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Home My WebLink AboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, December 9, 2019 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Don Persson Day 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENTS • All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of November 25, 2019. Council Concur b) AB - 2541 Mayor Law appoints Ms. Josephine Medenilla Bayan to the Renton Airport Advisory Committee, Benson Hill Neighborhood, primary position, for a term expiring on May 7, 2022. Refer to Transportation (Aviation) Committee c) AB - 2538 City Clerk submits King County's Certification Letter for the November 5, 2019 General Election. The results are as follows: MAYOR - Armondo Pavone 10,915 votes, 52.95% - ELECTED, Marcie Maxwell 9,616 votes, 46.65%; COUNCIL POSITION NO. 3 - Valerie O'Halloran 9,605 votes, 50.94% - ELECTED, James Alberson 9,187 votes, 48.72%; COUNCIL POSITION NO. 4 - Ryan McIrvin 12,787 votes, 69.31% - ELECTED, Maria Spasikova 5,599 votes, 30.35%; COUNCIL POSITION NO. 5 - Ed Prince 14,685 votes, 98.29% - ELECTED; COUNCIL POSITION NO. 7 - Kim-Khánh Vǎn 12,237 votes, 65.54% - ELECTED, Thomas Trautmann 6,387 votes, 34.21%. None; Information Only d) AB - 2534 City Clerk submits the 10% Notice of Intent to Petition for Annexation for the proposed Graves Annexation, 12.9 acres bordered approximately to the north by NE 4th St/SE 128th St, to the east by SE 156th St, to the west by 162nd Ave SE, and to the south by parcel lines and SE 130th St (if extended), and recommends that a Public Meeting with the Initiator be set for January 13, 2020 to consider the petition. Council Concur; Set Public Meeting on 01/13/2020 e) AB - 2513 Community Services Department recommends approving an agreement with REACH (Renton Ecumenical Association of Churches), in the amount of $120,000 per year in operational funding for two years, to support REACH operations including increasing staffing levels and providing needed resources to assist vulnerable residents with stable and safe housing. Council Concur f) AB - 2526 Community Services Department recommends execution of an agreement with Bruce Dees & Associates, in the amount of $364,045, for site improvement design and construction administration support services for the Kiwanis Park Site Improvements project. Refer to Finance Committee g) AB - 2536 Community Services Department requests authorization to execute a King County Veteran's, Seniors and Human Services (VSHSL) Expanded Senior Hub Award agreement, subject to approval as to form by the City Attorney, in order to accept $90,000 in order to hire a consultant to assist Renton in becoming a World Health Organization/AARP designated Age Friendly City to better serve the City's diverse older adult community. Council Concur h) AB - 2537 Community Services Department recommends authorizing execution of a Lease Amendment to LAG-15-002, with Northwest Restaurant Experience dba RiverRock Grill and Alehouse, to extend the current lease to the end of 2027, with an option to extend an additional six (6) years upon mutual agreement of the parties. Refer to Community Services Committee i) AB - 2528 Community Services Department requests authorization to execute an agreement with WSP USA, Inc., in the amount of $341,400, for design and construction administration support services for the Gene Coulon Memorial Beach Park Trestle Bridge Replacement project. Refer to Finance Committee j) AB - 2529 Community Services Department requests authorization to execute an agreement with PND Engineers, Inc., in the amount of $285,783, for design and construction administration support services for the Gene Coulon Memorial Beach Park North Waterwalk Improvements project. Refer to Finance Committee k) AB - 2527 Police Department recommends execution of Addendum 1, to CAG-10-160, Interlocal Agreement with Valley Swat Member Jurisdictions, in order to add the City of Des Moines as a participating jurisdiction. Council Concur l) AB - 2530 Public Works Administration requests authorization to purchase one Kenworth T470 truck with dump bed assembly, in the estimated amount of $187,178, using State bid contract 081716-KTC. The funds for the purchase were included in the 2019/2020 Biennium Budget. Council Concur m) AB - 2532 Transportation Systems Division requests authorization to execute Amendment No. 8 to CAG-14-126, with Mead and Hunt, Inc., in the amount of $214,366, for additional work related to the Airport Master Plan. Refer to Transportation (Aviation) Committee n) AB - 2533 Transportation Systems Division submits CAG-18-001, NE 31st Street Bridge Replacement project, contractor Hamilton Construction Co., and recommends approval of the project and authorization to release the contract bond after 60 days, once all required State releases have been obtained. Council Concur o) AB - 2540 Transportation Systems Division requests authorization to execute a three-year lease with Crescent Capital VIII, LLC, generating approximately $123,972.48 in revenue annually, for land and building components at the Renton Municipal Airport. Refer to Transportation (Aviation) Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers, Philip Arnold Park Professional Services Agreement, Construction Inspector Hire at Step D, Allocation of Lodging Tax Funding for 2020 b) Transportation Committee: Airport Landside Leasing Policies* 8. LEGISLATION Resolutions: a) Resolution No. 4394: Valley Special Weapons and Tactics Team (See Item 6.k) b) Resolution No. 4395: Adopting Airport Landside Leasing Policies (See Item 7.b) Ordinances for second and final reading: c) Ordinance No. 5956: Multi-Family Tax Exemption (MFTE) (First Reading 11/25/2019) d) Ordinance No. 5957: #D-162 - Impact Fee Credit (First Reading 11/25/2019) e) Ordinance No. 5958: #D-166 - Street Trees (First Reading 11/25/2019) f) Ordinance No. 5959: #D-167 - Vehicle Parking Residential Zone (First Reading 11/25/2019) g) Ordinance No. 5960: #D-165 - Accessory Dwelling Unit (ADU) (First Reading 11/25/2019) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:30 p.m. - 7th Floor - Conferencing Center 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 To view Council Meetings online, please visit rentonwa.gov/councilmeetings -DenisLawMayorProctamationWfiereas,DonPerssonisretiringfromtheRentonCityCouncilafter20yearsofservice;andWfiereas,hepreviouslyretiredfromtheRentonPoliceDepartmentafter33yearsofservice;andWfiereas,Vickyhasdecidedthat53yearsofserviceisquiteenough,andtheir5thwheeltrailerisnotgettinganyyounger;and‘Wfiereas,havinggrownupintheRentoncommunity,Don’scommitmenttoRentonhasbeenahallmarkofhischaracter;andWftereas,hehasdemonstratedthatcommitmentthroughhisserviceasoneofthefoundersofRentonRiverDays,andhiscontinuedsupportandservicetothateventtothisday;andWfiereas,DonservedforyearsontheboardofCommunitiesInSchools,providedfoodandothersuppliestoREACH’sCenterofHopeandorchestratedtheannualSeniorCenterThanksgivingdinners;andfrt)ñereas,whenDonwasnotactivelyinvolvedonboards,hewasdonatinghistime,moneyandhisconsiderablebarbequeskillstoneighborhoodpicnics,communityevents,employeerecognitionlunchesandmorethanwecanpossiblyallremember;andW’fiereas,hiscommunityinvolvementdidnotinanywaydiminishhiscontributionsasaneffectiveCityCouncilmember;andT41ereas,Don’sparticularinterestandacumenwasinandaroundtheCity’sfinancesandhisskillsofpoliceinterrogationsshowedinhisprobingquestionsandabilitytoflushoutuncertaintiesandsoftspendingprojections,andcitystaffknewtheybettercomepreparedtohiscommitteemeetings;andWfiereas,Don’sexperiencepatrollingthestreetsofRentonwhileinthePoliceDepartmenthelpedhimbecomeavaluedmemberofnotonlytheCity’sTransportationCommittee,butalsoonregionaltransportationcommittees;andWfiereas,throughouthiscareeronCouncil,Dondemonstratedtheuniqueabilitytofindsolutionsacceptabletohiscolleagues,whilenotcompromisinghisownprinciples;andRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a) W’fiereas,onekeytohissuccesswashisabilitytobringhumorintotheroomand,ifthatdidn’twork,toinvitepeopletolunchordinner,wherehewouldcompletelydisarmthemthroughhisamazingculinaryskills;and‘I4lfiereas,Don’slaughwasunmistakableandinfectious,anditwillbemissedinCityHall;andWfiereas,thecommunityofRentonwillforeverbeabetterplacebecauseofDon’sservicetoit;Wow,tfierefore,I,DenisLaw,MayoroftheCityofRenton,doherebyproclaimDecember9,2019,tobecDonPerssonDayintheCityofRenton,andIencourageallmembersofthecommunitytojoinmeinthisspecialobservation.InwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis9thdayofDecember,2019.DenTsLaw,MayorCityofRenton,Washington1055SouthGradyWay,Renton,WA98057rentonwa.govAGENDA ITEM #3. a) November 25, 2019 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES ‐ City Council Regular Meeting 7:00 PM ‐ Monday, November 25, 2019 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Don Persson, Council President Ryan McIrvin Ruth Pérez Armondo Pavone Ed Prince Councilmembers Absent: Council Position No. 3 Vacant Randy Corman MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL EXCUSE ABSENT COUNCILMEMBER RANDY CORMAN. CARRIED. ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Jan Hawn, Administrative Services Administrator Shane Moloney, City Attorney Jason Seth, City Clerk Preeti Shridhar, Deputy Public Affairs Administrator Chip Vincent, Community & Economic Development Administrator Gregg Zimmerman, Public Works Administrator Kim Gilman, HR Labor Manager Commander Jeff Hardin, Police Department PROCLAMATION a) Small Business Saturday: A proclamation by Mayor Law was read declaring November 30, 2019 to be “Small Business Saturday” in the City of Renton, encouraging all members of the community to support small businesses and merchants on Small Business Saturday and throughout the year. AGENDA ITEM #6. a) November 25, 2019 REGULAR COUNCIL MEETING MINUTES MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADMINISTRATIVE REPORT Administrative Services Administrator Jan Hawn reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2019 and beyond. Items noted were:  Inclement Weather Response Reminder: With more cold weather on the way, the Public Works Department will be out applying deicer to major arterials. Also, snow is not far away. It is imperative that motorists do not park or abandon their vehicles within any portion of the traffic lanes. Abandoned vehicles impair snow and ice removal and impact response of emergency vehicles. Please remember that during snow and ice events, the department sanders and snow plows are dispatched to keep major arterials drivable. Visit our website to view our deicing and snow route maps.  Giving Trees will be at City Hall and the Renton Community Center from November 15 to December 23. Select a Renton Salvation Army tag and bring the unwrapped gift with the tag attached to City Hall by December 10. Or you can make a monetary donation to the city's Gift of Play recreation scholarship fund. Your entire donation will provide help with fees for low‐income youth, older adults, and adaptive recreation participants. Gift of Play donations should be made by December 23.  Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS  Jason Collins, Renton, spoke on a number of topics.  Karen Gallant, Renton, spoke about a neighbor's dog that was impounded by Animal Control. She provided several recommendations for improving the animal control program. Mayor Law invited Ms. Gallant to speak with Commander Hardin who was in attendance. He also noted that the City would investigate the situation and provide a response to Ms. Gallant. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of November 18, 2019. Council Concur. b) AB ‐ 2518 Community & Economic Development Department recommended approval of the 2020 Lodging Tax Fund allocations as recommended by the Lodging Tax Advisory Committee; and approval to execute contracts with the successful applicants. Refer to Finance Committee. c) AB ‐ 2523 Community & Economic Development Department recommended hiring a Construction Inspector at Step D of salary grade a21, effective December 2, 2019. Refer to Finance Committee. d) AB ‐ 2525 Community & Economic Development Department submitted the 2011 Parks, Recreation, and Natural Areas Plan for review and additional public input. Refer to Planning Commission and Planning & Development Committee. AGENDA ITEM #6. a) November 25, 2019 REGULAR COUNCIL MEETING MINUTES e) AB ‐ 2519 Community Services Department recommended approval of an agreement with Hough Beck & Baird, Inc., in the amount of $392,828.67, for site improvement design and construction administration services for the Philip Arnold Park Site Improvements project. Refer to Finance Committee. f) AB ‐ 2520 Community Services Department submitted CAG‐17‐235, Fire Station 15 project, contractor Par Tech Construction, Inc., and requested approval of the project and authorization to release retainage in the amount of $204,823.97, after 60 days once all the required releases from the State have been obtained. Council Concur. g) AB ‐ 2494 Executive Department recommended adoption of the 2020 State Legislative Agenda and the 2020 Regional‐Federal Legislative Agenda. Council Concur. h) AB ‐ 2522 Transportation Systems Division requested approval to execute a Local Agency Agreement with the Washington State Department of Transportation for the obligation of $3,850,000 in grants funds, and requested approval of all subsequent agreements necessary to accomplish the Williams Ave S and Wells Ave S Conversion project. Council Concur. i) AB ‐ 2524 Utility Systems Division submitted CAG‐17‐174, Renton Hill Utility Replacement project, contractor Laser Underground & Earthworks, Inc., and recommended approval of the project and authorization to release retainage in the amount of $329,260.07 after 60 days once all the required releases from the State have been obtained. Council Concur. MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Utilities Committee Chair Pérez presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute Amendment No. 4 to CAG‐16‐103 with RH2 Engineering, Inc. in the amount of $199,600 for final design for replacement of the Highlands 435 Pressure Zone reservoir and mains. MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to award a $700,000 grant (including $517,540 from the general fund and $182,460 from the Sunset Terrace Density Fee payment) to the Renton Housing Authority to help pay for the development and construction of the 60‐unit Sunset Oaks affordable rental housing project, subject to an acceptable agreement between the City and the Renton Housing Authority to be approved by Council. MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to: (1) approve the Housing Opportunity Fund & Density Fee Affordable Homeownership Agreement with Homestead Community Land Trust for the Willowcrest Townhomes; and (2) authorize the Mayor to execute said agreement in substantially the same form. MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #6. a) November 25, 2019 REGULAR COUNCIL MEETING MINUTES d) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute an interagency agreement with the King County Wastewater Treatment Division. The $250,000 payment that will be made to the city by the King County Wastewater Treatment Division as compensation for impacts the Eastside Interceptor Section 2 Rehabilitation Phase II project made to Logan Avenue North and Burnett Avenue North shall be used by Renton to fund a transportation capital improvement project in the vicinity of the interceptor project. MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to hire the Enterprise Content Manager/Deputy City Clerk at Step E of salary grade m24, effective December 2, 2019. The position is currently budgeted at Step E of salary grade m24. There are no increased costs in 2019. Three applicants were invited for interviews during the recruitment processes. The recommended candidate met all of the qualifications of the position and holds a bachelor’s degree in English/Information Management and master’s degree in Information Management Systems. The candidate also has over 12 years of government experience. MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to approve the reclassification of 26 employees, in recognition of higher levels of duties and responsibility, as listed below:  Administrative Services Department (ASD): Reclassify the Administrative Assistant to “Admin Assistant to ASD,” salary grade n16; reclassify three Senior Network Systems Specialists to salary grade a28; and reclassify the Network Systems Specialist to salary grade a24.  Community and Economic Development Department (CED): Reclassify the Administrative Assistant to “Admin Assistant to CED,” salary grade n16; reclassify four Permit Technicians to “Permit Services Specialist,” salary grade a13.  Community Services Department: Reclassify the Administrative Assistant “Admin Assistant to Community Services,” salary grade n16; and reclassify the three Recreation Assistants to salary grade a09.  Executive Department: Reclassify the Executive Assistant to salary grade m19; and reclassify the Secretary II to Administrative Secretary I, salary grade n09.  Human Resources and Risk Management Department (HRRM): Reclassify the Administrative Assistant to “Admin Assistant to Human Resources,” salary grade n16; and reclassify the HR Assistant to “HR Specialist,” salary grade n13.  Legal Department (City Attorney): Reclassify the Administrative Assistant to “Admin Assistant to City Attorney,” salary grade n16.  Legislative Department: Reclassify the City Council Liaison to salary grade m19.  Police Department: Reclassify the Administrative Assistant to “Admin Assistant to the Police Department,” salary grade n16.  Public Works Department: Reclassify the Administrative Assistant to “Admin Assistant to Public Works,” salary grade n16. In Maintenance Services, reclassify the Office Assistant III to “Asset Management Systems Technician,” salary grade a14; reclassify the Water Maintenance Services Supervisor to salary grade a23; and reclassify one Maintenance Services Worker III (employee no. 04448) to “Water Meter Technician Services AGENDA ITEM #6. a) November 25, 2019 REGULAR COUNCIL MEETING MINUTES Supervisor,” salary grade a21. In Transportation, reclassify one Secretary II (.5 FTE) to Administrative Secretary I (.5 FTE), salary grade a09. MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. g) Finance Committee Chair Pavone presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $21,084,252.24 for vouchers, 10113‐10114, 378909‐378917, 378930‐379361 payroll benefit withholding vouchers 6154, 6157‐6164, 378918‐378929 and eight wire transfers. 2. Payroll – total payment of $1,513,490.73 for payroll vouchers which includes 679 direct deposits and 11 checks (10/16/19‐10/31/19 pay period). 3. Kidder Mathews – total payment of $35,827.68 for vouchers 5988‐6013. MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. h) Planning & Development Committee Chair Prince presented a report recommending adoption of the 2019 Title IV Docket #14 items listed below. Additionally, the Planning and Development Committee recommended that the ordinances for these items be presented for first reading.  #D‐165: Accessory Dwelling Units (ADU) Review  #D‐167: Commercial and Recreation Vehicle Parking in Residential Zones MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Ordinances for first reading: a) Ordinance No. 5956: An ordinance was read amending 4‐1‐220.D.2 of the Renton Municipal Code, modifying project eligibility requirements to qualify for an exemption from property taxation, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. b) Ordinance No. 5957: An ordinance was read amending subsection 4‐1‐190.G of the Renton Municipal Code, amending Impact Fee Regulations, providing for severability, and establishing an effective date. #D‐162 MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. c) Ordinance No. 5958: An ordinance was read revising regulations related to street trees, by amending subsections 4‐4‐070.A, 4‐4‐070.B, 4‐4‐070.D, 4‐4‐070.F.2, 4‐4‐070.G.2, and 4‐4‐ 130.H.9.D; sections 9‐15‐1, 9‐15‐2, and 9‐15‐3; the definition of "Drip Line" in section 4‐11‐ 040; and Chapter 9‐13, of the Renton Municipal Code; adding definitions of "Arborist, City" to Section 4‐11‐010, and "Planting Strip" to 4‐11‐160, of the Renton Municipal Code; providing for severability; and establishing an effective date. #D‐166 MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. AGENDA ITEM #6. a) November 25, 2019 REGULAR COUNCIL MEETING MINUTES d) Ordinance No. 5959: An Ordinance was read amending subsections 4‐4‐080.G and 4‐9‐ 240.D.1 of the Renton Municipal Code, and adding Sections 4‐4‐085 and 4‐9‐105 to the Renton Municipal Code, regulating Vehicle Parking on Residentially Zoned Property, providing for severability, and establishing an effective date. #D‐167 MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. e) Ordinance No. 5960: An Ordinance was read amending Renton Municipal Code subsections 4‐2‐060.D, 4‐2‐080.A.7, 4‐2‐110.A, 4‐2‐110.B, 4‐2‐110.C, 4‐2‐110.D, 4‐2‐110.E, 4‐2‐110.F, 4‐3‐ 110.E.5.A.I, 4‐4‐080.E.2.A, 4‐4‐080.E.2.E, and 4‐4‐080.F.10.D; Chapter 4‐2; and Section 4‐9‐ 030; by amending Accessory Dwelling Unit (ADU) development standards, including adding a new Section 4‐2‐116 Regulating ADU Design Standards, amending Parking Standards relating to ADUs, adding a new Subsection 4‐9‐030.H regulating ADU Decision Criteria; providing for severability; and establishing an effective date. #D‐165 MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. Ordinances for second and final reading: f) Ordinance No. 5950: An Ordinance was read amending section 4‐4‐140 of the Renton Municipal Code, adding temporary Wireless Communications Facilities Standards, adding a definition of “Wireless Communication Facility, Temporary,” cleaning up formatting, providing for severability, and establishing an effective date. #D‐155. MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. g) Ordinance No. 5955: An ordinance was read amending Chapter 10‐11 of the Renton Municipal Code, by adding a new section 10‐11‐2 providing procedures for establishing a Maximum Speed Limit of twenty (20) miles per hour on a case by case basis on residential neighborhood streets, providing for severability, and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL ADJOURN. CARRIED. TIME: 7:33 P.M. Jason A. Seth, CMC, City Clerk Jason Seth, Recorder Monday, November 25, 2019 AGENDA ITEM #6. a) Council Committee Meeting Calendar November 25, 2019 December 2, 2019 Monday NO MEETINGS COUNCIL HOLIDAY – Chair Persson December 9, 2019 Monday 4:00 PM Transportation Committee, Chair McIrvin – Council Conference Room 1. Airport Leasing Policies 2. Emerging Issues in Transportation CANCELLED Planning & Development Committee, Chair Prince CANCELLED Community Services Committee, Vice Chair McIrvin 4:30 PM * Finance Committee, Chair Pavone – Council Conference Room 1. Philip Arnold Park Professional Services Agreement 2. Construction Inspector Hire at Step D 3. Allocation of Lodging Tax Funding for 2020 4. Vouchers 5. Emerging Issues in Finance CANCELLED Public Safety Committee, Vice Chair Pavone 5:30 PM Committee of the Whole, Chair Persson – Conferencing Center 1. Homeless Trends & Police Efforts 2. Council Vacancy Policy 3. Emerging Issues *Time Change AGENDA ITEM #6. a) AB - 2541 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: Appointment to Renton Airport Advisory Committee RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Executive Department STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: Mayor Law appoints Ms. Josephine Medenilla Bayan to the Renton Airport Advisory Committee, Benson Hill Neighborhood, primary position, for a term expiring 5/7/22. EXHIBITS: A. Recommendation Memo B. Application STAFF RECOMMENDATION: Confirm Mayor Law's appointment of Ms. Josephine Medenilla Bayan to the Renton Airport Advisory Committee. AGENDA ITEM #6. b) PUBLICWORKSDEPARTMENTMEMORANDUMNovember21,2019DenisLaw,Mayor74(tyGreggZimmermahjublicWorksAdministrator,ext.7311TheRentonAirportAdvisoryCommittee’s(RAAC)BensonHillprimarypositioniscurrentlyvacant.FollowinganapplicationprocessandinterviewsbytheAirportManagerandCommitteeChair,thePublicWorksDepartmentwouldliketorecommendMs.JosephineMedenillaBayanbeappointedtotheRAAC.ThisrecommendationisbasedonspecificcriteriaMs.Bayanmeetsfortherecommendedposition.Applicant:JosephineMedenillaBayanPositionRecommendation:BensonHillPrimaryTermExpirationDate:May7,2022TheBensonHillNeighborhoodprimarypositionrequiresthatitbeheldbyaresidentofthatneighborhoodwhohasshownaninterestinservingontheRAAC.Ms.Bayan,aresidentoftheBensonHillneighborhood,isbeingrecommendedforthispositionbasedonherexperienceinurbanandregionalplanning,specializingintransportationplanning.ThePublicWorksDepartmentrecommendstheappointmentofMs.BanyantotheBensonHillNeighborhoodprimarypositionwithatermexpirationdateofMay7,2022.TheRentonAirportcontinuestoacceptapplicationsfortheRentonAirportAdvisoryCommitteevacancies.cc:RobertHarrison,ChiefAdministrativeOfficerJimSeitz,TransportationSystemsDirectorHarryBarrett,Jr.,AirportManagerAprilAlexander,ExecutiveAssistantTenSvedahl,AdministrativeSecretaryIH:\FileSys\AIR-Airport,TransportationServicesDivision\O1Administration\02Commfttees\AirportAdvisory\RMC-Membership\1-Appointments\2019\JosephineMedenillaBayan\RMCAppointment-JosephinemedenillaBayan.docxDATE:TO:FROM:RE1V1NOV252019CITYOFRENTONIMAYOR’SOFFICE]STAFFCONTACT:HarryBarrett,Jr,AirportManager,ext.7477SUBJECT:RecommendationforAppointmenttotheRentonAirportAdvisoryCommittee’sVacantBensonHillPrimaryPositionAGENDA ITEM #6. b) HannahLMillerFrom:AprilAlexanderSent:Thursday,August01,20192:39AMTo:HannahLMillerSubject:FW:ApplicationforBoards/Commissions/Committees2019-07-3107:57AM(PST)SubmissionNotificationFollowUpFlag:FollowupFlagStatus:FlaggedFrom:notification@civiclive.com[mailto:notification@civiclive.comJSent:Wednesday,July31,20197:58AMTo:AprilAlexander<analexander@Rentonwa.gov>Subject:ApplicationforBoards/Commissions/Committees2019-07-3107:57AM(PST)SubmissionNotificationApplicationforBoards/Commissions/Committees2019-07-3107:57AM(PST)wassubmittedbyGueston7/31/201910:57:32AM(GMT-08:00)Canada/PacificNameValueAirportAdvisoryCommittee*AirportAdvisoryCommittee*CivilServiceCommission*CommunityPlanAdvisoryBoard-BensonHillCommunityPlanAdvisoryBoard-BensonHill1rCommunityPlanAdvisoryBoard-CityCenterHistorical/MuseumBoard*HousingAuthority*HumanServicesAdvisoryCommittee*ParksCommission*PlanningCommission*PlanningCommission*MunicipalArtsCommission*SeniorCitizensAdvisoryCommittee*SisterCityCommittee-CuautlaSisterCityCommittee-NishiwakiGenderMs.NameJosephineMedenillaBayanAddress:11045SE184thP1Emailjpphinebayan@yahoo.comPhone4252326653AltPhone:ResidentYesResidentSince2011formerresidenceFullerton,CA1AGENDA ITEM #6. b) BSChemicalEngineering-featiUniversity,PhilippinesMAinUrbanandRegionalPlanningspecializinginEducationBackgroundTransportationPlanning-UniversityofthePhilippinesProjectManagementProfessional(PMP)-ProjectManagementInstitute2018-2018:SystemsConsultingLLC,ProjectManagementConsultant2011-2018:Planning&ManagementServices,Inc.,DirectorforMarketing/ProjectManager2001-2011:JAD&Associates,LLC,VicePresidentforBusinessOccupationalBackgroundDevelopment/ProjectManager1999-2001:BCEOMFrenchEngineeringConsultants,AssistantCountryManager(Philippines)1996-1999:AECOM,TransportationPlanner1995-1996:DCCDEngineers,TrainOperationsSpecialist1980-1995:PhilippineNationalRailways,SeniorChemist2018-2018:SystemsConsultingLLC,ProjectManagementConsultant2011-2018:Planning&ManagementServices,Inc.,DirectorforMarketing/ProjectManager2001-2011:JAD&Associates,LLC,VicePresidentforBusinessEmployer:Development/ProjectManager1999-2001:BCEOMfrc’EngineeringConsultants,AssistantCountryManager(Philippines)1996-1999:AECOM,TransportationPlanner1995-1996:DCCDEngineers,TrainOperationsSpecialist1980-1995:PhilippineNationalRailways,SeniorChemist2013-2014:WomentsTransportationSeminarPugetSoundCommunityActivities.Chapter,Co-ChairforDiversityCommitteeTogivebacktothecommunityandsupportthecityinReasonforapplyrng..shapingalivable,healthyandsustainableenvironment.DayMeetingsDayMeetingsNightMeetingsNightMeetingsToviewthisformsubmissiononline,pleasefollowthelinkbelow:2AGENDA ITEM #6. b) AB - 2538 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: November 2019 General Election - Certified Results RECOMMENDED ACTION: None; Information Only DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: King County certified the results of the November 5, 2019 General Election as follows: Mayor: Armondo Pavone 10,915 52.95% - ELECTED Marcie Maxwell 9,616 46.65% Write-in 84 .41% Council Position No. 3: Valerie O'Halloran 9,605 50.94% - ELECTED James Alberson 9,187 48.72% Write-in 64 .34% Council Position No. 4: Ryan McIrvin 12,787 69.31% - ELECTED Maria Spasikova 5,599 30.35% Write-in 63 .34% Council Position No. 5: Ed Prince 14,685 98.29% - ELECTED Write-in 225 1.71% Council Position No. 7: Kim-Khánh Vǎn 12,237 65.54% - ELECTED Thomas Trautmann 6,387 34.21% Write-in 46 .25% EXHIBITS: A. King County Election Certification Letter STAFF RECOMMENDATION: AGENDA ITEM #6. c) N/A AGENDA ITEM #6. c) STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) This is to certify that on November 5, 2019, there was held a general election in the City of Renton, King County, Washington, for the election of candidates; That the results of the election were duly canvassed by the King County Canvassing Board on November 26, 2019, and the results of said canvass are as follows: Mayor Marcie Maxwell 9,616 46.65% Armondo Pavone 10,915 52.95% Elected Write-in 84 0.41% Council Position No. 3 Valerie O’Halloran 9,605 50.94% Elected James Alberson 9,187 48.72% Write-in 64 0.34% Council Position No. 4 Ryan Mclrvin 12,787 69.31% Elected Maria Spasikova 5,599 30.35% Write-in 63 0.34% Council Position No. 5 Ed Prince 14,685 98.29% Elected Write-in 255 1.71% AGENDA ITEM #6. c) Council Position No. 7 Kim-Khanh Van 12,237 65.54% Elected Thomas Trautmann 6,387 34.21% Write-in 46 0.25% Dated at Renton, King County, Washington, this 2nd day of December 2019. ____________________________ Julie Wise, Director AGENDA ITEM #6. c) AB - 2534 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: Proposed Graves Annexation; A-19-001 RECOMMENDED ACTION: Council Concur; Set Public Hearing on XX/XX/XXXX DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: A 10% Notice of Intent to Petition for Annexation was submitted by Savanna Nagorski, petitioner, on November 19, 2019. The $2,500 processing fee was also submitted. The proposed Graves Annexation is approximately 12.9 acres, bordered approximately to the north by NE 4th St/SE 128th St, to the east by SE 156th St, to the west by 162nd Ave SE, and to the south by parcel lines and SE 130th St (if extended). The petition was reviewed by the Community and Economic Development Department, with the recommendation of setting January 13, 2020 as a Public Meeting with the Initiator. At this meeting, Council will have the opportunity to accept, reject, or modify the boundaries of the proposed annexation. EXHIBITS: A. 10% Notice of Intent to Petition for Annexation STAFF RECOMMENDATION: Set January 13, 2020 as a Public Meeting to consider the proposed Graves Annexation. AGENDA ITEM #6. d) CITY OF RENTON o1 NOTICE OF INTENT TO PETITION FOR ANNEXATION NOV 19 2019 ,Z•AA"' RECEIVED CITY OF RENTON CITY CLERK'S OFFICE Proposed Annexation Name Graves Annexation e.04S cur File No.To be determined No-go rsL, 3 3 Li00 S - S s- Total Area of Proposed Annexation:±21.6 Acres p lk,k. pricA3 Total Area Represented by Signatures 12.9 Acres t ( Q• o.nk : . 7e)r- r Percent of Total Area Represented by Signatures (60%) 4 0 110..V es Ow. a Q - , la VI ) We,the undersigned (see Exhibit A, attached hereto), IN ng the owners of not less than 10 percent 310%) of the assessed value of the proposed annexation area, illustrated on Exhibit B attached hereto, ov0 lying contiguous to the City of Renton,Washington, do hereby respectively ask the Honorable Mayor and City Council that appropriate actions be taken to authorize circulation of the Petition so that such territory can be annexed to and made a part of the City of Renton under the provisions of RCW Chapter 35.13. This Notice is accompanied and has attached hereto as Exhibit B a map which outlines the boundaries of the property sought to be annexed. The following conditions should be noted by those signing Exhibit A- NOTICE OF INTENT TO PETITION FOR ANNEXATION Signature Form: 1. Signatures must be in ink or indelible pencil. 2. Record owners must sign,that is,the owners as shown by King County records. 3. Only one spouse needs to sign. 4. Mortgages may be disregarded --there is no requirement that a mortgagee sign. 5. Where real estate contracts are involved, only the purchaser needs to sign so long as the contract is recorded with the county, otherwise only the contract seller is authorized to sign. 6. Corporations that own property may sign. However only a corporate officer who is specifically authorized by the bylaws to execute deeds or encumbrances on behalf of the corporation can sign on behalf of the corporation. A certified excerpt of the corporation bylaws so authorizing such officer must be attached. 7. Multiple signatures are not required for multiple ownerships. If you own more than one parcel within the proposed annexation area,you only need to sign once. a 3- ?)"—ID AGENDA ITEM #6. d) r' Exhibit A NOTICE OF INTENT TO PETITION FOR ANNEXATION Signature Form 1.Printed Name: KEVIN ELLIFRITS Signature Address:15801 SE 128TH ST Date Property Description: 366450-0338 JANETTS RENTON BOULEVARD TRS LESS ST PLAT BLOCK:4 PLAT LOT 10 2,Printed Name: BOYD K AND VICKI SPEER_Signature Address: 12914 158TH AVE SE Date Property Description: 366450-0006 JANETTS RENTON BOULEVARD TRS 63 FT LESS S 133 FT PLAT BLOCK 1 PLAT LOT 1 67,Printed Name: HENRY R AND ELIZABETH MARTIN Signa re 7 6 * J Address: 15817 SE 128TH Date °l ' ( Property Description: 366450-0330 JANETTS RENTON BOULEVARD TRS LESS CO ROAD PLAT BLOCK 4 PLAT LOT 6 Printed Name: HENRY R AND ELIZABETH MARTIN Signature rrt, Address UciCd Lo1-Date 9 1 18' k- Property Description: 366450-0007 JANETTS RENTON BOULEVARD TRS E 57 FT OF W 291 FT PLAT BLOCK 1 PLAT LOT 1 5.Printed Name: LORD OF LIFE LUTH CHURCH _Signature Address: 12819 160TH AVE SE Date 0001 Property Description: 366450-0320 JANETTS RENTON BOULEVARD TRS LESS N 12 FT FOR STREE OF SD LOTS 1 THRU 5 TGW LOT 1 OF BLK 1 IN SD ADD LESS W 29 FT—TGW POR VAC ALLEY BET SD BLKS PLAT BLOCK 4 PLAT LOT 1 THRU 5 6.Printed Name: 2001 STROHSCHEIN FAMILY LLC Signature Address: 12924 158TH AVE SE Date /C7/t7 Property Description: 366450-0009 JANETTS RENTON BOULEVARD TRS PP ACT 39946802 MOBILE HOME S 133 FT OF W 63 FT PLAT BLOCK 1 PLAT LOT 1 AGENDA ITEM #6. d) t 7.Printed Name: 2001 STROHSCHEIN FAMILY LLC Signature Address:15815 SE 128 TH ST Date 0 Property Description: 366450-0008 JANETTS RENTON BOULEVARD TRSE171 FT OF W234 FT OF LOT 1 BLK 1 AND LOTS 7-8-9 BLK 4 LESS ST RD ADD PLAT BLOCK 1 PLAT LOT 1 8.Printed Name: RIBERA BALKO ENTERPRISES_Signature 413 Address: AS'I ) 1 I A sI-S 0-v 0 1WDate t QZ6//9 Property Description: 145750-0044 CEDAR PARK-FIVE ACRE TRS W 250 FT LESS ST PLAT BLOCK 2 PLAT LOT 1 9.Printed Name: MARK A AND AMY WADE Signature Address: 16027 SE 128TH ST Date Property Description: 145750-0045 CEDAR PARK FIVE ACRE TRS LESS BEG NE COR LOT 1 TH S ALG E LN 100 FT TAP TO BE KNOWN AS "A"TH CONTG S TO N LN OF S 100 FT LOT 1 TH W 135 FT TH N 96 FT TAP 132 FT W OF PTA TH NWLY TAP 152 FT W OF NE COR TH E TO BEG LESS S 100 FT OF E 135 FT LESS W 250 FT PLAT BLOCK 2 PLAT LOT 1 10. Printed Name: BUFORD L GRAVES Signature 13 fJ,-,L ef/A - Address: 12836160TH AVE SE Date - 0 /9• Property Description: 145750-0050 CEDAR PARK FIVE ACRE TRS N %OF TRACT 1 PLAT BLOCK2 PLAT LOT 2 11. Printed Name: LARRY L SEDGWICK Signature Address: 145750-0046 Date Property Description: CEDAR PARK FIVE ACRE TRS BEG NE COR LOT 1 TH S ALG E LN 100 FT TH W 132 FT TH NWLY TAP ON N LN SD LOT 152 FT W OF NE COR TH E TO BEG LESS ST PLAT BLOCK 2 PLAT LOT 1) 12. Printed Name: ROGER G BEDELL JR Signature Address: 12817 162ND AVE SE Date Property Description: 145750-0043 CEDAR PARK FIVE ACRE TRS BEG NE COR LOT 1 TH A ALG E LN 100 FT TO TPOB TH W 132 FT TH S 96 FT TH E 135 FT TH N TO TPOB PLAT BLOCK 2 PLAT LOT 1 13. Printed Name: CARL AND JANET WADE Signature Address: 12823 162ND AVE SE Date Property Description: 145750-0047 CEDAR PARK FIVE ACRE TRS S 100 FT OF E 123 FT AGENDA ITEM #6. d) 1 14. Printed Name: ADINARAYANA AND RADH MANDAVILLI Signatu Address: 12857 162 ND AVE SE Date I(. 120"°\ Property Description: 145750-0053 CEDAR PARK FIVE ACRE TRACTS E 0 FT OF S HALF OF LOT 2 BLK 2 PLAT BLOCK 2 PLAT LOT PORTION 2 15. Printed Name: GERBAN MELKI Signature Address: 16050 SE 130TH ST Date SI 20`L' Property Description: 145750-0055 CEDAR PARK FIVE ACRE TRACTS W 80 FT OF E 150 FT OF S HALF OF LOT 2 BLK 2 PLAT BLOCK 2 PLAT LOT PORTION 2 16. Printed Name: DANIEL A DALEY Signature 1V . . Address: 16040 SE 130TH ST Date (1 - 2 7 0 f 5 U Property Description: 145750-0048 CEDAR PARK FIVE ACRE TRS W 125 FT OF E 275 FT OF S % PLAT BLOCK 2 PLAT LOT 2 17. Printed Name: PETER S BECKER Signature Address: 16030 SE 130TH ST Date Property Description: 145750-0049 CEDAR PARK FIVE ACRE TRS W 70 FT OF E 345 FT OF S'/z PLAT BLOCK 2 PLAT LOT 2 18. Printed Name: ROBERT ELWELL AND PATRI CARLSON Signature Address: 16020 SE 130TH ST Date Property Description: 145750-0054 CEDAR PARK FIVE ACRE TRS S '/Z LESS E 345 FT&LESS POR LY W OF FOLOG DESC LN BAAP ON N LN SD S OF LOT 2 WCH IS S 88-14-35 E 145 FT FR NW COR THOF TH S 1-16-19 E TQ S LN SD LOT PLAT LOCK 2 PLAT LOT 2 M iG lam' 19. Printed Name: I AWRENCE D AND TRACY FILL Signature A.1 Address: 12924 160TH ST SE Date g/Z(n (,5 Property Description: 145750-0051 CEDAR PARK FIVE ACRE TRS W 145 FT OF S 'IA BLOCK 2 PLAT LOT 2 AGENDA ITEM #6. d) GRAVES ANNEXATION That portion of the Northeast quarter of Section 14,Township 23 North, Range 05 East,W.M. and the Southeast quarter of Section 11,Township 23 North, Range 05 East,W.M in King County,Washington described as follows: Beginning at the northeast corner of the Kendall Annexation per City of Renton Ordinance No. 5552, also being a point on the north margin of NE 4th Street as known as SE 128th Street; Thence south along the east line of said City limits to the northwest corner of Lot 1, Block 1 of Janett's Renton Boulevard Tracts, as per plat recorded in Volume 17, Page 60; Thence west along the south line of said City limits to the northeast corner of Lot 1, Block 2 of said Janett's Renton Boulevard Tracts; Thence south leaving said City limits along the west margin of 158th Avenue SE to the southeast corner of said Lot 1, Block 2; Thence east to the southeast corner of said Lot 1, Block 1 of Janett's Renton Boulevard Tracts; Thence south along the west margin of 160th Avenue SE to a point being the westerly extension of the southerly margin of SE 130th Street; Thence east along said extension and said margin to the easterly extension of said SE 130th Street and the intersection with the east line of Lot 7, Block 3A of Hendrickson's Heights Addition No. 2,as per plat recorded in Volume 63, Page 63; Thence north along the west line of said plat,also being the easterly margin of 162nd Avenue SE,to the northerly extension of the westerly margin of 162nd Avenue SE and the intersection with the northerly margin of SE 128th Street, also being a point on the south line of Tract A of Coalfield Crossing, as per plat recorded in Volume 185, Page 72; Thence west along the south line of said Tract A to westerly extension of said Tract A and the intersection with the westerly margin of 160th Avenue SE; Thence south along said westerly margin of 160th Avenue SE to the northerly margin of SE 128th Street; Thence west along said northerly margin to the point of beginning. LND 01-0385 AGENDA ITEM #6. d) AGENDA ITEM #6. d) 11/15/2019 Corporations and Charities System BUSINESS INFORMATION Business Name: LORD OF LIFE LUTHERAN CHURCH UBI Number: 601 409 905 Business Type: WA PUBLIC BENEFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 12819 160TH AVENUE SE,RENTON,WA, 98059,UNITED STATES Principal Office Mailing Address: 12819 160TH AVENUE SE,RENTON,WA, 98059,UNITED STATES Expiration Date: 03/31/2020 Jurisdiction: UNITED STATES,WASHINGTON Formation/Registration Date: 03/03/1975 Period of Duration: PERPETUAL Inactive Date: Nature of Business: RELIGIOUS REGISTERED AGENT INFORMATION Registered Agent Name: LORD OF LIFE LUTHERAN CHURCH Street Address: 12819 160TH AVE SE,RENTON,WA, 98059,UNITED STATES Mailing Address: GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL ALISON LARSSON GOVERNOR INDIVIDUAL LUKE PFEIFER GOVERNOR INDIVIDUAL JAMI COX https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnfor nation 1/1 AGENDA ITEM #6. d) 11/15/2019 Corporations and Charities System BUSINESS INFORMATION Business Name: RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP UBI Number: 601 357 853 Business Type: WA LIMITED PARTNERSHIP Business Status: ACTIVE Principal Office Street Address: 16400 SOUTHCENTER PKWY, SUITE 308,TUKWILA,WA,98188-3302,UNITED STATES Principal Office Mailing Address: 16400 SOUTHCENTER PKWY, SUITE 308,TUKWILA,WA, 98188-3302, UNITED STATES Expiration Date: 12/31/2020 Jurisdiction: UNITED STATES,WASHINGTON Formation/Registration Date: 12/23/1991 Period of Duration: PERPETUAL Inactive Date: Nature of Business: PROPERTY MANAGEMENT REGISTERED AGENT INFORMATION Registered Agent Name: DIANA L RIBERA Street Address: 16400 SOUTHCENTER PKWY STE 308, TUKWILA,WA, 98188-3302,UNITED STATES Mailing Address: GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL DIANA L RIBERA https://ccfs.sos.wa.govNtBusinessSearchBusinesslnforrnation 1/1 AGENDA ITEM #6. d) 11/15/2019 Corporations and Charities System BUSINESS INFORMATION Business Name: 2001 STROHSCHEIN FAMILY, L.L.C. UBI Number: 602 123 359 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 14715 SE 145TH PL,RENTON,WA, 98059-7336,UNITED STATES Principal Office Mailing Address: 14715 SE 145TH PL,RENTON,WA,98059-7336,UNITED STATES Expiration Date: 05/31/2020 Jurisdiction: UNITED STATES,WASHINGTON Formation/Registration Date: 05/24/2001 Period of Duration: 05/24/2099 Inactive Date: Nature of Business: REAL PROPERTY INVESTMENT REGISTERED AGENT INFORMATION Registered Agent Name: DONALD A STROHSCHEIN Street Address: 14715 SE 145TH PL,RENTON,WA, 98059-0000,UNITED STATES Mailing Address: GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL JULIE STROHSCHEIN GOVERNOR INDIVIDUAL DON STROHSCHEIN https://ccfs.sos.wa.gov/#BusinessSearchBusinesslnformation 1/1 AGENDA ITEM #6. d) 7----.7 - -'--- 11,.it.t' i-• vy 0 CITY OF RENTON Receipt fV,:'?2 3 8 7i/ri.'; • 0 a . 12' City Clerk Division 1055 South Grady Way Renton,WA 98057 ' Date / i (1--- ) (71\T,I,0i''.. 425-40-6510 t. 1 0 Cash 0 Copy Fee 0 Notary Service 4);Check No. c:::? -11Lp 0 Appeal Fee 0 F.$ Il i IDescription: (-Arc k\JPS N-c\n,-10 ‘4 A-tr-v• (2-o At•--1 ,fTh - in%) i, Funds Received From: Amount $ cs-n-_-_, DNamecrAV0,-rs CNCA, 0 CA-a Cla.3 C.--`I! K-Ai:,' Address --E, '2, 1_1(y L-6,\---- k- \\ c) ) C----... --,40c) NCity/Zip C 9 p rev 1 &.\‘,c.,,,1,ii 1City‘StaXSTin athre `‘,..\ --Y i k AGENDA ITEM #6. d) AB - 2513 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: Support for Renton Ecumenical Association of Churches (REACH) - 2020-2021 RECOMMENDED ACTION: Council Concur DEPARTMENT: Community Services Department STAFF CONTACT: Kelly Beymer, Community Services Administrator EXT.: x6617 FISCAL IMPACT SUMMARY: The City will provide $120,000 per year for two years ($10,000 per month) to REACH Center of Hope to support services to homeless persons in our city and region. There will need to be a 1st Quarter budget adjustment for the requested funds. SUMMARY OF ACTION: Homelessness is one of the biggest challenges cities are facing. Renton is fortunate to have a long-standing partnership with REACH to work with homeless families and single women to provide day and night shelters along with a range of services and resources to assist with moving clients to stable housing. This funding will allow REACH to stabilize operations, assist in staff retention, and increase the staffing level to allow better supervision of clients at the shelters as well as provide needed resour ces for housing navigation to address the barriers preventing our vulnerable residents from stable and safe housing. EXHIBITS: A. REACH Funding 2020-2021 Issue Paper B. REACH Funding 2020-2021 Draft Scope of Work C. REACH Contract 2020-2021 STAFF RECOMMENDATION: Authorize the Mayor and the City Clerk to execute an agreement with REACH to provide $120,000 per year in operational funding for two years. AGENDA ITEM #6. e) h:\human services\.agencies - contracted\.19 agencies\reach\cs memo_council cc mayorreach final.docx COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: November 18, 2019 TO: Don Persson, Council President Members of Renton City Council CC: Denis Law, Mayor FROM: Kelly Beymer, Community Services Administrator STAFF CONTACT: Guy Williams, Human Services Manager SUBJECT: Funding for Renton Ecumenical Association of Churches (REACH) ISSUE: Should Renton City Council approve funding for $120,000 per year for 2020 and 2021 to support REACH as they work to provide day and night shelter facilities and assist homeless families and single women to move to stable housing. RECOMMENDATION: Council approves the funding request to ensure REACH is able to provide needed services to our most vulnerable residents, homeless families and women. BACKGROUND SUMMARY The City and REACH have a long-standing partnership. As the homeless crisis has grown and shelter beds are in short supply, having REACH located in Renton and provide a safe place for homeless women and children to sleep at night and work on resolving their barriers to stable housing during the day is an important component for assisting our most vulnerable populations. In addition to stabilizing and expanding REACH’s services, city funding will allow the agency to leverage funding from congregations, individual, private, corporate and government sectors. Through September 30, 2019 REACH has: AGENDA ITEM #6. e) Addressee Name Page 2 of 2 Date of Memo h:\human services\.agencies - contracted\.19 agencies\reach\cs memo_council cc mayorreach final.docx  Assisted 33 families move to more stable housing  Provided 439 individuals with day services, and 129 individuals with shelter  Average stay is 77 days  Meals provided 21,850 In order to receive these funds, REACH will contract with the City and be held to monthly service outputs. They will report on their fundraising efforts and success in moving clients to more stable housing. Funding will be tied to the service units provid ed and will be monitored on a monthly basis by Human Services Division staff. A draft of the scope of work is attached. CONCLUSION: REACH is the only agency in Renton able to provide both day and night shelters, as well as support and access to the resources clients need to overcome their barriers and find stable housing. AGENDA ITEM #6. e) Exhibit A - Scope and Schedule of Work 2020-2021 Agency Services Agreement REACH Center of Hope 1 Exhibit A Scope and Schedule of Work 2020-2021 Program Services Agreement for REACH Center of Hope Agency:Renton Ecumenical Association of Churches 2020 Funding: $120,000 Program:Center of Hope 2021 Funding: $120,000 This funding will provide: Support for staff providing direct services to homeless families and single women to overcome their barriers to housing, and allow agency to focus on fundraising to increase agency revenues. Total: $240,000 Effective Date Year 1: January 1, 2020– December 31, 2020 Year 2: January 1, 2021– December 31, 2021 Annual Program Outputs:Renton Need Area: Unduplicated Renton Residents 93 Number of bednights provided 4300 Number of case management hours provided 110 Homeless Services and Housing The Agency shall provide the approximate number of City of Renton clients with the following services each year of the Agreement. Services shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, ordinances rules and regulations, as are now in effect or may be amended or enacted during the course of the Agreement. The level of services provided under this Agreement is intended to be addition to the Agency’s obligations to the City of Renton under existing agreements between the Agency and the City of Renton, including the lease agreement between the Agency and the City of Renton on file as LAG-13-002 (the “Lease”). After the Lease terminates and for the duration of this Agreement, the City will continue to provide the same or similar premises to the Agency; provided that the Agency continues to meet its obligations under this Agreement. Definitions of Units of Service: Bednight: One bednight is counted for each night a Renton client receives shelter Case Management Hours: Total hours of case management provided. It will include housing navigations services, referrals to other providers, progress assessments, conflict resolution, counseling, and general intakes. This is any time spent with a client working to remove housing barriers. AGENDA ITEM #6. e) Exhibit A - Scope and Schedule of Work 2020-2021 Agency Services Agreement REACH Center of Hope 2 Quarter Service Unit # of Units Cumulative Total 1st Unduplicated City of Renton clients served 24 24 Number of bednights provided 1075 1075 Number of Case Management Hours provided 28 28 2nd Unduplicated City of Renton clients served 23 47 Number of bednights provided 1075 2150 Number of Case Management Hours provided 28 56 3rd Unduplicated City of Renton clients served 23 70 Number of bednights provided 1075 3225 Number of Case Management Hours provided 27 83 4th Unduplicated City of Renton clients served 23 93 Number of bednights provided 1075 4300 Number of Case Management Hours provided 27 110 Budget Personnel $120,000 Case Management: $24,000 Client Supervision and Support: $72,000 Health and Safety: $5,000 Administrative/Development Support: $19,000 Non-Personnel $0 The above Services shall be provided by December 31, 2020 for year one of the Agreement; December 31, 2021 for year two of the Agreement I. Contract Administration - The Agency shall notify Renton, in writing, within ten (10) calendar days of any changes in program personnel or board membership. - By April 15 of each year of the Agreement, the Agency shall provide Renton with an annual calendar showing dates and times of operations of sites, including times and dates of closure. Hours of operation must be consistent with the Scope of Services provided. The Agency will notify Renton in writing (e-mail is sufficient for the purposes of this requirement) of any deviations from the calendar that are three (3) calendar days in length or longer. Notifications shall be provided at least five (5) business days prior to closure except in extreme emergencies, in which case notification should be made as soon as possible. - The Agency shall provide Renton with a current list of its Board of Directors, general or limited partners, as applicable. AGENDA ITEM #6. e) Exhibit A - Scope and Schedule of Work 2020-2021 Agency Services Agreement REACH Center of Hope 3 II. Agency Reporting The Agency shall submit reporting to Renton as described in this section. A. Costs Reporting and Reimbursement Requests The Agency shall track its program costs data, itemized by category of cost. For personnel costs, the Agency shall itemize salary costs separately from fringe benefit costs. Program costs data, including an itemization of the program costs for which Agency seeks reimbursement, shall be submitted to Renton monthly, by the deadlines provided in the table below. B. Fund Development The Agency shall provide a narrative on their fund development efforts, and will include information on applications submitted, funding received, and any other fundraising efforts the Agency wishes to share, for example, increased partnerships with foundations and corporations. Fund development narratives shall be submitted to Renton quarterly, by the deadlines listed in the table below. C. Demographic and Outcome Data Reporting The Agency shall collect and retain demographic data requested from the persons served through this Agreement. Demographic data shall be tracked in an ongoing manner and submitted to Renton annually by the deadlines provided in the table below. Outcome data shall be collected and submitted annually in conjunction with the annual demographic report. Outcome data shall demonstrate the program’s progress toward the outcomes specified below. Outcome: 10% of individuals/families receiving case management services will move on to transitional or permanent housing within 120 days. Measurement: Data obtained from client records and HMIS. D. Reporting Deadlines The monthly, quarterly, and annual reports required above are due on the dates provided in the following table: AGENDA ITEM #6. e) Exhibit A - Scope and Schedule of Work 2020-2021 Agency Services Agreement REACH Center of Hope 4 REPORT DEADLINE Monthly Reports (Costs Data and Reimbursement Requests) Due on or before the last day of the following month Quarterly Reports (Fund Development)1st Quarter report= Due on or before each April 15th 2nd Quarter report = Due on or before each July 15th 3rd Quarter report = Due on or before each October 15th 4th Quarter report = Due the first week of each January Annual Reports Demographic and outcome data report Due on or before January 31 AGENDA ITEM #6. e) Page 1 of 10 HUMAN SERVICES AGREEMENT WITH RENTON ECUMENICAL ASSOCIATION OF CHURCHES FOR THE CENTER OF HOPE CAG-__-___ THIS HUMAN SERVICES AGREEMENT, dated __________________, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Renton Ecumenical Association of Churches (“Agency”), a Washington nonprofit corporation. The City and the Agency are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. RECITALS WHEREAS Renton has provided General Fund budget funds to finance certain programs; WHEREAS the programs provided by the Agency are for the general community’s benefit and are designed for the well-being of children, individuals, and families in the City of Renton; NOW, THEREFORE, in consideration of the recitals, which are incorporated by reference, and the following mutual promises and covenants contained in this Agreement, the Parties mutually agreed as follows: 1. Scope of Services: Agency agrees to provide the services associated with Agency’s Center of Hope as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Services.” The Services shall be performed in a manner consistent with the accepted practices for other similar services, completed to Renton’s satisfaction within the time prescribed by Renton, and pursuant to the direction of the Human Services Manager (“HSM”) or designee. 2. Term: The term of this Agreement shall be for a period of two (2) years commencing on January 1, 2020, and terminating on December 31, 2021 (“Term”). Funding for the second year of the contract is contingent upon the availability of funds to be allocated through Renton’s budget process and the Agency’s satisfactory contract performance during the prior year of the contract term. 3. Termination: Prior to the expiration of the Term, this Agreement may be terminated or suspended immediately, with or without cause by Renton. The Agency may cancel this AGENDA ITEM #6. e) Page 2 of 10 Agreement only upon thirty (30) business days’ prior written notice to Renton. In the event Renton terminates or suspends this Agreement, the Agency will be entitled to receive compensation for any approved Services rendered prior to the termination or suspension of this Agreement. The HSM’s determination of compensation shall be binding and conclusive. 4. Compensation: A. Total Compensation. In exchange for the Agency’s performance of the services detailed in the Scope of Service, Renton shall reimburse the Agency in an amount not to exceed the amount specified in the Scope of Service. B. Criteria for Compensation. Renton will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) identified in Exhibit A. If the Agency does not meet the 90% of the performance goals, the compensation will be reduced by the corresponding number of percentage points below the 90% level. At the 90% or above level, the Agency will be reimbursed at 100%. In addition, Agency shall timely comply with all reporting requirements set forth in Exhibit A. The method for calculating contract performance is specified below in subsection 4.C. i. Any exception to the criteria or method must be negotiated with Renton. ii. Renton may note exceptions where circumstances beyond the Agency’s control impacts the Agency’s ability to meet its performance goals and the Agency has shown reasonable effort to overcome those circumstances to meet their goals. iii. The HSM has the discretion to find exceptions when appropriate. C. Method of Calculation. The performance measure “percentage of unduplicated clients served” will comprise 50% of the formula used to determine reimbursement. Other performance measures will be aggregated and will be the remaining 50% performance measure used to determine reimbursement. If an Agency exceeds any of its performance measure goals, the level of reimbursement will remain the same. If the number of units of service provided exceeds the goal for that particular measure, the actual number of units provided shall be adjusted to equal that goal. The total reimbursement shall be based on cumulative data presented by the Agency in the final reimbursement request and accompanying reports. D. Method of Payment. Agency will submit an invoice to Renton as specified in the Scope of Service. No invoice shall exceed one quarter of the total budgeted amount by more than 10% without prior written authorization by Renton. Failure to deliver the invoice and reports in a timely manner may jeopardize the payment AGENDA ITEM #6. e) Page 3 of 10 of funds for that period. Payment will be made no later than forty-five (45) calendar days after receipt of invoice and approval of reports. i. If Renton objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute. ii. In that event, the Parties will immediately make every effort to settle the disputed portion 5. Monitoring: Even though the Agency is an independent contractor with the authority to control and direct the performance and details of the Services authorized under this Agreement, the Services must meet the approval of Renton and shall be subject to Renton’s general right of inspection to secure satisfactory completion. Renton shall review reports to monitor compliance with the level of service required in the Scope of Service. Renton may also review program performance periodically on-site. Should the Agency fail to meet the minimum level of service represented by the Performance Measures in Exhibit A, Renton reserves the right to adjust payments as specified in Paragraph 4 (B), “Criteria for Compensation”. 6. Record Maintenance: The Agency shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Services provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Agency agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 7. Project Files: The Agency shall maintain files for this project containing the following items: A. Notice of Grant Award. B. Motions, resolutions, or minutes documenting Board or Council actions. C. A copy of this Agreement and Exhibit A, and Scope of Service correspondence regarding budget revision requests. D. Copies of all project invoice, reports and documentation submitted to Renton. 8. Reporting Requirements: No payment will be made to the Agency until all reports requested by Renton are fully completed and executed by the Agency and approved by Renton. The Agency shall submit the reports specified in the Scope of Services by the deadlines specified therein. AGENDA ITEM #6. e) Page 4 of 10 9. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Agency shall make a due diligent search of all records in its possession or control relating to this Agreement and the Services, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Agency believes said records need to be protected from disclosure, it may, at Agency’s own expense, seek judicial protection. Agency shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Agency has responsive records and for which Agency has withheld records or information contained therein, or not provided them to the City in a timely manner. Agency shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 10. Independent Contractor Relationship: A. The Agency is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Agency and the City during the period of the Services shall be that of an independent contractor, not employee. The Agency, not the City, shall have the power to control and direct the details, manner or means of Services. Specifically, but not by means of limitation, the Agency shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Service or where scheduling of attendance or performance is mutually arranged due to the nature of the Services. Agency shall retain the right to designate the means of performing the Services covered by this agreement, and the Agency shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Agency is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Agency or any employee of the Agency. 11. Hold Harmless: The Agency agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Agency in its performance of this Agreement AGENDA ITEM #6. e) Page 5 of 10 or a breach of this Agreement by Agency, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Agency and the City, its officers, officials, employees and volunteers, Agency’s liability shall be only to the extent of Agency’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Agency’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 12. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Agency shall not give a gift of any kind to City employees or officials. Agency also confirms that Agency does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Agency, negotiating or administering this Agreement, or evaluating the Agency’s performance of the Services. 13. City of Renton Business License: The Agency shall obtain a City of Renton Business License prior to performing any Services and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://rentonwa.gov/business/default.aspx?id=548&mid=328. Information regarding State business licensing requirements can be found at: http://dor.wa.gov/content/doingbusiness/registermybusiness/ 14. Insurance: Agency shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Services delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Service provided by a licensed professional or Services that requires a professional standard of care. AGENDA ITEM #6. e) Page 6 of 10 C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Agency’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Agency shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Agency liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Agency to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Services. G. Agency shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 15. Successors and Assigns: Neither the City nor the Agency shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. City of Renton: Dianne Utecht 1055 South Grady Way, Sixth Floor Renton, WA 98057 Phone: (425) 430-6655 Dutecht@rentonwa.gov Fax: (425) 430-6603 Agency: Neil Francoeur REACH 3604 NE 10th Court Renton, WA 98056 Neil@reachrenton.org AGENDA ITEM #6. e) Page 7 of 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Agency agrees as follows: A. Agency, and Agency’s agents, employees, representatives, and volunteers with regard to the Services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Services or any other benefits under this Agreement, or procurement of materials or supplies. B. The Agency will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Agency fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Agency is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Agency. B. Agency will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Agency shall furnish all tools and / or materials necessary to perform the Services except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Agency to provide Services he / she will acquire or maintain such at his / her own expense and, if Agency employs, sub-contracts, or otherwise assigns the responsibility to perform the Services, said employee / sub-contractor / assignee will acquire and or maintain such training, licensing, or certification. AGENDA ITEM #6. e) Page 8 of 10 E. This is a non-exclusive agreement and Agency is free to provide his / her Services to other entities, so long as there is no interruption or interference with the provision of Services called for in this Agreement. F. Agency is responsible for his / her own insurance, including, but not limited to health insurance. G. Agency is responsible for his / her own Worker’s Compensation coverage as well as that for any persons employed by the Agency. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Agency represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Agency. B. General Administration and Management. The City’s project manager is Dianne Utecht. In providing Services, Agency shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Agency proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent an Agency prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Agency and all of the Agency’s employees shall perform the Services in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the AGENDA ITEM #6. e) Page 9 of 10 Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Agency’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Assigns and Successors. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Agency from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ AGENCY By:____________________________ Denis Law Mayor Elinor Alexander Board President AGENDA ITEM #6. e) Page 10 of 10 _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By Renton City Attorney’s Office _______________________________ By: Leslie Clark Senior Assistant City Attorney AGENDA ITEM #6. e) AB - 2526 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: Professional Services Agreement for Kiwanis Park Site Improvements RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Alan J. Wyatt, Capital Projects Manager EXT.: 6571 FISCAL IMPACT SUMMARY: The contract amount for Kiwanis Park Site Improvements design services is $364,045.00. This is a bond funded project. The amount available for this project in the 316 fund is $1,999,5 60.00. SUMMARY OF ACTION: Kiwanis Park was identified in the 2019 Parks Bond as a high priority project for major maintenance site improvements. Built in the 1960’s, the park is over 50 years old, showing signs of its age, and does not meet ADA requirements. Major maintenance improvements for the park include looped ADA accessible walkways and entries, upgraded utility services, playground replacement, paved parking renovation with improved site drainage and storm water management, activity building demolition, new picnic shelter and paved parent plaza, new Portland Loo restroom, basketball/sport court renovation, ball field and multi-use field improvements, and park signage. Six consulting firms from the MRSC (Municipal Research and Services Center) Professional Consultant Roster met the qualifications and three firms were invited for interviews. Bruce Dees & Associates was selected to enter into negotiations based upon their innovative design solutions, understanding of the scope, team coordination and response, similar project experience. Design for the improvements will occur throughout 2020, with construction anticipated to occur through mid - 2021. EXHIBITS: A. Issue Paper Kiwanis Park Professional Services Agreement B. AGREEMENT KIWANIS PARK SITE IMPROVEMENTS_BDA Signed Final STAFF RECOMMENDATION: Authorize the Mayor and the City Clerk to execute the agreement with Bruce Dees & Associates for site improvement design and construction administration support services. AGENDA ITEM #6. f) COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: November 22, 2019 TO: Don Persson, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Kelly Beymer, Community Services Administrator STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director, Ext. 6619 Alan J. Wyatt, Capital Projects Manager, Ext. 6571 SUBJECT: Professional Services Agreement for Kiwanis Park Site Improvements ISSUE: Should the Council authorize the Mayor and City Clerk to execute a $364,045.00 Professional Services Agreement with Bruce Dees & Associates to provide professional design and construction administration support services for Kiwanis Park Site Improvements? RECOMMENDATION: Staff recommends Council authorize the Mayor and City Clerk to execute the Professional Services Agreement with Bruce Dees & Associates to complete the attached scope of services for an amount not to exceed $364,045.00. BACKGROUND: Kiwanis Park was identified in the 2019 Parks Bond as a high priority project for major maintenance site improvements. Built in the 1960’s, Kiwanis Park is over 50 years old, is showing signs of aging, and does not meet federal accessibility standards. More recent major maintenance milestones include the playground replacement in the late 1990’s and completion of the looped walk in 2004. Proposed major site improvements for the park include looped ADA (American Disabilities Act) accessible park entrances and walkways, upgraded utility services, playground replacement, paved parking renovation with improved site drainage and storm water management, activity building demolition, picnic shelter and paved parent plaza, new Portland Loo restroom, basketball/sports court renovation, natural turf multi-purpose field and ballfield improvements with synthetic all-weather surface in the infield; ballfield backstop replacement, covered dugouts, and park signage. CPTED AGENDA ITEM #6. f) Don Persson, Council President Members of the Renton City Council Page 2 of 2 November 22, 2019 (Crime Prevention Through Environmental Design) standards, will be used throughout the design process. Parks Planning and Natural Resources staff identified six consulting firms from the MRSC (Municipal Research and Services Center) Professional Consultant Roster that met the qualifications, to provide professional design and construction administrative support for major site improvements for parks and recreational facilities. From the initial list of six qualified firms, three firms were invited for an interview. Bruce Dees & Associates was selected to enter into negotiations based upon their innovative design solutions, understanding of the scope, team coordination and response, and similar project experience. Total consultant costs to complete the work identified in the Scope of Services is $364,045.00 and include design through construction contract administration . Currently, $1,999,560.00 is available in the Capital Improvement Project fund for this project. CONCLUSION: The site improvements to Kiwanis Park are an investment into one of Renton’s greatest assets. As the park has reached an age of over 50 years, major maintenance improvements are required to continue to make the park an asset for the community and meet the public’s changing needs. Approval of the consultant agreement with Bruce Dees & Associates moves the City forward in fulfilling the needs to maintain quality recreational and park facilities. Once approved, design for the improvements will occur throughout 2020, with construction anticipated to occur in 2021. cc: Denis Law, Mayor Armondo Pavone, Mayor Elect Robert Harrison, Chief Administrative Officer Jan Hawn, Administrative Services Administrator Kari Roller, Fiscal Services Director Sean Hollingsworth, Fiscal Analyst III Shane Moloney, City Attorney AGENDA ITEM #6. f) AGREEMENT FOR PROFESSIONAL SERVICES FOR KIWANIS PARK SITE IMPROVEMENTS THIS AGREEMENT, dated December ___, 2019, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Bruce Dees & Associates (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide professional design services and construction administration support as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A, or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than July 30, 2021. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $364,045.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for AGENDA ITEM #6. f) PAGE 2 OF 10 such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards AGENDA ITEM #6. f) PAGE 3 OF 10 and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City AGENDA ITEM #6. f) PAGE 4 OF 10 during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. AGENDA ITEM #6. f) PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single AGENDA ITEM #6. f) PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Alan J. Wyatt, Capital Projects Manager 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6571 awyatt@rentonwa.gov CONSULTANT Bruce Dees 226 E 26th Street, Ste. 202 Tacoma, WA 98421 Phone: (253) 627-7947 bdees@bdassociates.com AGENDA ITEM #6. f) PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if AGENDA ITEM #6. f) PAGE 8 OF 10 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Alan J. Wyatt. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the AGENDA ITEM #6. f) PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #6. f) AGENDA ITEM #6. f) Exhibit A 1 of 11 11/20/19 EXHIBIT 'A' City of Renton Parks Kiwanis Park Improvements Scope of Work October 31, 2019 Revised November 20, 2019 In general the scope of work is to develop a plan for the Kiwanis Park that is the optimum plan accommodating the preliminary program and other activities and facilities appropriate for the park while addressing the potential and constraints of the site. Once a conceptual plan is complete design development, construction documents, permits, bidding, and construction review will follow. SCOPE OF WORK Bruce Dees & Associates will be the prime consultant responsible for overall project management, development of the concept design, production of the construction drawings, bidding and construction review. Sub-consultants include: A. Civil Engineer – Sitts & Hill Engineers, Inc. This scope of work will include storm water, sanitary sewer and domestic water design and include coordination with Public Works. B. Electrical and Lighting – Stantec, Inc. The preliminary program calls for security lighting. Electrical engineering will include the area lighting and secondary electrical service. E. Survey – Sitts & Hill Engineers, Inc. This scope of work will include survey to locate the utilities in Union Ave, rim and invert elevations for the sanitary and storm sewers; water; and the rim elevations and line locations of any other utilities that exist. We will utilize the City's survey performed in 2016 by Pace Engineers for the site survey. D. Geotechnical Work – Migizi Group Geotechnical work will include:  Conclusions regarding the reuse of onsite soils for structural fill;  Conclusions regarding onsite liquefaction potential;  Recommended seismic design parameters, including I.B.C. soil profile type;  Recommendations for site preparation;  Recommendations for construction monitoring. E. Building Hazard Assessment & Abatement Survey – NVL Labs  Conduct Good Faith Asbestos Inspection of the restrooms at Kiwanis Park.  Collect samples of suspect asbestos containing materials, as per 40 CFR 763.86.  NVL Labs will not replace/repair surfaces/building components damaged during the inspection.  Samples analyzed in a NVLAP accredited laboratory as specified by EPA.  Identify and quantify Asbestos Containing Material (ACM) for abatement bid specs.  Provide final inspection report electronically (as pdf) to include documentation, pictures and discussion of the findings within 2-3 business days after the site inspection. AGENDA ITEM #6. f) Exhibit A 2 of 11 11/20/19 MAXIMUM ALLOWABLE CONSTRUCTION COST (MACC) A final maximum allowable construction cost for the project has not been established. An estimated MACC is $2 – $3 million (excluding sales tax, construction contingency, permits, and design fees). PROGRAM A preliminary program has been established by Renton Parks. During the design process, the program will be refined and finalized. Following is the preliminary program: Preliminary Program A. Park Access/Connection to Community & Neighborhoods  Union Avenue  Northwest Corner  Parking Lot B. ADA Accessible Walkways  Access to facilities/park amenities  Access to park (entries/ballfield/tennis/picnic) C. Playground  Replacement of play equipment ° Age 2 – 5 and 6 – 12 (color/challenge/theme) ° Existing playground area, add seating areas (parent plaza) ° Innovative, safety, unique to system, theme (no spring toys), colorful  Playground underdrainage D. Parent/Picnic Plaza  Picnic tables, benches, trash receptacles  Portland Loo Company restroom E. Ballfield/Multi-use Field Renovation  Natural outfield/Synthetic infield  Drainage  Backstop and covered dugouts  ADA access to dugouts F. Sport Court  Access  Visibility/safety and security  Minimal impact on site G. Tennis Courts  Access  Surface repairs H. Parking Lot  Drainage (consider rain garden)  Pavement onsite detention preferred over pervious  Access for pedestrians  Connection to neighborhood/bus stop AGENDA ITEM #6. f) Exhibit A 3 of 11 11/20/19 I. Site Grading/Drainage  Storm water management per City of Renton  Minimize impact on trees  Balanced cut and fill reusing material on site where possible  Existing trees - protect J. Site Lighting/Electrical  Area level lighting  Control  LED – energy efficient  Electrical access for maintenance  Conduit and pull boxes for potential future CCTV and Wi-Fi cabling K. Landscaping and Irrigation  Existing trees – protect  Compliant with existing City of Renton Park standards L. Site Amenities  Durable, vandal resistant  Stainless steel table tops or material approved by parks  Benches with arm rests  Drinking fountain / pet fountain  City of Renton Park standards for all other items M. General Issues  Existing gas and electric transmission lines to be addressed in the design  Site security and safety (CPTED to be followed) N. Restroom (Remove Existing Building)  Shall be the Portland Loo  Provide water and sewer connection  Portland Loo location to be defined in schematic design alternatives O. Signage  Entry Sign.  Wayfinding and Directional – City of Renton to provide standard concept for wayfinding and directional signage. AGENDA ITEM #6. f) Exhibit A 4 of 11 11/20/19 DESIGN PROCESS I. SCHEMATIC DESIGN (30%) Step 1: Background Studies A. Background Studies Site Analysis – Bruce Dees & Associates will review the existing physical conditions and constraints of the site, including topography, vegetation, utilities, public safety issues, and adjacent land uses. We will also examine all zoning and building codes and available record plans affecting the site. B. Kick off Meeting Bruce Dees & Associates will meet with the park's staff. The first meeting will be to determine specific needs and concerns to be addressed in the plan so that a program and design criteria can be established. Step 2: Design Criteria and Priorities Program A. Design Criteria and Program Development Using the physical and social input, Bruce Dees & Associates will identify support facilities that support the program and which are appropriate to the site. Based on the above input, we will prepare a list of design criteria to guide the development of alternative designs. B. Schematic Design Charrette #1 We will conduct a second staff meeting to present the design criteria and prioritized program. It is expected that refinements will be made to both the design criteria and the prioritization of program elements at this meeting. Step 3: Alternatives A. Alternative Conceptual Design Studies Once we have a good understanding of the background, we will develop a number of alternative designs in order to progress towards the optimum plan. In this effort, we will address the design criteria and the program that have evolved to this point. We will coordinate with our design team on the alternatives, as needed. Up to three alternatives will be developed. Scaled drawings and illustrations will be developed which graphically describe the various alternatives. Each plan will be sufficiently detailed to convey the conceptual differences between the alternatives. B. Schematic Design Charrette Meeting #2 This meeting will be held to review the alternative plans and select one or portions of each for further refinement. C. Refine Alternative Designs Here we refine plans or portions of plans for further review. AGENDA ITEM #6. f) Exhibit A 5 of 11 11/20/19 Step 4: Preliminary and Final Plan A. Preliminary Plan & Cost Estimate We will refine the final alternative into a more detailed plan. The preliminary plan will be drawn at the same scale as the final plan. This preliminary plan will be accompanied by cross sections to clearly convey the design intent. Also included in this step will be a preliminary construction cost estimate, and possible phasing. We will consult with all members of our consultant team regarding development costs. B. Final Plan We will incorporate all of the input received into the final plan. The plan will be prepared at an appropriate scale and will be supplemented with colored renderings. C. Cost Estimate and Phasing Plan Document We will refine the cost estimate for the entire plan and phasing plan (if phasing is needed) with costs for each phase. The phasing plan will graphically illustrate the site development by phases, which will be based on:  program priorities  logical construction sequence D. City of Renton Pre-Development Conference Prepare for and attend one (1) pre-application meeting with and at the City of Renton to review park improvements. This meeting to determine permit requirements and activity building hazard assessment and abatement. Reviews – Schematic Phase 1. Kick off meeting. 2. Charrette Meeting #1. 3. Charrette Meeting #2. 4. Pre-Development Conference. Deliverables  Preliminary site layout  Preliminary grading and drainage  Preliminary storm water management/erosion control  Preliminary utility plans  One 24 x 36 Rendered and Mounted Plan  Cost Estimate (PDF)  Minutes of all Meetings and Correspondence  Plans and Drawings in Electronic format (PDF and AutoCAD) PROVIDED BY THE CLIENT The Client will provide the following: 1. Copy of recorded easements. 2. As-built drawings of all existing utilities within or serving the site. 3. Existing reports, plans, or and documents related to the project site. 4. Existing site geotechnical or soils information. 5. Existing environmental studies. 6. Existing reports, letters, etc regarding environmental permitting issues. 7. Record drawings of the existing site improvements. AGENDA ITEM #6. f) Exhibit A 6 of 11 11/20/19 II. DESIGN DEVELOPMENT (60%) A. Site Work In the Design Development Phase, BD&A will finalize and describe the layout and character of the project for Client approval. Consideration shall be given to availability of materials, equipment and labor, construction sequencing and scheduling, user safety and maintenance requirements, and energy conversation. Design Development includes the following: Disciplines Coordination: Coordination with other consultants for the project. Document Checking: Review and coordination of documents prepared for the project. Permitting Authority Consulting: Research of critical applicable regulations, applicable laws, statutes, regulations, and codes to BDA work. Prepare SEPA Checklist. Client Data Coordination: Review and coordinate data furnished for the project by the Client. Electrical Design: Coordinate underground and surface appurtenances with other site work and others. Site Design: Coordinate with civil/site design documents. Cost Estimating: Development of a probable construction cost. Costs shall reflect the level of design elements presented in the Design documents, plus appropriate design contingencies to encompass unidentified scope ultimately included in the program. Analyze scope, schedule and budget options to stay within the MACC. Technical Specifications: Development of preliminary specifications. B. Cost Estimate An estimate of construction cost will be prepared at the end of design development. Reviews – Design Development Phase 1. Up to two meetings/charrettes with the city to review design development of park improvements. Deliverables  Design development plans, elevations, and sections (for staff use in Park Board and City Council presentations). Including design development level: ° Design development layout ° Design development grading and drainage ° Design development storm water management/erosion control ° Design development utility plans  Design development material and equipment selection lists and catalog cuts.  Design development cost estimate (PDF)  Plans and Drawings in Electronic format (PDF and AutoCAD) AGENDA ITEM #6. f) Exhibit A 7 of 11 11/20/19 III. CONSTRUCTION DOCUMENTS (90%) A. Design Standards 1. Design standards shall be per adopted City of Renton standards as required. 2. Sitts & Hill will provide documentation and drawings required for SWPPP and NPDES. B. Construction Drawings Work will entail: 1. Coordination with the project team on: a. Clearing, demolition and TESC plans b. Layout and material plans c. Grading and drainage plans d. Parking lot plan e. Domestic water and sanitary sewer plans for restroom f. Irrigation plan g. Planting plan Based on the design development decisions, final construction plans will be prepared on the electronic base drawings. Construction drawings will be developed based on a grid of 1" = 20'. C. Technical Specifications 1. Technical specifications for the work will be developed in the CSI (Construction Specification Institute) format. 2. Assist in establishing a base bid and alternates and write the description for alternate bid work. 3. Review City's Division 1 and provide input. 4. Review City of Renton's Division 0. 5. Provide Technical Specifications in Word and PDF format D. Cost Estimate Estimates of probable construction will be provided at 100% review. A final probable cost of construction will be prepared prior to finalizing a bid proposal format. This estimate will be the basis for establishing the lump sum bid proposal, base bid, and alternates. Reviews – Construction Document Phase 1. Up to two construction document coordination meetings. Deliverables  One full-size and one half-size set of drawings (PDF and AutoCAD) and specifications (Word and PDF) for each review.  Design development cost estimate. IV. PERMITTING PHASE A. Provide application for necessary permits including SWPPP, NPDES, TIR, and State Environmental Policy Act (SEPA). It is assumed that Portland Loo vendor will obtain separate building permits required. B. Respond to one round of agency review comments and submit final application. AGENDA ITEM #6. f) Exhibit A 8 of 11 11/20/19 V. BID SET (100%) A. Begin Advertisement: Bruce Dees & Associates will include permit comments and coordinate with City of Renton Purchasing for the advertisement for the bid. The Client will be responsible for advertising costs. B. Attend up to two review meetings. C. Provide print bid set to the City to issue for bidding. D. Coordination During Bidding Phase: 1. Answer contractor questions. 2. Attend an on-site pre-bid conference. 3. Prepare addendums if required. Note: All printing costs for bidding will be paid for by the Client. E. Bid Opening, Review Bids, and Pre-Construction: 1. Attend the bid opening. 2. Review all bid proposals. 3. Review contractor qualifications. 4. Facilitate a pre-construction conference with the contractor and the Client. Reviews – Bid Set Phase 1. Up to two review meetings. 2. Bid opening. 3. Pre-Construction conference. Deliverables  Complete construction documents ready for advertisement, reproduction, and Thumb Drive of the drawings and specifications. Documents to meet City of Renton format for Electronic Files. AGENDA ITEM #6. f) Exhibit A 9 of 11 11/20/19 VI. CONSTRUCTION REVIEW A. Construction Review It is anticipated that construction will be completed in within a six-month period. Construction review time will be provided on a periodic basis and will include. 1. Review for approval or disapproval submittals of materials and equipment related to our scope of work that are submitted by the Contractor. 2. Attend construction review meetings as appropriate. 3. Conduct surveillance of construction to include periodic visits to the site to observe the progress and quality of the work. 4. Monitor construction progress and quality with decisions relative to contract performance. Document progress with reports as appropriate. 5. Issue instructions to the Contractor and prepare field directives and change orders, if applicable. 6. Review the contractor's work and approve or disapprove work in conformance with the contract documents. 7. Review the completed project conformance to the requirements of the contract documents. 8. Review contract payment requests for all work. VII. PROJECT CLOSE-OUT 1. Conduct a final review and prepare punchlist. 2. Conduct a final review of punchlist items and recommend acceptance. 3. Review project closeout documents such as guarantees, warranties, and legal documents associated with our scope of work. 4. Prepare record drawings (AutoCad and PDF from contractor mark ups. 5. Conduct a one-year warranty review. AGENDA ITEM #6. f) Exhibit A 10 of 11 11/20/19 PROVIDED BY CLIENT/OWNER 1. Site Access Rights-of-entry upon all lands necessary for the performance of the above described Scope of Services. 2. Special Inspection/Testing The Client will obtain and pay for any special inspections including compaction and concrete and asphalt during construction. AGENDA ITEM #6. f) Exhibit A 11 of 11 11/20/19 EXTRA WORK 1. Expanded Scope of Work If during the course of the project, the Client elects to expand the MACC or the Scope of Work, design fees for the additional work shall be negotiated. 2. Extra Work Any work not included in this Scope of Work or any meeting(s) in addition to those listed in the Scope of Work shall be considered extra work. No extra work shall be commenced without written authorization from the Client. 3. Phased Development The Scope of Work is based on a single phase of construction. In the event the Client elects to divide the project into additional construction phases, the fees for additional work to prepare the additional construction documents, bidding, and construction review shall be negotiated. 4. Additional Construction Review In the event the estimated construction review time is exceeded as a result of the time of completion being extended, fees for the additional time and expenses shall be negotiated. AGENDA ITEM #6. f) Exhibit B 1 of 1 11/20/19 Schedule 'B' Compensation TASK PERCENTAGE AMOUNT Bruce Dees & Associates I. Schematic Design 26% $81,220.00 II. Design Development 18% $55,800.00 III. Construction Documents 23% $72,540.00 IV. Permitting 5% $13,950.00 V. Bidding 2% $5,580.00 VI. Construction Review 24% $75,330.00 VII. Project Closeout 2% $5,580.00 TOTAL 100% $310,000.00 Topographic – Survey I. Topographic Survey 100% $6,325.00 Sitts & Hill, Inc – Civil Engineer I. Schematic Design 7% $1,664.00 II. Design Development 17% $3,870.00 III. Construction Documents 55% $13,058.00 IV. Permitting 12% $2,680.00 VI. Construction Review/Closeout 9% $2,000.00 TOTAL 100% $23,272.00 Stantec, Inc. – Electrical Engineer I. Schematic Design 33% $5,336.00 II. Design Development 25% $4,071.00 III. Construction Documents 15% $2,455.00 VI. Construction Review 22% $3,599.00 VII. Project Closeout 5% $ 851.00 TOTAL 100% $16,312.00 Migizi Group – Geotechnical Engineer 100% $7,009.00 NVL Labs – Asbestos Testing I. Asbestos Testing 100% $1,127.00 GRAND TOTAL $364 045.00 The above scope of work will be provided on a lump sum basis with payments made each month on a percent of completed work. AGENDA ITEM #6. f) Bruce Dees & Associates 1 of 1 Job: 175-01-01 DESIGN SCHEDULE 2019 - 2020 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN I. SCHEMATIC DESIGN 30% II. DESIGN DEVELOPMENT 60% III. CONSTRUCTION DOCUMENTS 90% IV. PERMITTING V. BID DOCUMENTS 100% VI. CONSTRUCTION VII. PROJECT CLOSEOUT Schematic Design 30%Design Development 60%Construction Documents 90%Permitting Bid Set 100%Bidding 1 Kick Off Meeting _______________5 DD Charrette #1 ____________7 Client Review #1 ____________9 Application __________11 Client Review #1 ___________13 Pre-Bid Meeting ______ 2 Charrette #1 ___________________6 DD Charrette #2 ____________8 Client Review #2 ____________10 Resubmit __________12 Client Review #2 ___________14 Bid Open ___________ 3 Charrette #2 ___________________ 4 Pre-Application Meeting _________ 2020 2021 CITY OF RENTON KIWANIS PARK SITE DEVELOPMENT Schedule November 20, 2019 AGENDA ITEM #6. f) AB - 2536 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: King County Veteran's, Seniors and Human Services (VSHSL) Expanded Senior Hub Grant RECOMMENDED ACTION: Council Concur DEPARTMENT: Community Services Department STAFF CONTACT: Carrie Nass, Recreation and Neighborhood EXT.: 6624 FISCAL IMPACT SUMMARY: $90,000.00 from King County's Veteran's, Seniors and Human Services (VSHSL) Expanded Senior Hub Grant will go towards the following: Hire a consultant to help the City of Renton become a World Health Organization/AARP designated Age Friendly City, to better serve Renton's diverse older adult community. This consultant will work with Recreation and Neighborhood Division staff to do the following: Consolidate existing City of Renton Older Adult Business Plan with the 2018 Renton Senior Activity Center Needs Assessment into the Age Friendly Community framework and action plan; Research and identify all programs and services for seniors in the City of Renton and develop a Resource Guide for distribution; Develop Age Friendly webpages on City’s website to showcase this Age Friendly initiative; Research and make recommendations on senior friendly policies to implement City-wide; Develop “Age Friendly Renton” marketing material to distribute to seniors within the community. We also plan to purchase the following equipment for the senior center with these grant funds: internal building security cameras and monitors; welcome banners, in multiple languages; projector and screen for enhanced multimedia use in the upstairs large meeting room; emergency pull cords to be placed in restroom stalls. SUMMARY OF ACTION: King County grant funds will be use to apply for, plan/assess, and implement programming and policies for Renton to become a World Health Organization/AARP Age-Friendly designated city, to better serve all older adults in our city. We plan to accomplish this by working in partnership with all of the City of Renton’s departments and other agencies who serve older adults. With grant funds, we will hire a consultant to work with Recreation and Neighborhood Division staff to do the following: Consolidate existing City of Renton Older Adult Business Plan with the 2018 Renton Senior Activity Center Needs Assessment into the Age Friendly Community framework and action plan; Research and identify all programs and services for seniors in the City of Renton and develop a Resource Guide for distribution; Develop Age Friendly webpages on City’s website to showcase this Age Friendly initiative; Research and make recommendations on senior friendly policies to implement City-wide; Develop “Age Friendly Renton” marketing material to distribute to seniors within the community. We also plan to purchase the following equipment for the senior center with these grant funds: internal building security cameras and monitors; welcome banners, in multiple languages; projector and screen for enhanced multimedia use in the upstairs large meeting room; emergency pull cords to be placed in restroom stalls. This is being presented before the contract is ready, because we have not received the contract yet from King County (delay on their part) but want to get approval of grant funds, so we can execute the contract before December 31, 2019, and start on the grant funded project in January 2020. EXHIBITS: A. King County Veteran's, Seniors and Human Services (VSHSL) Expanded Senior Hub Award Letter AGENDA ITEM #6. g) STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a grant agreement for $90,000 with King County Veteran's, Seniors and Human Services (VSHSL), subject to approval as to form by the City Attorney Department, and allocate grant funds to City of Renton Recreation & Neighborhood Division. AGENDA ITEM #6. g) Adult Services Division Department of Community and Human Services 401 Fifth Avenue, Suite 500 Seattle, WA 98104 206-263-9105 Fax 206-205-6565 TTY Relay 711 August 16, 2019 Debbie Little City of Renton - Renton Senior Activity Center 211 Burnett Avenue North Renton, WA 98057 Email: dlittle@rentonwa.gov RE: Veterans, Seniors and Human Services Levy (VSHSL) - Transforming Senior Centers into Senior Hubs Request For Proposal (RFP) Thank you for your application and your service to the community. I regret to inform you that your application as the Renton Senior Activity Center Hub was not selected to receive sustained funding as a senior hub. However, as an alternative to longer-term funding, we would like to invite the senior centers involved in your application to participate in an expanded senior hub. During this application process, we received 22 applications, representing 41 senior centers, requesting combined total of $44,066,550 in funding. With approximately $20,650,000 in available funding, funding decisions were competitive. Participation in the expanded senior hub will allow for one year of funding for each of the senior centers represented in your application. Each senior center participant (or partner) will receive a total amount of $90,000 to provide services or invest in minor capital or equipment purchases that will support the capacity of each senior center to serve the diversity of elders in King County. The one-year awards are conditioned upon compliance with applicable State and County laws, the terms and conditions specified in the RFP, and your proposal response. The award is further conditioned upon formal execution of a written contract by King County and may be revoked prior to that time with no penalty to King County. Until the contracts are executed, any work done on or related to the project or commitment of any funds will not be reimbursed. We expect the contract discussions for this one-time funding will begin with each relevant senior center in late September, with signed contracts ready for a November 1, 2019 start date. The contracts will have an end date of December 31, 2020. Staff from the Adult Services Division (ASD) will contact you and your application partners in mid- AGENDA ITEM #6. g) Debbie Little – City of Renton - Renton Senior Activity Center August 16, 2019 Page 2 of 2 September to begin the discussions regarding contract terms and performance measures for the one-time contracts. In the meantime, a complete list of awardees is enclosed. If you wish to receive additional information regarding your proposal, we would be happy to schedule a time to speak with you. We request that if you want to review and/or discuss these materials, that you contact us in four to five weeks. We appreciate your consideration in keeping this information confidential until King County Executive Dow Constantine makes a public announcement early next week. Thank you again for the time, effort and interest put forth in your proposal, and for your hard work on behalf of King County seniors. If you have any questions, please contact Traci Adair, Older Adults and Healthy Aging Program Manager, tadair@kingcounty.gov or 206-263-3027. Sincerely, Leon Richardson Acting Adult Services Division Director Enclosure (1) cc: Leo Flor, Director, Department of Community and Human Services (DCHS) Steve Andryszewski, Chief Financial Officer, DCHS Traci Adair, Older Adults and Healthy Aging Program Manager, ASD, DCHS Angie Hinh, Operations Manager, ASD, DCHS AGENDA ITEM #6. g) AB - 2537 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: Lease Extension Between City of Renton and Northwest Restaurant Experience for River Rock Restaurant Located at Maplewood Golf Course RECOMMENDED ACTION: Refer to Community Services Committee DEPARTMENT: Community Services Department STAFF CONTACT: Doug Mills, Golf Course Manager EXT.: 6803 FISCAL IMPACT SUMMARY: Continued revenue percentages paid to the City on a monthly basis as noted in the lease (Average of $145K - $150K annually to the golf course). SUMMARY OF ACTION: Approve the extension of the lease and concession agreement between the City of Renton and Northwest Restaurant Experience (current Concessionaire), for the River Rock Restaurant located at Maplewood Golf Course. Original lease was set to expire in March of 2021, but Concessionaire requested renegotiation and extension where lease will now be set to expire in 2027, with an option to extend for an additional six (6) years upon mutual agreement of the parties. Staff, including the City Attorney, Community Services Administrator, Finance and Information Services Administrator, Senior Finance Analyst, and Golf Course Manager, reviewed all requested information extensively from the Concessionaire and are satisfied with the continued competency and solvency of their restaurant and business experience. The City made minor revisions to the concession agreement to reflect current operations and revised 'Financial Personal Guarantee' requirements. This will also enable the Concessionaire to actively reinvest in the business for future growth. This extension will allow for continued operation of the business, increase/improve partnership with the golf course, and solidify the relationship with existing and new customers in the Renton community. EXHIBITS: A. Northwest Restaurant Experience Lease and Concession Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the lease extension to 2027 with Northwest Restaurant Experience, dba RiverRock Grill and Alehouse, located at the Maplewood Gol f Course. AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) l4M>|0Mpe ee ang AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) -I.-.-.-I--.--.- ..-.,_.__..._-__..--.-.--.I I. I -I -.... .---_-.-.I..-..--.I...__._--._..... -.I.u-..- ..j l..._I . ---'l----.-I..-.I:--.lI-.-r.--- I.---.-__I____._. '.-.--.I..- .--"’-I -.--.--.. -.I. 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AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) 3 emen 3 ompan 8 6 a ome 3 AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) On this day of ,201 ,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared DENIS LAW to me known to be the person(s)who signed as THE MAYOR of CITY OF RENTON,the Washington municipal corporation that executed the within and foregoing instrument,and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said Washington municipal corporation for the uses and purposes therein mentioned;and on oath stated that he was authorized to execute the said instrument on behalf of said Washington municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: STATE OF WASHINGTON ) )SS COUNTYOF ) On this day of ,20 ,ndersigned,a Notary Public in and for the State of Washington,duly comm sworn,personally appeared to me known to be the and acknowledged the said instrument to be the free and volu eed of said [c lliabilitycompany],for the uses and purposes therein mentio h stated that was authorized to execute said instrument on behalf of said [mpany]. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: before me,the issioned and of ntary act and d ned,and on oat Lease and Concession Agreement (584 11-21--2019) corporation or limited liability co STATE OF WASHINGTON corporation or Iimit ehe COUNTYOF AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) W0 1 130 W AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) PRE r‘ AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) .~:. AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) SR -5 RG AGENDA ITEM #6. h) -._.. a -.- _. ."..'' 'I ._ -. .. I -I I_. I ._ __.‘I .... I I I I I.I I.I 4-.-I -- I I ....._I...E I I .I--I.-.. -IJII:-'--'-I-F-Illlnl-+—-'.I‘.---..- 1?'-..'|.I I.-.'_..-..' .'I'I-."i.I'I'FI_Ii'I "I-2-I -'_rI I.'I!|.:ZZ.i ..".'.-.u'.. '''.%-I'-_'.''..-r I '..I'-".'.'lI .|..-.'Z..|.-. 'I'|Jn.l5.=!-I-'|'||'..''-" I ii -'.'.'-'r -'.=-I"r.I'.'l: ||..-..I-_I'll ._.----I..AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AGENDA ITEM #6. h) AB - 2528 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: Professional Services Agreement for Gene Coulon Memorial Beach Park Trestle Bridge Replacement RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Alan J. Wyatt, Capital Projects Manager EXT.: 6571 FISCAL IMPACT SUMMARY: The contract amount for Coulon Memorial Beach Park Trestle Bridge Replacement design and construction administration support services is $341,400.00. This is a bond funded project. The amount available for this project in the 316 fund is $1,705,000.00. SUMMARY OF ACTION: The Gene Coulon Memorial Beach Park Trestle Bridge Replacement project was identified in the 2019 Parks Bond as a high priority project for major maintenance improvements. Built in the 1960’s, the park is over 50 years old, with the trestle bridge structure itself over 37 years old. In 2018, repairs to the trestle bridge were included in the Coulon Beach Park Structural Repairs project. During construction repairs to the trestle bridge, extensive decay of the pilings was discovered. Temporary emergency repairs were made to provide structural integrity for a limited 3 year lifespan. The existing bridge will be removed and replaced with a new single-span, steel bridge with viewing area, and light penetrating decking to meet regulatory requirements. Design and engineering services for the trestle bridge replacement are scheduled to occur in 2020, with construction anticipated to occur in fall 2020 and extending through late 2021. EXHIBITS: A. Issue Paper Coulon Park Trestle Bridge Professional Se rvices Agreement B. AGREEMENT & EXHIBIT A_ Coulon Park Trestle Bridge Replacement_11.25.19_WSP Signed STAFF RECOMMENDATION: Authorize the Mayor and the City Clerk to execute the agreement with WSP USA, INC. for Gene Coulon Memorial Beach Park Trestle Bridge Replacement design and construction administration support services. AGENDA ITEM #6. i) COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: November 25, 2019 TO: Don Persson, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Kelly Beymer, Community Services Administrator STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director, Ext. 6619 Alan J. Wyatt, Capital Projects Manager, Ext. 6571 SUBJECT: Professional Services Agreement for Gene Coulon Memorial Beach Park Trestle Bridge Replacement ISSUE: Should the Council authorize the Mayor and City Clerk to execute a $341,400.00 Professional Services Agreement with WSP USA, INC. to provide professional design and construction administration support services for the Gene Coulon Memorial Beach Park Trestle Bridge Replacement? RECOMMENDATION: Staff recommends Council authorize the Mayor and City Clerk to execute the Professional Services Agreement with WSP USA, Inc. to complete the attached scope of services for an amount not to exceed $341,400.00. BACKGROUND: Structural assessment reports completed in 2012 and 2017 for Gene Coulon Memorial Beach Park identified repairs to the trestle bridge in order to maintain the structural integrity. In 2018, repairs to the trestle bridge were included in the Coulon Beach Park Structural Repairs project. Extensive decay of the pilings was discovered during construction repairs. PND Engineers conducted a technical investigation to determine the extent of deterioration and structural condition. The investigation concluded that temporary emergency repairs were required in the immediate term and replacement in the short term. Temporary emergency repairs were made in 2018 to provide structural integrity for a limited 3 year lifespan. Replacement of the Coulon Park Trestle Bridge was identified in the 2019 Parks Bond as a high priority project for major maintenance site improvements. Major ma intenance improvements include removing and replacing the existing bridge and in-water piling AGENDA ITEM #6. i) Don Persson, Council President Members of the Renton City Council Page 2 of 2 November 25, 2019 with a new single-span, steel bridge with viewing area, and light penetrating decking to meet regulatory requirements. Design and construction administration support services to complete the work identified in the Scope of Services is $341,400.00. The bond project is currently funded in the Capital Improvement Project 316 Fund with a project balance of $1,705,000.00. CONCLUSION: The trestle bridge replacement at Gene Coulon Memorial Beach Park is an investment into Renton’s Park system. As the park has reached an age of over 50 years, and the bridge is 37 years of age, major maintenance improvements including replacement of structures, are required to maintain park safety and accessibility. Approval of the consultant agreement with WSP USA, INC. moves the City forward in fulfilling the need to maintain quality recreational and park facilities. cc: Denis Law, Mayor Armondo Pavone, Mayor Elect Robert Harrison, Chief Administrative Officer Jan Hawn, Administrative Services Administrator Kari Roller, Fiscal Services Director Sean Hollingsworth, Fiscal Analyst III Shane Moloney, City Attorney AGENDA ITEM #6. i) AGREEMENT FOR PROFESSIONAL SERVICES FOR COULON MEMORIAL BEACH PARK TRESTLE BRIDGE REPLACEMENT THIS AGREEMENT, dated January __, 2020, is by and between the City of Renton (the “City”), a Washington municipal corporation, and WSP USA, INC. (“Consultant”), a New York corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide professional design services and construction administration support for Gene Coulon Memorial Beach Park Trestle Bridge Replacement as specified in Exhibit A, dated November 20, 2019, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A, or as mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $341,400.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for AGENDA ITEM #6. i) PAGE 2 OF 10 such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance AGENDA ITEM #6. i) PAGE 3 OF 10 with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City AGENDA ITEM #6. i) PAGE 4 OF 10 during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Indu strial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant , except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. AGENDA ITEM #6. i) PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purp oses of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single AGENDA ITEM #6. i) PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Pr emises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Alan J. Wyatt, Capital Projects Manager 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6571 awyatt@rentongov.wa Fax: (425) 430-6603 CONSULTANT Scott Branlund, PE, SE 33301 Ninth Avenue South Federal Way, WA 98003-2600 Phone: (206) 431-2300 AGENDA ITEM #6. i) PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if AGENDA ITEM #6. i) PAGE 8 OF 10 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Betsy Severtsen. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. AGENDA ITEM #6. i) PAGE 9 OF 10 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. AGENDA ITEM #6. i) AGENDA ITEM #6. i) WSP USA Suite 300 33301 Ninth Avenue South Federal Way, WA 98003-2600 +1 206-431-2300 wsp.com November 20, 2019 Mr. Alan Wyatt Capital Projects Manager City of Renton 1055 South Grady Way Renton, WA 98057 Subject: Gene Coulon Memorial Beach Park Trestle Bridge Replacement Engineering Services Request for Proposal – Fee Estimate Dear Mr. Wyatt: WSP USA is pleased to submit our fee proposal to the City of Renton to provide services for the Gene Coulon Memorial Beach Park Trestle Bridge Replacement project. Our fee proposal is separated into tasks as provided in the October 2019 proposal provided to the City of Renton. Because this project is projected to take approximately 20 months to complete, we propose a rate escalation of 5 percent at the midpoint of the project, which is applied to Tasks 3, 5, 6, and 7. We propose to perform this work on a time-and-materials basis for a maximum fee of $341,400 (Three Hundred Forty-One Thousand Four Hundred Dollars). We look forward to the opportunity to assist the City of Renton in its engineering needs. Sincerely, Scott Branlund, PE, SE Senior Project Manager CSB:GDN:nb Attachments Attachment A – WSP Fee Proposal Attachment B – WSP Proposal October 2019 Coulon Beach Park Trestle Bridge Replacement - Exhibit A AGENDA ITEM #6. i) ATTACHMENT A - FEE PROPOSAL FOR ASSESSMENT SERVICES Location: Renton, Washington Facility: City of Renton Gene Coulon Beach Park - Timber Trestle Replacement Fee Estimate - WSP Labor, Subconsultants, and Expenses - 20 November 2019 Senior QA/QC Manager/ Design Senior Landscape Senior Env. Env. Senior Project Comm. Project Manager Project Engineer Landscape Designer Env. Scientist Planner CAD Coordinator Specialist Manager Engineer Architect Scientist Operator 2020 Rate $280 $226 $143 $123 $153 $153 $170 $114 $113 $133 $105 $114 Item * 2021 Rate $294 $238 $151 $130 $161 $161 $179 $120 $119 $140 $111 $120 Costs Task 1 - Project Management/Coordination 56,015$ 1.1 - Project Management and Coordination 2 24 8 24 20 4 13,356$ 1.2 - Quality Assurance/Quality Control 8 48 30 16 8 8 21,730$ 1.3 - Project Meetings 2 24 8 8 4 8 7,684$ 1.4 - Work Product Review Meetings 2 2 32 16 4 16 10,540$ 1.5 - Project Scheduling 2 12 2,276$ 1.6 - Public Meetings (Optional Task)3 429$ Task 2 - Design Development 93,020$ 2.1 - Bridge Design Options 2 16 16 44 13,356$ 2.2 - Geotechnical Investigation 4 572$ 2.3 - Site Survey 4 572$ 2.4 - Site Inspection and Assessment of the existing Rosewall Timber Bulkhead 4 48 12 2 12 11,158$ 2.5 - 30 percent Design Development 2 8 24 24 16 24 24 2 18,274$ 2.6 - 60 percent Design Development 6 8 32 48 24 32 40 2 4 28,522$ 2.7 - 90 Percent Design Development 4 8 24 32 12 16 40 2 4 20,566$ *Task 3 - 100 Percent Construction/Bidding Documents 13,978$ 3.0 - 100 Percent Construction/Bidding Documents 2 4 24 16 16 16 8 2 2 13,978$ Task 4 - Permitting and Regulatory Agency 67,186$ 4.1 - USACE Permitting 2 4 28 64 16 16 16 18,948$ 4.2 - ESA Consultation 2 14 72 10 16 14,102$ 4.3 - HPA 2 4 7 16 4,146$ 4.4 - Shoreline/SEPA Exemption 2 4 19 38 8 8 12 12,030$ 4.5 - Land Use Permit 2 14 36 10 8,184$ 4.6 - Critical Areas Exemption 2 2 24 10 4,776$ 4.7 - USCG Bridge Permit 2 4 8 16 6 5,000$ * Task 5 - Bidding and Contract Support 5,014$ 5.1 - Conformed Documents 4 4 1 2 8 2 3,605$ 5.2 - RFI and Question Response 4 1 4 1,409$ 1 of 2 AGENDA ITEM #6. i) ATTACHMENT A - FEE PROPOSAL FOR ASSESSMENT SERVICES Location: Renton, Washington Facility: City of Renton Gene Coulon Beach Park - Timber Trestle Replacement Fee Estimate - WSP Labor, Subconsultants, and Expenses - 20 November 2019 Senior QA/QC Manager/ Design Senior Landscape Senior Env. Env. Senior Project Comm. Project Manager Project Engineer Landscape Designer Env. Scientist Planner CAD Coordinator Specialist Manager Engineer Architect Scientist Operator 2020 Rate $280 $226 $143 $123 $153 $153 $170 $114 $113 $133 $105 $114 Item * 2021 Rate $294 $238 $151 $130 $161 $161 $179 $120 $119 $140 $111 $120 Costs * Task 6 - Construction Administration Services 23,244$ 6.1 - Construction Meetings (4 total)2 16 16 5,580$ 6.2 - Submittal/Shop Drawings Reviews (Assume 18 submitals total)2 24 8 5,500$ 6.3 - Contractor RFIs (assume 16 RFI's total)16 4 3,060$ 6.3 - Change Orders (Assume 1 change order total)4 2 926$ 6.4 - Site Visits (a total of 8 site visits)2 16 18 4 6,382$ 6.5 - Pay Requests and other Documentation 2 8 1,796$ * Task 7 - Project Closeout 5,739$ 7.0 - Project Closeout 4 16 1 4 8 2 5,739$ Total WSP Hours:64 120 393 128 199 142 100 290 34 172 42 100 1,720 Subtotal WSP Labor (with Overhead & Profit):$18,172 $27,168 $57,255 $15,856 $30,983 $21,934 $17,000 $33,060 $3,842 $23,044 $4,446 $11,436 $264,196 Sub-Consultants PanGeo Inc $54,597 Sitts & Hill Engineering Inc. $7,230 Cross Engineering $15,000 Subtotal Subconsultants: $76,827 Expenses (WSP only) Mileage = 0.580$ per mile x 40 miles x 15 (trips) day(s) = $348 Subtotal Expenses: $348 TOTAL COST, ROUNDED: Say: $341,400 2 of 2 AGENDA ITEM #6. i) Proposal to Provide Professional Engineering Services for the Gene Coulon Memorial Beach Park Trestle Bridge Replacement Prepared for City of Renton Renton, Washington Prepared by WSP USA 201907846 October 2019 Proposal AGENDA ITEM #6. i) Request for Proposal City of Renton Gene Coulon Memorial Beach Park Trestle Bridge Replacement Engineering Services Submitted to Alan J. Wyatt, Capital Project Manager Parks Planning and Natural Resources Community Services City of Renton 1055 South Grady Way Renton, WA 98057 October 28, 2019 Submitted by WSP USA 33301 Ninth Avenue South, Suite 300 Federal Way, Washington 98003-2600 Proposal No. 201907846 AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page ii of ii REQUEST FOR PROPOSAL CITY OF RENTON GENE COULON MEMORIAL BEACH PARK TRESTLE BRIDGE REPLACEMENT ENGINEERING SERVICES TABLE OF CONTENTS SECTION PAGE INTRODUCTION ....................................................................................................................... 1 PROJECT APPROACH ............................................................................................................. 1 KEY PERSONNEL .................................................................................................................... 4 PROJECT SCHEDULE ............................................................................................................. 7 SCOPE OF SERVICES ............................................................................................................. 8 Task 1: Project Management ....................................................................................... 8 Task 2: Design Development ....................................................................................... 9 Task 3: 100 Percent Construction/Bidding Documents ............................................13 Task 4: Permitting and Regulatory Agency Approval ...............................................13 Task 5: Bidding and Contract Support ......................................................................15 Task 6: Construction Administration Services..........................................................15 Task 7: Project Closeout .............................................................................................17 Attachment Site Photo AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 1 of 18 INTRODUCTION We at WSP USA are pleased to have the opportunity to provide the City of Renton with the following proposal for the replacement of the trestle bridge at Gene Coulon Memorial Beach Park. This project will consist of removal and replacement of the existing timber trestle bridge and piles with a new single-span, steel bridge with grated decking, conforming to the Americans with Disabilities Act. PROJECT APPROACH Based on our review of the existing bridge condition assessment and our site visit on August 20, 2019, in our opinion, the existing timber abutments will not be adequate for the required demands from a new single-span pedestrian bridge. Instead, a new pile-supported concrete abutment installed at each end will be required. This proposed approach will accelerate construction and minimize disturbance to the environment. The new abutments will also retain and stabilize the shoreline for the existing pathway. We will look at different design styles and finish treatment options for the bridge face, railings, and deck surface. Safety considerations will be reflected in the design for user protection and public welfare. The goals of this design alternatives study will be to reflect the park’s character, enhance and/or blend with the natural environment, provide captivating visual aesthetics, and incorporate materials with a long service life. Our intent will be to create a design that is future-ready that can be implemented for upcoming bridge improvement projects. The single-span steel bridge and abutments will be designed to accommodate vehicles as outlined in the request for proposal (RFP). Additionally during the geotechnical investigation, WSP and PanGeo will conduct a site inspection and assessment of the existing rosewall timber bulkhead south of the timber trestle bridge. Public access will not be maintained during construction in the immediate area of the existing timber trestle and contractor laydown area. Every effort will be made to minimize the temporary construction impacts to the parking area adjacent to the south area of the timber trestle. This may be accomplished by placing the contractor laydown area as sketched on the site photo (attached). Areas outside of the construction zone and contractor laydown area will be open for the public use. Areas disturbed by construction activities will be restored by the contractor prior to substantial completion. It is assumed that the City currently has the right-of-way required to construct the project and accommodate access for construction activities without acquiring easements from property owners adjacent to the park. Meetings for the project kickoff, review of major deliverables, and specific City requests will be attended by key members of the WSP team. Included will be work product review meetings to receive comments following the City’s review of the bridge design options and 30, 60, and 90 percent design development documents. Project meetings will be held every other week via teleconference through the design phase of the project. City personnel will be invited to attend these project meetings. Not all WSP team members will attend each meeting; however, project management and members requiring coordination will attend, depending on the stage of design. WSP will provide environmental permitting support to the City to help obtain permits to complete the project. The following table summarizes the permits that will likely be required to complete the project. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 2 of 18 Permit Agency Permit Documentation Schedule Section 10 - Nationwide 3 Permit (NWP 3): Maintenance and Repair U.S. Army Corps of Engineers (USACE) Joint Aquatic Resource Permit Application (JARPA) form and required graphics 6 to 8 months 401 Water Quality Certification – (programmatic, included under NWP 3) Washington State Department of Ecology (Ecology) Hydraulic Project Approval Washington Department of Fish and Wildlife Online application (information from JARPA used to complete) Endangered Species Act (ESA) –Programmatic Consultation U.S. Fish and Wildlife Service National Oceanic and Atmospheric Association Abbreviated Biological Evaluation State Environmental Policy Act (SEPA) and Shoreline Exemption City of Renton City Application - Shoreline and SEPA Exemption Request Lake Study for Shoreline Exemption Critical Areas Exemption City of Renton City application Land Use Permit City of Renton Land Use Permit Master Application United State Coast Guard (USCG) Bridge Permit USCG Permit Application The schedule shown in the table above is based upon acceptance by the agencies of a maintenance and repair permit, and that the City currently owns the right-of-way required to provide temporary access for construction. Our assumptions for permitting support are as follows.  The current bridge was previously authorized by USACE, and the proposed work can be authorized by NWP 3: Maintenance and Repair.  The existing pedestrian bridge is not a registered historic building, and the project will not require coordination with the Washington State Department of Archaeology and Historic Preservation; therefore, a cultural resources study will not be required.  An abbreviated biological evaluation will be sufficient for ESA consultation for this project.  The City will grant an exemption for SEPA, Shorelines and Critical Areas.  A Lake Study in accordance with the Renton Municipal Code (RMC) Section 4-8-120 will be sufficient documentation in order to obtain an exemption from a shoreline substantial development permit under the City’s Shoreline Management Program (SMP).  The Land Use Permit Application will be sufficient documentation to acquire the Land Use Permit and a narrative will not be required. WSP will coordinate with the City of Renton during the application process.  Compensatory mitigation will not be required. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 3 of 18  The preliminary project design (30 percent) will be complete before permit applications can be completed.  A water quality monitoring plan (WQMP) will not be required by Ecology for the 401 Water Quality Certification.  Federal funds are not used for this project. Team member, PanGeo, will perform geotechnical engineering services. This work will require a geotechnical investigation/evaluation, including review of available geologic data, site visit, and subsurface exploration to a depth of 40 to 60 feet to detect potentially liquefiable soil layers and identify suitable soil strata for pile support of the abutments. Based upon the findings, a geotechnical report will be generated that includes a site plan indicating the approximate location of existing subsurface explorations, description of the surface and subsurface conditions, seismic design parameters per AASHTO, and foundation design recommendations. Team member, Sitts & Hill Engineers, Inc., will perform a site survey. This work will identify extents of the existing timber trestles, existing timber abutments, existing utilities, and approach grading. The design and layout of the site survey will be important for development of drawings for the JARPA, showing ordinary high water and that the bridge replacement will stay within the footprint of the existing timber trestle. Team member, Cross Engineers, will provide electrical design as required, as well as support for related electrical construction documents. WSP will develop three separate bridge options to fit in with the existing structures at the park. We will provide plans, sections, and 3-D illustrations for each option that clearly display the proposed design intent and character. Once a bridge option has been selected by the City of Renton, and the preliminary geotechnical information and the site survey are available, WSP will develop design documents for the 30, 60, 90, and 100 percent construction/bid design phases. The 30 percent design drawings will be the basis for JARPA figures for the permit application. During the bid phase, the WSP team will assist the City by attending the prebid conference, responding to bidder inquiries, supporting bid evaluation, and contributing to addenda that the City may issue. Upon completion of the bid phase, the WSP team will prepare a conformed set of construction documents with all addenda incorporated. Construction services provided by the WSP team will allow continuity of the design team through the construction process. Services to be provided by the WSP team during construction will include shop drawing review, submittal review, responses to the contractor’s requests for information (RFIs), and contractor pay request review. Services will also include site visits, attendance at project meetings (preconstruction and progress), and preparation of record drawings. WSP will provide project management and coordination during design. These services will include budget management, invoicing, progress documentation, tracking and overseeing the project current status, and addressing unresolved issues. Invoices will be prepared in conformance with the billing rates and classifications approved in the contract. Invoices for time- AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 4 of 18 and-materials work will include an attached breakdown of actual hours, identifying staff and classification by task and direct non-labor costs and other information as detailed in the contract. WSP will maintain the project files, including test results, engineering computations, conditions assumptions, working drawings, meeting minutes, correspondence, memos, and transmittals. Compiling the project files will be an ongoing task, commencing upon receipt of the notice to proceed, incorporating documents as they are generated, and continuing through the end of the contract. KEY PERSONNEL We have assembled a cohesive team of highly qualified professionals who have the expertise required to perform all aspects associated with this project. The WSP team will provide the City with a level of experience specific to the City’s needs. Included in the WSP team is local expertise in geotechnical engineering (PanGeo), surveying services (Sitts & Hill Engineering Inc.), and electrical engineering (Cross Engineers). Our team’s project executive will be Scott Branlund, who has a long track record of supporting projects for a variety of clients. Scott will be the structural designer of record. Garth Nelson will be the project manager and will be your primary contact throughout the contract. Garth will coordinate the WSP team and activities of the subconsultants. Greg Banks will serve as the quality assurance/quality control (QA/QC) manager for the project. Key staff roles are shown in the organizational chart below. Biographies for each individual immediately follows. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 5 of 18 Scott Branlund, PE, SE | Project Executive – WSP USA Scott Branlund has 45 years of experience in QA/QC, project management, and structural engineering design. This extensive experience covers the design, inspection, evaluation, repair, rehabilitation, and upgrade of marine waterfront, bridge, railway, and industrial projects, both domestically and internationally. He has been involved with many projects from initial inspection and assessment through design of repairs, rehabilitation, and replacement, followed by construction support. Greg Banks, PE, SE | Quality Assurance/Quality Control Manager Greg Banks has 15 years of experience providing bridge structural engineering design, QA/QC, and construction support. He has served as a project engineer on numerous bridge projects and has a strong background in roadway geometrics, structural mechanics, segmental bridge construction, seismic design and analysis of bridge structures, and bridge load rating. He is a good communicator and coordinates well with other disciplines working on a project. Greg’s experience includes QA/QC of 15 bridge designs for the City of Seattle, and the design of drilled shafts; driven piles; spread footings; cast-in-place and precast concrete columns and crossbeams; steel plate girders; precast concrete girders; cast-in-place, post-tensioned box girders; and full-depth, precast deck panels. Greg understands bridge construction and has provided construction support services on numerous projects, including field design coordinator on a large design-build contract. Garth Nelson, PE | Project Manager – WSP USA Garth Nelson has 11 years of experience in structural engineering, including project management, structural engineering design, inspection, evaluation, repair/rehabilitation, and construction support for marine/waterfront facilities and bridges. He has been involved in the design of the State Route 520 floating bridge, Leudinghaus Bridge replacement, Boeing North Bridge Replacement, and the Percival Landing Major Rehabilitation – Phase 1, which included development of foundations for a prefabricated steel bridge. Vern Nielsen, PE | Civil Engineer – WSP USA Vern Nielsen has 28 years of experience with civil engineering for public works and government facilities. His civil engineering expertise includes designing for roadways, bridges, parking lots, transit facilities, water mains, gravity sanitary and process sewer systems, stormwater drainage systems, vacuum sewer systems, and pressure sewer lines. His structural expertise includes the design of steel, concrete, timber, and masonry structures. Vern is experienced in using several engineering software packages, including StormSHED (Waterworks), Celestial Software Images-3D, Haestad Flowmaster I, 3EB for Concrete Pipe Design, and self-written Mathcad worksheets. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 6 of 18 Paul Grant, PE | Geotechnical Engineer – PanGeo Paul Grant has extensive experience in providing recommendations for the design of over 200 transportation projects owned by city, county, state, or federal agencies. On a state and national level, he has participated on committees developing earthquake criteria for the design of new structures or the rehabilitation of existing facilities. He has successfully managed geotechnical studies in on-call contracts for the Washington State Department of Transportation and King County Roads Services, as well as project-specific roadway contracts for various city, county, state, and federal agencies. He has participated in various value engineering studies and constructability reviews for public sector clients resulting in construction cost savings in excess of several million dollars and understands how to minimize costs. Mike McEvilly, PLS | Surveyor – Sitts & Hill Engineering Inc. Mike McEvilly has 19 years of experience in professional land surveying and is the principle director of surveying for Sitts & Hill. This experience includes topographic mapping, boundary and ALTA/ACSM Land Title Surveys, and construction surveying often enables him to suggest alternative and innovative ways in which to accomplish field surveying, calculations, or professional land surveying assignments. Mike has survey experience for a multitude of projects located in the Pierce, King, Kitsap, and Thurston County areas, including a number of projects with WSP. Drawing on his extensive experience in hands-on project work, resources, and time management, he effectively oversees scheduling, practices, and procedures of field and office personnel. Gene Wentworth, PE | Electrical Engineer – Cross Engineers Gene Wentworth has over 30 years of experience with electrical engineering for public works. His extensive electrical engineering experience includes power, lighting (large and pedestrian scale), communications assessments, planning, cost estimating, and design for various types of sensitive environments, sustainable, and culturally orientated projects. Gene’s experience includes the City of Olympia’s Percival Landing, which included overall site power, site lighting, and boardwalk lighting; and City of Tacoma’s Point Defiance Park Pagoda Restoration, which included electrical assessment/design services for the restoration and upgrades of lighting and power. Dan Wojtala, PLA, LEED AP, ENV SP | Landscape Architect – WSP USA Dan Wojtala is a design and management professional with 33 years of extensive experience collaborating with a broad range of design professionals and owners for many different project types. His experience includes site master planning, park and recreation planning and design, sports fields and trail development, urban design, and transit projects, for a diverse cross section of clients in the municipal, institutional, industrial, military, and commercial sectors. During his career, Dan has worked on over 50 park, recreation, and school-related projects. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 7 of 18 Grace Roberts | Environmental Permitting Specialist – WSP USA Grace Roberts has four years of experience in field sampling, critical habitat assessments, and providing deliverables for environmental permits. Her experience includes conducting acoustic surveys of marine and lacustrine habitat, using remotely operated vehicles for inspecting underwater structures and identifying fish, tagging fish for telemetry studies, delineating wetlands, and providing mitigation plans for various projects in the private sector. Grace specializes in conducting habitat assessments both above and underwater, as she has extensive experience conducting SCUBA surveys of fish and aquatic plants. She has a strong background in technical writing, ESA consultations, and National Environmental Policy Act reviews. Grace has performed fieldwork and provided deliverables for construction projects occurring in sensitive wetland and marine areas. Grace is a member of the WSP maritime group dive team. PROJECT SCHEDULE The WSP team has laid out a preliminary schedule for the project completion that meets the City’s scope of work as outlined in the RFP. Based on our experience, this schedule is achievable for a project of this size and scope, with the assumption that it will be permitted under a NWP 3 permit (six to eight months). If the agencies determine that this project does not qualify for a NWP 3 permit, Task 6 would likely be extended to 12 to 18 months in duration. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 8 of 18 SCOPE OF SERVICES TASK 1: PROJECT MANAGEMENT Task 1.1: Project Management and Coordination WSP will manage and oversee team services for the project and coordination of the project team and subconsultants, including budget control, invoicing, progress documentation, tracking and overseeing current project status, and addressing unresolved issues. Invoices will be prepared in conformance with the billing rates and classifications approved in the contract. Invoices for time-and-materials work will include an attached breakdown of actual hours, identifying staff and classification by task and direct non-labor costs and other information detailed in the contract. Included on all invoices will be amount invoiced to date, period invoice, balance remaining on the invoice, and description of services invoiced. WSP will maintain project files that include test results, engineering computations, conditions, assumptions, working drawings, meeting minutes, correspondence, memos, and transmittals. Compiling the project files will be an ongoing task, commencing upon receipt of the notice to proceed, incorporating documents as they are generated, and continuing through the end of the contract term. Project files will be available for review by the City at the WSP office in Federal Way. Deliverables  Monthly billing invoices  Monthly updated schedules Task 1.2: Quality Assurance/Quality Control WSP will prepare a project-specific quality assurance (QA) plan and will perform quality control (QC) reviews of all deliverables noted in this proposal. QA/QC will be prepared and performed according to the WSP’s established QA/QC protocol. Assumptions  Subconsultants will perform QC reviews of their deliverables prior to transmitting to WSP Deliverables  QA/QC documentation will be maintained in the WSP’s project files and will be available for review by the City Task 1.3: Project Meetings The WSP team will meet via teleconference every other week through the design period. It is anticipated that a minimum of seven meetings will occur over 14 weeks of design (through the 90 percent submittal). City and agency review periods added to this design duration will establish the design schedule. We assume teleconferences will be approximately 1 hour in duration with attendance by City personnel via a conference call. The WSP project manager will attend each meeting, with other staff and team members in attendance as needed for the work. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 9 of 18 Assumptions  Design phase (14 weeks) with a minimum of seven design team coordination meetings Deliverables  Meeting agendas and minutes Task 1.4: Work Product Review Meetings Key WSP team members will attend up to four meetings to receive review comments for major deliverables listed. It is anticipated that not all deliverables will require a work product review meeting; some work product reviews will be received via printed comments. Assumptions  Meetings will be held to receive review comments followings the City’s review of the 30, 60, 90, and 100 percent construction/bidding documents.  Environmental permitting staff and the project manager will meet with the City in one project review meeting and two phone meetings to discuss project details as they relate to environmental permits. Deliverables  Comment resolution forms for comments received at each work product review meeting.  All documents will be in electronic format. Task 1.5: Project Scheduling WSP will prepare an overall project design-phase schedule. The schedule will include design- phase elements, environmental permitting elements, the advertisement period, and the construction period. The schedule will be updated on a regular basis to accommodate any changes made to the project time lines. Deliverables  Monthly project schedule in PDF format and Microsoft Project as requested by the City. Task 1.6: Public Meetings (Optional Task) WSP’s project manager will prepare for and attend up to three public meetings of the City’s choosing. Assumptions  The City will prepare meeting materials.  Preparation time by the WSP project manager will be limited to 1 hour per meeting. Deliverables  None TASK 2: DESIGN DEVELOPMENT WSP will advance the timber trestle replacement design with pile-supported concrete abutments and a bridge to 100 percent construction/bidding documents as part of the design phase. Construction contract documents will consist of plans, technical specifications, and estimate of AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 10 of 18 probable construction cost. In addition, WSP team will produce 30, 60, and 90 percent submittals. Deliverables The 100 percent construction/bidding documents will include  Bridge design options  Letter report for the site inspection and assessment of the existing rosewall timber bulkhead  Geotechnical data sheet  Survey drawings  Existing conditions/demolition plans  Landscape architectural plans  Civil plans  Structural plans  Utility protection and/or relocation plans  Revegetation of areas disturbed by construction access and activity Task 2.1: Bridge Design Options The WSP team will look at different design styles and finish treatment options for the bridge face, railings, and deck surface. Included in the design will be safety considerations for user protection. Three separate bridge options will be developed to blend aesthetically with the existing structures at the park, with the intent that the design will be future-ready and can be implemented for future bridge improvement projects at the park. Provided to the City will be, plans, sections, and 3-D illustrations for each option to clearly display the proposed design intent and character, including side viewing area. Deliverables  Plans, Sections, and 3-D illustrations for each of the three design options. Task 2.2: Geotechnical Investigation Our geotechnical engineer will research and review any existing geotechnical information for the project area, available published literature, and other sources as necessary to become familiar with local geology. A site visit will be performed to observe surface conditions and available access conditions. During the site visit, geologic conditions visible at the ground surface will be documented. One geotechnical boring will be conducted at the south abutment with a track-mounted, hollow stem auger drill. This boring will be advanced to a depth of 40 to 60 feet below the ground surface to confirm the location and composition of the materials underlying the site. Because of access constraints for the north abutment, a hand portable auger may be required for drilling. All borings will be sampled at 2.5-foot intervals. Samples for the borings will be field classified by an engineering geologist. Select samples from the borings will be submitted for laboratory testing for their strength and index properties. The geotechnical engineer will develop design parameters for the piles, including ultimate skin friction and ending bearing, as well as p-y (lateral load) parameters for static and seismic conditions. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 11 of 18 Based upon the geotechnical exploration, an engineering report will be prepared containing the following.  A site plan indicating the approximate location of existing subsurface explorations and new boring(s) at the bridge abutments.  Description of surface and subsurface conditions at the site, including summary boring logs.  Seismic design parameters per AASHTO or design documents as specified.  Foundation design recommendations, including skin friction and tip resistance for the pile foundations. Assumptions  WSP team will call for utility locate services prior to geotechnical drilling.  Evaluation of chemical properties of soil and groundwater, or the potential presence of wetland on site, will not be included unless requested by the City. Deliverables  Draft geotechnical report for review by the City, and a final geotechnical report to be included with the 100 percent construction/bidding documents. Task 2.3: Site Survey The surveyor will review available existing drawings and utility plans for the project location, including the rosewall bulkhead. A site survey will be performed to locate the existing alignment and elevations of the trail and bridge, footprint of the existing timber trestle bridge and timber abutments, natural features, observable utilities, and existing shore protection. Deliverables  Site survey plan of the existing conditions and a AutoCAD civil 3-D drawing Task 2.4: Site Inspection and Assessment of the Existing Rosewall Timber Bulkhead During Task 2.2, the geotechnical engineer and WSP engineer will perform a site inspection of the existing rosewall timber bulkhead. The condition assessment and estimated serviceable life will be completed in accordance with the ASCE Manuals and Reports on Engineering Practice No. 130, “Waterfront Facilities Inspection and Assessment.” One boring to a depth of 20 feet below the ground surface will be made confirm the location and composition of the materials underlying the site. Samples from the boring will be field classified by the site engineering geologist. Select samples from the boring will be submitted for laboratory testing for their strength and index properties. The geotechnical engineer will develop design recommendations for the bulkhead. Based upon the condition assessment and geotechnical exploration, the WSP engineer and geotechnical engineer will prepare an engineering letter report containing the following. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 12 of 18  Condition assessment of the existing rosewall timber bulkhead, including estimated useful life.  A site plan indicating the approximate location of subsurface explorations and new boring along the bulkhead.  Description of surface and subsurface conditions at the site, including summary boring logs.  Seismic design recommendations per AASHTO or design documents as specified.  Design recommendations for development of a replacement bulkhead. Assumptions  WSP team will call for utility location services prior to geotechnical drilling.  Evaluation of chemical properties of soil and groundwater, or the potential presence of wetland on site, will not be included unless requested by the City. Deliverables  Draft letter report for the condition assessment and design recommendations for replacement of rosewall bulkhead.  Final letter report for the condition assessment and design recommendations for replacement of the rosewall bulkhead. Task 2.5: 30 Percent Design Development The WSP team will develop preliminary construction documents to the 30 percent design stage. The 30 percent documents will be submitted to the City for review and comment, and to assist in the permit process. Review documents will consist of drawings, a specification outline, preliminary engineering construction cost estimate, preliminary project schedule, and a draft geotechnical report. Assumptions  The 30 percent design of the pile foundation will be based upon a draft geotechnical report. Depending on changes between the draft and final geotechnical reports, the pile foundations might vary in final design.  Team members will attend the pre-application meeting as required. Deliverables  The 30 percent design documents will be provided to the City in electronic PDF format, drawings in AutoCAD, specification in Microsoft Word, and an updated project schedule in Microsoft Project format. Task 2.6: 60 Percent Design Development The WSP team will develop construction documents to the 60 percent design stage. The 60 percent documents will consist of plans, specifications, a construction cost estimate, an updated project schedule, and final geotechnical report. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 13 of 18 Deliverables  The 60 percent design documents will be provided to the City in electronic PDF format, including an updated project schedule in Microsoft Project format Task 2.7: 90 Percent Design Development WSP team will develop construction documents to the 90 percent design stage. The 90 percent documents will consist of plans, specifications, bid item list, engineering cost estimate, and an updated project schedule. Deliverables  The 90 percent design documents will be provided to the City in electronic PDF format, drawings in AutoCAD, specification in Microsoft Word, and a updated project schedule in Microsoft Project format. TASK 3: 100 PERCENT CONSTRUCTION/BIDDING DOCUMENTS WSP team will develop construction documents to the 100 percent design stage. The 100 percent documents will consist of plans, specifications, bid item list, construction cost estimate, and an estimated project schedule. The 100 percent documents will be sealed as appropriate for jurisdictional engineering review. Assumptions  The 100 percent sealed design documents, final and ready for bid  There will be no revisions to the documents after submittal of 100 percent construction/bidding documents and prior to bidding. Deliverables  The 100 percent sealed design documents will be provided to the City via electronic submittal  The 100 percent sealed design documents in half-size paper copies; quantities sufficient for submittal to the City for building permit submittal  Drawings in AutoCAD format, and specifications in Microsoft Word  Construction cost estimate  Project schedule in Microsoft Project format  Structural calculations  Final geotechnical report TASK 4: PERMITTING AND REGULATORY AGENCY APPROVAL WSP will provide environmental permitting support to obtain the necessary environmental permits to complete this project. Included is a pre-application meeting to introduce the agencies to the project, and discuss potential permitting requirement. The following table summarizes the permits that will likely be required to complete the project. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 14 of 18 Permit Agency Permit Documentation Schedule Section 10 - Nationwide 3 Permit (NWP 3) – Maintenance and Repair U.S. Army Corps of Engineers (USACE) JARPA form and required graphics 6 to 8 months 401 Water Quality Certification – (programmatic, included under NWP 3) Washington State Department of Ecology (Ecology) Hydraulic Project Approval (HPA) Washington Department of Fish and Wildlife (WDFW) Online Application (information from JARPA used to complete) Endangered Species Act (ESA) –Programmatic Consultation U.S. Fish and Wildlife Services; National Oceanic and Atmospheric Association (NOAA) Abbreviated Biological Evaluation SEPA and Shoreline Exemption City of Renton City Application - Shoreline and SEPA Exemption Request Lake Study for Shoreline Exemption Critical Areas Exemption City of Renton City Application Land Use Permit City of Renton Land Use Permit Master Application United State Coast Guard (USCG) Bridge Permit USCG Permit Application Assumptions  The City will grant an exemption for SEPA, Shorelines and Critical Areas.  The USCG will approve the bridge maintenance work as the bridge is located within navigable waterways that fall under USCG jurisdiction.  A Lake Study in accordance with RMC Section 4-8-120 will be sufficient documentation in order to obtain an exemption from a shoreline substantial development permit under the City’s SMP.  The current bridge was previously authorized by the USACE, and the proposed work can be authorized by NWP 3: Maintenance and Repair.  A cultural resources study will not be required.  The existing timber trestle is not a registered historic building, and the project will not require coordination with the Washington State Department of Archaeology and Historic Preservation.  Compensatory mitigation will not be required.  An abbreviated biological evaluation will be sufficient for ESA consultation for this project.  Permit fees associated with the online HPA ($150) will be included in the task fees to streamline the application process. All other permit fees will be paid directly by the City. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 15 of 18  One site visit will be required to establish the ordinary high water mark.  WSP will meet with the City up to three times, one project review meeting and two phone meetings, to discuss the project details and permit requirements.  WSP will attend the preapplication meeting in person.  WSP will discuss the project with the agencies up to four times prior to submittal, which includes the preapplication meeting. All of these meetings are assumed to be phone meetings, and the City will participate in these meetings.  The City will require one round of review of the permit applications prior to submittal to the regulatory agencies.  A WQMP will not be required by Ecology for the 401 Water Quality Certification. Deliverables  Draft permit documents submitted to the City in electronic format (Microsoft Word and PDF), meeting the City of Renton Standards.  Final permit documents submitted to the City and regulatory agencies in electronic format for the City and hard copies sent to the agencies.  The HPA permit will be submitted via the online application.  Federal funds are not used for this project. TASK 5: BIDDING AND CONTRACT SUPPORT During the bid phase of the project, WSP team will assist the City by responding to bidder inquiries and contributing to addenda that the City may issue. WSP assumes that assistance during bidding will require minor effort on the part of the WSP team. Preparation of a conformed set of construction documents or an “issued for construction” set of documents will be included in this scope of services. Assumptions  Level of effort for bidding will be limited in the questions and responses to the contractors. Deliverables  Response to bidder inquires and assistance with preparation of addenda as required.  Preparation and submittal of an “issued for construction” set of documents with incorporation of all addenda that may be issued. The “issued for construction” set of documents will be submitted to the City in electronic PDF format. TASK 6: CONSTRUCTION ADMINISTRATION SERVICES Administration services provided during construction allow for continuity of the design team through the construction process. Services to be provided by the WSP team during construction will include shop drawing review, submittal review, and responses to the contractor’s RFIs. Services will also include site visits and attendance at project meetings. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 16 of 18 Task 6.1: Construction Meetings During the construction phase of the project, the WSP team will assist the City by attending construction meetings, which include preconstruction meeting, three progress meetings, and a punch list meeting. Assumptions  The total number of meetings will not exceed what is described above Deliverables  None Task 6.2: Submittal/Shop Drawing Reviews The WSP team will review contractor submittals/shop drawings. WSP will handle all submittals/shop drawings directed to the design team from the City construction management staff. WSP will direct submittals/shop drawings to subconsultants for primary review as appropriate, in which case WSP will be a secondary reviewer. Deliverables  Submittal/shop drawing response in electronic PDF format. Task 6.3: Contractor RFIs The WSP team will review and respond to contractor RFIs. The team will handle RFIs directed to the design team from the City construction management staff. WSP will direct RFIs to subconsultants for primary review as appropriate, in which case WSP will be a secondary reviewer. Deliverables  RFI responses in electronic PDF format Task 6.3: Change Orders The WSP will respond to the contractor’s request for change orders. The team will handle change orders directed to the design team from the City construction management staff. WSP will direct change orders to subconsultants for primary review as appropriate, in which case WSP will be a secondary reviewer. Deliverables  Change order responses in electronic PDF format Task 6.4: Site Visits The WSP team will visit the site to perform civil, structural, and related observations; review construction; and provide assistance when requested by the City construction management staff. The level of effort for geotechnical observations during construction will be to observe the installation and driving of two piles during construction, and verify that the required design capacity will be met. Deliverables  Site visit reports in electronic PDF format AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 17 of 18  Geotechnical site visit report in electronic PDF format Task 6.5: Pay Requests and Other Documentation WSP will review and provide comments for contractor pay requests and other documentation provided to WSP from the City construction management staff. Assumptions  Final acceptance of pay requests from the contractor will be assessed by the City, and WSP’s comments will only provide assessment on the level of completion Deliverables  Pay request and other documentation comments provided to the City in electronic format TASK 7: PROJECT CLOSEOUT The WSP team will prepare as-built drawings based on contractor “redline” drawings (marked- up construction drawings). WSP will not provide record or as-constructed drawings. WSP will update the design AutoCAD files based on information received from the contractor in the form of marked-up construction drawings. WSP will provide PDF electronic copies and AutoCAD drawings for the City for creation of a record document set. AGENDA ITEM #6. i) Gene Coulon Memorial Beach Park Trestle Bridge WSP USA, 201907846 Replacement Engineering Services October 28, 2019 City of Renton, Washington Page 18 of 18 Assumptions  Contractor-provided marked-up construction drawings will be the only source of information from which to update the project AutoCAD files.  Field visits to confirm the contractor’s provided information will not be required. Deliverables  Updated project drawings submitted to the City in electronic PDF format.  Updated AutoCAD files containing the updated drawings submitted to the City in electronic format AGENDA ITEM #6. i) ATTACHMENT SITE PHOTO AGENDA ITEM #6. i) N➤➤N© 2018 Google © 2018 Google © 2018 Google Potential Contractor lay down area Timber Trestle Bridge planned to be replaced AGENDA ITEM #6. i) AB - 2529 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: Professional Services Agreement for Gene Coulon Memorial Beach Park North Waterwalk RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services Department STAFF CONTACT: Alan J. Wyatt, Capital Projects Manager EXT.: 6571 FISCAL IMPACT SUMMARY: The contract amount for Gene Coulon Memorial Beach Park North Waterwalk Improvements design and construction administration support services is $285,783.00. This is a bond funded project. The amount available for this project in the 316 fund is $4,100,000.00. SUMMARY OF ACTION: The Gene Coulon Memorial Beach North Waterwalk Improvements project was identified in the 2019 Parks Bond as a high priority project for major maintenance improvements. Built in the 1980’s, the park structure requires modifications for structural integrity, safety, and to meet requirements of the State Department of Natural Resources Lease Agreement. Improvements to the North Waterwalk include replacement of the existing concrete deck with new steel framing and 60% light penetration decking to match the new deck around Ivar's. All treated timber components, including fascia boards, wave skirts, and bullrails will be replaced with plastic timber. Light poles and handrails will be removed, recoated and replaced. The Pilot House will be cleaned and repainted . The existing picnic floats will receive new fiberglass grating and plastic timber. The picnic float benches and tables will be refurbished with new Alaskan Yellow Cedar. All work will meet Federal, State and Local regulatory requirements as well as requirements formalized in the State Department of Natural Resources lease agreement. Design and engineering services for the North Waterwalk are scheduled to occur in 2020 through mid 2021, with construction anticipated to occur from mid 2021 through mid 2 022. EXHIBITS: A. Issue Paper Coulon Park North Waterwalk Professional Services Agreement B. AGREEMENT_EXHIBIT A_FOR PROFESSIONAL SERVICES_COULON NORTH WATERWALK_Signed STAFF RECOMMENDATION: Authorize the Mayor and the City Clerk to execute the agreement with PND Engineers, Inc. for the Gene Coulon Memorial Beach Park North Waterwalk design and construction administration support services. AGENDA ITEM #6. j) COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: November 25, 2019 TO: Don Persson, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: Kelly Beymer, Community Services Administrator STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director, Ext. 6619 Alan J. Wyatt, Capital Projects Manager, Ext. 6571 SUBJECT: Professional Services Agreement for Gene Coulon Memorial Beach Park North Waterwalk Improvements ISSUE: Should the Council authorize the Mayor and City Clerk to execute a $285,783.00 Professional Services Agreement with PND Engineers, Inc. to provide professional design and construction administration support services for the Gene Coulon Memorial Beach Park North Waterwalk Improvements? RECOMMENDATION: Staff recommends Council authorize the Mayor and City Clerk to execute the Professional Services Agreement with PND Engineers, Inc. to complete the attached scope of services for an amount not to exceed $285,783.00. BACKGROUND: Improvements to the Coulon Park North Waterwalk were identified in the 2019 Parks Bond as a high priority project for major maintenance site improvements. Major improvements for the North Waterwalk include dive assessments of the existing north waterwalk structure, replacing the existing concrete deck panels with new steel framing, and installing new 60% light penetrating fiberglass grating and concrete panels to match the recently completed deck at Ivar’s. All timber components, including fascia boards, wave skirts, and bullrails will be replaced with plastic timber. Light poles and guardrails will be removed, recoated and replaced. The existing Pilot House will be cleaned and repainted. The existing picnic floats will receive new fiberglass grating and plastic timber. The benches and tables will be refurbished with new Alaskan Yellow Cedar. All work will be required to meet Federal, State and Local regulatory requirements, as well as meet the State Department of Natural Resources Lease Agreement requiring the City to remove all treated timber from the lease area. AGENDA ITEM #6. j) Don Persson, Council President Members of the Renton City Council Page 2 of 2 November 25, 2019 Design and construction administration support services to complete the work identified in the Scope of Services is $285,783.00. The bond project is currently funded in the Capital Improvement Project Fund, Fund 316. CONCLUSION: The North Waterwalk Improvements at Gene Coulon Memorial Beach Park are an investment into Renton’s Park system. As the park is over 50 years old, major maintenance improvements to existing structures are required to ensure park safety and accessibility as well as meet lease agreements and regulatory agency requirements. Approval of the consultant agreement with PND Engineers, Inc. moves the City forward in fulfilling the need to maintain quality recreational and park facilities. cc: Denis Law, Mayor Armondo Pavone, Mayor Elect Robert Harrison, Chief Administrative Officer Jan Hawn, Administrative Services Administrator Kari Roller, Fiscal Services Director Sean Hollingsworth, Fiscal Analyst III Shane Moloney, City Attorney AGENDA ITEM #6. j) AGREEMENT FOR PROFESSIONAL SERVICES FOR COULON MEMORIAL BEACH PARK NORTH WATER WALK IMPROVEMENTS THIS AGREEMENT, dated January __, 2020, is by and between the City of Renton (the “City”), a Washington municipal corporation, and PND Engineers, Inc. (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide professional design services and construction administration support for Coulon Memorial Beach Park North Waterwalk Improvements as specified in Exhibit A, dated November 21, 2019, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A, or as mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $285,783.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form AGENDA ITEM #6. j) PAGE 2 OF 10 specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. AGENDA ITEM #6. j) PAGE 3 OF 10 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. AGENDA ITEM #6. j) PAGE 4 OF 10 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Indu strial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant , except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the AGENDA ITEM #6. j) PAGE 5 OF 10 Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of th is indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant , negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. AGENDA ITEM #6. j) PAGE 6 OF 10 D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Pr emises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Alan J. Wyatt, Capital Projects Manager 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6571 CONSULTANT Colin Kuester, PE 1736 Fourth Avenue S. Seattle, WA 98134 Phone: (206) 624-1387 AGENDA ITEM #6. j) PAGE 7 OF 10 awyatt@rentongov.wa Fax: (425) 430-6603 ckuester@pndengineers.com 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. AGENDA ITEM #6. j) PAGE 8 OF 10 D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Alan J. Wyatt. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. AGENDA ITEM #6. j) PAGE 9 OF 10 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this AGENDA ITEM #6. j) AGENDA ITEM #6. j) Engineering Services: Civil Planning Surveying Structural Permitting Hydrology Geotechnical Environmental Transportation Marine Facilities Coastal Engineering Contract Administration Construction Engr. Support Offices: Seattle 1736 Fourth Avenue S Seattle, Washington 98134 Phone: 206.624.1387 Anchorage 1506 West 36th Avenue Anchorage, Alaska 99503 Phone: 907.561.1011 Juneau 9360 Glacier Hwy, Suite 100 Juneau, Alaska 99801 Phone: 907.586.2093 Houston 19500 State Highway 249 Suite 655 Houston, Texas 77070 Phone: 832.930.4830 www.pndengineers.com November 21, 2019 PND No. 19S-116 Leslie Betlach, Director Alan Wyatt, Capital Project Manager Parks Planning & Natural Resources City of Renton 1055 South Grady Way Renton, WA 98057-3232 Subject: Coulon Park North Waterwalk Upgrades Proposal Dear Leslie & Alan: The City of Renton has requested a proposal for design services by PND Engineers, Inc. (PND) for rehabilitation of the North Waterwalk, adjacent to the Ivar’s Deck and North Picnic Pavilion at Gene Coulon Park in Renton. We propose to utilize Harbor Power Engineers to provide electrical design services, Global Diving for dive survey services as required, and GeoEngineers for environmental permitting. PND has established working relationships with all of these firms, having worked together on previous Gene Coulon Park projects. Proposed services include dive assessments, engineering design, preparation of bid documents, and construction administration services to support demolition and reconstruction of the majority of superstructure components. SCOPE OF WORK Task 1 – North Waterwalk Dive Assessment PND will meet with Parks Planning & Natural Resources (PPNR) staff to review known concerns and identify any special conditions at the North Waterwalk. Part of this review will include gathering information from the City on repairs completed from previously conducted assessments, including reports prepared by PND in 2012 and 2017, and 2019 documentation for the Structural Repairs project. After review of information with PPNR staff, PND will modify, if appropriate, the inspection efforts and begin the assessment. The site investigation will be performed to confirm the condition of all steel piles, from cap to mudline, and visible portions of the concrete pile caps. PND will coordinate underwater site investigations with our sub-consultant, Global Diving, to determine conditions of the piles below water. All structural assessments will be performed following the industry-accepted American Society of Civil Engineers (ASCE) manual for Waterfront Facilities Inspection and Assessment (Manual 2015). All structural components will be inspected to the maximum level possible: Pile caps will receive Level I & II assessments and the steel piles will receive Levels I, II & III. These levels are further described below: Coulon Park North Waterwalk Exhibit A AGENDA ITEM #6. j) Page 2 November 21, 2019 Level I Assessment A Level I Assessment includes a visual structural assessment with an associated assessment sheet and a photo log. The structural element is observed in entirety, top to bottom and all sides, looking for signs of damage, or decay. Level II Assessment A Level II Assessment includes a more detailed assessment. The objective is to identify and detect damaged or deteriorated areas that may be hidden by surface bio-fouling, coatings or corrosion. Assessments for this level typically include fewer areas, but are more detailed. This level of assessment typically focuses on areas of weakness, connections, attachment points, welds, or in the splash zone. Level III Assessment A Level III Assessment includes a more detailed assessment. Like a Level II, even fewer areas, typically the areas of most concern, are assessed. This level includes nondestructive or minimally destructive testing to detect hidden damage. Often, Level III Assessments include coating thickness measurements, base material thicknesses and may be conducted utilizing ultrasonic, coring or boring, and physical sampling. For the inspection of the North Waterwalk, only non-destructive ultrasonic thickness measurements will be taken to preserve the piles. Each pile will have Level I and Level II assessments over their entire surface areas, conducted by the dive surveyors. Level III ultrasonic thickness assessments will be performed at four (4) locations along the length of each pile, at the mudline, mid-height of the submerged section, at the waterline, and just below the pile cap. Each location will have three (3) recordings taken around the circumference of the pile. All pile caps will have a Level I and Level II assessments over their entire surface areas, conducted by the dive surveyors, looking for loose/spalled concrete or areas that may have spalling potential or other visible cracks. Level III assessments are not possible on concrete without causing damage that requires significant repairs, and therefore Level II inspections are the highest level of inspection recommended by ASCE. Testing of the existing structure will not cause further destruction or damage. PND will coordinate with Global throughout the inspections, including daily on-site presence, to ensure that all necessary inspections are performed and no members or components are overlooked. Currently, 3 days are estimated to complete this work, with 1 contingency day included in the attached budget estimate. PND will produce a report with recommendations based on Global’s findings. This report, with Global’s factual report attached, will serve as the Task 1 deliverable. At the completion of the pile and cap assessment, the City shall review the provided information and, in coordination with PND, discuss any necessary rehabilitation of the piles or caps. The upgrades proposed are for the purpose of installing new grating, and replacement of members as required to support such new grating. Therefore, design of any pile or cap rehabilitation is beyond the scope of work for this project, but may be negotiated if inspections raise critical concerns. Task 2 – North Waterwalk Engineering & Design AGENDA ITEM #6. j) Page 3 November 21, 2019 PND will provide design and construction support for rehabilitation of the North Waterwalk to replace existing concrete decking with new steel framing and light-penetrating decking. Additionally, all treated timber will be removed from the walers and interior platform/ledge as required by the Aquatic Lands Lease between the City and Washington Department of Natural Resources (DNR). Task 2A – Design PND will assemble construction documents consisting of drawings and specifications to replace the concrete deck at the Waterwalk. Elements to be repaired or replaced consist of: removal of existing concrete deck panels, removal of treated timber, installation of new steel framing and light penetrating fiberglass grating. Light poles and guardrails will be removed, recoated and reinstalled. The platform ledge along the inside of the Waterwalk will be replaced with new steel supports and fiberglass grating. No structural modification or repair is anticipated to be done to the existing pilot house where the superstructure and decking will remain. All design will be in accordance with the current building codes. All steel will be noted to have a durable hot-dip galvanizing coating or multi-coat marine paint system as required to withstand the environmental conditions. PND Engineers shall determine the extent of light penetrating decking required for the North Waterwalk to conform to the Department of Natural Resources (DNR) requirements. Determination shall be based on existing light-penetrating grated decking within the DNR lease area. PND will meet with the City of Renton to discuss their findings of the light penetration grating and to the extents required for the North Waterwalk. The scope of the repairs/extent of light penetrating decking for the North Waterwalk will be reviewed and discussed with the City of Renton. The quantity and extent of grating will be required to be verified to meet the DNR lease agreement. The layout of the grating and concrete panels shall be coordinated with the City to ensure consistency of design with the adjacent new Day Moorage Floats. All timber components, including fascia boards, wave skirts, and bullrails shall be replaced as closely as possible in-kind with plastic timber in a similar manner as to the Ivar’s dock. PND will also work with our sub-consultant, Harbor Power Engineers, to provide an electrical system that is in accordance with current standards and codes. The Waterwalk currently contains electrical service and a planned future fiberoptic system. Both systems will be upgraded as required to ensure code compliance. The City will provide PND with requirements for future electrical power and the required locations to place conduit to meet the City’s needs. In addition to electrical and fiberoptic, fire lines along the Waterwalk will be upgraded and re-supported as required to meet current codes and standards. PND will generate 100% construction documents consisting of drawings, technical specifications, probable cost statements and a calculation package suitable for building department review. Submittal packages will be provided to the City for review at the 30%, 60%, 90%, and 100% stages of design where comments may be generated and incorporated into the subsequent submittal. A drawing is attached to this proposal outlining the work proposed to be designed. Task 2B – Bidding Assistance, Contract Administration Assistance, and Construction Observation AGENDA ITEM #6. j) Page 4 November 21, 2019 After the final design package is accepted by the City, PND will provide the following assistance during bidding and construction for the North Waterwalk Rehabilitation:  Attendance at the pre-bid meeting by PND  Attendance at the pre-construction meeting by PND  Respond to requests for information (RFI’s) or addenda during the bidding & construction phases  Review of technical submittals required by the contract documents for general conformance  Site observation visits as necessary at the steel coating fabrication plant to ensure general conformance with the contract documents, two trips assumed  Biweekly site observation visits, or as necessary, to the project site to ensure general conformance with the contract documents, 8 total trips assumed  Additional visits requested by the City may be performed as additional services  Review of Contractor’s pay requests and change orders as necessary  Review of Contractor’s record as-built drawings for general conformance Task 2 – Deliverables  Design drawings at 30%, 60%, 90% and 100% (stamped) levels (11x17 – PDF & CAD)  Technical specification outline at 60% design (8.5x11 – PDF & Word)  Technical specifications at 90% and 100% design (8.5x11 – PDF & Word)  Probable Cost Statements at 30%, 60%, 90%, and 100% design (8.5x11 – PDF)  Stamped calculations for building department at 100% design (8.5x11 – PDF)  Full-size, half size, and electronic set of bid plans and specifications (11x17 & 22x34 – PDF) Task 2 – Assumptions  All specific permitting related items are noted in Task 4.  Steel pile and concrete cap repair work will follow recommendations noted in assessment in Task 1.  Modifications to the Waterwalk decking, i.e. new steel framing, grating, etc., will not result in additional structural weight to the pile caps.  Existing electrical utilities, lighting, and navigational lighting will be replaced as needed. Upgrades or replacements required will be in accordance with applicable electrical codes. Existing fixtures are to be reused with internal electrical components replaced if applicable. Lighting fixtures to be removed, refurbished, and reinstalled as possible. Electrical services (conduit, hangers, connections, etc.) are to be replaced as needed.  Coast Guard permits for navigational lighting will be acquired as necessary.  City will provide PND with desired electrical service requirements and preferred conduit locations to meet the City’s needs. The City will provide desired conduit size which will be coordinated with the electrical engineer.  The North Water Walk is not (and will not be) designed for moorage of boats/vessels – construction barges will not be permitted to be docked or moored off the Waterwalk.  Repainting of the Pilot House structural steel will be included in the design documents.  All existing light poles, guard rails, and handrails along the North Water Walk (including along the northern east-west water walk segment) will be removed, re-coated, and re-installed.  City will provide compiled review comments within three weeks for each of the 30%, 60%, and 90%, submittals. Final review of the 100% drawings will be provided back to PND within 2 weeks.  A review meeting will occur at the City following the 60% and 90% submittals. AGENDA ITEM #6. j) Page 5 November 21, 2019 Task 2 – Exclusions  Unless identified as part of Task 1, repairs to concrete caps or steel piles.  Repairs or modifications to concrete bulkheads along the shore line.  Analysis of the existing piles for vertical, wind, seismic, or other loading.  Any upgrades to the existing utilities unless specifically required by code.  All existing concrete decking along the northern, east-west, running section will remain and no work will be performed along this section with respect to the decking. The extent of grating will be determined to meet DNR light penetration requirements. This requirement is expected to be met by replacing the existing decking on the south and west stretches of the waterwalk as shown on the attached drawing. Task 3 – Picnic Float Replacement Engineering This task consists of engineering design, bidding and construction phase support for replacement of the two (2) picnic floats located along the inside perimeter of the Waterwalk, as described below. Task 3A – Preliminary Engineering This task will consist of developing the picnic float replacement design to a 30% level, including provisions for existing gangways. The existing benches located along the perimeter of the floats will be rehabilitated by salvaging the existing steel frame. The float design will incorporate necessary framing to provide positive, secured, attachment of the existing picnic tables and benches. Existing steel tables and bench frames are to be cleaned, coated, and reinstalled. Wood table tops and bench slats are to be replaced with new yellow cedar and sealed with clear sealer to match the tables and benches elsewhere in the park. The gangway grating will be replaced with 60% light penetrating ADA rated grating. A previous survey was conducted of the Waterwalk and picnic floats to determine as-built locations of all structures and floats. This survey information, and additional as-built dimensions gathered as needed, will be used in preparation of design drawings. Task 3A Deliverables will consist of:  Attend one work session with City staff to discuss options and priorities  Design drawings at 30% level design (11x17 – PDF)  Probable Cost Statement at 30% level design (8.5x11 – PDF) Task 3B –Final Design, Plans, and Specifications This task includes the development of the construction plans and specifications for the picnic float replacement project after permits are submitted. The construction project is anticipated to include demolition of the existing floats and a performance specification for the new floats. The brace connections to the existing North Waterwalk pier (north-south and east-west walk) will be removed, recoated, and reinstalled on the new floats. Existing gangways, with new 60% light penetrating grating, will be reused with the new floats. Task 3B Deliverables will consist of:  Design drawings at 60%, 90% and 100% levels (11x17 – PDF & CAD)  Technical specification outline review at 60% design (8.5x11 – PDF & Word)  Technical specifications at 90% and 100% design (8.5x11 – PDF & Word)  Probable Cost Statement at 60%, 90% and 100% design (8.5x11 – PDF)  Stamped calculations for building department at 100% if required (8.5x11 – PDF) AGENDA ITEM #6. j) Page 6 November 21, 2019  Full-size, half size, and electronic set of the bid plans & specifications (11x17 & 22x34 – PDF) Task 3C – Bidding Assistance, Contract Administration Assistance, and Construction Observation After the final design package is accepted by the City, PND will provide the following assistance during bidding and construction for the replacement floats. Task 3C Deliverables will consist of:  Attendance by PND at pre-bid meeting  Attendance by PND at pre-construction meeting  Respond to requests for information (RFI’s) or addenda during the bidding and construction phases  Review of technical submittals required by the contract documents for general conformance  Site observation visits as necessary at the float fabrication plant to ensure general conformance with the contract documents, one trip assumed  Biweekly site observation visits, or as necessary, to the project site to ensure general conformance with the contract documents, 8 total trips assumed  Additional visits requested by the City may be performed as additional services  Review of Contractor’s pay requests and change orders as necessary  Review of Contractor’s record as-built drawings for general conformance Task 3 – Assumptions  All specific permitting related items are noted in Task 4.  City will make available for review and copying any relevant existing data on the existing float system including: previous federal, state, and local permits, design drawings, as-built drawings and information for the existing gangways.  The City will provide project background information electronically in CAD, if available.  PND will review existing information for the site and determine if the information is adequate for preliminary engineering and permitting efforts. Should additional information be required, the City will be notified and approval received prior to any additional expenditures.  All existing upland and in-water structures and uses have been previously permitted by appropriate agencies.  City will provide compiled review comments within three weeks for each of the 30%, 60% and 90% submittals and within 2 weeks for the 100% submittal.  One review meeting will occur at the City following the 60% submittal and again following the 90%.  Review comments that result in significant changes may result in additional design services.  Existing North Waterwalk (north-south and east-west walks) can support the replaced floats using the same connection type.  The float replacement will reflect the same footprint as the existing floats. Rearrangement of the benches and/or table layouts will be made to provide ADA access to the tables if possible.  No additional assessments of water depth or bathymetry surveys are included.  All wood table tops and benches will be replaced with new Alaskan yellow cedar, sealed with marine sealant, work to be performed by the contractor according to specifications provided by the City.  Elevations of new floats will provide ADA-compliant access for typical lake water levels. If possible, new floats will include layout modifications to improve ADA accessibility. Task 3 – Exclusions AGENDA ITEM #6. j) Page 7 November 21, 2019  Dredging or in-water excavation (if required) for the float replacement.  Geotechnical investigations (assume not required).  All float utility design; no utilities will be installed on the floats. Task 4 – Permitting & Agency Coordination PND, in association with our permitting specialists at GeoEngineers, will contact the appropriate agencies to determine the most effective approach to permitting the rehabilitation of the Waterwalk and replacement of the existing picnic floats, identify key personnel, introduce concepts, and determine initial agency concerns and anticipated hurdles. The following scope includes anticipated permitting elements. Pre-submittal Coordination: Coordination by PND/GeoEngineers will consist of project initiation with permit agencies and one site visit with agency staff prior to applications submittal, if needed. PND/GeoEngineers will initiate contact with the City of Renton permit review staff, Tribes within their usual and accustomed areas, Washington Department of Fish & Wildlife (WDFW), Washington Department of Natural Resources (DNR), Department of Ecology (DOE), U.S. Coast Guard (USCG), and the U.S. Army Corps of Engineers (USACE) to introduce the project scope prior to submittal of applications. Agency specific concerns will be discussed and submittal requirements confirmed. Permit Application Preparation:  JARPA: o Complete JARPA and supporting documentation as necessary for submittal of the JARPA package to the City of Renton, Tribes within their usual and accustomed areas, WDFW, USACE, DNR, and DOE o A Programmatic Biological Evaluation (BE) o No mitigation is anticipated for this project  Land Use Permits: o Shoreline Exemption – PND/GeoEngineers will submit to the City of Renton for exemption from Shoreline review. This work constitutes “normal maintenance or repair of existing structures or developments” under the Shoreline Management Act (RCW 90.58.030 (3)(e)(l)) and related rules, WAC 173.27.040. o SEPA Determination – The City of Renton is the SEPA Lead Agency. Preparation of a SEPA checklist is not included in this scope. Given the repair or replacement nature of this scope, it is anticipated that this work is categorically exempt from SEPA review based on the criteria described in WAC 197.11.800(3).  City of Renton Building Permits o Pending the nature of the repairs or replacement, building permit may be required. Preparation of the application package and response to plan check comments is included in this scope. Task 4 – Deliverables  Preliminary Design/JARPA Permit Drawings (8.5x11 – PDF)  Draft and Final Programmatic BE (8.5x11 – Hard Copy & PDF)  JARPA for owner signature and complete copy of submittal (8.5x11 – Hard Copy & PDF)  Originals of any and all final permits and leases obtained (8.5x11 – PDF) AGENDA ITEM #6. j) Page 8 November 21, 2019  Building Permit submittal package (11x17 – Hard Copy & PDF) Task 4 – Assumptions  A pre-application meeting, early in the scope of services, will be attended with the City, building and fire authorities, and CED to determine the extent of permit requirements.  The existing facility is located on land that is leased from DNR. A DNR lease (Aquatic Use Authorizations) is involved in the associated replacement.  No dredging or in-water excavation will be required for the Waterwalk rehabilitation or float replacement.  The City is the SEPA Lead Agency and an exemption is anticipated.  The City will timely pay all permit review and application fees.  Respond to one round of JARPA review comments and update drawings. Additional comments will be addressed on a time and materials basis outside of this fee estimate.  Any qualifying in-water work for Task 2 will be completed between 11/16 and 12/31. Task 4 – Exclusions  Mitigation for impacts to aquatic habitat may require preparation of a Mitigation Plan. This plan is not included in this scope of work. AGENDA ITEM #6. j) Page 9 November 21, 2019 TEAM STRUCTURE The organizational chart below shows the structure of the proposed team and identifies the key team members. As noted in the scope of work above, PND will provide project management, lead design of the fixed waterwalk structure and picnic float replacements, and lead construction administration. Global Diving and Salvage will provide underwater inspection and pile verification, GeoEngineers will provide permitting support, and Harbor Power Engineers will provide electrical design. Resumes of key team members are provided as attachments at the end of this proposal. PROJECT EXAMPLES The following projects are examples that exhibit recent experience of the team members relevant to the design of the North Waterwalk. Gene Coulon Park Structural Repairs (2017-2019) PND provided design of an over-water, pile-supported pedestrian deck structure to replace an existing timber deck with fiberglass grating and concrete insets totaling over 6,000 square feet. Though project manager John Rupp is not available to support the currently proposed work, Colin Kuester provided assistance with construction administration and design modifications, and in addition led inspection and City of Renton Owner Department of Parks Planning and Natural Resources Leslie Betlach, Alan Wyatt PND Engineers VP/Principal-in-Charge Jon Keiser, PE PND Engineers Structural QC Rian Johnson, PE SE PND Engineers Project Manager Structural Design Colin Kuester, PE Harbor Power Engineers Principal Designer Ed David, PE GeoEngineers Project Manager Jason Stutes GeoEngineers Principal Environmental Scientist Joe Callaghan Global Diving and Salvage Project Manager Spencer Smith Global Diving and Salvage Dive Inspection Team PND Engineers Structural Design Team Chris Fornace, PE Stephanie Coronado, EIT PND Engineers Quality Control Fire Systems Design Carl McNabb, PE AGENDA ITEM #6. j) Page 10 November 21, 2019 design for the sailing club float repairs, an amendment to this project. Chris Fornace was the primary designer of the structural systems, and he will again provide structural design for the North Waterwalk. Global provided in-water construction support as part of the contractor’s team. Client Contact: Alan Wyatt Gene Coulon Park Facilities Condition Assessment (2017) PND provided visual assessment of the top side of all waterfront and in-water structures, including the North Waterwalk as pictured below. Colin Kuester was lead inspector and lead author of the report. Client Contact: Alan Wyatt AGENDA ITEM #6. j) Page 11 November 21, 2019 Ancich Waterfront Park Improvements – City of Gig Harbor (2015-2019) PND provided design, permitting support, and construction administration for the development of a half-acre lot into a waterfront park, including two pile- supported grated pier structures totaling over 6,000 square feet. Jon Keiser served as the engineer of record and Chris Fornace provided structural design. Carl McNabb provided standpipe fire system design. Colin Kuester provided construction administration and field design modifications. Ed David provided electrical design and construction administration. Client contact: Aaron Hulst, Senior Engineer, City of Gig Harbor, 253-853-7620, hulsta@cityofgigharbor.net Tofino Marina – Tofino, BC (2018) PND provided design of two new fixed piers and floats for a waterfront restaurant and marina. The fixed piers were steel piles and caps with timber superstructures, totaling 4,000 square feet. Colin Kuester was the project manager and lead structural designer. Client contact: Andrew Purdey, Owner 250-612-1622, apurdey@purdeygroup.com AGENDA ITEM #6. j) Page 12 November 21, 2019 Kitsap Transit Annapolis Ferry Dock Upgrade – Port Orchard (2017-Ongoing) PND provided design of a new fixed pier with steel piles, gangway, and ferry dock float, all with grat ed deck. Colin Kuester provided lead structural design of the fixed pier and assisted with the gangway and float, along with Stephanie Coronado. Ed David provided electrical design. Project is currently entering the construction phase. Total new over-water construction will be over 4,000 square feet. Client contact:Jeff Davidson, Project Manager, 360-824-4941, jeffda@kitsaptransit.com Bowman Bay Pier – Deception Pass State Park, Anacortes (2017-Ongoing) PND provided inspection of an existing timber pier structure. Colin Kuester provided on-site inspection and was lead author of the report. Washington State Parks then hired PND to design a replacement with steel piles and grating deck. Jon Keiser is currently the principal-in-charge and Carl McNabb is the project manager leading design of the replacement pier, with Colin Kuester assisting with structural design. Total fixed-pier square footage is over 4,500 square feet. Client contact: Derek Gustafson, Project Manager, 360-755-5262; Derek.Gustafson@parks.wa.gov AGENDA ITEM #6. j) Page 13 November 21, 2019 Norwegian Point Park Pier – Kitsap County (2019 – Ongoing) PND is leading engineering design for a new ADA fishing pier and entry plaza at Norwegian Point County Park for Kitsap County. PND is also assisting with pursuit of RCO grant funding for construction. The work includes design of the overall configuration of the pier and a preliminary Opinion of Probable Construction Costs in RCO format. The design will include new ADA parking spaces, an ADA pathway, and a plaza for picnic tables and benches. A 100-foot-long timber pier formerly occupied the site but has deteriorated to the point where only timber piles now remain. PND will design a new T-shaped fishing pier supported by steel piles totaling approximately 3000 square feet. Phase 1 services include conceptual plans, a macro-vegetation survey, geotechnical investigation report, and display materials for a stakeholder meeting. Jon Keiser is currently principal-in-charge for the project and Carl McNabb is the Project Manager. Colin Kuester provided on-site geotechnical observation and soil sampling and classification. Client contact: Steven Starlund, Kitsap County Parks, 360-337-5312, sstarlun@co.kitsap.wa.us Huntzinger Road Boat Launch, Boarding Float & Fishing Pier – Grant County PUD (2010-2014) PND provided engineering services for design and construction of a new fishing pier and a boat launch with a boarding float on Huntzinger Road in Kittitas County. This Grant County PUD project is adjacent to Wanapum Dam on the Columbia River. The 600 square- foot fishing pier is constructed of galvanized steel and includes a concrete abutment on shore. The pier met ADA, RCO and SOBA requirements for barrier-free access. PND also provided the JARPA drawings and pile driving technical information for use in acquiring permits for the project. In addition, PND provided bid support, construction observation, and fabrication inspection for the project, which was completed in November 2014. Jon Keiser was the principal-in-charge for the project and Carl McNabb was the project manager. Chris Fornace provided structural design. Client contact: Brandon Little, Grant County PUD, Project Manager, 509-754-0500, blittle@gcpud.org AGENDA ITEM #6. j) Page 14 November 21, 2019 Port of Bandon Fishing Pier – Bandon, Oregon (2019-Ongoing) PND is leading design for a new 164-foot x 12-foot wide fishing pier for the Port of Bandon. The design includes ADA ramps and ADA accessible fishing assess points and low-glare lighting to support accessibility. Work includes the development of final engineering plans, specifications, and construction cost estimate of the fishing pier based on the preliminary design PND developed for permitting. Rian Johnson is the principal-in-charge of the project and is leading structural design. He previously performed a condition inspection in 2018 of the piles within the Port of Bandon marina. Mr. Johnson also led development of the pier concept design. Client contact: Jeff Griffin, Port Manager, 541-347-3206, portmanager@portofbandon.com SCHEDULE Following approval of this proposal by the City of Renton, PND and its subcontractors agree to perform the above-described services and to diligently pursue the project and make every reasonable effort to finish all items in a timely manner. The following is a proposed schedule for the project. PND will refine this schedule based on further discussion with the City. General Notice to Proceed Week of January 6, 2020 Dive Inspection Week of January 20, 2020 Permit Submittal/10% Design Week of February 24, 2020 30% Design Week of May 25, 2020 60% Design Week of September 28, 2020 AGENDA ITEM #6. j) Page 15 November 21, 2019 90% Design Week of January 25, 2021 Permit Receipt (12 months) Week of February 24, 2021 100% Design Week of April 26, 2021 Bid Opening (4-5 weeks) Week of June 7, 2021 Construction NTP (5 weeks) Week of July 12, 2021 Final Completion & Closeout (approx. 4 months) Week of March 21, 2022 PROJECT FEE We propose to complete this work on a time and materials basis with a not-to-exceed value. PND will use our standard rate schedule to invoice costs for labor. Costs for non-mileage expenses and sub- consultant work will be billed at cost plus 10 percent mark-up. A detailed breakdown of the project fees can be found attached. Task: 01 – Dive Survey $48,464 02 – North Waterwalk Rehabilitation $143,006 03 – Picnic Float Replacement $52,816 04 – Permitting & Agency Coordination $41,497 Total Budget (not to exceed) $285,783 We look forward to performing this work for the City. If there are any questions regarding this proposal, please call anytime. Sincerely, PND Engineers, Inc. | Seattle Office Jon Keiser, P.E. Colin Kuester, P.E. Vice President Senior Engineer Enclosures: 1. Drawing showing proposed design work 2. Resumes of key personnel 3. Proposed fee estimate AGENDA ITEM #6. j) AGENDA ITEM #6. j) JON KEISER, P.E., P.ENG. | Vice President Project Role: Principal-in-Charge Mr. Keiser has 28 years of engineering experience specializing in project management for waterfront redevelopment projects, including parks, marinas, recreational facilities, and marine terminals. His design experience includes condition assessment, structural engineering, marina float layout planning and design, coastal engineering, physical modeling, construction contract administration, fabrication inspection, and construction inspection. Mr. Keiser’s marine facility design and permitting projects have included ADA-accessible docks, floats, and gangways; pile replacement; bulkheads; breakwaters; and boat launches. EDUCATION B.S. Civil Engineering, University of Washington REGISTRATION Professional Civil Engineer: WA #32789, 1995; AK, 1998; OR, 1998; ID, 2008; NV, 2009; SC, 2009; VA, 2009; MN, 2012; IL, 2012; WV, 2013; MS, 2013; MD, 2013; IN, 2013; KY, 2013. Australia 2010. Canada - BC, 2008; AL, 2008; NL, 2010; YT, 2011. CERTIFICATION American Welding Society, 1993 SELECTED RELEVANT PROJECT EXPERIENCE Ancich Waterfront Park Improvements, Pier Replacement, and Netshed Restoration, Gig Harbor, WA. Principal-in-Charge. Led planning and engineering services to the City of Gig Harbor for shoreline and upland improvements at Ancich Waterfront Park. Work also included replacement of the existing pile-supported pier with a new overwater structure and improvements to the historic netshed building on the pier. PND also provided design for replacement of the Jerkovich Pier decking. Construction was completed March 2019. Central Marina Floats Project/Waterfront Place Central, Everett, WA. Principal-in- Charge. Leading the project team for planning and design of public infrastructure for a 65-acre mixed-use development at the Port of Everett. Services include design of a new waterfront park, waterfront access paths, sidewalks, utilities, marine structures, roadways, parking, and buildings. The Central Marina Floats portion of the project included floats with anchor piles, utilities, and gangways, completed in July 2019. City Dock Replacement, Bainbridge Island, WA. Principal-in-Charge. Led design for dock replacement and extension of the boat ramp to provide moorage for large dinner- cruise vessels. Work included replacement of the boat launch boarding floats and existing piles and expansion of the floating moorage. PND provided permitting support, final design documents, and bid support for the project, which was completed in 2018. Bowman Bay Pier Replacement, Deception Pass State Park, Fidalgo Island, WA. Principal-in-Charge. Leading field surveys and development of a concept plan and program criteria summary for the Bowman Bay Pier replacement for Washington State Parks. Concept alternatives will recommend a range of options for pier materials, footprints/configurations, and uses. Norwegian Point Park Pier Design, Hansville, WA. Principal-in-Charge. Leading engineering design for a new ADA fishing pier and entry plaza at Norwegian Point County Park for Kitsap County. PND is also assisting with pursuit of RCO grant funding for construction. Work includes design of overall configuration of the pier and a preliminary Opinion of Probable Constructions Costs in RCO format. Design will include new ADA parking spaces, ADA pathway, and a plaza. DeKalb Pier Improvements, Port Orchard, WA. Principal-in-Charge. Led design, permitting, and construction support for improvements to the DeKalb recreational pier, floats, and uplands for the City of Port Orchard. PND completed preliminary engineering and phasing, permitting, agency coordination, final design, bid support, and construction administration for two phases of the pier improvements, which included extension of the pier with a 270-foot aluminum catwalk to a 260-foot-long aluminum frame float with 80-foot gangway. The project was completed in 2016. AGENDA ITEM #6. j) JON KEISER, P.E., P.ENG. | Vice President Page 2 Huntzinger Road Fishing Pier & Public Boat Launch, Grant County, WA. Principal-in-Charge. Led design for a new fishing pier and a boat launch with a boarding float at Huntzinger Road on the Columbia River for Grant County PUD. The project included boarding floats, piles, concrete pad, and steel rails under the new launch float. PND also provided JARPA drawings for permitting for the project, which was completed in 2014. Harper Pier Replacement, Port of Bremerton, Port Orchard, WA. Principal-in-Charge/Project Manager. Led permitting, design, and construction support for the replacement of Harper Pier. The replacement consists of steel ramps with grated, light-penetrating surfaces extending to a 40-foot fishing dock area, with a gangway connecting the pile-supported pier and a float. The project was completed in 2015. Water Street Boat Ramp Rehabilitation, Port Orchard, WA. Principal-in-Charge. Led permitting support, concept development, final design, and bid support for rehabilitation of the Water Street Boat Ramp in downtown Port Orchard for the Port of Bremerton. This heavily used facility includes a 70-foot concrete boat ramp, floats, and float piles. The project was completed in 2013. Lincoln Landing Park Design, Mercer Island, WA. Principal-in-Charge. Leading planning, engineering, and permitting for park and shoreline enhancement at Lincoln Landing park for the City of Mercer Island. The project will remove the existing hard armoring at this Lake Washington site and restore it to a soft shoreline with public access. The work also includes stormwater channel restoration, stormwater management, and landscaping and hardscaping design. Percival Landing E & F Float Improvements, Olympia, WA. Principal-in-Charge. Led engineering services for replacement of the F-Float transient moorage floats and enhancements to the E-Floats at Percival Landing for the City of Olympia. The existing F-Float systems consisted of concrete floats with timber walers, anchored by timber piles. The F-Float replacement included design of new floats, a gangway, and utilities. Services included permitting, design, bid support, and construction administration. The project was completed in 2015. Evergreen Boat Ramp Rehabilitation, Bremerton, WA. Principal-in-Charge. Led engineering services to rehabilitate the boat launch at Evergreen Rotary Park for the Port of Bremerton. The new drive surface includes a combination of pre-cast concrete planks and cast-in-place concrete drive surfaces. The boarding floats are secured by galvanized steel piles driven through internal pile hoops. The aluminum floats were performance engineered and utilize polytub/ Styrofoam floatation with fiberglass grating. PND led permitting, agency coordination, and DNR lease coordination. PND also provided bid support, construction administration, and on-site inspections. The project was completed in 2016. Port of Kalama Marina Condition Assessment and Improvements, Kalama, WA. Principal-in-Charge. Led engineering and permitting for improvements to the Port of Kalama Marina. PND initially performed a condition assessment of the marina facilities in 2015. The project included open and covered moorage houses, replacement and expansion of the boat launch floats, and replacement of the marginal float and a transient moorage float. The work also included a feasibility study for adding a new visitor dock connected by a bridge to the transient moorage dock. Construction was completed in December 2018. Boat Haven A & B Redevelopment, Port Townsend, WA. Project Manager. Led a condition assessment at docks A and B to assess the major maintenance and repair items necessary to extend the life of the approximately 40-year-old facility at the Port of Port Townsend. Recommended repair and maintenance work as necessary with estimates of probable costs. PND prepared alternative marina float layout options for both the commercial and recreational basins. Design services included a new timber float system with steel piles, replacement of a timber Travelift pier with steel and concrete pier, and fire, water, and electrical services to the new float system. 12th Street Yacht Basin Development, Port of Everett, WA. Project Manager. Managed planning, design, and construction administration services for development of a new state-of-the-art marina for the Port of Everett. The project developed an existing basin used for log storage into moorage for approx. 230 vessels and includes a Travelift pier and boatlift for dry storage. The civil/upland elements also included roads, parking, storm water retention swales, and marina support buildings. AGENDA ITEM #6. j) COLIN KUESTER, P.E. | Senior Civil Engineer Project Role: Project Manager / Lead Structural Designer Mr. Kuester has 12 years of experience in the engineering field, primarily focused on design, construction administration, fabrication inspection, and on-site inspection. His design experience includes structural, coastal, Arctic, and geotechnical engineering for projects that include bridges, floating structures, docks, pile-supported structures, and civil layout. He is an AWS-Certified Welding Inspector and meets the qualifications of an NHI-qualified Program Manager, having taken an NBIS approved comprehensive bridge inspection training class in May 2011. He has provided regular field inspection on the North Slope of Alaska to evaluate safety of over 60 bridge and culvert structures for a private client. His work included evaluation of steel and concrete members and connections, revetments, and slope stability. EDUCATION M.S. Civil Engineering, 2007, University of Washington B.S. Civil Engineering, 2004 University of Washington Foreign Study, Coastal Engineering, 2007, Norwegian University of Science and Technology REGISTRATION Professional Civil Engineer: Washington # 48827, 2011 CERTIFICATION Certified Welding Inspector, 2010 NBI Bridge Inspector, 2011 SELECTED RELEVANT PROJECT EXPERIENCE Ancich Waterfront Park Improvements, Gig Harbor, WA. Field Engineer. Led construction administration as owner’s representative from 2017-2019, including construction inspection, construction communication, documentation, pay requests, weld inspection, and field design changes. Project included two new over-water fixed-pier structures, shoring, precast and cast-in-place concrete site walls, a steel-framed boat storage building, restoration of an historic timber netshed structure, and site utilities including electrical, water, fire standpipes, and on-site stormwater retention. All on a half-acre waterfront site, the design was very detail-intensive and required frequent on-site design modifications and issuance of new design details. Client was the City of Gig Harbor, working closely in conjunction with the Parks and Public Works departments. Bainbridge Island City Dock Improvements, Bainbridge Island, WA. Field Engineer. Led construction oversight from 2017-2018 for installation of a new multi-use floating dock that includes a boat ramp and boarding floats, public transient moorage, a low- freeboard non-motorized launch, and a secured area for concession and police boat moorage. Work included construction inspection, pile-driving inspection, construction communication, and design of field changes. Client was the City of Bainbridge Island, working with the Public Works and Engineering Departments. Baffinland Iron Mines Ore Dock Design-Build, Nunavut, Canada. Project Manager. Led structural design team for Milne Inlet Ore Dock facility to accommodate large ore carrier ships. Work included concept development; value engineering to new materials; design calculations and drawings; fabrication inspection across Canada; management of quality control program; and on-site quality control. Tofino Marina, Tofino, BC. Project Manager, Design Engineer. Led design of two steel pile and timber deck docks and associated gangway ramp and floats. Docks accommodate pedestrian live loads for restaurant and other public assembly purposes. Kitsap Transit Annapolis Dock, Port Orchard, WA. Design Engineer. Designed steel pile dock with grating deck for a passenger ferry dock. Dock provides access to a transfer ramp and floating ferry moorage. Washington State Parks Marine Facilities Condition Assessment. Field Engineer. Provided inspection of existing timber pier and float facilities for Washington State Parks. PND evaluated the structures for continued safe use and identified immediate and future improvements needed. The sites included Fort Casey; Sequim Bay; Joemma Beach; and Bowman Bay Pier and Sharpe Cove at Deception Pass State Park. The results of the assessment were presented in a Facilities Condition Assessment Report in 2017. AGENDA ITEM #6. j) RIAN JOHNSON, P.E., S.E., P.ENG. | PRINCIPAL, SENIOR ENGINEER Project Role: Principal Structural Engineer Mr. Johnson is a structural engineer specializing in marine construction, design, engineering, and administration. He has 18 years of experience in various areas of the engineering industry, including engineering consulting and public works. His recent work includes project management, on-site construction administration, marine facility design, deep foundations analysis, and project management. Specialized skills include structural analysis and design, weld and pile driving inspection, and contract administration. He has worked on all aspects of engineering for ports, harbors, marine facilities, bridges, roadways, utilities, and temporary works projects. Mr. Johnson’s recent projects have given him extensive working knowledge of applicable design and construction codes, including PIANC, AASHTO, ASCE, and USACE design guidelines. EDUCATION B.S. Civil Engineering, University of Washington, 2001 M.S., Civil Engineering, Stanford University, 2008 REGISTRATION P.E., S.E. California C 87081, S 6598 P.E. Florida 83553 P.E. Georgia 041915 P.E. Louisiana 40097 S.E. Massachusetts 54352 P.E., S.E. Washington 42785 P.Eng. British Columbia 201867 SELECTED RELEVANT PROJECT EXPERIENCE Port of Bandon Fishing Pier, Bandon, OR. Principal-in-Charge. Leading design for a new 164-foot x 12-foot wide fishing pier for the Port of Bandon. The design includes ADA ramps and ADA accessible fishing assess points and low-glare lighting to support accessibility. Work includes the development of final engineering plans, specifications, and construction cost estimate of the fishing pier based on the preliminary design PND developed for permitting. Downtown Juneau Cruise Ship Berths, Juneau, AK. Marine Structures Design Lead Provided structural design and analysis for the Port of Juneau’s new downtown cruise ship facility. The cruise ship facility will have two large ship berths comprised of large concrete floating pontoons, berthing and mooring dolphins, and transfer bridges for passenger and vehicle access. Port of Galveston Cruise Terminal 1 Upgrades, Galveston, TX. Project Manager. Led structural design for facility upgrades to Cruise Terminal 1. The upgrades were a part of the Port’s fast-track program to upgrade the facility to berth a new Carnival Vista-class cruise vessel. Upgrades included a new, high-capacity mooring dolphin fitted with three 150-ton bollards. The upgrades also included an extension of the existing pier to provide provisioning access from the terminal wharf to the new vessel. Nanaimo Cruise Terminal, Nanaimo, B.C., Canada. Project Manager. Coordinated the structural design for the pontoon mooring dolphins, 130-foot vehicle transfer bridge, and 120-foot-long gangway at the cruise terminal. Also assembled performance specification for the 350-foot by 50-foot floating concrete pontoon dock and the incorporated mooring system. In addition, Mr. Johnson provided construction administration and fabrication oversight of the pontoon, transfer bridge, gangway, and dolphins. Ketchikan Port Berth Reconfiguration, Ketchikan, AK. Project Engineer/Resident Engineer. Provided the city of Ketchikan with construction administration, on-site inspection, and construction engineering for the port reconfiguration project during preconstruction and construction phases of the project. Also coordinated in-water sound monitoring efforts during pile driving. Additionally, performed the structural analysis for the 175-ton deep-water mooring dolphins for the city’s cruise ship terminal. Ocean Gate Multimodal Terminal, Portland, ME. Structural Designer. Phased improvements to this 16-acre site included an integrated marine terminal and transportation facility that incorporated the infrastructure needs of cruise ships, as well as international ferry service, local ferry service, high-speed ferry service, and public access. Mr. Johnson provided design for new ferry berthing facilities and the cruise pier. AGENDA ITEM #6. j) CARL McNABB, PE | Senior Civil Engineer Project Role: Lead Civil Engineer Mr. McNabb is a senior civil engineer at PND with 30 years of experience in project management, permitting, and design of marine structures and upland facilities. He also provides construction supervision and construction administration services. His waterfront projects include docks, floats, piers, boat ramps, and bulkheads at marinas, boat launches, and recreational facilities. He also provides site civil engineering for utilities, storm water detention facilities, parking lots, and drainage. In addition, his abilities include geotechnical design applied to retaining wall designs and pile-supported structures. Mr. McNabb also provides engineering support for OPEN CELL™ bulkhead projects across the U.S. and internationally. EDUCATION B.S., Civil Engineering, 1989, Seattle University REGISTRATION Civil Engineer, Washington, 1995 CERTIFICATION Certified Welding Inspector (CWI), American Welding Society SELECTED PROJECT EXPERIENCE Bowman Bay Pier Replacement, Deception Pass State Park, Whidbey Island, WA. Project Manager. Leading field surveys and development of a concept plan and program criteria summary for the Bowman Bay Pier replacement for Washington State Parks. Concept alternatives will recommend a range of options for pier materials, footprints/configurations, and uses. Ancich Waterfront Park Improvements, Pier Replacement, and Netshed Restoration, Gig Harbor, WA. Lead Civil Engineer. Provided civil design services to the City of Gig Harbor for upland improvements at the park, including new walkways, stabilizing 120 LF of shoreline with concrete bulkheads, re-grading, hardscaping, and stormwater design. The project included replacement of the existing pile-supported pier with a new overwater structure and improvements to the historic netshed building on the pier. Construction was completed March 2019. Norwegian Point Park Pier Design, Hansville, WA. Project Manager. Leading engineering design for a new ADA fishing pier and entry plaza at Norwegian Point County Park for Kitsap County. PND is also assisting with pursuit of RCO grant funding for construction. Work includes design of overall configuration of the pier and a preliminary Opinion of Probable Constructions Costs in RCO format. The design will include new ADA parking spaces, an ADA pathway, and a plaza for picnic tables and benches. Waterfront Place Central, Everett, WA. Civil Engineer. Providing site civil engineering for design of public infrastructure for a planned 65-acre mixed-use waterfront development at the Port of Everett. PND’s project tasks include planning and design for a new waterfront park, sidewalks, the entire utilities infrastructure, marine structures, roadways, parking, and buildings. Carl designed the fire sprinkler system for the new Seiner Wharf, as well as utilities in the upland area and for the marina floats. DeKalb Pier and Streetscape Improvements, Port Orchard, WA. Project Manager. Led design and permitting for improvements to the DeKalb pier, floats, and streetscape for the City of Port Orchard. PND provided preliminary engineering and phasing, permitting, agency coordination, final design, bid support, and construction administration for two phases of grant-funded pier improvements. The improvements included a reconfigured pier approach with an ADA-compliant ramp; pier extension with a 270 ft aluminum catwalk; and a 260 ft aluminum frame float with 80 ft gangway, completed in 2016. City Dock Renovations, Bainbridge Island, WA. Lead Civil Engineer. Provided design and construction support for a new boat launch boarding float, extension of the launch ramp, and expansion of the floating moorage. PND provided permitting support, final design documents, and bid support for the project, which was completed in June 2018. AGENDA ITEM #6. j) CARL MCNABB, PE | Senior Civil Engineer Page 2 Harper Pier Replacement, Port Orchard, WA. Project Engineer. Provided engineering design for replacement of Harper Pier for the Port of Bremerton. The replacement consists of steel ramps with grated, light-penetrating surfaces extending to a 40-foot fishing dock area, with a gangway connecting the pile-supported pier and a float. PND also provided construction management services for the project, completed in 2015. Water Street Boat Ramp Rehabilitation, Port Orchard, WA. Project Manager. Led permitting support, concept development, final design, and bid support for rehabilitation of the Water Street Boat Ramp in downtown Port Orchard for the Port of Bremerton. This heavily used facility includes a 70-foot concrete boat ramp, floats, and float piles. The project was completed in 2013. Huntzinger Road Fishing Pier & Public Boat Launch, Grant County, WA. Project Manager. Led design for a new fishing pier and a boat launch with a boarding float at Huntzinger Road on the Columbia River for Grant County PUD. The project included boarding floats, piles, concrete pad, and steel rails under the new launch float. PND also provided JARPA drawings for permitting for the project, which was completed in 2014. Desert Aire Boat Haven and Breakwater, Priest Rapids Recreation Area, Grant County, WA. Project Manager. Led design of upgraded waterfront recreation facilities serving the Desert Aire community at the Priest Rapids Recreation Area on the Columbia River. The facilities include an enlarged and deepened boat basin with a wider boat launch and two new floating docks, all sheltered by a 200-foot-long rubble mound (rock) breakwater. Services included assistance with permitting and construction inspection. Construction was completed in 2013. Port of Friday Harbor Marina D, G & H Docks, Friday Harbor, WA. Lead Civil Engineer. Providing civil design for improvements to D, G & H Docks at the Port of Friday Harbor. Services include engineering for replacement of walers and service pedestals. Port of Newport Small Boat Dock, Newport, OR. Project Manager. Led design of a boarding float for the new NOAA Marine Operations Center at the Port of Newport, Oregon. The 225-foot-long dock is intended for 40- foot-long research vessels, and is situated in the tidally influenced estuary of the Yaquina River two miles from the Pacific Ocean. PND designed the float with HDPE pipe pontoons supporting a timber frame and grating that is both ADA compliant and 60% light penetrating. The float was fabricated by Ferguson Industrial Plastics to whom PND provided engineering services. The project was completed in 2012. Wenatchee Riverfront Moorage, WA. Project Manager. Led the City of Wenatchee’s Day-Use Moorage project on the Columbia River. The project consisted of a 160-foot floating dock, two gangways, and rock-socketed piles, and included regrading and enlarging the asphalt parking lot for additional boat trailers. Also provided support in obtaining federal and state permits. The project was completed in 2009. Port of Kalama Marina Condition Assessment and Improvements, Kalama, WA. Project Engineer. Providing civil design for repairs and improvements to the Port of Kalama Marina. The project includes open and covered moorage houses, replacement and expansion of the boat launch floats, and replacement of the marginal float and a transient moorage float. The work also includes a feasibility study for adding a new visitor dock connected by a bridge to the transient moorage dock. Design was completed in 2017 and the project is currently under construction. Dockton Boat Launch, Vashon Island, WA. Project Manager. Assisted in managing the replacement of a boarding ramp beside a tidewater boat launch for this King County project. Provided PS&E, floatation design, and construction inspection. First Avenue South Boat Launch, Seattle, WA. Project Manager. Led the repair of an existing eroding boat ramp on the Duwamish River. Responsibilities included oversight of obtaining federal and state permits, as well as assistance to the City of Seattle with construction administration. AGENDA ITEM #6. j) SPENCER SMITH Project Manager EDUCATION & TRAINING Divers Institute of TechnologyCommercial Diving (2012) Diver Medic Training ADCI Mixed-Gas Diver DAN AED, First Aid, CPR, BLS, BBP ISNetworld ID Hazwoper - 8 hr initial, 8 hr refresher EMPLOYMENT HISTORY Global Diving & Salvage, Inc.Field Engineer/ Project Manager (2017 - Present) Associated Underwater ServicesDiver/Operations Manager (2013 - 2017) AUTEC Services Andros IslandDiver/Dive Supervisor (2013) United States NavySpecial Operations Corpsman (1998-2002, 2007-2012) Mr. Smith is a talented field engineer and estimator with a proven track record of success in project management, operations and subcontractor administration. He has demonstrated strong abilities in handling multiple projects simultaneously, meeting tight deadlines and working in a fast-paced environment. A decorated Navy veteran, Mr. Smith has extensive commercial diving experience in both the military and private sector, including work with the US Department of Defense. He excels as a team leader, possessing a comprehensive background in project coordination working on diving and ROV projects in the US, American Samoa and around the world. Mr. Smith has been a valuable asset to Global’s team, showing a strong worth ethic, committment to client satisfaction and dedication to safety. Port of Bellingham Pile Wrap Repair Project Manager Bellingham, WA Teams installed the Denso SeaShield pilewrap system on 39 timber piles at the Port. Firewalls and direct current anodes required relocation in order to complete the work. Divers and topside crews worked to wrap the fiberglass jackets around the 40- foot tall piles from below the mudline to the pile cap, then filled with epoxy. Subsea Cable Installation Project Manager Jacksonville, FL Global provided all diving and ROV work for a subsea cabling project off the coast of Florida. The team secured all dive and ROV equipment aboard a Dynamic Positioning Ship (DP2). Using surface-supplied air and Heliox, the divers worked at depths ranging from 45’ to 215’ FSW. Tasks involved locating and recovering an existing cable system, making modifications, and redeploying the system. Approximately 250 grout bags were positioned on the seafloor around an exposed section of cable and secured with rebar pins. The Falcon ROV was used for precise positioning and observation, working in tandem with the divers. Port Gamble Outfall Removal Project Manager Port Gamble, WA Global removed a decommissioned marine outfall within an intertidal zone and protected eelgrass beds. Utilizing a deck crane and mini-excavator, the outfall pipeline and diffuser sections were lifted and placed on the deck of Global’s Prudhoe Bay, then transferred to a materials barge anchored offshore for proper disposal. Using the Prudhoe Bay’s landing craft ability, the vessel was “stranded” as the tide went out, allowing crews to work through the tide cycles and perform part of the removal in the dry. The project was finished on budget and ahead of schedule. Concrete Pier Repairs Project Manager Seattle, WA Crews performed a variety of repairs and improvements to the pier beneath a large multi-family structure, including repairing cracked and damaged concrete. Tasks included grinding, concrete cutting, burning, hand-packing concrete, form work, and sealing the repairs with epoxy. QuakeWrap’s Fiber Reinforced Polymer (FRP) was applied over multiple beams, then painted with UV-resistant paint once the wrap was cured. FRP was also used to seal and protect several repaired concrete caps. Harvest Caye Pile Wrap & Maintenance Project Manager Placencia, Belize Global was awarded the contract to inspect and wrap 113 steel piles on the Norwegian Cruise Line (NCL) docking pier on the island of Harvest Caye in Belize. Working around the active cruise ship schedule, the divers first performed a Level 1 inspection on 100% of the piles; the divers also performed a Level 2 inspection on 13 of the piles, and a Level 3 inspection on 7 of the piles. Once the piles were inspected, the divers cleaned and wrapped all 113 piles using the Denso 2000HD Series soft pile wraps. The project was completed safely and to the owner’s satisfaction. RELEVANT EXPERIENCE Global Diving | www.gdiving.com AGENDA ITEM #6. j) City of Renton | Coulon Park North Waterwalk Rehabilitation Page 1 JOE CALLAGHAN, PWS |PRINCIPAL ENVIRONMENTAL SCIENTIST Education M.S., Environmental Science, Washington State University B.S., Environmental Science, Washington State University B.S. Biology, Washington State University Certification SSI Certified SCUBA Diver Professional Wetland Scientist Experience Joe provides a focus on project permitting and habitat restoration associated with aquatic systems. Specifically, he has worked on many multi-disciplinary teams preparing federal permit documents, Endangered Species Act consultations, Environmental Impact Statements, Environmental Assessments and other SEPA and NEPA documents. Joe is an accomplished biologist who has completed a wide range of projects including assessments and baseline habitat documentation, wetland delineations, mitigation planning, and restoration planning for wetlands, streams and near-shore environments. Joe has used his proficiency in bio-design to create mitigation and restoration plans for wetland, marine shoreline and riparian habitats. His knowledge of natural system dynamics perpetuates successful project designs. Joe brings hands-on construction experience to the GeoEngineers team with more than five years of commercial and residential construction experience. His knowledge of construction practices, permitting and sensitive area treatments is a valuable asset to his projects. Project Experience City of Renton Public Works Department, Cedar River Maintenance Dredging; Renton, Washington GeoEngineers provided environmental assessment, environmental evaluation and permitting services for this high-profile river maintenance dredging flood control project. GeoEngineers managed the baseline habitat assessment and mapping; sediment characterization; federal, state and local permitting; mitigation design; permit negotiation with regulatory agencies and tribes; public outreach; and geotechnical engineering. Joe worked with city engineers and regulatory personnel from multiple agencies to negotiate project-specific work windows and water quality criteria. Permits for this project included SEPA, NEPA, HPA, Clean Water Act, Shoreline, ESA and local permits. Metropolitan Park District of Tacoma, Wapato Lake Park Dock Replacement; Tacoma, Washington Joe served as Principal supporting the prime consultant and Metro Parks Tacoma on this maintenance/upgrade project needed to provide continued public access to this large wetland urban park in Tacoma. GeoEngineers staff completed a baseline assessment of the lake and associated lake-fringe wetland habitat, developed permit application materials, and submitted permit applications on behalf of Metro Parks. Environmental permitting for the project was completed several months ahead of schedule, which allowed Metro Parks and the design team to proceed with final design and bid documents well in advance of the anticipated construction dates. Port of Bremerton, Annapolis Pier Ferry Dock Upgrade; Port Orchard, Washington GeoEngineers worked with Kitsap Transit to permit improvements to the Annapolis Ferry Dock to provide American Disabilities Act (ADA) accessibility to the ferry service during a broad range of tidal conditions. GeoEngineers served as the lead editor and provided final QC for the environmental permitting documents as well as provided Kitsap Transit with long-term project strategy. AGENDA ITEM #6. j) Port of Umm Qasr, Iraq– Piers 1 & 2 Port of Everett – 12th Street Marina Port of Port Angeles – Boathaven Education: Electrical Engineering, CCAF University of Maryland Registration: Electrical PE – Alaska, California Oregon, Washington, Guam Professional Affiliations: Institute of Electrical & Electronic Engineers (IEEE) American Boat and Yacht Council (ABYC) Ed David, P.E. Principal/Senior Electrical Engineer Ed has over 30 years of applied electrical engineering, project management and design experience, specializing in electrical power system design for marine and port facilities. He has designed over 200 projects involving piers, wharfs, docks, dry-docks, waterfront buildings, and boat/shipyards; including power systems design for complete marinas. As a specialist Ed has an in depth understanding of the systems unique to this industry, including shore power/cold ironing, high mast lighting systems, boat ramps, and launch facilities. Clients appreciate Ed’s enthusiasm, clarity in communications, and pro-active management style. Relevant Project Experience: • Port of Bremerton – Harper Pier Replacement, Harper, WA • Port of Bremerton – Platform Float Replcmt, Port Orchard, WA • Port of Port Angeles – Boathaven Redev., Port Angeles Washington • Port of Grays Harbor Boatyard, Westport, Washington • Port of Bellingham – Gate 3 Expansion; Bellingham, Washington • Tacoma Old Town Dock Reconstruction; Tacoma, Washington • Clover Island Marina; Kennewick, Washington • Port of Olympia A Dock Replacement; Olympia, Washington • Port of Anacortes West Basin Redevelopment; Anacortes, WA • Port of Anacortes Fuel Dock Replacement; Anacortes, Washington • Port of Longview Berth 5 Dolphin Replacement; Longview, WA • Langley Harbor Redevelopment; Langley, Washington • Port Townsend Boathaven Docks A & B; Port Townsend, WA • Port of Seattle – Terminal 91 Passenger Boarding Sys; Seattle, WA • Oak Harbor Marina Redevelopment; Oak Harbor, Washington • Waterfront Place, Everett, Washington • POE Central Marina Improvements, Everett, Washington • POE Marina District Electrical Infrastructure, Everett, Washington • 13th Street Underground Utilities, Everett, Washington • POE Everett Shipyard Bulkhead Replacement, Everett, Washington • POE Guest Moorage Project, Everett, Washington • 12th Street Marina Development, Everett, Washington • POE Craftsman District Boatyard Phases 1 & 2, Everett, Washington • 12th Street Basin South Esplanade, Everett, Washington • POE 10th Street Marine Park Improvements, Everett, Washington • Port of Edmonds Marina Reconstruction; Edmonds, Washington AGENDA ITEM #6. j) Revised:10/11/2019 GENE COULON PARK - NORTH WATERWALK REHAB Task Item Senior Engineer VII Senior Engineer V Senior Engineer IV Senior Engineer II Senior Engineer I Staff Engineer III Environmental Scientist III CAD Designer VI Technician VI Technician IV Total Labor No. Task (Scope of Services)$195 $160 $150 $130 $120 $105 $125 $115 $130 $95 Hours Cost Expenses Task totals 1.0 North Waterwalk Dive Assessment 1 Planning, Coordination, Report, Meetings 4 16 16 16 16 4 72 $9,160.00 $39,303.90 Subtotal 4 0 16 16 0 16 0 16 0 4 72 $9,160.00 $39,303.90 $48,463.90 2.0 North Waterwalk Engineering and Design 2A Design - 30%,60%,90%, 100% Deliverables 40 40 100 120 120 100 16 536 $70,420.00 $22,146.60 2B Construction Administration 20 20 100 120 120 380 $50,300.00 $139.20 Subtotal 60 60 200 240 0 240 0 100 0 16 916 $120,720.00 $22,285.80 $143,005.80 3.0 Picnic Float Replacement Engineering 3A Preliminary Engineering 8 40 60 20 128 $16,160.00 $34.80 3B Final Design 16 60 80 20 176 $22,820.00 $66.00 3C Construction Administration 16 40 40 4 100 $13,700.00 $34.80 Subtotal 40 0 140 0 0 180 0 40 0 4 404 $52,680.00 $135.60 $52,815.60 4.0 Permitting and Agency Coordination 4 Permit Drawings and Coordination 4 16 20 20 4 64 $8,260.00 $33,237.40 Subtotal 4 0 16 0 20 0 0 20 0 4 64 $8,260.00 $33,237.40 $41,497.40 TOTAL 108 60 372 256 20 436 0 176 0 28 1456 $190,820.00 $94,962.70 $285,782.70 EXPENSES: Cost Expenses Item Quantity #Unit per Unit Markup Cost 1a Review Meeting 30 1 EA $0.580 1.0 $17.40 1b Reproduction 20 5 EA $0.15 1.1 $16.50 2a Design Review 30 4 EA $0.580 1.0 $69.60 2b Site Visit 30 8 EA $0.580 1.0 $139.20 2a Reproduction 50 20 EA $0.15 1.1 $165.00 3a Design Review 30 2 EA $0.580 1.0 $34.80 3b Site Visit 30 2 EA $0.580 1.0 $34.80 3c Reproduction 20 20 EA $0.15 1.1 $66.00 4 4 Site Visit 30 1 EA $0.580 1.0 $17.40 TOTAL EXPENSES $560.70 SUBCONSULTANTS: Subcontract Subcon. Task Amount Markup Cost 1.0 Global Diving and Salvage $35,700.00 1.1 $39,270.00 2.0 Harbor Power Engineering $19,920.00 1.1 $21,912.00 4.0 GeoEngineers $30,200.00 1.1 $33,220.00 TOTAL SUBCONSULTANTS $94,402.00 Total - Labor $190,820.00 Total - Expenses $560.70 Total - Subconsultants $94,402.00 TOTAL - $285,782.70 1 2 3 AGENDA ITEM #6. j) Professional:Senior Engineer VII $195.00 Senior Engineer VI $180.00 Senior Engineer V $160.00 Senior Engineer IV $150.00 Senior Engineer III $140.00 Senior Engineer II $130.00 Senior Engineer I $120.00 Staff Engineer V $115.00 Staff Engineer IV $110.00 Staff Engineer III $105.00 Staff Engineer II $95.00 Staff Engineer I $90.00 Environmental Scientist VI $170.00 Environmental Scientist V $155.00 Environmental Scientist IV $140.00 Environmental Scientist III $125.00 Environmental Scientist II $110.00 Environmental Scientist I $95.00 GIS Specialist $95.00 Surveyors:Senior Land Surveyor III $125.00 Senior Land Surveyor II $115.00 Senior Land Surveyor I $105.00 Technicians:Technician VI $130.00 Technician V $115.00 Technician IV $95.00 Technician III $85.00 Technician II $75.00 Technician I $50.00 CAD Designer VI $115.00 CAD Designer V $105.00 CAD Designer IV $90.00 CAD Designer III $75.00 PND ENGINEERS, INC. STANDARD RATE SCHEDULE EFFECTIVE NOVEMBER 2018 AGENDA ITEM #6. j) AB - 2527 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: Addendum 1 to the Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for the Creation of the Valley Special Weapons and Tactics Team RECOMMENDED ACTION: Council Concur DEPARTMENT: Police Department STAFF CONTACT: Ed VanValey, Police Chief EXT.: 7567 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: Upon approval and execution of the addendum, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement (CAG -10-160). EXHIBITS: A. Addendum 1 to the Interlocal Agreement B. Resolution STAFF RECOMMENDATION: Authorize the Mayor to sign Addendum 1 to the Valley SWAT Team Interlocal Agreement. AGENDA ITEM #6. k) 1 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled “Interlocal Cooperative Agreement (ILA) between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team” was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi-jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby, all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. AGENDA ITEM #6. k) 2 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 ___________________________________ ____________________________________ Mayor, City of Auburn Date City Attorney, City of Auburn Date ___________________________________ City Clerk, City of Auburn Date ___________________________________ ____________________________________ Mayor, City of Renton Date City Attorney, City of Renton Date ___________________________________ City Clerk, City of Renton Date ___________________________________ ____________________________________ Mayor, City of Tukwila Date City Attorney, City of Tukwila Date ___________________________________ City Clerk, City of Tukwila Date ___________________________________ ____________________________________ Mayor, City of Kent Date City Attorney, City of Kent Date ___________________________________ City Clerk, City of Kent Date ___________________________________ ____________________________________ Mayor, City of Federal Way Date City Attorney, Federal Way Date ___________________________________ City Clerk, City of Federal Way Date ___________________________________ ____________________________________ City Manager, City of Des Moines Date City Attorney, City of Des Moines Date ___________________________________ City Clerk, City of Des Moines Date AGENDA ITEM #6. k) 3 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 _____________________________________ ____________________________________ Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle Date AGENDA ITEM #6. k) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO ADDENDUM 1 TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM, ADMITTING THE CITY OF DES MOINES AS A MEMBER OF THE VALLEY SPECIAL WEAPONS AND TACTICS (SWAT) TEAM. WHEREAS, in 2010, the Cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle executed an Interlocal Cooperative Agreement (ILA) for the purpose of establishing and maintaining a multi‐jurisdictional SWAT Team to respond to high risk criminal occurrences; and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement; and WHEREAS, the City of Des Moines has petitioned the Valley SWAT Executive Board for membership and has received unanimous approval subject to approval of Addendum 1 to the ILA; and WHEREAS, upon approval and execution of Addendum 1 to the ILA, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement; and WHEREAS, the City Council finds that approving and adopting Addendum 1 to the ILA and admitting the City of Des Moines as a member of the Valley SWAT Team is in the public interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: AGENDA ITEM #6. k) RESOLUTION NO. _______ 2 SECTION I. The Mayor and City Clerk are hereby authorized to enter into Addendum 1 to the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team, attached hereto as Exhibit “A” and incorporated by this reference. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2019. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2019. ______________________________ Denis Law, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES.1827:11/12/19 AGENDA ITEM #6. k) RESOLUTION NO. _______ 3 EXHIBIT “A” ADDENDUM 1 TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM AGENDA ITEM #6. k) 1 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled “Interlocal Cooperative Agreement (ILA) between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team” was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi-jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby, all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. AGENDA ITEM #6. k) 2 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 ___________________________________ ____________________________________ Mayor, City of Auburn Date City Attorney, City of Auburn Date ___________________________________ City Clerk, City of Auburn Date ___________________________________ ____________________________________ Mayor, City of Renton Date City Attorney, City of Renton Date ___________________________________ City Clerk, City of Renton Date ___________________________________ ____________________________________ Mayor, City of Tukwila Date City Attorney, City of Tukwila Date ___________________________________ City Clerk, City of Tukwila Date ___________________________________ ____________________________________ Mayor, City of Kent Date City Attorney, City of Kent Date ___________________________________ City Clerk, City of Kent Date ___________________________________ ____________________________________ Mayor, City of Federal Way Date City Attorney, Federal Way Date ___________________________________ City Clerk, City of Federal Way Date ___________________________________ ____________________________________ City Manager, City of Des Moines Date City Attorney, City of Des Moines Date ___________________________________ City Clerk, City of Des Moines Date AGENDA ITEM #6. k) 3 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 _____________________________________ ____________________________________ Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle Date AGENDA ITEM #6. k) AB - 2530 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: Authorization to Purchase a Kenworth T470 Truck and Dump Bed Assembly RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Administration STAFF CONTACT: Ron Kahler, Fleet Manager EXT.: 2660 FISCAL IMPACT SUMMARY: The total cost of the Kenworth T470 truck and dump bed assembly is $187,178. The total amount budgeted for the truck and assembly is $220,000, which includes an increase of $100,000 approved as part of t he 2019 Carry Forward and First Quarter Budget Adjustment Amendment Ordinance on April 15, 2019. The increase in budget was necessary because it was determined that a budget oversite was made following the approval of the 2019-2020 biennium budget. The original estimate for this purchase was intended to be $220,000, however only a replacement cost estimate of $120,000 was budgeted. In addition, it was determined that the need existed to move forward on the larger, more versatile truck as originally plann ed, so that it may be outfitted with inclement weather response equipment if needed. SUMMARY OF ACTION: The Fleet Section has obtained quotes for the purchase of one Kenworth T470 truck and dump bed assembly components for the Public Works Department. The dump bed assembly components will allow the truck to be outfitted for snow and ice operation, as well as regular dump hauling. This purchase will replace existing vehicle D079, which is listed on the 2019-2020 Fund 501 Equipment Rental Vehicle Acquisition and Replacement Schedule approved as part of the 2019-2020 biennium budget. The truck will be purchased from Kenworth Northwest using the Sourcewell state bid contract number 081716 -KTC. The dump bed assembly components will be purchased from Northend Truck Equipment, Inc. using Washington state bid contract number 01117. Existing Vehicle Year Purchased Replacement Make & Model Replacement Cost Vendor & State Contract Bid Number D079 1995 Kenworth T470 $112,068 Sourcewell 081716-KTC D079 1995 5/6 Yard Bed and Dump Bed Assembly $75,110 Washington State 01117 TOTAL $187,178 EXHIBITS: A. Kenworth Northwest Quote B. Northend Truck Equipment, Inc. Quote 191025RE AGENDA ITEM #6. l) STAFF RECOMMENDATION: Authorize the purchase of one Kenworth T470 and dump bed assembly for the Public Works Department totaling $187,178. The truck and dump bed assembly will be purchased from Kenworth Northwest and Northend Truck Equipment, Inc. using state bid contract award number 081716-KTC and 01117 respectively. AGENDA ITEM #6. l) Date:10/29/2019 Customer Contact Name Address City, State, Zip Phone # Email Quantity Model / Chassis SALES PRICE FET TOTAL 1 2021 Kenworth T470 $101,602.96 $0.00 $101,602.96 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL PER TRUCK:$101,602.96 $0.00 $101,602.96 Year Make / Model Trade Value Less payoff Trade Equity -$ -$ -$ Deposit Sales Tax $10,465.10 $112,068.06 Unpaid Balance Finance By:Customer Signature City of Renton Ronald Kahler 3555 NE 2nd Street 425-430-7440 Renton, WA 98056 CUSTOMER AGREEMENT TRUCK PURCHASE DEPOSIT AGREEMENT rkahler@rentonwa.gov TRUCK INFORMATION TRADE INFORMATION Total Due per Truck I hereby place a firm order for the Kenworth chassis described on the attached proposal, which includes standard equipment set forth in current Kenworth price lists unless otherwise specified herein, together with the equipment designated on the following page(s); and I agree to pay the full purchase price shown in accordance with terms and conditions contained in this Purchase Order. I understand this Purchase It is agreed and understood by the undersigned that this deposit will be held by Kenworth Northwest Inc. ("Distributor"), and will be appliedtoward the cash purchase price, cash down payment, or initial lease-purchase payments, whichever shall apply at time of delivery. It is further agreed and understood that if the Customer cancels the above referenced Sales Order at any time after the chassis has: (1)entered production at the factory, (2) been purchased by the Distributor from another Distributor, or (3) has undergone Sales Order modification at Distributor expense, that the Distributor shall reserve the right, at its discretion, to hold the deposit until the chassis is sold inthe market or is otherwise satisfactorily disposed of; in which event the Distributor will be allowed to retain from the deposit whatever charges it may incur until the chassis is sold and damages it shall have suffered by reason of such cancellation; provided, in the event thecharges incurred and damages suffered by Distributor exceed the deposit, Customer agrees to pay Distributor the amount of such excess, andin the event there is a balance after said charges and damages, the balance will be remitted to Customer within ten (10) days thereafter. If the Sales Order is cancelled at no loss or inconvenience to the Distributor, the deposit will be returned to Customer upon request. The foregoing shall not be interpreted to give the Customer a right to cancel the aforesaid Purchase Order, but merely sets forth the rights to the use of the purchase deposit in the event the Purchase Order is cancelled with the consent of the Distributor. **The Sales Price has been based on Distributor's Factory List Price in effect on the date hereof. Any increase in List Price in effect on the date of delivery shall be added to the Sales Price and terms of payment shall be adjusted Accordingly.** THE PURHASE ORDER AND DEPOSIT AGREEMENT INCLUDING THE LIMITATION OF WARRANTY IN PARAGRAPH 5 SHALL BE SUBJECT TO THE TERMS AND CONDISTIONS CONTAINED ON THE REVERSE SIDE HEREOF. AGENDA ITEM #6. l) Erik Casebeer This Order is given and accepted subject to the following: CONDITIONS 1.Distributors shall not be responsible for any failure or delay in shipment or delivery due to causes beyond his control. Such failure or delay shallextend the time of performance by such time as may be necessary to enable Distributor to make delivery. If the delay shall extend thirty days beyond the delivery date set forth in this agreement, Distributor may cancel this order and return to Customer any deposit made with Distributor,and Distributor shall be relieved of any further liability to Customer. 2.If Customer fails to pay the balance due prior to delivery as set forth herein or breaches any other provision of this agreement, Distributor at hisoption may cancel this order and retain any deposit made by Customer as liquidated damages, or he may enforce the terms of this agreement.Customer agrees that the venue of any suit or action based on this agreement may be at Distributor's option, be laid in the county in which Distributor's principal place of business is located, and that in the event of any such suit or action Customer will pay reasonable attorney's feesincurred by Distributor. 3.Buyer agrees to pay the amount of any tax imposed upon the transaction covered by this agreement. 4.If any material is furnished by Customer for us in the manufacture of the vehicle purchased herein, Customer agrees to indemnify and holdharmless the Distributor and manufacturer from any and all costs, claims and damages arising from any defect in such material. 5.Limitation of Warranty. It is expressly agreed that the Distributor makes no warranties, express or implied, including no warranties ofMERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE with regard to the equipment described above, except those warranties which are inwriting and made part of this agreement and such warranties as may be granted by the manufacturer of the equipment covered by this agreement;and that in no event shall the Distributor be liable for incidental or consequential damages or commercial losses. Customer acknowledges that he has read, understood, and agreed to the contents and that the same is part of the bargaining and negotiating of this agreement. 6.If the terms of payment herein provided are other than cash, this Purchase Order and the terms of payment shall be subject to the approval of thecredit of the Customer by Distributor. Distributor shall notify Customer upon approval of credit. If Customer does not pay according to the terms ofpayment, the unpaid balance shall bear interest at an annual percentage rate of eighteen percent (18%). MANUFACTURER'S WARRANTY AND OWNER'S SERVICE POLICY Kenworth Truck Company (Kenworth) hereby warrants only to the original Customer (Buyer) from selling Distributor during the period oftime and upon the conditions hereinafter set forth each new motor vehicle sold by it to be merchantable, free from defects in material andworkmanship under normal use, maintenance and service. Except for the above warranty, it is expressly agreed that NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, nor other warranty expressed, implied or statutory is made by Kenworth or theselling Distributor.Kenworth's liability shall be limited to repair or replacement, including labor, at its factory or authorized Distributor, of any part or partswhich Kenworth's examination shall disclose to its satisfaction to have been defective in material or workmanship under normal use,maintenance and service, in accordance with the Warranty and Owner's Service Policy furnished by Kenworth Truck Company. If Kenworth shall attempt repairs and/or replacements which shall for any reason fail, Kenworth shall be entitled to continue to attempt toremedy any defects for so long a period of time as, in Kenworth's sole judgment, such attempt is justified. If the defect is such as in Kenworth's sole judgment produces the remedying thereof by repair or replacement, of if for any reason Kenworthdetermines that repairs or replacements are impracticable, then Kenworth shall have no further obligation to attempt repairs, and/orreplacements, and Buyer's sole and exclusive remedy shall, upon return of vehicle to Kenworth, be the right to a refund of the wholesalevalue of the vehicle based on a written bid obtained by Kenworth from an independent established wholesale truck dealer. The foregoing shall be the buyer's sole and exclusive remedy whether in contract, tort or otherwise, and Kenworth shall not be liable forinjuries to persons or property. In no event shall Kenworth be liable neither for incidental or consequential damages or commercial losses nor for any other loss or damageexcept as above set forth.This warranty shall not apply with respect to any claimed defect which in Kenworth's judgment has arisen from repair or alteration outsideKenworth's factory, or from misuse, reliance, accident, operation at a speed exceeding factory rated speed, loading beyond the factory ratedload capacity, or from lack of normal use, maintenance or service. Certain component parts, such as engines, are manufactured by others and are warranted by the manufacturer. When the manufacturer ofthe component warrants the part to the Customer, Kenworth hereby warrants the title of each such part but NO other warranty, whetherexpressed, implied, statutory or otherwise, including the IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES, are made with respect thereto. All repairs and replacements are made and furnished subject to the same terms, conditions, warranty, disclaimer or warranty and limitationof liability and remedy as apply to each new motor vehicle sold. AGENDA ITEM #6. l) Excel#Item#Qty.Unit Total Total 81 -1 $26,464.80 $26,464.80 100 16 1 $682.50 $682.50 119 8 1 $1,506.75 $1,506.75 120 9 1 $375.90 $375.90 122 11 1 $504.00 $504.00 123 12 1 $1,562.40 $1,562.40 124 13 1 $1,253.70 $1,253.70 129 18 1 $2,669.10 $2,669.10 134 23 1 $729.75 $729.75 --1 $159.50 $159.50 136 25 1 $1,674.75 $1,674.75 155 44 1 $1,982.40 $1,982.40 176 65 1 $845.25 $845.25 179 68 1 $325.50 $325.50 187 76 1 $972.30 $972.30 4 1 1 $6,441.75 $6,441.75 51 3 1 $1,779.75 $1,779.75 59 11 1 $1,411.20 $1,411.20Sander Lines The Rear With QD's Chock Blocks Stow Mounted below the body (1) Rt. & (1)Lft. Add 6-way light plug at rear hitch Increase Length of 10/12 Yd. Body Up To 16'-6” **Increase 5/6 yard length to 12' ILO of above ** Tapered Side Walls For 5/6 Yd. Body Sloped Tailgate ( All Size Bodies ) 3/16" AR Inner Side Wall For 10/12 Yd. Body 3/16" AR Dash and Tailgate (All Bodies) Recycled Plastic Bang Boards In Lieu of Wood Power Up/Power Down Double Acting Cylinder For The Dump Body with a 500 PSI. Relief On The Down Stroke. Paint Color Other Than Standard (Orange Stripe) Whelen DOT3 102 D Lighting System Category and Options 5/6 Yard Body Build to WADOT Spec's Northend Truck Equipment Inc. 14919 - 40th Ave. N.E. Marysville, WA 98271 Ph: 360-653-6066 Fax: 360-653-0100 1-800-653-6066 Visit Our Web Site - www.northendtruck.com Ron Kahler State of Washington Contract Information:Prepared For: Price Quotation For City of Renton 425-430-7400 RKahler@Rentonwa.gov Effective Date: 05-01-2018 Contract number: 01117 Contract Title: Dump Bodies, Snow Plows Various Types, Controls & Services Steel Tool Box 18 x 18 x 30, CA Room Permitting (Installed) Category C Electric Brake Controller, Includes Separate 7-Way Manual Tarp System NTE Basic Hydraulics Open Center Snow and Ice System 4 Section Valve With Dual Flow, Manual Electric Sander Valve Control and Stainless Box (Room Permitting) With 20 Gal./Minute Gear Pump Front Mounted With OEM Front Frame Rail Extensions, Air Control Console, Behind The Cab Tank, or VT35 with Poly Or Stainless Lid, With Basic Hoses and Fittings Installed (See Sander Line Option) Hot Shift PTO I.L.O. Manual Transmission For Allison Quote# 191025RE 10/25/2019 Quote# 191025RE 1 of 2 AGENDA ITEM #6. l) 15 13 1 $9,786.00 $9,786.00 26 1 1 $708.75 $708.75 35 10 1 $197.40 $197.40 36 11 1 $4,458.30 $4,458.30 37 12 1 $866.25 $866.25 46 21 10 $36.75 $367.50 47 22 10 $55.65 $556.50 $68,282.00 $6,828.20 $75,110.20 10/25/2019 _______________ Zack Andrews NORTHEND TRUCK EQUIPMENT INC. Plow Category 6 American Snow Plow 3910-P1SA NTE Quick Hitch (Must Have Extended Full Front Frame Rails (Not Bolt On) and Stationary Grill) Northend Truck Equipment Inc. 14919 - 40th Ave. N.E. Marysville, WA 98271 Ph: 360-653-6066 Fax: 360-653-0100 1-800-653-6066 Visit Our Web Site - www.northendtruck.com Truck-Lite #80800 plow lights, to be hooked up to Chassis provided wiring and switch , Includes Adjustable Stainless Steel Brackets (Installed) • Chassis must have Extended Front Frame Rales (not bolt on) and Stationary Grill. • Install work light between frame rails in rear hitch area in lieu of on cab guard. * Chassis Drawing Required With Dump Body Order, For Customers Specific Truck From Chassis Dealer. Must Include CA Measurement, Cab Height, and Drop Axle Location (if applicable). * Thank You for your help on this, if you have any questions or need additional information Please call or email me at 425-903-2207, ZackA@northendtruck.com • Chassis CA Measurement TBD • Body sized for 18" of overhang • Body painted Silver with Orange Stripe to match previous unit • Include rebar walk rail with access steps in lieu of fold down ladders. Sales SubTotal NORTHEND TRUCK EQUIPMENT Notes: PO#:_________________ Accepted:_________________Date: Zack Andrews Sincerely, City of Renton Ron Kahler Accepted: Zack Andrews Accepted_________________________Date:___________ Shorten Front Frame Rails Plow shipped to Northend Truck set up and tested with plumbing. Ship with completed unit. (Must Pick a Plow Hitch Option) • (2) Asphalt gates standard in WADOT spec. Applicable Sales Tax Percentage at Delivery Location 10.00% Total Price with Tax Included Rubber deflector, price per foot Rubber cutting edge, price per foot Quote# 191025RE 10/25/2019 2 of 2 AGENDA ITEM #6. l) AB - 2532 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: Amendment No. 8 to CAG-14-126 with Mead and Hunt, Inc. for the Airport Master Plan RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Harry Barrett Jr., Airport Manager EXT.: 7477 FISCAL IMPACT SUMMARY: Amendment No. 8 to CAG-14-126 with Mead and Hunt, Inc. for the Airport Master Plan will result in a $214,366 increase to the project line item of the 2020 capital budget. The additional expense will be covered by reducing the local match to the Runway Safety Area project by the corresponding amount. The Runway Safety Area project currently has a fund balance of $774,359. The adjustmen t will be part of the first quarter budget amendment. SUMMARY OF ACTION: The Airport is requesting approval of Amendment No. 8 to CAG -14-126 with Mead and Hunt, Inc. to allow the completion of the Master Plan process. The project was previously funded under a Federal Aviation Administration (FAA) grant with the Airport providing a local match of 10%. Due to significant delays in the Master Plan process, the Airport was forced to close the grant and return the unspent portion to the FAA. The Airport has amended the scope of work for Mead and Hunt which enables the consultant t o complete the tasks outlined in Exhibit 8-A. Completion of the Master Plan process is necessary to produce an Airport Layout Plan document which must be approved by the FAA to ensure continued grant funding. The Master Plan update is expected to conti nue through December 2020. EXHIBITS: A. Amendment No. 8 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment No. 8 to CAG-14-126 with Mead and Hunt, Inc. for the Airport Master Plan. AGENDA ITEM #6. m) >_<_mzo_<_mzaZO.m._.On>m-E-Sm.>m_»mm_<_mz._._uO_» _u_»O_ummm_OZ>_.mmxsnmm ._.:_m>_<_mzU_<_mz._.zo.«A=>3m:g3m:nJ.0.33«eaqm?mamznmucquommmmm2o<m3cm_,m.~80. _ma<manUm2<mm_._EmQ23xm:3:?rm..n_2...,m<<mm:_:m3:3::_n_um_no?owmco?man_<_mma man15.?_:m.A:no:m:_8:.m.rm<<_mno:m_:oo:.o_.m:o:.EmQ2manEmnozmczmim_.m33:2. 3no__mn:<m_<.3EW>3m.._n_3m3mmEm.?m1.._mm.=OsnmE__<952:3_u<Em33.32% >3m:a3m:..._mmmmn:<mmm9.EmEm».38£38U<_uoEvmimm. <<:m_.mmm\.3~03.EmDE93.8.33msmm~mm3m3<<_Enosmczmi5&2Q2m__mzo.n>m. 2.5938;mmunm3am«Hm.BE.3u3<Em:mnmmmm«<mmasnmm31Emxm:3:_<_::_n__um_ >58:3cuqm?m.3_<_mm~m«Em?mm..mn:_«mQ_u<Emrams.><_m:o:>n:.__:_m:.m:o:...m>>... 222.33EmwmimmEm=>m_.mm3m3:rman <<Em«mmm.Em>m«mm3m:...o1m_:m__<mzzn?mnmm33no:m:_$_.:.m<<o1AonEmZmmamwEm:€33 <<o:_a_Um83u_mnmnU<umnmnscmq3.8:...9:I2:05::03::2nosmczmiIEmu_.o_.m2 Emm8.8:m_m:_mnm:nman:_o:m_23m953Emum2_nc_m«_<nosm?mimq:mE..m0*Emxm:3: _<_c:_n.um_>_€o1...mmmom_.mu:_mmmE:m~oo:u_ma<<_EEmm>>‘mmm?m«3.:m:o:2;:Em>_:uo:.m mn_o_,ou_,_m.Hm>352xm?mwmsnm9%Emm__..n_.mmmma:63m.__3c.___..man. <<Em.mmm.U193._:_<~89Emumimm:3m_..mmQ<m3m:n_mn_Em>m..mm3m:nmm<mS_:333 ammuoza3Emno3_u_mx_:mm9.Em_<_mm.8«Em:.633uqonmmmhmag Ezmqmmm._.:_:_<~89Em_n>>Eiocmr.3mmmEm>_€o:m_u_mEQomaamQ<_mmn_2;:Em:.<m. <mm«_u>>mamamcuuoismEm>m_mm3m3Emam3m:am3«<QommocnQmnm2mm_%m3wm«mo.~89 miEm33$Em:msnmamm.33>3m_E3m3zo.m3Em>m«mm3m33..oncmo:no3_u_m::m EmSo}:mommmm«<3:3m_<n_omm9:Emm>>mama:mag SEm_.mmm.Emnm?mmm:vmmn:m::<smmozmnmmma>3m:Q3m3zo.u3Em>mqmm3m:nESEm: QmnmzismgEm">3m:..._3m320.wsaw:::mnmmmm«<.man:E3Em_um2_mm:m<m«225$ >3m..a3m..:zo.NmagEmwm<3:cmmmmu_:Em>m«mm3m3...mm3m:n_3m:G522$: >3m_a3m:n20.mmagEa>3m:Q3m320.m..25. <<:m«mmw.Em_um2_mmmmqmmEm?mmn:Emm.§E_3.3oE_mm:o:m3EmoEmaE32>32a3m3 zo.mSEEm»Emm>>mums”Emm:3m_<n_ommq9:manm:mmmw_m:3:1<<oEsaw:..:m_< \n_m__<mqmn_3Em_u>>N:o<<m<m52:m_E0130no3u_mnmEm_<_mm»m«Em:cuamnm«m3m_:m..man AGENDA ITEM #6. m) n>m.§.H~m.)3?m SEm«mmm~Em3.2.3Em<m833:3man._%.;_.._3Em<<o1AEm.nozmczmzn<<___umlozs3 mcuuo:EmQ23no_.:U_m::mEm_<_mm...m«Em:€33mm"mSam.now»8EmQ3omm~E.mm.m.oo. zO<<Emmmmoxm.:_m3c...cm__<mmammncue:Em»n>m-E-m~m_mmamzamnmm..o__o<<mu n.20>3m:n3m320.u.Emwm_m:0>3m:Q3m320.w8Em>m«mm3m:n.cue:Em mxmnczozow2%>3m:n_3m:rEm>m«mm3m:n5::nozum?2Emo1m_:m_mm«mm3m:nman .3>32a3mazom.H.N.m.A.m.9msgm. mnomm3<<o.._nmans: __ 2Em>m_.mm3m:vmnovm0*<<o1nHmzmmsmma8qmm?cnncwm EmmnoumomEm>m«mm3m3.m«m3m_:_:m<<o12m_umo_mom__<}m.u._Gm1HS.m__mmmumm?ma .3mxzgam->msgm.m\<<:_n_._m..mm.:mEmn_mamSnosmoqmnmaEm«m__._. 93_m:o:Umnm"._.:m..no3u_m:o:_umHm=onEm23"ummmo::m>m~mm3m3_mm3m:n_ma no..mn:._.mno_.:t_m:o:3nosmczmzmwSo}so_mnm«Em:Umnm3_mm«mm.88. no.32.35:_<_mEo%935.33EmmUmm:noaumsmmnmgSqm__20%33.3%no 33::am«Em>m«mm3m3.no3um:mm:o:8no_§_$33.So}_um_+o«3mn_ucacmz... 8£333mx:._u:m->Em::2mxnmmam~E,mmm.oo.mm:..m<cm.335»;U<SE.3 m?mnsmu$3.2.mm.3Em$3.:Em"E_mu..o<_m_o:no:2_n$<<_EEmo1m_:m__< mzzqumnmq_:3_mm:3um<3m333$owm3oc32Em>m..mm3m3man.3«m_mnmQ n3<w_o:m::n_cm_:m.E5:3:mnmmmm_.:<__3:8.8_>m«mm3m3mmnzoz<.__um<3m:n P.o<_m_o:m.:>m«mm3m:nmmnco:x_<52$<<o1n:mxzc:mp=mmmI_.c3uIxma\C::.= mag92% _ =_mm<3m3cue:._.m::_:m:o:om>m«mm3m3J.Emv8<_m_o:.32% >32a3m3Em__mo<m3. >__8230*Em>m«mm3m3:998:_..._<332.8:m«m_:Em:_.m3m_:.3E:3_.nmman mime»mznmen:amzdmEm__muu_<3So?umlowzmmamnnoaim3E;>3m:u3m:nmm3. E__<mm?3:::m«m_:. .2<<_._.zmmmExmmmomEm3&3Em<m<o_c3..m1_<msnmwmu38E?>3m:Q3m3mm9.Emqmnm _mmn£333Em3&2.cm_o<<. n_._.<onxmzqoznozmcE>z.. m<u_w<N Umam_.m<< _<_m<oq mnamo: <_nm_u1mmEm..: zo<m3cm«$5.85 UmnmUmnm _u>mm~o_uw AGENDA ITEM #6. m) n>m‘E.Em\>39m >....u3<mn_mm3rmmm_«oz: m<” mrmsm_<_o_o.._m< Q2>:o:._m< noz?mnn._.m3u_m.mcums:8:~\~oG :2wonw AGENDA ITEM #6. m) AB - 2533 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: Project Acceptance for the NE 31st Street Bridge Replacement Project Construction Contract with Hamilton Construction Co., CAG-18-001 RECOMMENDED ACTION: Council Concur DEPARTMENT: Transportation Systems Division STAFF CONTACT: Derek Akesson, Project Manager EXT.: 7337 FISCAL IMPACT SUMMARY: The original contract amount was $1,255,999.00 and the final contract amount is $1,176,940.19. This is a decrease of $79,058.81 due to a reduction in various bid item quantities and elimination of unused bid items. SUMMARY OF ACTION: The NE 31st Street Bridge Replacement Project contract was awarded to Hamilton Construction Co. on April 16, 2018. Construction began June 18, 2018. The project was physically completed on November 29, 2018. The project consisted of the removal of an existing two -span bridge approximately 22 feet wide by 32 feet long and construction of a new concrete precast, pre-stressed, voided slab single-span bridge spanning approximately 75 feet. The work included clearing, grubbing, excavation, grading, removal of pavement, sheet and round pile driving, forming and placement of concrete and rebar, placement and installation of concrete precast, pre-stressed, voided slab girders, paving, guardrail installation and property restoration. EXHIBITS: A. Notice of Completion of Public Works Contract STAFF RECOMMENDATION: Accept the NE 31st Street Bridge Replacement Project with Hamilton Construction Co. and authorize the release of the contract bond upon approval received from the Washington State Department of Labor and Industries, Employment Security and Department of Revenue. AGENDA ITEM #6. n) 2!Original Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date:December 9,2019 Contractor's UBI Number:409019076 ity o 'Assigned to: 1055 South Gradv Wav Renton,WA 98057 Date Assigned: UB1 Number:177000094 Notice is hereby given relative to the completion of contract or project described below project Name Contract Number Job Order Contracting NE 31st St Bridge Replacement CAG-18-001 Yes MNO Description of Work Done/Include Jobsite Address(es) Demolish/remove existing two span bridge and construct new concrete precast,prestressed voided slab bridge (single span)spanning 75-ft and founded on round steel pipe piles filled with rebar and concrete.Jobsite address: 2100 NE 31st Street,Renton,WA 98056 Federally funded transportation project?MYes No (if yes,provide Contract Bond Statement below) Contractor's Name E-mail Address Affidavit lD*cemaedpayroaushamiucom Contractor Address Telephone # Po.Box 659,Spring?e|d,OR 97477 If Retainage is not withheld,please select one of the following and List Surety's Name &Bond Number. Retainage Bond j Contract/Payment bond (valid for federally funded transportation projects) Name:Continental Casualty Company Bond Number:30028088 Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted April 16.2018 June 18,2018 November 29,2018 December 9,2019 Contract Amount $1,255,999.00 Additions (+)$9,200.00 Liquidated Damages $0.00 Reductions (-)$88,258.81 Amount Disbursed $1,176,940.19 Sub-Total $1,176,940.19 Amount Retained $0.00 Sales Tax Rate % (If various rates apply,please send a breakdown) Sales Tax Amount $0 00 TOTAL $T—*—j12594019 TOTAL $1,176,940.19 NOTE:These two totals must be e ual Note:The Disbursing Officer must submit this completed notice immediately after acceptance ofthe work done under tiiis contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certi?cates. Submitting Form:Please submit the completed form by email to all three agencies below. Contact Name:Natalie Wissbrod Title:Accounting Assistant IV Email Address:nwissbrod@rentonwa.gov Phone Number:425430-6919 Q DeP3_rtmentofRevenue 0 Washington State Dc-panmonxni Eztprggyr/nn:‘r‘1tSecuritY(C Ei%'i':i":;2:oS°°"°"é,?,E12:.ii‘:.1:'::“5"'e5 :4: PWC@dor.wa.g0V (855)5458163’Option #4 p ,Standards &Coordination UnitContractRe|ease@LNl.WA.GOV (360)9029450 pub|icworks@esd.wa.gov REV 31 00206 (10/26/15)F215-038-000 l0-2014 AGENDA ITEM #6. n) Addendum A:Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time.No L&I release will be granted until all affidavits are listed. UBI Number:(Required) 409019076 603226051 603462009 278033412 603194784 601301 145 601196371 601006854 . 602862253 603292186 602201004 602493962 602170975 602055938 578085430 604009710 578071688 Affidavit ID* 828871 856100 801103 827750 868737 893965 879130 858705 830509 900695 826235 81931 0 857917 892788 827331 836342 828839 Subcontractor's Name: American Concrete Company American Surveying and Environmental LLC Bruhn Logging &Tree Svc LLC Concrete Technology Corp Gerdau Reinforcing Steel Glacier Northwest DBA Ca|Port|and Green City Inc ICON Materials Janke Trucking Inc Jonnic Construction LLC Mike McC|ung Construction Co Ness Cranes Olson Brothers Pro-Vac LLC Paci?c Rim Serv/Const Co Inc Ralph's Concrete Pumping R&B Flagging Inc V.Van Dyke Inc For tax assistance or to request this document in an alternate format,please call 1-800-647-7706.Teletype (TTY)users may use the Washington Relay Service by calling 711. REV 31 00206 Addendum (10/26/15)F215-038-000 10-2014 AGENDA ITEM #6. n) AB - 2540 City Council Regular Meeting - 09 Dec 2019 SUBJECT/TITLE: LAG-XXX with Crescent Capital VIII, L.L.C. RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Casey Boatman, Airport Business Coordinator EXT.: 7478 FISCAL IMPACT SUMMARY: The annual income from LAG-XXX with Crescent Capital VIII, L.L.C., including a land component (22,450 square feet x $1.10 per share foot per year = $24,695/year; $2,057.91/month) and a building component (10,850 square feet x $9.15 per square foot per year = $99,277/year; $8,273.13/month), totaling $10,331.04 per month. SUMMARY OF ACTION: Crescent Capital VIII, L.L.C. and the City are in agreement on a short -term lease of the hangar portion of the former Leven Estate lease which expires on December 31, 2019. The lessee is currently a sub -tenant of Leven and applied via a competitive request for proposal process. They were selected based on the current status of the Airport Layout Plan which designates the parcel as “General Aviation.” Two other parties also applied through the same process but because the nature of their interest was “Man ufacturing,” they were not selected. Both parties are in agreement of a short-term, 3-year lease because of the uncertainty of the conclusion of the Airport Master Plan, which may result in modifications to the hangar building and possible reclassificat ions of the parcels from “General Aviation,” to “Manufacturing,’ in the new Airport Layout Plan. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the short -term lease with Crescent Capital VIII, L.L.C., resulting in annual revenue of $123,972.48. AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 1 SHORT-TERM LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) THIS SHORT-TERM LEASE AGREEMENT (hereinafter “Lease”) is made and entered into this day of , 20__, by and between THE CITY OF RENTON, a Washington municipal corporation (hereinafter "Landlord" or the “City”), and Crescent Capital VIII, L.L.C., a Washington limited liability company (hereinafter “Tenant”). Recitals A. This Lease concerns the hangar building together with its associated premises within the parcel located near the southwest corner of the Renton Municipal Airport (“Airport”); the premises are defined as the “Premises” in Section 1.b of this Lease. The Premises, and one additional Airport parcel, were subject to a long-term lease agreement between Landlord and Bruce J. Leven, which lease was filed under City file number LAG-88-001 (also, sometimes referred to as LAG-001-88, but hereinafter “LAG-88-001”). The two parcels subject to LAG-88- 001 were known as the “West Side Office Property”and the “East Side Air Park Tie-down.” For the sake of clarity, the Premises at issue in this lease agreement consist of a portion of only the “West Side Office Property.” B. LAG-88-001 became effective on January 1, 1988, and as a result of several lease amendments, it carried an initial termination date of December 31, 2019, with an option for Mr. Leven to extend for an additional 10 years (to December 31, 2029). C. In 2017, Mr. Leven passed away. Thus, in 2018, Landlord and the Estate of Bruce J. Leven (the “Estate”) executed an amendment to LAG-88-001 recognizing the Estate as the holder of the LAG-88-001 leasehold interest. D. In late October 2019 – only slightly more than two months before LAG-88-001’s initial termination date of December 31, 2019 – the Estate elected to not exercise the option to extend LAG-88-001’s termination date by 10 years. E. As a result, because Tenant is a subtenant of the Estate’s lease, the termination on December 31, 2019 of LAG-88-001 would cause Tenant to lose its rights to occupy the Premises with little more than two months’ notice. Of the parcels subject to LAG-88-001, Landlord has interests in the office building and its surrounding premises within the West Side Office Property and in the East Side Air Park Tie-down immediately reverting to Landlord. Landlord does not have interests in immediate reversion of the hangar building and its surrounding premises within the West Side Office Property. F. Meanwhile, for several years, the Airport has been undergoing the process to update its Airport Master Plan and its accompanying Airport Layout Plan as is required by the Federal AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 2 Aviation Administration (“FAA”). The process has been delayed and complicated by numerous factors. G. One of the factors was the length of time required to arrive at a decision as to the FAA’s “airport reference code” for the Airport. Ultimately, the FAA determined that the Airport would move from a B-II to a D-III airport reference code. This determination results in, among other impacts, a widening of the required clear area known as the Runway Object Free Area (or, ROFA) that straddles the Airport’s runway center line. The widened ROFA line runs through multiple existing Airport leaseholds, including the Premises. H. One of the effects of the widened ROFA is that the amount of future leasable space on the Airport is dramatically reduced. The severity of the impacts is still being evaluated and varies among the Airport’s parcels, with some current parcels potentially losing office space, hangar space, tiedown space, and/or maneuvering areas. I. The loss of space and variation of impacts related to the widened ROFA is causing Landlord to take additional time in the Airport Master Plan and Airport Layout Plan update process to consider, among other things, the future land use designation of each parcel on the Airport. For example, on the current Airport Layout Plan, the Premises’ land use designation is “General Aviation.” When the Airport Master Plan and Airport Layout Plan update process is complete, it is possible that the Premises will still hold a General Aviation land use designation, but it is also possible that the Premises could be re-designated to a “Manufacturing” land use designation or to some other land use designation. Currently, the future land use designation for the Premises and for all parcels on the Airport is unknown, and Landlord remains actively engaged in Airport-wide planning considerations. J. As to the Premises, the unknown future land use designation of the Parcel at this stage of the Airport Master Plan and Airport Layout Plan update process cautions Landlord against offering the Premises for any period other than a short-term lease, with additional termination rights held by Landlord. K. In addition to the issue of the unknown future land use designation, the Premises are further impacted by the widened ROFA in that the easternmost portion of the existing hangar building on the Premises is now located within the ROFA such that the building must likely be altered at some point. The Airport does not have the funding budgeted to alter the building itself in the short-term. Although Landlord anticipates that it will require a long-term tenant of the Premises to alter the building, Landlord is not ready for a long-term lease for the reasons described above. Landlord and Airport have concluded that the Premises would lie economically fallow (unleased) if Landlord were to attempt to include the requirement to alter the building in a short-term lease. AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 3 L. For the above reasons, Landlord has concluded that the Premises should be let on a short- term basis, allowing only those uses that are consistent with the Premise’s existing General Aviation land use designation, and with the existing hangar building remaining as-is for the duration of such short-term lease. Landlord finds that a short-term lease of three (3) years reasonably predicts the timeline for reaching an appropriate stage of certainty in the Airport Master Plan and Airport Layout Plan update process. M. The Airport received only three leasing proposals stating interest in the Premises for a period beginning January 1, 2020 (the date after LAG-88-001 terminates). Two of those proposals seek to use the Premises for manufacturing uses that are not consistent with the Premises’ current General Aviation land use designation. As described above, due to the stage of the Airport Master Plan and Airport Layout Plan update, Landlord will only allow a short-term lease for uses consistent with the Premises’ current General Aviation land use designation. The third proposal was submitted by Tenant, and it seeks to lease the premises for a short-term period, maintaining the General Aviation uses expressly allowed under LAG-88-001. N. In conclusion, Landlord has deemed Tenant’s proposal as the only proposal for the Premises that is currently viable given the Airport Master Plan and Airport Layout Plan update status. Landlord seeks to lease the Premises to Tenant on a short-term basis as set forth below. Agreement In consideration of the covenants and agreements set forth in this Lease and incorporating the foregoing Recitals, Landlord and Tenant agree as follows: 1. GRANT OF LEASE: 1.a. Documents of Lease: The following document constitutes this Lease, together with: Exhibit A – Reference Map and Reference Legal Description Exhibit B – Lease Map Depiction Exhibit C – Aircraft Laws and Regulations, RCW 47.68.250: Public Highways and Transportation 1.b. Legal Description: Landlord hereby leases to Tenant, and Tenant leases from Landlord for the term described in Section 3 below, that portion of the Airport parcel known as 250 West Perimeter Road, Renton, Washington that is located outside of the newly-widened ROFA, known as Airport parcel no. 250, and occupied with one hangar building, as more fully described and shown on Exhibit “A” (reference map and reference legal description of entire West Side Office Property as that parcel was leased to the Estate under LAG-88-001) and Exhibit “B” (lease map depiction of the approximately 22,450-square foot portion of the West Side Office Property that is subject to this Lease), which are attached hereto and incorporated herein by this AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 4 reference (hereinafter, the area shown on Exhibit “B”, including the entire hangar building located thereon is the "Premises"). 1.c. Common Areas: Tenant, and its Authorized Representatives, subtenants, assignees, and licensees, shall have the right to use, in common with others, on a non-exclusive basis and subject to the Airport Regulations and Minimum Standards (as they may be amended from time to time) pursuant to Section 8(e) below, the public portion of the Airport, including the runway and other public facilities provided thereon. 1.c.(1). Notwithstanding anything in this Lease to the contrary, Landlord acknowledges that direct access to the taxiways and runway from the Premises is essential to the conduct of Tenant’s business on the Premises and, except during construction activities occurring on the taxiways, runway or weather related events, Landlord shall ensure that Tenant and its representatives, subtenants, assignees, agents, invitees, and licensees have direct access to the taxiways and runway at all times during the term as described in Section 3 below. 2. CONDITIONS: 2.a. Specific Conditions: This Lease, and Tenant’s rights and permitted uses under this Lease are subject to the following: 2.a.(1). The Airport Regulations and Minimum Standards pursuant to Section 8(e) of this lease agreement, including Landlord's standards concerning operation of public aviation service activities from the Airport; and 2.a.(2). All such non-discriminatory charges and fees for such use of the Airport as may be established from time to time by Landlord. 2.b. No Conveyance of Airport: This Lease 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 Landlord reserves the absolute 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. 2.c. Nature of Landlord's Interest: It is expressly understood and agreed that Landlord holds and operates the Airport and the Premises under and subject to a grant and conveyance thereof to Landlord 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 Landlord 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 AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 5 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 Tenant 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, its Term (as described in Section 3 below), or any conditions or provisions of this Lease are 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, Landlord in favor of Tenant, provided that Landlord does not exceed its authority under the foregoing legislation, rules and regulations and provided further that, in the event that this Lease is modified or superseded by such legislation, rules, regulations, contingencies or risks, all compensation payable to the Landlord for a third party’s use of the improvements during the Term (as described in Section 3 below) shall be paid to the Tenant, its successors or its assigns. 2.d. Airport Master Plan and Airport Layout Plan Update. Tenant acknowledges that Landlord is in the process of updating its Airport Master Plan and Airport Layout Plan, and that in the event of any conflict between the terms of this Lease and requirements imposed on Landlord as a result of progress on the Airport Master Plan and Airport Layout Plan update, the latter shall take precedent and subject to Tenant to modification or termination of this Lease at Landlord’s sole discretion. Landlord’s early termination rights and entitlement to related indemnification are further set forth in Sections 3.b and 3.c of this Lease. 2.e. Future Development/Funding: Nothing contained in this Lease shall operate or be construed to prevent or hinder the future development, improvements, or operation of Airport by Landlord, its agents, successors or assigns, or any department or agency of the State of Washington or 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 Airport, but Landlord’s exercise of such rights shall not unreasonably interfere with Tenant’s rights under this Lease. 2.f. Cleaning of Catch Basins and Oil/Water Separators: At Tenant’s cost, Tenant shall routinely inspect, and clean and remove all sediment and other debris from, the catch basins and oil/water separators on the Premises. In doing so, Tenant shall comply with all applicable federal, state, and local laws and regulations. Tenant shall provide Landlord with documentation of inspection, cleaning, and removal. 3. TERM AND TERMINATION: 3.a. Term: The term of this Lease (the “Term”) as to the Premises shall be for a three (3) year period commencing on January 1, 2020 (hereinafter “Commencement Date”), and terminating on December 31, 2022. AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 6 3.b. Landlord’s Early Termination Rights. Notwithstanding this Lease’s three-year term set forth in Section 3.a above, this Lease is subject to Landlord’s early termination rights set forth in this Section 3.b. In Landlord’s sole discretion, Landlord may terminate this Lease at any time upon no less than 90 (ninety) days’ advance notice to Tenant upon the occurrence of any one or more of the following events: (1) any division or office of the FAA (including, but not limited to, the FAA Seattle Airport Districts Office) informs Landlord in writing that any provision of this Lease conflicts with any federal law (including but not limited to Airport Grant Assurances), regulation, standard, order, or guidance document with which the Airport must comply or upon which the Airport’s eligibility for grant funding depends in whole or part; (2) the commencement of (or Landlord’s receipt of a credible threat of the commencement of) a Part 13 Complaint process (14 CFR 13.1, et seq.) challenging the Lease in whole or part; or (3) the commencement of (or Landlord’s receipt of a credible threat of the commencement of) a Part 16 Complaint process (14 CFR 16.1, et seq.) challenging the Lease in whole or part. Tenant shall have no recourse against Landlord for Landlord’s exercise of its early termination rights. 3.c. Indemnification Relating to Early Termination Rights. Tenant shall fully indemnify and hold Landlord harmless for the first $20,000 (twenty thousand dollars) in damages and costs (including attorney fees) Landlord incurs in defending against a Part 13 Complaint and/or a Part 16 Complaint challenging this Lease in whole or part. 4. RENT/FEES/CHARGES: 4.a. Minimum Monthly Rent: Tenant shall pay to Landlord a Minimum Monthly Rent in the sums listed below, PLUS Leasehold Excise Tax as described in Section 5, below, without deduction, offset, prior notice or demand, payable promptly in advance on the first day of each and every month. All such payments shall be made to the City of Renton, Attention: Fiscal Services, 1055 South Grady Way, Renton, Washington 98057. The Minimum Monthly Rent, beginning on the Commencement Date, is computed as follows: Monthly Rental – Land Component 22,450 square feet x $1.10 per square foot per year = $24,695/year; $2,057.91/month Monthly Rental – Building Component 10,850 square feet x $9.15 per square foot per year = $99,277/year; $8,273.13/month Monthly Total (Minimum Monthly Rent) $10,331.04 4.b. Annual Rental Adjustment: The Monthly Rent shall be subject to an automatic increase of one and one-half percent (1.5%) on each anniversary of the Commencement Date as follows: AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 7 On the first anniversary of the Commencement Date, the Monthly Rent shall be automatically increased to one hundred one and one-half percent (101.5%) of the Minimum Monthly Rent. On the second and all subsequent anniversaries of the Commencement Date, the Monthly Rent shall be automatically increased to one hundred one and one-half percent (101.5%) of the prior year’s Monthly Rent. 4.c. Late Payment Charge: If any Rent is not received by Landlord from Tenant by the tenth (10th) business day after such Rent is due, Tenant shall immediately pay to Landlord a late charge equal to five percent (5%) of the amount of such Rent. Should Tenant pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of Rent, Landlord’s acceptance of this late charge shall not constitute a waiver of Tenant’s default with respect to Tenant’s nonpayment nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law. If any check received by Landlord from Tenant is returned unpaid for any reason, Landlord reserves the right to charge, and Tenant agrees to pay, an additional charge up to the maximum amount allowed by law. Landlord’s acceptance of this additional charge shall not constitute a waiver of Tenant’s default with respect to Tenant’s returned check nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease or under law. Unpaid amounts of rent, late charges, or additional charges shall bear interest at the rate of twelve (12%) percent per annum until paid. 4.d. Other Fees and Charges: Tenant shall pay, in addition to the Monthly Rent and other charges identified in this Lease, all non-discriminatory fees and charges now in effect or hereafter levied or established by Landlord or charged against the Premises and against other similarly situated Tenants at the Airport by Landlord, or levied or established by, or against the Premises 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 Tenant of, on, and from the Premises, including without limitation, Aircraft Rescue and Fire Fighting or services rendered to the Tenant or the Premises. 5. LEASEHOLD EXCISE TAX: Tenant shall pay to Landlord the leasehold excise tax as established by RCW Chapter 82.29A, as amended, or any replacement thereof, which tax shall be in addition to the Monthly Rent and other charges payable under this Lease and shall be paid at the same time the Monthly Rent is due. If 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 estate described herein, then Tenant shall pay such tax or charge when due. Such tax or charge shall be in addition to the Monthly Rent and other taxes or charges payable under this Lease. 6. PAYMENT OF UTILITIES AND RELATED SERVICES. Tenant shall pay for all utilities and services used in the Premises, including without limitation electricity, gas, water, sewer, AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 8 garbage removal, janitorial service, and any other utilities and services used in the Premises. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption, or failure of any utility services due to any cause whatsoever, except, and only to the extent caused by, Landlord’s negligence. Landlord shall not be liable for temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accident, strike, act of God, or conditions or events not under Landlord's control. Temporary interruption or failure of utility services shall not be deemed a breach of the Lease or as an eviction of Tenant, or relieve Tenant from any of its obligations hereunder. 7. TENANT'S ACCEPTANCE OF PREMISES: By occupying the Premises, Tenant formally accepts the Premises in “AS IS” condition, and acknowledges that the Landlord 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 Date. Tenant hereby accepts the Premises subject to all applicable zoning, federal, state, county and municipal 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. Tenant acknowledges that, except as otherwise provided in this Lease, neither Landlord nor Landlord's agents have made any representation or warranty as to the suitability of the Premises for the conduct of Tenant's business or use. Except as otherwise provided herein, Landlord warrants Tenant's right to peaceably and quietly enjoy the Premises without any disturbance from Landlord, or others claiming by or through Landlord. TENANT ACKNOWLEDGES THAT A PORTION OF THE HANGAR BUILDING LOCATED ON THE PREMISES IS WITHIN THE NEWLY-WIDENED ROFA, AS IS APPROXIMATED IN EXHIBIT “B;” TENANT AGREES THAT NO PORTION OF THAT BUILDING WITHIN THE ROFA MAY BE REBUILT, REPLACED, OR RESTORED IN THE EVENT OF LOSS UNLESS PRIOR WRITTEN CONSENT IS GIVEN BY THE FEDERAL AVIATION ADMINISTRATION AND LANDLORD. 8. USE OF PREMISES: 8.a. Use of Premises: The Premises are leased to the Tenant for the following described purpose and use necessary to said purpose: Operation of aircraft storage facilities. 8.b. Continuous Use: Tenant covenants that the Premises shall be continuously used for the use and purpuose stated in Section 8.a during the Term, shall not be allowed to stand vacant or idle, subject to reasonable, temporary interruptions for maintenance, construction, or other purposes, and shall not be used for any other purpose without Landlord’s prior written consent. Consent of Landlord to other types of aviation activities will not be unreasonably withheld. 8.c. Non-Aviation Uses Prohibited: Tenant agrees that the Premises may not be used for uses or activities that are not related, directly or indirectly, to aviation. AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 9 8.d. Advertising: No advertising matter or signs shall be displayed on the Premises, at any time, without the prior written approval of Landlord, which approval will not be unreasonably withheld. 8.e. Conformity with Laws, Rules and Regulations: Tenant shall comply with applicable federal, state, county and municipal laws, ordinances and regulations concerning Tenant’s use of the Premises. Tenant shall keep and operate the Premises and all structures, improvements, and activities in or about the Premises in conformity with the Airport Regulations and Minimum Standards and other reasonable rules and regulations now or hereafter adopted by Landlord, provided that all such Airport Regulations and Minimum Standards and other rules adopted hereafter are non-discriminatory, all at Tenant’s cost and expense. 8.f. Waste; Nuisance; Illegal Activities: Tenant shall 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. 8.g. Increased Insurance Risk: Tenant shall 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 at the Airport. 8.h. Hazardous Waste: 8.h.(1). Tenant’s Representation and Warranty: Tenant shall not dispose of or otherwise allow the release of any Hazardous Substances in, on or under the Premises, the Airport, or any tenant improvements or alterations placed on the Premises by Tenant. Tenant represents and warrants to Landlord that Tenant’s intended use of the Premises does not and will not involve the use, production, disposal or bringing on to the Premises of any Hazardous Substances other than fuels, lubricants and other products which are customary and necessary for use in Tenant’s ordinary course of business, provided that such products are used, stored and disposed of in accordance with applicable laws and manufacturer’s and supplier’s guidelines. Tenant shall promptly comply with all laws and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, collection, treatment, disposal, storage, control, removal or cleanup by Tenant of Hazardous Substances, in, on or under the Premises, or incorporated in any improvements or alterations made by Tenant to the Premises, at Tenant’s sole cost and expense. 8.h.(2). Standard of Care: Tenant agrees to use a high degree of care to be certain that no Hazardous Substances are released or disposed or improperly used in, on or under the Premises during the Term by Tenant, or its Authorized Representatives or assigns, or are released or disposed or improperly used on the Premises by the act of any third party. 8.h.(3). Tenant’s Non-Compliance: In the event of non-compliance by Tenant, after notice to Tenant and a reasonable opportunity for Tenant to effect such compliance, Landlord AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 10 may, but is not obligated to, enter upon the Premises and take such actions and incur such costs and expenses to effect such compliance with laws as it deems advisable to protect its interest in the Premises, provided, however that Landlord shall not be obligated to give Tenant notice and an opportunity to effect such compliance if (i) such delay might result in material adverse harm to the Premises or the Airport, or (ii) an emergency exists. Tenant shall reimburse Landlord for the full amount of all costs and expenses incurred by Landlord in connection with such compliance activities and such obligation shall continue even after expiration or termination of the Term. Tenant shall notify Landlord immediately of any release of any Hazardous Substances in, on or under the Premises. 8.h.(4). Indemnity: 8.h.(4)(a). Landlord shall have no responsibility to the Tenant, or any other third party, for removal or remedial action under Chapter 70.105D RCW, or any other federal, state, county or municipal laws, in the event of a release of or disposal of any Hazardous Substances in, on or under the Premises during the Term that are caused by Tenant. Tenant shall defend, indemnify and hold harmless Landlord, its officials, employees, agents and contractors (hereinafter “City Indemnitees”) from any claims, obligation, or expense (including, without limitation, third party claims for personal injury or real or personal property damage), actions, administrative proceedings, judgments, penalties, fines, liability, loss, damage, obligation or expense, including, but not limited to, fees incurred by the Landlord or City Indemnitees for attorneys, consultants, engineers, damages, environmental resource damages, and removal or remedial action under Chapter 70.105D RCW or other remediation, arising by reason of the release or disposal of any Hazardous Substances in, on or under the Premises during the Term that are caused by Tenant. The Parties agree that the provisions of this Section 8.h.(4)(a) do not waive or limit any contribution or recovery rights that Landlord may have against Tenant relating to or arising from the release or disposal of any Hazardous Substances in, on or under the Premises during the Term that are not caused by Tenant. 8.h.(4)(b). Tenant shall have no responsibility to the Landlord, or any other third party, for removal or remedial action under Chapter 70.105D RCW, or other federal, state, county or municipal laws, nor shall Tenant have any other liability or responsibility of any kind, in the event of the presence, release, or disposal of any Hazardous Substance on, in, or under the Premises unless such presence, release, or disposal of any Hazardous Substance was caused by Tenant. Landlord shall defend, indemnify and hold harmless Tenant, and their, owners, directors, officers, agents, employees, and contractors (collectively, “Indemnitees”) from any claims (including without limitation third party claims for personal injury or real or personal property damage), actions, administrative proceedings, judgments, penalties, fines, liability, loss, damage, obligation or expense, including, but not limited to, fees incurred by Tenant or any Indemnitee for attorneys, consultants, engineers, damages, environmental resource damages, and removal or remedial action under Chapter 70.105D RCW or other remediation, arising from or in connection with the presence, suspected presence, release or suspected release of any AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 11 Hazardous Substances in, on or under the Premises that is not caused, in whole or in part, by Tenant or the Indemnitees. 8.h.(4)(c). The provisions of this Subsection 8.h.(4) shall survive the expiration or termination of the Term. No subsequent modification or termination of this Lease by agreement of the Parties or otherwise shall be construed to waive or to modify any provisions of this Section unless the modification or termination agreement or other binding document expressly so states in writing. 8.h.(5). Dispute Resolution: In the event of any dispute between the Parties concerning whether any Hazardous Substances were brought onto the Premises by Tenant, or whether any release of or disposal of any Hazardous Substance was caused by Tenant, the Parties agree to submit the dispute for resolution by arbitration upon demand by either Party. Landlord and Tenant do hereby agree that the arbitration process shall be limited to not more than one hundred fifty (150) calendar days, using the following procedures: 8.h.(5).a. Landlord shall select and appoint one arbitrator and Tenant 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 Section 8.h.(5), and both arbitrators to be environmental consultants with experience in the identification and remediation of Hazardous Substances. Landlord and Tenant shall each notify the other of the identity of their arbitrator and the date of the postmark or personal delivery of the letter shall be considered the date of appointment. Each Party shall bear the cost of the arbitrator named by it. 8.h.(5).b. The two appointed arbitrators shall meet, and shall make their decision on the dispute in writing within thirty (30) days after the date of their appointment. If the appointment date for either arbitrator is later than the other, the latter date shall be the appointment date for purposes of the thirty (30) day deadline. 8.h.(5).c. If the two arbitrators are unable to agree on a decision on the dispute within a period of thirty (30) days after such appointment, they shall, within a period of thirty (30) days after the first thirty (30) day period, select a third arbitrator who is an environmental consultant with experience in the identification and remediation of Hazardous Substances. If such third arbitrator has not been selected or if such third arbitrator has not accepted such appointment within such thirty (30) day period, either of the two arbitrators, Landlord, or Tenant may apply to the head of the Seattle office of the American Arbitration Association to appoint said third arbitrator. 8.h.(5).d. The three arbitrators shall have thirty (30) days from the date of selection of the third arbitrator to reach a majority decision unless the time is extended by agreement of both Parties. The decision of the majority of such arbitrators shall be final and binding upon the Parties. AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 12 8.h.(5).e. The three arbitrators shall make their decision on their dispute in writing within sixty (60) days after the third arbitrator’s 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. The Parties shall bear equally the cost of the third arbitrator. 8.i. Aircraft Registration Compliance: The Tenant is hereby notified of the Washington State law concerning aircraft registration and the requirement that the Tenant comply therewith. See Exhibit C (“Aircraft Laws and Regulations, RCW 47.68.250 Public Highways and Transportation”). 8.i.(1). Tenant 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 Tenant, and sufficient forms will be submitted to identify all aircraft owned by the Tenant and the current registration status of each aircraft. If an aircraft is unregistered, an unregistered aircraft report shall also be completed and submitted to the Airport Manager. 8.i.(2). Tenant shall require from an aircraft owner proof of aircraft registration or proof of intent to register an aircraft as a condition of subleasing tie-down or hangar space for an aircraft. Tenant shall further require that annually, thereafter, each aircraft owner using the Tenant’s Premises submit a report of aircraft status, or, if an aircraft is unregistered, an unregistered aircraft report. Tenant shall annually, during the month of January, collect the aircraft owners’ reports and submit them to the Airport Manager. 9. MAINTENANCE: 9.a. Maintenance of Premises: The Premises and all of the improvements or structures thereon and authorized by the Landlord for use by the Tenant, shall be used and maintained by Tenant in an operable, neat, orderly, and sanitary manner. Tenant 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 Tenant’s activities or having been deposited upon the Premises from other areas. Tenant shall maintain in good condition and repair the Premises, subject to ordinary wear and tear, including, the interior walls, floors, and any interior portions of all doors, windows, and glass, parking areas, landscaping, fixtures, heating, ventilating and air conditioning, including exterior mechanical equipment. Tenant shall make all repairs, replacements and renewals, whether ordinary or extraordinary, anticipated or unforeseen, that are necessary to maintain the Premises in the condition required by this Section, subject to the limitations set forth in Section 7, above. Landlord will be responsible for plumbing and sewage facilities within the building or under the floor slab including free flow up to the main sewer line, utility facilities, exterior utility facilities, and exterior electrical equipment serving the Premises. AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 13 9.b. Removal of Snow/Floodwater/Mud: Tenant shall be responsible for removal from the Premises, all snow and/or floodwaters or mud deposited, with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Landlord upon the public areas of the Airport. 9.c. Maintenance, Repair and Marking of Pavement: Tenant shall be responsible for, and shall perform, the maintenance, repair and marking (painting) of pavement surrounding the buildings within and on the Premises. Such maintenance and repair shall include, as a minimum, crack filling, weed control, slurry seal and the replacement of unserviceable concrete or asphalt pavements, as necessary. To the degree the concrete and asphalt pavements are brought to FAA standards at any time during the Term of this Lease, Tenant shall maintain the concrete and asphalt pavements in such condition. 9.d. Right of Inspection: Tenant will allow Landlord or Landlord’s agent, free access at all reasonable times to the Premises for the purpose of inspection, or for making repairs, additions or alterations to the Premises, or any property owned by or under the control of Landlord. Landlord shall provide ten (10) days’ advance notice of any such inspection and use reasonable efforts not to interfere with Tenant’s use of the Premises during any such inspection. 9.e. Landlord May Perform Maintenance: If Tenant fails to perform Tenant's obligations under this section, Landlord may at its option (but shall not be required to) enter the Premises, after thirty (30) days' prior written notice to Tenant, except in the event of an emergency when no notice shall be required, 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 Landlord together with Tenant's next installment of Rent. 10. ALTERATIONS: 10.a. Protection from Liens: Before commencing any work relating to alterations, additions and improvements affecting the Premises (“Work”), Tenant shall notify Landlord in writing of the expected date of commencement of the Work. Tenant shall pay, or cause to be paid, all costs of labor, services and/or materials supplied in connection with any Work. Tenant shall keep the Premises free and clear of all mechanics' materialmen's liens or any other liens resulting from any Work. Tenant shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Landlord, it procures and records a lien release bond issued by a responsible corporate surety in an amount sufficient to satisfy statutory requirements therefor in the State of Washington. Tenant shall promptly pay or cause to be paid all sums awarded to the claimant on its suit, and, in any event, before any execution is issued with respect to any judgment obtained by the claimant in it suit or before such judgment becomes a lien on the Premises, whichever is earlier. If Tenant shall be in default under this Section, by failing to provide security for or satisfaction of any mechanic’s or other liens, then Landlord may, at its AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 14 option, and after written notice and opportunity to cure is given to Tenant, in addition to any other rights or remedies it may have, discharge said lien by (i) paying the claimant an amount sufficient to settle and discharge the claim, (ii) procuring and recording a lien release bond, or (iii) taking such other action as Landlord shall deem necessary or advisable, and, in any such event, Tenant shall pay as Additional Rent, on Landlord’s demand, all reasonable costs (including reasonable attorney fees) incurred by Landlord in settling and discharging such lien together with interest thereon at the rate of twelve (12%) percent per year from the date of Landlord’s payment of said costs. Landlord’s payment of such costs shall not waive any default of Tenant under this Section. 10.b. Bond: At any time Tenant either desires to or is required to make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise, Landlord may at its sole option require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord 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 Landlord against liability for mechanics and materialmen's liens and to insure completion of the work. 10.c. Landlord May Make Improvements: Tenant agrees that Landlord may, at its option and at its expense, make repairs, alterations or improvements which Landlord may deem necessary or advisable for the preservation, safety or improvement of utilities or Airport infrastructure on the Premises, if any. Landlord shall provide ten (10) days’ advance notice of any such work and use reasonable efforts to not interfere with Tenant’s use of the Premises during any such work. 11. IMPROVEMENTS: As further consideration for this Lease, it is agreed that upon the expiration or termination of the Term, all structures and any and all improvements of any character whatsoever installed on the Premises (except for any fuel tanks and related structures owned by Tenant) shall be and become the property of the Landlord, and title thereto shall automatically pass to Landlord at such time, and none of such improvements now or hereafter placed on the Premises shall be removed therefrom at any time without Landlord’s prior written consent. During the Term, Tenant shall hold title to all improvements placed by Tenant on the Premises. Tenant covenants and agrees that Tenant will pay and satisfy in full all outstanding liens, or other debts, affecting or encumbering such improvements before transfer of ownership of such improvements to Landlord upon the expiration or termination of the Term. Alternatively, Landlord may, at its option, require Tenant, concurrently with the expiration or termination of the Term, to remove any and all improvements and structures installed by Tenant, and repair any damage caused thereby, at Tenant’s expense. 12. EXEMPTION OF LANDLORD FROM LIABILITY. Landlord or Landlord’s agents shall not be liable for injury to persons or to Tenant’s business or loss of income therefrom or for damage which may be sustained by the person, goods, wares, merchandise or property of Tenant, its Authorized Representatives, or any other person in or about the Premises, caused by or resulting AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 15 from (a) fire, electricity, gas, water or rain which may leak or flow from or into any part of the Premises, (b) any defect in or the maintenance or use of the Premises, or any improvements, fixtures and appurtenances thereon, (c) the Premises or any improvements, fixtures and appurtenances thereon becoming out of repair, (d) the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, heating, ventilating or air conditioning or lighting fixtures of the Premises, (e) flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or (f) any act or omission of any other tenant or occupant of the building in which the Premises are located, or their agents, servants, employees, or invitees, provided, that the foregoing exemption shall not apply to losses to the extent caused by Landlord’s or its agents’, contractors’, or employees’ negligence or willful misconduct. 13. INDEMNITY AND HOLD HARMLESS: Tenant shall defend, indemnify and hold harmless Landlord against any and all claims arising from (a) the Tenant’s (or any of its agents’, contractors’, patrons’, customers’, employees’, invitees’, and or subtenants’) 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 Term, or (b) any act or negligence or willful misconduct of the Tenant or any of its agents, contractors, patrons, customers, employees, invitees, or subtenants, or (c) 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 Term in, on, 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 Landlord by reason of any such claim, except to the extent caused by the sole negligence of Landlord, its agents, contractors, employees, or its Authorized Representatives. Notwithstanding the foregoing, Tenant’s indemnity shall not apply to claims arising from aviation activities of its patrons, customers, subtenants, or invitees. Tenant, on notice from Landlord, shall resist or defend such action or proceeding forthwith with counsel reasonably satisfactory to, and approved by, Landlord. Landlord shall indemnify, defend, and hold Tenant harmless from and against any and all claims, losses, damages, costs, attorney’s fees, expenses, and liabilities arising from the negligence or willful misconduct of Landlord or any of its or Authorized Representatives. On notice from Tenant, Landlord, at Landlord’s expense, shall defend any such action or proceeding forthwith. The indemnity in this Section shall not apply to Hazardous Substances, which is addressed elsewhere in this Lease. 14. ASSIGNMENT & SUBLETTING: 14.a. Assignment/Subletting: Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease any part or all of the Premises, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. Any assignment, encumbrance or sublease, whether by operation of law or otherwise, without Landlord’s consent shall be void and shall constitute a default by Tenant under this Lease. No consent to any assignment or sublease shall constitute a waiver of the provisions of this AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 16 Section and no other or subsequent assignment or sublease shall be made without Landlord’s prior written consent. Before an assignment or sublease will be approved, the proposed assignee or subtenant must comply with provisions of the then current Airport Leasing Policies, including, but not limited to the “Analysis of Tenant’s Financial Capacity,” independent of Tenant’s compliance or Financial Capacity. Consent shall not be unreasonably withheld, conditioned, or delayed. In the case of an assignment of the full leasehold interest and/or complete sale of the stock or other interests in the entity constituting Tenant and concomitant transfer of ownership of said entity, (a) in the case of an assignment, the proposed assignee shall deliver to Landlord a written instrument duly executed by the proposed assignee stating that it has examined this Lease and agrees to assume, be bound by and perform all of Tenant’s obligations under this Lease accruing after the date of such assignment, to the same extent as if it were the original Tenant, and (b) in the case of a stock transfer, Transferee shall deliver a written acknowledgment that it shall continue to be bound by all the provisions of this Lease after the transfer. Except in the case of an assignment of the full leasehold interest, any assignment permitted herein will not relieve Tenant of its duty to perform all the obligations set out in this Lease or addenda hereto. In no event will the assignment of the full leasehold interest or the complete sale of the stock or other interests in the entity constituting Tenant and concomitant transfer of ownership of said entity cause an extension of the Term of this Lease. 14.b. Conditions to Assignment or Sublease: Tenant agrees that any instrument by which Tenant assigns or sublets all or any portion of the Premises shall (i) incorporate this Lease by reference, (ii) expressly provide that the assignee or subtenant may not further assign or sublet the assigned or sublet space without Landlord’s prior written consent (which consent shall not, subject to Landlord’s rights under this Section, be unreasonably withheld, conditioned, or delayed), (iii) acknowledge that the assignee or subtenant will not violate the provisions of this Lease, and (iv) in the case of any assignment, acknowledge that Landlord may enforce the provisions of this Lease directly against such assignee. If this Lease is assigned, whether or not in violation of the terms and provisions of this Lease, Landlord may collect Rent from the assignee. Acceptance of Rent by the Landlord shall not be a waiver of any of Landlord’s remedies against Tenant for violation of provisions of this Lease. A subtenant may cure Tenant’s default. In either event, Landlord shall apply the amount collected from the assignee or subtenant to Tenant’s obligation to pay Rent under this Lease. 14.c. No Release of Tenant's Liability: Neither an assignment or subletting nor the collection of Rent by Landlord from any Person other than Tenant, nor the application of any such Rent as provided in this Section shall be deemed a waiver of any of the provisions of this Section or release Tenant from its obligation to comply with the terms and provisions of this Lease and Tenant shall remain fully and primarily liable for all of Tenant’s obligations under this Lease, including the obligation to pay Rent under this Lease, unless Landlord otherwise agrees in writing. Notwithstanding the foregoing, in the event that Landlord’s consent to assignment is obtained AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 17 for a complete assignment and Assignee agrees in writing to assume all of the obligations and liabilities of this Lease accruing after such assignment, Tenant shall be relieved of all liability arising from this Lease and arising out of any act, occurrence or omission occurring after Landlord’s consent is obtained. To the extent that any claim for which indemnification of the Landlord (including with respect to Hazardous Substances) arises after Tenant’s complete assignment for conduct predating said assignment, the Tenant shall not be relieved of obligations or liability arising from this Lease. 14.d. Documentation: No permitted subletting by Tenant shall be effective until there has been delivered to Landlord a copy of the sublease and an executed Operating Permit and Agreement in which the subtenant agrees not to violate and to act in conformity with the terms and provisions of this Lease; provided that no Operating Permit shall be required for the subletting of hangar or tie-down space for aircraft storage purposes. No permitted assignment shall be effective unless and until there has been delivered to Landlord a counterpart of the assignment in which the assignee assumes all of Tenant’s obligations under this Lease arising on or after the date of the assignment. 14.e. No Merger: Without limiting any of the provisions of this Section, if Tenant has entered into any subleases of any portion of the Premises, the voluntary or other surrender of this Lease by Tenant, or a mutual cancellation by Landlord and Tenant, shall not work a merger and shall terminate all or any existing subleases or subtenancies. 15. DEFAULT AND REMEDIES: 15.a. Default: The occurrence of any of the following shall constitute a default by Tenant under this Lease: 15.a.(1). Failure to Pay Rent: Failure to pay Rent when due, if the failure continues for a period of three (3) business days after notice of such default has been given by Landlord to Tenant. 15.a.(2). Failure to Comply with Airport Regulations and Minimum Standards: Failure to comply with the Airport Regulations and Minimum Standards, if the failure continues for a period of twenty-four (24) hours after notice of such default is given by Landlord to Tenant. If the failure to comply cannot reasonably be cured within twenty-four (24) hours, then Tenant shall not be in default under this Lease if Tenant commences to cure the failure to comply within twenty-four (24) hours and diligently and in good faith continues to cure the failure to comply. However, said inability to cure within twenty-four (24) hours, diligence and good faith notwithstanding, cannot be based on financial incapacity. 15.a.(3). Failure to Perform or Cure: Failure to perform any other provision of this Lease, if the failure to perform is not cured within thirty (30) days after notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within thirty (30) days, AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 18 then Tenant shall not be in default under this Lease if Tenant commences to cure the default within thirty (30) days of the Landlord’s notice and diligently and in good faith continues to cure the default. 15.a.(4). Appointment of Trustee or Receiver: The appointment of a trustee or receiver to take possession of substantially all of the Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within sixty (60) days; or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is not discharged within sixty (60) days. 15.a.(5). Failure to Comply With Laws: It shall be a default of this Lease if the Tenant fails to comply with any of the statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, and/or city governments, or any terms of this Lease. 15.b. Additional Security: If Tenant is in default under this Lease, and such default remains uncured for more than three (3) business days after Landlord gives Tenant notice of such default, then Landlord, at Landlord’s option, may in addition to other remedies, require Tenant to provide adequate assurance of future performance of all of Tenant’s obligations under this Lease in the form of a deposit in escrow, a guarantee by a third party acceptable to Landlord, a surety bond, a letter of credit or other security acceptable to, and approved by, Landlord. If Tenant fails to provide such adequate assurance within twenty (20) days of receipt of a request by Landlord for such adequate assurance, such failure shall constitute a material breach of this Lease and Landlord may, at its option, terminate this Lease. 15.c. Remedies: If Tenant commits a default, then following the expiration of the notice and cure periods set forth in Section 15.a. above, Landlord shall have the following alternative remedies, which are in addition to any remedies now or later allowed by law, and Landlord shall use reasonable efforts to mitigate its damages: 15.c.(1). Maintain Lease in Force: To maintain this Lease in full force and effect and recover the Rent and other monetary charges as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the Premises. If Landlord elects to not terminate the Lease, Landlord shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term, and to perform all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary, without being deemed to have elected to terminate the Lease, including removal of all persons and property from the Premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and on the account of Tenant. In the event any such re-letting occurs, this Lease shall terminate automatically upon the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially, AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 19 Landlord at any time during the Term may elect to terminate this Lease by virtue of such previous default of Tenant so long as Tenant remains in default under this Lease. 15.c.(2). Terminate Lease: To terminate Tenant’s right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant the following damages incurred by Landlord by reason of Tenant’s default: (i) any and all unpaid Rent which had been earned at the time of such termination; plus (ii) any and all Rent which would have been earned after termination until the earlier of the re-letting of the Premises or December 31, 2022; and (iii) the reasonable costs incurred by Landlord in (A) retaking possession of the Premises, including reasonable attorney fees therefor, (B) maintaining or preserving the Premises after such default until the earlier of the re-letting of the Premises or December 31, 2022, and (C) taking any other actions necessary to re-let the Premises for a short- term lease. The amounts referenced in this Section include interest at 12% per annum. 16. 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 if the Tenant is a natural person, his or her personal representative and heirs. 17. CONDEMNATION: If the whole or any substantial part of the Premises shall be condemned or taken by Landlord or any county, state, or federal authority for any purpose, then the Term 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 Tenant 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 Landlord, whether such damage shall be awarded as compensation for the diminution in value to the leasehold, or to the fee of the Premises herein leased. Damages awarded for the taking of Tenant's improvements located on the Premises shall belong to and be awarded to Tenant. 18. SURRENDER OF PREMISES: Tenant shall quit and surrender the Premises at the expiration or termination of the Term in a condition as good 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 on the Premises, except movable office furniture or trade fixtures put in at the expense of Tenant, shall be and remain the property of the Landlord and shall remain on and be surrendered with the Premises as a part thereof at the expiration or termination of the Term without hindrance, molestation, or injury. Tenant shall remove from the Premises, upon request of the Landlord, movable office furniture or trade fixtures put in at the expense of Tenant. Tenant shall, at its sole expense, properly and promptly repair to Landlord’s reasonable AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 20 satisfaction any damage to the Premises occasioned by Tenant’s use thereof, or by the removal of Tenant’s movable office furniture or trade fixtures and equipment, which repair shall include the patching and filling of holes and repair of structural damage. 19. INSURANCE: 19.a. Personal Property: Tenant, at its expense, shall maintain in force during the Term a policy of special form – causes of loss or all risk property insurance on all of Tenant’s alterations, improvements, trade fixtures, furniture and other personal property in, on or about the Premises, in an amount equal to at least their full replacement cost. Any proceeds of any such policy available to Tenant shall be used by Tenant for the restoration of Tenant’s alterations, improvements and trade fixtures and the replacement of Tenant’s furniture and other personal property. Any portion of such proceeds not used for such restoration shall belong to Tenant. 19.b. Liability Insurance. Tenant, at its expense, shall maintain in force during the Term the following types of insurance (or equivalents): a policy of commercial general liability insurance (including premises liability), with the following limits: $1,000,000 per occurrence, $2,000,000 annual aggregate. Landlord shall be named as an additional insured on Tenant’s liability insurance solely with respect to the operations of the named insured (i.e., Tenant) and that coverage being primary and non-contributory with any other policy(ies) carried by, or available to, the Landlord. The Tenant shall provide the Landlord with written notice of any policy cancellation, within two business days of their receipt of such notice. 19.c. Insurance Policies: Insurance required hereunder shall be written by a company or companies acceptable to Landlord. Landlord reserves the right to establish and, from time-to- time, to increase minimum insurance coverage amounts. Insurance required herein shall provide coverage on an occurrence basis, not a claims-made basis. Notice of increased minimum insurance coverage amounts shall be sent to the Tenant at least ninety (90) days prior to the annual renewal date of the Tenant’s insurance. Prior to possession the Tenant shall deliver to Landlord documents, in a form acceptable to Landlord, evidencing the existence and amounts of such insurance. Tenant shall, prior to the expiration of such policies, furnish Landlord with evidence of renewal of such insurance, in a form acceptable to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the insurance policies referred to above. Tenant shall forthwith, upon Landlord’s demand, reimburse Landlord for any additional premiums for insurance carried by Landlord attributable to any act or omission or operation of Tenant causing such increase in the cost of insurance. If Tenant shall fail to procure and maintain such insurance, then Landlord may, but shall not be required to, procure and maintain the same, and Tenant shall promptly reimburse Landlord for the premiums and other costs paid or incurred by Landlord to procure and maintain such insurance. Failure on the part of the Tenant to maintain the insurance as required shall constitute a material breach of the Lease, upon which the Landlord may, after giving five business days notice to the Tenant to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 21 premiums in connection therewith, with any sums so expended to be repaid to the Landlord on demand. 19.d. Waiver of Subrogation: Tenant and Landlord 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. Tenant 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. 20. TAXES: Tenant shall be responsible for the payment of any and all taxes and assessments upon any property or use acquired under this Lease and upon any alterations or improvement made by Tenant to the Premises. 21. NO WAIVER: It is further covenanted and agreed between the Parties that no waiver by Landlord of a breach by Tenant 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 Landlord of Rent after any breach by the Tenant of any covenant or condition by Tenant 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 or requests required or permitted under this Lease shall be in writing; shall be personally delivered, delivered by a reputable express delivery service such as Federal Express or DHL, or sent by certified mail, return receipt requested, postage prepaid, and shall be deemed delivered on receipt or refusal. All notices or requests to Landlord shall be sent to Landlord at Landlord’s address set forth below and all notices or requests to Tenant shall be sent to Tenant at Tenant’s address set forth below: Landlord’s Address: Airport Administration Office Attn: Airport Manager 616 West Perimeter Road, Unit A Renton, Washington 98057 Tenant’s Address: Crescent Capital VIII, L.L.C. Attn: Maria Plunket and Gary Young 11624 SE 5th Street, Suite 210 Bellevue, Washington 98005 AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 22 Either Party may change the address to which notices shall be sent by written notice to the other Party. 23. DISCRIMINATION PROHIBITED: 23.a. Discrimination Prohibited: Tenant covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex or national origin, or any other class of person protected by federal or state law or the Renton City Code, in the use of any of its facilities provided for the public in the Airport. Tenant 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 Tenant may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 23.b. 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. 23.c. Application to Subleases: Subject to the provisions of Section 14 of this Lease, Tenant agrees that it will include the above clause in all assignments of this Lease or subleases, and cause its assignee(s) and sublessee(s) to similarly include the above clause in further assignments or subleases of this Lease. 24. FORCE MAJEURE: In the event that either Party shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, 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 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 Section shall not, however, operate to excuse Tenant from the prompt payment of rent, or any other payment required by the terms of this Lease, to be made by Tenant. 25. TRANSFER OF PREMISES BY LANDLORD: In the event of any sale, conveyance, transfer or assignment by Landlord of its interest in the Premises, Landlord shall be relieved of all 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, provided that the Landlord’s transferee shall have assumed and agreed to carry out all of the obligations of the Landlord under this Lease. AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 23 26. ATTORNEYS’ FEES AND COSTS; COLLECTION COSTS: If either Party brings any action for relief against the other Party, declaratory or otherwise, arising out of this Lease, including any action by Landlord for the recovery of Rent or possession of the Premises, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs of litigation as established by the court. If the matter is not litigated or resolved through a lawsuit, then any attorneys’ fees for collection of past-due rent or enforcement of any right of Landlord or duty of Tenant hereunder shall entitle Landlord to recover, in addition to any late payment charge, any costs of collection or enforcement, including reasonable attorney’s fees. For the purpose of this Section26, attorney’s fees shall include a reasonable rate for attorney’s employed by the City. 27. EMERGENCY RESPONSE: Tenant must provide to the Airport Manager reasonable access and response in times of emergency or urgency. The Tenant is wholly responsible to keep an up-to-date listing of aircraft types, identification, and owners on file and at the Airport Manager’s office. 28. HOLDING OVER. If, without execution of any extension or renewal, Tenant should remain in possession of the Premises after expiration or termination of the Term, then Tenant 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. 29. DEFINITIONS: As used in this Lease, the following words and phrases, shall have the following meanings: “Additional Rent” means any charges or monetary sums to be paid by Tenant to Landlord under the provisions of this Lease other than Monthly Rent. “Authorized Representative” means any officer, agent, employee, independent contractor or invitee of either Party. “Environmental Laws and Requirements” means any and all federal, state, local laws, statutes, ordinances, rules, regulations and/or common law relating to environmental protection, contamination, the release, generation, production, transport, treatment, processing, use, disposal, or storage of Hazardous Substances, worker health or safety or industrial hygiene, and the regulations promulgated by regulatory agencies pursuant to these laws, and any applicable federal, state, and/or local regulatory agency-initiated orders, requirements, obligations, directives, notices, approvals, licenses, or permits. “Hazardous Substances” means any and all material, waste, chemical, compound, substance, mixture or byproduct that is identified, defined, designated, listed, restricted or otherwise regulated under any Environmental Laws and Requirements as a “hazardous constituent,” “hazardous substance,” “hazardous material,” “extremely hazardous material,” “hazardous waste,” “acutely hazardous waste,” “hazardous waste constituent,” “infectious AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 24 waste,” “medical waste,” “biohazardous waste,” “extremely hazardous waste,” “pollutant,” “toxic pollutant” or “contaminant.” The term “Hazardous Substances” includes, without limitation, any material or substance which is (i) hexavalent chromium; (ii) pentachlorophenol; (iii) volatile organic compounds; (iv) petroleum; (v) asbestos; (vi) designated as a “hazardous substance” pursuant to Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (33 U.S.C. § 1321); (vii) defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); (viii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601); or (ix) designated as a “hazardous substance” pursuant to the Washington Model Toxics Control Act, RCW 70.105D.010 et seq. “Parties” means Landlord and Tenant. “Party” means Landlord or Tenant, as indicated by context. “Person” means one or more human beings, or legal entities or other artificial persons, including without limitation, partnerships, corporations, trusts, estates, associations and any combination of human beings and legal entities. “Rent” means Monthly Rent, both as established as a minimum amount and as adjusted from time to time under this Lease, and Additional Rent. 30. GENERAL PROVISIONS: 30.a. Entire Agreement: This Lease sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them. This Lease may not be amended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each Party. 30.b. Governing Law: This Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Washington. 30.c. Severability: Should any of the provisions of this Lease be found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and the remainder of this Lease shall nonetheless remain in full force and effect unless striking such provision shall materially alter the intention of the parties. 30.d. Jurisdiction and Venue: In the event any action is brought to enforce any of the provisions of this Lease, the parties agree to be subject to exclusive in personam jurisdiction in the Superior Court of the State of Washington in and for the County of King or in the United States District Court for the Western District of Washington. AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 25 30.e. Waiver: No waiver of any right under this Lease shall be effective unless contained in a writing signed by a duly authorized officer or representative of the Party sought to be charged with the waiver and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any future right or of any other right arising under this Lease. 30.f. Captions: Section captions contained in this Lease are included for convenience only and form no part of the agreement between the parties. 30.g. Assignee as Tenant: The term "Tenant" shall be deemed to include the assignee where there is a full assignment of the Lease. 30.h. Effectiveness: This Lease shall not be binding or effective until properly executed and delivered by Landlord and Tenant. 30.i. Gender and Number: As used in this Lease, the masculine shall include the feminine and neuter, the feminine shall include the masculine and neuter, the neuter shall include the masculine and feminine, the singular shall include the plural and the plural shall include the singular, as the context may require. 30.j. Time of the Essence: Time is of the essence in the performance of all covenants and conditions in this Lease for which time is a factor. 30.k. Joint and Several Liability: If Tenant is composed of more than one Person, then the obligations of all such Persons under this Lease shall be joint and several. 30.l. No Recordation Without Consent of Landlord: Tenant shall not record this Lease or any memorandum of this Lease without Landlord’s prior written consent. 30.m. 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. 30.n. Corporate Authority: If Tenant is a corporation or limited liability company, each individual executing this Lease on behalf of said corporation or limited liability company represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation or limited liability company pursuant to duly enacted resolutions or other action of such corporation or limited liability company and that this Lease is binding upon said corporation or limited liability company in accordance with its terms. [Signatures follow on next page.] AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 26 TENANT: LANDLORD: CRESCENT CAPITAL VIII, L.L.C. THE CITY OF RENTON a Washington limited company a Washington municipal corporation By: Denis Law Its: Mayor Date: Date: Attest: By Jason A. Seth, City Clerk Approved as to legal form: Shane Moloney, City Attorney AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 27 TENANT STATE OF WASHINGTON ) : ss. COUNTY OF ___________ ) I certify that I know or have satisfactory evidence that ________________________ is the person who appeared before me, and s/he acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the _______________________ of __________________________, a _______________, to be the free and voluntary act of such _______________ for the uses and purposes mentioned in the instrument. Dated this ____ day of _______________________, 201__. ___________________________________ [Signature of Notary] ___________________________________ [Print Name of Notary] Notary Public in and for the State of Washington, residing at _______________. My commission expires: ______________. AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 28 LANDLORD STATE OF WASHINGTON ) : ss. COUNTY OF ___________ ) I certify that I know or have satisfactory evidence that Denis Law is the person who appeared before me, and he acknowledged that s/he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it, as the Mayor of the City of Renton, a Washington municipal corporation, to be the free and voluntary act of such municipal corporation for the uses and purposes mentioned in the instrument. Dated this ____ day of _______________________, 201__. ___________________________________ [Signature of Notary] ___________________________________ [Print Name of Notary] Notary Public in and for the State of Washington, residing at _______________. My commission expires: ______________. AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 29 EXHIBIT A Reference Map and Reference Legal Description [See following.] AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 30 AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 31 EXHIBIT B Lease Map Depiction AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 32 EXHIBIT C Aircraft Laws and Regulations, RCW 47.68.250: Public Highways and Transportation. [See following.] AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 33 AGENDA ITEM #6. o) LAG ____-_______ LEASE AGREEMENT City of Renton to Crescent Capital VIII, L.L.C. (Airport Parcel 250) 34 AGENDA ITEM #6. o) CITY OF RENTON,WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO ADDENDUM 1 TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM, ADMITTING THE CITY OF DES MOINES AS A MEMBER OF THE VALLEY SPECIAL WEAPONS AND TACTICS(SWAT)TEAM. WHEREAS, in 2010, the Cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle executed an Interlocal Cooperative Agreement (ILA) for the purpose of establishing and maintaining a multi-jurisdictional SWAT Team to respond to high risk criminal occurrences; and WHEREAS, pursuant to Section IV of the Agreement,the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement; and WHEREAS, the City of Des Moines has petitioned the Valley SWAT Executive Board for membership and has received unanimous approval subject to approval of Addendum 1 to the ILA; and WHEREAS,upon approval and execution of Addendum 1 to the ILA,the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement; and WHEREAS,the City Council finds that approving and adopting Addendum 1 to the ILA and admitting the City of Des.Moines as a member of the Valley SWAT Team is in the public interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: 1 AGENDA ITEM # 8. a) RESOLUTION NO. SECTION I. The Mayor and City Clerk are hereby authorized to enter into Addendum 1 to the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton,Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team,attached hereto as Exhibit "A" and incorporated by this reference. PASSED BY THE CITY COUNCIL this day of 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney RES.1827:11/12/19 2 AGENDA ITEM # 8. a) RESOLUTION NO. EXHIBIT "A" ADDENDUM 1 TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM 3 AGENDA ITEM # 8. a) ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY,KENT, RENTON,TUKWILA,AND THE PORT OF SEATTLE,FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled "Interlocal Cooperative Agreement (ILA) between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team" was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby, all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below,the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. 1 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 AGENDA ITEM # 8. a) Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date Mayor, City of Federal Way Date City Attorney, Federal Way Date City Clerk, City of Federal Way Date City Manager, City of Des Moines Date City Attorney, City of Des Moines Date City Clerk, City of Des Moines Date 2 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum I AGENDA ITEM # 8. a) Chief Executive.Officer, Port of Seattle Date Port Counsel, Port of Seattle Date 3 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum I AGENDA ITEM # 8. a) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE AIRPORT LANDSIDE LEASING POLICY. WHEREAS, the Renton Municipal Airport’s boundaries include both airside parcels (parcels with access to the secured airside portion of the Airport) and landside parcels (parcels without such access); and WHEREAS, the Renton Municipal Airport has used a set of policies known as the “Airport Leasing Policies” to guide the leasing process when airside parcels become available for lease, but the Airport Leasing Policies do not provide specific guidance for the leasing of landside parcels; and WHEREAS, within the past year, the Renton Municipal Airport has received interest from potential lessees of a landside parcel (300 Rainier Avenue North); and WHEREAS, City staff has prepared a set of policies, known as the "Airport Landside Leasing Policy," that are consistent with the existing Airport Leasing Policies but provide specific guidance for the leasing of landside parcels, including the landside parcel which has received recent interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council hereby adopts the Airport Landside Leasing Policy in a form the same or substantially similar to the version attached hereto as Exhibit A. AGENDA ITEM # 8. b) RESOLUTION NO. ________ 2 SECTION II. The City Council hereby authorizes the Public Works Administrator, or his or her designee, to make such subsequent non‐substantive amendments or updates to the Airport Landside Leasing Policy as may be necessary or desired. Non‐substantive amendments and updates include changes to formatting, corrections of typographical errors or grammar, changes to procedure, and revisions to internal references. PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2019. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _______________________, 2019. ______________________________ Denis Law, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES:1826:12/4/19 AGENDA ITEM # 8. b) RESOLUTION NO. ________ 3 EXHIBIT A Renton Municipal Airport: LANDSIDE LEASING POLICY AGENDA ITEM # 8. b) 1 Renton Municipal Airport: LANDSIDE LEASING POLICY Renton Airport Clayton Scott Field ~ Will Rogers‐Wiley Post Seaplane Base 616 West Perimeter Road‐Unit A, Renton, Washington 98057 Phone: 425‐430‐7471 rentonairport@rentonwa.gov Adopted xxx xx, xxxx 1. Introduction The City of Renton adopts this Landside Leasing Policy for the Renton Municipal Airport to provide guidance on certain leasing issues associated with the use of Airport landside property. 2. Statement of Purpose This Landside Leasing Policy is intended to provide guidance for leasing landside Airport property (property without access to the secured airside portion of the Airport) and be a guide for City staff on the Airport landside leasing issues that are covered by this document. This document is not intended to comprehensively cover all leasing issues for any particular property. 3. General Applicability If there are any inconsistencies between this Landside Leasing Policy and a lease entered into by the City of Renton, the lease shall prevail. 4. Definitions The following words, terms and phrases, when used in this Landside Leasing Policy, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: Accessory use or structure means a use or structure (exceeding 120 square feet) subordinate to the principal structure or use which serves a purpose, customarily incidental to the principal use. Berm means a mound of earth used for screening, definition of space, noise attenuation and decoration in landscaping. AGENDA ITEM # 8. b) 2 Buffer means a strip of land established to separate and protect one type of land use from another, to screen from objectionable noise, smoke or visual impact, or to provide for future public improvements or additional open space. Building means any structure built for the shelter or enclosure of persons, animals, chattels, property or substances of an kind (not including fences), having one or more floors and a roof, and permanently affixed to the ground. F.A.R. Part 77 means Federal Aviation Regulations pertaining to height and obstruction criteria within prescribed distances from an airport as these Regulations currently exist and as may be amended from time to time. Part 77 Regulations may also affect lands located outside the boundaries of the Renton Airport. Lot means any development site located within Airport property which is legally described in a lease agreement. Open Space means land utilized for recreational, landscaping and/or buffering purposes. Examples include park lands and landscaping treatments within non‐ residential developments. Open space credit for non‐residential developments shall be given tor treatments such as berms, sodded areas, trees, water features, and decorative rock treatments and, in some case landscaped plazas and atriums. Right‐Of‐Way means an area or strip of land over which a rite of passage has been recorded for use by vehicles, pedestrians, and/or facilities of a public utility. Setback means a distance from a curb, property line, or structure within which building is prohibited. Setbacks are building restrictions imposed on property owners. Sign means any object or device containing letters, figures and/or other means of communication or part thereof situated outdoors or indoors, of which the effect produced is to advertise, announce, communicate, identify, declare, demonstrate, direct, display, and/or instruct potential users of a use, product and/or service. Structure means anything which is constructed, or the use of which, requires permanent location on the ground, or attachment to something having a permanent location on the ground. Use means the purposes for which land or premises or a building thereon is designed, arranged, or intended, or for which it is or may be occupied. AGENDA ITEM # 8. b) 3 5. Soliciting Interest in Airport Landside Properties and the Lease Application Process 5.1. Initiating the Process to Obtain a Lease or Operating Permit for Airport Landside Property In order to use landside property at the Renton Municipal Airport, an applicant must establish a business address on the airport. Land and buildings may be leased from the City, or subleased from an existing tenant. In the case of subleasing from an existing tenant, the sublessee must obtain an operating permit from the City. 5.1.1. To obtain a land or building lease or an operating permit (for sublessees) at Renton Municipal Airport, a person shall submit a written application for review by the Airport Manager. As a prerequisite to occupancy, or the granting of commercial operating privileges at the Airport, any prospective commercial tenant must also submit a specific, detailed description of the intended commercial aeronautical activities and the means and methods employed to accomplish the proposed activities. The application shall be on a form provided by the City of Renton. The Renton Municipal Airport’s Regulations and Minimum Standards contain the minimum application information and should be referenced prior to initiation of an application. 5.1.2. Pre‐Submittal Meeting: Applicants are required to schedule a pre‐submittal meeting with the Airport’s Business Coordinator, or other member of management as determined by the Airport Manager. This meeting gives the applicant an opportunity to present his/her idea and to discuss available parcels and their designated land use. This also gives the applicant valuable general comments on the feasibility of the idea and an opportunity to identify any potential problems associated with it. The applicant will then be directed to contact all utilities pertaining to the proposed development parcel to obtain written assurances that the provider has the ability to serve the entire development. The written application will be given to the applicant at this point. 5.1.3. Following the required pre‐submittal meeting, the Concept Plan and Completed Application should be submitted to the Airport. After receiving an application and Concept Plan, the Airport Manager will determine whether the application, as submitted, contains the necessary information to continue the application process. 5.1.4. If the application is deemed complete and the criteria and requirements set out in this policy are met, the Airport Business Coordinator, or designated member of the Airport Management team will schedule the item for placement on the City of Renton Transportation Committee for a briefing. Prior to this meeting, the applicant must pay the appropriate application fee(s). The applicant may AGENDA ITEM # 8. b) 4 contact the Airport for the current City of Renton Fee Schedule; the Fee Schedule is also available online at https://edocs.rentonwa.gov/Documents/0/edoc/1059222/2017‐ 2018%20Fee%20Schedule.pdf. 5.1.5. This briefing will give the Transportation Committee an opportunity to review the Concept Plan and address any questions or concerns with Airport Staff. The items listed in this subsection 5.1.5 will be required in the Concept Plan prior to the Transportation Committee meeting. To be considered complete and to be accepted by the Airport Manager for the Transportation Committee briefing, all of the items listed in this section should be organized into five individual packets in order to facilitate the process of providing each Transportation Committee Member information pertaining to the application. 5.1.5.1. Written Narrative: 5.1.5.1.a. Proposed Use; Number of Structure(s); approximate size(s) of unit(s) and approximate maximum height of building(s) in feet; 5.1.5.1.b. Amount and function of proposed open space, whether public or private; 5.1.5.1.c. Plan drawings which include the following minimum information: 5.1.5.1.c.1. Title or name of the development above the term, “Concept Plan”; 5.1.5.1.c.2. Vicinity map, scale, north arrow and date of preparation; 5.1.5.1.c.3. Location and legal description of lot; 5.1.5.1.c.4. Total area of open space; 5.1.5.1.c.5. Location and proposed use(s) of building areas to include range of dimensions and square footage; 5.1.5.1.c.6. Location and dimensions of required building and landscaping setbacks; 5.1.5.1.c.7. Parking area(s), verifiable based upon building square footage; AGENDA ITEM # 8. b) 5 5.1.5.1.c.8. Designation and classification of any right‐of‐ way (fee simple or easements), turning or acceleration and/or deceleration lanes, areas to be vacated, access points including locations and movements allowed (i.e. full turn/right turn only); 5.1.5.1.c.9. Topographic map depicting existing and proposed contours; 5.1.5.1.c.10. Utility drawings depicting existing and proposed locations; 5.1.5.1.c.11. Internal site circulation and designation of public and private streets; 5.1.5.1.c.12. Proposed timetable for Development Plan; 5.1.5.1.c.13. A scale of preferably larger than 1”=500’ for Concept Plan and 1”=400’ for Development Plan; and 5.1.5.1.c.14. Traffic Impact Study. A waiver may be granted for those projects which have little or no traffic impact. 5.1.5.2. Proposed Principal Lease Terms 5.1.5.3. Analysis of Lessee’s Financial Capacity The applicant must, at the applicant’s expense, obtain a score, as described below, from a consultant acceptable to the City. The consultant will evaluate whether the applicant has the financial capacity to meet the long term obligations of a lease of Airport property. 5.1.5.3.a. The following financial statements shall be provided directly from the applicant to the consultant: 5.1.5.3.a.1. Balance sheet and income statement for the current year and two years prior; 5.1.5.3.a.2. Projected income statement and business plan if activities at the Renton Municipal Airport are a new business enterprise for the lessee; 5.1.5.3.a.3. Schedule of current debt payments (principal and interest) and lease obligation (and, if a new AGENDA ITEM # 8. b) 6 enterprise, a schedule of obligations incurred or to be incurred for the new enterprise); 5.1.5.3.a.4. A Dun & Bradstreet credit report on the applicant, or equivalent report acceptable to the City; 5.1.5.3.a.5. Any additional information as may be needed to compute the score as set out in Attachment A. 5.1.5.3.b. Approval of a completed application shall be determined by, but not limited to, the following criteria to assess the financial capacity of the applicant lessee: 5.1.5.3.b.1. Dun & Bradstreet credit report/pay history, or equivalent report acceptable to the City; 5.1.5.3.b.2. Financial viability of operations; 5.1.5.3.b.3. Ability to support lease payments from earnings net of cost of operations, taxes, depreciation/amortization, other debt/lease obligations; 5.1.5.3.b.4. Current ratio (current assets divided by current liabilities) of at least 1:1; 5.1.5.3.b.5. Debt Service Coverage ratio of at least 1.25; 5.1.5.3.b.6. Net Worth; 5.1.5.3.b.7. A credit score of 650 or better; 5.1.5.3.b.8. The criteria above may be modified as needed to improve the evaluation of prospective lessees. 5.1.5.3.c. The above criteria will be evaluated by the consultant using the rating scale stated in Attachment A, which may be modified as needed to improve the evaluation of prospective lessees. An applicant receiving a score of 20‐ 24 shall be eligible for a lease over five years. An applicant receiving a score of 15‐19 may be considered for a short‐ term lease. An applicant receiving a score of 14 and under shall not be considered for a lease. 5.2. Requirements of the Federal Aviation Administration (FAA) Regarding Proposals AGENDA ITEM # 8. b) 7 5.2.1. Since any planned development at Renton Municipal Airport is on property purchased in part with a federal grant, the Airport notifies the FAA regarding any such planned development. FAA Form 7460‐1 is the official notification to the FAA of the proposed construction or alteration and the applicant should review the copy included in this Landside Leasing Policy and be ready to provide the information on or about the time submittal is made to the City of Renton for final approval of the Development Plan. 5.2.2. FAA approval must be obtained for projects which would not be considered “aeronautical uses” in accordance with Grant Assurances the Airport agreed to as a condition of accepting federal grants‐in‐aid. 5.2.3. Possible Obstructions to the Navigable Airspace Part 77 of the Federal Aviation Regulations establishes the maximum allowable heights of objects on or in the vicinity of airports. It does this by definition of “imaginary surfaces” which, if penetrated by an object, would be considered an obstruction. It is unlikely that the Airport would pursue any planned development which would penetrate the Part 77 imaginary surfaces. 5.2.4. Notice of Proposed Construction or Alteration Assuming the project has the support of the Airport, FAA Form 7460‐1, Notice of Proposed Construction or Alteration, is submitted by the Airport to the FAA. This form provides the FAA with specific information regarding the project, including the nature of the proposal, the description of the structure(s), the location of the structure(s), and the height and elevation to the nearest foot of both the site and structure(s). 6. General Leasing Policies 6.1. Lease Term Policy for Landside Development The total lease term for landside leases shall be no longer than 50 years or per current FAA guidance. 6.2. Rates & Charges Policy The Airport reserves the right to include in any lease agreement the provision for reasonable and periodic rent increases such as for example, annual flat rate increases. Further, whether or not stated in any lease agreement, the Airport reserves the right to charge and collect fees for Airport security and/or the enforcement of Airport’s rules, regulations, laws, standards, and policies. 6.3. Subleasing and Assignments Policy AGENDA ITEM # 8. b) 8 6.3.1. There shall be no assignments or transfers of leasehold interest, buildings or facilities on the Airport without the written consent of the City Council. Such approval shall not be unreasonably withheld. 6.3.2. There shall be no subleases providing space to aeronautical service providers without an operating permit approved by the City Council. All sublessees seeking to initiate a commercial activity on the Airport must apply for and obtain an operating permit with the City. 6.3.3. Lessees providing hangar space for private and corporate aircraft storage may do so without the written consent of the City. 6.3.4. Tenants leasing City‐owned and operated hangar or tiedown space may not sublease their premises, except for short periods of time. Subleasing may only occur with the written consent of the Airport Manager, under extenuating circumstances as defined by the City, or as expressly permitted in the lease. 6.4. Reversion Policy 6.4.1. At the end of the base term of the lease, the lessee shall quit and surrender the premises in as good a condition as reasonable use would permit, normal wear and tear excepted. However, the City Council shall have the option of requiring the tenant to remove its improvements and return the property to its pre‐leased condition. 6.4.2. Tenants may apply to the City for an extension of the date of reversion of existing facilities to City ownership as established in the existing lease. There is no commitment by the City to grant a new lease, or extend the date of reversion. The City will examine the request and supporting documentation and make a decision based on the consideration given to the City for the extension as well as what is best for the City and its citizens and the Airport as a whole, at the City Council’s sole discretion. 6.4.3. For an application to be considered, the tenant must demonstrate that he/she has made and/or commits to making substantial investments in the leased area and has maintained the property in good condition under terms of the current lease. The applicant must show that the length of the requested new lease is needed to amortize substantial investments (maintenance costs shall not be considered as investments). 6.5. Standards and Guidance Policy Lessees and sublessees on the Airport shall be required to comply with all applicable Airport Regulations and Minimum Standards, located at the Airport Office and City AGENDA ITEM # 8. b) 9 Clerk’s Office. Such Regulations and Minimum Standards may be updated and revised from time to time as appropriate. 6.6. Termination for Default or Pursuant to Airport Plans 6.6.1. In the event of default by the lessee, the City may, if it so elects, at any time thereafter, terminate the lease and terms thereof, by giving the lessee, in writing, a 30‐day notice of its intention to do so if the default is not corrected to the satisfaction of the City. 6.6.2. If the City Council makes a determination, in accordance with the Airport Master Plan and the FAA‐approved Airport Layout Plan, that the leased premises are needed for Airport development: 6.6.2.1. And where the lessee has not constructed any permanent facilities on the premises, the City may offer the lessee an alternative site if such a site is available on Airport property. If no alternative site is available OR the lessee chooses not to relocate on the Airport, the lease may be terminated by either party upon 30 days’ written notice. 6.6.2.2. And where the lessee has constructed a permanent facility on the premises, the City may buy out the remaining base term of the lease upon 30 days' written notice of the City’s intent to do so. The base term buy‐out will be determined by amortizing the construction cost of the improvements on the premises in a straight‐line depreciation of the premises over the base term, adjusted for inflation based on the region’s consumer or construction price index. 6.7. Conformity with Laws, Ordinances, Rules and Regulations Policy The lessee shall comply with all applicable local, state and federal laws, ordinances, rules and regulations, including all rules and regulations of the Federal Aviation Administration and the State and National Environmental Policy Acts. In addition, the lessee shall abide by and be subject to all City rules and regulations now in effect or enacted from time to time concerning the management, operation or use of the Airport. 6.8. Insurance Requirements Policy 6.8.1. All leases, operating permits and subleases will contain an insurance clause. 6.8.2. All leases, operating permits, and subleases will be subject to periodic adjustments of insurance requirements as imposed by the City of Renton. AGENDA ITEM # 8. b) 10 6.8.3. Each lessee shall meet all State of Washington and the City of Renton insurance requirements and therefore maintain the types and amounts of insurance as specified in the lease or agreement. 6.9. Policy on Competitive Request for Proposal (RFP) Process 6.9.1. The City maintains the right, but not the duty, to seek competitive proposals for all leasehold space at Renton Municipal Airport. The proposal process will include public notices and information, and proposal documents will be available to the public at the Airport Office. All Requests for Proposals will be consistent with applicable City policies and be reviewed and evaluated by the City. A fair and objective evaluation process will be used to select the proposals that best meet the City’s interests based on the criteria listed in the proposal documents. The criteria may include, but not be limited to, the priority of uses listed below. The City Council will grant priority to competing offers for the use of space and/or facilities as follows: 6.9.2. Non‐aeronautical uses of aeronautical property are permitted only on an interim basis, with FAA approval, and with necessary zoning in place. Airport land is limited, and due to the nature of the Airport Deed and the classifications of land in the Airport Layout Plan, non‐aeronautical uses are likely to be rare. 6.9.3. New through‐the‐fence use (use that requires access to the Airport over the North and South Boeing bridges) is not allowed unless specifically approved by the City Council. 6.9.4. When space becomes available at the Airport, the City Council may issue a targeted request for proposal (RFP) for specific services or facilities that are consistent with the most current demand forecast, Airport Business Plan, and Airport Layout Plan. Responses inconsistent with the scope of the RFP will be deemed non‐responsive. 6.9.5. The City will review and score the proposals and refer the matter to the City Council for approval. 6.10. Policy on New Leases The Airport is a mature facility, and the property is largely built out, and it may happen that demand for aeronautical leasehold facilities exceeds availability. Oversubscribed facilities will be managed using a process that is fair, transparent and uniformly applied. 6.10.1. Noncommercial facilities AGENDA ITEM # 8. b) 11 If there is more demand for more T‐hangars and/or tiedowns than can be met, the City will: 6.10.1.1. For the facilities it owns and operates, maintain a waiting list in order of application, and offer facilities to those on the waiting list as they become available; and 6.10.1.2. For facilities owned or operated by others, encourage those owning or operating said facilities to maintain a waiting list in order of application, and offer facilities to those on the waiting list as they become available. 6.10.2. Commercial facilities: the City will, where feasible, identify the aviation demand for services at the Airport and issue focused RFP’s for the services needed. 6.11. No Exclusion of Qualified Existing Lessees Policy Current lessees shall not be excluded from submitting competitive proposals to the City. 6.12. Proposal Evaluations Policy Each Request for Proposal will contain specific information regarding the Airport property currently being considered. All proposals will include requirements for detailed information from the respondents regarding the ability of the lessee to use the property as proposed. For commercial service providers, the required information will include but not be limited to: 6.12.1. Proposed capital investment; 6.12.2. Qualifications; 6.12.3. Experience in services being offered; 6.12.4. Experience of management personnel; 6.12.5. Proposed services and products; and 6.12.6. Financial ability. 6.13. City Discretion Policy 6.13.1. The City has the discretion to accept the most financially advantageous offer for a given leasehold. AGENDA ITEM # 8. b) 12 6.13.2. The City has the discretion to accept a less financially advantageous offer if the City finds that the proposal furthers the interests of the aeronautical users of the Airport. 6.13.3. The City has the discretion to require a City ownership interest, in whole or in part, in certain existing or new facilities. The City’s discretion extends to the choice of such facilities as well as to the manner in which such ownership is achieved (e.g. City construction or City acquisition). 6.14. Indemnification Policy All leases, operating permits and subleases will contain an Indemnification and hold harmless agreement in a form acceptable to the City Attorney. 6.15. Hazardous Materials All leases, operating permits and subleases will contain a provision, in a form acceptable to the City Attorney, regarding contribution by lessee/sublessee towards environmental cleanup of hazardous materials released by lessee or sublessee. 7. Design Criteria 7.1. Codes All construction, alteration, moving, demolition, repair, and use of any building or structure within a lot will be subject to the provisions of the appropriate City of Renton Building Code and any other applicable code or ordinance. 7.2. Site Grading and Drainage In order to establish compatible grading and drainage relationships between buildings, parking and adjacent properties and to control drainage and erosion: 7.2.1. A site plan indicating proposed grading and drainage must be approved by the City of Renton before any construction is initiated; 7.2.2. Any grades, beaus, channels, and swales should be an integral part of the grading paved surface design; 7.2.3. Paved area grades shall not exceed two percent slope and shall not be less than one half of one percent slope; 7.2.4. Drainage facilities and structures shall be designed and maintained to accommodate all storm water generated by the lot in accordance with RMC 4‐6‐ 030 Drainage (Surface Water) Standards. These requirements may be updated as AGENDA ITEM # 8. b) 13 necessary. Routine inspections and maintenance provoked by said inspections shall be coordinated through the City of Renton. 7.3. Erosion Prevention during Construction Permanent and temporary erosion control measures for each parcel governed by this document will be designed, constructed and maintain in conformance with RMC 4‐6‐030 Drainage (Surface Water) Standards. These requirements may be updated as necessary. 7.4. Lot Aesthetics In order to create a compatible and continuous relationship between site landscape areas and the adjacent lots; to maintain a pleasant appearance in all areas not covered by building or parking; and to enhance the existing character of the lot: 7.4.1. A landscape irrigation layout covering the area not occupied by building structures or pavement must be submitted to the Airport; 7.4.2. Landscaping in accordance with the plans submitted must be installed before occupancy of the building. If seasonal conditions do not permit planting, interim erosion control must be approved by the Airport in writing; 7.4.3. Plant materials must be approved by the Airport; 7.4.4. All parking areas which front on a street should be screened by a landscaped berm of a maximum height of three feet as measured from the adjacent parking lot surface. Berm slopes must not exceed 2:1 with a three‐foot wide flat crown; 7.4.5. Landscaping within the public right‐of‐way shall conform with City of Renton guidelines. 7.5. Buffers and Fences In order to provide security and a visual buffer of unsightly areas such as storage and parking areas: 7.5.1. No fence or wall of any kind shall be constructed unless specifically approved by the Airport in writing; 7.5.2. Objects such as water towers, storage tanks, processing equipment, cooling towers, communication towers, vents, and any other structures or equipment shall be architecturally compatible or effectively shielded from view from any street and shall be approved, in writing, by the Airport before construction or erection of said structures or equipment; AGENDA ITEM # 8. b) 14 7.5.3. Screening fences and buffer areas shall be of a height at least equal to that of the material or equipment being stored. 7.6. Loading and Service In order to provide a functional and aesthetically pleasing method of handling loading and service areas and vehicles: 7.6.1. All loading and unloading of vehicles should be conducted on each lot; 7.6.2. Loading areas, loading docks, parking areas, and service areas should be planned so that one use does not interfere with another; 7.6.3. No loading docks or service areas shall be visible from the street. Use of landscaped buffer is recommended. 7.7. Pedestrian Circulation In order to allow for safe and convenient movement of pedestrians throughout the lot and improvements: 7.7.1. A Sidewalk of five‐foot minimum width shall be included; 7.7.2. Convenient pedestrian access shall be provided from all parking areas to building entrances. 7.8. Exterior Lighting In order to create a functional, pleasing, and coordinated relationship of lighting, signs, and plant material for aesthetics, security and safety: 7.8.1. A lighting plan describing the exterior illumination layout and fixture selection must be approved by the Airport in writing prior to construction; 7.8.2. Lights shall not be placed to cause glare or excessive light spillage on neighboring sites; 7.8.3. All parking lot and driveway lighting should provide relatively uniform illumination. Accent illumination is recommended at key points such as entrances, exits, loading zones and drives; 7.8.4. Concealed light sources are recommended; 7.8.5. Security light sources shall be kept in operation all night; 7.8.6. Lighting placement and strength should not interfere with or hinder aircraft movement or traffic; AGENDA ITEM # 8. b) 15 7.8.7. Exterior lighting fixtures must be approved by the Airport. 7.9. Maintenance In accordance with a lease agreement and in order to ensure that all facilities are maintained in a neat and orderly manner: 7.9.1. Each lessee shall maintain its buildings, landscaping, drives, parking lots, or other improvements located upon the lot in good an sufficient repair, and shall keep such premises painted, lawns cut, shrubbery trimmed, windows glazed and otherwise maintain the lot and improvements in an aesthetically pleasing and first‐class manner; 7.9.2. Any improvements, planting, driveway, or parking lot surface which are damaged by the elements, by vehicles, fire, or any other cause shall be repaired as promptly as the extent of damage will permit; 7.9.3. Buildings which are vacant for any reason shall be kept locked, windows shall be glazed in order to prevent entrance by vandals, and maintenance shall continue as if occupied; 7.9.4. Grounds shall be maintained in a safe, clean and neat condition free of rubbish and weeds. Lawns shall be kept in a mowed condition. Roads and pavements shall be kept true to line and grade and good repair. Drainage gutters or basins shall be kept clean and free of any obstacles. Fences shall be maintained in good condition. Damage to plantings created by vandalism, automobile, or acts of nature shall be corrected within 30 days. Undeveloped areas for future use or expansion shall be maintained in a ground cover specified in the planting list and trimmed and mowed only as necessary to ensure a neat appearance. Irrigation of undeveloped areas is not required; 7.10. Buildings 7.10.1. No building may penetrate any surface as defined in F.A.R. Part 77; 7.10.2. Exterior building materials must be compatible with adjacent buildings and shall not affect aircraft operations. As a general rule, reflective glass and other materials will not be approved; 7.10.3. All exterior storage and service areas shall be screened by landscaping or architectural fencing. All trash shall be kept in enclosed, covered containers and screened from view; 7.10.4. No mobile home, temporary office, or storage shed shall be installed or maintained on a lot without specific written approval from the Airport for a specified period of time; AGENDA ITEM # 8. b) 16 7.10.5. No building, or any use of a building, will be permitted on any lot that adversely affects another lot, the Airport, or violates a law of the United States, the State of Washington, the City of Renton or any minimum standards set forth by the Airport. 7.11. Storage Areas In order to shield stored materials from public view 7.11.1. No articles, goods, materials, machinery, equipment, plants, animals or similar items should be stored or kept in the open, or exposed to public view, within the area between building setback line and line along the street; 7.11.2. No outside storage or operations of any kind shall be permitted on any lot, unless such activity is visually screened from the street in a manner approved by the Airport. No outside storage shall extend above the top of such screening; 7.11.3. Any article, good, or material to be stored other than in an enclosed covered building shall be enclosed either with an architectural screen fence at least six feet in height or landscaped planting or both as directed and approved by the Airport; 7.11.4. No storage shed or peripheral buildings other than the main building on each lot shall be permitted except during construction or as may be approved for special use. 8. Final Approval Process After authorization by the Administration, the Airport Manager will initiate the final legislative approval process by drafting an Agenda Bill (including the proposed lease) and scheduling the matter to be heard at the next available City Council meeting. The City Council typically sends the lease or operating permit to the Transportation Committee for further consideration where the Transportation Committee recommends approval or denial of the lease or operating permit to the City Council. The City Council makes the final determination whether the lease or operating permit should be approved or denied. AGENDA ITEM # 8. b) Attachment A Criteria RatingScaleScoreDun & Bradstreet Pay history/credit report, or equivalent report acceptable to the City No credithistoryPay History – high risk Pay History – medium risk Pay History – low risk Pay History – low risk and clear credit report (no bankruptcies, judgments, liens, etc.) 01 2 3 4 Viability of operations Cannot demonstrate profitability Losses (net) in all 3 years Profitable (net) in 1 of last 3 years Profitable (net) in 2 of last 3 years Profitable (net) in past 3 years 01 2 3 4 Earnings net of cost of operations, taxes, depreciation/amortization, other debt/lease obligations (if new enterprise, use projected income and obligations) Net Earnings less than annual leasepayment Net Earnings equal to or less than 1.25x annual lease payment Net Earnings 1.25‐2.0x annual lease payment Net Earnings more than 2.0x annual lease payment 12 3 4 Current ratio Current ratio is less than 1.0x Current ratio is 1.0x – 1.5x Current ratio is 1.6x – 2.0x Current ratio is above 2.0x 12 3 4 Debt Service Coverage (DSC) DSC is less than 1.0x DSC is 1.0x – 1.5x DSC is 1.6x – 2.0x DSC is above 2.0x 12 3 4 Net worth Negative networthNet worth is positive, but less than annual lease payment Net worth is equal to annual lease payment but less than 2x annual lease payment Net worth is 2x – 5x annual lease payment Net worth is more than 5x annual lease payment 01 2 3 4 AGENDA ITEM # 8. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING 4‐1‐ 220.D.2 OF THE RENTON MUNICIPAL CODE, MODIFYING PROJECT ELIGIBILITY REQUIREMENTS TO QUALIFY FOR AN EXEMPTION FROM PROPERTY TAXATION, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Multi‐Family Property Tax Exemption (MFTE) is an important economic development tool in the effort to increase the amount of new housing being constructed in the Sunset and Downtown areas; and WHEREAS, the emphasis of the MFTE is the creation of new housing units, and updating the City’s MFTE provisions will further encourage the creation of new housing units; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on October 2, 2019, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; and WHEREAS, pursuant to RCW 36.70A.106, on October 16, 2019, the City notified the State of Washington of its intent to adopt amendments to its development regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4‐1‐220.D.2 of the Renton Municipal Code is amended as shown below. All other provisions in 4‐1‐220.D remain in effect and unchanged. AGENDA ITEM # 8. c) ORDINANCE NO. ________ 2 D. PROJECT ELIGIBILITY: To qualify for exemption from property taxation under this Section, the project shall satisfy all of the following requirements: 1. Location: The property shall be located in one of the designated “residential targeted areas” listed below in subsection D1a or b of this Section which are targeted for low‐ or moderate‐income housing serving households at or below eighty percent (80%) of the median income. If a part of any legal lot is within a residential targeted area, then the entire lot shall be deemed to lie within the residential targeted area. a. Sunset Area: In the Sunset Area and within the Center Village (CV), Residential Multi‐Family (RMF), or the Residential‐14 (R‐14) Zone; or b. Downtown: In the Downtown and within the Center Downtown (CD) Zone or Residential‐14 (R‐14) Zone. 2. Size and Structure: a. If the project is located in the Downtown and within the Residential‐ 14 (R‐14) Zone, or in the Sunset Area and within either the Residential Multi‐ Family (RMF) Zone or the Residential‐14 (R‐14) Zone, the project shall (i) consist of a minimum total of ten (10) new dwelling units of multi‐family housing, and (ii) be located within a new residential structure(s) or a new mixed‐use development as allowed by the RMC for the specific zone. At least fifty percent (50%) of the space within the project shall be intended for permanent residential occupancy. AGENDA ITEM # 8. c) ORDINANCE NO. ________ 3 b. If the project is located in the Downtown and within the Center Downtown (CD) Zone, or in the Sunset Area and within the Center Village (CV) Zone, the following applies. (1) If the project is located in the Downtown and within the Center Downtown (CD) Zone, or is in the Sunset Area and within the Center Village (CV) Zone, the project shall (i) consist of a minimum total of thirty (30) new dwelling units of multi‐family housing and (ii) be located in a new structure(s) and (iii) be a mixed‐use development, unless otherwise waived by the Administrator waives one or more of these requirements. If the Administrator waives the mixed‐use development requirement, the multi‐family housing shall be located in a new residential structure(s). At least fifty percent (50%) of the space within the project shall be intended for permanent residential occupancy. (2) If the project is located in the Sunset Area and within the Center Village (CV) Zone, the project shall (i) consist of a minimum total of thirty (30) new dwelling units of multi‐family housing and (ii) be located in a new structure(s) and (iii) be a mixed‐use development, unless the Administrator waives the minimum number of new units requirement or the mixed‐use development requirement. The Administrator cannot waive the new structure(s) requirement. If the Administrator waives the mixed‐use development requirement, the multi‐family housing shall be located in a new residential structure(s). At least fifty percent (50%) of the space within the project shall be intended for permanent residential occupancy. AGENDA ITEM # 8. c) ORDINANCE NO. ________ 4 c.(3) If one hundred percent (100%) of the housing units in a homeownership project are affordable housing and the project is located in the Downtown and within the Center Downtown (CD) Zone or in the Sunset Area and within the Center Village (CV) Zone, the project shall (i) consist of a minimum of ten (10) new dwelling units of multi‐family housing and (ii) be located within a new residential structure(s) or a new mixed‐use development as allowed by the RMC for the specific zone. At least fifty percent (50%) of the space within the project shall be intended for permanent residential occupancy. The project shall designate and sell at least fifty percent (50%) of total housing units as affordable for households at or below eighty percent (80%) of median income, and designate and sell any remaining housing units as affordable for households at or below one hundred twenty percent (120%) of median income. In addition, the housing units affordable for households at or below eighty percent (80%) of median income shall remain affordable in perpetuity through a community land trust or other similar model acceptable to the City. d.(4) Market‐rate townhome projects located in the Downtown and within the Center Downtown (CD) Zone, or in the Sunset Area and within the Center Village (CV) Zone are not eligible for the exemption. 3. Compliance Monitoring: Any applicant/owner with affordable housing units in the project shall demonstrate experience and/or ability to provide affordable housing and provide a third‐party entity to document compliance with AGENDA ITEM # 8. c) ORDINANCE NO. ________ 5 the affordable housing requirements for the annual reports further defined in subsection K of this Section. 4. Exception for Existing Residential Structure: In the case of an existing occupied residential structure that is proposed for demolition and redevelopment as new multi‐family housing, the project shall provide as a minimum number of dwelling units in the new multi‐family housing project, the greater of: a. Replace the existing number of dwelling units and, unless the existing residential rental structure was vacant for twelve (12) months or more prior to demolition, provide for a minimum of four (4) additional dwelling units in the new multi‐family housing project; or b. Provide the number of dwelling units otherwise required in subsection D2 of this Section. 5. Completion Deadline: The project shall be completed within three (3) years from the date of approval of the contract by the City Council as provided in subsection F2 of this Section or by any extended deadline granted by the Administrator as provided in subsection I of this Section. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. AGENDA ITEM # 8. c) ORDINANCE NO. ________ 6 SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2098:11/15/19 AGENDA ITEM # 8. c) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4‐1‐190.G OF THE RENTON MUNICIPAL CODE, AMENDING IMPACT FEE REGULATIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, new growth and development in the City create additional demand and need for public facilities and the City has adopted impact fees in order to keep pace with such growth; and WHEREAS, the City charges impact fees for changes in use or tenancy that create more impact than the previous use; and WHEREAS, it is reasonable to consider a new use in a building that has been vacant for a long period of time as not a change of use, but as a new use that will have new impacts on the City’s parks, transportation infrastructure, and fire facilities, for which it is reasonable to charge impact fees; and WHEREAS, the City Council finds that the impacts of establishing a new use in a vacant building increase over the length of vacancy such that it is reasonable to amortize any impact fee credit over the length of vacancy; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 23, 2019, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and AGENDA ITEM # 8. d) ORDINANCE NO. ________ 2 WHEREAS, the Planning Commission held a public hearing on September 4, 2019, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4‐1‐190.G of the Renton Municipal Code is amended as shown below. All other provisions in 4‐9‐190 remain in effect and unchanged. G. COLLECTION OF IMPACT FEES: 1. Transportation, Parks, and Fire Impact Fees: a. Applicability: The City shall collect impact fees, based on the rates in the City of Renton Fee Schedule, from any applicant seeking development approval from the City for any development activity within the City, when such development activity requires the issuance of a building permit or a permit for a change in use, and creates a demand for additional public facilities. b. Transportation and Parks Basis and Amount: Maximum allowable impact fees for transportation and parks are established by the applicable Rate Study. The rates to be charged by the City are listed in the City of Renton Fee Schedule. c. Fire Impact Fee Basis and Amount: The maximum allowable fees shall be based on the fire capital facilities plan and the rate study developed by AGENDA ITEM # 8. d) ORDINANCE NO. ________ 3 the RRFA, approved by its Board, and adopted by the City as part of the capital facilities element of the City’s Comprehensive Plan and as a fire impact fee Rate Study. The rates to be charged are listed in the City of Renton Fee Schedule. 2. School Impact Fees: a. Applicability: The City shall collect impact fees, based on the rates in the City of Renton Fee Schedule, from all applicants seeking development approval from the City for any residential development activity in that portion of the City located within each respective school district’s boundaries. b. Basis and Amount: The maximum allowable fees shall be based on a school capital facilities plan developed by the appropriate school district and approved by the School Board, and adopted by reference by the City as part of the capital facilities element of the City’s Comprehensive Plan. The rates to be charged are listed in the City of Renton Fee Schedule. c. Adjustment by Council: The City Council may adjust the fees, as it sees fit, to take into account local conditions such as, but not limited to, price differentials throughout each respective school district in the cost of new housing, school occupancy levels, and the percent of each school district’s capital facilities budget, which will be expended locally. d. Classification by Dwelling Type: Separate fees shall be calculated for single family and multi‐family dwellings, and separate student generation rates must be determined by each school district for each type of dwelling. For purposes AGENDA ITEM # 8. d) ORDINANCE NO. ________ 4 of this Section, mobile homes shall be treated as single family dwellings; duplexes and accessory dwelling units shall be treated as multi‐family dwellings. e. Credit for Tax Contributions: The formula in Attachment A to Ordinance 4808 provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issues in a school district. 3. Changes in Use or Tenancy: When an impact fee applies to a change of use permit, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If the prior use paid impact fees based on an Independent Fee Calculation that was approved by the City, the new use shall pay based on the new land use category, less the impact fee paid by the prior use identified in the Independent Fee Calculation. For purposes of this provision, a change of use should be reviewed based on the land use category provided in the Rate Study that best captures the broader use of the property under development. Changes in use or tenancy, if consistent with the general character of the building or building aggregations (i.e., “industrial park,” or “specialty retail”) should not be considered a change in use that is subject to an impact fee. Further, minor changes in tenancies that are consistent with the general character of the included structure, building, or previous use should not be considered changes in use subject to an impact fee. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact AGENDA ITEM # 8. d) ORDINANCE NO. ________ 5 fee rate for the prior use. Vacant buildings shall be assessed as if in the most recent legally established use as shown on a locally owned business license or development permit documents. 4. Vacant Structures or Buildings: There is not a limit on the number of years a single family dwelling unit is vacant to be eligible to use an impact fee deduction. After December 31, 2020, the following applies: a. When an existing structure or building or portion thereof has been vacant for less than two (2) years and six (6) months, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. i. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate for the prior use. b. When an existing structure or building or portion thereof has been vacant for more than two (2) years and six (6) months, but less than five (5) years, the impact fee shall be the applicable impact fee of the new use, less fifty percent (50%) of the amount paid for the land use category of the prior use. i. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to fifty percent (50%) of the current impact fee rate for the prior use. c. When an existing structure or building or portion thereof has been vacant for a period of five (5) years, the impact fee shall be the applicable impact AGENDA ITEM # 8. d) ORDINANCE NO. ________ 6 fee for the land use of the new category; there shall not be a deduction of the impact fee that was or was not previously paid for the land use category of the prior use. 45. Mixed Use: For mixed use developments, impact fees shall be imposed for the proportionate share of each land use, based on the applicable measurement in the impact fee rates in the City of Renton Fee Schedule. 56. Timing of Assessment and Collection: Impact fees shall be determined at the time the complete application for a building permit or a permit for a change in use is submitted using the impact fees then in effect. Impact fees shall be due and payable before the building permit or permit for a change of use is issued by the City. 67. Documentation of Credit Required: Feepayers allowed credits prior to the submittal of the complete building permit application or an application for a permit for a change of use shall submit, along with the complete application, a copy of the letter prepared by the Administrator, school district superintendent, or RRFA official setting forth the dollar amount of the credit allowed. Impact fees, as determined after the application of any credits, shall be collected from the feepayer no later than the time a building permit or permit for a change of use is issued. 78. Deferral for Subdivisions, Short Subdivisions, and Planned Unit Developments: An applicant for residential subdivision, short subdivision, or planned unit development may defer payment of impact fees for all of the AGENDA ITEM # 8. d) ORDINANCE NO. ________ 7 dwelling units to be created in the development until the earlier of the time of closing of the first sale of a single detached dwelling unit, condominium unit, or a multi‐family residential building or eighteen (18) months after the issuance of the original building permit, but only if before recording the subdivision or short subdivision, the applicant: a. Submits to the Administrator a signed and notarized deferred impact fee application and acknowledgement form, which includes the legal description, tax account number, and address of each individual in the development; b. Records at the applicant’s expense a covenant and lien that complies with the requirements of subsections G89bi through vii of this Section; and c. Pays the applicable nonrefundable administrative fee. 89. Deferral for Single Family, Condominium, and Multi‐Family Dwellings: A building permit applicant may defer payment of impact fees for a single detached dwelling unit, condominium unit, or all of the dwelling units in a multi‐ family residential building until the earlier of the time of closing of the first sale of a single detached dwelling unit, a condominium unit or a multi‐family residential building or eighteen (18) months after issuance of the original building permit, but only if before issuance of the building permit, the applicant: a. Submits to the Administrator a signed and notarized deferred impact fee application and acknowledgement form for each single detached dwelling unit, condominium unit or all of the dwelling units in a multi‐family residential building for which the applicant wishes to defer payment of the impact fees; and AGENDA ITEM # 8. d) ORDINANCE NO. ________ 8 b. Records at the applicant’s expense a covenant and lien in the amount of the deferred impact fee(s) and that includes the legal description, tax account number, and address of the property that: i. Requires payment of the impact fees to the City at the earlier of the time of closing of the first sale or eighteen (18) months after issuance of the original building permit; and ii. Provides that if the impact fees are paid through escrow at closing of sale, in the absence of an agreement between the buyer and the seller to the contrary, the impact fees shall be paid from the seller’s proceeds; and iii. Provides that the seller bears strict liability for the payment of the impact fees; and iv. Requires the seller or seller’s agent of property subject to the covenant and lien to provide written disclosure of the covenant and lien to a purchaser or prospective purchaser. Disclosure of the covenant must include the amount of impact fees payable and that the fees are to be paid to the City no later than the closing date; and v. Makes the applicant legally liable for payment of the impact fees if the fees are not paid by the earlier of the time of closing of the first sale or eighteen (18) months after the building permit has been issued; and vi. Is signed by all owners of the property as listed on a current title report, with all signatures acknowledged as required for a deed; and AGENDA ITEM # 8. d) ORDINANCE NO. ________ 9 vii. Is junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees. 910. Payment Methods: Payment of impact fees deferred under this subsection shall be made by cash, escrow company check, cashier’s check or certified check. 1011. Lien Release: Upon receipt of payment of impact fees deferred under this subsection, the City shall execute a lien release for each single detached dwelling unit, condominium unit, or multi‐family residential building for which the impact fees have been received. The property owner at the time of the release shall be responsible for recording the lien release. 1112. Foreclosure by City: If impact fees are not paid, in accordance with the provisions of this subsection, the City may institute foreclosure proceedings in accordance with chapter 61.12 RCW. 1213. Foreclosure by a School District: If the City does not institute foreclosure proceedings for unpaid school impact fees within forty five (45) days after receiving notice from a school district requesting that it do so, the district may institute foreclosure proceedings with respect to unpaid impact fees. 1314. Required Prior to Building Permit Issuance: The Department shall not issue the required building permit or the permit for the change of use until the impact fees have been paid or the signed and notarized deferred impact fee AGENDA ITEM # 8. d) ORDINANCE NO. ________ 10 application and acknowledgement form and deferral fee have been received and accepted by the City. 1415. Number of Deferrals Limited: Each applicant for a single family building permit, in accordance with his or her contractor registration number or other unique identification number, is entitled to annually receive deferrals under this subsection for the first twenty (20) single family building permits issued by the City to that applicant. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor AGENDA ITEM # 8. d) ORDINANCE NO. ________ 11 Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2097:11/15/19 AGENDA ITEM # 8. d) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REVISING REGULATIONS RELATED TO STREET TREES, BY AMENDING SUBSECTIONS 4‐4‐ 070.A, 4‐4‐070.B, 4‐4‐070.D, 4‐4‐070.F.2, 4‐4‐070.G.2, AND 4‐4‐130.H.9.d; SECTIONS 9‐15‐1, 9‐15‐2, AND 9‐15‐3; THE DEFINITION OF "DRIP LINE" IN SECTION 4‐11‐040; AND CHAPTER 9‐13, OF THE RENTON MUNICIPAL CODE; ADDING DEFINITIONS OF "ARBORIST, CITY" TO SECTION 4‐11‐010, AND "PLANTING STRIP" TO 4‐11‐160, OF THE RENTON MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, the Planning Commission held a public hearing on October 2, 2019, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; and WHEREAS, pursuant to RCW 36.70A.106, on October 16, 2019, the City notified the State of Washington of its intent to adopt amendments to its development regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsections 4‐4‐070.A, 4‐4‐070.B, 4‐4‐070.D, 4‐4‐070.F.2, and 4‐4‐070.G.2 of the Renton Municipal Code are amended as shown below. All other provisions in 4‐4‐070 remain in effect and unchanged. A. PURPOSE AND INTENT: AGENDA ITEM # 8. e) ORDINANCE NO. ________ 2 The purpose of these landscape requirements is to establish consistent and comprehensive landscape provisions to preserve and enhance the landscape character of the City; to improve the aesthetic quality of the built environment; to minimize erosion and reduce the impacts of development on natural areas within the City and on storm drainage systems and water resources in particular; to protect existing street trees; to provide shade, reduce noise and glare, and establish a healthier environment by producing oxygen, removing particulates from the air and improving a sense of well‐being; to provide transitions between various land uses; improve and soften the appearance of parking areas; to ensure plant establishment and survival; to increase privacy and protection from visual or physical intrusion; and to maintain, improve, and protect property values, and generally enhance the overall image and appearance of the City and quality of life for its citizens. It is not the intent of these regulations that rigid and inflexible design standards be imposed, but rather that minimum standards be set. It is expected that accepted horticultural practices and landscape architectural principles will be applied by design professionals. B. APPLICABILITY: 1. The requirements of this Section shall apply to the entire site, and/or all parking areas, and street frontages in any of the following cases: a. All subdivision including short plats; or b. All new buildings and new storm drainage facilities; or AGENDA ITEM # 8. e) ORDINANCE NO. ________ 3 c. Additions to existing buildings that increase the gross square footage of the building by greater than one third; or d. Conversion of vacant land (e.g., to parking or storage lots); or e. Conversion of a residential use to a non‐residential use; or f. Other changes in the use of a property or remodel of a structure that requires improvements equal to or greater than fifty percent (50%) of the assessed property valuation. D. PLANS REQUIRED AND TIMING FOR PLANS SUBMITTAL: Conceptual as well as detailed landscaping plans are required for all non‐ exempt development. Specific submittal requirements shall be as indicated in RMC 4‐8‐120, Submittal Requirements. The conceptual plans must be submitted at the time of land use permit application. Detailed landscape plans must be approved prior to issuance of a building permit or, for subdivisions, prior to issuance of permits for street or utility construction permit issuance. F. AREAS REQUIRED TO BE LANDSCAPED: 1. Street Frontage Landscaping Required: Ten feet (10') of on‐site landscaping is required along all public street frontages, with the exception of areas for required walkways and driveways and those zones with building setbacks less than ten feet (10'). In those cases, ten feet (10') of landscaping shall be required where buildings are not located. 2. Street Trees and Landscaping Required Within the Right‐of‐Way on Public Streets: Minimum planting strip widths between the curb and sidewalk are AGENDA ITEM # 8. e) ORDINANCE NO. ________ 4 established according to the street development standards of RMC 4‐6‐060. Street trees and, at a minimum, groundcover per subsection L2 of this Section, shall be planted within planting strips pursuant to the following standards, are to be located in this area when present. Spacing standards shall be as stipulated by the Department of Community and Economic Development, provided there shall be a minimum of one (1) street tree planted per lot. address. Any additional undeveloped right‐of‐way areas shall be landscaped unless otherwise determined by the Administrator. Refer to the City’s Approved Tree List and spacing standards available through the Department of Community and Economic Development and on the City’s website. a. Trees shall be selected from the City’s Approved Street Tree List based on the width of the planting strip and the presence or lack of overhead power lines; provided, the Administrator and City arborist shall each retain the right to reject any proposed cultivar regardless of whether or not the cultivar is on the City’s Approved Street Tree List. b. Street trees shall have a minimum caliper of two inches (2”), and be planted pursuant to the standards promulgated by the City, which may require root barriers, structured soils, or other measures to help prevent tree roots from damaging infrastructure. c. Street trees shall be planted in the center of the planting strip between the curb and the sidewalk at the following intervals provided that, where right‐of‐way is constrained, irregular intervals, and slight increases or decreases AGENDA ITEM # 8. e) ORDINANCE NO. ________ 5 may be permitted or required. Additionally, trees shall be planted in locations that meet required spacing distances from facilities located in the right‐of‐way including, but not limited to, underground utilities, street lights, utility poles, traffic signs, fire hydrants, and driveways; such spacing standards are identified in the City’s Approved Tree List. Generally, the following spacing is required: i. Small‐sized maturing trees: thirty feet (30’) on center; ii. Medium‐sized maturing trees: forty feet (40’) on center; and iii. Large‐sized maturing trees: fifty feet (50’) on center. 3. Front Yard Trees Required When Street Trees Are Not Located Within the Right‐of‐Way Abutting a Front Yard: Where there is insufficient right‐of‐way space or no public frontage, street trees are required in the front yard subject to approval of the Administrator. Front yard trees are not required in the RC and R‐ 1 zones. A minimum of two (2) trees are to be located in the front yard prior to final inspection. 4. Projects Abutting Less Intensive Zones or Uses: a. Nonresidential Development in a Residential Zone: A fifteen‐foot (15') wide partially sight‐obscuring landscaped visual barrier, or ten‐foot (10') wide fully sight‐obscuring landscaped visual barrier, is required along common property lines. b. When a Residential Multi‐family Zone or Use Is Abutting a Less Intense Residential Zone: A fifteen‐foot (15') wide partially sight‐obscuring AGENDA ITEM # 8. e) ORDINANCE NO. ________ 6 landscaped visual barrier, or ten‐foot (10') wide fully sight‐obscuring landscaped visual barrier, is required along the common property line. c. When a Commercial Zoned Lot or Use Is Abutting a Residential Zone: A fifteen‐foot (15') wide partially sight‐obscuring landscaped visual barrier, or ten‐foot (10') wide fully sight‐obscuring landscaped visual barrier, is required along the common property line. d. When an Industrial Zoned Lot or Use Is Abutting a Residential or Commercial Zone: A fifteen‐foot (15') wide partially sight‐obscuring landscaped visual barrier, or ten‐foot (10') wide fully sight‐obscuring landscaped visual barrier, is required along the common property line. 5. Pervious Areas to Be Landscaped: Pervious areas, with the exception of critical areas, shall have landscape treatment. Landscaping may include hardscape such as decorative paving, rock outcroppings, fountains, plant containers, etc. 6. Parking Lots: Vehicle parking lots shall meet minimum landscape standards in this Section. a. Perimeter Landscaping: All parking lots shall have perimeter landscaping. See subsection H4 of this Section, Perimeter Parking Lot Landscaping. b. Minimum Amounts of Interior Parking Lot Landscaping: Surface parking lots with more than fourteen (14) stalls shall be landscaped with plantings and trees as identified in this Section. Interior parking lot landscaping dimensions are stipulated in subsection H5 of this Section. Minimum landscape area shall be provided as follows: AGENDA ITEM # 8. e) ORDINANCE NO. ________ 7 Total Number of Parking Stalls Minimum Landscape Area 15 to 50 15 sf/parking space 51 to 99 25 sf/parking space 100 or more 35 sf/parking space c. Optional Layout Patterns: AGENDA ITEM # 8. e) ORDINANCE NO. ________ 8 d. Perimeter Interior Landscaping: Perimeter landscaping may not substitute for interior landscaping. e. Exception for Existing Parking Lots: Where compliance would result in the loss of existing required parking spaces, the landscaping provisions shall prevail and the required parking minimum amount may be reduced without the requirement of a parking code modification. 7. Minimum Freeway Frontage Landscaping: For properties abutting a freeway, ten feet (10') of landscaping from the right‐of‐way line is required. 8. Storm Drainage Facilities: a. Flow Control and/or Water Quality Treatment Facilities: The perimeter of all new flow control and/or water quality treatment stormwater facilities shall be landscaped in accordance with the provisions of this Section and the Surface Water Design Manual, unless otherwise determined through the site plan review or subdivision review process. b. Low Impact Development Facilities: Bioretention, infiltration, or other low impact development stormwater facilities shall be located to avoid on‐ AGENDA ITEM # 8. e) ORDINANCE NO. ________ 9 site clearing and grading, to the extent feasible. Such facilities shall be designed to incorporate plant species consistent with the Surface Water Design Manual, with a preference for native trees and shrubs. 9. Urban Separator Properties: Properties within urban separators are subject to landscaping requirements of RMC 4‐3‐110E in addition to the requirements of this Section. G. GENERAL LANDSCAPE REQUIREMENTS: 1. Compliance Required: Landscaping and screening required by this Section must comply with all of the provisions of this Section. The landscaping standards are minimums; higher standards can be substituted as long as fencing and vegetation do not exceed height limits specified in RMC 4‐4‐040. Crime prevention and safety should be considered in landscape design. 2. Protection of Street Trees: It shall be unlawful for any person without prior written approval of the City to remove, destroy, cut, break, or injure any street tree that is planted or growing in or upon any street right‐of‐way. Refer to Chapter 9‐13 of RMC, Street Trees and Shrubbery. 3. Retention of Existing Landscaping and Existing Trees Encouraged: Where possible, existing native trees and shrubs, rock outcroppings, and mature ornamental landscaping shall be preserved and incorporated in the landscape layout and can be counted towards required landscaping. Development or redevelopment of properties shall retain existing trees when possible and minimize the impact of tree loss during development. Landscape plans are subject AGENDA ITEM # 8. e) ORDINANCE NO. ________ 10 to RMC 4‐4‐130’s requirements to protect significant trees and vegetation with habitat value. 4. Calculation of Required Plantings: Some required landscaping areas require a minimum amount of plantings per square feet of area. If the calculation of the number of plantings results in a fraction of 0.5 or greater, the applicant shall round up to the next whole number. If the calculation of the number of plantings results in a fraction of 0.4 or less, the applicant shall round down to the next whole number. 5. Avoidance of Hazards: All landscaping shall be planned in consideration of the public health, safety, and welfare. a. Landscaping shall not intrude within the clear vision areas at driveways and street intersections; b. Trees planted near overhead power lines shall be species that will comply with utility purveyor clearance requirements; c. Landscaping shall not obscure fire hydrants or access for emergency response vehicles; and d. Landscaping in a parking lot shall not conflict with the safety of those using a parking lot, abutting sidewalks, or with traffic safety. 6. Vegetation Preference: Vegetation within required setbacks or screening areas shall be retained or planted in this order of preference: (a) native coniferous trees; (b) native deciduous trees; (c) other native vegetation. AGENDA ITEM # 8. e) ORDINANCE NO. ________ 11 Vegetated low impact development stormwater facilities may be incorporated as part of landscaped setbacks or screening requirement. SECTION III. Subsection 4‐4‐130.H.9.d of the Renton Municipal Code is amended as shown below. All other provisions in 4‐4‐130.9 remain in effect and unchanged. 9. Protection Measures During Construction: Protection measures in this subsection shall apply for all trees that are to be retained on site and off site. Off‐ site trees containing drip lines that encroach onto the site under construction shall be considered protected trees unless it is determined the abutting property owner is in compliance with subsection C of this Section, Allowed Tree Removal Activities. All of the following tree protection measures shall apply: a. Construction Storage Prohibited: The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. b. Fenced Protection Area Required: Prior to development activities, the applicant shall erect and maintain six‐foot (6') high chain link temporary construction fencing around the drip lines of all retained trees or at a distance surrounding the tree equal to one and one‐quarter feet (1‐1/4') for every one inch (1") of trunk caliper, whichever is greater, or along the perimeter of a tree protection tract. Placards shall be placed on fencing every fifty feet (50') indicating the words, “NO TRESPASSING – Protected Trees,” or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of AGENDA ITEM # 8. e) ORDINANCE NO. ________ 12 trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. c. Protection from Grade Changes: If the grade level adjoining to a tree to be retained is to be raised, the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree’s drip line. d. Impervious Surfaces Prohibited within the Drip Line: The applicant may not install impervious surface material within the area defined by the drip line of any tree to be retained, unless otherwise approved by the City. e. Restrictions on Grading within the Drip Lines of Retained Trees: The grade level around any tree to be retained may not be lowered within the greater of the following areas: (i) the area defined by the drip line of the tree, or (ii) an area around the tree equal to one and one‐half feet (1‐1/2') in diameter for each one inch (1") of tree caliper. A larger tree protection zone based on tree size, species, soil, or other conditions may be required. f. Mulch Layer Required: All areas within the required fencing shall be covered completely and evenly with a minimum of three inches (3") of bark mulch prior to installation of the protective fencing. Exceptions may be approved if the mulch will adversely affect protected ground cover plants. g. Monitoring Required during Construction: The applicant shall retain a certified arborist or licensed landscape architect to ensure trees are protected AGENDA ITEM # 8. e) ORDINANCE NO. ________ 13 from development activities and/or to prune branches and roots, fertilize, and water as appropriate for any trees and ground cover that are to be retained. h. Alternative Protection: Alternative safeguards may be used if determined to provide equal or greater tree protection. SECTION IV. Section 4‐11‐010 of the Renton Municipal Code is amended to add a new definition of "Arborist, City," in alphabetical order, to read as shown below. All other definitions in 4‐11‐010 remain in effect and unchanged. ARBORIST, CITY: The Urban Forestry and Natural Resources Manager of the City of Renton, or his or her designee. SECTION V. The definition of "Drip Line" in section 4‐11‐040 of the Renton Municipal Code is amended as shown below. All other definitions in 4‐11‐040 remain in effect and unchanged. DRIP LINE: A tree’s drip line shall be described by a line projected to the ground from the outer edge of the tree canopy delineating the outermost extent of foliage in all directions and coinciding with the area of the root mass. SECTION VI. Section 4‐11‐160 of the Renton Municipal Code is amended to add a new definition of "Planting Strip," in alphabetical order, to read as shown below. All other definitions in 4‐11‐160 remain in effect and unchanged. PLANTING STRIP: That part of a street right‐of‐way between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk. SECTION VII. Chapter 9‐13 of the Renton Municipal Code is amended as follows: CHAPTER 13 STREET TREES AND SHRUBBERY AGENDA ITEM # 8. e) ORDINANCE NO. ________ 14 SECTION: 9‐13‐1: Purpose Duty Of Person Owning 9‐13‐2: Definitions Violations Of This Chapter And Penalties 9‐13‐3: Power and Authority 9‐13‐4: Exemptions 9‐13‐5: Duties of Owner 9‐13‐6: Care of Street Trees 9‐13‐7: Tree Planting in the Right‐of‐Way 9‐13‐8: Tree Removal 9‐13‐9: Violations of this Chapter and Penalties 9‐13‐10: City Maintenance Responsibility List 9‐13‐1 PURPOSE: DUTY OF PERSON OWNING: It shall be the duty of every person owning or occupying any premises in the City on which there shall be growing any fruit, shade or forest trees, or shrubbery of any kind, to keep the same free from caterpillars, and in the event it is found that any fruit, shade or forest trees or shrubbery have become infested with caterpillars, it shall be unlawful for the owner or occupant of any such premises on which there shall be growing any such trees or shrubbery to fail or neglect to promptly take and use such methods as may be necessary to effectually destroy such caterpillars. A. Trees have substantial benefits to the public health, safety and welfare of the citizens of Renton, as well as to the environment. Additionally, the presence of trees in our community advances the economic, social and aesthetic well‐being of the community. Accordingly, the purpose of this chapter is to provide for the planting, maintenance and protection of trees within the City of Renton (hereafter “the City”) on City property. AGENDA ITEM # 8. e) ORDINANCE NO. ________ 15 B. The general purpose of this chapter is to exercise the City’s police power for the benefit of the public health, safety and welfare; to provide enforcement mechanisms, abatement and collection of abatement expenses by the City, and to these ends this chapter shall be liberally construed. C. This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, not for the benefit of any particular person or class of persons. D. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner of the land abutting public right‐of‐ways. No provision or term used in this chapter is intended to impose any duty upon the City or any of its officers, officials and employees which would subject them to damages in a civil action. 9‐13‐2 DEFINITIONS: VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this chapter are misdemeanors subject to RMC 1‑3‑1. Definitions used in this chapter shall have the following meanings: A. ALLEY: a public way, paved or unpaved, which is intended to provide or which provides a roadway for vehicular and pedestrian access to abutting properties and is generally located to the rear or side of those properties, but not including such a public way in its natural and undeveloped state which cannot be used by vehicles. B. ADMINISTRATOR: for the purposes of this chapter, the Administrator of the Department of Community and Economic Development or his or her designee. AGENDA ITEM # 8. e) ORDINANCE NO. ________ 16 C. CITY ARBORIST: the Urban Forestry and Natural Resources Manager of the City of Renton. D. CITY PROPERTY: all improved right‐of‐ways, unimproved right‐of‐ways, and all other parcels, lots, or acreages, including parks and open spaces, within the City of Renton owned by the City. E. CROWN: the leaves and branches of a tree, from the lowest branch on the trunk to the top. F. TOPPING: the indiscriminate removal of live branches and trunk ends without respect for branch unions or branch nodes or removing live branches from more than forty (40%) percent of the live crown. Also referred to as rounding‐ over, heading, and hat‐racking. G. DRIP LINE: a line projected to the ground from the outer edge of the tree canopy delineating the outermost extent of foliage in all directions. H. OWNER: any person who, alone or with others, has title or interest in property with or without accompanying actual possession thereof, and including any person who as agent, or as executor, administrator, trustee or guardian of an estate, has charge, care or control of any property. I. PLANTING STRIP: that part of a street right‐of‐way between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk. J. RIGHT‐OF‐WAY: all City property granted or reserved for, or dedicated to, public use for street purposes, together with City property granted or reserved AGENDA ITEM # 8. e) ORDINANCE NO. ________ 17 for, or dedicated to, public use for walkways, sidewalks, and bikeways, whether improved, unimproved, or unopened, including the air rights, subsurface rights and easements related thereto. K. STREET TREE: any tree which is located within the improved or unimproved right‐of‐way in the City of Renton. L. TREE TOPPING: Removing live branches from more than forty (40%) percent of a trees total height and/or removing live branches without respect for branch unions or branch nodes shall be considered topping. M. UNIMPROVED RIGHT‐OF‐WAY: right‐of‐way(s) that are not paved, graded, or otherwise altered for the purpose of vehicle, pedestrian, or bicycle travel. N. VEGETATION: trees, shrubs, grass, weeds, bushes, vines, and other plant materials, including but not limited to clippings, fallen leaves, fruit or branches. 9‐13‐3 POWER AND AUTHORITY: A. The City shall have the exclusive power and authority over the planting, care, and removal of trees and vegetation within all City property owned or controlled by the City as necessary to ensure public safety or to preserve and enhance the quality and beauty of such areas. B. The City arborist, or his/her designee, shall oversee the planting, care, and removal of trees on City property and within public right‐of‐way. 9‐13‐4 EXEMPTIONS: The following activities are exempt from the permitting requirements of this chapter: AGENDA ITEM # 8. e) ORDINANCE NO. ________ 18 1. Emergency Tree Removal: Any tree that poses an imminent threat to life or property may be removed. The City must be notified within seven (7) days of the emergency tree removal with evidence of the threat for removing the tree to be considered exempt from this Chapter. If the City arborist determines that the emergency tree removal was not warranted or if the removed tree was required by a development permit, the City arborist may require that the party obtain a permit and/or require that replacement trees and vegetation be replanted as mitigation. 2. Utility Maintenance: Trees may be removed by the City or utility provider in situations involving interruption of services provided by a utility only if pruning cannot solve utility service problems. Utility maintenance shall conform to a City‐approved Utility Vegetation Management Plan. 9‐13‐5 DUTIES OF OWNER: A. No person shall remove, plant, replace, prune, alter, perform surgery on a tree, or disturb the land within the dripline of any tree within public right‐of‐ways, or cause such work to be done by others, without first obtaining a permit from the City for such work; however, no person shall be required to obtain a permit to water trees, add mulch to trees, mow lawn or maintain shrubs or ground covers in the public right‐of‐way abutting their property, provided such actions do not result in damage to trees. AGENDA ITEM # 8. e) ORDINANCE NO. ________ 19 B. The owner of property abutting public sidewalk where tree branches overhanging said sidewalk are within eight (8) feet, measured vertically from any point on the sidewalk, shall notify the City arborist of such conditions. C. The owner of property abutting a public street or alley where tree branches overhanging said roadway are within sixteen (16) feet, measured vertically from any point on the roadway, shall notify the City arborist of such conditions. 9‐13‐6 CARE OF TREES: A. Utility Providers: Public utilities shall maintain any vegetation that interferes with their utilities and may prune trees; provided that the best practices, policies, techniques and methods for pruning trees established by the International Society of Arboriculture are followed. B. Tree Topping: Tree topping healthy trees shall be prohibited provided that trees severely damaged by storms or other causes, or certain trees under utility wires, or other obstructions where other pruning practices are impractical, may be topped for public safety. Tree topping without a permit expressly approving topping shall be considered an attempt of tree removal and shall be subject to the penalties described herein for unlawful tree removal. C. Injury to Trees Prohibited: No person shall commit any of the following acts upon a tree located within property owned or controlled by the City of Renton: 1. Injure, destroy, damage, mutilate, deface or commit any act which will prevent the growth or cause the death of any tree. AGENDA ITEM # 8. e) ORDINANCE NO. ________ 20 2. Secure, attach, fasten, nail or run through any rope, cable, wire, sign or fixture to, around or through any tree. 3. Deposit, place or permit the deposit of any toxic or hazardous substance on or about any tree. 4. Excavate or disturb the ground within the drip line of any tree without a permit. 5. Perform any work within the drip line of any tree without taking measures as directed by the City to protect the tree from injury and damage. 6. Remove any guard, stake or other protective device or close or obstruct any open space about the base of a tree designed to permit access of air, water or fertilizer. 7. Perform any other act contrary to this chapter. D. Construction Near Street Trees: Damage to street trees, including their root systems is prohibited. Construction activity within critical root zone of street trees shall be conducted using only hand equipment whenever such work will affect the tree, unless authorized in writing by the City arborist. 1. Roots: Roots greater than two inches (2”) in diameter shall not be severed without prior approval of the City arborist; other roots must be cleanly cut so that the bark and wood of the root are smooth and not jagged, splintered or fractured. Use of machinery that grabs and pulls roots is prohibited. AGENDA ITEM # 8. e) ORDINANCE NO. ________ 21 2. Mulch: A wood chip mulch six (6) inches thick shall be placed by hand around tree root systems prior to beginning work within the drip line in accordance with the standards promulgated by the City arborist. 3. Protection Within Drip Line: Tree roots, branches and trunks shall be protected from damage using the appropriate techniques promulgated by the City arborist. 4. Trenching, Excavations and Directional Boring: Trenching, excavation and directional boring methods and standards shall be determined by the City arborist. 9‐13‐7 TREE PLANTING IN THE RIGHT‐OF‐WAY: Proposed tree planting in the right‐of‐way without associated private land development shall be subject to RMC 4‐4‐070, Landscaping, and require an approved permit for planting by the City arborist. Whenever the City proposes the planting of a tree, two (2) weeks’ advance written notice will be provided to the owner of record of the parcel of land or property abutting the land on which such tree shall be planted. The absence of a timely notice shall not reason to delay the planting. 9‐13‐8 TREE REMOVAL: Applicants requesting to remove trees must submit a completed permit application on a form provided by the City. Street trees may be removed if the City arborist determines a tree is causing physical damage to property or has been damaged by past maintenance practices, for which generally accepted AGENDA ITEM # 8. e) ORDINANCE NO. ________ 22 arboriculture practices cannot correct the problem, and the removal can be performed without adversely affecting the health of adjacent trees. A. If tree removal is approved by the City, the following conditions shall apply: 1. Trees within the public right‐of‐way that are permitted to be cut down shall be removed with the root and stump grubbed or ground out to a depth of at least nine (9) inches below surface grade. 2. Surface roots beyond the main stump are to be removed to a depth of five (5) inches below grade. 3. All wood and debris shall be removed from the site and no wood or debris shall be permitted to remain on the street or sidewalk at the end of the work day. 4. Holes shall be properly barricaded or immediately filled to match the existing grade. 5. The site shall be barricaded to protect the public any time work is in progress. 6. A permit shall not be issued without proof of liability insurance at or above the City’s minimum insurance coverage requirements. B. When the City arborist determines that the removal of a tree is necessary or justified in connection with a permit, the tree(s) shall be replaced if possible. The cost of the removal and replacement of the tree shall be the responsibility of the permittee. Replacement of trees shall be in accordance with the following guidelines: AGENDA ITEM # 8. e) ORDINANCE NO. ________ 23 1. Tree selection and planting shall be in conformance with the provisions of section 4‐4‐070, Landscaping, in addition to this Chapter. 2. The number of replacement trees shall be at the ratio of one (1) replacement tree for every one (1) tree removed. 3. In lieu of planting replacement trees, and at the sole discretion of the City arborist, the permittee may contribute to the City’s tree fund a dollar amount equal to the value of the replacement trees, including installation costs. 4. The permittee shall be required to maintain all replacement trees in a healthy condition for a period of two (2) years after planting. The permittee shall be obligated to replant any replacement tree that dies, becomes diseased or is removed during this two (2)‐year time period. 5. The permittee has executed a hold harmless agreement in a form satisfactory to the City attorney, indemnifying the City from claims as a result of the permittee’s removal of said tree. 6. The provisions of this Chapter do not preclude the City from removing, maintaining, or replanting any vegetation, including trees, in public right‐of‐ways. 9‐13‐9 VIOLATIONS OF THIS CHAPTER AND PENALTIES: A. Damages to Trees: Damage to street trees shall be repaired by the City and the costs of repairs invoiced to the abutting property owner, or the person(s) whom caused the damage if known by the City. Damages shall be assessed by the City arborist using the most recent edition of the Guide for Plant Appraisal Trunk Formula Method. Where damage is severe, the City arborist may require the AGENDA ITEM # 8. e) ORDINANCE NO. ________ 24 removal of the tree instead of repair. The abutting property owner or person(s) whom caused the damage shall pay all costs of removal, including all site renovation costs, the damages assessed according to the Guide for Plant Appraisal and tree replacement costs. B. Unless otherwise specified, violations of this Chapter are misdemeanors subject to RMC 1‐3‐1. SECTION VIII. Sections 9‐15‐1, 9‐15‐2, and 9‐15‐3 of the Renton Municipal Code are amended as shown below. All other provisions in chapter 9‐15 remain in effect and unchanged. 9‐15‐1 PURPOSE: WEEDS OR VEGETATIVE ENCROACHMENTS: No owner or occupant of any lot, place or area within the City, or the agent of any such owner or occupant, shall permit on such lot, place or area: A. Any noxious weeds or deleterious, unhealthful growth or other noxious matter that may be growing, lying or located thereon. B. Any encroachment of any hedge, fence, vegetation, trees, bushes or other obstructions on any public alley, street or other public right‐of‐way, including sidewalks or walkways. 1. Planter strips and vegetated planter islands in rights‐of‐way are permitted subject to City landscaping, maintenance, and street standards in RMC 4‐4‐070 and 4‐6‐060, as well as Chapter 9‐13 RMC, and shall be managed to maintain pedestrian and vehicular passage and sight lines. 2. Vegetated low impact development facilities shall further be designed consistent with RMC 4‐6‐030 and the adopted Surface Water Design Manual. AGENDA ITEM # 8. e) ORDINANCE NO. ________ 25 9‐15‐2 NOTICE TO DESTROY: The Community and Economic Development Administrator, or his duly authorized representative, is hereby authorized and directed to notify, in writing, the owner or occupant of any such lot, place or area within the City, or the agent of such owner and, if the owner cannot be located, then the occupant of such property, to cut, destroy and/or remove any vegetation constituting a detriment to health and safety pursuant to RMC 9‐15‐3, such weeds or deleterious, unhealthful growth or other noxious matter found growing, lying or located on such owner’s or occupant’s property and thereupon such matter shall be removed by such owner or occupant within thirty (30) days from the date of such notice. In the event of any growth, vegetation, hedge, fence, tree or other obstruction encroaching upon any public right‐of‐way as hereinabove specified, a like prior notice shall be given unto such owner or occupant and the removal of such encroachment shall likewise be completed within thirty (30) days thereof. Such notice shall be either in person or by certified mail addressed to said owner, occupant or agent of said owner at his last known mailing address. 9‐15‐3 DETRIMENT TO HEALTH AND SAFETY: It is hereby found by the City that each of the following constitutes a health and safety hazard: A. Vegetation or refuse providing a harborage for rats or other rodents (excluding chipmunks and squirrels), rodent runs and habitats; AGENDA ITEM # 8. e) ORDINANCE NO. ________ 26 B. Vegetation which is poisonous or noxious, including but not limited to poison ivy, poison oak, poison hemlock, poison sumac and nightshade; C. Diseased vegetation which creates a danger of contamination; D. Vegetation which is infested with damaging insects; E. aAny such growth, whether noxious or deleterious, or any encroachment, as hereinabove defined, on public right‐of‐way, which is detrimental to the health, welfare and safety of the general public, including pedestrians and vehicular traffic. SECTION IX. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION X. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor AGENDA ITEM # 8. e) ORDINANCE NO. ________ 27 Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2084:11/19/19 AGENDA ITEM # 8. e) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4‐4‐080.G AND 4‐9‐240.D.1 OF THE RENTON MUNICIPAL CODE, AND ADDING SECTIONS 4‐4‐085 AND 4‐9‐105 TO THE RENTON MUNICIPAL CODE, REGULATING VEHICLE PARKING ON RESIDENTIALLY ZONED PROPERTY, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 23, 2019, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on September 4, 2019, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Chapter 4‐4 of the Renton Municipal Code is amended to add a new section 4‐4‐085, Parking of Vehicles on Residential Property, to read as follows: 4‐4‐085 PARKING OF VEHICLES ON RESIDENTIAL PROPERTY: A. PURPOSE: The primary purpose of yards on residential property is to provide access to light and air and to provide circulation, recreation, and landscaping around the AGENDA ITEM # 8. f) ORDINANCE NO. ________ 2 primary dwelling building. The presence of such yards on residential property is beneficial to the general health, safety, and welfare of the community. The purpose of this Section is to restrict the type and number of vehicles that may be parked on residential property by declaring the parking of vehicles in violation of this Section to be a public nuisance and such violations, if unabated, present a risk to public health, safety and welfare. This Section does not address the development standards for off‐street parking facilities, which can be found in RMC 4‐4‐080. B. APPLICABILITY: This Section applies to the parking or storage of vehicles on any residentially zoned (RC, R‐1, R‐4, R‐6, R‐8, R‐10, R‐14, and RMF) lot upon which one (1) or more dwelling units exist. C. DEFINITIONS: For the purpose of this Section, the following terms shall be defined as follows: 1. Commercial Vehicle: Any motor vehicle that does not meet the definition of “recreational vehicle,” as defined herein, and (a) exceeds nine (9) feet in height measured from the ground to the highest part of the vehicle or frame‐ mounted cargo attachment, (b) has a cargo area, truck bed, or frame that extends more than nine (9) feet behind the vehicle’s passenger cab or seating area, (c) has a curb weight of more than ten thousand (10,000) pounds, or (d) can accommodate eight (8) or more persons not including the driver. This definition is intended to include vehicles that are generally not for personal use and are not in AGENDA ITEM # 8. f) ORDINANCE NO. ________ 3 keeping with the character of residential areas, which includes but is not limited to, all box trucks, cargo trucks/vans, chassis cabs, cutaway trucks/vans, utility trucks, flat‐bed trucks, high‐cube (a.k.a., hicube) trucks, tow trucks, delivery trucks, and landscaping trucks. For the purpose of applying/enforcing this definition, the City may rely upon actual measurements, manufacturer published specifications, and/or observations and perceptions that make it apparent the maximum specifications are exceeded. 2. Curb Weight: The weight of a motor vehicle without occupants or cargo as determined by the vehicle manufacturer (also called “Gross Vehicle Weight” or “empty scale weight”) or as reported by the Washington State Department of Licensing. 3. Licensed Driver: A person who has obtained a valid driver’s license in accordance with Chapter 46.20 RCW. 4. Recreational Vehicle: A vehicle, with or without motive power, capable of human habitation or camping purposes and/or used for sporting, recreation, or social activities including but not limited to trailers, motor coaches, motor homes, fifth‐wheels, campers, camper shells, camper trailers, snowmobiles and snowmobile trailers, boats and boat trailers, all‐terrain vehicles and all‐terrain vehicle trailers, and utility trailers. 5. Trailer: Any vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other AGENDA ITEM # 8. f) ORDINANCE NO. ________ 4 connector, and ordinarily used for transporting items upon public streets and highways. D. GENERAL: 1. Obstruction of Right‐of‐Way: It shall be a violation of this Section for a vehicle to be parked in such a manner that it intrudes into the public right‐of‐way. 2. Disabled or Unlicensed Vehicles and Boats: It is unlawful for any person to keep, store or park, or to permit any other person to keep, store or park, any disabled vehicle or boat, or unlicensed vehicle or boat, on any residentially zoned property within the City unless that vehicle or boat is stored and parked outside public view within a fully enclosed building at all times. Vehicles and boats which are kept on‐site and outside of an enclosed building shall be operational and currently registered. 3. Impermissible Parking Locations: Except for recreational vehicles and commercial vehicles being used for development activity pursuant to a valid City‐ issued permit, all motor vehicles shall be parked on a lawfully established driveway or an approved impervious surface. A separate violation of this Section shall be deemed to have occurred when, after issuance of a citation, twenty‐four (24) or more consecutive hours passes and the offending vehicle remains in an impermissible location, regardless of whether or not the vehicle has been relocated from the original location. For the purpose of this Section, driveways consisting of compacted dirt and/or gravel established prior to the effective date of this Section shall be considered a permissible parking location. AGENDA ITEM # 8. f) ORDINANCE NO. ________ 5 4. Maximum Number of Vehicles per Lot: A maximum of four (4) vehicles, not including motorcycles or mopeds, may be parked on a lot unless vehicles in excess of the allowed number are kept within an enclosed building. Additional vehicles may be allowed if: a. More than four (4) licensed drivers reside at the same address, an additional motor vehicle for each licensed driver over four (4) may be parked at that particular address, provided that each licensed driver and said vehicle are registered to that same address; or b. An Additional Vehicles Permit is obtained (see RMC 4‐9‐105). c. RMC 4‐4‐080, Parking, Loading and Driveway Regulations, allows more off‐street parking stalls for the subject property based on the presence of lawfully established structures and uses. E. COMMERCIAL VEHICLES: No more than one (1) commercial vehicle shall park or otherwise be stored on any lot in any residential zone except as allowed through an Additional Vehicles Permit, provided that no semi‐trucks, semi‐cabs, or tractor trailers shall be permitted. The following vehicles shall be exempt from this subsection: 1. A vehicle that is being actively loaded or unloaded; or 2. A vehicle that is being used for the exclusive purpose of providing active and permitted construction or other hired services with the permission of the owner of the property at that location including, but not limited to, construction, carpentry, plumbing, landscaping, and moving services. AGENDA ITEM # 8. f) ORDINANCE NO. ________ 6 F. RECREATIONAL VEHICLES: Except for loading and unloading activities completed within three (3) days within a two (2)‐week period, parking or storage of recreational vehicles is not permitted unless there is compliance with the following: 1. Permitted Parking Locations: The following locations are listed in order of preference. If a specified location is not available for parking a recreational vehicle due to physical constraints, conflicts with other provisions of Renton Municipal Code, or based on the judgment of the Administrator, then the subsequent location shall be an eligible location for compliance with this subsection. a. Within a vented garage, or a carport; b. In a side or rear yard, and parked at least a five feet (5’) from property lines for recreational vehicles taller than eight feet (8’), whether on or off a trailer. If parked broadside to a street on the side or rear of a lot, the recreational vehicle must be sight‐screened from that street; c. Within a front yard on a driveway parked at least five feet (5’) from the side property line and perpendicular to the street; d. In other locations determined by the Administrator to be less obtrusive than the above locations. Screening may be required to meet this standard; and e. If none of the above locations are feasible, the recreational/utility vehicle must be stored off‐site. AGENDA ITEM # 8. f) ORDINANCE NO. ________ 7 2. Modifications: The Administrator shall have the authority to modify the standards of this Section, subject to the provisions of RMC 4‐9‐250.D, Modification Procedures. 3. Effective Date: Notwithstanding any other provision of this Section, recreational vehicles shall not be regulated by this subsection, RMC 4‐4‐085.F, Recreational Vehicles, for one (1) year from the effective date of the first ordinance codified in this Section. G. VIOLATIONS AND PENALTIES: Any person who owns or is in control of property where a violation of this Section has occurred shall be guilty of a misdemeanor, pursuant to RMC 1‐3‐1. SECTION III. The Type II Land Use Permit Procedures in subsection 4‐8‐080.G of the Renton Municipal Code are amended as shown below. All other provisions in 4‐8‐080.G remain in effect and unchanged. G. LAND USE PERMIT PROCEDURES: LAND USE PERMITS PUBLIC NOTICE OF APPLICATION RECOMMENDATION OPEN RECORD HEARING7 DECISION/ ADOPTION OPEN RECORD APPEAL CLOSED RECORD HEARING JUDICIAL APPEAL TYPE I Building and Grading Permits1 No No No Staff HE CC SC Business Licenses for Home Occupations (no customer visits/deliveries) No No No Staff HE CC SC Deferrals No No No Staff HE CC SC Final Plats No No No Staff CC SC Lot Line Adjustments No No No Staff HE CC SC AGENDA ITEM # 8. f) ORDINANCE NO. ________ 8 LAND USE PERMITS PUBLIC NOTICE OF APPLICATION RECOMMENDATION OPEN RECORD HEARING7 DECISION/ ADOPTION OPEN RECORD APPEAL CLOSED RECORD HEARING JUDICIAL APPEAL Minor Modification to Previously Approved Site Plan (<10%) No No No Staff HE CC SC Modifications, Deviations, Alternates of Various Code Standards2 No No No Staff HE CC SC Public Art Exemption Certificate No No No Staff HE CC SC Routine Vegetation Management Permits (SEPA exempt) No No No Staff HE CC SC Shoreline Exemptions No No No Staff HE CC SC Small Cell Permits No No No Staff HE CC SC Special Fence Permits No No No Staff HE CC SC Temporary Use Permit: Tier I No No No Staff HE CC SC Waivers2 No No No Staff HE CC SC Other SEPA Exempt Activities/Actions No No No Staff HE CC SC TYPE II Additional Animals Permit Yes No No Staff HE CC SC Administrative Variances Yes No No Staff HE CC SC Additional Vehicles Permit Yes No No Staff HE CC SC Business Licenses for Home Occupations (with customer visits/deliveries) Yes No No Staff HE CC SC Conditional Approval Permit Yes No No Staff HE CC SC AGENDA ITEM # 8. f) ORDINANCE NO. ________ 9 LAND USE PERMITS PUBLIC NOTICE OF APPLICATION RECOMMENDATION OPEN RECORD HEARING7 DECISION/ ADOPTION OPEN RECORD APPEAL CLOSED RECORD HEARING JUDICIAL APPEAL (nonconforming structures) Critical Area Permit Yes No No Staff HE CC SC Planned Urban Development, final Yes No No Staff HE CC SC Temporary Use Permits: Tier II Yes No No Staff HE CC SC Temporary Emergency Wetland Permit Yes No No Staff HE CC SC Variances, Administrative Yes No No Staff HE CC SC Binding Site Plans Yes No No Staff HE CC SC Conditional Use Permit (administrative) Yes No No Staff HE CC SC Development Permit (special flood hazard) Yes No No Staff HE CC SC Environmental Review9 Yes No No Staff HE CC SC Master Site Plan Approvals (individual phases) Yes No No Staff HE CC SC Site Plan Review (administrative) Yes No No Staff HE CC SC Shoreline Permit Yes No No Staff DOE CC SC Short Plats Yes No No Staff HE CC SC TYPE III4 Bulk Storage Special Permit Yes Staff HE HE CC SC Conditional Use Permit (Hearing Examiner) Yes Staff HE HE CC SC Fill and Grade Permit, Special Yes Staff HE HE CC SC AGENDA ITEM # 8. f) ORDINANCE NO. ________ 10 LAND USE PERMITS PUBLIC NOTICE OF APPLICATION RECOMMENDATION OPEN RECORD HEARING7 DECISION/ ADOPTION OPEN RECORD APPEAL CLOSED RECORD HEARING JUDICIAL APPEAL Major Amendments to Plats Yes Staff HE HE CC SC Master Site Plan Approval (overall plan) Yes Staff HE HE CC SC Mobile Home Parks, Preliminary and Final Yes Staff HE HE CC SC Planned Urban Development, preliminary Yes Staff HE HE CC SC Preliminary Plats – 10 Lots or More Yes Staff HE HE CC SC Shoreline Conditional Use Permit6 Yes Staff HE DOE, HE SHB Shoreline Variance6 Yes Staff HE DOE, HE SHB Site Plan Review (Hearing Examiner) Yes Staff HE HE CC Special Permits Yes Staff HE HE CC Temporary Use Permits: Tier III Temporary Homeless Encampments Yes Staff HE HE CC SC Variances (associated with Hearing Examiner land use review) Yes Staff HE HE CC TYPE IV4 Rezones (site‐specific, not associated with a Comprehensive Plan amendment) Yes Staff, HE HE CC SC TYPE V4 Street Vacations8 Yes Public Works Staff CC CC SC TYPE VI4 AGENDA ITEM # 8. f) ORDINANCE NO. ________ 11 LAND USE PERMITS PUBLIC NOTICE OF APPLICATION RECOMMENDATION OPEN RECORD HEARING7 DECISION/ ADOPTION OPEN RECORD APPEAL CLOSED RECORD HEARING JUDICIAL APPEAL Development Regulation Text Amendments8 Yes Staff, PC PC CC GMHB Comprehensive Plan Map or Text Amendments (may include associated rezones)8 Yes Staff, PC PC CC GMHB LEGEND: Staff – Community and Economic Development Staff ERC – Environmental Review Committee PC – Planning Commission Admin. – Community and Economic Development Administrator HE – Hearing Examiner CC – City Council DOE – Washington State Department of Ecology SC – Superior Court SHB – Shoreline Hearings Board GMHB – Growth Management Hearings Board NA – Not Applicable FOOTNOTES: 1. SEPA exempt or for which the SEPA/land use permit process has been completed. 2. Administratively approved. AGENDA ITEM # 8. f) ORDINANCE NO. ________ 12 3. Deleted. 4. Environmental review may be associated with a land use permit. The Environmental Review Committee (ERC) is responsible for environmental determinations. 5. The Community and Economic Development Administrator shall hear variances where not associated with a development that requires review by the Hearing Examiner. 6. Shoreline conditional use permits and shoreline variances also require approval of the State Department of Ecology (DOE). DOE has up to thirty (30) days to make a decision on a permit. This time period does not count toward the one hundred twenty (120) day maximum time limit for permit decisions. DOE’s decision is followed by a twenty one (21) day appeal period, during which time no building permit for the project may be issued. 7. An open record appeal of an environmental threshold determination must be held concurrent with an open record public hearing. 8. Street vacations, development regulation text amendments, and Comprehensive Plan map or text amendments are exempt from the one hundred twenty (120) day permit processing time limit. 9. Environmental review for a permitted/secondary/accessory use not requiring any other land use permit. SECTION IV. Chapter 4‐9 of the Renton Municipal Code is amended to add a new section 4‐9‐105, Additional Vehicles Permit, to read as follows: AGENDA ITEM # 8. f) ORDINANCE NO. ________ 13 4‐9‐105 ADDITIONAL VEHICLES PERMIT: A. PURPOSE: To ensure the parking or storage of additional vehicles on residentially zoned property occurs in a manner that does not adversely affect public health, safety or welfare, and is appropriate based on available parking and vehicular access. B. APPLICABILITY: Additional Vehicles Permits are required if the number of vehicles or the allowed weight of a vehicle exceeds the standards of RMC 4‐4‐085, Parking of Vehicles on Residential Property. Additional Vehicles Permits are issued to properties and remain valid unless the permit is revoked. C. AUTHORITY AND RESPONSIBILITY: The Development Services Division, if satisfied that all requirements for an Additional Vehicles Permit application are met, may approve, deny, or conditionally approve the issuance of the Additional Vehicles Permit. Staff may inspect the property prior to approval to determine if the information in the application is correct and the property can accommodate the additional vehicle(s) based on Renton Municipal Code standards and regulations. D. MAXIMUM NUMBER OF VEHICLES PERMITTED WITH AN ADDITIONAL VEHICLES PERMIT: The number of vehicles allowed with the Additional Vehicles Permit is at the discretion of the Development Services Division in consideration of any effects on AGENDA ITEM # 8. f) ORDINANCE NO. ________ 14 adjoining properties, and whether or not adequate parking and vehicular access is available to accommodate the additional vehicles. E. NOTIFICATION: 1. Notification: Public notice shall be accomplished consistent with RMC 4‐8‐090, Public Notice Requirements. 2. Comment Period and Decision: The notice of application comment period shall expire prior to the issuance of a decision by the Development Services Division, which may approve, conditionally approve or deny the proposed application. F. CONDITIONS: The Development Services Division, in reviewing an Additional Vehicles Permit application, may require screening of the additional vehicle(s) from adjoining properties or the public right‐of‐way as deemed necessary to ensure compatibility or mitigation of their effects. Other conditions may be applied based upon the determination of the Development Services Division that conditions are warranted to meet the purpose and intent of applicable regulations and decision criteria. G. REVOCATION OF PERMIT: An Additional Vehicles Permit may be revoked if the vehicles parked or stored on the property are found to be in violation of other provisions of Renton Municipal Code (e.g., the vehicles are found to be inoperable), or if unlawful activities related to vehicles have occurred (e.g., vehicle sales or vehicle repair). AGENDA ITEM # 8. f) ORDINANCE NO. ________ 15 SECTION V. Subsection 4‐9‐240.D.1 of the Renton Municipal Code is amended as shown below. All other provisions in 4‐9‐240.D remain in effect and unchanged. D. TEMPORARY USE PERMITS ARE REQUIRED FOR OTHER TEMPORARY USES OR STRUCTURES: The following uses or structures are separated into Tier I, Tier II, and Tier III temporary use categories. Those in the Tier I category are processed as Type I land use applications, those in the Tier II category are processed as Type II applications, and those in the Tier III category are processed as Type III applications. Projects subject to SEPA are processed differently. 1. Tier I: Examples of temporary uses in this category include: a. Activities allowed by the base zone, b. Mobile food vendors located in the CN, COR, and UC zones, c. More than one mobile food vendor per lot in the IL, IM, IH, CV, CA, CD, and CO zones, d. Vehicle sales events held on property not currently used as an auto dealership and within the Automall Area and/or Employment Area, e. Christmas tree lots, f. Sales events not determined to be exempt pursuant to subsection C3 of this Section, g. Temporary manufactured homes for medical hardship, AGENDA ITEM # 8. f) ORDINANCE NO. ________ 16 h. Model homes (equaling the lesser of five (5) homes or twenty percent (20%) of the total lots, when located within the subdivision or residential development to which they pertain), and i. Proposed temporary uses not listed in this subsection that are found to meet the intent and purposes of this Section, as determined by the Administrator. j. Habitation of motorhomes, travel trailers, or campers for up to thirty (30) days and no more than four (4) times each calendar year, provided that the habitation of such vehicle may occur for no more than seven (7) days within a six (6) month period without a permit. 2. Tier II: Examples of temporary uses in this category include: a. Activities limited or prohibited by the base zone, b. Mobile food vendors located in the residential zoning designations or within fifty feet (50') of a lot zoned residential, c. Mobile food vendors operating between the hours of 12:00 a.m. (midnight) and 5:00 a.m. on a daily basis per subsection K2 of this Section, d. Storage trailers, e. Circuses, carnivals, fairs, or similar transient amusement or recreational activities, and f. Proposed temporary uses not listed in this subsection that are found to meet the intent and purposes of this Section, as determined by the Administrator. AGENDA ITEM # 8. f) ORDINANCE NO. ________ 17 3. Tier III: Temporary homeless encampments is the use in this category, and shall have an application fee of one hundred dollars ($100.00). SECTION VI. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2086:11/13/19 AGENDA ITEM # 8. f) CITYOFRENTON,WASHINGTONORDINANCENO._______ANORDINANCEOFTHECITYOFRENTON,WASHINGTON,AMENDINGRENTONMUNICIPALCODESUBSECTIONS4-2-060.D,4-2-080.A.7,4-2-110.A,4-2-110.B,4-2-110.C,4-2-110.0,4-2-110.E,4-2-110.F,4-2-115.B,4-3-110.E.5.a.i,4-4-080.E.2.a,4-4-0$0.E.2.e,AND4-4-080.F.10.d;CHAPTER4-2;ANDSECTION4-9-030;BYAMENDINGACCESSORYDWELLINGUNIT(ADU)DEVELOPMENTSTANDARDS,INCLUDINGADDINGANEWSECTION4-2-116REGULATINGADUDESIGNSTANDARDS,AMENDINGPARKINGSTANDARDSRELATINGTOADUs,ADDINGANEWSUBSECTION4-9-030.HREGULATINGADUDECISIONCRITERIA;PROVIDINGFORSEVERABILITY;ANDESTABLISHINGANEFFECTIVEDATE.WHEREAS,theCityseekstoreducebarrierstoAccessoryDwellingUnit(ADU)constructionandstreamlinetheapplicationprocesswiththeintentofdiversifyingandincreasinghousingopportunitiesinRenton;andWHEREAS,thismatterwasdulyreferredtothePlanningCommissionforinvestigationandstudy,andthematterwasconsideredbythePlanningCommission;andWHEREAS,pursuanttoRCW36.70A.106,onSeptember17,2019,theCitynotifiedtheStateofWashingtonofitsintenttoadoptamendmentstoitsdevelopmentregulations;andWHEREAS,thePlanningCommissionheldapublichearingonOctober2,2019,consideredallrelevantmatters,andheardallpartiesinsupportoropposition,andsubsequentlyforwardedarecommendationtotheCityCouncil;NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFRENTON,WASHINGTON,DOORDAINASFOLLOWS:SECTIONI.AllportionsoftheRentonMunicipalCodeinthisordinancenotshowninstrikethroughandunderlineeditsremainineffectandunchanged.1AGENDA ITEM # 8. g) ORDINANCENO.SECTIONII.Subsection4-2-060.DoftheRentonMunicipalCodeisamendedasshownonAttachmentA.SECTIONIII.Subsection4-2-O8O.A.7oftheRentonMunicipalCodeisamendedasshownbelow.Allotherprovisionsin4-2-08O.Aremainineffectandunchanged.7.Accessorydwellingunits(ADUs)maybeallowedasanaccessoryusetoadetachedsingle-familydwelling,pursuanttotheconditionaluscpermitprocess.ADUsshallbesubjecttothedevelopmentstandardsapplicabletoprimarystructuresandconsistentwiththearchitecturalcharacteroftheprimarystructure.ThepropertyownershallfileanaffidavitaffirmingthattheownerwilloccupytheprincipaldwellingortheADU.Additionally,priortotheissuanceofbuildingpermitstheownershallrecordanoticeonthcpropertytitlc.Thenoticeshallbearthenotarizedsignatureofallpropertyownerslistedonthepropertytitleandinclude:thelegaldescriptionoftheproperty,acopyoftheapprovedsite/floorplan,andtheapplicabilityoftherestrictionsandlimitationsregardingADUsinRMCTitleIV.Nomorethanfifty(50)totalADUsmaybcpermittedpercalendaryear.UnlessowneroccupancyisnotrequiredasaresultoftheConditionalUsePermitprocess(SeeRMC4-9-030.H),priortotheissuanceofbuildingpermitsthepropertyownershall(1)fileanaffidavitaffirmingthattheownerwillliveonsite,occupyingtheprimarydwellingorADU;and(2)recordanoticeonthepropertytitlebearingthenotarizedsignatureofallpropertyownerslistedonthepropertytitleandincluding:thelegaldescriptionoftheproperty,acopyoftheapproved2AGENDA ITEM # 8. g) ORDINANCENO.site/floorplan,andtheapplicabilityoftherestrictionsandlimitationsregardingADUsinRMCTitleIV.SECTIONIV.Thetitleofsubsection4-2-110.AoftheRentonMunicipalCodeisamendedtoremovereferencetoattachedaccessorystructures,asshownonAttachmentB.Allotherprovisionsin4-2-110.Aremainineffectandunchanged.SECTIONV.Subsection4-2-11O.BoftheRentonMunicipalCodeisamendedasfollows:4-2-110.8DEVELOPMENTSTANDARDSFORRESIDENTIALDEVELOPMENT(DETACHEDACCESSORYBUILDINGS)MAXIMUMNUMBERANDSIZEGeneralRC,R-1,R-4,R-6,R-8,R-10,R-Accessorystructuresshallonlybeallowedonlotsin14andRMFconjunctionwithaprimaryuse.Thetotalfloorareaofallaccessorybuildingsshallnotbegreaterthanthefloorareaoftheprimaryresidentialuses.ThelotcoverageoftheprimaryresidentialstructurecombinedwithallaccessorybuildingsshallnotexceedthemaximumlotcoverageoftheZoningDistrict.’7[AtcessoryDwellingUnitRC,R1,ft1,R6,R8,R10and1unitperlegallot—300sq.ft.or75%ofprimaryresidence,R—14whicheverissmaHer.RM[OtherTypesofAccessoryStructuvesAllowedinAdditiontoAccessoryDwellingUnitftCandR-12structures—max.720sq.ft.perstructure,or1structure—max.1,000sq.ft.Inaddition,1barnorstable—max.2,000sq.ft.,providedthelotis5acresormore.R-4,R-6,andR-82structures—max.720sq.ft.perstructure,or1structure—max.1,000sq.ft.R-10andR-141structureperresidentialunit—max.400sq.ft.;provided,thattheyarearchitecturallyconsistentwiththeprincipalstructure.3AGENDA ITEM # 8. g) ORDINANCENO.MAXIMUMWALLPLATEHEIGHT’8”9Exceptgreenhouses,sheds,orothersimilaraccessorystructures—max.150sq.ft.RCAccessorybuilding—12ft.R-1,R-4,R-6,andR-8Accessorybuilding—12ft.AccessorydwellingunitsandaAnimalhusbandryoragriculturalrelatedstructuresaresubjecttothemaximumwallplateheightofsubsectionAofthisSection,andassociatedconditions.Additionally,thestructureshallnotbetallerthantheprimarydwelling.R-10andR-14Accessorybuilding—12ft.AccessorydwellingunitandAgriculturalrelatedstructuresaresubjecttothemaximumwallplateheightofsubsectionAofthisSection,andassociatedconditions,exceptthatthestructureshallnotbetallerthantheprimarydwelling.RMF25ft.20,exceptthatthestructureshallnotbetallerthantheprimarybuilding(s).fMaximumHeightforPublicFacilitiesshallbedeterminedthroughsiteplanreview.MaximumHeightforWirelessCommunicationFacilities(IncludingAmateurRadioAntennas)RC,R-1,R-4,R-6,R-8,R-10,R-SeeRMC4-4-140,WirelessCommunicationFacilities.14,andRMFFreestandingverticalmonopoleamateurradioantennasareallowedamaximumheightof45ft.withoutaConditionalUsePermit.TallerstructureswillhavemaximumheightdeterminedpursuanttoRMC4-9-030,ConditionalUsePermits.tLOCATIONLGeneralRC,R-1,R-4,R-6,R-$,R-10,R-6ft.fromanyresidentialstructure.Ifsitedcloserthan6ft.,14andRMFthestructurewillbeconsideredtobeattached.R-14Foranylotthatabutsanalley,vehicularaccesstogaragesorcarportsshallbethroughthealley.Whenlotsdonotabutanalley,allgaragesandcarportsshallbelocatedintherearyardorsideyard.MINIMUMSETBACKSFrontYard4AGENDA ITEM # 8. g) ORDINANCENO.RC,R-1,R-4,R-6,R-8,R-10,R-Setbacksappliedtotheprimarystructurealsoapplyto14andRMFaccessorystructures.Accessorystructuresshallnotbelocatedbetweentheprimarystructureandastreet.4[SideYardsforAccessoryBuildingsRCandR-15ft.,unlesslocatedbetweentherearofthehouseandtherearpropertyline,then0ft.sideyardisallowed.R-4,R-6,R-8,R-10,R-14and3ft.,unlesslocatedbetweentherearofthehouseandtheRMFrearpropertyline,then0ft.sideyardisallowed.deYardsforAccessoryDwellingUnitsR-gR10andR144ft.,exceptwhenalongaStreet,thenSft.RM[RearYardsforAccessoryBuildings5R-1,R-4,R-6,R-8,R-10,R-143ft.,unlesslocatedbetweentherearofthehouseandtheandRMFrearpropertyline,then0ft.rearyardisallowed.Whenlocatedwithin10ft.oftherearpropertyline,atleast25%ofthelineallengthoftherearyardshallremainunoccupiedfromaccessorystructures,exceptwhentherearpropertylineabutsanalley.Exceptforgarages/carportsaccessedthroughalleys:toensureadequatevehicularmaneuveringarea,garagesandcarportsthatareaccessedthroughalleysshallbesetbackasfollows:1.9ft.garagedoorsshallbeatleast26ft.fromthebackedgeofthealley,or2.16ft.garagedoorsshallbeatleast24ft.fromthebackedgeofthealley.tPeprYardsforAcccssoryDwcllinUnitsRC,R1,R4,R6,R3,R10,RToensureadequatevehicularmaneuveringarea,accessory14andRMFdwellingunitsthatincorporateagarage/carportshallhavean5AGENDA ITEM # 8. g) ORDINANCENO.obstructionfreeprep(inclusiveofthealley)foralengthbasedonthcwidthofthegaragedoors:1.9ft.garagedoorsshallbeatleast26ft.fromthcadjacentpropertyline;or2.16ft.garagedoorsshallbeatleast24ft.fromtheadjacentpropertyline.Proposalswithalternategarage/carportdistancesshallbe,consideredanddeterminedthroughadministrativereview.RGDeterminedthroughadministrativereview,tobenolessthan10ft.andnogreaterthan35ft.R1andRIDeterminedthroughadministrativereview,tobenolessthan10ft.andnogreaterthan25ft.R6andR8Determinedthroughadministrativereview,tobenolessthan5ft.andnogreaterthan20ft.R10andR11Determinedthroughadministrativereview,tobenolessthan5ft.andnogreaterthan10ft.RMn/acial_SetbacksforAnimalHusbandryorAgriculturalRelatedStructuresRC,R-1,R-4,R-6,R-8,R-10,andAgriculturalrelatedstructures—50ft.fromanypropertyline.R-14Stablesandotheranimalhusbandryrelatedstructures,seeRMC4-4-010,AnimalKeepingandBeekeepingStandards.RMFn/a[ClearVisionAreaRC,R-1,R-4,R-6,R-8,R-10,R-Innocaseshallastructureover42in.inheightintrudeinto14andRMFthe20ft.clearvisionareadefinedinRMC4-11-030.[CRITICALAREASGeneralRC,R-1,R-4,R-6,R-8,R-10,andSeeRMC4-3-050,CriticalAreasRegulations,and4-3-090,R-14ShorelineMasterProgramRegulations.SECTIONVI.Subsections4-2-110.C,4-2-110.D,4-2-110.E,and4-2-110.FoftheRentonMunicipalCodeareamendedasshownonAttachmentC.Allotherprovisionsin4-2-110remainineffectandunchanged,exceptfortherevisionsto4-2-110.BasspecifiedinSECTIONSIVandVofthisordinance.6AGENDA ITEM # 8. g) ORDINANCENO.SECTIONVII.Subsection4-2-115.BoftheRentonMunicipalCodeisamendedasfollows:B.APPLICABILITY:1.ThisSectionshallapplytoallnewprimaryandattacheddwellingunitsinthefollowingzones:ResourceConservation(RC),Residential-i(R-i),Residential-4(R-4),Residential-6(R-6),Residential-8(R-8),Residential-iOfR-b),andResidential-14(R-14),andunitlotsubdivisionswithintheRMFzone.ThestandardsoftheSiteDesignsubsectionarerequiredtobeaddressedatthetimeofsubdivisionapplication.ThestandardsoftheResidentialDesignsubsectionarerequiredtobeaddressedatthetimeofapplicationforbuildingpermits.ThestandardsofResidentialDesignarerequiredtobeaddressedforthebuildingforwhichthebuildingpermitisbeingissued.2.Additionsand/orexpansionstodetachedorattacheddwellingsthatarevaluedatfiftythousanddollars($50,000.00)ormore,oratfiftypercent(50%)orgreaterofthemostrecentassessmentorappraisalshallrequirethattheentiredwellingorstructurecomplywiththestandardsoftheResidentialDesignsubsection.3.WhennewdwellingunitsarecreatedintheResidentialTenDwellingUnitsperAcrefR-b)andResidentialFourteenDwellingUnitsperAcre(R-i4)zones,anyexistingdwellingunitsincludedinthedevelopmentshallcomplywiththestandardsofthisSection.SECTIONVIII.Chapter4-2oftheRentonMunicipalCodeisamendedtoaddanewsection4-2-116,AccessoryDwellingUnitResidentialDesignStandards,toreadasfollows:7AGENDA ITEM # 8. g) ORDINANCENO.4-2-116ACCESSORYDWELLINGUNITRESIDENTIALDESIGNSTANDARDS:A.PURPOSE:AccessoryDwellingUnits(ADUs)areintendedtocreateaffordable,flexiblehousingopportunitiesthattakeadvantageoftheCity’sexistinginfrastructurewhileaddressingtheneedforincreasedhousingchoicesthatreflectchanginglifestylesandenvironmentalconcerns.ThepurposeofthisSectionistoencouragedevelopmentthatenhancesqualityoflifebyencouragingnewresidentialdevelopmenttoproduceneighborhoodsofwell-designedhomesandpromoteandfacilitateADUconstructioninnewandexistingdevelopedareas,whilepreservingneighborhoodcharacterandensuringminimaldisruptiontosurroundingpropertyowners.ThisSectionlistselementsthatarerequiredtobeincludedinallADUdevelopmentinthezonesstatedinsubsectionBofthisSection.Eachelementincludesbothstandardsandguidelines.Standardsareprovidedforpredictability.Thesestandardsspecifyaprescriptivemannerinwhichtherequirementcanbemet.Guidelinesforeachelementareprovidedforflexibility.Theseguidelinesprovidedirectionforthosewhoseektomeettherequiredelementinamannerthatisdifferentfromthestandards.1.ThedeterminationastothesatisfactionoftherequirementthroughtheuseoftheguidelinesistobemadebytheCommunityandEconomicDevelopmentAdministratorwhennootherpermitorapprovalrequiresHeatingExaminerreview.8AGENDA ITEM # 8. g) ORDINANCENO.2.Whenithasbeendeterminedthattheproposedmannerofmeetingthedesignrequirementthroughguidelinesissufficient,thatdesignrequirementshallbeconsideredsatisfied.B.APPLICABILITY:1.ThisSectionshallapplytoADUsinthefollowingzones:Residential-4fR-4),Residential-6(R-6),Residential-8(R-8),Residential-lO(R-1O),andResidential-14(R-14).2.IftheprimarystructurewheretheADUisproposeddoesnotcomplywiththeadoptedarchitecturaldetailingstandards(RMC4-2-115.E.3),theprimarystructureshallbebroughttocompliancepriortotheissuanceofADUbuildingpermits.C.REQUIREMENTS:WINDOWSANDDOORS:Windowsandfrontdoorsareanintegralpartofthearchitecturalcharacterofahomeandwhentheyincorporatearchitecturalelementsofthehome,theycontributetotheoverallbalanceandintegrationofthebuildingform.Additionally,whentheyrepresentasignificantamountofthefacadeofahome,theyamplifythesensethatthecommunityisorientedtopeople.Guidelines:Windowsanddoorsshallserveasanintegralpartofthecharacterofthehome.Primarywindowsshallbeproportionedverticallyratherthanhorizontally.Verticalwindowsmaybecombinedtogethertocreatealargerwindowarea.Frontdoorsshallbeafocalpointofthedwellingandbeinscalewiththehome.Alldoorsshallbeofthesamecharacterasthehomeandarchitecturallyconsistentwiththedoorsontheprimarystructure.Standards:AllofthefollowingarerequiredfornewADUconstruction:R-1OandR141.Primarywindowsshallbeproportionedvertically,ratherthanhorizontally;9AGENDA ITEM # 8. g) ORDINANCENO.2.Verticalwindowsmaybecombinedtogethertocreatealargerwindowarea;3.Alldoorsshallbemadeofwood,fiberglass,metal,orglassandtrimmedwiththreeandone-halfinches(31/2”)minimumheadandjambtrimaroundthedoor;4.Slidingglassdoorsarenotpermittedalongafrontageelevationoranelevationfacingapedestrianeasement.SCALE,BULK,ANDCHARACTERResidentialcommunitiesareintendetPbopleandhomesthathaveappropriatescaleandbulktocontributetothesenseofortidhtopeopled.Standards:Guidelines:TheADUshallvisuallydemonstratethatitisaccessory,orsubordinate,totheprimarystructurebyitsreducedscaleandbulk.TheADUshallbearchitecturallycompatiblewithsignificantarchitecturalR-4.R-6,R-8,R-detailsoftheprimarystructure,dominatingforms,anddesignelements,10,andR-14suchaseaves,roofpitch,roofform,porches,principaldormers,materials,andothersignificantarchitecturalfeatures.EAVES:Thedesignofeavesandoverhangsactasunifyingcharacterofahome.desirableshadowsthatplanes.thehome.Standards:Guidelines:EavesshouldbedetailedandproportionedtocomplementthearchitecturalstyleofR-4,R-6,andR$Bothofthefollowingarerequired:1.Eavesprojectingfromtheroofoftheentirebuildingatleasttwelveinches(12”)withhorizontalfasciaorfasciagutteratleastfiveinches(5”)deeponthefaceofalleaves,and2.Rakesongableendsmustextendaminimumoftwoinches(2”)fromthesurfaceofexteriorsidingmaterials.R-10andR-14alleaves.Thefollowingisrequired:Eavesshallbeatleasttwelveinches(12”)withhorizontalfasciaorfasciagutteratleastfiveinches(5”ldeeoonthefaceof10AGENDA ITEM # 8. g) ORDINANCENO.ARCHITECTURALDETAILINGArchitecturaldetailingcontributestothevisualappealofahomeandthecommunity.Ithelpscreateadesirablehumanscaleandaperceptionofaquality,well-designedhome.Guidelines:TheADUshallvisuallydemonstrateaclearrelationshipwiththeprimarystructuresothatthetwostructuresarearchitecturallycompatible.Architecturaldetailshallbeprovidedthatisconsistentwiththearchitecturalcharacteroftheprimarystructure;detailinglikematerialsandcolor,fenestration,trim,columns,eaves,and/orcornerboardsshallreflectthearchitecturalcharacteroftheprimarystructure.Standards:Ifonesidingmaterialisusedonanysideofthedwellingthatistwostoriesorgreaterinheight,ahorizontalbandthatmeasuresatleasteightinches(8”)isrequiredbetweenthefirstandsecondstory.Additionally,oneofthefollowingisrequired:R-4R-61.Threeandone-halfinch(31/2”)minimumtrimsurroundsallandR-8windowsanddetailsalldoors;or2.Acombinationofshuttersandthreeandone-halfinches(31/2”)minimumtrimdetailsallwindows,andthreeandone-halfinches(31/2”)minimumtrimdetailsonalldoors.Allofthefollowingarerequired:1.Threeandone-halfinches(31/2”)minimumtrimsurroundsallwindowsanddetailsalldoors;2.Atleastoneofthefollowingarchitecturaldetailsshallbeprovidedoneachhome:shutters,kneebraces,flowerboxes,orcolumns;3.Wheresidingisused,metalcornerclipsorcornerboardsshallbeR-1OandR-usedandshallbeatminimumtwoandone-halfinches(21/2”)in14widthandpainted.Ifshuttersareused,theyshallbeproportionedtothewindowsizetosimulatetheabilitytocoverthem;and4.Ifcolumnsareused,theyshallberound,fluted,orstronglyrelatedtothehome’sarchitecturalstyle.Sixinchesbysixinches(6”x6”)postsmaybeallowedifchamferedand/orbanded.Exposedfourinchesbyfourinches(4”x4”)andsixinchesbysixinches(6”x6”)postsareprohibited.MATERIALSANDCOLoRTheuseofavarietyofmaterialsandcolorcontributestothesenseofdiversityofhousingstockinthecommunityGuidelines:TheADUshallhaveaconsistentdesignwiththeprimarystructure,includingbutnotlimitedtotheuseofthesamebuildingmaterialsandcolor.11AGENDA ITEM # 8. g) ORDINANCENO.TheADUshallbeofthesamebuildingmaterialandcolorastheprimarystructure.Wheremasonrysidingisproposedattheedgeofafacade,itshallalsoextendalongtheadioiningfacadenolessthantwenty-fourinches(24’),measuredhorizontallyfromthecornerofthestructure.R-4,R-6,Additionally,oneofthefollowingisrequired:andR-81.Aminimumoftwo(2)colors(bodywithdifferentcolortrimisacceptable),or2.Aminimumoftwo(2)differingsidingmaterials(horizontalsidingandshingles,sidingandmasonryormasonry-likematerial,etc.).Onealternativesidingmaterialmustcompriseaminimumofthirtypercent(30%)ofthestreet-facingfaçade.GARAGES:Theminimizationofthevisualimpactofgaragescontributestocreatingcommunitiesthatareorientedtopeopleandpedestrians,asopposedtoautomobiles.Guidelines:Thevisualimpactofgaragesshallbeminimized,whileporchesandfrontdoorsshallbetheemphasisofthefrontofthehome.Garagesshallbelocatedinamannerthatminimizesthepresenceofthegarageandshallnotbelocatedattheendofviewcorridors.Alleyaccessisencouraged.Ifused,sharedgaragesshallbewithinanacceptablewalkingdistancetothehousingunititisintendedtoserve.Standards:Toensureadequatevehicularmaneuveringarea,ADUsthatincorporateagarage/carportshallhaveanobstruction-freearea(inclusiveofanalley)R-4,R-6,R-foralengthbasedonthewidthofthegaragedoors:8,R-10,and1.Nine(9)-footgaragedoorsshallbeatleasttwenty-sixfeet(26’)lizfromtheadjacentpropertyline;or2.Sixteen(16)-footgaragedoorsshallbeatleasttwenty-fourfeet(24’)fromtheadjacentpropertyline.Ifanattachedgarageiswiderthantwenty-sixfeet(26’),atleastonegaragedoorshallberecessedaminimumoffourfeet(4’)fromtheothergaragedoor.R-4,R-6,andR-8Thegaragedoorscontainaminimumofthirtypercent(30%)glazing,architecturaldetailing(e.g.,trimandhardware),andarerecessedfromthefrontfaçadeaminimumoffive(5’),andfromthefrontporchaminimumofsevenfeet(7’).12AGENDA ITEM # 8. g) ORDINANCENO.SECTIONIX.Subsection4-3-11O.E.5.a.ioftheRentonMunicipalCodeisamendedasshownbelow.Allotherprovisionsin4-3-11O.E.5remainineffectandunchanged.5.StandardsWithinEntireUrbanSeparator.a.Forest/vegetationclearingshallbelimitedtoamaximumofthirtyfivepercent(35%)ofthegrossacreageofthesiteexcept:i.Thepercentageofforest/vegetationcoveragemaybeincreasedtoqualifyforthedensitybonusallowedinRMC4-2-11OD.E.ii.Modificationofthepercentageofforest/vegetationretentionmaybeapprovedifdeterminednecessarytomeetthesurfacewaterretention/detentionstandardsofsubsectionE5dofthisSection.iii.Forest/vegetationclearinggreaterthanthirtyfivepercent(35%)ofindividualbuildingsitesmaybeapprovedtoallowgradingforahomesite;provided,that:(a)Alandscapeplanisprovidedforeachbuildingsiteshowingcompensatingreplantingofspecieswiththesameorbetterwaterretentionanderosioncontrolfunctions;(b)Fivepercent(5%)additionalreplacementlandscapingpersiteisprovided;fc)Plantcaliperissufficienttoachieveneededwaterretentionanderosioncontrolfunctions;(U)Individualtreesorstandsoftreesareretainedwhenfeasible.Feasibilityisdefinedaslocationsandtreehealthsufficienttoensure13AGENDA ITEM # 8. g) ORDINANCENO.continuedviabilityofthetreeandsafetyofstructureswithinthedevelopedportionofthelot;andfe)Thelandscapeplanprovidesmassingofplantmaterialtocreateeitheraconnectiontorequiredopenspaceorisofsufficientsizetocreatefunctionalwildlifehabitat.b.Iftheexistingclearedareaofasite,asofMarch21,2005,isgreaterthanthirtyfivepercent(35%),approvalofaplatshallrequirereplantingofforest/vegetativecover.c.Forest/vegetationcovermayincludeacombinationofNorthwestnativevegetationincludingconifer,deciduoustreesandshrubssufficienttoprovidewaterretentionanderosioncontrol.Ifexistingvegetationisfoundtobeinsufficienttomeetforest/vegetationcoveragestandards,additionalplantingsshallberequired.U.StormwatermanagementshallcomplywiththeSurfaceWaterDesignManual.e.Privateaccesseasementsandimprovementsshallbeestablishedattheminimumstandardneededtomeetpublicsafetyrequirements.1.LandscapeplansrequiredinRMC4-4-070shallincluderetention/replantingplansasapplicable,consistentwithstandardsandplantlistsinKingCountyDepartmentofNaturalResourcesandParksWaterandLandResourcesDivisionPublication“GoingNative.”14AGENDA ITEM # 8. g) ORDINANCENO.SECTIONX.Subsections4-4-080.E.2.aand4-4-080.E.2.eoftheRentonMunicipalCodeareamendedasshownbelow.Allotherprovisionsin4-4-080.Eremainineffectandunchanged.E.LOCATIONOFREQUIREDPARKING:1.On-SiteParkingRequired:Requitedparkingasspecifiedshallbeprovideduponpropertyinthesameownershipasthepropertyuponwhichthebuildingoruserequiringthespecifiedparkingislocatedoruponleasedparking.Off-streetparkingfacilitiesshallbelocatedasspecifiedbelow:a.DetachedandTwo(2)AttachedDwellings:Onthesamelotwiththebuildingtheyarerequiredtoserve.b.AttachedDwellingsThree(3)orMoreUnits:MaybeonlotscontiguouswiththelotuponwhichthebuildingtheyarerequiredtoserveislocatedifcompliancewiththeprovisionsofsubsectionE2(Off-SiteParking)ofthisSectionisattained.c.BoatMoorages:Mayhaveparkingareaslocatednotmorethansixhundredfeet(600’)fromsuchmooragefacilityorcloserthanonehundredfeet(100’)totheshoreline(seesubsectionGofthisSection).AccessibleparkingasrequiredbytheWashingtonStateBarrierFreeStandardscanbeallowedwithinonehundredfeet(100’)persubsectionF8gofthisSection.d.OtherUses:OnthesamelotastheprincipaluseexceptwhencompliancewiththeconditionsinsubsectionE2(Off-SiteParking)ofthisSectionisattained.2.Off-SiteParking:15AGENDA ITEM # 8. g) ORDINANCENO._______a.WhenPermitted:i.Ifsufficientparkingisnotavailableonthepremisesoftheuse,aprivateparkingareamaybeprovidedoffsite,exceptforsingleandtwo(2)familydwellingsintheRC,R-1,R-4,R-6,andR-8zones.AccessoryDwellingUnits(ADUs)mayutilizeanoff-siteprivateparkingareaifparkingcannotbeaccommodatedon-site.ii.IntheR-10andR-14zones,sharedparkinggaragesareallowedprovidedthedesignstandardsofRMC4-2-115aremet.iii.GuestparkingassociatedwithsinglefamilyandattacheddwellingsintheR-1OandR-14zonesisalsopermittedtobeprovidedoffsiteprovideditmeetsthefollowingcriteria:(1)Parkingislocatedontheneighborhoodstreetsorinaparkingcourtaccessedbyapublicroadway,butnotlocatedmorethanonehundredsixtyfeet(160’)fromthehomeitisintendedtoserve.(2)Parkingisnotlocatedinalimitedresidentialaccesslaneright-of-way,exceptforperpendicularparkingassociatedwithprivatedrivewaysoralleyways.(3)Parkingmaybeaccommodatedinatandemdrivewayspace,provideditisnotaccessedbyaprivatealleyway.b.AgreementRequired:Aparkingagreementensuringthatoff-siteparkingisavailableforthedurationoftheuseshallbeapprovedbythe16AGENDA ITEM # 8. g) ORDINANCENO.CommunityandEconomicDevelopmentAdministrator,followingreviewbytheCityAttorney.c.AdditionalInformationRequired:Thefollowingshallbereviewedaspartofthepermitprocess:i.Aletterofjustificationaddressingtheneedforoff-siteparkingandcompatibilitywiththesurroundingneighborhood.ii.Asiteplanshowingalldimensionsofparkingspaces,aisles,landscapingareas,abuttingstreetimprovements,curbcuts,andon-siteandabuttingusesandbuildings.d.Fees:Nochargeforuseofsuchparkingareashallbemadeinanyresidentialzoneexceptonaweeklyormonthlybasis.e.MaximumDistancetoOff-SiteParkingArea:i.WithintheCenterDowntownZone:Nodistancerequirementsapplywhenboththeuseandoff-siteparkingarelocatedwithintheCenterDowntown.ii.WithintheUCZone:Off-siteparkingshallbewithinfivehundredfeet(500’)ofthebuildingoruseifitisintendedtoserveresidentialuses,andwithinfifteenhundredfeet(1,500’)ofthebuildingoruseifitisintendedtoservenonresidentialuses.iii.AllOtherZones:Off-siteparkingshallbewithinfivehundredfeet(500’)ofthebuildingoruseifitisintendedtoserveresidentialuses(excluding17AGENDA ITEM # 8. g) ORDINANCENO.ADUs).andwithinsevenhundredfiftyfeet(750’)ofthebuildingoruseifitisintendedtoservenonresidentialuses.iv.ADUOff-SiteParking:Off-siteparkingshallbelocatedonanoff-siteeasementonapropertywithinonequarter(%)mileofthelotwheretheADUislocated.f.TransportationManagementPlanException:TheDepartmentofCommunityandEconomicDevelopmentmaymodifythemaximumdistancerequirementsifaTransportationManagementPlanorotheracceptabletransportationsystemwilladequatelyprovidefortheparkingneedsoftheuseandtheconditionsoutlinedinRMC4-9-250D2aremet.3.JointUseParkingFacilities:a.WhenPermitted:Jointuseofparkingfacilitiesmaybeauthorizedforthoseusesthathavedissimilarpeak-hourdemandsorwhenitcanbedemonstratedthattheparkingfacilitiestobesharedareunderutilized.b.AgreementRequired:AparkingagreementensuringthatjointuseparkingisavailableforthedurationoftheusesshallbeapprovedbytheCommunityandEconomicDevelopmentAdministrator,followingreviewbytheCityAttorney.NoticeofterminationoftheagreementshallbeprovidedtotheAdministratorandadditionalparkingmustbeprovidediftheagreementisterminated,consistentwithsubsectionFlOofthisSection.c.MaximumDistancetoJointUseParking:18AGENDA ITEM # 8. g) ORDINANCENO.i.WithintheCenterDowntownZone:NodistancerequirementsapplywhenboththeuseandjointuseparkingarelocatedwithintheCenterDowntown.ii.WithintheUCZone:Jointuseparkingshallbewithinsevenhundredfiftyfeet(750’)ofthebuildingoruseifitisintendedtoserveresidentialuses,andwithinfifteenhundredfeet(1,500’)ofthebuildingoruseifitisintendedtoservenonresidentialuses.iii.AllOtherZones:Jointuseparkingshallbewithinsevenhundredfiftyfeet(750’)ofthebuildingoruseitisintendedtoserve.U.SpecialProvisionsforSubdivisionofShoppingCenter:Parkingareasinshoppingcentersmayoperateascommonparkingforalluses.Ifashoppingcenterissubdivided,easementsand/orrestrictivecovenantsmustgrantuseandprovideformaintenanceofcommonparkingandaccessareas.SECTIONXl.TheResidentialUsesOutsideofCenterDowntownZoneregulationsinsubsection4-4-080.F.10.doftheRentonMunicipalCodeareamendedasshownbelow.Allotherprovisionsin4-4-0$0.F.10.dremainineffectandunchanged.d.ParkingSpacesRequiredBasedonLandUse:USENUMBEROFREQUIREDSPACESGENERAL:Mixedoccupancies:Thetotalrequirementsforoff-streetparking(2or3differentusesinthesamebuildingfacilitiesshallbethesumoftherequirementsfororsharingalot.For4ormoreuses,seetheseveralusescomputedseparately,unlessthe“shoppingcenter”requirements)buildingisclassifiedasa“shoppingcenter”asdefinedinRMC4-11-190.19AGENDA ITEM # 8. g) ORDINANCENO.USENUMBEROFREQUIREDSPACESUsesnotspecificallyidentifiedinthisDepartmentofCommunityandEconomicSection:Developmentstaffshalldeterminewhichofthebelowusesismostsimilarbaseduponstaffexperiencewithvarioususesandinformationprovidedbytheapplicant.Theamountofrequiredparkingforusesnotlistedaboveshallbethesameasforthemostsimilaruselistedbelow.Bicycleparking:SeeminimumrequirementsinsubsectionFilofthisSection.ParkinginExcessofMaximumMaximumratiosforoff-streetparkingfacilitiesStandards:maybeexceededbyupto10%iftheapplicantimplementslowimpactdevelopmenttechniquesthatreducestormwaterrunoffandmanagesstormwateronsiteinawaythatexceedstherequirementsofsurfacewatermanagementinRMC4-6-030.RESIDENTIALUSESOUTSIDEOFCENTERDOWNTOWNZONE:Detacheddwellingsandtownhouses:Aminimumof2perdwellingunit,however,1perdwellingunitmaybepermittedfor1bedroomorlessdwellingunits.Tandemparkingisallowed.Amaximumof‘1vehiclesmaybeparkedonalot,includingthosevehiclesunderrepairandrestoration,unlesskeptwithinanenclosedbuilding.Inaddition,iftheprimarystructureonasitewhereanAccessoryDwellingUnit(ADU)isproposeddoesnotmeettheCity’sminimumparkingstandards,1additionaloff-streetparkingspaceisrequiredtoobtainapproval.ManufacturedhomeswithinaAminimumof2permanufacturedhomesite,plusmanufacturedhomepark:ascreenedparkingareashallbeprovidedforboats,campers,traveltrailersandrelateddevicesataratioof1screenedspaceper10units.AmaximumofIvehiclesmaybeparkedonalot,includingthosevehiclesunderrepairandrestoration,unlesskeptwithinanenclosedbuilding.20AGENDA ITEM # 8. g) ORDINANCENO.USENUMBEROFREQUIREDSPACESCongregateresidences:Aminimumandmaximumoilpersleepingroomand1fortheproprietor,plus1additionalspaceforeach4personsemployedonthepremises.Assistedliving:Aminimumandmaximumof1spaceperresidentialunitofassistedliving,plusdedicatedparkingspacesforfacilityfleetvehicles.AttacheddwellingsinRMF,R-14andR-Aminimumandmaximumof1.6per3bedroomor10Zones:largedwellingunit;1.4per2bedroomdwellingunit;1.0per1bedroomorstudiodwellingunit.Inadditiontotheminimumparkingstallsrequired,aminimum10%ofthetotalnumberofrequiredparkingspacesshallbeprovidedforguestparkingandlocatedinacommonareaaccessiblebyguests.Attacheddwellingswithinallother1perdwellingunitisrequired.Amaximumof1.75zones:perdwellingunitisallowed.Attacheddwellingforlowincome:Aminimumof1foreach4dwellingunitsisrequired.Amaximumof1.75perdwellingunitisallowed.Live-workunit,residentialunit:Aminimumandmaximumof1perunit.Accessorydwellingunit:1perunitisrequired.Amaximumof2perunitisallowed.ADUslocatedwithinY4mileofamasstransitfacility,asdefinedinRMC4-2-080,shallbeexemptfromoff-streetparkingrequirements.RESIDENTIALUSESINCENTERDOWNTOWNZONE:Attacheddwellings:Aminimumandmaximumof1perunit.Attacheddwellingsforlowincome:1forevery4dwellingunitsisrequired.Amaximumof1.75perdwellingunitisallowed.Congregateresidences:Aminimumandmaximumof1per4sleepingroomsand1fortheproprietor,plus1additionalspaceforeach4personsemployedonthepremises.21AGENDA ITEM # 8. g) ORDINANCENO.USENUMBEROFREQUIREDSPACESAssistedliving:Aminimumandmaximumof1spaceperresidentialunitofassistedliving,plusdedicatedparkingspacesforfacilityfleetvehicles.Detacheddwellings(existinglegal):Aminimumof2perunit.Amaximumof4vehiclesmaybeparkedonalot,includingthosevehiclesunderrepairandrestoration,unlesskeptwithinanenclosedbuilding.COMMERCIALACTIVITIESOUTSIDEOFTHECENTERDOWNTOWNZONEANDEXCEPTSHOPPINGCENTERS:Drive-throughretailordrive-throughStackingspaces:Thedrive-throughfacilityshallbeservice:solocatedthatsufficienton-sitevehiclestackingspaceisprovidedforthehandlingofmotorvehiclesusingsuchfacilityduringpeakbusinesshours.Typically5stackingspacesperwindowarerequiredunlessotherwisedeterminedbytheCommunityandEconomicDevelopmentAdministrator.Stackingspacescannotobstructrequiredparkingspacesoringress/egresswithinthesiteorextendintothepublicright-of-way.Banks:Aminimumof2.5per1,000squarefeetofnetfloorareaandamaximumof5.0per1,000squarefeetofnetfloorareaexceptwhenpartofashoppingcenter.Convalescentcenters:Aminimumandmaximumof1forevery2employeespIus1forevery3beds.Daycarecenters,adultdaycare(IandAminimumandmaximumof1foreachemployeeII):and2drop-off/pick-upspaceswithin100feetofthemainentranceforevery25clientsoftheprogram.Hotelsandmotels:Aminimumandmaximumof1perguestroomplus1forevery3employees.Bedandbreakfasthouses:Aminimumandmaximumof1perguestroom.Mortuariesorfuneralhomes:Aminimumandmaximumof10per1,000squarefeetoffloorareaofassemblyrooms.Vehiclesales(largeandsmallvehicles)Aminimumandmaximumof1per5,000squarewithoutdoorretailsalesareas:feet.Thesalesareaisnotaparkinglotanddoesnothavetocomplywithdimensional22AGENDA ITEM # 8. g) ORDINANCENO.USENUMBEROFREQUIREDSPACESrequirements,landscapingorthebulkstoragesectionrequirementsforsetbacksandscreening.Anyarrangementofmotorvehiclesisallowedaslongas:•Aminimum5-footperimeterlandscapingareaisprovided;•Theyarenotdisplayedinrequiredlandscapeareas;and•AdequatefireaccessisprovidedperFireDepartmentapproval.Vehicleserviceandrepair(largeandAminimumandmaximumof2.5per1,000squaresmallvehicles):feetofnetfloorarea.Offices,medicalanddental:Aminimumandmaximumof5.0per1,000squarefeetofnetfloorarea.Offices,general:Aminimumof2.0per1,000squarefeetofnetfloorareaandamaximumof4.5parkingspacesper1,000squarefeetofnetfloorarea.EatinganddrinkingestablishmentsandAminimumandmaximumof10per1,000squaretaverns:feetofdiningarea.EatinganddrinkingestablishmentAminimumandmaximumof1per75squarefeetcombinationsit-down/drive-throughofdiningarea.restaurant:Retailsalesandwholesaleretailsales:Aminimumandmaximumof2.5per1,000squarefeetofnetfloorarea,exceptwholesaleretailsales,whichisallowedamaximumof5.0per1,000squarefeetofnetfloorareaifsharedand/orstructuredparkingisprovided.Retailmarijuana:Aminimumof4.0andamaximumof5.0per1,000squarefeetofnetfloorarea.Services,on-site(exceptasspecifiedAminimumandmaximumof3.0per1,000squarebelow):feetofnetfloorarea.Clothingorshoerepairshops,furniture,Aminimumandmaximumof2.0per1,000squareappliance,hardwarestores,householdfeetofnetfloorarea.equipment:Uncoveredcommercialarea,outdoorAminimumandmaximumof0.5per1,000squarenurseries:feetofretailsalesareainadditiontoanyparkingrequirementsforbuildings.23AGENDA ITEM # 8. g) ORDINANCENO.USENUMBEROFREQUIREDSPACESRecreationalandentertainmentuses:Outdoorandindoorsportsarenas,Aminimumandmaximumof1forevery4fixedauditoriums,stadiums,movietheaters,seatsor10per1,000squarefeetoffloorareaofandentertainmentclubs:mainauditoriumorofprincipalplaceofassemblynotcontainingfixedseats,whicheverisgreater.Bowlingalleys:Aminimumandmaximumof2peralley.Dancehalls,danceclubs,andskatingAminimumandmaximumof1per40squarefeetrinks:ofnetfloorarea.Golfdrivingranges:Aminimumandmaximumof1perdrivingstation.Marinas:Aminimumandmaximumof2per3slips.Forprivatemarinaassociatedwitharesidentialcomplex,then1per3slips.Also1loadingareaper25slips.Miniaturegolfcourses:Aminimumandmaximumof1perhole.Otherrecreational:Aminimumandmaximumof1peroccupantbasedupon50%ofthemaximumoccupantloadasestablishedbytheadoptedBuildingandFireCodesoftheCityofRenton.Traveltrailers:Aminimumandmaximumof1pertrailersite.COMMERCIALACTIVITIESWITHINTHECENTERDOWNTOWNZONE:Convalescentcenter,drive-throughTheseusesfollowthestandardsappliedoutsideretail,drive-throughservice,hotels,theCenterDowntownZone.mortuaries,indoorsportsarenas,auditoriums,movietheaters,entertainmentclubs,bowlingalleys,dancehalls,danceclubs,andotherrecreationaluses:Retailmarijuana:Aminimumof4.0andamaximumof5.0per1,000squarefeetofnetfloorarea.AllcommercialusesallowedintheCDAmaximumof1spaceper1,000squarefeetofnetZoneexceptfortheuseslistedabove:floorarea,withnominimumrequirement.SHOPPINGCENTERS:Shoppingcenters(includesanytypeofAminimumof2.5per1,000squarefeetofnetbusinessoccupyingashoppingcenter):floorareaandamaximumof5.0per1,000squarefeetofnetfloorarea.IntheUC-N1andUC-N2Zones,amaximumof4.0per1,000squarefeetof24AGENDA ITEM # 8. g) ORDINANCENO.USENUMBEROFREQUIREDSPACESnetfloorareaispermittedunlessstructuredparkingisprovided,inwhichcase5.0per1,000squarefeetofnetfloorareaispermitted.Drive-throughretailordrive-throughserviceusesmustcomplywiththestackingspaceprovisionslistedabove.INDUSTRIAL/STORAGEACTIVITIES:Airplanehangars,tie-downareas:Parkingisnotrequired.Hangarspaceortie-downareasaretobeutilizedfornecessaryparking.Minimumandmaximumparkingforofficesassociatedwithhangarsis5per1,000squarefeet.Manufacturingandfabrication,Aminimumof1.0per1,000squarefeetofnetlaboratories,andassemblyand/orfloorareaandamaximumof1.5spacesper1,000packagingoperations:squarefeetofnetfloorarea(includingwarehousespace).Selfservicestorage:Aminimumandmaximumof1per3,500squarefeetofnetfloorarea.Maximumofthreemovingvan/truckspacesispermitted.Outdoorstoragearea:Aminimumandmaximumof0.5per1,000squarefeetofarea.WarehousesandindoorstorageAminimumandmaximumof1per1,500squarebuildings:feetofnetfloorarea.PUBLIC/QUASI-PUBLICACTIVITIES:Religiousinstitutions:Aminimumandmaximumof1forevery5seatsinthemainauditorium;however,innocaseshalltherebelessthan10spaces.Forallexistinginstitutionsenlargingtheseatingcapacityoftheirauditoriums,1additionalparkingspaceshallbeprovidedforevery5additionalseatsprovidedbythenewconstruction.Forallinstitutionsmakingstructuralalterationsoradditionsthatdonotincreasetheseatingcapacityoftheauditorium,see“outdoorandindoorsportsarenas,auditoriums,stadiums,movietheaters,andentertainmentclubs.”Medicalinstitutions:Aminimumandmaximumof1forevery3beds,plus1perstaffdoctor,plus1forevery3employees.25AGENDA ITEM # 8. g) ORDINANCENO.USENUMBEROFREQUIREDSPACESCulturalfacilities:Aminimumandmaximumof40per1,000squarefeet.Publicpostoffice:Aminimumandmaximumof3.0forevery1,000squarefeet.Securecommunitytransitionfacilities:Aminimumandmaximumof1per3beds,plus1perstaffmember.Schools:Elementaryandjuniorhigh:Aminimumandmaximumof1peremployee.Inaddition,ifbusesforthetransportationofstudentsarekeptattheschool,1off-streetparkingspaceshallbeprovidedforeachbusofasizesufficienttoparkeachbus.Seniorhighschools:public,parochialandAminimumandmaximumof1peremployeeplusprivate:1spaceforevery10studentsenrolled.Inaddition,ifbusesfortheprivatetransportationofchildrenarekeptattheschool,1off-streetparkingspaceshallbeprovidedforeachbusofasizesufficienttoparkeachbus.Collegesanduniversities,artsandcraftsAminimumandmaximumof1peremployeeplusschools/studios,andtradeorvocational1forevery3studentroomingunits,plus0.5spaceschools:foreveryfull-timestudentnotresidingoncampus.Inaddition,ifbusesfortransportationofstudentsarekeptattheschool,1off-streetparkingspaceshallbeprovidedforeachbusofasizesufficienttoparkeachbus.SECTIONXII:Section4-9-030oftheRentonMunicipalCodeisamendedtoaddanewsubsectionH,DecisionCriteria—AccessoryDwellingUnit(ADU)OwnerOccupancyExemption,toreadasshownbelow.Allotherprovisionsin4-9-030remainineffectandunchanged.H.DECISIONCRITERIA—ACCESSORYDWELLINGUNIT(ADU)OWNEROCCUPANCYEXEMPTION:-26AGENDA ITEM # 8. g) ORDINANCENO.InadditiontothecriteriainsubsectionDofthisSection,DecisionCriteria,thefollowingcriteriainsubsectionsHithroughH5ofthisSectionapplytoanADUapplicationseekinganexemptionfromowneroccupancyrequirements.1.NewConstruction:Asaconditionofapproval,boththeprimaryandADUmustbenewconstruction.BuildingpermitreviewfortheprimarydwellingandADUshallbesubmittedsimultaneously.2.MaintenanceBond:Asaconditionofapproval,thepersonorpersonsholdingtitletothepropertyshallexecuteamaintenancebondtoensurethepropertyownerremainsresponsibleforcontinuedmaintenanceofdwellings,on-sitelandscaping,andothersitemaintenanceasdeterminedbytheAdministrator.3.Quantity:Thereshallbeaminimumoftwo(2)lotseachwithaprimarystructureandanADU.Thetwolotsshallbeabuttingunlessotherwiseapprovedaspartofaplatapplication.4.Affordability:Fiftypercent(50%)ofthetotalunitsshallbedesignatedasandremainaffordableatsixtypercent(60%)oftheAreaMedianIncome(AMI).Thepropertyowner/applicantshalldemonstrateexperienceand/orabilitytoprovideaffordablehousingandidentifyathird-partyentitywhowilldocumentcompliancewiththeaffordablehousingrequirementsforannualreporting.Withinthirty(30)daysafterthefirstanniversaryoftheissuancetheCertificateofOccupancyandeachyearthereafterforthirty(30)years,theapplicant/ownershallfileanannualreportwiththeAdministrator.Thereportshallcontainsuch27AGENDA ITEM # 8. g) ORDINANCENO._______informationastheAdministratormaydeemnecessaryoruseful,andshallataminimumincludethefollowinginformation:a.AcertificationthattheprojecthasbeenincompliancewiththeaffordablehousingrequirementssincetheCityissuedtheproject’sCertificateofOccupancyandthattheprojectcontinuestobeincompliancewiththecontractenteredintowiththeCitypersubsectionH5andwiththerequirementsofthissubsection;b.Thenumberofdwellingssoldduringthetwelve(12)monthsendingwiththeanniversarydate;c.Thetotalsaleamountofeachaffordablehousingunitforhouseholdsatorbelowsixtypercent(60%)oftheareamedianincomesoldduringthetwelve(12)monthsendingwiththeanniversarydate,asapplicable;d.Theincomeofeachpurchaser(atthetimeofpurchase)ofanaffordablehousingunitforhouseholdsatorbelowsixty(60%)percentofmedianincomeduringthetwelve(12)monthsendingwiththeanniversarydate,asapplicable;ande.Documentationthatathird-partyentityhasmonitoredtheproject’scompliancewiththenon-owneroccupancyexemption,includingbutnotlimitedtotheaffordablehousingrequirements.5.Contract:IftheConditionalUsePermitisapproved,theapplicant/ownershallenteracontractwiththeCity,approvedbytheAdministrator,regardingthetermsandconditionsofthisprojectunderthis28AGENDA ITEM # 8. g) ORDINANCENO.subsectionH.Thecontractshallbeexecutedandrecordedagainstthesubjectrealpropertyattheapplicant/owner’sexpensebeforetheissuanceoftheCertificateofOccupancy.Iftheapplicant/ownerfailstotimelyexecuteandrecordthecontracttheCUPshallberevokedandonsiteowneroccupancyshallberequired.SECTIONXIII.Ifanysection,subsection,sentence,clause,phraseorworkofthisordinanceshouldbeheldtobeinvalidorunconstitutionalbyacourtorcompetentjurisdiction,suchinvalidityorunconstitutionalitythereofshallnotaffecttheconstitutionalityofanyothersection,subsection,sentence,clause,phraseorwordofthisordinance.SECTIONXIV.Thisordinanceshallbeinfullforceandeffectfive(5)daysafterpublicationofasummaryofthisordinanceintheCity’sofficialnewspaper.Thesummaryshallconsistofthisordinance’stitle.PASSEDBYTHECITYCOUNCILthis_______dayof____________________,2019.JasonA.Seth,CityClerkAPPROVEDBYTHEMAYORthis_______dayof___________________,2019.DenisLaw,MayorApprovedastoform:ShaneMoloney,CityAttorneyDateofPublication:_______________ORD:2096:11/26/1929AGENDA ITEM # 8. g) 4-2-060.D:AUACHMENTA(SECTIONII)USES:RESIDENTIALZONINGDESIGNATIONSINDUSTRIALCOMMERCIALZONINGRCR-1R-4R-6R-8RMHR-1OR-14RMFILIMIHCNCVCACDCOCORUCD.OTHERRESIDENTIAL,LODGINGANDHOMEOCCUPATIONSAccessoryADZAC7AAC7AD.ZAC7A-%AC7AZAC7AAC7AZAC7dwellingunitAdultfamilyPPPPPPPPPPP3homeAssistedlivingADADPPPP3P40PP96Caretaker’sACACACACACACACresidenceCongregateADPP3residenceGrouphomesIADH3GrouphomesADPPPPPPPPPP3PIIfor6orlessGrouphomesHHHHHHHHPHH3ADIIfor7ormoreHomeACACACACACACACACACACACACACACACoccupations(RMC4-9-090)Live-workunitADADAD30[ATTACHMENTA]AGENDA ITEM # 8. g) ATTACHMENT B (SECTION IV) 4-2410.A DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY AND ATTACHED ACCESSORY STRUCTURES) RC R432 R4b0,32 R-6 R-8 R-1O R-14 RMF Minimum Net None 3 dwelling 4 dwelling 5 dwelling 7 dwelling 10 dwelling units3° Density (per Net units units units3°units3° Acre)”5 Maximum Net 1 dwelling 1 dwelling 4 dwelling 6 dwelling 8 dwelling 10 dwelling 14 dwelling 20 dwelling units29 Density (per Net unit unit7’36 units units units38 units29 units29 Acre,Except per Net 10 Acres in RC)2’14,15 Maximum Number 1 dwelling 1 dwelling 1 dwelling with 1 accessory 1 dwelling Detached dwellings:1 dwelling Per Maximum Net of Dwellings (per with 1 with 1 dwelling unit with 1 with 1 accessory dwelling unit Density Legal Lot)2 accessory accessory accessory Attached dwellings:n/a dwelling dwelling dwelling unit unit unit7 Minimum Lot 10 acres 1 acre3 9,000 sq.7,000 sq.ft.34 5,000 sq.ft.34 Detached Detached n/a Size28’31 ft.34 dwellings:dwellings:3,000 4,000 sq.ft.sq.ft. Attached Attached dwellings:dwellings:n/a n/a Minimum Lot 150 ft.100 ft.70 ft.60 ft.50 ft.40 ft.30 ft.Townhouses:25 ft. Width3’ 31 [ATTACHMENT B]AGENDA ITEM # 8. g) ORDINANCENO.RCR-132R-4’°’32R-6R-8R-1OR-14RMFOtherAttachedDwellings:50ft.MinimumLot175ft.110ft.80ft.70ft.60ft.50ft.40ft.Townhouses:30ft.Width31(CornerOtherAttachedLots)Dwellings:60ft.MinimumLot300ft.200ft.3100ft.90ft.80ft.70ft.60ft.Townhouses:50ft.Depth3’OtherAttachedDwellings:65ft.MinimumFront30ft.30ft.30ft.3325ft.20ft.exceptwhenall15ft.”,exceptTownhouses:10Yard4’5’3’vehicleaccessistakenfromwhenallvehicleft.”analley,then15ft.39accessistakenOtherAttachedfromanalley,Dwellings:20ft.then10ft.39MinimumRear35ft.30ft.25ft.3325ft.20ft.3915ft.2”3910ft.21’39Townhouses:10Yard4’22,3ft.’3’OtherAttachedDwellings:15ft.39MinimumSide25ft.15ft.CombinedCombined155ft.DetachedDetachedUnits:5ft.forunattachedYard4’3’20ft.withft.withnotUnits:4ft.4ft.side(s),0ft.forthenotlesslessthan5ft.AttachedAttachedUnits:attachedside(s).’3than7.5ft.oneitherUnits:4ft.4ft.foroneitherside.forunattachedside.unattachedside(s),0ft.forside(s),0ft.theattachedfortheside(s).23attachedside(s)2332[ATTACHMENTB]AGENDA ITEM # 8. g) ORDINANCE NO. RC R-132 R-4’°’32 R-6 R-$R-1O R-14 RMF Minimum 30 ft.30 ft.30 ft.33 25 ft.15 ft.11 15 ft.11 15 ft.’1 Townhouses:10 Secondary Front ft.11 Yard4’5’3’(applies Other Attached to Corner Lots)Dwellings:20 ft. Maximum Building 10%20%35%40%50%55%65%Townhouses:70% Coverage (including Other Attached Primary and Dwellings:35% Accessory)A maximum coverage of 45% may be allowed through the Hearing Examiner site development plan review process. Maximum 15%25%50%55%65%70%80%75% Impervious Surface Area Maximum Number 3 2 3 of Stories Maximum Wall 32 ft.24 ft.24 ft.,increase 32 ft.20 Plate Height8’9’12,up to 32 ft. 18,19 possible subject to administrative conditional use permit approval. 33 [ATTACHMENT B]AGENDA ITEM # 8. g) ORDINANCENO.RCJRl32R.41032JR-6JR-sR-1OR-14RMFMaximumNumbern/aNomoreNomorethan6n/aofUnitsperthan4unitsunitsperBuildingperbuilding.building.MinimumTree2significanttreesper5,000sq.ft.Attachedunits:4significantn/aDensitySeeRMC4-4-130.treesper5,000sq.ft.SeeRMC4-4-130.MinimumFreeway10ft.landscapedsetbackfromthestreetpropertyline.FrontageSetbackMaximumWirelessSeeRMC4-4-140,WirelessCommunicationFacilities.Amateurradioantennasareallowedamaximumheightof6feetCommunicationwithoutaConditionalUsePermit.LargerstructureswillhaveamaximumheightdeterminedbytheConditionalUsePermitFacilitiesHeightprocess,RMC4-9-030,ConditionalUsePermits.(includingAmateurRadioAntennas)DesignStandardsSeeRMC4-2-115,ResidentialDesignandOpenSpaceStandards.LandscapingSeeRMC4-4-070,Landscaping.ExteriorLightingSeeRMC4-4-075,Lighting,ExteriorOn-Site.ScreeningSeeRMC4-4-095,ScreeningandStorageHeight/LocationLimitations.ExceptionforPre-SeeRMC4-10-010,NonconformingLots.ExistingLegalLots34[ATTACHMENTB]AGENDA ITEM # 8. g) ATTACHMENTC(SECTIONVI)RMC4-2-11O.C,4-2-11O.D,4-2-11O.E,and4-2-11O.F:4-2-11O.CDEVELOPMENTSTANDARDSFORRESIDENTIALDEVELOPMENT(ACCESSORYDWELUNGUNITS)MAXIMUMNUMBERANDSIZEGeneral’7RC,R-1,R-4,R-6,R-8,1ADUispermittedperlegallot.R-10,andR-14Unitsizeshallbedeterminedbylotsizeandthesizeoftheorimarystructure;thetotalsquarefootageoftheADUshallnotexceedthesizestatedintheMaximumUnitSizesectionofthistableor75%ofthetotalsquarefootageoftheprimarystructure,whicheverissmaller.4’MaximumUnitSizeLotArea:MaximumADUSize40’413,000sq.ft.orless600sq.ft.3,001-4,999sq.ft.700sq.ft.5,000-6,999sq.ft.800sq.ft.7,000-8,999sq.ft.900sq.ft.Greaterthan9,000sq.1,000sq.ft.ft.MAXIMUMWALLPLATEHEIGHT’8’19’4’RC,R-1,R-4,R-6,R-8,ADUsaresubjecttothemaximumwallplateheightofRMC4-2-R-10andR-1411OA,andassociatedconditions,exceptthattheADUshallnotbetallerthantheprimarystructure.LOCATION4’GeneralRC,R-1,R-4,R-6,R-8,ADUsshallbelocatedatleast6ft.fromanyresidentialstructure.R-10andR-14MINIMUMSETBACKS4‘FrontYardandSecondaryFrontYard35[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCENO.RC,R-1,R-4,R-6,R-8,TheADUshallbesetbackanadditional5ft.paralleltoandR-10andR-14measuredfromthefrontfaçadeoftheprimarystructureandshallcomplywiththesetbacksappliedtotheprimarystructure,asidentifiedinRMC4-2-11OA,DevelopmentStandardsforResidentialZoningDesignations.ADUsshallnotbepermittedbetweentheprimarystructureandthestreetunlessapprovedintheConditionalUsePermitprocess.SideYardRCandR-125ft.R-4,R-6andR-8SftR-10andR-144ft.RearYardRC,R-1,R-4,R-6,R-8,SftR-10andR-14Whenlocatedwithin10ft.oftherearpropertyline,atleast25%ofthelineallengthoftherearyardshallremainunoccupiedfromaccessorydwellings,exceptwhentherearpropertylineabutsanalley.ClearVisionAreaRC,R-1,R-4,R-6,R-8,Innocaseshallastructureover42in.inheightintrudeintotheR-10andR-1420ft.clearvisionareadefinedinRMC4-11-030.CRITICALAREASGeneralRC,R-1,R-4,R-6,R-8,SeeRMC4-3-050,CriticalAreasRegulations,and4-3-090,R-10andR-14ShorelineMasterProgramRegulations.36[ATTACHMENTC]AGENDA ITEM # 8. g) 4-Z-11O.D DEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATION INDIVIDUAL MANUFACTURED HOME SPACES NEW PARK Primary and Attached Accessory DETACHED ACCESSORY __________________ Development or Redevelopment Structures STRUCTURES5 PARK AREA AND DENSITY1 (Net Density in Dwelling Units Per Net Acre) Minimum Park Site 2 net acres.2 NA NA Area Minimum Housing 5 units per net acre.2 NA NA Density Maximum Housing 10 units per net acre.2 NA NA Density NUMBER OF RESIDENTIAL STRUCTURES The only permanent dwelling No more than 1 primary residential On parcels at least 3,000 sq.ft.in allowed on the mobile home park dwelling is allowed on each approved size,only 1 detached building or Maximum Number shall be the single family dwelling of manufactured home space.structure is allowed;provided,the the owner or manager.lot coverage requirement is not exceeded. LOT DIMENSIONS Minimum “Lot”Size 3,000 sq.ft.3,000 sq.ft.3,000 sq.ft. for lots created after July 11,1993 Minimum “Lot”40 ft.for interior lots.NA NA Width for lots created 50 ft.for corner lots. after July 11,1993 37 [ATTACHMENT C]AGENDA ITEM # 8. g) ORDINANCENO.DEVELOPMENTSTANDARDSFORRESIDENTIALMANUFACTUREDHOMEPARKZONINGDESIGNATIONINDIVIDUALMANUFACTUREDHOMESPACESNEWPARKPrimaryandAttachedAccessoryDETACHEDACCESSORYDevelopmentorRedevelopmentStructuresSTRUCTURES5Minimum“Lot”75ft.NANADepthforlotscreatedafterJuly11,1993EachlotshallbelaidoutsoastoItshallbeillegaltoalloworpermitNA.optimizeview,privacyandotheranymobilehometoremainintheGeneralDesignamenities.Eachlotshallbeclearlymobilehomeparkunlessaproperdefined,spaceisavailableforit.SETBACKS4MinimumFrontYardNA10ft.10ft.MinimumSecondaryNA10ft.10ft.FrontYardSETBACKS4(Continued)NA5ft.forinteriorlots.5ft.forinteriorlotsprovided,thatgaragesandcarportsshallbesetbackfromtheproperty“line”aMinimumSideYardsufficientdistancetoprovideaminimumof24ft.ofbackoutroomeitheron-siteorcountingtheaccessway.NA5ft.5ft.provided,thatgaragesandMinimumRearYardcarportsshallbesetbackfromthepropertylineasufficientdistanceto3$[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCE NO. DEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATION INDIVIDUAL MANUFACTURED HOME SPACES NEW PARK Primary and Attached Accessory DETACHED ACCESSORY _____ Development or Redevelopment Structures STRUCTURES5 provide a minimum of 24 ft.of backout room either on-site or counting the accessway. Minimum Freeway 10 ft.landscaped setback from the 10 ft.landscaped setback from the 10 ft.landscaped setback from the Frontage Setback street property line.street property line.street property line. NA Yard abutting a public street:20 ft.Yard abutting a public street:20 ft. Any yard abutting an exterior Any yard abutting an exterior property boundary of the mobile property boundary of the mobile .home park:5 ft.home park:5 ft.Setbacks for Mobile .....Minimum distance between mobile Minimum distance betweenHomeParkshomes:15 ft.structure and mobile home on anConstructedBefore8-.. 1 2010 Minimum distance between canopy abutting lot:5 ft. and mobile home on an abutting lot:Setbacks from all other “lot lines”: 5ft.Oft. Setbacks from all other “lot lines”:0 ft.(see RMC 4-2-11O.F) Setbacks for Other To be determined through the land NA NA Uses use review process. SETBACKS4 (Continued) In no case shall a structure over 42 In no case shall a structure over 42 in.In no case shall a structure over 42 ..in.in height intrude into the 20 ft.in height intrude into the 20 ft.clear in.in height intrude into the 20 ft.Clear Vision Area ..........clear vision area defined in RMC 4-vision area defined in RMC 4-11-030.clear vision area defined in RMC 4- 11-030.11-030. 39 [ATTACHMENT C]AGENDA ITEM # 8. g) ORDINANCENO._______DEVELOPMENTSTANDARDSFORRESIDENTIALMANUFACTUREDHOMEPARKZONINGDESIGNATIONINDIVIDUALMANUFACTUREDHOMESPACESNEWPARKPrimaryandAttachedAccessoryDETACHEDACCESSORY____DevelopmentorRedevelopmentStructuresSTRUCTURES5PRIVATESTREETIMPROVEMENTSAsphalticorconcretestreetsandNANAconcretecurbingsshallbeprovidedtoeachlot.Theminimumwidthofstreetsshallbe30ft.Concretesidewalksofatleast5ft.inwidthOn-SitePrivateshallbeplacedalongatleast1sideStreets,CurbsandofeachstreetorlocatedinthebackSidewalksorsideofeachlotsothatthereissidewalkaccesstoalllots.SidewalksshallbemadeofpermeablematerialtotheextentrequiredbytheSurfaceWaterDesignManual.Illumination:AstreetlightingplanNANAshallbeapprovedifitprovidessufficientilluminationbetweensunsetandsunrisetoilluminateadequatelytheroadwaysandwalkwayswithinamobilehomepark.BUILDINGSTANDARDSMaximumBuilding30ft.30ft.15ft.HeightandMaximumNumberofStories40[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCE NO. DEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATION INDIVIDUAL MANUFACTURED HOME SPACES NEW PARK Primary and Attached Accessory DETACHED ACCESSORY Development or Redevelopment Structures STRUCTURES5 Maximum Height for See RMC 4-4-140.See RMC 4-4-140.See RMC 4-4-140. Wireless Communication Facilities BUILDING STANDARDS (Continued) Maximum Building NA 60%.The building coverage of the Coverage primary residential structure along (Including the primary with all accessory buildings shall not manufactured home exceed the maximum building and all enclosed coverage of this Zoning District. accessory structures and required deck or patio) LANDSCAPING General See RMC 4-4-070.See RMC 4-4-070.NA RECREATION AREA Aminimumofl0%ofthetotalarea NA NA of the park shall be reserved andGeneralshallbeusedsolelyandexclusively for a playground-recreation area. PARKING 41 [ATTACHMENT C]AGENDA ITEM # 8. g) ORDINANCENO.DEVELOPMENTSTANDARDSFORRESIDENTIALMANUFACTUREDHOMEPARKZONINGDESIGNATIONINDIVIDUALMANUFACTUREDHOMESPACESNEWPARKPrimaryandAttachedAccessoryDETACHEDACCESSORYDevelopmentorRedevelopmentStructuresSTRUCTURES5SeeRMC4-4-080.EachmobilehomelotshallhaveaEachmobilehomelotshallhaveaminimumof2off-streetautomobileminimumof2off-streetautomobileparkingspaces.parkingspaces...AttachedanddetachedgaragesandAttachedanddetachedgaragesandMinimum.carportsshallbesetbackfromthecarportsshallbesetbackfromtheRequirements......propertylineasufficientdistancetopropertylineasufficientdistanceprovideaminimumof24ft.oftoprovideaminimumof24ft.ofbackoutroomeitheron-siteorbackoutroomeitheron-siteorcountingtheaccessway.countingtheaccessway.PATIOORDECKNAAconcretepatioordeckofnotlessAconcretepatioordeckofnotlessthan125sq.ft.withaminimumwidththan125sq.ft.withaminimumof8ft.shallbeprovidedforeachwidthof$ft.shallbeprovidedforGImobilehomeparklotcreatedaftereachmobilehomeparklotcreatedeneratheeffectivedateofthisSection(9-aftertheeffectivedateofthis19-1983).ThesestructureswillbeSection(9-19-1983).Thesecountedtowardthemaximumlotstructureswillbecountedtowardcoverage,themaximumlotcoverage.SIGNSGeneralSeeRMC4-4-100.NANAEXCEPTIONS..,,NANothinghereinshallbedeterminedtoNothinghereinshallbedeterminedPre-ExistingLots......prohibittheconstructionofsingletoprohibittheconstructionof42[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCE NO. DEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATION NEW PARK Development or Redevelopment INDIVIDUAL MANUFACTURED HOME SPACES Primary and Attached Accessory Structures family dwelling or manufactured home and its accessory building on a previously approved manufactured home “lot”provided that all setback, lot coverage,height limits, infrastructure,and parking requirements for this zone can be satisfied and provisions of RMC 4-3- 050,Critical Areas,can be met. DETACHED ACCESSORY STRUCTU RES5 single family dwelling or manufactured home and its accessory building on a previously approved manufactured home “lot” provided that all setback,lot coverage,height limits, infrastructure,and parking requirements for this zone can be satisfied and provisions of RMC 4-3- 050,Critical Areas Regulations,can be met. CRITICAL AREAS General See RMC 4-3-050 and 4-3-090.See RMC 4-3-050 and 4-3-090.See RMC 4-3-050 and 4-3-090. 43 [ATTACHMENT C]AGENDA ITEM # 8. g) 4-2-llOg.ECONDITIONSASSOCIATEDWITHDEVELOPMENTSTANDARDSTABLEFORRESIDENTIALZONINGDESIGNATIONS1.a.Phasing,shadowplatting,orlandreservesmaybeusedtosatisfytheminimumdensityrequirementsiftheapplicantcandemonstratethatthecurrentdevelopmentwouldnotprecludetheprovisionofadequateaccessandinfrastructuretofuturedevelopmentandwouldallowfortheeventualsatisfactionofminimumdensityrequirementsthroughfuturedevelopment.WithintheUrbanCenter,surfaceparkingmaybeconsideredalandreserve.b.Intheeventtheapplicantcanshowthatminimumdensitycannotbeachievedduetolotconfiguration,lackofaccess,environmentalorphysicalconstraints,minimumdensityrequirementsmaybewaived.2.Use-relatedprovisionsarenotvariable.Use-relatedprovisionsthatarenoteligibleforavarianceinclude:buildingsize,unitsperstructure/lot,ordensities.Unlessbonussizeordensityprovisionsarespecificallyauthorized,themodificationofbuildingsize,unitsperstructure,ordensitiesrequiresalegislativechangeinthecodeprovisionsand/oraComprehensivePlanamendment/rezone.3.Withindesignatedurbanseparators,clusteringisrequired;individuallotsshallnotbelessthantenthousand(10,000)squarefeetanddevelopmentshallbeconsistentwithRMC4-3-110,UrbanSeparatorOverlayRegulations.Outsideofdesignatedurbanseparators,clusteringmaybeallowedinordertomeetobjectivessuchaspreservingsignificantnaturalfeatures,providingneighborhoodopenspace,orfacilitatingtheprovisionofsewerservice.The44[ATTACHMENTCJAGENDA ITEM # 8. g) ORDINANCENO.maximumnetdensityshallnotbeexceeded;exceptwithinurbanseparatorsadensitybonusmaybegrantedallowingthetotaldensitytoachieveonedwellingunitpergrosscontiguousacre.Inorderforthebonustobeallowed,projectsmustprovidenativevegetationcover(eitherexistingornew)onsixtyfivepercent(65%)ofthegrossareaofallparcelsinthelanduseaction,includingboththeareawithinandoutsidetheopenspacecorridor.Inaddition,projectsshallprovideatleastoneofthefollowing:a.Enhancementofwetlandsataratioofone-half(1/2)acreenhancedforoneacredelineatedwithintheurbanseparatorpursuanttoRMC4-3-O5OM12b,EvaluationCriteria,andRMC4-3-O5OM12c,WetlandsChosenforEnhancement.Enhancementproposedforadensitybonusmaynotalsobeusedforamitigationforotherwetlandalterations;orb.Theremovalofand/orbringingintoconformancewithRentonstandardsoflegalnonconformingusesfromthesite;orc.Naturalsurfacepedestriantrailswithpublicaccess.Thetrailscanbepartofanadoptedtrailsystemor,wherethereisnoplannedtrailsystem,ofaconfigurationapprovedbytheCommunityandEconomicDevelopmentAdministrator.Intheabsenceofeitherwetlandsorlegalnonconformingusesonthesite,publicaccessandtrailsshallbeprovidedandapprovedbytheCommunityandEconomicDevelopmentAdministrator.4.AllowedProjectionsintoSetbacks:45[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCENO.a.FireplaceStructures,Windows:Fireplacestructures,bayorgardenwindows,enclosedstairlandings,andsimilarstructuresasdeterminedbytheZoningAdministratormayprojecttwentyfourinches(24”)intoanysetback;provided,suchprojectionsare:i.Limitedtotwo(2)perfacade.ii.Notwiderthantenfeet(10’).b.Fences,Rockeries,andRetainingWalls:SeeRMC4-4-040,Fences,Hedges,andRetainingWalls.c.StepsandDecks:Uncoveredstepsanddecksnotexceedingeighteeninches(18”)abovethefinishedgrademayprojecttoanypropertyline.Uncoveredstepsanddeckshavingnoroofcoveringandnotexceedingfortytwoinches(42”)highmaybebuiltwithinthefrontyardsetback.d.Eaves:Eavesandcornicesmayprojectuptotwentyfourinches(24”)intoanyrequiredsetback.e.PorchesandStoops:Mayprojectintofrontsetbacksuptoeightfeet(8’)andintosidesetbacksalongastreetuptofivefeet(5’).1.OverheadWeatherProtection:Roofsandawningssituatedabovepedestrianentrywaysmayextenduptofivefeet(5’)intoarequiredsetbackandmayextendnowiderthanthreefeet(3’)oneithersideoftheentryway.g.AccessibilityRamps:Rampsrequiredforbarrierfreeaccess,andmeetingallBuildingCoderequirementsincludingslopeandhandrails,mayintrude46[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCENO.intorequiredsetbacks.ThisexemptionwillbelimitedtotheextentnecessarytomeettheBuildingCoderequirements.h.CisternsandRainBarrels:Rainbarrels,cisterns,andotherrainwatercatchmentsystemsmayintrudeintoarequiredsetbackasfollows:i.Elementsarenotpermittedinthefrontsetback.ii.Elementswhicharelessthanfiftyfourinches(54”)abovefinishedgradeandcontainuptosixhundred(600)gallonsmayintrudeintoasideorrearsetbackadistancenogreaterthantwentypercent(20%)ofthatsetback,butmustmaintainatleastthreefeet(3’)ofundisturbedsetback.iii.Elementswhicharegreaterthanfiftyfourinches(54”)abovefinishedgradeorcontainoversixhundred(600)gallonsshallnotintrudeuponsideandrearsetbackrequirements.i.Arbor,PergolaorTrellis:Allowedinrequiredyardsetbacksiftheymeetthefollowingprovisions:i.Thelengthofanysideshallnotexceedtwelvefeet(12’)andthefootprintshallnotexceedeighty(80)squarefeet,inclusiveofeaves;ii.Amaximumheightfromfinishedgradetothetopofthestructureoftenfeet(10’);iii.Bothsidesandroofshallbeatleastfiftypercent(50%)open,or,iflatticeworkisused,thereshallbeaminimumopeningoftwoinches(2”)betweencrosspieces.iv.Limitedtotwo(2)suchstructuresperlot.47[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCENO._______j.Heating,Ventilation,andAirConditioning(HVAC)Systems:HVACSystemsmayextendintoanysideorrearyardsetback.5.Theminimumfrontyardandsecondaryfrontyardsetbackforlotsthatabutrequitedturnarounds(cul-de-sacsandhammerheads)maybereduced,excludinggaragesetbacks,tonolessthanfivefeet(5’),subjecttothefollowing:a.Themaximumbuildingcoveragecannotbeattainedwithoutareductionofthefrontyardand/orsecondaryfrontyardsetback;andb.Thesetbackreductionistheminimumnecessarytoattaintheallowedbuildingcoverage;andc.IfasetbackreductionisapprovedunderthisprovisiontheexceptionstosetbackspursuanttosubsectionD4ofthisSection(AllowedProjectionsintoSetbacks)shallapplyunlesstheproposedprojectioniscloserthanfivefeet(5’)tothepropertyline/easement,exceptforeaves,whichmayencroachtheminimumfivefeet(5’)setbackasspecifiedinsubsectionD4ofthisSection.d.Thesetbackreductionmaycommenceatarightangletothepointatwhichtheright-of-way,tractoreasementbeginstoexpandtoformtheturnaround.6.Reserved.7.IntheR-1zone,assistedlivingfacilitiesareeligibleforbonusdensitypursuanttoRMC4-9-065,DensityBonusReview.Themaximumnumberofassistedlivingdwellingunitsperlotisequaltomaximumnetdensityofthezone4$[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCENO.coupledwithanyapproveddensitybonuspursuanttoRMC4-9-065,DensityBonusReview.8.InnocaseshallbuildingheightexceedthemaximumallowedbytheAirportRelatedHeightandUseRestrictions,foruseslocatedwithintheFederalAviationAdministrationAirportZonesdesignatedunderRMC4-3-020.9.Theallowedheightofpublicfacilitiesshallbedeterminedthroughsiteplanreview.10.Reserved.11.Exceptforalley-accessedgaragesconformingtosubsectionD39ofthisSection,thevehicleentryforagarageorcarportshallbesetbacktwentyfeet(20’)fromthepropertylinewherevehicleaccessisprovided;allotherfacadesofagarageshallbesubjecttotheapplicablezone’sminimumsetback.12.RoofsofModulatedFacades:Wallplatesofamodulatedportionofabuildingmayexceedthemaximumwallplateheightiftheroofsurfacedoesnotexceedtheridgelineoftheprimaryroofsurface.Suchfacademodulationsshallbenowiderthantenfeet(10’)ortwentyfivepercent(25%)ofthebuildingelevation,whicheverisgreater.13.Ifthelotabutsasinglefamilyresidentialzone(RCthroughR-14)afifteenfoot(15’)setbackshallberequiredalongtheabuttingside(s)oftheproperty.14.Forplatsthatcreatelotsofasizelargeenoughtoallowfuturedivisionundercurrentlotsizeminimumsandallowthepotentialtoexceedcurrentdensity49[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCENO._______maximums,covenantsshallbefiledaspartofthefinalplatrequiringthatfuturedivisionofthoselotsinquestionmustbeconsistentwiththemaximumdensityrequirementsasmeasuredwithintheplatasawholeasofthetimeoffuturedivision,aswellasthegenerallotsizeanddimensionminimumsthenineffect.15.Accessorydwellingunitsshallnotbeincludedindensitycalculations.16.Thesquarefootcalculationshallnotincludeporches,exteriorstairs,orgarages.17.Thelotcoverageofaccessorydwellingunitsshallnotbecalculatedtowardsmaximumbuilding/lotcoverage.18.VerticalProjectionsfromWallPlates:a.Roofswithapitchequaltoorgreaterthan4:12mayprojectanadditionalsix(6)verticalfeetfromthemaximumwallplateheight.litheheightofwallplatesonabuildingarelessthanthestatedmaximumtheroofmayprojecthighertoaccountforthedifference,yetthecombinedheightofbothfeaturesshallnotexceedthecombinedmaximums(e.g.,ifthemaximumwallplateheightofazoneistwenty-fourfeet(24’)andthewallplatesofastructurearenotallerthantwentyfeet(20’),theroofmayprojectuptotenfeet(10’)insteadofsixfeet(6’)).Commonrooftopfeatures,suchaschimneys,mayprojectanadditionalfour(4)verticalfeetfromaroofsurface.b.Thetopmostsurfaceofroofspitchedlessthan4:12androoftopdecksshallbebelowthemaximumwallplateheightunlesssuchsurfacesaresteppedbackone-and-a-half(1.5)horizontalfeetfromeachminimumbuilding50[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCENO._______setbacklineforeachoneverticalfootabovethemaximumwallplateheight,inwhichcasetheymayextenduptosix(6)verticalfeetabovethemaximumwallplateheight.Deckenclosures(i.e.,railings)locatedabovethemaximumwallplateheightandnotsteppedbackshallbeconstructedoftransparenttemperedglassoritsequivalent,asdeterminedbytheAdministrator.19.ShedRoofs:Wallplatessupportingaprimaryroofsurfacethathasonlyoneslopingplane(e.g.,shedroof)mayexceedthestatedmaximumiftheaverageofwallplateheightsisequaltoorlessthanthemaximumwallplateheightallowed.20.Anadditionaltenfeet(10’)ofmaximumwallplateheightandanadditionalstoryforaresidentialdwellingstructuremaybeobtainedthroughtheprovisionofadditionalamenitiessuchasadditionalrecreationfacilities,undergroundparking,andadditionallandscapedopenspaceareas;asdeterminedthroughthesitedevelopmentplanreviewprocessanddependingonthecompatibilityoftheproposedbuildingswithadjacentorabuttingexistingresidentialdevelopment.Themaximumwallplateheightofaresidentialstructureshallnotexceedfortytwofeet(42’).21.TheCommunityandEconomicDevelopmentAdministratorordesigneemaymodifythisprovisionthroughthesitedevelopmentplanreviewprocesswhereitisdeterminedthatspecificportionsoftherequiredon-siteperimeterlandscapingstripmaybedevelopedandmaintainedasausablepublicopenspacewithanopeningdirectlytoapublicentrance.51[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCENO.22.Cornerlotsrequiredtohaveafrontyardandasecondaryfrontyardarerelievedoftherequirementtohavearearyard;inplaceofarearyardsetback,thesideyardsetbackofthezoneshallapply.23.Reserved.24.Reserved.25.Reserved.26.Reserved.27.Reserved.28.ForlotscreatedafterNovember10,2004.29.AdensitybonusmaybegrantedfordevelopmentsthatsatisfythecriteriaandstandardsofRMC4-9-065,DensityBonusReview.30.Minimumdensityrequirementsshallnotapplytotherenovationorconversionofanexistingstructure.Additionally,intheR-Izoneonly,minimumdensityrequirementsshallnotapplytothesubdivisionordevelopmentofalegallotone-half(1/2)grossacreorlessinsizeasofMarch1,1995.31.InordertomeetthevariationrequirementsofRMC4-2-115,lotdimensionsandsetbacksareallowedtobedecreasedand/orincreased;provided,thatwhenaveragedtheapplicablelotstandardsofthezonearemet.Theminimumfrontandrearyardsetbackreductionshallbelimitedtotwoandone-halffeet(2.5’)ortenpercent(10%),whicheverisgreater.Theminimumlotwidthandlotareareductionshallbelimitedtotenpercent(10%)ofthelotwidthandlotareaofthezone.ThevariationrequirementsofRMC4-2-115donotrequire52[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCENO._______variationstothelotdepthrequirements;thereforetheaveragingprovisionisnotapplicabletotheminimumlotdepthrequirements.32.Reserved.33.IntheR-4zone,thefollowingexceptionsapply:a.Whenparkingisprovidedintherearyardofthelotwithaccessfromapublicright-of-wayoralleytheminimumfrontyardshallbetwentyfeet(20’).b.TheAdministratormayreducethesetbackbyamaximumoffiftypercent(50%)oftherequiredsetbackwhenallofthefollowingconditionsapply:i.Thesetbackthatwasrequiredatthetimeofinitialconstructionwaslessthanthecurrentrequirement;ii.Areducedsetbackisappropriategiventhecharacteroftheimmediateneighborhood;andiii.Therearenootheralternativelocationsthatcanreasonablyaccommodatetherequestwithoutencroachingintoasetback.34.Forshortplatsofparcelssmallerthanoneacre,oneparcelmaybeallowedtobesmallerthantherequiredminimumlotsizeindicatedinsubsectionAofthisSection,ResidentialDevelopmentStandards.Ifallotherparcelsmeettherequiredminimumlotsizestandardofthezone,oneparcelmaybeallowedtomeetthefollowingreducedminimumlotsize(notapplicableforclusterdevelopment):a.R-4:Eightthousand(8,000)squarefeet.53[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCENO.b.R-6:Sixthousandtwohundredfifty(6,250)squarefeet.c.R-8:Fourthousandfivehundred(4,500)squarefeet.35.Reserved.36.ForparcelsthatareindesignatedurbanseparatorsintheR-1zone,uptooneunitpergrossacremaybepermittedsubjecttoconditionsinRMC4-3-110,UrbanSeparatorOverlayRegulations.37.Reserved.3$.ForparcelsintheR-8zone,themaximumdensityshallbesix(6)dwellingunitspernetacrewhenalleysarenotpartoftheproposedorexistingstreetconfiguration,andalleysareconsideredpractical,asspecifiedinRMC4-7-150E5,AlleyAccess.39.IntheR-$,R-10,R-14,andRMFzones:Toensureadequatevehicularmaneuveringarea,garagesandcarportsthatareaccessedthroughalleysshallbesetbackasfollows:a.Nine-foot(9’)garagedoorsshallbeatleasttwentysixfeet(26’)fromthebackedgeofthealley;orb.Sixteen-foot(16’)garagedoorsshallbeatleasttwentyfourfeet(24’)fromthebackedgeofthealley.40.Thesquarefootcalculationshallnotincludeporchesorexteriorstairs.Garagesattachedtoaccessorydwellingsshallbeincludedinthesquarefootcalculation,exceptforwhentheaccessorydwellingislocatedaboveagarage.54[ATTACHMENTC]AGENDA ITEM # 8. g) ORDINANCENO.41.ConversionofaccessorybuildingstoADUsshallbeexemptediftheaccessorybuildingwasconstructedpriortoJanuary1,2020.55[ATTACHMENTC]AGENDA ITEM # 8. g) zCUI—zLU=UIIcDLfl1’/V)20II—D—I-ju-I0‘-I‘-IAGENDA ITEM # 8. g) ozuJUzz0Uz=UIf,II7’qLi.ID‘-I-JI.zAGENDA ITEM # 8. g) ezwUzz0UHzwzUI‘I.’ci-JIz‘I,uJAGENDA ITEM # 8. g) Lu0ILuDII.-)LI..DzIzLULI,LUazLUUzz0UHzzUAGENDA ITEM # 8. g) -IDIzwLUUIzw=UIICLDezUzC0AGENDA ITEM # 8. g) SETBACKSFORMOBILEHOMEPARKSCONSTRUCTEDBEFORE8-1-2010STREET5tflyIILi__EA1(mrbyOrd.5759,6222015)AL61[ATTACHMENTC]AGENDA ITEM # 8. g)