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. Credit to be given for eight existing residences. The fee shall he paid prior to the recording of the final plat. The Traffic Mitigation Fee,by agreement for the western extension of NE 6th Street past Blueberry Place, will be credited to the project account. 'Mary__ 5. The applicant shall pal the appropriate Parks Mitigation Fee based on $530.76 per new single family lot. Credit to be given for eight existing residences. The fee shall be paid prior to the recording al the final plat. The mitigation fee will be paid prior to the recording of the final plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat. 1. The applicant slicill obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. Demolition permits were obtained and finalized through the City of Renton. 2. The applicant shall submit a conceptual landscape plan for the 5-foot landscape strip as prepared by a registered landscape architect, or a certified nurseryman, or other similarly qualified professional to the Development Services Division Project Manager for review and approval prior to recording of the final plat. A landscape plan was submitted to Development Services and will be implemented prior to Final Plat Recording. Currently, the frontage improvements along Hoquiam Ave NE have been completed. The final stage will be plantings along the five foot Nr strip on Hoquiam Ave NE per the APPROVED Landscape Plan. 2 HONEYBROOK W E SI'PP.DOC/ 3. Since the modification was denied and not appealed in a timely fashion the applicant shall Nod install a 20 foot width of pavement as a pedestrian sidewalk within the NE 6th Street right- of-way abutting Blueberry Place prior to recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Renton Fire Department. Installation of a 20 foot width of paving and pedestrian sidewalk within the NE 6"' right-of-way will be completed prior to Final Plat recording. 4. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. The SAGECREST Homeowners Association NW was incorporated on May 2, 2007. A set of covenants, conditions and restrictions was submitted with the final plat application for review and was approved by the City attorney as to legal form. S. NE 6th Street right-of-way along the plat's entire frontage shall be dedicated at the time of recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. "Half Street"improvements along NE 6th Street are complete. The thirty-five foot right-of-way will be dedicated to the City of Renton with the recording of the plat. 6. Tract A shall be fenced, landscaped, and irrigated(unless drought tolerant plants are used). The property lines of Tract A fronting Road B, Lots 9 and 28 shall include a landscaped visual barrier so as to not interfere with site distance triangles including plant materials which would provide a year-round dense screen within three(3)years front the time of planting. Tract A property lines to the west, south and along Lots 9 and 23 are to be fenced with a six foot high solid wood fence, or other approved material(no chain link). Tract A fronting Road B shall be fenced with either a wrought iron, or chain link with vinyl covering, or other decorative wood fence. The applicant shall submit a landscape plan and fence design identifying construction and plant materials for the review and approval of the Development Services Project Manager prior to installation. Fences and landscaping shall be installed prior to recording of the final plat. Tract"A" fence and landscaping (drought tolerant) will be installed prior to Final Plat recording. Lots 9 and 28 shall have a landscape barrier as well lot 23 per plans approved by Development Services. Landscaping plan was included with our overall landscape plan. 7. The applicant shall comply with the conditions imposed by the ERC. ERC comments addressed earlier in this report. 8. The applicant shall preserve trees along the westernmost 5 to 10 feet of its site. Grading may occur outside of this range. An arborist selected with the City's approval shall determine the boundary of tree protection within the westernmost 5 to 10 feet. Trees along the western boundary (5-10 foot strip) were retained per the report prepared by Jeff Varley (report was included in the applicants Final Plat submittal). The plan was approved by the City of Renton. 3 HONEYBROOKW ESTFP.DOC/ The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 25TH DAY OF OCTOBER,2007 DEVELOPMENT SERVICES DIVISION 'tow" 4 HONEYB ROOK W ESTFP.DOC/ 9 CITY OF RENTON COUNCIL AGENDA BILL AI#: t3 A 1446001 Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP Department/Strategic November 5, 2007 Planning Staff Contact Don Erickson (x-6581) Agenda Status Consent X Subject: Public Hearing.. Merritt II Annexation - Amend effectuation date Correspondence.. Ordinance X Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other I Fiscal Impact: kili/ Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: After completing all necessary prerequisites, Council adopted Ordinance 5142 on May 23, 2005. This ordinance adopted Phase I of the Merritt II Annexation upon its effective date and specified that Phase II would be automatically implemented twelve months later. This was to allow time for the City to design and award a contract to construct roadway improvements along Duvall Avenue NE, between Sunset Blvd and SE 95th Way in the western half of the annexation area, thereby not jeopardizing an estimated $3 million in King County funding for construction of the project. In order to provide additional time for the City to complete the design and acquire right-of-way for the project, Council has extended the original implementation date of Ordinance 5142, for Phase II of the Merritt II Annexation twice by ordinance, the latest to December 31, 2007. Although progress has been made on this contract because it may not be awarded before the end of this year, the Administration is recommending that the date of implementation for Phase II be extended to April 30, 2008, or when the contract is awarded, if sooner, so as not to jeopardize County funding. STAFF RECOMMENDATION: Adopt an ordinance extending the implementation date for Phase II of the Merritt II Annexation from December 31, 2007, to April 30, 2008. illil C:\DOCUME-1\BWalton\LOCALS-1\Temp\Agenda Bill forOrd Amend#3.doc ��� ECONOMIC DEVELOPMENT, *timeU ,. �� NEIGHBORHOODS, AND STRATEGIC ® PLANNING DEPARTMENT MEMORANDUM DATE: October 23, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Pit_ Kathy Keolker, Mayor FROM: ' Alex Pietsch, Administrator STAFF CONTACT: Don Erickson, Senior Planner(x6581) SUBJECT: Merritt II Annexation —Phase II Implementation ISSUE: Should Ordinance 5142 be amended to change the effectuation date for Phase II of this annexation from approximately May 23, 2006, to April 30, 2008? Now RECOMMENDATION: That Council adopt the attached ordinance changing the latest effectuation date for Phase I[ of the Merritt II Annexation from December 31, 2007, to April 30, 2008. BACKGROUND SUMMARY: On May 23, 2005, Council approved the 133 acres Merritt II Annexation, adopting both an effectuation ordinance and zoning ordinances for it. The effectuation ordinance referred to two phases for implementing it. Phase I, approximately 74.87 acres and located in the eastern portion of the annexation site, became effective five days after publication of Ordinance 5142, or June 1, 2005. Phase II, approximately 47.93 acres and located in the western portion of the annexation site, included portions of 138th Avenue SE (referred to as Duvall Avenue in Renton), and was to become effective twelve (12) months after the adoption of the ordinance or June 1, 2006. King County has agreed to contribute $3million funding to road improvements on 138th Avenue SE (Duvall Avenue). However, by statute, King County can only make this funding available if the road remains in unincorporated King County until the construction bid is awarded. Because of unanticipated delays in condemnation proceedings for these roadway improvements, Council adopted Ordinance 5207 in April 2006. extending the effectuation date for Phase II from May 23, 2006, to March 31, 2007. *ow Again, in March 2007, Council adopted Ordinance 5266 further extending the effective h•\ednsp\paa\annexations merritt#2'\is.,uc pc.per for ord amend#3.doc Toni Nelson Page 2 of 2 October 23, 2007 date of Phase II to December 31, 2007. It now appears unlikely that this latter deadline can be met with complete certainty. It was believed then that this last nine month extension would allow sufficient time for the City of Renton to complete the design, acquire needed right-of-way, and award a contract for construction of roadway improvements along 138th Avenue SE (Duvall Ave). While a set of 100 percent completed plans and specifications has been delivered, there is some probability that the actual contract award might be just after the new year, thereby necessitating an additional extension of the effectuation date for Phase II of the Merritt II Annexation. In consideration of these factors, the Administration is recommending that the effective date of Phase II of the Merritt II Annexation be extended from December 31, 2007, to April 30, 2008. CONCLUSION: Because of the time required for the City to complete the design, acquire the right-of- way, and award a construction contract for the Duvall Avenue Improvement project, and the need for this to happen prior to the effective date of annexation of Phase II, Ordinance No. 5142 needs to be again amended. Such an amendment would extend the last specified effectuation date of December 31, 2007, to April 30, 2008. The Administration is therefore recommending that Ordinance 5142, adopted by Council on March 23, 2005, be amended so that Phase II of the Merritt II Annexation would now become part of Renton on April 30, 2008, or thirty days after the awarding of the contract for the Duvall Avenue NE improvement project. CC: Jay Covingt ,n Larry Warren Bonnie\'Walton GreLlg Ziaui ern:n Peter 1-lahn Alex Pietsch Don Erickson h:\ednsp\paa\annexations\merritt#2\issue paper for ord amend#3.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING ORDINANCE NO. 5142 BY CHANGING THE TIMING FOR EFFECTUATING PHASE II OF THE MERRITT II ANNEXATION TO THE CITY OF RENTON (MERRITT II ANNEXATION; FILE NO. A-03-003) WHEREAS, in Ordinance 5142, the effective date of the Merritt II annexation to the City of Renton, Phase II of the annexation has to be twelve (12) months after the adoption of that ordinance; and WHEREAS, Ordinance 5142 became effective on June 1, 2005, five days after its publication; and WHEREAS, Ordinance 5142 was last amended on March 22, 2007 to make the effective date for implementation of Phase II of the Merritt II Annexation December 31, 2007; *owe and WHEREAS, it is necessary to further extend the effective date of Phase II of the Merritt II annexation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Properties within Phase II (see Exhibit A) shall constitute a part of the City of Renton on April 30, 2008, or 30 days after the awarding of the construction contract for the Duvall Avenue Improvement project, whichever comes first, and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being as follows: 1 ORDINANCE NO. See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 47.93 acres, is primarily located in the West 1/2 of Section 3, Township 23 North, Range 5 East, of the 133-acre expanded annexation area. The northern portion of this phase is located in the West '/2 of Section 34, Township 24 North, Range 5 East.] SECTION II. This Ordinance shall be effective upon its passage, approval, and five days after its publication A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1400:10/31/07:ch 2 Ntrre MERRITT II ANNEXATION—PHASE II LEGAL DESCRIPTION That portion of Government Lot 3, Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington, lying northeasterly and easterly of the existing City Limits of Renton, as annexed by Ordinance No. 4055, and southerly and easterly of the existing City Limits of Newcastle, as incorporated by Resolution No. 45 in September 1994; TOGETHER WITH that portion of the southeast quarter of the northwest quarter of Section 3, Township 23 North, Range 5 East, W.M., in King County, Washington, lying westerly of the west boundary line of Newcastle Terrace, as recorded in Volume 87 of Plats,Page 30,Records of King County, Washington, northerly of the existing City Limits of Renton as annexed by Ordinance No. 3972, and easterly of the existing City Limits of Renton as annexed by Ordinance No. 4055; and TOGETHER WITH that portion of the southeast quarter of the southwest quarter of Section 34, Township 24 North, Range 5 East, W.B.,in King County, Washington, lying southerly of the northerly right-of-way margin of SE May Valley Road, said northerly right-of-way margin also being the existing City Limits of Newcastle, as incorporated by Resolution No. 45 in September 1994,and easterly of the easterly right-of-way margin of vise Coal'Creek Parkway SE, said easterly right-of-way margin also being the existing City Limits of Newcastle, as incorporated by Resolution No.45 in September 1994. 'err • MI ____ . (7,-/ , 141\ _L___ H rnII •A 5 —t w • - _moi. A I `r, w Ic.0 E 95t Way , M .: °y �aI ey Rd S<<y w � � /} fr s l,//ma / �'N 1-ri ' ' 1 .__] , arc y f 11111� E f� In. P , �� Olpa ' fs� ‘,, 4 le- Fgor,:.t...,,,,,,,,,:.,,,,„.„:,:::-,,„:„:,,,,,,.,,,,,,.,,,,,,,,:,,,,.,„,,,,,,,,, .cp . ,_ ,,- i ./ - iNiill /;. . , ai....._,,..,..„ m c ,,,,,A ,_ ._ 0 ,/ 1_-----_____Iii-_a ..„ -(4'4/ -.1 : ,,. ----:'. -L--- NMI 1_11 Illn II ,(Aino -- S N 111 1 1111111- _ taLa,A1 NI a / ,,, _____ E1 _ i7 �! T - ,Sd t�. h� I��r ►,�; ;�;. �,��, � �E �-� ,11;1 !1 _--- L v , - ,,-- _.> 1 _. _ .., ZIN{ _,III (la -- 1 i NMI* 1 ' II IN 1 _i nog _::: ,,., Y' IMF -_-: a - I ' fai rap" i ,. ..Oliiik„ffinommai 4� 111111 ■ r► ____ .______,_ ,,,,A., \ 11111‘1111Nii ild, i ,m ati - -;/ >,;-, II --- A �� 0) , .a �� This document is 9r phic r pre cit lalim,not o cortin teed I to s rve�y c y,Intended 1 awity ru ossos ly and �..-. . 2-11 - / basad o the best (ormolion table f the date shown ,' —r -A V Thls map is for disploy Durposes only. Merritt II Annexation 1 711 2311 ..„....2, Phase II 2!;!8311 cs '41.11 & o,„ Fdpopnjd!Efv!rpgnfou!Ofjhi cpd ppet!' !Tub'hjd!Qtoojoh Brt'!gfuc5-'Benj to s —�-- Corporate Limits H/!EfrtSptt�p Annexation Area (' o� 24!Bggrf8117 CITY OF RENTON COUNCIL AGENDA BILL aj Submitting Data: For Agenda of: November 5, 2007 Dept/Div/Board.. AJLS/City Attorney Staff Contact Zanetta L. Fontes 255-8678 Agenda Status Consent X Subject: Public Hearing.. Darwin Bosteder. v. City of Renton Correspondence.. Settlement Agreement Ordinance Resolution Old Business Exhibits: New Business Position Paper Study Sessions 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 City Share Total Project SUMMARY OF ACTION: Darwin Bosteder previously owned an apartment complex located at 203 Meadow Avenue North. In April, 1999,the city's Community Response Team obtained a search warrant for the subject premises. That warrant was served on April 21, 1999. Based on evidence found on the site, the apartment complex was determined to be uninhabitable and was closed by the city. Thereafter, Mr. Bosteder repaired the property and sold it. However, he also started a lawsuit against the city. After losing in the trial court,Bosteder appealed to the Washington State Supreme Court. That court decided that the judge who signed the search warrant did not have authority to do so and,therefore,the city searched the premises without authorization, in violation of the Fourth Amendment of the U.S. Constitution. The Supreme Court ordered that the case was to return to the trial court for further proceedings. Before proceeding to a trial, the parties attended a mediation. At the mediation, the representatives on behalf of the city and Mr. Bosteder and his attorney were able to agree on a resolution. Mr. Bosteder agreed he would accept $90,000(plus the city bearing the cost of the mediation)to dismiss this case. The city representatives indicated that we would recommend that settlement amount to our officials. STAFF RECOMMENDATION: Approve the settlement with Darwin Bosteder. Rentonnet/agnbill/ bh -s, Y O CITY OF RENTON ..a Office of the City Attorney Kathy Keolker,Mayor Lawrence J.Warren `NrrO Senior Assistant City Attorneys Mark Barber Zanetta L.Fontes Assistant City Attorneys Ann S.Nielsen Garmon Newsom II Shawn E. Arthur MEMORANDUM TO: Renton City Council FM: Zanetta L. Fontes `_ 7 Senior Assistant I ttorney RE: Bosteder v. City of Renton DT: 31 October 2007 ISSUE: Whether to approve the settlement with Darwin Bosteder. BACKGROUND: Darwin Bosteder previously owned an apartment complex located at 203 Meadow Avenue North. In April, 1999, the city's Community Response Team obtained a search warrant for the subject premises. That warrant was served on April 21, 1999. Based on evidence found on the site, the apartment complex was determined to be uninhabitable and was closed by the city. Thereafter, Mr. Bosteder repaired the property and sold it. Mr. Bosteder filed a lawsuit against the city of Renton and numerous city employees. He claimed that the city violated his Fourth Amendment rights to be free from unreasonable searches. After the trial court granted a motion to dismiss the case, Bosteder appealed to the Washington State Supreme Court. That court decided that the judge who signed the search warrant did not have authority to do so and,therefore, the city searched the premises without authorization, in violation of the Fourth Amendment of the United States Constitution. The Supreme Court ordered that the case was to return to the Superior Court for a trial. Before proceeding to a trial, the parties attended a mediation. All parties realized there were risks involved. Mr. Bosteder might not get all he wanted from a jury. The city would have its own attorney's fees as well as the risk of paying Mr. Bosteder's attorney's Nosy Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 RENTON ♦ AHEAD O E THE CURVE This paper contains 50%recycled material 30%post consumer Renton City Council (Consent Agenda) 31 October 2007 Page 2 of 2 fees. Therefore,the representatives on behalf of the city and Mr. Bosteder, with his attorney, were able to agree on a resolution. Mr. Bosteder agreed he would accept $90,000 (plus the city bearing the cost of the mediation)to dismiss his case. The city representatives indicated that we would recommend that settlement amount to our city officials. RECOMMENDATION: Staff is recommending that the City Council approve the settlement with Darwin Bosteder in the amount of$90,000, plus the cost of the mediation. 0 4 CITY OF RENTON COUNCIL AGENDA BILL k...,.., . AI#: • Submitting Data: Chief Milosevich For Agenda of: November 5, 2007 Dept/Div/Board.. Police Department Staff Contact Sherry Smith Agenda Status Consent X Subject: Public Hearing.. Department of Corrections Interlocal Correspondence.. Agreement Ordinance Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Department of Corrections Interlocal Agreement Information Resolution Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept HR X 1 Fiscal Impact: Expenditure Required... 0kiwi Transfer/Amendment Amount Budgeted 0 Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The Renton Police Department would like to enter into an Interlocal Agreement with the Department of Corrections to allow the Police Department to place a Community Corrections Officer at the premises owned/operated by the City of Renton. STAFF RECOMMENDATION: Adopt the Resolution and authorize the Mayor to sign the State of Washington Department of Corrections Interlocal Agreement. Rentonnet/agnbill/ bh 0� POLICE DEPARTMENT ANT MEMORANDUM DATE: October 10, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: � Kathy Keolker, Mayor FROM: Kevin Milosevich, Chief of Police STAFF CONTACT: Kevin Milosevich, Chief of Police (XT 7503) SUBJECT: Issue Paper—Department of Corrections Interlocal Agreement Nowe ISSUE: Should the City of Renton enter into an Interlocal Agreement to allow the Department of Corrections to place a Community Corrections Officer at the premises owned/operated by the City of Renton located at 1055 South Grady Way, Renton, WA 98057? BACKGROUND: Establishing a strong working relationship with the State of Washington Department of Corrections is a benefit for both the State and the City of Renton. The presence of a DOC Officer in our workplace allows for the free flowing exchange of information regarding known offenders in the community. In the past we have used this assistance to arrest known offenders for outstanding DOC warrants; for identifying suspects involved in current criminal activity; and for sharing infolination with other law enforcement agencies. STAFF RECOMMENDATIONS: The City of Renton Council concurs with the recommendation of City Administration to place a State of Washington Department of Corrections Officer at 1055 South Grady Way, Renton, WA 98057, authorizing the Mayor to sign the Interlocal Agreement and approve the resolution. SitaIte' 'o,iF Wasik itih'grtoir:, � = = Dep rt .;iir ; 1` Cor re-`CtR-o liS This l[mtterl[oc,atlt Agree nnietrntt ("Agreement") is made by the state of Washington, Department of Corrections, hereinafter referred to as Department, and the Renton Police Department, hereinafter referred to as Agency. WHEREAS, RCW Chapter 39.34 (Interlocal Cooperation Act) permits state agencies and local Governments to make the most efficient use of their powers by authorizing them to enter into Agreements with each other, in order to provide services and facilities in a manner best serving the needs and development of their local communities: and WHEREAS, the purpose of this Agreement is to allow Department to place Community Corrections Officers ("CCO's") at the premises owned/operated by Agency located at 1055 S. Grady Way, Renton, WA 98055 ("Premises"). NOW THEREFORE, in consideration of the terms and conditions contained herein, Department and Agency agree as follows: 1. Agency Responsibilities: Agency shall provide: A. Office space for 1 CCO at Premises to include office furniture and telephone. Premises will be accessible to the CCO seven days a week, twenty-four hours per day. CCO will be on site approximately 1 day per week. B. A mail box slot at Premises to which CCO has access. C. Janitorial service for the office space. D. Use of the fax machine and copier. 2. Department Responsibilities: Department shall: A. Keep the office space clean B. Wear Department identification at all times when within the building. C. Escort visitors at all times while within the building. D. Provide a printer and operational supplies needed by the CCO. E. Arrest any offenders within Department jurisdiction, unless Department has made previous arrangements with the on-duty Watch Commander. F. Transport any offender arrested by Department to the local county jail, except in cases of extreme emergency, in which case Agency may, at its discretion, transport the offender to the county jail or the jail of any governmental entity contracting with the City of Renton. 3. Mutual benefits: This Agreement improves both parties ability to carry out public safety responsibilities through: A. Joint Operations covering events, holidays, and home/field contact. B. Immediate response regarding felons under Department supervision. C. Joint involvement in Community groups. D. Information sharing, such as information on wanted persons and on-going community concerns. rrr� State of Washington Interlocal Agreement Page 1 of 3 Department of Corrections COCO7236 4. Access to information: A. Access to all Department computer systems and files are restricted to the CCO. Department will follow its policy for dissemination of any information from its computer systems and files. B. Access to all Agency computer systems and files are restricted to Agency personnel unless trained and authorized. The Agency will follow its policy and applicable law concerning dissemination of all Agency information. 5. Term: This agreement shall take effect July 1, 2007 and shall continue until July 31, 2009. This Contract Agreement may be extended by mutual agreement of the parties for two (2) additional one-year periods or portions thereof. Any such extension shall be evidenced by a properly completed written amendment to this Agreement. Either party may terminate this Agreement by giving thirty (30) days written notice to the other. 6 Hold Harmless: Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees, and volunteers. No party to this Agreement shall be responsible for the acts and/or omissions of entities or individuals not a party to this Agreement. 7. Contact Persons: The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. A. Sandy Heurion, Community Corrections Supervisor, Department of Corrections, 1107 SW Grady Way, Renton, WA 98055, (425) 277-7211, sheurion@docl.wa.cov . B. David Leibman, Commander, Renton Police Department, 1055 S. Grady Way, Renton, WA 98055, (425) 430-7527, dlethman@ci_renton.wa.us . 'o"" 8. Nothing herein shall require or be interpreted to: A. Waive any defense arising out of RCW Title 51. B. Limit or restrict the ability of either entity or employee or legal counsel for either entity or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims for third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 9. General Provisions: A. Entire Agreement. This Agreement contains all of the terms with respect to any matter covered or mentioned in this Agreement. B. Modification. No provision of this Agreement may be modified except by written agreement signed by the Parties. C. Successors. This Agreement shall be binding upon the Parties' successors in interest, heirs, and ensigns. D. Severability. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. E. Default. In the event that either of the Parties defaults on the performance of any terms of this Agreement or either party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. F. Venue. The venue for any dispute related to this Agreement shall be Thurston County, Washington. State of Washington Interlocal Agreement Page 2 of 3 Department of Corrections C0007236 G. Waiver. Failure of the Agency to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. H. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 10. Governance: This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable state and federal statutes and rules; B. Statement of work; and C. Any other provisions of the Agreement, including materials incorporated by reference. THIS Interlocal Agreement, consisting of three (3) pages, is executed by the persons signing below who warrant that they have the authority to execute the Agreement. RENTON POLICE DEPARTMENT DEPARTMENT OF CORRECTIONS 1 (Signature) (Signature) Kevin Milosevich Gary Banning (Printed Name) (Printed Name) Chief Contracts Administrator (Title) (Title) /014.707 (Date) (Date) Approved as to Form: This Interlocal Agreement format was approved as to form by Pete Berney,AAG,of the Office of the Attorney General,on December 8,2006 CITY OF RENTON (Signature) Kathy Keolker APPROVED AS TO FORM: (Printed Name) This Interlocal Agreement format was Approved as to form by Renton's Assistant City Attorney Zanetta Fontes Mayor on August 30, 2007. (Title) State of Washington Interlocal Agreement (Date) Page 3 of 3 Department of Corrections C0007236 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR, OR HER DESIGNEE, TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS TO PROVIDE1jIq 10E SPACE—AND— SERVICES PACEANDSERVICES FOR A COMMUNITY CORRECTIONS OFFICER WHEREAS, RCW 39.34, the Interlocal Cooperation Act, permits any public agency to enter into an agreement with another public agency, to exercise any of their powers jointly or cooperatively, and/or to have one public agency perform any service, activity, or undertaking which each agency is authorized by law to perform; and WHEREAS, the Department of Corrections wishes to place a Community Corrections Officer ("CCO") in Renton City Hall to be available to apprehend offenders within the jurisdiction the Department of Corrections; and WHEREAS, Renton will provide space, office furniture, equipment and telephone, *taw together with other basic services, for a Community Corrections Officer on a twenty-four/seven basis; and, WHEREAS, the interlocal agreement would improve both parties' ability to carry out public safety responsibilities; and WHEREAS, having a Department of Corrections, Community Corrections Officer on site, would allow for joint operations covering events, would allow for immediate response by the Department of Corrections regarding felons under DOC supervision and would improve the sharing of information on wanted persons, and other community concerns. 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. New 1 RESOLUTION NO. SECTION H. The Mayor or her designee are hereby authorized to enter into the Interlocal Agreement between the City of Renton, and the Department of Corrections to provide office space and services for a Community Corrections Officer. 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.1300:09/20/07:ch 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: q0 Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division November 5, 2007 Staff Contact Juliana Fries, x7232 Agenda Status Consent X Subject: Public Hearing.. Rainier Avenue South at South 4th Place Intersection Correspondence..... Improvements— State Pedestrian and Bicycle Safety Ordinance Program Grant Funding Resolution Old Business Exhibits: New Business Issue Paper Study Sessions WSDOT Local Agency Agreement Information Grant Award Letter Project Location Picture and Accident Diagram Six-Year 2008-2013 TIP Project Sheet Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept X Other Fiscal Impact: (Fund 317.012308) Expenditure Required... $0 Total Transfer/Amendment $ Amount Budgeted $3,079,000 Revenue Generated $ 230,000 (2007) Total Project Budget-Grant $0 City Share Total Project ... $000,000 est.* $0 match required SUMMARY OF ACTION: The Washington State Department of Transportation (WSDOT) has awarded the City of Renton a Pedestrian and Bicycle Safety Grant for$230,000. The funding will pay for part of the pedestrian related improvements of the larger Rainier Avenue South Improvements Project. There is no City match required for the grant. The funding will help rebuild sidewalks, add pedestrian-scale illumination, improve landscape medians and pedestrian refuge islands, and install colored pavement at the intersection to delineate a pedestrian crossing. STAFF RECOMMENDATION: Approve the agreement with the Washington State Department of Transportation (WSDOT) for a $230,000 grant for the Pedestrian and Bicycle Safety Program with the City, and authorize the Mayor and City Clerk to execute the agreement. err+' H:/Division/Planning/Trans/Juliana/Agenda Bills/Rainier Ave S at S 4°'Pl.doc O PLANNING/BUILDING/ ® , PUBLIC WORKS DEPARTMENT • MEMORANDUM NT DATE: November 5, 2007 TO: Toni Nelson, President Members of the Renton City Council VIA: 4-Kathy Keolker, Mayor FROM: Gregg Zimmerma ,rP Administrator STAFF CONTACT: Juliana Fries, Transportation Program Development Coordinator(extension 7232) SUBJECT: Rainier Avenue South at South 4th Place Intersection Improvements— State Pedestrian and Bicycle Safety Program Grant Funding ISSUE: Should the City of Renton execute the Highways and Local Programs State Funding Agreement with the Washington State Department of Transportation (WSDOT) to accept grant funding for a Pedestrian and Bicycle Safety Grant? RECOMMENDATION: Approve the interlocal agreement with the Washington State Department of Transportation (WSDOT) for a $230,000 grant for the Pedestrian and Bicycle Safety Program with the City, and authorize the Mayor and City Clerk to execute the agreement. BACKGROUND: The Washington State Department of Transportation (WSDOT) has awarded the City of Renton a Pedestrian and Bicycle Safety Grant in the amount of$230,000. The grant project will be a part of a larger multi-modal project ($30M) on Rainier Avenue South. The funding will pay for part of the non-motorized elements of the larger Rainier Avenue South Improvements Project. There is no City match required for the grant, but City and Sound Transit funds will be used to design and construct the grant project improvements. Toni Nelson,President Members of the Renton City Council November 5,2007 Page 2 vr� The grant project and elements from the larger project are meant to bring attention to non-motorized traffic. Left-turn traffic into driveways along Rainier Avenue South will be controlled through the use of landscaped medians in place of two-way left-turn lanes. Sidewalks will be rebuilt, likely to 8-foot widths. New illumination will be pedestrian- friendly down-lighting. Colored pavement within the intersections will provide clear direction to motorists that they are entering a crossing area. Pedestrian refuge islands and bollards will help protect pedestrians at the crossings. Planted buffer strips will help protect pedestrians on sidewalks. In addition, benches, information kiosks, and transit shelters will enhance the pedestrian environment. This location has a high number of non-motorized accidents, both pedestrian and bicycle. The WSDOT Standard Accident History Detail Report indicates eight non-motorized injury accidents at this intersection from 2001-2005. One of the main causes or contributing factors of the accidents can be summed up as lack of visibility of the pedestrian. The improvements at the intersection are meant to bring attention to non- motorized traffic in order to reduce potential pedestrian and bicycle conflicts with motor vehicles. Foot and bicycle traffic include high-risk groups such as students and the elderly. Renton High School is three blocks north of the South 4th Place intersection, and St. Anthony's Church and school is one block east. The surrounding neighborhood has a verol high number of elderly residents and multiple bus stops in the area attract non-motorized traffic. cc: Peter Hahn, Deputy P/B/PW Administrator-Transportation Jim Seitz, Transportation Planning and Programming Manager Juliana Fries,Transportation Program Development Coordinator Nancy Violante, FIS Grant Accountant Constance Brundage,Transportation Administrative Secretary H\Division\Transpon\PlanningJultana\issue papers\IP Rainier Ave WSDOT Grant Obligation Pe--(67 �'°'� Washington State Translrortatinn Building ��P Department of Transportation 310 Maple Park p„en,Je S F Nolirry Douglas B. MacDonald P 0 Box ?7300 Secretary of Transportation O!ympa, 'SNA 98504-7300 June 1, 2007 360 ,05-7005 TT'/ 1-800-833-6388 .`i w wsdo'wa nov Mr. Greg Zimmerman Public Works Administrator RECEIVED City of Renton JUN - 4 207 1055 S. Grady Way Renton, WA 98055-3232 Transportation Systems Div. Pedestrian & Bicycle Safety Program State Funding Dear Mr. Zimme arY: The Washington State Department of Transportation (WSDOT) is pleased to advise you that in the 2007 Transportation Budget the following project was selected to receive state funding, through the Pedestrian & Bicycle Safety program. The state funding is limited to: Rainier Ave S at S 4th Place Intersection Improvements$230,000 The funds will be administered through WSDOT's Highways & Local Programs (H&LP) Division on a reimbursement basis only. To authorize funding for this project, submit the H&LP State Funding Agreement, prospectus, and any other items (electronic forms are available at http://www.wsdot.wa.gov/TA/ProgMGt/PrgMgt.html) to your Region Local Programs Engineer. In addition, completion of Executive Order 05-05 must occur prior to construction fund authorization. More information on Executive Order 05-05 can be found at http://www.dahp.wa.gov/pages/EnvironmentalReview/Laws.htm. After the agreement is signed, you will be notified that the funds have been authorized. Project expenditures are not eligible for reimbursement until after we provide notice that the funds are authorized. If the project includes any federal funds all Federal Highway Administration requirements apply as outlined in the Local Agency Guidelines manual. The 2007 Transportation Budget requires the project be authorized no later than June 1, 2008, or the finds will lapse. WSDOT requires a Quarterly Project Report for be completed by the end of March, June, September and December. The on-line database can be found at the found at the following website http://www.wsdot.wa.gov/TAIProgMgt/QPR/QPR.html . To access the database your account name is Renton and password is Rento553 (the password is case sensitive). Should you have any questions on how to pursue this project, please contact Ed Conyers, your Region Local Program Engineer at (206)440-4734. ��01/477.,_ . Sincerely, 'p P `�� �i ,/ 4/ I tvd274 Kathleen B. Davis *r✓ Director Highways & Local Programs Division cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82-121 Bob Drewel, Puget Sound Regional Council � Washington State �I/ Department of Transportation Agency and Address Highways and Local Programs State Funding Agreement City of Renton Work by Public 1055 S. Grady Way Agencies Renton WA 98057-3232 Agreement Number Maximum Amount Authorized Location and Description of Work (See also Exhibit"A") $230,000.00 SR-167 - MP 26.94 Intersection Improvements (Rainier Ave S at S 4th P1): Install pedestrian Participating Percentage Project Number lighting, signage, refuge islands and colored and 100% textured pavement to delineate pedestrian crossings. This AGREEMENT is made and entered into this day of , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the"STATE," and the above named organization, hereinafter called the"AGENCY." WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial assistance for the project or program, and WHEREAS,the AGENCY has requested funds for the above shown project or program,which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Estimate of Funding (1) (2) (3) Type of Work Estimated Total Estimated Agency Estimated Project Funds Funds State Funds enc -- - 5,000.00 PE a. A� y --- 5,000.00, b. Other consultant 27 500.00 27,500.00 c. Other non-participation 34,000.00 - -- -34,000.00 1,500.00 - -- - — d. State 1,500.00 e. Total PE Cost Estimate(a+b+c+d) 68,000.00 34,000.00 34,000.00 Right of Way f. Agency g. Other _ h. Other - i. State j. Total R/W Cost Estimate(f+g+h+i) Construction k. Contract I Other m. Other n. Other o. Agency p. State q. Total CN Cost Estimate(k+l+m+n+o-p) r. Total Project Cost Estimate(e+j+q) 68,000.001 34,000.00 I 34,000.00 DOT Form 140-087 EF Revised 9/00 • Iv General Legal Relations The AGENCY agrees to perform the above described work in accordance No liability shall attach to the AGENCY or the STATE by reason of with the Project Application attached hereto as"Exhibit A"and made a part entering into this AGREEMENT except as expressly provided herein. ,,,phis AGREEMENT. Mans, specifications, and cost estimates shall be prepared by the V AGENCY in accordance with the current State of Washington Standard Nondiscrimination Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted. The AGENCY will incorporate The AGENCY agrees to comply with all applicable state and federal laws, the plans and specifications into the AGENCY's project and thereafter rules, and regulations pertaining to nondiscrimination and agrees to advertise the resulting project for bid and, assuming bids are received and require the same of all subcontractors providing services or performing a contract is awarded, administer the contract, or if the project is of a size any work using funds provided under this AGREEMENT. which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington, the AGENCY may proceed with its own VI forces. Venue All work performed under this AGREEMENT shall comply with the applicable provisions of state law. For the convenience of the parties to this AGREEMENT, it is agreed that II any claims and/or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or program with Payment which it is concerned, shall be brought only in the Superior Court for Thurston County. The STATE, in consideration of the faithful performance of the work to be performed by the AGENCY, agrees to reimburse the AGENCY for the VII percentage of the actual direct and related indirect cost of the work shown Termination above, up to the "MAXIMUM AMOUNT AUTHORIZED". The agency will comply with Governmental Accounting Auditing and Financial Reporting The Secretary of the Department of Transportation may terminate this Standards and applicable state law and local regulations, policies and AGREEMENT if the funding becomes unavailable or if the Secretary procedures. No payment will be made for work done prior to execution of determines that it is in the best interest of the STATE. this AGREEMENT. Partial payments shall be made by the STATE, upon request of the VIII AGENCY, to cover costs incurred. These payments are not to be more Final Report and Final Inspection frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any Within ninety (90) days following the completion of the project and item and that, at the time of the final audit,all required adjustments will be submission of the final billing for the project, a final report and/or final made and reflected in a final payment. The AGENCY agrees to submit a inspection shall be submitted to the Assistant Secretary for Highways & al bill to the STATE within forty-five (45) days after the AGENCY has Local Programs containing the following information: npleted work. ie AGENCY agrees that all costs in excess of the amount authorized and Non-Capital Projects the AGENCY's matching funds shall be the responsibility of the AGENCY. 1. A description of the project or program. Ill 2. A summary of actual costs of the project or program. Audit 3. An evaluation of the project or program. This should address aspects such as transportation and/or other benefits to the public The AGENCY agrees that an audit may be conducted by the STATE. During the progress of the work and for a period not less than three (3) Capital Projects years from the date of final payment to the AGENCY, the records and 1. A final inspection is required accounts pertaining to the work and accounting thereof are to be kept available for inspection and audit by the STATE and copies of all records, IX accounts, documents, or other data pertaining to the project will be Supplement furnished upon request. If any litigation,claim,or audit is commenced,the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even This agreement may be modified or supplemented only in writing by both though such litigation, claim, or audit continues past the three-year parties. retention period. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY STATE By: By: Assistant Secretary for Highways and Local Programs Title: `ai„eate: Date: DOT Form 140-087 EF Revised 9/00 x� ' ON ; & reg ." a 4 ',7.:,,,',04.4144, ': �:: x + xa s elbas Ili „. .. , . ... ..„........ . If- - �c«T est a- d ova ,r- � w 4 . .,°;',;17.'"''''11`1,..''=7:7'.':::;"::'::::',':::' �`� � fi 3 s .. ',} m§ `�# ,5 S M 4I r ' '' xx ' 1 ,— F, 5s"IPS � � �„ ��" 2„L-,e..,, t``SL„� s 3-:.� . Collision Diagram City of Renton 09-18-2006 Location: FOURTH PL. S at RAINIER AVE S Report Period: 1/1/2001 to 12/31/2005 n 1 2 E— RAINIER AVE S North 5 3 FOURTH PL. S Y • < •< 4 • 1 BIKE 4 PED 1 1 >! t 1 BIKE 1 '•PED 2 2 •< > 1 -=vim . FOURTH PL. S 3 4 RAINIER AVE S --j 6 1 LEGEND: Right Angle: Head On: �; Backing: > Sideswipe: Approach Turn: �) Pedestrian/ P/B > Bicyclist: Rear End: o Fixed Object/ Parked Vehicle: Note: HOLLOW CIRCLE: Property Damage Only SOLID CIRCLE: At least one injury collision Noe SOLID SQUARE: At least one fatality collision. ( CITY O .�NTON ( < PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2008 -2013 SIX-YEAR TIP Rainier Ave. Improvements -Grady Way to S 2nd Street Functional Classification: Principal&Minor Fund: 317 Proj.Length: 0.85 mi Proj: 12703 TIP No. 7 CONTACT: Derek Akesson 425.430.7243 DESCRIPTION: STATUS: Improvements remove barriers, eliminate sub-standard conditions, control and consolidate The Sound Transit(ST)agreement authorizes$14.9 million ST funds for transit access points to existing major businesses, provide an enhanced pedestrian environment. improvements.Two State Pedestrian and Bicycle Safety Grants have been Project elements include adding BAT(business access and transit)lanes(north and awarded: $200,000 in 2006 and$230,000 in 2007(to be used for non-motorized southbound), removing the BNSF railroad bridge support pier,lowering the roadway to provide improvements). TIB awarded$2,202,000 in Transportation Partnership Program standard clearance under the bridge, adding left-turn lanes at intersections,widening sidewalks (TPP)grant funds in 2003.TIB awarded$1,906,200 in Urban Arterial Program (UAP) with streetscaping, adding pedestrian-scale illumination,bollards(at crossings),transit facility grant funds in 2006.$950,000 of mitigation funds must be dedicated to fulfill improvements(shelters, benches, info kiosks), planted buffer strips and landscaped medians. grant requirements to this project. JUSTIFICATION: CHANGES: Rainier Ave is a critical corridor in central Renton with existing operational problems and in need of This project has been expanded to extend improvements to Grady Way.The Hardie Ave infrasructure enhancements to provide greater ease of non-motorized and transit-based travel. Existing project has been dropped due to excessive costs increases and environmental high level of traffic congestion and accidents. Improvements will enhance traffic flow and reduce issues.Sound Transit(ST)funds are being transferred to the Rainier project. Design and construction of the main trunk storm water(estimated as$800,000) accidents. BAT lanes will be provided from S 2nd St to Grady Way southbound and from Grady Way to S will be funded by Utilities and are not included in the TIP. Roadway construction is 3rd St northbound. estimated to start in 2009. I Funded :I 27,396,3911 Unfunded :r 2,600,000 Project Totals Programmed Pre-2008 Six Year Program ITEM Programmed Spent Pre-2007 2007 Total 2008 2009 2010 2011 2012 2013 EXPENSES: Project Development Precon Eng/Admin 3,795,227 795,227 1,000,000 2,000,000 2,000,000 R-O-W(includes Admin) 7,000,984 984 200,000 6,800,000 6,800,000 Construction Contract 11,280,180 180 11,280,000 880,000 6,000,000 3,300,000 1,100,000, Construction Enq/Admin 1,520,000 1,520000 120,000 800,000 400,000 200,000 Other 6,400,000 6,000,000 400,000 400,000 TOTAL EXPENSES 29,996,391 796,391 7,200,000 22,000,000 10,200,000 6,800,000 3,700,000 1,300,000 SOURCES OF FUNDS: Vehicle Fuel Tax 708,000 113,000 595,000 235,000 150,000 210,000 Business License Fee 854,487 46,687 62,800 745,000 300,000 100,000 345,000 Proposed Fund Balance 2,767,237 181,437 2,544,200 41,600 41,600I Grants In-Hand 4,538,200 399,000 180,000 3,959,200 373,400 1,792,900 1,000,000 792,900 Mitigation In-Hand 3,495,365 127,371 1,300,000 2,067,994 450,000 765,894 645,000 207,100 Vehicle Fuel Tax 500,000 500,000 500,000 Other In-Hand (Sound Tran.) 14,533,102 41,896 3,000,000 11,491,206 8,800,000 2,691,206 Grants Proposed (T.I.B.) 2,600,000 2,600,000 1,300,000 1,000,000 300,000 Mitigation Proposed L.I.D.'s Proposed Other Proposed Undetermined TOTAL SOURCES 29,996,391 796,391 7,200,000 22,000,000 10,200,000 6,800,000 3,700,000 1,300,000 Rano,ST 08/21 r1007 12 65 PM 5-7 FINAL • 'ice VII INN ilii - UM MN MP IMP - Virili OM MI OM - m - mart mar CITY OF RENTON COUNCIL AGENDA BILL AIN: q„„, 410, Submitting Data: Planning/Building/Public Works For Agenda of: "'' Dept/Div/Board.. Transportation Systems Division November 5, 2007 Staff Contact Bob Hanson, x7223 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Consultant Contract with Widener and Associates Ordinance for Environmental Services for Transportation Resolution Projects Old Business Exhibits: New Business X Study Sessions Issue Paper Information ... Consultant Agreement Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Fiscal Impact: (Fund 317.12308 and 316.000000.020.5940.0076.63.020055) Expenditure Required... $ 250,000 Transfer/Amendment Amount Budgeted $ 400,000 Revenue Generated Total Project Budget $ 1,800,000 City Share Total Project.. SUMMARY OF ACTION: Several recently emerging transportation projects have created a need for ongoing consulting services for environmental services. Two specific such projects are the Logan Avenue North Bike Lane and the Oakesdale Avenue SW Monitoring and Maintenance project. (This is an ongoing responsibility associated with the completion of the road project several years ago.) The Logan Avenue North Bike Lane project has $1.4 million in potential federal grants and needs to complete the environmental review process as soon as possible because of the urgency of the Boeing Employee Park project immediately next to the bike lane. The Oakesdale Avenue SW ongoing responsibility is up for renewal, and there are a number of lower cost options available to the City. These have to be carefully documented and approved by the resource agencies. The availability of this consultant to work expeditiously on these types of projects is very important so that we can take advantage of various opportunities. The intent is that each specific project would have to be approved before this consultant commences work. Typically, the project budget already includes the cost of environmental review. STAFF RECOMMENDATION: otille Authorize the Mayor and City Clerk to execute a contract with Widener and Associates for Environmental Services for Transportation Projects. H\Division s\TRANSPOR.TAT\ADM1N\Agenda 2007\Agenda Bill Environmental services Widener doe `SY O� PLANNING/BUILDING/ ti `"�"" ® + PUBLIC WORKS DEPARTMENT • ' O� MEMORANDUM DATE: November 5, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Bob Hanson, Transportation Design Supervisor(x7223) SUBJECT: Consultant Contract with Widener and Associates for Environmental Services for Transportation Projects ISSUE: Should Council authorize the Mayor and City Clerk to execute a contract with Widener and Associates for Environmental Services for Transportation Projects?'ikkg` RECOMMENDATION: Authorize the Mayor and City Clerk to execute a contract with Widener and Associates for Environmental Services for Transportation Projects. BACKGROUND: Several recently emerging transportation projects have created a need for ongoing consulting services for environmental services. Two specific such projects are the Logan Avenue North Bike Lane and the Oakesdale Avenue SW Monitoring and Maintenance project (an ongoing responsibility associated with the completion of the road project several years ago). The Logan Avenue North bike lane project has $1.4 million in potential federal grants and needs to complete the environmental review process as soon as possible because of the urgency of the Boeing Employee Park project immediately next to the bike lane. The Oakesdale Avenue SW ongoing responsibility is up for renewal, and there are a number of lower cost options available to the City; these have to be carefully documented and approved by the resource agencies. The availability of this consultant to work expeditiously on these types of projects is very important so that we can take advantage of various opportunities. The intent is Toni Nelson, Council President Members of the Renton City Council Page 2 of 2 November 5, 2007 that each specific project would have to be approved before this consultant commences work. Typically, the project budget already includes the cost of environmental review. cc: Peter Hahn, Deputy PBPW Administrator—Transportation Bob Hanson,Transportation Design Supervisor Connie Brundage, Transportation Administrative Secretary *0.104 11'Urvlsiunsi RA NSPOR I A I AI INI IN Agenda 20117 I sine Paper Fm ironmelal Sen ce,,,ith Widener and Associates doe Local Agency Consultant/Address/Phone '`r Standard Consultant Widener &Associates Agreement 10108 32nd Avenue W, Suite D [1 Architectural/Engineering Agreement Everett, WA 98204-1302 I I Personal Services Agreement (425) 503-3629 Agreement Number Project Title and Work Description On-call Environmental Services for Public Works Projects Federal Aid Number/City Project Number Agreement Type (Choose One) DBE Participation I I Lump sum ❑ Yes I I No Lump sum Amount WBE Participation ❑ Yes I I No H Salary Cost Times a Multiplier Plus Direct Non-Salary Expenses Salary Cost Federal ID Number or Social Security Multiplier for Overhead & Number: 58-2590500 Profit ,, Salary Cost times Multiplier Do you require a 1099 for Comp. Date Non-Salary Expenses IRS? Subconsultant Cost I I Yes No 12/31/09 Total Amount Authorized Management Reserve Maximum Amount Payable Total Amount Authorized Management Reserve Fund ® Specific Rates of Pay Maximum Amount Payable $250,000.00 ® Negotiated Hourly Rate Provisional Hourly Rate THIS AGREEMENT, made and entered into this day of between the Local Agency of City of Mount Vernon. Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statues relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT .The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II. Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress reports, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Pan 26 in the award and administration of USDOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. New The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V. Payment Provisions The CONSULT ANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI. Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G" attached hereto and by this reference made part of this AGREEMENT. No, Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub- consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written pemlission of the AGENCY .No permission for sub- contracting shall create, between the AGENCY and sub-contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII. Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage ` fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII. Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 lorme (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"H" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In such an event, the amount to be paid shall be deteml fined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date oftemlination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of temlination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULT ANT'S or its employee's default or negligence, the temlination shall be deemed to be a teml ination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the temlination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULT ANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership,termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the , AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULT ANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI. Disputes *111r Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided, however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "1", and disputes concerning claims will be conducted under the procedures found in Exhibit "K". XII. Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. XIII. Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted low and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the CONSULTANT'S agents or employees, and (b)the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the �w..r CONSULTANT' S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the *4100* state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. C. Vehicle liability insurance for any automobile used in an amount not less than a one .414'' million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSUL TANT' S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI. Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII. Certification of the Consultant and the Agency Attached hereto as Exhibit "M-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit"M-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4" Certificate of Current Cost or Pricing Data. Exhibit"M-3" is required only in AGREEMENTS over$100,000 and Exhibit"M-4" is required only in AGREEMENTS over $500,000. XVIII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and *410, 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 ,4410 AGREEMENT. XIX. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. / r By By Mayor Date CONSULTANT Date CITY OF Renton Recommended: Public Works Director Attest: Finance Director Approved as to form: City Attorney Exhibit A 44.09 Scope of Work (Task Order Agreement) Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be individually negotiated with the CONSULTANT. The amount established for each assignment will be the maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY is not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY'S and CONSULTANTS obligations hereunder are limited to tasks assigned in writing. Task assignments may include but are not limited to, the following types of work: A. Prepare Endangered Species Act documentation for Section 7 consultations. B. Identify Wetlands; prepare wetland maps and mitigation plans. C. Obtain State and Federal permits for transportation projects. D. Develop all necessary NEPA and SEPA documentation for federally and local funded projects. E. Provide wetland mitigation monitoring, maintenance, and construction. • Exhibit D Consultant Fee Determination — Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Overhead Profit Rate Per Rate @ 150% @ 30% Hour Manager $50 $75.00 $15.00 $140.00 Biologist $31 $46.50 $9.30 $86.80 Nod DOT Form 140-089 EF Formal Task Assignment yd Revised 6/05 Exhibit Task Assignment 1 Oakesdale Avenue SW Wetland Mitigation Site Scope of Work Environmental Services PROJECT UNDERSTANDING Currently the City has undertaken the development of a mitigation site to compensate for the wetland impacts associated with widening of Oakesdale Avenue. Conditions on the Section 404 permit and Section 401 permit required the City to monitor the sites and submit reports to the Corp and DOE. The current monitoring and site maintenance efforts have experienced some technical difficulties. The scope of this work provides for the review of the past mitigation and monitoring work and development of a memorandum to outline the alternatives and make a final recommendation on how best to completely comply with permit requirements placed on the Oakesdale Avenue widening project. TASKS: 1. Collect and review available documentation concerning the project activities, as-built mitigation plans,past monitoring reports and permits. 2. Conduct a detailed field review of the existing site conditions. 3. Develop a consultation strategy. 4. Identify and contact the resource agency and obtain input on the project. 5. Prepare a draft memorandum outline three options for completing the mitigation obligations. Each option will be evaluated for budget and proablity of success. 6. Facilitate coordination meetings with City staff to discuss the memorandum and select the final alternative. Task Assignment 1 Oaksdale Avenue SW Wetland Mitigation Site Exhibit D City of Renton Cost Estimate for Environmental Documentation NINO Project Project Manager Biologist Data Collection and Review 8 16 Field Investigation 4 16 Resource Agency Coordination 8 4 Draft Memorandum 16 32 Meeting with City 8 4 Final memorandum and Recommendation 12 16 Totals 56 88 Summary Hours Direct *Overhead **Profit Rate Cost Project Manager 56 $50.00 $75.00 $15.00 $140.00 $7,840.00 Project Biologist 88 $31.00 $46.50 $9.30 $86.80 $7,638.40 Total Labor *Ovcrhead 150% **Profit 30% TOTAL ESTIMATED COST $15,478.40 Assumes client provides exhibits/plan.description of project activities. Exhibit Task Assignment 1 Lake Washington Trail Connection Now Scope of Work Environmental Services PROJECT UNDERSTANDING The City is currently undertaking the development of a bike lane along the west side of Logan Avenue from Gene Coulon Memorial Beach Park to Airport Way South. The project will consist of widening the existing Logan Way from Gene Coulon Park to North 6th Street by adding an additional 5 feet of paved shoulder. The section of Logan Avenue from North 6th Street to Airport Way South will be restriped to accommodate the new bike lane. The scope of this work provides for the completion of the necessary NEPA documents. The work will be preformed in accordance with WSDOT LAG manual. The following tasks are anticipated. TASKS: 1. Collect and review available design and planning documentation for the project. 2. Conduct a detailed field review of the existing site conditions. 3. Identify and contact the resource agency and obtain input on the project. *sow 4. Complete a Section 106 analysis and summarize the results in the ECS document. 5. Complete a Section Seven Effects analysis and summarize the results in the ECS. 6. Prepare a NEPA ECS. DELIVERABLES: 1. Draft ECS document 2. Final ECS document err Exhibit D City of Renton Cost Estimate for Environmental Documentation Project Project Manager Biologist Data Collection and Review 4 4 Field Investigation 4 16 Resource Agency Coordination 8 4 Draft ECS 16 32 Final ECS 4 8 Totals 36 64 Summary Hours Direct *Overhead **Profit Rate Cost Project Manager 36 $50.00 $75.00 $15.00 $140.00 $5,040.00 Project Biologist 64 $31.00 $46.50 $9.30 $86.80 $5,555.20 Total Labor *Overhead 150% **Profit 30% TOTAL ESTIMATED COST $10,595.20 Assumes client provides exhibits/plan.description of project activities Assumes a no effect for ESA VI# Exhibit Task Assignment 2 Lake Washington Trail Connection Nur Scope of Work Environmental Services PROJECT UNDERSTANDING The City is currently undertaking the development of a bike lane along the west side of Logan Avenue from Gene Coulon Memorial Beach Park to Airport Way South. The project will consist of widening the existing Logan Way from Gene Coulon Park to North 6th Street by adding an additional 5 feet of paved shoulder. The section of Logan Avenue from North 6th Street to Airport Way South will be restriped to accommodate the new bike lane. The scope of this work provides for the completion of the necessary NEPA documents. The work will be preformed in accordance with WSDOT LAG manual. The following tasks are anticipated. TASKS: 1. Collect and review available design and planning documentation for the project. 2. Conduct a detailed field review of the existing site conditions. 3. Identify and contact the resource agency and obtain input on the project. 4. Complete a Section 106 analysis and summarize the results in the ECS document. 5. Complete a Section Seven Effects analysis and summarize the results in the ECS. 6. Prepare a NEPA ECS. DELIVERABLES: 1. Draft ECS document 2. Final ECS document *`rr Task Assignment 2 Lake Washington Trail Connection Exhibit D City of Renton Cost Estimate for Environmental Documentation Project Project Manager Biologist Data Collection and Review 4 4 Field Investigation 4 16 Resource Agency Coordination 8 4 Draft ECS 16 32 Final ECS 4 8 Totals 36 64 Summary Hours Direct *Overhead **Profit Rate Cost Project Manager 36 $50.00 $75.00 $15.00 $140.00 $5,040.00 Project Biologist 64 $31.00 $46.50 $9.30 $86.80 $5,555.20 Total Labor *Overhead 150% NIS **Profit 30% TOTAL ESTIMATED COST $10,595.20 Assumes client provides exhibits/plan,description of project activities Assumes a no effect for ESA CITY OF RENTON COUNCIL AGENDA BILL AI#: 90 !'1, Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division November 5, 2007 Staff Contact Bob Hanson, x7223 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Logan Avenue North Bike Lane Design Contract Ordinance with WHPacific Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Consultant Agreement Information Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Fiscal Impact: (Acct No. 316.000000.020.5940.0076.63.020055 - Sam Chastain Waterfront Trail) Expenditure Required... $ 155,000 Transfer/Amendment Amount Budgeted $ 218,018 Revenue Generated Total Project Budget $ 1,400,000 City Share Total Project.. SUMMARY OF ACTION: 44411.1 Very recently the City had to alter its Sam Chastain Trail project from the original trail over Lake Washington, north of the Boeing plant, to a bike lane along Logan Avenue North. This work requires design of the southbound bicycle lane and close coordination work with the design of the adjacent Boeing Employee Park. This work may include re-design of the Boeing park. The City Council had just approved this design contract as a supplement to the WHPacific contract for The Landing project (which included Logan Avenue North). However, in order to qualify the Logan Avenue North bike lane for the $1.4 million in federal funding already awarded for the original work, a separate contract needs to be approved. For 2007, this project was placed in the budget under the Parks Division. In the future, this project will be converted to a Fund 317 Transportation project. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a Consultant Agreement with WHPacific for the design of the Logan Avenue North Bike Lane Project. H\Division s\TRANSPOR.TAT\ADMIN Agenda 2007\Agenda Bill Logan Bike Lane Design WHPacific doc fY O� PLANNING/BUILDING/ ti ® PUBLIC WORKS DEPARTMENT • • _Nr-rO� MEMORANDUM DATE: November 5, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: 4', Kathy Keolker, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Bob Hanson, Transportation Design Supervisor(x7223) SUBJECT: Logan Avenue North Bike Lane Design Contract with WHPacific ISSUE: Should Council authorize the Mayor and City Clerk to execute a design contract with WHPacific for the Logan Avenue North Bike Lane? RECOMMENDATION: Authorize the Mayor and City Clerk to execute a Consultant Agreement with WHPacific for the Logan Avenue Bike Lane Project. BACKGROUND: Very recently the City had to alter its Sam Chastain Trail project from the original trail over Lake Washington, north of the Boeing plant, to a bike lane along Logan Avenue North. This work requires design of the southbound bicycle lane and close coordination work with the design of the adjacent Boeing Employee Park. This work may include re-design of the Boeing park. The City Council had just approved this design contract as a supplement to the WHPacific contract for The Landing project (which included Logan Avenue North). However, in order to qualify the Logan Avenue North bike lane for the $1.4 million in federal funding already awarded for the original work, a separate contract needs to be approved. For 2007, this project was placed in the budget under the Parks Division. In the future, this project will be converted to a Fund 317 Transportation project. cc: Peter Hahn, Deputy PBPW Administrator—Transportation Bob Hanson,Transportation Design Supervisor Derek Akesson,Transportation Design Project Manager Nisei Connie Brundage,Transportation Administrative Secretary Consultant/Address/Telephone Local Agency WHPacific Standard Consultant 3350 Monte Villa Parkway Agreement Bothell, WA 98021 ®Architectural/Engineering Agreement ❑Personal Services Agreement 425-951-4800 Agreement Number Project Title And Work Description Logan Avenue Bike Trail Federal Aid Number Engineering design services for the addition of a southbound bike lane on Logan Ave N. Agreement Type(Choose one) Lump Sum Lump Sum Amount $ ®Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate 168.61 % ID Yes No Overhead Cost Method Federal ID Number or Social Security NumberI / a El Actual Cost 73-16504471) Do you require a 1099 for IRS? Completion Date Arr t\ ❑Actual Cost Not To Exceed % ®Yes ❑No December 31,..2.007-- g Fixed Rate 30 % Fixed Fee $ NIS Total Amount Authorized$ 139,883.61 El Specific Rates Of Pay ❑Negotiated Hourly Rate Management Reserve Fund$ 15,116.39 ❑Provisional Hourly Rate Maximum Amount Payable$ 155,000.00 ❑Cost Per Unit of Work Index of Exhibits Exhibit"A"-Scope of Work -'Exhibit-``B" DBE-Partisipatien Exhibit"C"-Electronic Exchange of Engineering and Other Data Exhibit"D"-Payment(by Agreement Type) Exhibit"E"-Consultant Fee Determination Exhibit"F"-Breakdown of Overhead Cost Exhibit"G"-Subcontract Work/Fee Determination Exhibit"H"—Title VI Assurances Exhibit"I"—Payment Upon Termination of Agreement Exhibit"J"—Alleged Consultant Design Error Procedures Exhibit"K"—Consultant Claim Procedures Exhibit"L"—Liability Insuraneelnerease• Exhibit"M"—Certification Documents THIS AGREEMENT,made and entered into this day of , 2007 between the Local Agency of City of Renton ,Washington,hereinafter called the"AGENCY", and the above organization hereinafter called the"CONSULTANT". vette DOT Form 140-089 EF Page 1 of 8 Revised 8105 WITNESSETH THAT: WHEREAS,the AGENCY desires to accomplish the above referenced project,and WHEREAS,the AGENCY does not have sufficient staffto meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration,if applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows: 1 General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. Ill General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings with the AGENCY and/or such Federal,State,Community,City or County officials,groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts.Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,or participation of Minority Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit "B"attached hereto and by this reference made a part of this AGREEMENT.If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUE)regulation outlined in the AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.All electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C." All designs,drawings,specifications,documents,and other work products,including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT.A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT.Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items ofwork as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub-contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee,commission, percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired employees,without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract,the CONSULTANT,for itself,its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et.seq.) Now 49 CFR Part 21 23 CFR Part 200 ROW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H"in every sub-contract,including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part ofthe CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"P'for the type of AGREEMENT used. No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate.If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part ofthe CONSULTANT,the above formula for payment shall not apply. Nirr✓ Page 4 of 8 In such an event,the amount to be paid shall be determined by the AGENCY 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 a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT,if requested to do so by the AGENCY.This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof.Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided,however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to de novo judicial review.If the parties to this AGREEMENT mutually agree,disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"I",and disputes concerning claims will be conducted under the procedures found in Exhibit"K". XII Venue,Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the Iaws of the State of Washington.The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims,demands,or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE,their agents, officers and employees;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE,their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence ofthe CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42.23,which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts,if any,on the PROJECT.Subject to the processing of a new sole source,or an acceptable supplemental agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration.By providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. 4ftwr The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required,the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A.Worker's compensation and employer's liability insurance as required by the STATE. B.Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000)for bodily injury,including death and property damage.The per occurrence amount shall not exceed one million dollars($1,000,000). C.Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY reserves the right to require complete,certified copies of all required insurance policies at any time. All insurance shalt be obtained from an insurance company authorized to do business in the State of Washington.The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L".In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Nitiory Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIV Extra Work A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed. B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the AGREEMENT accordingly. C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M-2" Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered Transactions,Exhibit "M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over S 100,000 and Exhibit"M-4"is required only in AGREEMENTS over$500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties. No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one(1)of this AGREEMENT. err✓ By By Consultant WHPacific Agency City of Renton DOT Form 140.089 EF Revised 6/05 Page 8 of 8 Exhibit A Scope of Work The City of Renton has requested additional engineering services to prepare a design for the addition of a southbound bike lane on Logan Ave N from N 6th Street to Park Ave N.The proposed work removes existing cement concrete pavement and curb on the left side of Logan Ave N by sawcutting six(6)inches in from the face of curb,placing new crushed surfacing base course,HMA,striping for a bike lane,adding new extruded curb,and relocating traffic signal poles,fire hydrants and signs.The proposed work will also look at revising the existing channelization on Logan Ave N from the driveway at station 63+50 right to the intersection of Park Ave N to the intersection at Garden Ave for adding bike lanes and an additional through lane at Park Ave N. The services provided will include the following tasks. Project Management The CONSULTANT shall provide project management and administration,liaison with the City, prepare monthly narrative progress reports,and attend and/or conduct project related meetings to coordinate the project activities.The CONSULTANT shall attend up to three(3)project related meetings with the City. The CONSULTANT shall complete a quality assurance check prior to submitting any work for the City's review.A quality assurance check shall be used to confirm that the design work exceeds the City standards and that the work is of professional quality and meets industry standards.The quality assurance check shall include review of engineering,drafting and clerical '"v errors or omissions.Lead designers shall review detailed technical work while it is in progress,as well as after the work products are assembled for submittal.The City shall provide additional quality review,which will be coordinated with the CONSULTANT,Project Manager and pertinent staff members. Survey The CONSULTANT shall conduct a topographic as built survey of the project site.The topographic survey shall include existing surface utility locations and all visible planimetric features,including all trees within the project limits. CONSULTANT shall show the identified utilities on the base map. The survey project limits will be Logan Ave N from project station 144+10.75 to 69+00 and from the face of curb on the right to ten(10)feet past the face of curb on the left. Right of Way The CONSULTANT will prepare a legal description of the new Boeing property to be used for the bike lane. Landscape Design Revisions Landscape design revisions will be performed to accommodate the new bike trail. Plans The CONSULTANT shall develop preliminary improvement plans in a scroll plot format and typical section details for the improvements for submittal to the City and Boeing for their use in finalizing Boeing's park plans as the first item of work. The CONSULTANT shall prepare a more detailed scroll plot and typical section details of improvements for the City to take to a contractor for determining the level of plan preparation needed to construct the sawcutting,removal of concrete pavement,placement of HMA,new curb, striping,and relocation of signing. timpe The CONSULTANT shall prepare preliminary channelization revisions plans in a scroll plot format for the City to review and approve for finalizing into plan revisions The CONSULTANT shall review signal pole relocation needs at N 10th Street for signal head,j- box and rewiring needs. The CONSULTANT shall prepare a detailed cost estimate that will include quantity backup for the revisions. The CONSULTANT shall prepare plans for preparing a change order for work not completed by contractor, i.e. signal and channelization revisions. The CONSULTANT will complete the work within 6 weeks of the Notice to Proceed. Nor, Now P,City of Renton 000000 Logan Ace Bike Trail,Seope of N ork dot Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency,as applicable,is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency.The format and standards to be provided may include,but are not limited to,the following: I. Surveying,Roadway Design&Plans Preparation Section A. Survey Data B.Roadway Design Files C.Computer Aided Drafting Files D.Specify the Agency's Right to Review Product with the Consultant E.Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A.Agency Software Suite B.Electronic Messaging System C.File Transfers Format DOT Form 140-089 EF Exhibit C Revised 6/05 Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work specified in Section II,"Scope of Work."The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs:Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee.The actual cost shall include direct salary cost, overhead,direct non-salary costs,and fixed fee. 1. Direct Salary Costs:The Direct Salary Cost is the direct salary paid to principals, professional,technical,and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT.The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs:Overhead Costs are those costs other than direct costs,which are included as such on the booksof the CONSULTANT in the normal everyday keeping of its books.Progress payments shall be made at the rateshown in the heading of this AGREEMENT under"Overhead Progress Payment Rate."Total overhead paymentshall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate:If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown.This rate shall not change during the life of the AGREEMENT. b. Actual Cost:If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit,up to the Maximum Total Amount Payable,authorized under this AGREEMENT,when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit`B"attached hereto and by this reference made part of this AGREEMENT.When an Actual Cost method is used,the CONSULTANT(prime and all sub-consultants)will submit to the AGENCY within six(6)months after the end of each firm's fiscal year,an overhead schedule in the format required by the AGENCY(cost category,dollar expenditures,etc.)for the purpose of adjusting the overhead rate for billing purposes.It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Nur DOT Form 140-089 EF Exhibit D-2 Revised 6/05 4 Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books andrecords at any time during regular business hours to determine the actual overhead rate,if they so desire. 3. Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include,but are not limited to,the following items:travel,printing,long distance telephone,supplies,computer charges and fees of sub-consultants.Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY.The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,train,and rental car costs)in accordance with the AGENCY'S Travel Rules and Procedures. However,air,train,and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations(CFR)Part 31.205-46"Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT.The CONSULTANT shall maintain the original supporting documents in their office.Copies of the original supporting documents shall be supplied to the AGENCY upon request.All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee:The Fixed Fee,which represents the CONSULTANT'S profit,is shown in the heading of this AGREEMENT under Fixed Fee.This amount does not include any additional Fixed Fee,which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the vid estimated person-hours required to perform the stated Scope of Work.In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee.The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings.Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment,subject to the provisions of Section IX entitled"Termination of Agreement." 5.Management Reserve Fund:The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT.The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT.This fund may not be replenished.Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV,"Extra Work." 6. Maximum Total Amount Payable:The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT.The Maximum Total Amount Payable is comprised of the Total Amount Authorized,and the Management Reserve Fund.The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV,"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments:The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III,"General Requirements" of this AGREEMENT.The billings will be supported by an itemized listing for each item including Direct Salary,Direct Non-Salary,and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees,the AGENCY may conduct employee interviews.These interviews may consist of recording the names,titles,salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports, electronic data and other related documents which are required to be furnished under this AGREEMENT.Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment.In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States,for a period of three (3)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation,claim or audit arising out of, in connection with,or related to this contract is initiated before the expiration of the three(3)year period,the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is completed. Project:Logan Ave Bike Trail Exhibit E Client:City of Renton Consultant Fee Determination Date: October 30,2007 Labor Hour Estimate Project Project Senior Surveyor Principal Manager Engineer Designer Technician Surveyor Crew Clerical Project Project Hrs® Hrs® Hrs @ Hrs @ Hrs @ Hrs @ Hrs @ Hrs @ Hours Cost Project Tasks $ 70.00 $ 60.00 $ 42.00 $ 35.00 $ 30.00 $ 45.00 $ 53.00 $ 25.00 1.Project Management&Administration 40 12 10 62 $3,154.00 2.Survey 2 32 6."' 40 2 . 82 $3,700.00 3.Legal Description 2 12 $560.00 4.Design Plans Scrolls 2 48 40 90 $3,000.00 Plans 2 16 40 58 $1,880.00 Cost Estimate 4 4 16 1 25 $993.00 5.Landscape Plan Revisions Bruce Dees&Associates Labor Subtotal 4 48 I 16 124 1 80 1 6 40 [ 13 331 $13,287.00 Overhead (Labor"168.61%) $22,403.21 Fee (Labor*30%) $3,986.10 Total Labor $39,676.31 EXPENSES Cost Expenses Item Quantity Unit per Unit Cost Mileage 180 Miles $0.485 $8730 Plots 40 Each $3.00 $120.00 Total Expenses $207.30 SUBCONSULTANTS Item Markup Cost Cost Bruce Dees&Associates 1.0 $100,000.00 $100,000.00 Total Subconsultants $100,000.00 Management Reserve $15,116.39 TOTAL $155,000.00 P.1Ciy or annton\000000LL.ogan Avo Blko TraIRCost Est 1 D3D07xls Exhibit F ASCG INCORPORATED SCHEDULE OF INDIRECT COSTS For the Year Ended September 24,2006 Percent Total Unallowable Costs Allowable of Direct Costs (See Note 6) Costs Labor Direct labor $ 22,268,476 $ - $ 22266,476 Indirect costs Payroll burden: Indirect labor $ 11,674,587 5 - $ 11,674,587 Fringe benefits 14,023,120 (1) ($8,988) 13,924,132 Other payroll related costs 1,924,784 (2) (103,202) 1,821,562 , Total payroll burden 27,622,471 (202,190) 27,420,281 Other indirect costs: Travel 1,041,739 (3) (19,467) 1,022,272 Freight 159,136 - 159,136 Legal 354,369 (4) (3,878) 350,711 Consulting 650,708 - 650,708 Occupancy 3,878,810 _ 3,878,810 Communications 679,796 - 579,796 Insurance 927,754 - 927,764 'ftwr Depreciation and amortization 2,313,645 (6) (578,000) 1,735,545 Property maintenance and taxes 75,227 - 76,227 Equipment rent and operations 1,511,844 - 1,511,844 Office operations 1,844,999 (6) (2,938) 1,842,081 Business development 92,045 (6)(7)(8) (10,937) 81,108 Advertising 367,435 (7) (235,591) 131,844 Entertainment 44,839 (8) (44,839) Contributions 32,413 32,413 (9)(10) (32,413) - Bad debts 467,872 (11) (467,872) - Other (3,930) - (3,930) Gain on sale of assets (6,853) - (5,853) Interest 700,175 (12) (700,175) - Federal income tax refund (122,328) (13) 122,328 - Taxes,other 274,358 - 274,358 Total other indirect costa 16,184,983 (1,973,582) 13,211,401 Indirect costs before adjustment 42,807,454 (2,175,772) 40,631,682 Adjustments and offsets: Reimbursements-related entities (3,524,622) (14) - (3,524,622) Reimbursed unit costs (467,655)(15) - (467,655) Fiscal year 2006 adjustments 660,746 (16) - 660,746 Total indirect costs $ 39,476,923 MOM $ 37,300,151, 167.52% Facilities capital cost of money $ 243,526 1.09% The accompanying notes are an integral part of this schedule. J,C -2- Exhibit G -41100 Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Bruce Dees &Associates for T at:tdscape work DOT Form 140-089 EF Exhibit G Revised 6/05 Exhibit H Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,and successors in interest agrees as follows: Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non-discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations, Part 21,as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination:The CONSULTANT,with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of sub-consultants,including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS,including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment:In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract,including procurement of materials or leases of equipment,each potential sub-consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color,sex, or national origin. 4. Information and Reports:The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records, accounts,other sources of information,and its facilities as may be determined by AGENCY,STATE or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders and instructions.Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY,STA I'L or the FHWA as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance:In the event of the CONSULTANT'S non-compliance with the non-discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STA 1'E or the FHWA may determine to be appropriate,including,but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies,and/or; • Cancellation,termination,or suspension of the AGREEMENT,in whole or in part DOT Form 140-089 EF Exhibit H Revised 8105 6. Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs(1)through(5) in every sub-contract,including procurement of materials and leases of equipment,unless exempt by the REGULATIONS,or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY,STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT.In addition,the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made,shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this Nimeow AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. New DOT Form 140.089 EF Exhibit 1 Revised 8/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care.In addition,it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 —Potential Consultant Design Error(s)is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects,the Region Highways and Local Programs Engineer should be informed and involved in these procedures.(Note:The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project,to be responsible for the remaining steps in these procedures.) Step 2-Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project.Examples include: all decisions and descriptions of work;photographs,records of labor,materials and equipment. Step 3--Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel(including sub-consultants) deemed appropriate for the alleged design error(s)issue. Step 4—Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s).If this is the case,then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred.If this is the case,then the Director of Public Works or Agency Engineer,or their representatives,negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place.The agency is to provide H&LP,through the Region DOT Form 140-089 EF Exhibit J Revised 5/05 Local Programs Engineer,a summary of the settlement for review and to make adjustments,if any,as to how the settlement affects federal reimbursements.No 'to'` further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s)issue be forwarded to the Director of Public Works or Agency Engineer for review.If the Director of Public Works or Agency Engineer,after review with their legal counsel,is not able to reach mutual agreement with the consultant,proceed to Step 5. Step 5—Forward Documents to Highways and Local Programs For federally funded projects all available information,including costs,should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA.H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s),and attempt to find a resolution to the issue.If necessary,H&LP will request assistance from the Attorney General's Office for legal interpretation.H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution.H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following procedures should only be utilized on consultant claims greater than$1,000.If the consultant's claim(s)are a total of $1,000 or less,it would not be cost effective to proceed through the outlined steps.It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant, Step 1 —Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim.The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with NIS the additional work;and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager.The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim.If the FHWA is participating in the project's funding,forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer.If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager,Director of Public Works or Agency Engineer,WSDOT Highways and Local Programs(if applicable),and FHWA(if applicable)agree with the consultant's claim,send a request memo,including backup documentation to the consultant to either supplement the agreement,or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim.Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. °*Nir.- Step 3—Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s);and • Recommendations to resolve the claim. Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim,or portions thereof,which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures).If the project involves federal participation,obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim.If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5—Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s).Include the final dollar amount of the accepted claim(s)and rationale utilized for the decision. Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim.Inform the consultant that the final payment for the agreement is subject to audit. Norm Exhibit M-1(a) Certification Of Consultant Project No. Local Agency City of Renton I hereby certify that I am Principal and duly authorized representative of the firm of WHPacific whose address is 3350 Monte Villa Parkway Bothell,Washington 98021 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure the AGREEMENT; (b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT;or (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution,donation,or consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is void subject to applicable State and Federal laws,both criminal and civil. Date Signature DOT Form 140.089 EF Exhibit M-1(a) Revised 6/05 Exhibit M-2 `ow, Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions L The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph(l)(B).of this certification;and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. H. Where the prospective primary participant is unable to certify to any of the statements in this certification, 'tow, such prospective participant shall attach an explanation to this proposal. Consultant(Firm): WHPacific (Date) (Signature)President or Authorized Official of Consultant IOW DOT Form 140-089 EF Exhibit M-2 Revised 6/05 Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): WHPacific (Date) (Signature)President or Authorized Official of onsu an • DOT Form 140-089 EF Exhibit M-3 Revised 8/05 Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that,to the best of my knowledge and belief,the cost or pricing data(as defined in section 15.401 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15.403-4) submitted,either actually or by specific identification in writing,to the contracting officer or to the contracting officers representative in support of the Logan Ave N Southbound Bike Lane * are accurate,complete,and current as of October 30,2007 **.This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Finn WI-Pacific Name David Williams Title Director of Transportation Date of Execution*** * Identify the proposal,quotation,request for price adjustment,or other submission involved, giving the appropriate identifying number(e.g.,RFP No.). ** Insert the day,month,and year when price negotiations were concluded and price agreement was reached. *** Insert the day,month,and year of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 8/05 ACORD,„ CERTIFICATE OF LIABILITY INSURANCE DAT (MM/DD/YY) ) NIS PRODUCER 206-701-5000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Fargo Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License #0531007 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, P.O. Box 91143 Seattle, WA 98111-9243 INSURERS AFFORDING COVERAGE INSURED INSURER A: Evanston Insurance Company W&H Pacific, Inc, NAN18280 INSURER e: National Union Fire Ins Co. 3350 Monte Villa Parkway INSURER C: COLONY INS. CO. Bothell, WA 98021 INSURER D: ACE American Insurance Co. I INSURER E: Lexington Insurance Company COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ��p INSR TYPE OF INSURANCE POLICY NUMBER DATIE(MM/DST!Y1 DAT£Y(M DADTAN LIMITS LTR A GENERAL LIABILITY 07PKG01067 5/01/07 5/01/08 EACH OCCURRENCE S 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(My one Ere) S 50000 CLAIMS MADE I X I OCCUR MED EXP(Any one person) $ 5000 X STOP GAP PERSONAL&ADV INJURY S 1000000 GENERAL AGGREGATE S 2000000 GEN'L AGGREGATE� LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2000000 —I POLICY I < PIN n LOC B AUTOMOBILE LIABILITY 4575876 5/01/07 5/01/08 COMBINED SINGLE OMIT $ 1000000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per perscn) $ — X HIRED AUTOS BODILY INJURY (Per accident) $ )( NON-OWNED AUTOS Ai PROPERTY DAMAGE S 4111110, (Per accident) GARAGE LIABILITY _AUTO ONLY-EA ACCIDENT 5 ANY AUTOOTHERTHAN EA ACC $ AUTO ONLY: AGG $ C EXCESS LIABILITY AR6460100A 5/01/07 5/01/08 EACH OCCURRENCE $ 10000000 X l OCCUR CLAIMS MADE AGGREGATE $ 10000000 S DEDUCTIBLE S RETENTION $ $ • D WORKERS COMPENSATION AND WLRC4446648A 5/01/07 5/01/08 TORY LIMITS OER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1000000 E.L.DISEASE-EA EMPLOYEE $ 1000000 E.L.DISEASE•POLICY LIMIT 5 1000000 E OTHER 1156801 5/01/07 5/01/08 PROFESSIONAL $10,000,000 PER CLAIM/AGG. LIABILITY $250,000 DED PER CLAIM DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE:LOGAN AVENUE BIKE LANE PROJECT. SEE ATTACHMENT FOR ADDITIONAL INSURED WORDING, CERTIFICATE HOLDER ADDITIONAL INSURED, INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Renton DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN Attn: Rob L. Lochmiller NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO 00 SO SHALL 1055 S Grady Way IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Renton WA 98055 RE SEN TIV . AUTHG�tIZ REP .E 'TI sI dli tt ♦♦♦ ACORD 25-S(7/97) 11-38 0ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. "ACORD 25-S(7/97) *** DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES *** THE CITY OF RENTON IS ADDITIONAL INSURED UNDER GENERAL LIABILITY AS RESPECTS THEIR INTEREST IN THE INSURED OPERATIONS OF THE NAMED INSURED REAGRDING THE LOGAN AVENUE BIKE LANE PROJECT PER THE ATTACHED ENDORSEMENT. SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER SHOWN TO THE LEFT. DJT ( .._ ... .... .... (. --- ..itat.rpt Expenditure Status Report Page: 2 09/13/2007 8:24AM City of Renton 8/1/2007 through 8/31/2007 316 MUNICIPAL FACILITIES CIP FUND 000000 NO PROGRAM 020 ' COMMUNITY SERVICES DEPARTMENT Adjusted Year-to-date Year-to-date Prct Account Number Appropriation Expenditures Expenditures Encumbrances Balance Used 5940.0076.63.000004 MAJOR MAINTENANCE/LEASED FACILITIES 275,517.00 12,534.74 78,039.04 0.00 197,477.96 28 32 5940.0076.63.000005 MAJOR MAINTENANCE PARKS/EDLUND PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 5940.0076.63.020019 CITY HALL FLOOD WALL 0.00 0.00 0.00 0.00 0.00 0 00 5940.0076.63.020020 TREE MAINTENANCE 32,000.00 0 00 9,909.90 0.00 22,090.10 30 97 5940.0076.63 020021 SR.CENTER PAVER REPAIR 0.00 0.00 0.00 0.00 0.00 0.00 5940.0076.63.020022 CEDAR RIVER EROSION PROTECTION 0.00 0.00 0.00 0.00 0.00 0 00 5940.0076.63.020023 JONES PARK PAVER REPAIR 0.00 0.00 0.00 0.00 0.00 0.00 5940 0076.63.020024 REMOVAL OF SWIMMING POOL 0.00 0.00 0.00 0.00 0.00 0 00 5940.0076.63.020025 BALLFIELD RENOVATION 0.00 0.00 0.00 0.00 0.00 0.00 5940 0076 63.020026 MILL AVE BUILDING IMPROVEMENTS 0.00 0.00 0.00 0.00 0.00 0.00 5940.0076.63.020027 IRRIGATION SYSTEM RENOVATION 100,000.00 16,148.00 16,148.00 0.00 83,852.00 16 15 5940.0076.63.020029 FIRE STATION IMPROVEMENTS 0.00 0.00 0.00 0.00 0.00 0 00 5940 0076.63.020030 SENIOR CTR ROOF REPLACEMENT 0.00 0.00 0.00 0.00 0.00 0 00 5940.0076 63.020032 RENTON COMM CNTR MAJOR MAINT 0.00 0.00 0.00 0.00 0.00 0 00 5940.0076 63.020033 NO HILNDS GYM/CARPET REPLCMENT 0.00 0 00 0.00 0.00 0.00 0.00 5940.0076.63.020034 CITY FACILITIES REPAVING 37,099.00 0 00 0.00 0.00 37,099.00 0.00 5940.0076 63.020035 PAVEMENT REPAIRS-PARKING AND DRIVES 58,000.00 0.00 21,336.68 8,475.52 28,187.80 51 40 5940 0076.63.020036 PAVEMENT REPAIR-TRAILS,WALKS AND PATHS 150,000 00 0.00 55,745.91 0.00 94,254.09 37 16 5940.0076.63.020037 PAVEMENT REPAIRS-HARDCOURT SURFACES 0.00 0.00 0.00 0.00 0.00 0 00 5940.0076.63.020039 COMPREHENSIVE PLAN UPDATE 41,072.00 0 00 2,012 00 0 00 39,060.00 4 90 5940.0076.63.020041 ATHLETIC FIELD LIGHT POLE REPL 0.00 0 000.00 0.00 0 00 0 00 5940.0076.63 020042 KENNYDALE BEACH RESTORATION 0.00 0.00 0.00 0.00 0.00 0 00 5940.0076.63.020045 CITY NEIGHBORHOOD BEAUTIFICATION 81,520.00 0.00 1,993.26 0.00 79,526.74 2 45 5940.0076.63.020049 SKATE BOARD PARK 0.00 0 00 0.00 0.00 0.00 0.00 594' 1176.63.1 II • MUSEUM MAJOR MAINT , II 0.00 25,000 00 0.00 747 00 97 10 5941 11 . . 1 1055 .AM CHASTAIN WATERFRONT TRAIL 218,018.01 0.00 29,192.67 0.00 188,825.33 13 39 5940.0076.63.020056 HENRY MOSES AQUATIC CENTER LIGHTING ,•,945.00 0.00 25,032.00 0.00 24,913.00 50.12 5940.0076.63.020057 HENRY MOSES AQUATIC CENTER MINOR IMPRVMT 120,000.00 0.00 16,843.40 0.00 103,156.60 14 04 5940.0076 63.020060 SPRINGBROOK TRAIL MISSING LINK 711,038.00 0.00 4,763.71 0.00 706,274.29 0 67 5940 0076 63.020065 REGIS PARK ATHLETIC FIELD EXPANSION 100,000.00 0.00 49,291.65 0.00 50,708 35 49 29 Total IMPROVEMENTS OTHER THAN BLDGS 5,017,267.00 232,390.69 1,502,016.28 122,108.42 ; 3,393,142.30 32 37 5940 0076.64 000000 CAPITAL EXPENDITURES 0.00 0.00 0.00 0.00 0.00 0 00 CITY OF RENTON COUNCIL AGENDA BILL AI #: , FJ., Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board Utility Systems Division/Water Utility November 5, 2007 Staff Contact Abdoul Gafour, x7210 Agenda Status Helen Weagraff, x7287 Consent X Subject: Public Meeting.. X Water Conservation Goals in Compliance with Municipal Correspondence.. Water Law and Water Use Efficiency Rule Ordinance Resolution Old Business Exhibits: New Business Information Packet for Administrative Public Meeting to be Study Sessions held November 7, 2007 on Water Conservation Goals Information Setting Recommended Action: Approvals: Refer to Utilities Committee Legal Dept Finance Dept Other Fiscal Impact: N/A Expenditure Required Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share of Project SUMMARY OF ACTION: The Municipal Water Law and Water Use Efficiency Rule requires that the City establish water use efficiency goals through a public process to provide opportunity for consumers and the public to participate and comment on the water use efficiency goals [WAC 246-290-830(4)(d)]. The Water Utility will conduct an administrative public meeting at 7:00 p.m., on Wednesday,November 7, 2007, at the Highlands Neighborhood Center located at 800 Edmonds Ave NE, Renton. The Water Utility Division will gather comments received from the public meeting and provide the proposed water conservation goals to Council for review and discussion prior to Council's adoption of the final goals,before the deadline of January 22, 2008, as established by the Municipal Water Law. STAFF RECOMMENDATION: Adopt final water conservation goals before January 22, 2008 City of Renton Water Use Efficiency Program Information Packet for Goal Setting Meeting Wednesday, November 7, 2007 7:00 p.m. Highlands Neighborhood Center, 800 Edmonds Ave. NE, Renton Background The Water Use Efficiency Rule The State of Washington has adopted the Municipal Water Supply-Efficiency Requirements Act, commonly called the Municipal Water Law(MWL) or the Water Use Efficiency Rule. To meet the requirements of this new rule, the City of Renton must develop measurable water use efficiency goal(s) using a public process and those goals must be approved by the City Council no later than January 22, 2008. The MWL is intended to help meet the growing needs of communities, agriculture, industry, and to conserve water for fish. The Water Use Efficiency Rule went into effect on January 22, 2007 and is Now intended to: • Provide more certainty and flexibility for water rights held by water systems. • Improve the ability to plan for future growth. • Offer greater flexibility to solve public health problems with water right changes and transfers. • Advance water use efficiency. • Assure greater reliability of safe drinking water for communities. What are the requirements of this rule? The rule requires municipal water suppliers such as Renton to use water efficiently and demonstrate that they are doing so. Specifically, water systems must: • Develop goals through a public process and enact water use efficiency measures to manage water use. • Reduce water system leakage to 10 percent or less. • Install meters on all customer connections by 2017 to accurately account for water use and leakage. • Report annually on their progress in using water efficiently. How will this affect Renton? To comply with this rule, we are: • Conducting a water system audit that will allow us to account for all water used. • Setting goals for water use efficiency through a public process, which will result in new conservation measures and the reaffirmation of current conservation measures. 1111 • • Re-evaluating our water supply and our forecasts for future water demands. • Reporting each year on our progress toward these goals as part of the Consumer Confidence Report *41410* we send to all customers. Renton's Water Water Supply Characteristics All of our drinking water comes from groundwater. Based on production of the last five years, about 85 percent of our drinking water is supplied by five wells located in downtown Renton, which is pumped from a source known as the Cedar Valley Aquifer. Approximately 14 percent comes from Springbrook Springs, which is located at the south end of the City. These water sources are very clean and need minimal treatment. The City also pumps from three deep wells known as the Maplewood well field located under the Maplewood Golf Course. These wells are a backup water source and, as such, are not utilized continuously. The Maplewood water is also very clean, but because of its natural mineral content, it must first be treated before it can be co-mingled with the water from the other sources. Water Use Characteristics The City's customer and water use characteristics are important considerations for identifying water use efficiency objectives, goals and measures. Who uses the water. Water use in 2006 by class (residential, commercial/industrial, and government/schools) showed single-family and multi-family residences used two thirds of the total water consumed. The commercial/industrial customer class used 30 percent with government/schools using approximately 4 percent. Figure 1. Water Use by Customer Type 2006 government& schools 4% commercial& industrial single-family 30°% 41 multi-family 25% When does the water get used. Water consumption is closely related to weather. Year to year variations reflect drought years, hot years or wet years. The largest variations in water use are seasonal. Typically in Renton, the highest water use is during the period of June through 2 September. During these four months, the average monthly water consumption is about 70 percent higher than the other eight months of the year. The average day consumption in 2006 1"'' was 8 million gallons. The peak day use in 2006, which occurred on July 24, was 15.3 million gallons. Looking at consumption on an hour-by-hour basis reveals that during a peak summer hour, consumption can be four to five times that of the annual average. This increase in summer use is due primarily to irrigation. Figure 1 Water Production for 2006 By Month 14% -0 12% 11+ 10% ' = 6% = Ii 4% ~ 2% 0% — — 0) Q U > U u Q m O z a� Water Demand Forecast Although our water service area is not anticipated to change, we expect population and the demand for water to increase over time as population densities increase within our service area. We anticipate the average day demand will increase from 8 million gallons per day (mgd) in 2006 to about 11 mgd in 2025. This forecast assumes that the average annual water use will be reduced by 0.5 percent each year through water conservation measures. The City's annual water rights are 13.2 mgd and therefore are sufficient to meet the estimated demands through 2025. Current Water Use Efficiency Program What are Renton's current conservation goals? In the 2006 Renton Water System Plan, we set a goal to reduce water use by 0.5 percent per year through 2020. While our population has increased an average of 2.5 percent per year since 1988, the amount of water consumed by each person has decreased by about 2 percent per year on average. In other words, even though there are more people in the area using water, individual customers are generally using less water. The City's goal is to continue to reduce its per person water use, especially during the peak day and peak season. While the City's annual water rights are sufficient to meet average annual demands through 2025, the City and those it serves must *11116, 3 work to reduce peak day and peak season demands in order to remain below its instantaneous water rights. Water conservation measures currently in place. Since the early 1990s, Renton has implemented conservation measures focusing on both the water supply (supply side) and the water users (demand side). Supply side conservation measures that have been implemented include metering of water production wells and a leak detection program. On the demand side, water meters have been installed on all water services. The City has an active leak detection program as well as a proactive main replacement program. Also on the demand side, Renton has implemented educational programs focused on both indoor and outdoor customer uses of water. Examples of educational programs include: • Customer's historical use shown on each water bill. • Classroom presentations. • Educational materials distributed at local fairs and events. • City-owned demonstration garden featuring low water plants. •Natural Yard Care workshops. • Participation in regional campaigns as members of the Partnership for Water Conservation. • Participation in the WashWise washing machine rebate program. Proposed Water Conservation Goals The Municipal Water Law requires the setting of measurable goals to provide benchmarks for progress and help define the success of the Water Use Efficiency program. The first step for proposing goals is to define our water system's objectives. Renton's objectives for saving water are: • To ensure sufficient water supply for continued growth within its service area. • Reduce peak day and peak season demands. • To continue the historical trend of reduction in customer water usage. Our proposed water use efficiency goals follow naturally out of these objectives. Our proposed goals are: • On the supply side, to reduce distribution system leakage (DSL) to ten percent or less by 2010. • On the demand side, cap the peak day demand at 16.5 mgd until 2015. • On the demand side, to continue reduction of average annual water use by 0.5 percent per year. 4 Proposed Water Use Efficiency and Conservation Program ,r,,,. Meeting our stated goals will be accomplished through the implementation of cost-effective, quantifiable water use efficiency measures. The MWL requirements include both mandatory and optional measures for implementation and evaluation. As a municipal water supplier, Renton is required to implement or evaluate seven mandatory measures, as well as nine measures of our choice in its WUE plan. Table 1 lists the mandatory water use efficiency measures and Renton's compliance status. Table 1. Measures with Mandatory Implementation or Evaluation for Water Use Efficiency Program as Selected by Department of Health Requirement Measure Implementation/ Evaluation Status Status Mandatory 1) Production Meters Currently implemented and documented in 2006 WSP. Implementation 2) Consumption Meters Currently implemented and documented in 2006 WSP. 3) Meter Calibration Partially implemented. To be updated and documented in the Water Loss Control Action Plan and the 2008 WUE Plan. 4) Methods for Controlling Partially implemented. To be updated and documented in the 44145., Leakage Water Loss Control Action Plan and the 2008 WUE Plan. 5) Education Currently implemented. Mandatory 6) Rate Structure To be implemented in 2008 and documented in 2008 WUE Plan. Evaluation, Implementation 7) Reclaimed Water Usel1t To be evaluated for 2008 WUE Plan. Optional Notes: (1)Evaluation is being done primarily by King County. Proposed Water Use Efficiency Measures Reduction of Distribution System Leakage (DSL) to 10 percent is a mandatory requirement of the MWL. The Department of Health states in its WUE Guidebook that achieving the 10% or less DSL should be a priority. To achieve this goal, a Water Loss Control Plan will be developed and implemented in 2008. Reduction in the demand side to meet our 0.5 percent annual reduction goal will be accomplished through continuation of the current conservation program as presented in our Water System Plan and listed in Table 2, Continuing Demand Side Conservation Measures. Now 5 Reduction of the peak day demand will require new and increased efforts in our outside water conservation efforts. The new rate structure to be implemented in 2008 will encourage all '14200 customers to be more aware of and reduce their summer irrigation. Table 2. Continuing Demand Side Conservation Measures Category Measure Options(') Indoor Residential 1. Classroom presentations 2. Water bill consumption history 3. WashWise washing machine rebate program 4. Advertising(2) 5. Toilet leak detection tablets Outdoor 6. Festival displays and hose washers 7. Demonstration Garden 8. Advertising (2) 9. Natural yard care workshops 10. Water bill consumption history ICI (industrial,commercial,institutional) 11.Water Bill Consumption History Note: (1)The Department of Health requires that at least nine additional supply side or demand side conservation measures be evaluated. By continuing to implement the eleven demand side measures shown here,the City is meeting this requirement. (2)Implemented by Partnership for Water Conservation(PWC),of which the City is a member. Substantial water savings can be achieved in subsequent years by implementing measures that other water suppliers have found cost effective. As budget allows, it is proposed that the City offer single-family residential audits for manual irrigation systems as well as audits for automatic irrigation systems in industrial, commercial and institutional settings. This program will be reviewed and results reported in the next Consumer Confidence Report. The goals must be re-evaluated every six years unless we find it advisable to change the goals earlier than that, by following the same process used to set the original goals. ` .410006 CITY OF RENTON COUNCIL AGENDA BILL AI#: g P Submitting Data: Planning/Building/Public Works For Agenda of: November 5, 2007 Dept/Div/Board. Utility Systems/Water Utility Staff Contact Tom Malphrus, x-7313 Agenda Status Consent X Subject: Public Hearing.. Final Pay Estimate- CAG-06-152 (WTR-27-3239) Correspondence 2006 Water Utility Emergency Power Generation Ordinance Contractor: Wick Constructors, Inc. Resolution Old Business.... Exhibits: New Business Pay Estimate#12 Final Study Sessions Notice of Completion of Public Works Contract Information.... Project Description Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required $1,089.00 (final pay estimate only) Transfer/Amendment Amount Budgeted $2,000.00(for final pay estimate only) Revenue Generated Total Project Budget $3,000,000.00 (2006 &2007) City Share Total Project 100% Acct.No 425.500.18.5960.34.65.55582 SUMMARY OF ACTION: The construction contract was awarded to Wick Constructors, Inc. on September 25, 2006. Construction started on November 1, 2006, and was completed on October 12, 2007. The original contract amount was $2,047,616.00 and the final contract amount is $2,268,955.28. The increase of$221,339.28, or 10.81 percent of the original contract amount, was used for construction change orders due to design modifications during construction of the project and for additional work due to unforeseen site conditions. The Water Utility has budgeted sufficient contingency funds in the project budget to cover the extra work. STAFF RECOMMENDATION: Accept the project, approve the final pay estimate in the amount of$1,089.00, and release the retainage bond in the amount of$104,219.82 after 60 days, subject to the receipt of all required authorizations. C:\DOCUME-1\BWalton\LOCALS-1\Temp\agenda-bill-final-pay-est.doc\TMtp • TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR NTRACTOR: Wick Constructors, Inc. NTRACT NO. CAG 06-152 ESTIMATE NO. 12 (Final) CAG 06-152 Emergency Power Generation 2006 (WTR PROJECT: 27-3239) Closing Date: 10/31/07 1. CONTRACTOR EARNINGS THIS ESTIMATE $1,000.00 2. SALES TAX @ 8.90% $89.00 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $1,089.00 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $1,979,226.56 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $950.00 6. SUBTOTAL- CONTRACTOR PAYMENTS $1,980,176.56 7. RETAINAGE ON PREVIOUS EARNINGS $104,169.82 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $50.00 9. SUBTOTAL- RETAINAGE $104,219.82 10. SALES TAX PREVIOUSLY PAID $184,469.90 11. SALES TAX DUE THIS ESTIMATE $89.00 12. SUBTOTAL- SALES TAX $184,558.90 * (95% x LINE 1) ** (RETAINAGE: 5%) GRAND TOTAL: $2,268,955.28 DANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT # 425.000500.018.5960.0034.65.055582 (55582/5354) $1,039.00 # 12 (Final) $1,039.00 RETAINED AMOUNT (Line 8): ** ** For deposit in Frontier Bank Escrow Account No. 3347801148 ** $50.00 # 12 (Final) $50.00 TOTAL THIS ESTIMATE: $1,089.00 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I.THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICAT AND CERTIFY TO SAID CLAIM Signed: 90`.1-E- ;9 -x`1 CC,c t Z$, Less"-` f i r4 i0/2.3 f� Printed On: 10/24/2007 H/Filesys/WTR-27-3005/pay-estimate/payest1-revised-by-ag.xls City of Renton Public Works Department Page 1 • Printed On: 10/24/2007 City of Renton Public Works Department Page 1 Project CAG 06-152 Emergency Power Generation 2006(WTR 27-3239) Contract Number CAG 06-152 Contractor Wick Constructors,Inc Pay Estimate 12(Final) Closing Date 10/31/2007 Item Description Unit Est Unit Previous Previous This This Total Total No Quantity Price Quantity Amount Quantity Amount Quantity Amount Al Mt Olivet-Mobilization/Demobilization LS 1 $102.000 00 0 99 $101,000 00 0 01 $1,000 00 1 00 $102,000 00 A2 Mt Olivet-Site Work LS 1 $65,000 00 100 $65,000.00 000 $000 100 $65,000 00 A3 Mt Olivet-Wells 1,2&3 Site Work LS 1 $40,400 00 1 00 $40,400.00 0 00 $0.00 1 00 $40,400 00 A4 Mt Olivet-Structural LS 1 $242,000 00 1 00 $242,000 00 0 00 $0 00 1,00 $242,000 00 A5 Mt Olivet-Finishes LS 1 $8,200 00 1 00 $8,200 00 0 00 $0 00 1 00 $3,200 00 A6 Mt Olivet-Equipment LS 1 $8,900 00 1 00 $8,900 00 0 00 $0 00 1 00 $8,900 00 A7 Mt Olivet-Electrical LS 1 $299,800 00 1.00 $299 800 00 0 00 $0 00 1 00 $299,800 00 A8 Mt Olivet-600kW Engine Generator LS 1 $175,000.00 1 00 $175,000 00 0 00 $0 00 1 00 $175,000 00 A9 Mt Olivet-500kW Engine Generator LS 1 $180,000 00 1.00 $180,000 00 0 00 $0 00 1 00 $180,000 00 A10 Mt Olivet-Irrigation System Repair LS 1 $3,500.00 1 00 $3,500 00 0 00 $0.00 1 00 $3,500 00 All Mt Olivet-Trench Safety&Shoring LS 1 $3,300 00 1 00 $3,300 00 0 00 $0 00 1 00 $3,300 00 Al2 Mt Olivet-Contractor Surveying LS 1 $2,700 00 0.00 $2,700.00 0 00 $0 00 0 00 $2,700 0,54110 Ala Mt Olivet-Utility Vault&Vault Covers Each 32 $1,281 25 32 00 $41,000 00 0 00 $0 00 32 00 $41,000 00 A14 Mt Olivet-As Builts LS 1 $5,000 00 1 00 $5,000 00 0 00 $0.00 1 00 $5,000 00 B1 N Talbot-Mobilization&Demobilization LS 1 $88,000 00 1 00 $88,000 00 0 00 $0 00 1 00 $88,000 00 B2 N Talbot-Site Work LS 1 $36,200 00 1 00 $36,200 00 0 00 $0.00 1 00 $36,200 00 B3 N Talbot-Generator to BPS Site Work LS 1 $50,100 00 1 00 $50,100 00 0 00 $0 00 1 00 $50,100 00 84 N Talbot-Structural LS 1 $170,000 00 1 00 $170,000 00 0 00 $0 00 1 00 $170 000 00 B5 N.Talbot-Finishes LS 1 $6,300 00 1 00 $6,300 00 0 00 $0 00 1 00 $6,300 00 B6 N Talbot-Equipment LS 1 $8,600 00 1 00 $8,600 00 0 00 $0 00 1 00 $8,600 00 B7 N Talbot-Electrical LS 1 $246,200.00 1 00 $246,200 00 0 00 $0 00 1 00 $246,200 00 B8 N Talbot-Generator Modifications LS 1 $42,000.00 1 00 $42,000 00 0 00 $0 00 1 00 $42,000 00 89 N Talbot-Trench Safety&Shoring LS 1 $5,500 00 1 00 $5,500 00 0 00 $0 00 1 00 $5,500 00 t Printed On: 10/24/2007 City of Renton Public Works Department Page 2 'project CAG 06-152 Emergency Power Generation 2006(WTR 27-3239) Contract Number CAG 06-152 IIIII -Contractor Wick Constructors,Inc Pay Estimate 12(Final) Closing Date 10/31/2007 Item Description Unit Est Unit Previous Previous This This Total Total No Quantity Price Quantity Amount Quantity Amount Quantity Amount B10 N Talbot-Contractor Surveying LS 1 $3,300 00 100 $3,300 00 0.00 $000 100 $3,300 00 E11 N Talbot-Curb Gutter&Sidewalk LS 1 $44,000 00 1 00 $44,000 00 0 00 $0.00 1 00 $44,000 00 B12 N Talbot-As Builts LS 1 $5,000 00 100 $5,000 00 000 $0 00 100 $5,000 00 C 0 #1 LS 1 -$3,877 00 1 00 ($3,877.00) 0 00 $0 00 1 00 ($3,877 00) C O#2 LS 1 $46,882 49 1 00 $46,882.49 0 00 $0 00 1 00 $46,882 49 C 0#3 LS 1 $31,022 57 1 00 $31,022 57 0.00 $0 00 1 00 $31,022 57 C O#4 LS 1 $17,075 16 1.00 $17,075 16 0 00 $0 00 1 00 $17,075 16 C 0#5 LS 1 $40,053 68 1 00 $40,053 68 0 00 $0 00 1 00 $40,053 68 C O#6 LS 1 $38,443 86 1 00 $38,443.86 0.00 $0 00 1 00 $38,443 86 C 0#7 LS 1 $32,267 24 1 00 $32,267 24 0 00 $0 00 1 00 $32,267 24 0 #8 LS 1 $528 38 1 00 $528 38 0 00 $0 00 1 00 $528 38 NNW CO #9 LS 1 $000 000 $0.00 000 $0.00 000 $000 Subtotal $2,084,396 38 $2,083,396 38 $1,000 00 $2,084,396 38 8 8%Sales Tax $83,809.35 $83,809 35 $0 00 $83,809 35 8 9%Sales Tax(April 1,2007) $100,749 55 $100,660 55 $89 00 $100,749 55 Total $2,268,955 28 $2,267,866 28 $1,089 00 $2,268,95528 1.`>z /b/i) fG "` s STAT. State of Washington Reg.No.: 601 173086 Department of Revenue a = m Audit Procedures&Administration Date: .'r y PO Box 47474 9y 1889's Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To Natalie Beardsley 1055 South Grady Way Date Assigned Renton,WA 98055 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Emergency Power Generation 2006,WTR-27-3239,CAG-06-152 Contractor's Name Wick Constructors, Inc. Telephone No. 206-634-1550 Contractor's Address 11000 Lake City Way NE#200, Seattle,WA 98125-6748 Date Work Commenced Date Work Completed Date Work Accepted Nov. 1, 2006 October 12, 2007 November 5,2007 Surety or Bonding Co. Travelers Casualty and Surety Company of America Agent's Address Hub International Northwest LLC, 11714 Northcreek Parkway,N., Suite 102,Bothell, WA 98011 Contract Amount: $1,882,000.00 Amount Disbursed: $2,164,735.46 Additions or Reductions: $202,396.38 Amount Retained: $104,219.82 (Frontier Bank Escrow Account No. 3347801148) Sales Tax: $184,558.90 Total: $2,268,955.28 Total $2,268,955.28 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504- v41111110 7474,immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. DC:CTY31 0020 11/99 bh I EMERGENCY POWER GENERATION FOR WATER FACILITIES On October 12, 2007, the City Water Utility completed the construction of the 2006 Emergency Power Generation project, which included the construction of two masonry block buildings for three generators. The facilities improve the City's water system reliability by establishing the final link necessary to provide back-up electrical power to pump water from the City's primary wells at Liberty Park to the Highlands Elevated Reservoir and the Rolling Hills Elevated Reservoir, which serve the two highest-pressure zones in the City. At the Mt Olivet Reservoir site, located at NE 3rd St. and Bronson Way NE, the new building houses two new generators: a 600 kW generator to provide emergency power to Wells 1, 2 & 3; and a 500 kW mobile generator to provide emergency power the Mt Olivet Booster Pump Station. At the North Talbot Reservoir site, located at S. 19th St and Talbot Rd S., the new facility houses an existing 500 kW mobile generator, which will provide emergency power to the North Talbot Booster Pump Station. Wick Constructors, Inc., of Seattle, WA, constructed the facilities for a total cost of $2,269,000. The total project cost, including design engineering, administration, and services during construction, is $2,788,000. vet, .. —iii«- ', "_1 ,� I " r ',.1 ''.-'5"- 1 i �,� 1 �z A .v r New Mt. Olivet Emergency Generator Unloading new 600 kW Generator for Building Mt. Olivet Emergency Generator Building , .. ..., ,..,..„ ......„„, , , . . , . , _ ,.,...,:�,,.,... , . ` .., .....; . ,,,,,„ ...,.,.....,„ ,,..„,. ..,, , ;-?I' - _ ;110 30 2'007 New North Talbot Emergency Generator New 500kW Mobile Generator at Mt Olivet Building Emergency Generator Building H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3239-Emergency Power Generation Facilities 2006\PayEstimate\CompletionNarrative-rev ised.doc EMERGENCY POWER GENERATION FOR WATER FACILITIES On October 12, 2007, the City Water Utility completed the construction of the 2006 u , Emergency Power Generation project, which included the construction of two masonry block buildings for three generators. The facilities improve the City's water system reliability by establishing the final link necessary to provide back-up electrical power to pump water from the City's primary wells at Liberty Park to the Highlands Elevated Reservoir and the Rolling Hills Elevated Reservoir, which serve the two highest-pressure zones in the City. At the Mt Olivet Reservoir site, located at NE 3rd St, and Bronson Way NE, the new building houses two new generators: a 600 kW generator to provide emergency power to Wells 1, 2 & 3; and a 500 kW mobile generator to provide emergency power the Mt Olivet Booster Pump Station. At the North Talbot Reservoir site, located at S. 19th St and Talbot Rd S., the new facility houses an existing 500 kW mobile generator, which will provide emergency power to the North Talbot Booster Pump Station. Wick Constructors, Inc., of Seattle, WA, constructed the facilities for a total cost of $2,269,000. The total project cost, including design engineering, administration, and services during construction, is $2,788,000. . . 1,44444 ,n. it 7 tom. {. ) Ir f -.- i IF t , z `z - ....-..-- 7. . Y* 7 ; y New Mt.Olivet Emergency Generator Unloading new 600 kW Generator for Building Mt.Olivet Emergency Generator Building M- ', 1 �r/11w New North Talbot Emergency Generator New 500kW Mobile Generator at Mt Olivet Building Emergency Generator Building H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-3239-Emergency Power Generation Facilities 2006\PayEstimate\CompletionNarrative-revised.doc CITY OF RENTON COUNCIL AGENDA BILL AI#: t® Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division/Surface November 5, 2007 Water Utility Staff Contact Ron Straka(ext. 7248) Agenda Status Daniel Carey (ext. 7293) Consent X Subject: Public Hearing.. Final Pay Estimate—CAG-07-107, Correspoldence.. SWP-27-2057, Maplewood Creek Sediment Basin Ordinance 2007 Cleaning and Maintenance Project Resolution Old Business Exhibits: New Business Pay Estimate#3 Final Study Sessions Notice of Completion Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept X Other Fiscal Impact: Expenditure Required... $9,329.57 Transfer/Amendment Amount Budgeted $90,000.00 Revenue Generated Total Project Budget $328,000.00 City Share Total Project SUMMARY OF ACTION: The contractor for the Maplewood Creek Sediment Basin 2007 Cleaning and Maintenance Project was Clearcreek Contractors, Inc. Construction started on August 27, 2007, and was completed by September 12, 2007. The original contract amount was $84,743.80 and the final contract amount is $80,679.22. The difference of minus $4,064.58 was due to minor differences in bid item quantities. The project is funded from the Surface Water Utility's Capital Improvement Programs Small Drainage Projects (account number 427.000600.018.5960.0038.65.065015). The approved 2007 Capital Improvement Program budget is $328,000.00. The 2007 Surface Water Utility Capital Improvement Program 427 account for the project has sufficient budget remaining to fund the final pay estimate. STAFF RECOMMENDATION: Accept the Maplewood Creek Sediment Basin 2007 Cleaning and Maintenance project, approve the Final Pay Estimate, and release the retainage of$3,704.27 after 60 days and after all the required releases from the state have been obtained. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood Sed Basin\05-2007 Pond Cleaning\1000a Final Payment\071018-FINAL-AgendaBill-Mapl.doc\DWCtp TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR '")NTRACTOR: Clearcreek Contractors NTRACT NO. CAG-07-107 ESTIMATE NO. 3 FINAL PROJECT: Maplewood Creek Sediment Basin 2007 Cleaning Project 1. CONTRACTOR EARNINGS THIS ESTIMATE $8,567.10 2. SALES TAX @ 8.90% $762.47 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $9,329.57 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $62,242.58 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $8,138.75 6. SUBTOTAL-CONTRACTOR PAYMENTS $70,381.33 7. RETAINAGE ON PREVIOUS EARNINGS $3,275.92 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $428.35 9. SUBTOTAL- RETAINAGE $3,704.27 10. SALES TAX PREVIOUSLY PAID Sales Tax 8.9% $5,831.15 11. SALES TAX DUE THIS ESTIMATE $762.47 12. SUBTOTAL-SALES TAX $6,593.62 * (95%x LINE 1) ** (RETAINAGE: 5%) GRAND TOTAL: $80,679.22 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT # 427.000600.018.5960.0038.65.065015/65015/5354 $8,901.22 # 3 FINAL Itiow $8,901.22 RETAINED AMOUNT(Line 8): ACCOUNT # 427.000600.018.5960.0038.65.065015/65015/5354 $428.35 # 3 FINAL $428.35 TOTAL THIS ESTIMATE: $9,329.57 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION to I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE I i 1 U y SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED (I I HEREIN,AND THAT THE CLAIM ISA JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF R .NTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE ANO'CERTIFY TO SAID,CLAIM Signed: • Printed On: 10/17/2007 City of Renton Public Works Department Page 1 • t Printed On: 10/17/2007 City of Renton Public Works Department Page 1 Project: Maplewood Creek Sediment Basin 2007 Cleaning Project Contract Number CAG-07-107 Contractor.Clearcreek Contractors Pay Estimate 3 FINAL Closing Date 10/17/2007 NIS Item Description Unit Est Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization Lump Sum 1 $2,100.00 0.70 $1,470.00 0.30 $63000 100 $2,10000 Construct Bypass Structures,Divert Creek,Rescue Fish, 002. Drain Basin Lump Sum 1 $9,405 00 1.00 $9,405.00 $0.00 1 00 $9,405 00 003. Remove,Haul,and Dispose of Sediment Lump Sum 1 $48,347 00 1 00 $48,347.00 $0.00 1 00 $48,347 00 004. Refill Basin,Remove Bypass Strucs,Restore Banks Lump Sum 1 $1,576.00 , 1.00 $1,576 00 $000 1.00 $1,57600 005 Gravel Placement-Detail 1,Upstream Ton 20 $267.00 5.00 $1,335.00 13.50 $3,604.50 18 50 $4,939.50 006 Gravel Placement-Detail 2,Downstream Ton 20 $435.00 5.00 $2,175 D0 9.96 $4,332 60 14.96 $6,507 60 007. Hydroseed Sq.Ft 3000 $0.45 . 2690 $1,21050 $000 269000 $1,21050 008 Minor Changes Lump Sum 1 $1,00000 $0.00 $000 0.00 $000 Subtotal $65,518 50 $8,567 10 $74,08560 Sales Tax 8.9% $5,831 15 $762 47 $6,593 62 TT Total $71,349 65 $9,329 57 $80.67 IXC 16 47-O7 ! 'l io/IFIfo/ f State of Washington Dn /QA, ,Doe O Boxepartme47474tof Revenue REVENUE Olympia WA 98504-7474 Contractor's Registration No. (UBI No.) 602 116 881 Date 11/5/07 4}410., NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Name &Address of Public Agency Department Use Only City of Renton Assigned To Attn: Natalie Beardsley 1055 S Grady Way Renton, WA 98055 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number SWP-27-2057 Maplewood Creek Sediment Basin 2007 Cleaning CAG-07-107 Contractor's Name Telephone Number Clearcreek Contractors, Inc. 425-252-5800 Contractor's Address 3203 15th Street, Everett, WA 98201 Date Work Commenced Date Work Completed Date Work Accepted 8/24/07 9/12/07 11/5/07 Surety or Bonding Company "ond Safeguard Insurance Company (1-206-842-9091) rot.ent's Address Bond Safeguard Insurance Co., P.O. Box 10520, Bainbridge Island, WA 981 10 Contract Amount $ 77,818.00 Additions S + Liquidated Damages $ Reductions $ — 3,732.40 • Sub-Total $ 74,085.60 Amount Disbursed $ 76,974.95 Amount of Sales Tax Paid at 8.9 % $ 6,593.62 Amount Retained $ 3,704.27 (II-various rates apply,please send a breakdown.) TOTAL $ 80,679.22 TOTAL $ 80,679.22 Disbursing Officer Comments: Signature Type or Print Name Phone Number The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue. PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract.NO 'MENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in Ordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired,please call (360) 753-3217. Teletype (TTY) users please call(800)451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e(6-27-01) CITY OF RENTON COUNCIL AGENDA BILL AI#: -1 B C. Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division/ Surface November 5, 2007 Water Utility Staff Contact Ron Straka(ext. 7248) Agenda Status Daniel Carey(ext. 7293) Consent X Subject: Public Hearing.. Final Pay Estimate—CAG-06-159, Correspondence.. SWP-27-3334, Renton Avenue S./ S. 3rd Street Ordinance Storm System Project Resolution Old Business Exhibits: New Business Pay Estimate#4 Final Study Sessions Notice of Completion Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept X Other IFiscal Impact: Expenditure Required... $7,280.20 Transfer/Amendment Amount Budgeted $60,000.00 Revenue Generated Total Project Budget $229,000.00 City Share Total Project SUMMARY OF ACTION: The contractor for the Renton Avenue S./S. 3rd Street Storm System project was Gary Merlino Construction Company, Inc. Construction started on October 10, 2006, and was completed by November 3, 2006. The as-built drawings by the contractor's surveyor were not finalized until September 17, 2007. The original contract amount was $53,940.00 and the final contract amount is $54,985.20. The difference of$1,045.20 was due to minor differences in bid item quantities. The project is funded from the Surface Water Utility's Capital Improvement Program's (CIP) Small Drainage Projects (account number 427.000600.018.5960.0038.65.065015). The approved 2006 CIP budget for the project was $229,000 and the majority of the project expenditures were paid for in the 2006 CIP budget. The approved 2007 CIP budget for the Small Drainage Projects is $328,000.00. Final payment for this project was included in the 2007 CIP program. The 2007 Surface Water Utility Capital Improvement Program 427 account for the project has sufficient budget remaining to fund the final pay estimate. STAFF RECOMMENDATION: Accept the Renton Avenue S./S. 3rd Street Storm System project, approve the Final Pay Estimate, and release the retainage of$2,749.26 after 60 days and after all the required releases from the state have been obtained. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3334 Renton Ave-S 3rd St\1000-la Final Payment\071017-FINAL- AgendaBill-Renton-S3 rd.doc\DWCtp TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR "'"NTRACTOR: Gary Merlino Constr.Co. JTRACT NO. CAG 06-159 ESTIMATE NO. 4 FINAL PROJECT: Renton Ave S I S 3rd St Storm System Outfall Relocation 1. CONTRACTOR EARNINGS THIS ESTIMATE $7,280.20 2. SALES TAX @ 8.8% (Rule 171 Applies,Tax included in Bid Items) $0.00 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $7,280.20 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $45,319.75 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $6,916.19 6. SUBTOTAL-CONTRACTOR PAYMENTS $52,235.94 7. RETAINAGE ON PREVIOUS EARNINGS $2,385.25 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $364.01 9. SUBTOTAL-RETAINAGE $2,749.26 10. SALES TAX PREVIOUSLY PAID (Rule 171 Applies,Tax included in Bid Items) $0.00 11. SALES TAX DUE THIS ESTIMATE $0.00 12. SUBTOTAL-SALES TAX $0.00 * (95%x LINE 1) ** (RETAINAGE:5%) GRAND TOTAL: $54,985.20 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR(Lines 5 and 11): ACCOUNT # 427.000600.018.5960.0038.65.065015/65015/5354 $6,916.19 # 4 FINAL $6,916.19 RETAINED AMOUNT(Line 8): ACCOUNT # 427.000600.018.5960.0038.65.065015/65015/5354 $364.01 # 4 FINAL *me $364.01 TOTAL THIS ESTIMATE: $7,280.20 CHARTER 116,LAWS OF 1965 CITY OF RENTON CERTIFICATION I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF 047-07 PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED ' (60(U 7 HEREIN,AND THAT THE CLAIM IS A JUST, DUE AND UNPAID 7 1 OBLIGATION AGAINST THE CITY OF(MENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: Printed On: 10/17/2007 City of Renton Public Works Department Page 1 Printed On: 10/17/2007 City of Renton Public Works Department Page 1 Project Renton Ave S/S 3rd St Storm System Outfall Relocation Contract Number CAG 06-159 Contractor Gary Merhno Constr Co NS Pay Estimate 4 FINAL Closing Date 10/17/2007 Item Description Unit Est. Unit Previous Previous This This Total Total No Quantity Price Quantity Amount Quantity Amount Quantity Amount t 001 Mobilization Lump Sum 1 $5,00000 0.70 $3,50000 0.30 $1,50000 100 $5,00000 002. Construction Survey,Staking,and As-Built Lump Sum 1 $1,50000 0.75 $1,125 00 0.25 $37500 100 $1,50000 003. Traffic Control Lump Sum 1 $3,300.00 1.00 $3,300 00 $0 00 1 00 $3,300 00 004 Erosion Control Lump Sum 1 $500.00 1.00 $500 00 $0 00 1 00 $500 00 005. Trench Excavation Safety Systems Lump Sum 1 $1,000 00 1.00 $1,000 00 $0 00 1 00 $1,000.00 006 Pothole Utility Each 1 $1,00000 1.00 $1,00000 $0.00 100 $1,000 00 007 Catch Basin Type IL Each 1 $1,700 00 1.00 $1,700 00 $0.00 1 00 $1,700 00 008. Core Drill Catch Basin Each 2 $500 00 2.00 $1,000 00 $000 2 00 $1,000.00 009 Connect New Pipe to Existing CB Each 4 $500 00 2.00 $1,000 00 $0.00 200 $1,000 00 010. Plug Existing Pipe Each 1 $600.00 1.00 $600 00 $000 1 00 $600 00 011 18-inch CPEP Storm Pipe Linear Foot 94 $155,00 94.00 $14,570 00 3 $46500 9700 $15,035.00 012 Sawcutting Linear Foot 350 $2 00 310.00 $620.00 $0 00 310 00 $62 013 Quarry Spalls Ton 5 $100.00 6.20 $620 00 $0 00 6 20 $620 00 014. Import Trench Backfill Ton 40 $30 00 15.00 $450 00 61.58 $1,847 40 76 58 $2,297 40 015. Crushed Surfacing Ton 12 $60.00 $000 15.48 $928 80 15 48 $928.80 016. Asphalt Concrete Pavement Class B Ton 18 $17500 10.00 $1,75000 10.88 $1,904 00 2088 $3,654 00 017 Remove.Replace Conc.Curb and Gutter Linear Foot 60 $6000 58.00 $3,480 00 $0 00 58 00 $3,480 00 018 Remove,Replace Conc Sidewalk Square Yard 12 $15000 11.00 $1,650 00 $000 1100 $1,650 00 019 Sidewalk Ramp Type 2,Stop Line Lump Sum 1 $2,600 00 0.90 $2,340 00 0.1 $260 00 1 00 $2,600 00 020. Erosion Ditch Repair Lump Sum 1 $7,500.00 1.00 $7,500 00 $0.00 100 $7,500 00 Subtotal $47,705 00 $7,280 20 $54,985 20 Sales Tax Rule 171 Applies,Tax included in Bid Items 8 8%Sales Tax(will be zero,included in Bid Items) $0 00 $0 00 $0 00 TT Total $47,705 00 $7,280.20 $54,985 20 1X /o-17-0? / [011)101 State of Washington , /�_ Department of Revenue PO Box 47474 REVENUE Olympia WA 98504-7474 Contractors Registration No. (UBI No.) 600 584 952 Date 11/5/07 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Name&Address of Public Agency Department Use Only City of Renton Assigned To Attn: Natalie Beardsley 1055 S Grady Way Renton, WA 98055 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number SWP-27-3334 Renton Ave S/ S 3rd St Storm System Project CAG-06-159 Contractor's Name Telephone Number Gray Merlino Construction Co. 206-762-9125 Contractor's Address 9125 10th Ave S, Seattle, WA 98390 Date Work Commenced Date Work Completed Date Work Accepted 10/10/06 11/3/06 11/5/07 Surety or Bonding Company 'velers Casualty and Surety Company of America ent's Address Parker, Smith & Feek, 2233 112th Ave.NE, Bellevue, WA 98004 (425-709-3600) liowie Contract Amount $ 53,940.00 Additions $ + 1,045.20 Liquidated Damages $ Reductions $ — Sub-Total 5 54,985.20 Amount Disbursed 5 52,235.94 Amount of Sales Tax Paid at 0.0 % $ Amount Retained $ 2,749.26 (If various rates apply,please send a breakdown.) TOTAL $ 54,985.20 TOTAL $ 54,985.20 Disbursing Officer Comments: Sales Tax Rule 171 applies, tax included by Contractor in bid item prices. Signature Type or Print Name Phone Number The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PC) Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO MENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in 15rdance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY)users please call (800)451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e(6-27-01) CITY OF RENTON COUNCIL AGENDA BILL AI#. Cler j® Submitting Data: Fire Department For Agenda of: November 5, 2007 Dept/Div/Board.. Community Risk Reduction Staff Contact Deputy Fire Chief Bob Van Horne Agenda Status Consent X Subject: Public Hearing.. Request to fill the Assistant Fire Marshal position Correspondence.. (Grade M26) at Step D of the salary schedule. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Coufteil Gencut Legal Dept Ai A, Fit /11-r_e. -. Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Authorization is requested to fill the new Assistant Fire Marshal position(Grade m26) at Step D of the salary schedule. City Policy 300-41 requires that Council approve the filling of positions at salary ranges above Step C. This request is to allow the Fire Department to offer a more competitive salary and compensate the candidate for the vast knowledge and experience he brings to our City. STAFF RECOMMENDATION: Authorize the Fire Department to compensate the new Assistant Fire Marshal position (Grade M26) at Step D of the salary schedule. C.)ti`SY 0� FIRE DEPARTMENT MEMORANDUMNow •Nr-co� DATE: October 29, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: -3,-;-vKathy Keolker, Mayor FROM: I. David Daniels, Fire Chief/Emergency Services Administrator STAFF CONTACT: Bob Van Horne, Deputy Fire Chief SUBJECT: Request to Fill the New Assistant Fire Marshal Position (Grade M26) at Step D of the Salary Schedule ISSUE: Should authorization be granted to the Fire Department to fill the new Assistant Fire Marshal position (Grade M26) at Step D of the salary schedule? %we RECOMMENDATION: Authorize the Fire Department permission to hire the new Assistant Fire Marshal at Step D of the salary schedule. BACKGROUND SUMMARY: The Fire Department requests authorization to fill the new Assistant Fire Marshal position (Grade M26) at Step D of the salary schedule. City policy (300-41) requires that Council approve the filling of vacant positions at salary ranges above Step C. This request is needed to provide a salary that at least matches his current salary and compensates him for the high level of knowledge and experience he brings to the position of Assistant Fire Marshal. The Fire Department desires to compensate this quality candidate, who placed number one on the current Civil Service eligibility list, at a pay step that acknowledges the knowledge and experience he brings to the City and to the position of Assistant Fire Marshal. The candidate's current salary is annually, approximately $1,000, more than our Grade M26 Step C provides. The candidate is a graduate of Portland State University with a degree in public administration, and he is 13 credits short of a master's degree. In his 26-years of %„r experience, the candidate has worked for the City of Hillsboro, the King County Fire Toni Nelson, Council President Members of the Renton City Council Page 2 of 2 October 29,2007 Marshal's Office, the City of Bellevue, as a fire code consultant, and the City of Maple Valley. He is currently Maple Valley's Fire Marshal and has held that position since May of 2000. The candidate has experience as an inspector, plans reviewer, code consultant, public educator, fire investigator, and fire marshal. The position with the City of Renton will enable him to supervise and advise his staff as the Assistant Fire Marshal. He has facilitated the process of adopting the 2003 and 2006 International Fire Code and authored the City of Maple Valley's new sprinkler ordinance. The candidate has experience in public education and is an adjunct instructor at Bellevue Community College. He is fluent in Spanish and being bi-lingual gives the Department and City a means of communicating with a diverse community. The candidate is a proven leader but also understands working under authority. We are pleased to have this candidate come to the City of Renton as the Assistant Fire Marshal. CONCLUSION: The Fire Department requests authorization to fill the vacant Assistant Fire Marshal position (Grade M26) at Step D of the salary schedule. cc: Mike Webby,HR/RM Administrator Bob Van Horne, Deputy Fire Chief A r7rovED BY CETI!COUNCIL COMMITTEE OF THE WHOLE Date //-6-;126407 /_ =126407 COMMITTEE REPORT November 5,2007 Benson Hill Communities Interlocal Agreement with King County (October 22, 2007) The Committee of the Whole recommends concurrence in the staff recommendation to accept the neogitated terms of the Benson Hill Communities Interlocal Agreement and authorize the Mayor and City Clerk to execute an interlocal agreement with King County; and recommends that the City Council accept the proposed technical amendments to section 4.a of the October 22, 2007 version, clarifying the timing of payment, and incorporates those changes in the City's approved version of the agreement. Toni Nelson, Council President cc: 4ay-Gevingtett Marty Wine Alex Pietsch BH ILA cte rpt 110507.doc\ rev 01/05 bh ArpF OVED BY -` CFTY COUNCIL UTILITIES COMMITTEE Date //-6-4°61 COMMITTEE REPORT November 5, 2007 Conner Homes Request for Oversizing Plat of Shy Creek (Referred October 22,2007) The Utilities Committee recommends concurrence in the staff recommendation to approve the request for oversizing utilizing the method of cost reimbursement developed jointly by the staff and the developer for the additional work associated with wastewater improvements at the Plat of Shy Creek by Conner Homes. The Committee further recommends that the staff be authorized to reimburse Conner Homes for actual costs not to exceed the requested$259,944. Costs in excess of the requested amount shall be brought back to Council for its approval. The Committee also recommends that$190,000 from the Stonegate II account be transferred to the Oversizing account to provide sufficient funding for the oversizing request. UZ� Dan Clawson, Chair ( off tM`Me_A IC{GC.yI Ce_ - Terri Briere, Vice Chair itc.lact;i (A) Denis W. Law,Member cc: Mike Bailey,FIS Administrator Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater Utility Supervisor Nenita Ching,PBPW Financial Analyst APPROVED BY �1 TRANSPORTATION/AVIATION COMMITTEE C � ���� COMMITTEE REPORT Data //-5":"°?°7 November 5, 2007 Withdrawing Consideration for a Corporate Jet Center at Renton Municipal Airport (October 22, 2007) The Transportation/Aviation Committee recommends that the Corporate Jet Center concept be removed from further consideration in the Airport Layout Plan (ALP) because of City Council revisions earlier this year to the Airport Development policies and because of the pending proposal from The Boeing Company to lease a bigger part of the airport than previously assumed in the ALP. liiasfilaa. -Marcie Palmer, Chair andy Corman, ice-Chair Don Persson, Member cc: : ••:. .. e' A. • ••. Alex Pietsch,EDNSP Administrator Gregg Zimmerman,PBPW Administrator Peter Halm,Deputy PBPW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell-Herr and Carolyn Curry,Airport Secretary H:\Division.s\TRANSPOR.TAT\ADMIN\COMMiITTEE REPORTS\2007\Corporate Jet Center Proposal Withdrawal.doc ArrnovED BY 1 FINANCE COMMITTEE REPORT CM!COUNCIL November 5, 2007 Date 1/1-2Z2.... APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on November 5, 2007, claim vouchers 265554- 265982 and 1 wire transfers, totaling�,2,880,820.76, ... . ._ --�=�4" I= . s .- . 4..�L., . ' "`" /12--- i)'- c-------- Don Persson, Chair 1 enis Law, Vice- hair . 2'Lei'L--N- , Dan Clawson, Member APPROVED BY COMMUNITY SERVICES CITY COUNCIL 1 COMMITTEE REPORT Date //-5=,061 7 November 5, 2007 Library Board: Appointment of Ms. Catherine Ploue-Smith (October 15, 2007) The Community Services Committee recommends concurrence in Mayor Keolker's appointment of Catherine Ploue-Smith for a five-year term (expiring 06/01/12) to the Library Board. ell? andy Corman, Chair Mail) Marcie Palmer, Vice Chair '%. ' ,I Terri Briere, ember C: Bette Anderson Rev 1/06 bh �aPfP� //- 5Al007 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 9/3 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (HONEY BROOKE WEST (AKA SAGECREST) FINAL PLAT; FILE NO. LUA-07-067FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 8.33 acres, is located in the vicinity of NE 6rn Street and Hoquiam Avenue NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated October 25, 2007. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of October, 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.13 05:01/29/07:ch 2 EXHIBIT 'A' LEGAL DESCRIPTION OF UNDERLYING PROPERTY (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 4261-649439 DATED JANUARY 9, 2007) PARCEL A: LOT 2 OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 UNDER KING COUNTY RECORDING NO. 8206180434, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 11 FEET OF THE NORTH 80 FEET. PARCEL B: THE NORTH 97.39 FEET OF THE EASTERLY 206.01 FEET, AS MEASURED ALONG THE NORTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET FOR COUNTY ROAD; TOGETHER WITH THE EAST 11 FEET OF THE NORTH 80 FEET OF LOT 2 OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 UNDER KING COUNTY RECORDING NO. 8206180434, IN KING COUNTY, WASHINGTON. PARCEL C: THE WEST HALF OF THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON; TOGETHER WITH THE WEST 25 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON; EXCEPT THE NORTH 90 FEET THEREOF. PARCEL D: THOSE PORTIONS OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: THE WEST 25 FEET OF THE NORTH 90 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST Honey Brooke West City of Renton QUARTER; AND THE NORTH 90 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST; EXCEPT THE WEST 25 FEET THEREOF. PARCEL E: A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 88°20'43"WEST, ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 30.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE A DISTANCE OF 275.61 FEET TO THE EAST LINE OF THE WEST 25 FEET OF SAID SUBDIVISION; THENCE SOUTH 0°10'02"WEST, ALONG SAID EAST LINE A DISTANCE OF 329.43 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE SOUTH 88°20'52" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 275.51 FEET TO THE WEST LINE OF THE EAST 30 FEET OF SAID SUBDIVISION; THENCE NORTH 0°11'06" EAST, ALONG SAID WEST LINE, A DISTANCE OF 30.01 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 100.03 FEET; THENCE NORTH 0°11'06" EAST A DISTANCE OF 99.03 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 82.49 FEET; THENCE SOUTH 0°10'02" WEST A DISTANCE OF 99.03 FEET; THENCE NORTH 88°20'52" WEST A DISTANCE OF 73.02 FEET TO THE EAST LINE OF THE WEST 45 FEET OF SAID SUBDIVISION; THENCE NORTH 0°10'02" EAST, ALONG SAID EAST LINE, A DISTANCE OF 177.38 FEET TO THE SOUTH LINE OF THE NORTH 122 FEET OF SAID SUBDIVISION; THENCE SOUTH 88°20'43" EAST, ALONG SAID SOUTH LINE A DISTANCE OF 255.56 FEET TO THE WEST LINE OF THE EAST 30 FEET OF SAID SUBDIVISION; THENCE NORTH 0°11'06" EAST, ALONG SAID WEST LINE, A DISTANCE OF 122.04 FEET TO THE TRUE POINT OF BEGINNING. PARCEL F: LOT 1 OF KING COUNTY SHORT PLAT NO. 480111, RECORDED JUNE 18, 1982 UNDER RECORDING NO. 8206180434, RECORDS OF KING COUNTY, WASHINGTON, SAID LOT BEING FURTHER DESCRIBED AS FOLLOWS: PARCEL 1: THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL 2: THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, Honey Brooke West City of Renton W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE NORTH 67 FEET THEREOF, AND EXCEPT THE EAST 30 FEET AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE NO. 3065639, IN KING COUNTY, WASHINGTON. PARCEL G: THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 230 FEET THEREOF; ALSO EXCEPT THE WEST 25 FEET THEREOF; TOGETHER WITH THE WEST 10 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 230 FEET THEREOF; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON. PARCEL H: TRACT B OF SHORT PLAT NO. 1274035, ACCORDING TO THE SHORT PLAT SURVEY RECORDED UNDER RECORDING NO. 7601130712 AND CORRECTED UNDER RECORDING NO. 7601210467, IN KING COUNTY, WASHINGTON. PARCEL I: THE SOUTH 140 FEET OF THE NORTH 230 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE WEST 25 FEET THEREOF, AND THE WEST 25 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; EXCEPT THE NORTH 90 FEET AND EXCEPT THAT PORTION OF THE WEST 10 FEET LYING SOUTH OF THE NORTH 230 FEET OF SAID SUBDIVISION; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL J: TRACT A, KING COUNTY SHORT PLAT NO. 1274035, RECORDED UNDER RECORDING NO. 7601210467, BEING A CORRECTION OF SHORT PLAT RECORDED UNDER RECORDING NO. 7601130712, IN KING COUNTY, WASHINGTON. Honey Brooke West City of Renton • NE 6TH ST • •bs,',' v'<145,5,.:'r`f:, <'•�,:,;..�W y;a.�p.. <E•p Fi^..�«� ,.NYi,::•Ea<.x;,^ .,sy�,'u" ,�".�:«wig:„- •:;:<'<^,,;.. ..;�;L�e`-t»:`• µ�,<^..,.��'>�. :i+ ••%";.€�r,,y, .t�,,;^` " �4 �t�w`:" t,°=i �w. .s rw N;sr' ;�,`,.la,'x::•j', �ce;yc, ".x<.;>, 'acv" :a,9;;`y<;t,. 5 :�sF� �.�; ••�.,gip:,: '• a1..<.;.d:�`.':��<:'";$�':, %�`rT _ — •6C 1. :• :.Az . • ,•` .<4 • teax ' • .,^Y u yYP; '• • _ '-.1 NE5TH ST If •W Z J a- s W N NE 4TH PL �— M:\05\286\plot.\3\01—SW5286.01w 6/4/2007 10:54:19 AM PDT COPYRIGHT©2005,D.R.STRONG CONSULTING ENGINEERS INC. HONEY BROOKE WEST off ST,TON GINEER6 NEIGHBORHOODDETAIL MAP ENGINEERS MANNERS SURVEYORF 10E.NE 1"=200' w. SUITE 101 420.1017.3063 OFfir-E 000.1102.1002 TOLL FREE FSA2T.22AF wv'.enM4mn N' VOL/PG HONEY BROOKE WEST AKA SAGECREST A PORTION OF THE SW 1/4 OF THE SE 1/4,SECTION 10,TWP.23 N.,RGE.5 E,W.M. CITY OF RENTON,KING COUNTY,WASHINGTON I 30'KING COUNTY 30'PUGET SOUND ~0'IEU EASEMENT PER SHOP.T PLAT 30'IEU EASEMENT �- WATER EASEMENT, ENERGY EASEMENT REC.NO.8206180434 REC NO 8204090283 DEC.NO 8403230934&8403230935 NEC NO.8312020783 L�8.15' b N88'20'37"W µ_200.O0' $ 588.2037"E ,a 19327_ 11 - SBB'20'J]"E- 33312' NE 6TH STREET. 30'X20'PUGET SOUND ENERGY �11 2/ 631,53• - �79 90 EASEMENT REC N0.8312020782 02 4129-00 588'20'37"E 111.04' - n L�9 G 222 08' 20 •0' • R=200.06" 139.44' C _ o p�9'4fi 01 ,b1 62 53 00' 53.00' 33.44' d-R 588'2b37'-- - - - - C2 G1 p 6'31',1 ( -fi8' 476 S \'',63]' 52.05' <� T 9 - ._58H'ZO. - _ _10306.- - _2K- --._ ---_ \\ -N`--(4903) -d z O 6 51.02 52 O5' ti 10'UTILTTY W B. 2 3-- _ __,,,,,,,,<,,,, 1 �'` - lN- (5007) L15'PRIVATE EASEMENT(TYP) K 10'UTILITY y''OJ ',4)° .nO.M'(4911) X4917B; .A. 1P9. p M, \'O: DRAIN ESM'T w Ii N 7,0 EASEMENT(TYP) 1 I pl ml 10' Y 2'. a ry EASEMENT(TYP) Nim '' J '? (5013) m (5019) (5025) 51031SQFT. 1 I. i µI 5391 SOFT, 01�1 5200 SCUT. I8 , 21'wl 21' j 5001) 47 z m 4526 SOFT,z m 49 z 50 o (579) I t_° 4526 SO.FT. 0 4903 SOFT. 589'51'20"E I I� 21' 21' ry I (576) 2.5'- .-9.2p._ -DRAIN.'ESM'T H ro 'oma+1 I 46 z m 4846 SOFT H 90 00' I 589'51'20"E 989'51'20"E a I 4971 SOFT o (0 15'PRIVATE Y '-- 9000' l r 90.00' �, 0127 1(`.00 5300' - 53.00' 2 GRAIN ESM'T 1 m 1 (568) 60.00' 1 15'PRIVATE w 15'PRIVATE =I I 7 588'20.37"E 176 00' 4500 50 FT2 73) Y DRAIN ESM'T oµ o DRAIN E5M'T IIo 589 510'20'E 101'30' µN 30' iii n i 5701 Po,n 20O DRAIN ESM(569) PRIVATE . CURVE TABLE CURVE LENGTH RADIUS DELTA 589'51'20"E 4500 50 FT i 4500 SO.F7 1 N y w o l Cl 9.37 179.00 3'00.02" 90.00' I I 589751'20"E I 1 589751'20"E 945 C2 19.96 221.06 570'45° 1 I 90.00' o f 90 00' I 1-.T. 2 l P'n' (562)5200 SOFT '^ C3 18.50 24.00 44'10'05" 9 I ,660' 04 18.12 500020'45'51" 3 (567)11 o a N z 3.05'2 / 101.30' z CS 9 98 221.06 5 0'43' 14 n 4500 SOFT. o (564)1 6 w 21 (543) I 0 C6 9.26 76.00 6'59'00' 0738 5Q.Fr 088.20'41"E 94 70' '" o f 4500 SOFT W n 1 n - oN 1'11 �I 589.51'20'E I m 9 •_nO$0 9000' 589'51.20"E 8I I I p8 I75'�71��� TRACT 8 pPRj I 90 00' 5887,760'•E u v Nip m o IIo 1 NI I 6].76' , - _. rt 21, Cn OPEN SPACE NO m-� "' o TRACT GRAPHIC SCALE j o 4 (551)1 t o 'o 1 a oP '°Toa^� 20 0 20 40 80 ,� 0500 SUET 1 o (558)15 a o 22(557) '�11• mo 2758' 590 50 T co ui 6500 SO FT. 45]9 SOFT ,-''m o�rel�' 1 INCH=40 FT W `" P n �/t N88'20'47"W 12033' S89'51.20"E 8 • a 91 60.00 LEGEND z 9000• 91A 589'000'E w W 15'PRIVATE'' .--r 9000' 589'51'20"E I I DRAIN ESM'T --olm 1 ' 85.00' I 1 m 5 m (550) SET 2"BRASS CAP MONUMENT IN < 5 (555), 1 o )152)14 I 44 �' CASE zl u1 0500 SOFT I "' 0500 SO FT - 23 (55)) 1 N I 6243 SOFT 5670 SOFT m 5/8"REBAR AND CAP MARKED 717 '^ 4525 50 FT '38016"SET AT ALL LOT 589'51'20"E I I N CORNERS 90.00' 589'51'20"E I a z� z O -� I 10 UTILITv NET AREA=AREA LESS 9000' rN 589'51'20"E m V' EASEMENT(TYP) o m 15'PRIVATE ACCESS EASEMENT 15'PRIVATE ' m DRAIN ESM'T O 30'! 18 y I- 5 00' n II- v P o (5002) 5008 ': 1 - N. 523 0 DRAIN ESM'i 1 li �' ( ) (23)_ADDRESS 0 6 ( ) 2 5'+-' 15'PRIVATE-�- b s J --_-- • 4500 SOFT w, (520) 13 dI-01 DRAIN ESM'T `R9.00 31 48' 6240' ? FUTURE RIGHT OF WAV LINE ../ + 588'20'45"E 189.51'20"E Z ' 5008 50 FT 24 (521) K -I1 -- 'I ry } 93.88' o - WI I I o1 4526 SOFT. 088'20'45"W 100.33' 90.00' U � 25' ,-------- 508'20_45_E_ 333.20' IQ 1 , 589'51'20"E z _________ 90 0o' or I 589151'20"E 25',I w ry NE 5TH PLACEI ----- -`t 0 7 (51T) I A 01 , 85.00' 1 I 'A, 10'PRIVATE 25'P.S P&L Z SBB'20'45'E 4500 SO FT W DRAIN ESM'T_" EASEMENT W 6A• . " 23 26' 53.29' 53 29' 53.29218.78' µ(U 1 N LL o (514) 12 < N REC25 3(5159451 a Z PD...Po.L - - 3565' ..,!,.'.,15,6.',J 589'51'20"E 5400 SOFT W 11 - -- `} 9000' 4526 SOFT > v / (5003) (5009) Lts'PRIVATE 10'UTILITY 15'PRIVATE-- -+- o n I Q DRAIN ESN-7 w EASEMENT(TW) i> DRAIN ESM'T 1 I- z,1I 25'REP&L o1,7 In 189'5,'2' 589'51.20'E I I A 1 Q EASEMENT . o (5015) (502 i) (502)) h 8 (51')1 1' w 9000' 8500' I p�n�= '-IEC NO 3739945 n 42 f u' 4500 SOFT `o --15'PRIVATE 1 1 P I? 38 39 40 41 - ry W GRAIN ESM'T o z n 5068 50 FT Z o l ) 11 m-0 4869 SO FT z m 4530 SO FT z 589'51'20"E o 1 (5.8)1 1 L' m 2 6(509 I "`"'iii 4530 50 FT 4530 SO FT W 90.00' I z v+I 4500 SO FT '1 1 4572 SOFT z II 1 <I (510) z 188'20'45'E 588'20'440E 53.29' SJ 29' 62 20' I 589'51'20"E l 60.03' 53.29' 088120'45"E 168 75' Q 9 (505) I o 589'51'20"E 90 DO' 27 1 15'GAS I Z- n 4500 SO FT 21. Al. AT 10'UTILITY 8500' 1 I- I 'I EASEMENT Q m I EASEMENT(TYP) 21 l '8 REC NO • 589751'20"E7-7 2• 1' 21 9211040931 n, I ' O I1 (sot) 10 27 (503) I 1 (504) _ 0 1 5401 SOFT "1 0, _ (50)2) 90 00' 4931 SO Fr. 37 - '0 = 10'UTILITY�/I 15'PRIVATE '�I 10'UTILItt�� 1.0;11 5649 50 FT, n'•' 36 m' ,0 EASEMENT(TYP) n ,p` .\ �ORAIN ESM'T of 'EASEMENT(TYP) I 'SII I mq� 4866 SOFT.`m 51 j \ V0 925]' L9Tb) z ---44920}._ 'oti ,/I • 1 z 0 16.204 SOFT 1 'm0',,,9, W 9� ?9J 5691' 5012' \'VP,. •y' + 15'PRIVATE p ,1/� DRAINAGE 1Vr�9 J' 588'20'53"E 10].04' 1�51" ^ I-_-l50D // n I".....P4 ?y0 3' D ▪y'0^ I,,�L 6L-'r EASEMENT 15'SANITARY SEWER AND ss00 'JJ" _ $88'20'53"E 107,04' N /' 1° A88'20'5374 55.73' 588'20'53"E T 53.29' +I�CONSTRUCTION ACCESS EASEMENT ' N ____€,,________-___ - D ,16 , . }- 588'20.03'•E 17123• 0 �e'''tea• NE 5TH STREET 0a 4`a� 3000' 5000',V'„t, 2902• 2098' 5022' I 2s' I 3 �°' iO--{-u-oN, _ 088'20'53"E 100.03' 1I TRACT A .,A (V4 a r 588'20'53"E 10]04' 12 _Cq 15'DRAINAGE 1}I O I n STORIVIWATER �1- \'62/25-16.28' 50.00' 40.]6' C6 L _-T.25, ED 5• } 15 PVIyI EASEMENT I...10 15'SLOPE I g - DETENTION AND 0ry7 _ II Ez - - STORM ESMT EASEMENT P � �- REC.N0.3083164 WATER QUALITY TRACT C 4909) L15'PRIVATE I 5' v } 18') so''I 1 1' e NOT A PART 1150',1 19,258 SOFT ^a'V - DRAIN ESM•i I�, PSE _t f-1- 5,,,T,,," (4915) A' 1 W 44 n EASEMENT EASEMENT o 1 (4921) 1 (4927) o h4µ I (5005) z (5011) (5017) (5023) r I I ER l„ C 35 0 1 " mo-sa8oFr=m 29 mns30DFT.z p31 �1 32{ a 33 ' 34 ` '18786so.Fr z 1 , 30'PSP&L EASEMENT o 4S sEFT L - 6031 50 FT. 5800 50 FT. l= I REC NO 3739945-___ � 828-SIO FT 14527 SOrT-7t ET- 6 SO N88'20'S3•'W 100.03• w 4500 50 FT.NET _ __ _ 30'IEU EASEMENT o I I In I PER SHORT PLAT o __ _ _ _1 3 o 127.97' 50 00' 50.00' ____':4_ REC.NO 7601130712 in d 0 50.00' I 50 00' I 50.00' 50.00' I _ I o b 1 N 15'IEU EASEMENT 588'20'53"E50.00' 1� ABBREVIATIONS: REC NO.3143916 631.09' T Z_ o AFN AUDITOR'SFILE NUMBER _ O•25 Zoo? -+ PRIVATE ACCESS EASEMENT ACCESS NOTE � � � C/L CENTERLINE �` D.R.STRONG �' LS UCENSEO SURVEYOR THE PRIVATE ACCESS,UTILITY AND DRAINAGE A PERPETUAL CONSTRUCTION AND D_ .J )4' R11 EASEMENT SHOWN ON LOTS 31,32 AND 33 IS MAINTENANCE ACCESS TO BENEFIT THE CONSULTING ENGINEERSA/�R NTS NOT TO SCALE .\CA' R/W RIGHT OF WAY TO THE 34 OF THE OWNERS OF LOTS 32, OWNER(S)HEFOLOF LOT 51 BIONSDEPICTED HEREON, ENGINEERS PLANNERS SURVEYORS .,>.\,79v^W W.M. WILLAMETTE MERIDIAN 33 AND IT SAID OWNERS ARE HEREBYO THE BY MADE: PC E SIO IL ARE 10604 NELAND,WA 95033 101 ".'1.'1.9.'.1V. RESPONSIBLE FOR THE MAINTENANCE OF THEIR HEREBY MADE:ACCESS V26 BE KIRKLANO,WA 99x33 '" YUS EU INGRESS,EGRESS AND UTILITIES RESPECTIVE PRIVATE UTILITY AND STORM PROVIDED THROUGH THE 26-FOOT 42582)3002 TOI,E E 4258272423FAx i /4 ' P.S.P.&L.PUGET SOUND ENERGY DRAINAGE FACILITIES AND SHALL SHARE INGRESS/EGRESS EASEMENT ACROSS "8009621402 TOLL FREE www erstrong cam ! q� EQUALLY IN THE MAINTENANCE LOTS 32&33 AND THE 15-FOOT �80+T RESPONSIBILITIES OF THE PRIVATE UTILITY, SANITARY SEWER AND CONSTRUCTION JOB NO 05-286 ,� ,3 ER. CITY OF RENTON STORM DRAINAGE AND ACCESS FACILITIES DACCESS EPICTED HEREON ACROSS LOT 34,AS A4,1I 1AN04 1 FILE NO. LUA-07-067-FP USED IN COMMON WITHIN SAID EASEMENT SHEET 5 OF cJ FILE N0. LW-10-0432 ' �� %�B' ,) . - fidopied H-6-'107 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 V/ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR, OR HER DESIGNEE, TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS TO PROVIDE OFFICE SPACE AND SERVICES FOR A COMMUNITY CORRECTIONS OFFICER WHEREAS, RCW 39.34, the Interlocal Cooperation Act, permits any public agency to enter into an agreement with another public agency, to exercise any of their powers jointly or cooperatively, and/or to have one public agency perform any service, activity, or undertaking which each agency is authorized by law to perform; and WHEREAS, the Department of Corrections wishes to place a Community Corrections Officer ("CCO") in Renton City Hall to be available to apprehend offenders within the jurisdiction the Department of Corrections; and WHEREAS, Renton will provide space, office furniture, equipment and telephone, together with other basic services, for a Community Corrections Officer on a twenty-four/seven basis; and, WHEREAS, the interlocal agreement would improve both parties' ability to carry out public safety responsibilities; and WHEREAS, having a Department of Corrections, Community Corrections Officer on site, would allow for joint operations covering events, would allow for immediate response by the Department of Corrections regarding felons under DOC supervision and would improve the sharing of information on wanted persons, and other community concerns. 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. 1 RESOLUTION NO. SECTION II. The Mayor or her designee are hereby authorized to enter into the Interlocal Agreement between the City of Renton, and the Department of Corrections to provide office space and services for a Community Corrections Officer. 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.13 00:09/20/07:ch 2 /dop/ed 1l5=2OO7 CITY OF RENTON, WASHINGTON RESOLUTION NO. S A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE-CITY OF RENTON AND -', KING COUNTY RELATING TO 1H.E ANNEXATION OF THE BENSON HILL COMMUNITIES ANNEXATION AREA. WHEREAS, the City of Renton and King County have the authority under Chapter 39.34 RCW, the Interlocal Cooperation Act, to enter into this Agreement; and WHEREAS, the City has requested that an election be held on the question of annexation of the Benson Hill Communities Annexation Area, with the election to be held on November 6, 2007; and WHEREAS, any annexation would require a number of cooperative actions between the City and the County, including the following: 1) transfer of all roads, bridges, rights-of-way, surface water management facilities, environmental mitigation sites, street lights, traffic signals and signs, and pavement markings; 2) transfer of public records; 3) transition of services associated with the annexation area; 4) transfer of ownership of parks to the City from the County; 5) agreement regarding financial support for the Renton Pool; and WHEREAS, King County has committed to make a $1.7 million payment to the City of Renton should the annexation vote be successful, in order to partially offset the City's cost of transitioning and providing services to the Annexation Area, and in consideration for the City relieving the County of the burden of providing local public services, from sources including $250,000 from real estate excise tax; $950,000 from the County current expense fund; and roadway overlay improvements valued at $500,000; and 1 RESOLUTION NO. WHEREAS, the Agreement would be in effect for five years after the effective date of annexation, or if the area is not annexed by March, 2008 and is not re-placed on the ballot in 2008, until December 1, 2008; and WHEREAS, the Agreement provides that if the vote on the annexation question to be held on November 6, 2007, is affirmative, the annexation shall be effective on or before March 1, 2008; 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 authorized to enter into an interlocal agreement between the City of Renton and King County relating to the annexation of the Benson Hill Communities Potential Annexation Area. 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.1302:10/03/07 2