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Home My WebLink AboutCouncil 08/23/2004AGENDA RENTON CITY COUNCIL REGULAR MEETING August 23, 2004 Monday, 7:30 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PUBLIC MEETING: Mosier II Annexation - 10% Notice of Intent Petition to Annex for 7.89 acres located in the vicinity of NE 4th St., 142nd Ave. SE, and 144th Ave. SE 4. PUBLIC HEARINGS: a. Annexation effectuation, proposed R-8 and R-10 zoning, and proposed development agreement restricting development under the R-10 zone for the Tydico Annexation site consisting of 9.46 acres bounded by NE 3rd Pl., NE 2nd St., and Bremerton Ave. NE (136th Ave. SE) b. Vacation petition for portion of unopened Lyons Ave. NE, located south of NE 4th St. (Petitioner: Robin Bales) 5. APPEAL: Planning & Development Committee Report re: Dalpay Estates Division H Short Plat INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requires that the City establish a process to handle appeals from application of environmental and developmental rules and regulations. The Renton City Council, feeling it was best for the elected representatives to handle the appeals rather than require citizens to go to court, has retained appellate jurisdiction to itself. The courts have held that the City Council, while sitting as an appellate body, is acting as a quasi-judicial body and must obey rules of procedure of a court more than that of a political body. By City Code, and by State law, the City Council may not consider new evidence in this appeal. The parties to the appeal have had an opportunity to address their arguments to the Planning & Development Committee of the City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns to the Planning & Development Committee, the City Council may not consider oral or written testimony at the City Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of open discourse provided to citizenry during the audience comment portion of the City Council meeting. However, this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by the quick, easy, inexpensive and local appeal process provided by the Renton City Council. 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. (CONTINUED ON REVERSE SIDE) 8. 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 August 16, 2004. Council concur. b. City Clerk reports bid opening on 8/18/2004 for CAG-04-098, Airport Apron C Utilities Project - Electrical Conversion; three bids; engineer's estimate $393,605.76; and submits staff recommendation to award the contract to the low bidder, Potelco, Inc., in the amount of $360,372.69. Council concur. c. Community Services Department recommends approval of the purchase and installation of play equipment at Sunset Court Park, located at 1150 Harrington Ave. NE, by Architecreation, Inc., in the amount of $69,787.58. Council concur. d. Development Services Division recommends approval, with conditions, of the Honey Brooke Division III Final Plat; 22 single-family lots on 4.42 acres located in the vicinity of NE 5th St., Ilwaco Ave. NE, NE 5th PI., and Jericho Ave. NE. Council concur. (See 1 La. for resolution.) e. Finance & Information Services Department recommends the issuance of $10,000,000 of 2004 Water and Sewer Revenue Bonds for water, sewer, and storm water construction projects. Refer to Finance Committee. f. Transportation Systems Division recommends approval of an agreement in the amount of $36,342 with King County Department of Transportation to provide Commute Trip Reduction (CTR) services to 22 affected employers in the City of Renton for 2004-2005. Council concur. (See 1 Lb. for resolution.) g. Transportation Systems Division recommends approval of a contract in the amount of $69,794.02 with INCA Engineers, Inc., to conduct construction inspection services for the Monster Rd. Bridge repair. Council concur. h. Transportation Systems Division recommends approval of Addendum #3 to PAG-87-001, AT&T's lease for its fiber optic line that runs through the Airport, to extend the time period of the lease to 10/31/2012 and to increase the rental rate from $0.30 to $0.3473 per square foot per year. Revenue generated is $10,533.14 annually. Refer to Transportation (Aviation) Committee. i. Utility Systems Division recommends approval of an agreement in the amount of $16,056 with Casne Engineering, Inc. to conduct a water system emergency power study that looks at providing Wells 1, 2, and 3, Mt. Olivet Booster Pump Station, and North Talbot Booster Pump Station with dedicated emergency power supply. Approval is also sought to fund this project through the Emergency Response Plan Update project budget. Council concur. 9. CORRESPONDENCE 10. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics 'may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers; Fire Station #12 Construction Completion; Maintenance Shops Fitness Room Creation; Mayor's City Vehicle Benefit Modification*; Position Reclassifications b. Planning & Development Committee: Annexation Public Meeting & Hearing Notices; Owner - Occupied Housing Incentives Extension and Modification* c. Transportation (Aviation) Committee: Renaming of SW 41st St. to IKEA Way; Airport Apron C Utilities Project Budget Amendment 11. RESOLUTIONS AND ORDINANCES Resolutions: a. Honey Brooke Division III Final Plat (see 8.d.) b. Agreement with King County for Commute Trip Reduction services (see 81) c. Authorizing a car allowance to the Mayor in lieu of providing city vehicle (see 10.a.) (CONTINUED ON NEXT PAGE) Ordinances for first reading: a. Approving the Tydico Annexation (see 4.a.) b. Establishing R-8 zoning for the Tydico Annexation (see 4.a.) c. Establishing R-10 zoning for the Tydico Annexation (see 4.a.) d. Owner -Occupied Housing Incentives extension and modification (see 10.b.) 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT 14. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 5:00 p.m. Emerging Issues (including Scoccolo Lawsuit and Pavilion Building Lease) Council Chambers 6:00 p.m. Comprehensive Plan Amendments Update • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL Regular Meeting August 23, 2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council. to order and led the Pledge of Allegiance to the flag. ROLL CALL OF DON PERSSON, Council President; MARCIE PALMER; TERRI BRIERE; COUNCILMEMBERS DENIS LAW; DAN CLAWSON; TONI NELSON; RANDY CORMAN. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; KAREN MCFARLAND, Engineering Specialist; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; SHAWNA MULHALL, Development Manager; COMMANDER KENT CURRY, Police Department. PUBLIC MEETING This being. the date set and proper notices having been posted and published in Annexation: Mosier H, NE 4th accordance with local and State laws, Mayor Keolker-Wheeler opened the.. St & 142nd Ave SE public meeting to consider the 10% Notice of Intent petition for the proposed Mosier II Annexation, which consists of 8.72 acres, including the abutting street right-of-way, located on the south side of NE 4th St. and bounded by 142nd Ave. SE on the west, 144th Ave. SE (Jericho Ave. NE) on the east, and SE 132nd St. on the south. Don Erickson, Senior Planner, pointed out that this annexation site was part of the larger Mosier I Annexation, which did not proceed for lack of signatures. He reported that four single-family dwellings exist on this essentially flat site, and a branch of Maplewood Creek runs southwest of the site, draining wetlands to the west of 142nd Ave. SE. In regards to public services, Mr. Erickson said the site is served by Fire District #25, Water District #90, Renton sewer, and Renton School District. Continuing, Mr. Erickson stated that the area's zoning under King County is R- 4 (four units per gross acre). Renton's Comprehensive Plan designates this area Residential Low Density, and R-5 (five units per net acre) zoning is proposed. He noted that, if approved, the proposed new R-4 zone would replace the R-5 zone. Mr. Erickson reported that the fiscal impact analysis indicates a surplus of $3,826 at full development, assuming an increase to 33 single-family homes. In conclusion, Mr. Erickson stated that the proposed annexation furthers City business goals, and is consistent with City annexation policies and policies for lower density rezones. However, questionable consistency exists with relevant Boundary Review Board criteria such as logical service areas. He also noted that the Surface Water Division indicated some potential flooding in the area, and suggested mitigation with future development. Public comment was invited. John Skochdopole, Conner Homes Company, 846 108th Ave. NE, Bellevue, 98004, requested that six more parcels be included in this annexation proposal. He explained that his company has under contract, approximately 13 acres that were originally part of the first Mosier Annexation. The properties he wants August 23, 2004 Renton City Council Minutes Page 283 included are two large parcels located north of SE 136th St., for which he has authorization from the property owners for their inclusion. Additionally, Mr. Skochdopole indicated that there are four parcels between the proposed Mosier II annexation boundary and the two aforementioned parcels. He pointed out that when combined with the other four parcels, the assessed valuation of the two parcels is in excess of 65% of the combined parcels. Therefore, it is possible to proceed with annexing all six parcels, and he requested that they be included in the Mosier II Annexation. There being no further public comment, it was MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL ADD THE PROPERTIES LOCATED SOUTH OF SE 132ND ST. AND NORTH OF SE 136TH ST. TO THE MOSIER II ANNEXATION AREA. CARRIED. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL: ACCEPT THE MOSIER II ANNEXATION 10% NOTICE OF INTENT TO ANNEX PETITION; AUTHORIZE CIRCULATION OF THE 60% DIRECT PETITION TO ANNEX; REQUIRE THE ADOPTION OF ZONING CONSISTENT WITH THE COMPREHENSIVE PLAN LAND USE MAP; AND REQUIRE THAT PROPERTY OWNERS ASSUME A PROPORTIONAL SHARE OF THE CITY'S BONDED INDEBTEDNESS. CARRIED. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Annexation: Tydico, 136th accordance with local and State laws, Mayor Keolker-Wheeler opened the Ave SE public hearing to consider the Tydico Annexation, the proposed R-8 and R-10 zoning, and the proposed development agreement restricting development under the R-10 zone. The Tydico site consists of 9.61 acres generally bounded by NE 3rd Pl. to the north, NE 2nd St. to the south, and 136th Ave. SE (Bremerton Ave. NE) to the east. Don Erickson, Senior Planner, stated that the annexation area contains a single- family dwelling that is used as a nonconforming heavy construction equipment office. The topography of the site is essentially flat, with a seasonal stream along the western property line. The site is served by Fire District #25, is within the Renton water and sewer service area, but is currently served by Water District #90. He noted that roadway and stormwater improvements are likely. Mr. Erickson indicated that existing King County zoning is R-4, and Renton's Comprehensive Plan designates the area as Residential Options. He explained that at the annexation election held on 9/16/2003, voters approved the annexation and R-8 zoning, which was consistent with the Comprehensive Plan at that time. On 11/24/2003, Council approved amendments to the Comprehensive Plan, resulting in the Residential Options designation for this area, and the zone most consistent with this new land use designation is R-10. Mr. Erickson stated that because of concerns raised by nearby residents regarding the potential impact of higher density housing near their lots, the applicant will enter into a development agreement (considered by Council on 11/17/2003), which contains restrictions that makes the R-10 zoning more compatible with the abutting R-8 zoning to the south and east. The site -specific restrictions are as follows: August 23, 2004 Renton City Council Minutes Page 284 • All residential buildings shall be detached single-family residential buildings; • All future residential lots within the site that directly abut the site's south boundary shall have a minimum lot width of 50 feet; and • The net residential density of any development of the site shall not exceed ten dwelling units per net acre. Mr. Erickson pointed out that since the election ballot stated "annexation with R-8 zoning," staff recommends that the site be initially annexed into the City with R-8 zoning and then be rezoned to R-10 in order to be consistent with Comprehensive Plan designation and the provisions of the development agreement. Mr. Erickson stated that the proposed annexation furthers City business goals, is consistent with City policies, and is supported by the Boundary Review Board. He noted that the fiscal implications, except for parks, appear to be relatively minor. Mr. Erickson concluded that the best interests and general welfare of the City appear to be served by this annexation. Public comment was invited. David Halinen, 10500 NE 8th St., Suite 1900, Bellevue, 98004, stated that he represents the property owner, Liberty Ridge LLC, and thanked City staff for their cooperation throughout this extended process. He urged Council to move forward with the annexation as proposed. There being no further public comment, it was MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL: ACCEPT THE 9.61-ACRE TYDICO ANNEXATION SUBJECT TO THE VOTER APPROVED PROVISIONS OF THE ELECTION BALLOT; REZONE THE SUBJECT SITE, EXCLUDING PUBLIC STREET RIGHT-OF-WAY, TO R-8 CONSISTENT WITH THE APPROVED BALLOT MEASURE; AND SUBSEQUENT TO THE R-8 REZONE, REZONE THE SITE R-10, SUBJECT TO THE PROVISIONS OF THE COUNCIL AUTHORIZED DEVELOPMENT AGREEMENT TO BE CONSISTENT WITH THE CURRENT RESIDENTIAL OPTIONS COMPREHENSIVE PLAN LAND USE DESIGNATION.* Council President Persson noted that the integrity of the existing community will be protected, and he thanked the Administration for responding to the adjacent neighbor's concerns. *MOTION CARRIED. (See page 291 for ordinances.) Vacation: Lyons Ave NE, This being the date set and proper notices having been posted and published in Bales, VAC-04-002 accordance with local and State laws, Mayor Keolker-Wheeler opened the public hearing to consider the street vacation petition submitted by Steve Beck on behalf of Bales Limited Partnership for a portion of approximately 100 feet of the remaining unopened 30-foot right-of-way of old Lyons Ave. NE, an unimproved road located between NE 3rd and 4th Streets, and between Jericho Ave. NE and Nile Ave. NE (VAC-04-002). Karen McFarland, Engineering Specialist, explained that this vacation request is associated with the Amber Lane Short Plat currently in preliminary development. She relayed that the petitioner said this vacation serves the August 23, 2004 Renton City Council Minutes Page 285 public benefit by removing unusable right-of-way that will allow for a better configuration of lots. Ms. McFarland reported that no objections about the proposed vacation were received from City departments and outside agencies. The City will obtain an easement at a later date through the development process after it has been determined where to place the facilities. Currently, no public facilities are contained in the right-of-way. In conclusion, Ms. McFarland stated that staff recommends Council approve the request to vacate the street right-of-way. If approved, the applicant will submit an appraisal, and the matter will come before Council again once the appraisal is reviewed, for determination of the compensation. Public comment was invited. Myles Ostheimer, 353 Lyons Ave. NE, Renton, 98059, stated that he lives east of the area to be vacated. He indicated that he thought if the area to be vacated were ever sold, he would have the ability to bid on at least 15 feet of the 30-foot property. Ms. McFarland noted that a portion of a previous vacation (VAC-01-006) attached to Mr. Ostheimer's property. She stated if the subject vacation request is approved, it would most likely attach to the property on the west. There being no further public comment, it was MOVED BY LAW, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Council President Persson clarified that when there is a full -street right-of-way, it is divided in two and the abutting property owners may buy the half that attaches to their properties. He pointed out that a previous vacation dealt with one-half of this right-of-way, and the subject vacation concerns the other one- half. Therefore, the subject vacation would attach to the property on the west. MOVED BY LAW, SECONDED BY PALMER, COUNCIL APPROVE THE REQUEST TO VACATE THE STREET RIGHT-OF-WAY. CARRIED. APPEAL Planning and Development Committee Chair Briere presented a report on the Planning & Development appeal of the Dalpay Estates Division R Short Plat (SHP-03-125). The Committee Committee met on 8/19/2004 to consider the appeal of Paul Barfknecht and Appeal: Dalpay Estates Susan Bledsoe. This is an appeal of the decision of the Hearing Examiner Division II Short Plat, dated 4/13/2004. The subject property is located at 3801 NE 19th St. The Barfknecht, SHP-03-125 proposed land use action is a short plat, subdividing a 2.52-acre parcel into five lots, for the development of five detached single-family residences. The Committee found the following facts: • The appellants are the neighbors of the subject property. • There is a dispute between the appellants and the applicant regarding an apparent encroachment on the applicant's property by the appellants. • The 2.52-acre parcel could support the proposed short plat despite whether the property encroached upon is awarded to the appellant in a civil action, if any, between the parties. • The Hearing Examiner did not render a decision regarding the legal rights of the parties as they relate to the encroachment. The appellants appealed this absence. August 23, 2004 Renton City Council Minutes Page 286 The appellants requested reconsideration. A clerical matter was corrected as a result. Based on the foregoing findings, the Committee reached the following conclusions: • The Committee has no jurisdiction over the issue of the encroachment and who has what rights to the property. • The short plat proposal meets the City's criteria and if there is a loss of property due to the encroachment, the proposal still meets the City's criteria. • The Hearing Examiner was right not to decide the encroachment issue. Appellants raised two other issues on appeal that were clerical in nature. The Hearing Examiner made one clerical change after the appellants asked him to reconsider. As to the second issue, it related to the Hearing Examiner's summary of the appellant's testimony. The testimony involved (the distance the trees were from the garage) was not material to the decision and did not constitute a substantial error of fact or law. The Committee found no error in fact or law in the Hearing Examiner's decision. Therefore, the Committee recommended that the Council affirm the decision of the Hearing Examiner. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2004 and beyond. Items noted included: The latest edition of CityView is now airing on Renton cable channel 21, featuring Freddie's Fabulous 4th Celebration, Kidd Valley Concert Series, Renton History Minute on the Black River, 2004 Renton River Days, 2004 Summerfest for Kids, Dive Rescue Team, Gene Coulon Beach Park Amenities, Moment with the Mayor on the Farmers Market, Personal Safety Class for Women, and Renton's public art. On August 20th, the King County Health Department closed Gene Coulon Beach Park for swimming through August 24th, at which time the water will be retested and a decision made as to whether or not to reopen the beach. This action was taken when water samples exceeded the acceptable water quality standards for fecal coliform and E. coli. As of August 18th, the City Maintenance Shops collected 221 abandoned shopping carts throughout the City. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilwoman Palmer, item 8.b. was removed. Council Meeting Minutes of Approval of Council meeting minutes of August 16, 2004. Council concur. August 16, 2004 Community Services: Sunset Community Services Department recommended approval of the purchase and Court Park, Playground installation of playground equipment at Sunset Court Park, located at 1150 Equipment Purchase Harrington Ave. NE, by Architecreation, Inc., in the amount of $69,787.58. Council concur. August 23, 2004 Renton City Council Minutes Page 287 Plat: Honey Brooke Division Development Services Division recommended approval, with conditions, of the III, NE 5th St, FP-04-067 Honey Brooke Division III Final Plat; 22 single-family lots on 4.42 acres located in the vicinity of NE 5th St., Ilwaco Ave. NE, NE 5th Pl., and Jericho Ave. NE (FP-04-067). Council concur. (See page 290 for resolution.) Finance: Bond Issuance, Finance and Information Services Department recommended the issuance of Water, Sewer & Stormwater $10,000,000 of Water and Sewer Revenue Bonds, 2004, for water, sewer, and Projects stormwater construction projects. Refer to Finance Committee. Transportation: Commute Trip Transportation Systems Division recommended approval of an agreement in the Reduction Program Services, amount of $36,342 with King County Department of Transportation to provide King County Commute Trip Reduction (CTR) services to 22 affected employers in the City of Renton for 2004-2005. Council concur. (See page 291 for resolution.) CAG: 04-033, Monster Rd Transportation Systems Division recommended approval of a, contract Bridge Inspection Services, supplement in the amount of $69,794.02 with INCA Engineers, Inc., to conduct INCA Engineers inspection services for the Monster Rd. Bridge repair. Council concur. Airport: AT&T Lease, Transportation Systems Division recommended approval of Addendum #3 to Addendum #3, Fiber Optic PAG-87-001, AT&T's lease for its fiber optic line that runs through the Airport, Line, PAG-87-001 to extend the time period of the lease to 10/31/2012 and to increase the rental rate from $0.30 to $0.3473 per square foot per year. Revenue generated is $10,533.14 annually. Refer to Transportation (Aviation) Committee. Utility: Water System Utility Systems Division recommended approval of an agreement in the amount Emergency Power Study, of $16,056 with Casne Engineering, Inc. to conduct a water system emergency Casne Engineering power study that looks at providing Wells 1, 2, and 3, Mt. Olivet Booster Pump Station, and North Talbot Booster Pump Station with dedicated emergency power supply. Approval was also sought to fund this project through the Emergency Response Plan Update project budget. Council concur. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED WITH THE REMOVAL OF ITEM 8.b. CARRIED. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL POSTPONE ACTION ON ITEM 8.b., AIRPORT APRON C UTILITIES PROJECT CONTRACT, UNTIL THE END OF UNFINISHED BUSINESS. CARRIED. (See page 290 for item 8.b.) Added At the request of Councilman Corman, a letter was read from Larry Brosman, CORRESPONDENCE 3625 NE 9th St., Renton, 98056, asking for a reduction in the penalty fee from Citizen Comment: Brosman - $250 to $100 for cats not wearing a pet license. Pet License Penalty Fees Councilman Corman questioned the current pet licensing and penalty procedures. Mayor Keolker-Wheeler informed that this correspondence has been referred to the Administration. She suggested that Council wait for the response, and then determine if the matter should be referred to committee for discussion as to whether to change City Code. UNFINISHED BUSINESS Transportation (Aviation) Committee Chair Palmer presented a report regarding Transportation (Aviation) the proposed street name change of SW 41st St. to SW IKEA Way. The Committee Committee evaluated issues surrounding the proposed name change. Business Streets: Rename SW 41st St to response was mixed and almost evenly divided. Additionally, discussions with SW IKEA Way the Washington State Department of Transportation (WSDOT) concluded that WSDOT could not change the sign on SR-167 unless the street name was formally changed for the full length of the street. August 23, 2004 Renton City Council Minutes Page 288 To make a balanced decision, the Committee also reviewed the -contributions that IKEA has made to the City. These contributions are extraordinary and unique. Besides a major source of retail sales tax, IKEA contributes to the Renton School District, Renton Technical College, Renton River Days, and .the Performing Arts Center. These contributions go beyond expectations and are important elements to creating a diverse and vibrant community. The Committee understands the concerns of the businesses along SW 41st St. At the same time, IKEA's contributions to the community at large affects hundreds of people and positively changes their lives through education, arts, and community festivities. Changing the street name is a way of recognizing these extraordinary and unique contributions. Consequently, the Committee recommended that SW 41st St. be renamed SW IKEA Way. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilwoman Palmer stated that IKEA did not ask for the street name change. The City offered this in preparation for IKEA's ten-year anniversary. She noted the City's surprise that some of the affected businesses objected, and emphasized that the City does respect and appreciate the small businesses. Ms. Palmer explained that IKEA has contributed to the community in many ways, and this is a way of recognizing those contributions. Airport: Apron C Utilities Transportation (Aviation) Committee Chair Palmer presented a report Project, 2004 CIP Amend, recommending concurrence in the staff recommendation to approve an 2004 Budget Amend amendment to the 2004 Capital Improvement Program for the Apron C Utilities project for the purpose of completing the final improvements due to changed conditions and a modified scope of work in the amount of $420,968 coming from the Airport Reserve Fund. The Committee further recommended that the Council appropriate and adjust the 2004 Budget for the Apron C Utilities project to $740,605. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning and Development Committee Chair Briere presented a report Committee recommending concurrence in the recommendation of staff to approve the Planning: Owner -Occupied extension and modification of Owner -Occupied Housing Incentives for the Housing Incentive Extension Center Downtown (CD) and Residential Multi -Family Urban (RM-U) zoning and Modification areas downtown (City Code 4-1-210 Waived Fees) to expire on 10/01/2007, unless otherwise extended by the Council. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 291 for ordinance.) Annexation: Public Planning and Development Committee Chair Briere presented a report Meeting/Hearing Notices recommending concurrence in the staff recommendation to continue to follow the legal requirements for annexation public meeting and hearing advertisements and postings, and to provide information to citizens as follows: • 10% Notice of Intent to Annex Petitions - the public meeting notifications to be mailed to the submitter and signers of the petition, will consist of a copy of the legal notice as advertised, a map of the annexation area, and a letter from the City Clerk requesting attendance at the public meeting. August 23, 2004 Renton City Council Minutes Page 289 �► 60% Annexation Petitions - the public hearing notifications to be mailed to all property owners in the annexation area, to all property owners within 300 feet of the annexation area, and to all other interested parties on record, will consist of the legal notice, a map of the annexation area, and a handout describing the annexation process and comparing services and tax implications for residents in unincorporated King County and in the City.* Councilwoman Briere stated that the recommended notification procedures will make it easier for the public to understand the annexation process. *MOVED BY BRIERE, SECONDED BY LAW, COUNCIL. CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Corman presented a report recommending approval Finance: Vouchers of Claim Vouchers 229387 - 229832 and four wire transfers totaling $2,972,758.30; and approval of Payroll Vouchers 52709 - 53093, one wire transfer, and 614 direct deposits totaling $1,939,377.94. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. AJLS: Mayor City Vehicle Finance Committee Chair Corman presented a report recommending that the Benefit Modification Council authorize the modification of the Mayor's city vehicle benefit from a City -provided vehicle to a monthly vehicle allowance, for an annual savings to the City of $4,899.96. In addition to the financial savings to the City, this change will provide the Mayor with more efficiency in her travels to and from City events in evenings and on weekends. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Human Resources: Finance Committee Chair Corman presented a report recommending Reclassification of Seven concurrence in the staff recommendation to approve the reclassification of the Positions following positions within the Administrative, Judicial and Legal Services Department, the Finance and Information Services Department, and the Planning/Building/Public Works Department: Lead Judicial Specialist, grade a10 to a15, $27,059 budget change through 2004; Community Relations Specialist, grade n12 to n15, $10,944 budget change through 2004; Accounting Supervisor, grade a13 to a19, $16,916 budget change through 2004; Utility Accounts Supervisor, grade a13 to a19, $15,419 budget change through 2004. The above changes are effective 1/01/2002. These reclassifications will not require additional budget appropriations. Construction Inspector H, grade a18 to a21, $33,485 budget change through 2004; Lead Construction Inspector, grade a21 to a24, $9,084 budget change through 2004. The above changes are effective 1/01/2003. These reclassifications will not require additional budget appropriations. City Council Liaison, grade nl1 to n12, $3,109 budget change through 2004. The above change is effective 7/01/2003. This reclassification will not require additional budget appropriations. August 23, 2004 Renton City Council Minutes Page 290 The Administration also recommended that the City Council allocate $116,016 from unallocated fund balance in the General Fund among the individual department's budgets to cover the additional costs of these reclassifications.* Councilman Corman said the Finance Committee concluded that the reclassifications were held in abeyance by the previous Adminstration, and the correct action is to apply these reclassifications retroactively. *MOVED BY CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Mayor Keolker-Wheeler thanked Council for approving the reclassifications as presented, and noted that the funds were set aside at the first of the year from the ending fund balance. Public Works: Fitness Room, Finance Committee Chair Corman presented a report recommending Maintenance Shops concurrence in the staff recommendation to approve the reprogramming of $25,000 from nine accounts to pay for the creation of a fitness room above the garage at the Planning/Building/Public Works Maintenance Shops. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. CAG: 02-177, Fire Station #12 Finance Committee Chair Corman presented a report regarding the completion Construction, E Kent of the Fire Station #12 construction project (CAG-02-177). The Committee Halvorson concurred in the staff recommendation to authorize the Administration to approve the final pay application, to accept the completed project, and to start the 60-day lien period. After the 60-day period, the retained amount of $166,912.92 will be released to E. Kent Halvorson, Inc., contractor, upon verification that all taxes have been paid and all liens resolved. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Having been postponed until the end of Unfinished Business, the recommendation to approve Consent Agenda item 8.b was now again before Council: Postponed City Clerk reported bid opening on 8/18/2004 for CAG-04-098, Airport Apron Consent Agenda Item 8.b. C Utilities Electrical Conversion; three bids; engineer's estimate $393,605.76; CAG: 04-098, Airport Apron and submitted staff recommendation to award the contract to the low bidder, C Utilities Electrical Potelco, Inc., in the amount of $360,372.69. Conversion, Potelco Inc Vs. Palmer explained that the funding for the project needed to be approved (see page 288) before going forward with the award of the contract. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL APPROVE CONSENT AGENDA ITEM 8.b. AS PRESENTED. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3711 A resolution was read approving the Honey Brooke Division III Final Plat; Plat: Honey Brooke Division approximately 4.42 acres located in the vicinity of NE 5th St., Ilwaco Ave. NE, III, NE 5th St, FP-04-067 NE 5th Pl., and Jericho Ave. NE (FP-04-067). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. August 23, 2004 Renton City Council Minutes Page 291 Resolution #3712 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: Commute Trip interlocal cooperative agreement with King County entitled "Commute Trip Reduction Program Services, Reduction Act Implementation Agreement." MOVED BY BRIERE, King County SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3713 A resolution was read authorizing providing a car allowance to the Mayor in AJLS: Mayor City Vehicle lieu of providing a City vehicle. MOVED BY BRIERE, SECONDED BY Benefit Modification LAW, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 9/13/2004 for second and final reading: Annexation: Tydico, 136th An ordinance was read annexing 9.61 acres of contiguous unincorporated Ave SE territory known as the Tydico Annexation, by the election method, setting the taxation rate, and fixing the effective date of the annexation. The site is generally bounded by the centerline of NE 3rd PI., if extended, on the north; the centerline of SE 132nd St., if extended on the south; 134th Ave., if extended on the west; and Bremerton Ave. NE (136th Ave. SE) on the east. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/13/2004. CARRIED. Annexation: Tydico, R-8 An ordinance was read establishing the zoning classification of R-8 Zoning (Residential - eight dwelling units per acre) for the Tydico Annexation; 9.61 acres generally bounded by the centerline of NE 3rd PI., if extended, on the north; the centerline of SE 132nd St., if extended on the south; 134th Ave., if extended on the west; and Bremerton Ave. NE (136th Ave. SE) on the east. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/13/2004. CARRIED. Annexation: Tydico, R-10 Zoning Planning: Owner -Occupied Housing Incentive Extension and Modification ADJOURNMENT Recorder: Michele Neumann August 23, 2004 An ordinance was read establishing the zoning classification of R-10 (Residential - ten dwelling units per acre) for the Tydico Annexation; 9.61 acres generally bounded by the centerline of NE 3rd Pl., if extended, on the north; the centerline of SE 132nd St., if extended on the south; 134th Ave., if extended on the west; and Bremerton Ave. NE (136th Ave. SE) on the east. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/13/2004. CARRIED. An ordinance was read amending Section 4-1-210, Waived Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of City Code by extending and modifying the waiver of certain development and mitigation fees. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/13/2004. CARRIED. MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:46 p.m. Bonnie I. Walton, CMC, City Clerk RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING August 23, 2004 COMMITTEEXHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE (Persson) COMMUNITY SERVICES (Nelson) FINANCE (Corman) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Law) MON., 8/30 No Meeting (5th Monday) MON., 9/06 No Meeting (Labor Day) MON., 9/13 Emerging Issues 5:15 p.m. *Council Conference Room* Approximately Comprehensive Plan Amendments Update 6:00 p.m. *Council Chambers* MON., 9/13 Designated Pet Areas in Gene Coulon 3:30 p.m. Memorial Beach Park; Renton Teen Center MON., 9/13 Vouchers; 4:00 p.m. Unfunded Positions Creation; 2004 Water & Sewer Revenue Bonds Issuance THURS., 9/02 2:00 p.m. TRANSPORTATION (AVIATION) THURS., 9/02 (Palmer) 4:00 p.m. UTILITIES (Clawson) Street Vacation Process; Comprehensive Plan Update AT&T Airport Lease Addendum; Liberty Ridge Traffic Concerns NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. v MOSIER II ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF PROPOSED ANNEXATION WITH R-4 ZONING August 23, 2004 The City is in receipt of a Notice of Intention to Commence Annexation Petition from property owners in the proposed annexation area representing approximately 52 % of the area's +7.89 acres. The site is located in the City's East Renton Plateau Potential Annexation Area and is primarily designated as Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Map. Because the site currently has County R-4 zoning, it is the City's intent to rezone it to R-4, f our u nits p er n et acre. W ith t his z oning t he s ite w ould a ccommodate a pproximately 26 additional single-family dwelling units. The annexation site abuts the City on its eastern boundary. The southern boundary of the proposed annexation site is SE 132nd Street. With the exception of the half -street of 142nd Avenue SE all abutting street right-of-ways not currently in the City are proposed to be included in this annexation. The site is•,relatively flat and consists of six parcels with an estimated four detached single-family dwellings on it. Under RCW 35A.14.120, direct petitions to annex are initiated by property owners representing either at least 10% of the annexation area's assessed value or 10% of its area submitting a Notice of Intention to Commence Annexation Proceedings petition to City Council. The petitioner's currently represent approximately 52% of the annexation site's total assessed value. Council i s r equired t o h old t onight's p ublic in eeting i n o rder t o d ecide whether t he C ity w ill accept, reject or geographically modify the proposed annexation. If the Council decides to accept the proposed annexation it will: 1. Authorize the circulation a 60% Direct Petition to Annex: 2. Decide whether to require the simultaneous adoption of proposed R-4 zoning; and, 3. Decide whether to require property owners within the annexation area to assume their fair share of the City's existing indebtedness. Council Hearing Handout 08-04-03.doc\ 8 3 w. on E ��► 1�'�► e 1 man m R� " C6� 1M1m �ryRP �r � �`�"� .r ��''�s. . � •� j W c � as cd 'i7 d r, d c � .� � u: != ! c °tic o .� y o rii Ej� s °cCIS to ' a� w Y 1• C� �_ , halt>a►vI: I.es,�,;aY. �.: 1.„ • p. � . m. vi � Ye 1� ,'^ Vi �?' c U p to 75d1s t 0. .4 N ill Q CC .a n IMMUNE - 4 x _ Q, X Qi !..✓ ice-, ;_ ,� IF R "� • W c ....tv Q . CD CD A .. � y= \` n Cx. d 0 . C CD tj � � l®1 C ;.�.�wo to d •� A O m ti eu CL t o . INS - i �►� Ill NOR,rn. 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CD rb R °' = :o y d yCD OQ `Q M CD 01 TYDICO SITE ANNEXATION PUBLIC HEARING ANNEXATION EFFECTUATION, PROPOSED R-8 AND R-10 ZONING, AND PROPOSED DEVELOPMENT AGREEMENT RESTRICTING DEVELOPMENT UNDER THE R-10 ZONE August 23, 2004 The Tydico Annexation site is 9.46 acres generally bounded by NE 3rd Pl. to the north, NE 2nd St. to the south, and Bremerton Ave. NE (1361h Ave. SE) to the east. A special annexation election was held in September 2003 for the property. When the annexation was originally proposed as a ballot measure, the Comprehensive Plan Designation proposed was Residential-8 (eight dwelling units per net acre) with R-8 zoning. Since then the site was redesignated on the City's Comprehensive Plan Land Use Map as Residential Options (residential with a base density of ten dwelling units per net acre and a bonus to thirteen dwelling units/net acre) with R-10 zoning. In requesting the RO land use designation and R-10 zoning, the proponents entered into a development agreement restricting future development to 100% single-family detached housing at a maximum net density of 10 units per net acre. They also agreed that the lots abutting the R- 8 zoned property to the south have R-8 minimum lot widths. Tonight's public hearing is to consider and approve the provisions of the Tydico Annexation Development Agreement, effectuate the Tydico Site Annexation by ordinance, rezone the site initially R-8 to comply with the ballot provisions approving the annexation, and then subsequently rezone it to R-10 consistent with the current land use designation. The proposed annexation is exempt from SEPA under the provisions of RCW 43.21C.222; however, the rezoning of the site to R-8 does require SEPA compliance. The Environmental Review Committee issued a Determination of Non -significance for the prezone on November 5, 2002. The R-10 zone also complied with SEPA as part of the environmental review that was conducted for the November 2003 Comprehensive Plan amendments and concurrent rezones. Tonight City Council is expected to hear public comment. Staff recommends approval of the three ordinances to: annex the site, rezone the site to R- 8, and then subsequently rezone the site to R-10 subject to the provisions of the development agreement. H:\EDNSP\PAA\Annexations\Tydico\Council Hearing Handout.doc A RE r;N"v I.: Existing C®ndi ®ns • Size - 9.61 acres • Location -between NE 3rd PI and 2nd Pl, if extended, west of 136th Avenue S , if extended • Uses - single-family dwelling and1 onconforming heavy construction equipment off, es • Boundaries - site abuts Benton on �t�s north, west, east and southern boundaries Tydic® Site Annexation Council Hearing Effectuating Annexation and Second Public Hearings on R-8 and R-10 Zoning August 23, 2004 7•30PM ExistingConditions •. Topography - essentially flat • Environmental constraints' -seasonal stream along ;western property line • Fire - fire protection through Fire District 25 Utilities - within Renton water and Sewer Service Area, but currently served by water District 90 - Roadway and stormwater improvements likely ago o� a 'no coca CD o >= � Z =� Ba .tea n CD NoN' �N NG y a...m CD so �-uIrD W cc X CD o 0o i �. a a-..cQ t CD o � CD 10 � CD 'tio ry b O b O b l.l b N -•,o 0 Ct n"OC o tzc CD nM M CD N o. 'CS w' ro -0, 0 in n CD CD ••� y 7y y0 10 1'0 p :D 0 f9 CD O a. rn CDCD n a Ctl z. CG o.CD p, N by by 'TJ °° C=D _ CD CDs"-' toB cr CD CD ID CD �� :. d Nto w �• �. .Opp Gs a; z3 0 � o CD �c �• p ID < 6> o gC oho N S �+ .. 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SUMMARY: A vacation petition was received June 15, 2004 from Robin Bales on behalf of Bales Limited Partnership. City Code requires that more than two-thirds (2/3) of the owners whose property abuts the street to be vacated must sign the petition. One -hundred percent (100%) of the abuttipg property owners have signed this petition. The portion of right-of-way included in this petition was dedicated in the plat of Black Loam Five Acre Tracts on February 27, 1906. A previous vacation, VAC-01-006, was already approved by the City Council on July 15, 2002. As shown on the attached map, VAC-01-006 vacated a portion of the east 30 feet of old Lyons Ave NE. There are no public facilities within the requested. area. None of the City Departments surveyed have objections to the vacation. The Wastewater Utility, however, would need to retain an easement over a portion of the requested vacation area for future facilities. The requested vacation area will be used in the Amber Lane Short Plat which is currently in preliminary development. The petitioner states that "this vacation serves the public benefit by removing unusable right-of-way"... which will "allow a better configuration of lots." As established by RCW 35.79.030, the street vacation petition, if granted, must be approved by the City Council through ordinance after a public hearing is held. The City shall receive compensation in accordance with RCW 35.79.030 for the vacated alley. The ordinance shall be recorded with King County once it is in effect. V mi— 15 — 1981.92 N.E. 47H ST. FOUND 3" BRASS SURFACE DISC WITH PUNCH TRACT 2 BLACK LOAM FIVE ACRE TRACTS, VOL 12, PG. 101 S. 1/2 TRACT 2 N88 AREA OF RIGHT OF - WAY TO BE VACATED .tl N88'21'16"W 2642.56 MEA. (2647.0 PLAT) 1'W I 1 1N 660.64 15 14 ME 128TH ST.) N MORGAN PLACIII VOL 152, PG'248-248B,REC. NO.200206079000 1 FOUND 3' BRASS - SURFACE DISK STAMPED "KING COUNTY MON" W/PUNCH RENTON CONTROL MON. NO. 1852 2 �! V 3 C Y� SIENNA VOL 209, PG'S_ 18-24, / REC. NO. 20021009002754 AMBER LANE PAGE RIGHT OF WAY VACATION i OF i EXHIBIT 14711 W 2M Moo, # 101 CO� Ee5ewe, . 877 F x 4 5."5. 425.8857877 Fax 425.8857963 DESIGN ENGINEERING - PLANNING - SURVEYING JOB NO_ 02087 SCALE; 1" = 60 t—�AD 10 -a. 94 �.Scjs=s4sy_ Public Hearing on STREET VACATION PETITION VAC.--04.-.-002 August 23, 2003 RENTON LOCATION LOCATION NE 4th Street 2nd Q NOULVD01 T BACKGROUND • Petition received June 2004 • Pursuant to State and City Code, more than 2/3 of the abutting owners must sign the petition • 100% of abutting owners have signed BACKGROUND • Right -of --way dedicated in the plat of Black Loam Five Acre Tracts on February 27, 19060 • East.30' vacated in March 2002 (VAC-01-006, Ordinance 4958) • Currently: There are NO facilities in way the right-of- PUBLIC BENEFIT • Request associated with the Amber Lane Short Plat currently in preliminary development. • The petitioner states that "this vacation serves the public benefit by removing unusable right-of-way"... which will "allow a better configuration of lots." RESEARCH/SURVEY • Vacation request was circulated to various City departments and outside agencies for review • No objections were raised RESEARCH/SURVEY Internal Review Comments • Wastewater Utility: — Will need an easement for future facilities. — Will obtain this easement at a lacer date through the development process. RESEARCH/SURVEY Outside Agency Review Comments • Water District 90, QWEST and Electric Lightwave have no facilities in the requested vacation area and have indicated that no easement is needed • To dale, PSE and Comcast have not responded to the City's request for comments, RECOMMENDATION The Planning/Building/Public Works Department recommends that Council approve the request to vacate the right--of-way, NEXT STEPS If Council approves this vacation petition: petitioner orders and submits an appraisal • staff reviews the appraisal and returns to Council so that compensation can be set CITY OF RENTON MEMORANDUM DATE: August 23, 2004 TO: Don Persson, Council President Members of the Renton City Council FROM: Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: ADMINISTRATIVE, JUDICIAL, AND LEGALS SERVICES DEPARTMENT • The latest edition of CityView is now airing on Renton Cable Channel 21. This edition of the city - produced video newsmagazine includes features about the Fabulous 4th recap; Kidd Valley Concert Series; Renton History Minute - the Black River; 2004 River Days recap; 2004 Summerfest for Kids; Fire Department Dive Rescue Team; Gene Coulon Beach Park Amenities; Moment With the Mayor - Farmers Market; Women's Personal Safety Class (Police); and Public Art in Renton. CityView is aired on the government access cable Channel 21 in Renton on Mondays at 12:00 noon and 5:00 p.m.; Tuesdays and Thursdays at 6:00 a.m., 1:00 p.m., and 8:00 p.m.; Wednesdays and Fridays at 11:00 a.m., 2:00 p.m., and 9:00 p.m.; and Saturdays and Sundays at 11:00 a.m. and 6:00 p.m. COMMUNITY SERVICES DEPARTMENT • Last Friday, August 20'h, the King County Health Department closed Gene Coulon Memorial Beach Park for swimming through Tuesday August 24t", at which time the water will be retested and a decision will be made as to whether or not to reopen the beach. This action was taken by King County because water samples exceeded the acceptable water quality standards for fecal coliform and E. coli. Kennydale Beach Park, located on Lake Washington Blvd. at N 36th Street, will remain open for swimming during this period. • The Senior Activity Center's 20-member "55-plus" co-ed softball team had a great year, ending with a 20-7 record and earning third place in the 15-team Senior Softball League. • Two teams of lifeguards from the Recreation Division participated in the annual Lake Washington Lifeguard Challenge Cup, held at Madison Park Beach in Seattle on Thursday, August 19t'. Seven teams from Seattle, Bellevue, and SeaTac participated in the skills competitions, including ironman and ironwoman, rescue relays, and first aid scenarios. The Renton teams placed first and second in the first aid scenarios and finished third overall. ECONOMIC DEVELOPMENT, NEIGHBORHOODS, & STRATEGIC PLANNING DEPARTMENT • The Summerwind Homeowners' Association will hold their annual neighborhood picnic this Wednesday, August 25 h, from 5:30 to 8:00 p.m. at the common area located at NE 19"' Street and Hoquiam Place NE. Residents are encouraged to bring a favorite potluck dish to the picnic and get to know their immediate and surrounding neighbors and meet City representatives. Administrative Report August 23, 2004 Page 2 FIRE AND POLICE DEPARTMENTS • On Tuesday, August 24"', the Police and Fire Departments, in conjunction with the Renton School District, will conduct a drill at Renton High School. The drill will simulate an emergency requiring the response of both Police and Fire to the school. A second drill will be conducted during the day to allow as many police and fire personnel as possible to participate in the emergency training. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • As of August 18"', the City Maintenance Shops had collected 221 abandoned shopping carts throughout the City. • Forty-three states reported the presence of West Nile Virus as of August 17''. Of those, 16 are reporting only animal or bird infections, 27 are reporting human cases, and 7 are reporting no virus (Washington, Alaska, Hawaii, Montana, Maine, Vermont, and Rhode Island, in addition to Washington, D.C.). A total of 689 human cases with 20 deaths have been reported, with the majority of human cases reported in three states (Arizona with 291; California with 162; and Colorado with 122). POLICE DEPARTMENT During the week of August 16`h through the 21st, the Renton Police Traffic Unit, working the Highlands emphasis, issued 11 citations in the areas between NE 7"'/27t' and Edmonds Avenue/Monroe Avenue. Of the 18 case reports taken, there were 3 reports of vehicles impounded as abandoned. There were no drinking in public citations issued and it was noted that unusual foot traffic has decreased. PLANNING & DEVELOPMENT COMMITTEE REPORT August 23, 2004 Da`lpay Estates,Divison II Short Plat Appeal LUA 03 1.25; 8HPL-I4-ECF (R ferred 6/2$/04) APPROVED BY 1 QTV COUNCIL Date _ LEI POL The Planning and Development Committee met on August 19, 2004, to consider the appeal of Paul Barfknecht and Susan Bledsoe. This is an appeal of the decision of the Hearing Examiner dated April 13; 2004. The subject property is located at 3801 NE 19tn Street. The proposed land use action is a short. plat, subdividing a 2.52 acre parcel into five lots,. for the development of five detached single family residences. The Committee found the following facts o The Appellants are the neighbors of the subject property • ' There is a. dispute between.the Appellants and the Applicant regarding an apparent encroachment. on the Applicant's property by the..Appellants: •. The 2.52.acre parcel could support the,proposed short.plat despite whether the property encroached':upon is awarded to the Appellant in a civil action,, if any, between the parties. • The`Hearing Examiner did not render a decision regarding the legal rights of the parties as they relate to the encroachment. The Appellants appeal this absence. • .,,The Appellants requested reconsideration. A clerical matter was corrected as a result. Based on the foregoing findings, the Committee reached the following conclusions: . • The Committee has, no jurisdiction over the issue of the encroachment and who has what rights to the property. •. The short plat proposal meets the City's criteria and if there. is, a loss of property due to the encroachment, the proposal still meets. the City's criteria: • The Hearing Examiner was right not to decide the encroachment issue. Appellant raised two other issues on.appeal that were clerical in'nature. The Hearing Examiner made one clerical change after the Appellants asked him to reconsider. As to Planning and Development Committee Report August 23, 2004 Page 2 the second issue, it related to the Hearing Examiner's summary of Appellant's testimony. The testimony involved (the distance the trees were from the garage) was not material to the decision and did not constitute a substantial error of fact or law. The Committee found no error in fact or law in the Hearing Examiner's decision. Therefore, the Planning and Development Committee recommends that the Council affirm the decision of the Hearing Examiner. qTeBrOe, air CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Community Services For Agenda of: 8/23/04 Dept/Div/Board.. Parks Division Agenda Status Staff Contact...... Leslie Betlach (ext. 6619) Bill Rasmussen (ext. 6617) Consent .............. X Public Hearing.. Subject: Sunset Court Park - Purchase and Installation of Play Correspondence.. Equipment Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Issue Paper Letter from Architecreation, Inc. Study Sessions...... List of Play Equipment Components Information......... Recommended Action: Council Concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $69,787.58 Transfer/Amendment....... Amount Budgeted....... $80,000.00 Revenue Generated......... Total Project Budget $80,000.00 City Share Total Project.. SUMMARY OF ACTION: A Request for Proposals was published for the purchase and installation of play equipment for Sunset Court Park. Four proposals were received from the following vendors: Architecreation, Inc.; Northwest Playground Equipment, Inc.; Sitelines; and Playscapes Northwest. Each proposal was evaluated by staff per the criteria in the proposal documents. This expenditure was included in the approved 2004 budget. STAFF RECOMMENDATION: Staff recommends that Council approve the purchase and installation of Sunset Court Park play equipment by Architecreation, Inc. in the amount of $69,787.58. 2004-145aa MEMORANDUM .s CITY OF RENTON COMMUNITY SERVICES 0 Committed to Enriching Lives 0 DATE: August 17, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: Kathy Keolker-Wheeler, Mayor41A) FROM: Dennis Culp, Community Services Administrator,� hfiAN.Y„%Zs STAFF CONTACT: Leslie Betlach, Parks Director (ext. 6619) SUBJECT: Approval of Purchase and Installation of Playground Equipment at Sunset Court Park ISSUE: Should the Council approve the purchase and installation of play equipment at Sunset Court Park by Architecreation, Inc. in the amount of $69,787.58? RECOMMENDATION: Staff recommends that Council approve the purchase and installation of play equipment at Sunset Court Park by Architecreation, Inc in the amount of $69,787.58. The play equipment at Sunset Park is obsolete and does not meet the new playground standards. The expenditure for new play equipment was included in the approved 2004 budget. A Request for Proposals was published for the purchase and installation of play equipment for Sunset Court Park. The RFP contained criteria for the play equipment including play features for each age group (2-5 year olds and 5-12 year olds) that were to be included in the proposal. Four proposals were received from the following vendors: Architecreation, Inc.; Northwest Playground Equipment, Inc.; Sitelines; and Playscapes Northwest. Each proposal was evaluated by staff per the criteria in the proposal documents. The proposal submitted by Arcitecreation, Inc. was selected as the proposal best meeting the criteria set forth in the RFP. CONCLUSION: The proposal by Architecreation, Inc. best fulfills the criteria for the purchase and installation of play equipment at Sunset Court Park. 2004-147aa L A N P E sraucnatEsiNc Bill Rassmussen Renton Parks & Recreation Renton City Hall 1055 South Grady Way Renton, WA 98055 July 16, 2004 Dear Bill, Arch itecreation, Inc. 2717 Western Avenue Suite #6008 Seattle, WA 98121 Ph: 206-932-4730 Fax: 206-933-9166 www.architecreation.com Thank you for this opportunity to present a proposal for your new playground at Sunset Court Park. We appreciate that you have looked to Landscape Structures, locally represented by Architecreation, Inc., as a source for high quality, challenging, and fun play equipment. Landscape Structures is proposing a playground that meets and exceeds the specified requirements listed. This includes staying within the equipment budget of $70,000, meeting all the CPSC, ADA requirements as well as the detailed equipment specifications — these are itemized below: • Pre School Area (2-5 years) o Play Structure w/Swings • Elementary Age Area (5-12 years) o Play Structure w/Swings Surfacing o 12" compacted woodchip type ADA/CPSC compliant surfacing We have also included 3 large 3D color renderings of the proposed equipment so the components are visible and identifiable. In addition, an overall 2D CAD drawing is included that identifies how the equipment will fit onto the site. We have also included a close up large scale drawing that allows for easy identification of each piece of equipment. The Landscape Structures playground idea that is presented here conforms to A.D.A. Accessibility Guidelines (ADAAG) and all the components are IPEMA certified. Landscape Structures is also ISO 9001 and ISO 14001, whereby conforming to standards in quality systems for production, installation, inspection and testing as well as meeting the highest level of corporate commitment in the prevention of pollution while fostering a culture of environmentally responsible practices, respectively. There are many additional benefits of Landscape Structures play equipment that I would like to highlight here as well: • All of LSI's slides are also on a sliding footer. Found at the base of the slide, the sliding footer allows for expansion and contraction of the slide. Without this feature, other slides can pull away from the deck in cold weather and warp in warmer weather. • LSI offers a 100-Year Limited Warranty for all aluminum posts, clamps, beams and caps. • All decks, handrails, chains, barriers and many other components are coated with a PVC material called Tendertuff@. It is designed to be temperature neutral so that when kids hands touch it, it is neither too cold nor too hot. It also offers extra cushion and comfort for young hands. • All LSI powdercoated surfaces use Super -Durable TGIC Polyester Powdercoat for a glossiness that last up to three times longer than standard polyester TGIC powdercoat, even in harsh climates. • The basic design and engineering of the equipment is modular and therefore, if you so desire, you can add to the equipment. The design(s) presented here offer several opportunities for future expansion in the play area at the park. • Lead time — delivery of materials within 4-5 weeks after receipt of order and completion of project within 90 days Thank you again for this opportunity to share some of our strengths and why I believe that we can offer you the best equipment at the best value for your new play area. I hope that we are the partner you choose for your new playground at Sunset Court Park. Sincerely, Heather Haskins Architecreation, Inc. 2-5 PLATC09WPONENTS (1) Single Bay Swings w/ 2 Full Bucket Swing Seats (1) Spyroslide 56" deck w/Hangar Bracket (1) Single Poly Slide 40" deck (1) Double Swirl Poly Slide 48" Deck (1) Arch Bridge 42" long (1) Conical Climber 40" Deck (1) Cozy Climber w/Permalene Handhold (1) Loop Arch 48" Deck (1) Wiggle Ladder w/Permalene Handholds 48" (1) 2 Straight Horizontal Ladder (1) Chinning Bar (1) Deck To Deck Steps (2) (1) Playstructure Seat (1) Crab Bar (2) Handloop Assembly (4) Pipe Barrier (1) Hole Panel (1) Accessible Image Panel (Ground Level) (4) Kick Plate for 8" Rise (4) Square Tenderdeck (1) Square Deck Extension (2) Triangular Tenderdeck (1) Transfer Step (2) 132 Steel Posts (8) 124 Steel Posts (5) 116 Steel Posts (4) 100 Steel Posts (1) 92 Steel Post UNDS"PE srauc�urtesINc \ J 123537 CORKSCREW \ 116244 PIPE BARRIER \ 120902 HANDHOLD 72 LEG UFr / 145624 / 116249 CUSTOM Vd�. ASCENT \ / VERT. LADDER 84' ARCH EXTENSION BRIDGE W/BAR RIERS 72 � 120818 PLAYSTRUCTURE \ 116244 \ / 72 PIPE BARRIER 72 \ 2HANOHOLO PERM \ 1 DECE� 3K PANELS 1 )) 7 13PlUDE (32' RISE; 120713 POD CUMBER \ 40 32 32'HdGHi 120712 \ POD CUMBER 130390 ' 24 24'2071{1 143194 DOUBLE SWOOSH \ 84 GE POD CUMBER POLY SLIDE W/HANDRNLScLATrERBRlD 16'HEIGHT \ 16 O 120710 \ CUM / OPOD 8'HdGHT / 123393 40 QUOTE #33806A2 FIREPO`.E 32 \ 24 \ 16 8 111357 \ CHINNING BAR 120818 TRANSFER POINT / PLAYSTRUCTURE 1 \ 136905 SEAT CURVED TRANSFER \ 6�� CI DULE/ \ 139782 \ 2' STRAIGHT 5-12 PLAT C05W�1'ONEWTS (1) Single Bay Swings w/ 2 Belt Swing Seats (1) Spyroslide 72" deck (1) Double Swoosh Poly Slide 72" deck (1) Clatterbridge 84" long w/handrails (1) Corkscrew w/Permalene Handholds 72" deck (1) Vertical Ladder 72" Deck (1) Vertical Ascent 72" Deck (1) Firepole w/Permalene Handholds 40" deck (1) Deck Link (3 Steps) (1) Hand Hold/Leg Lift (1) Playstructure Seat (1) 84" Arch Bridge w/ Barriers (4) Disc Climbers (8", 16"0 2488 , 32") (1) Curved Transfer Module (Left) (2) Square Tenderdeck (1) Square Deck Extension (2) Triangular Tenderdeck (1) Permalene Handhold Set (2) Pipe Barrier (10) 148 Steel Posts (6) 116 Steel Posts LUDU` PE srauc�utesiNc QUOTE #33806AI 122033 BRA�CICET WJ�HJWMR 122914 111357 LOOP ARCH CHINNING BAR 120818 PLAYSTRUCTURE 123293 \ SEAT COZY a—� CLIMBER- 116244J6 116244 \ PIPE BARRIER PIPE BARRIER ' 139782 2' STRAIGHT HORIZ. LADDER 40 N 114665 42' ARCH BRIDGE jr 116244 m m 116244 (2) 111275 PIPE �43 ER m m PIPE BARRIER HANDLOOP IMAGE LE PAN m m m HOLE PANEL ASSEMBLY 8 16 40 �o GRADE 143199 H PANELm (BELOW DECK) 130798 TRANSFER 284 CONICAL DOUBLE SWIRL STEP WIGGLE AADDER CUMBER POLY SUDE 120901 115375- GRAB BAR DECK TO (DECK / STEP RISE; / 1 \ 123337 SINGLE (- - - -\ POLY SLIDE '-5" 0 40'-7" QUOTE #33806A2 r QUOTE #33806A1 QUOTE #33806A2 TOTAL ELEVATED PLAY COMPONENTS 9 101Al ELEVATED PUCE COMPONENTS 9 TOTAL MATED COMPONENTS 40CMSKE BT PAMP 0 0 TOTAL ELEVATED COMPONENTS ACCESSBIE OY RAMP 0 � 0 TOTAL ELEVATED COMPONENTS ACCESSIBLE 6t TPANSFER 9 REWRED S TOTAL ELEVATED COMPONENTS ACCESSIBLE BT TRRNWER 9 A M= S TOTAL ACCESSIBLE GROUND LEVEL COMPONENTS 9 MTE b REMIRF71 3 TOTAL ACCEM.E GROUND LEVEL COMPONENTS % MN 4 SEOMBED 3 TOTAL DIFFU04 TYPES OF GROUND LEVEL COMPONENTS 4 �p M 3 TOTAL dFFERENT TYPES OF GROUND LEVEL COMPONENTS 3 AM= 3 fE #33806A1 -5" SCALE N FEET: 'nvu SUNSET COURT ARCHITECREATION PL►YBoosraR PARK INC DR40M k 0' S' 10' 20' RBNTON. WA HEATHER HASKINS 3380 R.M..., WOF YE wnR nw n. KA xs FO W wart r mraoas ON x w mom MR two sn. me 1.e.a1 4sM nn rwo mu.eIn PW am OW aao m .s1 t-u tlVw f ■ x MOIAO6O O11w 10 M no /1N = OwIOO 10 x uA rassnr oimleq, Os to on 100m IdVM S ow w om �p0�0001�7rwe Ide10 OR�KA� VIM >O< .O allow 1OgOK 0.10. K AL so .ri 1� on alow A PROEM SIMO 1111.1 av me A O11a1 NOW %a" OF � mmm IN . DESNiNED ITT, am cram 1-4-0 uK.aft Smumm W- ow h.*— a.rr / wr. tA 1nu .immwo -P&gym @Lft�v >aS�`0N N°M Lin( n r Aberdeen Av( 71, Cama 3yton D Index / Jefferson f Kirkla W (D r O 7 VI u, Ort O 0 S D 3• to rt O D Z CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works For Agenda of: August 23, 2004 Dept/Div/Board.. Development Services Division Agenda Status Staff Contact...... Arneta Henninger X7298 Consent..............X Public Hearing.. Subject: HONEY BROOKE DIV. III FINAL PLAT Correspondence.. Ordinance ............. File NO.: LUA 04-067FP (Preliminary Plat LUA 02- Resolution ............ X 068) Old Business........ New Business....... Exhibits: 1. Resolution and legal description Study Sessions...... 2. Staff report and Recommendation Aug. 13, 2004 Information......... Recommended Action: Council concur Approvals: Legal Dept ......... X Finance Dept...... Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project., SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action.. This final plat subdivides 4.42 acres into 22 single family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Honey Brooke Div. III Final Plat, LUA 04-067FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. CA\Documents and Settings\mpetersen\Local Settings\Temp\AGNBHONEYBROOKIII.doc/ HUU-1d—ZU6q lq•JJ warren harper 6, ronties r-. vJJibb CITY OF RENTON, WASI-IINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (HONEY BROOKE DIV. III; FILE NO. LUA- 04-067FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION 11. The final plat approved by the Planning/Building/Public Works Department pertaining to the following descnbed real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 "UU 10 C-t-)C `1 I"- I I - VCI - I VI I I.CJ I • C "/ UO RESOLUTION NO. (The Rroperty, consisting of approximately 4.42 acres, is located in the vicinity of NB 5 St., Ilwaco Ave. NE, NE 5t PL and Jericho Ave. NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated August 13, 2004. PASSED BY THE CITY COUNCIL this APPROVED BY T RF MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1066:8/18/04:ma day of , 2004. Bonnie I. Walton, City Clerk day of 2004. Kathy Keolker-Wheeler, Mayor PUG-18-20U4 14:_�4 warren baroer & rontes r-UD/Ub CORE DESIGN, INC. BELLEVUE WA 98007 EXHIBIT "A" Legal Description PARCELI: Core Project No: 02009 6/ 1 /04 PARCEL A AND B OF LOT LINE ADJUSTMENT 20040304900004, ACCORDING TO THE LOT LINE ADJUSTMENT THEREOF RECORDED MARCH 4, 2004 UNDER KING COUNTY RECORDING NO.20040304900004. EXCEPT ANY PORTION CONVEYED UNDER RECORDING NO.20040S24000S85, 20040524000586 AND 20040524000587. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON KING COUNTY SHORT PLAT NO.776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO. 7904120866. PARCEL 2: LOT 3 OF KING COUNTY SHORT PLAT NO.776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APR_tL 12, 1979 UNDER KING COUNTY RECORDING NO. 7904120866. EXCEPT ANY PORTION CONVEYED UNDER RECORDING NO. 20040524000587. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO.7904120966. PARCEL 3: TIE EAST 150 FEET OF THE WEST 480 FEET OF THE NORTH 330 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSF11P 23 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON; TOGETHER WITH ADDITIONAL APPURTENANT REAL PROPERTY, WHICH ATTACHED THERETO BY OPERATION OF LAW AS A RESULT OF DECREE OF COURT QUIETING TITLE IN KING COUNTY SUPERIOR COURT CAUSE NO.90-2-0038-9 ENTERED MARCH 19,1992 AND THE CONTENTS OF SAID DECREE ARE EXPRESSLY INCORPORATED HEREIN BY THIS REFERENCE TO DESCRIBE SAID ADDITIONAL PARCEL. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE NORTH 360 FEET OF THE WEST 480 FEET OF SAID SUBDIVISION; EXCEPT TFIE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR THE ROAD UNDER RECORDING NO. 3042808. 020091,07 HUU-1ti-000q 14- D4 Wdr-r en octrucr' a rurrurz, r .vo/eJO 1-[0NFY BROOK D/V. 3 ■ 19CIN/TY MAP ' NOT ID SCALE �_ \ roll oNFi9M1 rMa, Ar4 .Cw .issxs.�ur; ra.+ts �.to�s l /DESIGN ENGINEERING' • PJANN(NG • SURVEYING JdB TJO. d2009 TOTAL P.OG DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: C. Thomas Foster Honey Brooke Div. III Final Plat (Preliminary Plat LUA 02-068PP) File: LUA 04-06717P LOCATION: NE 5th St, Ilwaco Ave NE, NE 5th PI, Jericho Ave NE Section 10, Twp. 23 N. Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 22 single family residential lots with sewer, storm, streets and lighting. RECOMMENDATION: Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, C. Thomas Foster, filed a request for approval of a 22 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non -Significance -Mitigated on July 2, 2002, for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at NE 5th St, Ilwaco Ave NE, NE 5th Pl, Jericho Ave NE. The new plat is located in Section 10, Twp. 23 N. Rng. 5 E. 6. The subject site is a 4.42 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on November 4, 2002. 8. The property is located within the R-8 zoning designation (single family - 8 dwelling units/acre). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1. The applicant shall be required to adhere to the recommendations contained within the Geotechnical Evaluation Report prepared by GeoSpectrum Consultants, Inc., dated January 11, 2002, with regard to site preparation, grading, structural fill and foundations. This measure will be met by the completion of construction of the approved engineering. 2. The applicant shall install a silt fence along the down slope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in of the 1998 King County Surface Water Design Manual. This condition will be required during the construction of both off -site and on -site improvements as well as building construction. This measure has been met by action taken by the developer and the completion of construction of the approved engineering plans. 3. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in the 1998 King County Surface Water Drainage Manual. Temporary pipe systems can also be used to convey storm water across the site. This will be required during the construction of both off -site and on -site improvements as well as building construction. This measure is being met by action taken by the developer and by the completion of construction of the approved engineering plans. 4. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off -site and on -site improvements as well as building construction. This measure is being met by action taken by the developer. 5. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the Public Works Inspector for the construction of the civil improvements of the plat. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. This measure will be met by action of the developer. 6. The applicant shall comply with the recommendations contained within the Wetland Assessment and Delineation Report was prepared by Shaw Environmental Inc., dated May 2002 and approved supplements. This measure is being met by action taken by the developer and by the completion of construction of the approved engineering plans. 7. The applicant shall provide an acceptable compensation on -site for impacts to the off -site wetland (Wetland B). Acceptable mitigation would include the appropriate buffer requirement and restoration, creation, or combined enhancement to Wetland A to offset any impacts of development to Wetland B. The satisfaction of this requirement is subject to the review and HONEYBROOKEIIIFP.DOC/ approval of the Development Services Project Manager prior to issuance of construction permits. This measure is being met by action taken by the developer and by the completion of construction of the approved engineering plans. 8. The applicant shall be required to install silt fencing with brightly colored construction flags to indicate the boundaries of the wetland area and buffer prior to the issuance of construction permits. Silt fencing has been installed. 9. The applicant shall be required to install a split -rail fence or other approved barrier along the entire edge of the wetland buffer to denote the critical area prior to recording of the final plat. This measure is being met by action taken by the developer and by the completion of construction of the approved engineering plans. 10. The applicant shall be required to design the project according to the 1998 King County Surface Water Manual Level 2 Flow Control. The approved plans have been designed according to the 1998 King County Surface Water Manual Level 2 Flow Control. 11. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single family residential lot prior to the recording of the final plat These fees shall be paid prior to the recording of the final plat. 12. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. These fees shall be paid prior to the recording of the final plat. 13. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of $530.76 per each new single family home prior to the recording of the final plat. These fees shall be paid prior to the recording of the final plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The proposed private street shall provide access to Lots 19 through 22 via one driveway off of Ilwaco Avenue NE. The location of the single family residences' garages for Lots 19 through 22 shall be designed with an adequate turning area to provide direct access to the private street. This requirement shall be noted on the face of the final plat. This has been noted on the final plat. 2. The applicant shall obtain a demolition permit and complete all inspections and approvals for demolition of all outbuildings located on the property. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to the recording of the final plat. This condition shall be met by action take by the developer and the City of Renton. 3. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared HONEYBROOKEIIIFP.DOC/ improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. This condition shall be met by action take by the developer and the City of Renton, a note has been added to the final plat with space provided to reference the Recording No.'s. 4. The applicant shall comply with the conditions imposed by the ERC. The applicant has complied with the conditions imposed by the ERC. S. The applicant shall provide a turnaround acceptable to the Fire Department. This condition shall be met by the completion of construction of the site improvements according to the approved engineering plans. 6. Signs should be posted that prominently note that the stub roads or cul-de-sac will eventually create a roadway or roadways with through traffic. This condition shall be met by action taken by the developer and the completion of construction of the site improvements according to the approved engineering plans. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 13TH DAY OF AUGUST, 2004 DEVELOPMENT SERVICES DIVISIO HONEYBROOKE111FP.DOC/ CORE DESIGN, INC. BELLEVUE WA 98007 1 W101 4iiii'_fii Legal Description PARCELI: Core Project No: 02009 6/1 /04 PARCEL A AND B OF LOT LINE ADJUSTMENT 20040304900004, ACCORDING TO THE LOT LINE ADJUSTMENT THEREOF RECORDED MARCH 4, 2004 UNDER KING COUNTY RECORDING NO.20040304900004. EXCEPT ANY PORTION CONVEYED UNDER RECORDING NO.20040524000585, 20040524000586 AND 20040524000587. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON KING COUNTY SHORT PLAT NO.776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO. 7904120866. PARCEL 2: LOT 3 OF KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO. 7904120866. EXCEPT ANY PORTION CONVEYED UNDER RECORDING NO. 20040524000587. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON KING COUNTY SHORT PLAT NO.776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO. 7904120866. PARCEL 3: THE EAST 150 FEET OF THE WEST 480 FEET OF THE NORTH 330 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON; TOGETHER WITH ADDITIONAL APPURTENANT REAL PROPERTY, WHICH ATTACHED THERETO BY OPERATION OF LAW AS A RESULT OF DECREE OF COURT QUIETING TITLE IN KING COUNTY SUPERIOR COURT CAUSE NO.90-2-0038-9 ENTERED MARCH 19, 1992 AND THE CONTENTS OF SAID DECREE ARE EXPRESSLY INCORPORATED HEREIN BY THIS REFERENCE TO DESCRIBE SAID ADDITIONAL PARCEL. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE NORTH 360 FEET OF THE WEST 480 FEET OF SAID SUBDIVISION; EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR THE ROAD UNDER RECORDING NO.3042808. 02009L07 I o 1 ! 1 I 1 I 1 HONEY BROOK ! DIV. III i OVERALL PLAT PLAN —-------------- ----------------------- - -------------------- NE BTH STREET ! 22 21 ! 1 I i u.,Am I i 19 20 I 3 ------------------------� I 18 17 i 1 r--------------- ...� , I - ' e . HE STH PLACE r--------------- I 1 , 2 S � tt is ' 1 1 3 U i 3 10 t5 PARCEL C i CITY OF REN70N L07 LINE ADJUSTMENT LUA-03-123-LLA REM 4 i NO. 200403042ODD04 9 , 14 � 1 I Any 1 S 5 1 W 0 ,3 1 I �Zy 1 3 i ! 6 7 i p { O 12 iTRACT A �r 1 ' NE STH STREET I � I I !1 1 TRACT A I 1 m I VANDS0N0 WIN 2 ( U I VOL 199, PM J2-35 I Q REM NO. 20010412001318 ! HONEY'TnE 1 VOL 207, P0'S 88 2 -891 REC. NO. 2002073100310, I I HONEY BROOKS DIV. B VOL 10 I 1 I I I I I 1 S HONEY BROOK DI V. 3 5 a 3 i 1:0 1Y R E N T 0 N SIT NE 47H-ST. SE 12M S7 GRFfHpDIXi CEUE29r' 17 169 16 ' 1.5 14 CIIF-CfU�tSE MINI TY. MAP NOT TO SCALE 1471I-NF296Pk:i., #ICI _ D'e4e �e; Wesb 99t , 98007 .coe758F5,7877 Fax 415.843.7942 V / PIE $IGN. EMGI.N,EEB.:IiJG : PLANNING SURVLYl,N.:G CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Dept/Div/Board.. Finance & IS Department Staff Contact...... Victoria Runkle, FIS Administrator Subject: Water Sewer Bond Ordinance Exhibits: 1. Issue Memorandum 2. DRAFT Ordinance For Agenda of: August 23, 2004 Agenda Status Consent..x............ X Public Hearing.. Correspondence.. X Ord i n an ce. x............ Resolution ............ Old Business........ New Business....... X Study Sessions...... Information ......... Recommended Action: Approvals: Refer to Finance Committee Legal Dept......... September 13 2004 Finance Dept...... � Other ............... Fiscal Impact: Expenditure Required... $10,000,000 Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... $10,000,000 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: This ordinance will permit the Finance Department to sell $10,000,000 in new bonds for water, sewer, and storm water constructions projects. STAFF RECOMMENDATION: Recommend Council adoption of the Bond Ordinance. H:\FINANCE\ADMINSUP\2_AgendaBills\2004 Water Sewer Bond Ordinance.doc DRAFT 3/26/04 For Discussion Purposes Only �RgFT CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE relating to the waterworks utility of the City, including the sewerage system as a part thereof; providing for the issuance of $10,000,000 aggregate principal amount of Water and Sewer Revenue Bonds, 2004, of the City for the purpose of obtaining the funds with which to pay the costs of carrying out certain capital improvements of the waterworks utility; fixing the date, form, denominations, maturities, interest rates, terms and covenants of the bonds; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to D.A. Davidson & Co., Seattle, Washington. DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. TABLE OF CONTENTS Page No. Section1. Definitions......................................................................................................................3 Section 2. Findings Regarding Parity Provisions...........................................................................9 Section 3. Authorization and Description of Bonds.....................................................................10 Section 4. Registration of Bonds and Book -Entry System........................................................... I I Section5. Payment of Bonds........................................................................................................13 Section 6. Redemption; Open Market Purchase of Bonds............................................................13 Section 7. Notice of Redemption..................................................................................................15 Section 8. Failure to Redeem Bonds.............................................................................................16 Section9. Form of Bonds.............................................................................................................16 Section 10. Execution of Bonds....................................................................................................16 Section 11. Authentication and Delivery of Bonds by Bond Registrar........................................17 Section 12. Registration, Transfer and Exchange.........................................................................17 Section 13. Lost, Stolen or Destroyed Bonds...............................................................................19 Section 14. Creation of Fund........................................................................................................20 Section 15. Deposits into Funds...................................................................................................20 Section16. Flow of Funds............................................................................................................22 Section 17. Pledge of Revenue and Lien Position........................................................................23 Section 18. Findings Regarding Sufficiency of Revenue.............................................................23 Section19. Covenants...................................................................................................................24 Section 20. No Private Activity Bonds; Bank Qualification........................................................26 Section 21. Defeasance of the Bonds............................................................................................27 Section 22. Provision for Future Parity Bonds.............................................................................28 Section 24. Approval of Purchase Agreement..............................................................................30 1 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. Section 25. Bond Insurance..........................................................................................................31 Section 26. Delivery of Bonds; Temporary Bonds.......................................................................31 Section 27. Application of Bond Proceeds...................................................................................32 Section 28. Undertaking to Provide Continuing Disclosure.........................................................33 Section 29. Preliminary Official Statement Deemed Final...........................................................36 Section 30. Contract; Savings Clause............................................................................................36 Section 31. Effective Date of Ordinance......................................................................................38 11 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. AN ORDINANCE relating to the waterworks utility of the City, including the sewerage system as a part thereof, providing for the issuance of $10,000,000 aggregate principal amount of Water and Sewer Revenue Bonds, 2004, of the City for the purpose of obtaining the funds with which to pay the costs of carrying out certain capital improvements of the waterworks utility; fixing the date, form, denominations, maturities, interest rates, terms and covenants of the bonds; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to D.A. Davidson & Co., Seattle, Washington. WHEREAS, the City has heretofore created and operated a waterworks utility of the City, including the sewerage system of the City and within that system a system of storm and surface water sewers (defined herein as the "Waterworks Utility"); and WHEREAS, By Resolution No. , passed in , the City adopted its Waterworks Utility Capital Improvement Program [is this the correct name for the document which authorizes the capital improvements to be carried out with the bondproceeds?]; and WHEREAS, the City Council has determined that it is necessary and in the best interests of the City that certain improvements described in the Waterworks Utility Capital Improvement Program be made and there be adopted a system or plan of additions to and betterments and extensions of the Waterworks Utility; and WHEREAS, pursuant to Chapter 35.92 RCW, the City is authorized to issue and sell, without an election, revenue bonds of the City to make additions, betterments or extensions to the Waterworks Utility; and WHEREAS, by Section XXIII of Ordinance No. 4709, the City also provided that it may issue additional water and sewer revenue bonds which will constitute a charge and lien upon the revenue of the Waterworks Utility of the City on a parity with the 1998 Bonds and any bonds DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. issued thereafter if such additional bonds are issued in compliance with the conditions set forth therein; and WHEREAS, by Ordinance No. 4976, the City issued the 2002 Bonds on a parity of lien with the 1998 Bonds; and WHEREAS, by Ordinance No. 5019, as amended by Ordinance No. 5020, the City issued the 2003 Bonds on a parity of lien with the 1998 Bonds and the 2002 Bonds; and WHEREAS, the City Council has determined that it is in the best interests of the City to issue and sell $10,000,000 of Water and Sewer Revenue Bonds, 2004 on a parity of lien with the outstanding Parity Bonds to provide part of the funds necessary to carry out the system or plan for additions to and betterments and extensions of the Waterworks Utility and to pay the costs of issuance and sale of the Bonds; and WHEREAS, has made a commitment to issue an insurance policy insuring the payment when due of the principal of and interest on the Bonds as provided therein, and the City Council deems that the purchase of such policy is in the best interest of the City; and WHEREAS, D.A. Davidson & Co., Seattle, Washington, has offered to purchase the Bonds under the terms and conditions hereinafter set forth; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN as follows: 2 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. Section 1. Definitions. As used in this ordinance, the following words shall have the following meanings: "Alternate Security" shall mean any bond insurance, collateral, security, letter of credit, guaranty, surety bond or similar credit enhancement device providing for or securing the payment of all or part of the principal of and interest on the Parity Bonds, issued by an institution that has been assigned a credit rating at the time of issuance of such Parity Bonds secured by such Alternate Security equal to or better than the highest then -existing rating for any of the Parity Bonds. "Annual Debt Service" for any year shall mean all the interest on plus all principal (except principal of Term Bonds due in any Term Bond Maturity Year) of Parity Bonds, plus all mandatory redemption and sinking fund installments, less all bond interest payable from the proceeds of any such bonds, which will mature or come due in that year. "Average Annual Debt Service" shall mean the sum of the Annual Debt Service for the remaining years to the last scheduled maturity of the applicable bond issue or issues divided by the number of those years. "Beneficial Owner" shall mean, with respect to any Bond, the Person named on the records of the Custodian as having the right, without a physical certificate evidencing such right, to transfer, to hypothecate and to receive the payment of the principal of, premium, if any, and interest on such Bond as the same becomes due and payable. "Bond Fund" shall mean that special fund of the City known as the 2004 Waterworks Revenue Bond Fund created by this ordinance for the payment of the principal of and interest on the Bonds. 3 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. "Bond Insurer" shall mean "Bond Insurance Policy" shall mean the municipal bond insurance policy issued by the Bond Insurer insuring the payment when due of the principal of and interest on the Bonds as provided herein. "Bond Register" shall mean the registration books on which are maintained the names and addresses of the Owners of the Bonds. "Bond Registrar" shall mean the fiscal agencies of the State in Seattle, Washington, and New York, New York, as the same shall be designated from time to time. "Bonds" shall mean the $10,000,000 City of Renton Water and Sewer Revenue Bonds, 2004, authorized to be issued by this ordinance. "Book -Entry Termination Date" shall mean the fifth business day following the date of receipt by the Bond Registrar of the City's request to terminate the book -entry system of registering the beneficial ownership of the Bonds. "City" shall mean the City of Renton, Washington, a duly organized and legally existing noncharter code city under the laws of the State. "City Finance Director" shall mean the City's Finance and Information Services Administrator or the successor to such officer. "Closing" shall mean the date of the delivery of the Bonds by the City to the Purchaser and the payment therefor by the Purchaser. "Code" shall mean the Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. Ll DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. "Coverage Requirement" shall mean in any calendar year 1.25 times the Maximum Annual Debt Service. "Custodian" shall mean (a) The Depository Trust Company, New York, New York, or (b) any successor thereto engaged by the City to operate a book -entry system for recording, through electronic or manual means, the beneficial ownership of the Bonds, in which system no physical certificates are issued to the Beneficial Owners of the Bonds, but in which a limited number of physical certificates are issued to and registered in the name of the Custodian or its nominee, and delivered to the Custodian; provided, that such book -entry system operated by the Custodian may include the use of subsystems of recording the beneficial ownership of Bonds which are operated by parties other than the Custodian and the use of a nominee for the Custodian; and the term "Custodian," as used herein, includes any party operating any such subsystem. "Future Parity Bonds" shall mean all water and sewer revenue bonds of the City issued after the date of the issuance of the Bonds and having a lien and charge on Net Revenue on a parity with the lien and charge on Net Revenue for the payment of the principal of and interest on the Bonds. "Gross Revenue" shall mean Revenue of the Waterworks Utility. "Letter of Representations" shall mean the Blanket Issuer Letter of Representations from the City and the Bond Registrar to the Custodian dated April 15, 1997, pertaining to the payment of the Bonds and the "book -entry" system for evidencing the beneficial ownership of the Bonds prior to the Book -Entry Termination Date (as it may be amended from time to time). 5 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. "Maintenance and Operation Expense" shall mean all reasonable expenses incurred by the City in causing the Waterworks Utility to be operated and maintained in good repair, working order and condition, including payments made to any other municipal corporation or private entity for water service and for sewage treatment and disposal service or other utility service in the event the City combines such service in the Waterworks Utility and enters into a contract for such service, and including pro-rata budget charges for the City's administration expenses where those represent a reasonable distribution and share of actual costs, but not including any depreciation or taxes levied or imposed by the City or payments to the City in lieu of taxes, or capital additions or capital replacements to the Waterworks Utility. "Maximum Annual Debt Service" shall mean, at the time of calculation, the maximum amount of Annual Debt Service that will mature or come due in the current calendar year or any future calendar year on the outstanding Parity Bonds. m "MSRB" shall mean the Municipal Securities Rulemaking Board. "Net Revenue" shall mean Gross Revenue less Maintenance and Operation Expense. "1998 Bonds" shall mean the outstanding Water and Sewer Revenue Refunding Bonds, "NRMSIR" shall mean a nationally recognized municipal securities information repository designated by the SEC. "Owner" shall mean the person named as the registered owner of a Bond on the Bond Register. "Parity Bonds" shall mean the 1998 Bonds, the 2002 Bonds, the 2003 Bonds, the Bonds and any Future Parity Bonds. G'! DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. "Parity Bond Fund" shall mean any fund created for the payment and redemption of Parity Bonds. "Professional Utility Consultant" shall mean an independent licensed professional engineer, certified public accountant or other independent person or firm selected by the City having a favorable reputation for skill and experience with municipal utilities of comparable size and character to the Waterworks Utility in such areas as are relevant to the purposes for which such consultant is retained. "Project" shall mean the following project to be financed, in whole or in part, with proceeds of the Bonds: (1) the undertaking of the additions, betterments or extensions to the Waterworks Utility described in the Waterworks Utility Capital Improvement Program, including, but not limited to, the capital improvements described in Exhibit A to this ordinance, (2) making a deposit to the Reserve Account, and (3) paying the incidental costs and costs of issuing the Bonds. "Project Fund" shall mean the Waterworks Utility Construction Fund. "Purchase Agreement" shall mean the Bond Purchase Agreement for the Bonds, dated 2004, by and between the City and the Purchaser. "Purchaser" shall mean D.A. Davidson & Co., Seattle, Washington. "Rate Stabilization Fund" shall mean the fund of that name created for the purposes described in Ordinance No. 4709. "Reserve Fund" shall mean that special fund of the City known as the Waterworks Revenue Bond Reserve Fund created by Ordinance No. 4709 for purpose of securing the payment of the principal of and interest on all bonds to which Net Revenue is pledged. 7 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. "Reserve Insurance" shall mean, in lieu of cash and investments, insurance obtained by the City equal to part or all of the Reserve Requirement for any Parity Bonds then outstanding for which such insurance is obtained, issued by an institution that has been assigned a credit rating equal to or better than the highest then -existing rating for any of the Parity Bonds. "Reserve Requirement" shall mean the Maximum Annual Debt Service. "Revenue of the Waterworks Utility" shall mean all of the earnings and revenues received by the City from the maintenance and operation of the Waterworks Utility and all earnings from the investment of money in the Reserve Fund or any Parity Bond Fund, and connection and capital improvement charges collected for the purpose of defraying the cost of capital facilities of the Waterworks Utility, except government grants, proceeds from the sale of Waterworks Utility property (other than timber), City taxes collected by or through the Waterworks Utility, principal proceeds of bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund created to defease or refund Waterworks Utility obligations (until commingled with other earnings and revenues of the Waterworks Utility) or held in a special account for the purpose of paying a rebate to the United States Government under the Code. "Rule" shall mean SEC Rule 15c2-12. "SEC" shall mean the United States Securities and Exchange Commission. "SID" shall mean a state information depository. "State" shall mean the State of Washington. "Term Bonds" shall mean any Parity Bonds identified as such in the ordinance authorizing the issuance thereof, the payment of which is provided for by a requirement for DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. mandatory deposits of money into the principal and interest account of the bond redemption fund created for the payment of such issue of bonds in accordance with a mandatory sinking fund requirement. "Term Bond Maturity Year" shall mean any calendar year in which Term Bonds are scheduled to mature. 2003. "2002 Bonds" shall mean the outstanding Water and Sewer Revenue Bonds, 2002. "2003 Bonds" shall mean the outstanding Water and Sewer Revenue Refunding Bonds, "Waterworks Utility" shall mean the combined water and sewerage systems, including the storm and surface water sewers, of the City as the same may be added to, improved and extended for as long as any of the Parity Bonds are outstanding. "Waterworks Utility Fund" shall mean that special fund of the City into which all Gross Revenue (except for earnings in any special fund for the redemption of revenue obligations of the Waterworks Utility) shall be deposited. Section 2. Findings Re ar�din Parity Provisions The City Council finds that there is no deficiency in any Parity Bond Fund, that provisions hereinafter meet the conditions for the issuance of Future Parity Bonds as set forth in Ordinance Nos. 4709, 4976 and 5019 and that there will be on file prior to the issuance and delivery of the Bonds a certificate of the City Finance Director [a Professional Utility Consultant] that satisfies the conditions for such certificate as set forth in Ordinance Nos. 4709, 4976 and 5019. Therefore, the Bonds shall be issued on a parity of lien with the Parity Bonds. 0 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. Section 3. Authorization and Description of Bonds. For the purpose of obtaining part of the funds necessary to carry out the Project, the City shall issue the Bonds in the aggregate principal amount of $10,000,000. The Bonds shall be designated "City of Renton, Washington Water and Sewer Revenue Bonds, 2004;" shall be dated April 15, 2004; shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity; shall be numbered separately, in the manner and with any additional designation as the Bond Registrar deems necessary for purpose of identification; shall bear interest (computed on the basis of a 360-day year of twelve 30-day months), payable semiannually on each June 1 and December 1, commencing December 1, 2004, to the maturity or prior redemption of the Bonds; and shall mature on December 1 in the years and amounts and bear interest at the rates per annum as follows: Maturity Years (December 1) 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2019* 2024* *Term Bonds Amounts $370,000 375,000 385,000 395,000 400,000 410,000 425,000 440,000 450,000 465,000 2,635,000 3,280,000 Interest Rates I DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. If any Bond is duly presented for payment upon maturity and is not paid, then interest thereon shall continue to accrue thereafter at the rate stated therein until such Bond is paid. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-105. Section 4. Registration of Bonds and Book -Entry System. The Bonds shall be issued only in registered form as to both principal and interest and recorded on the Bond Register. The Bond Register shall contain the name and mailing address of the Owner of each Bond and the principal amount and number of each of the Bonds held by each Owner. On the date of issue of the Bonds, all Bonds maturing in the same maturity year shall be issued in the form of a single certificate, which certificate shall be registered in the name of the Custodian or its nominee, and delivered to the Custodian. The Custodian shall hold each such Bond certificate in fully immobilized form for the benefit of the Beneficial Owners pursuant to the Letter of Representations until the earliest to occur of either (1) the date of maturity of the Bonds evidenced by such certificate, at which time the Custodian shall surrender such certificate to the Bond Registrar for payment of the principal of and interest on such Bonds coming due on such date, and the cancellation thereof; (2) the Book -Entry Termination Date; or (3) the date the City determines to utilize a new Custodian for the Bonds, at which time the old Custodian shall (provided the City is not then in default of any payment then due on the outstanding Bonds) surrender the immobilized certificates to the Bond Registrar for transfer to the new Custodian and cancellation as herein provided. For so long as any outstanding Bonds are registered in the name of the Custodian or its nominee and held by the Custodian in fully immobilized form as described in this Section 4, the rights of the Beneficial Owners shall be evidenced solely by an electronic and/or manual entry 11 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. made from time to time on the records established and maintained by the Custodian in accordance with the Letter of Representations, and no certificates evidencing such Bonds shall be issued and registered in the name of any Beneficial Owner or such Beneficial Owner's nominee. The City may terminate the "book -entry" system of registering ownership of the Bonds at any time (provided the City is not then in default of any payment then due on the outstanding Bonds) by delivering to the Bond Registrar: (a) a written request that it issue and deliver Bond certificates to each Beneficial Owner or such Beneficial Owner's nominee on the Book -Entry Termination Date; (b) a list identifying the Beneficial Owners as to both name and address; and (c) a supply of Bond certificates, if necessary for such purpose. Upon surrender to the Bond Registrar of the immobilized certificates evidencing all of the then outstanding Bonds, the Bond Registrar shall issue and deliver new certificates to each Beneficial Owner or such Beneficial Owner's duly appointed agent, naming such Beneficial Owner or such Beneficial Owner's nominee as the Owner thereof. Such certificates may be in any integral multiple of $5,000 within a single maturity. Following such issuance, the Owners of such Bonds may transfer and exchange such Bonds in accordance with Section 12 hereof. Neither the City nor the Bond Registrar shall have at any time any responsibility or liability to any Beneficial Owner of Bonds or to any other person for any error, omission, action or failure to act on the part of the Custodian with respect to payment, when due, to the Beneficial Owner of the principal and interest on the Bonds, proper recording of beneficial ownership of Bonds, proper transfers of such beneficial ownership, or any notices to Beneficial Owners or any other matter pertaining to the Bonds. 12 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. Section 5. Payment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Prior to the Book -Entry Termination Date, the principal of and interest on the Bonds shall be paid by the Bond Registrar to the Custodian as the Owner thereof, for the benefit of the Beneficial Owners thereof, in accordance with the Letter of Representations. From and after the Book -Entry Termination Date, interest on the Bonds shall be paid by check or draft mailed on or before the interest payment date, to the persons identified as the Owners on the fifteenth day of the month preceding the interest payment date at the addresses shown for the Owners on the Bond Register, or, if requested in writing by an Owner of $100,000 or more in principal amount of Bonds at least ten days before an interest payment date, by wire transfer on the interest payment date to an account within the United States. From and after the Book -Entry Termination Date, principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the Owners at the principal corporate trust office of the Bond Registrar. The Bonds shall be payable solely out of the Bond Fund and the Reserve Fund and shall be a valid claim of the Owners thereof only as against the Bond Fund, Reserve Fund and the amount of Net Revenue pledged to those funds and shall not be general obligations of the City. Section 6. Redemption; Open Market Purchase of Bonds. The Bonds maturing on December 1 in the years 2019 and 2024 are term bonds (the "Term Bonds") and, if not previously purchased by the City in the open market or optionally redeemed as set forth below, are subject to mandatory sinking fund redemption prior to maturity, in part and by lot (in such manner as the Registrar shall determine), at par plus accrued interest to the redemption date on 13 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. December 1 in the following years and in the following mandatory sinking fund redemption amounts: Term Bonds Due December 1, 2019 Term Bonds Due December 1, 2024 Mandatory Sinking Fund Mandatory Sinking Fund Redemption Dates Redemption Redemption Dates Redemption (December 1) Amount (December 1) Amount 2015 $ 2016 2017 2018 2019* *Scheduled maturity 2020 $ 2021 2022 2023 2024* The Bonds maturing on December 1 in the years 2005 through 2014, inclusive, shall not be subject to redemption prior to maturity. The Bonds maturing on or after December 1, 2015 shall be subject to optional redemption prior to maturity beginning on December 1, 2014, in whole or in part at any time (maturities to be selected by the City and by lot within a maturity in such manner as the Bond Registrar shall determine), at par plus accrued interest to the date of redemption. If the City shall optionally redeem Term Bonds or purchase Term Bonds in the open market, the par amount of the Term Bonds so redeemed or purchased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for such Term Bonds (as allocated by the City) beginning not earlier than 60 days after the date of the optional redemption or purchase, and the City shall promptly notify the Registrar in writing of the manner in which the credit for the Term Bonds so redeemed or purchased has been allocated. 14 DRAFT 3/26/04 For Discussion Purposes On1X ORDINANCE NO. Any Bond in the principal amount of greater than $5,000 may be partially redeemed in any integral multiple of $5,000. Prior to the Book -Entry Termination Date, the Bonds shall be partially redeemed in accordance with the Letter of Representations. From and after the Book - Entry Termination Date, in the event of a partial redemption of a Bond, upon surrender of such Bond at the principal corporate trust office of the Bond Registrar, a new Bond or Bonds (at the option of the Owner) of the same maturity and interest rate and in the aggregate principal amount remaining unredeemed shall be authenticated and delivered to the Owner, without charge to the Owner therefor, in any denomination authorized by this ordinance and selected by the Owner. The City reserves the right to purchase any or all of the Bonds on the open market at any time and at any price. All Bonds purchased under this Section shall be canceled. Section 7. Notice of Redemption. Prior to the Book -Entry Termination Date, the Bond Registrar shall give, or cause to be given, notice of a call for redemption of any Bonds to the Custodian, as the Owner thereof, for the benefit of the Beneficial Owners thereof, in accordance with the Letter of Representations. From and after the Book -Entry Termination Date, notice of any such intended redemption shall be given by or on behalf of the City not less than 30 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Owner of any Bond to be redeemed at the address appearing on the Bond Register on the day notice is mailed, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the Owner of any Bond. If such notice to the Owners shall have been given and the City shall have set aside, on the date fixed for redemption, sufficient money for the payment of all Bonds called for 15 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. redemption, the Bonds so called shall cease to accrue interest after such redemption date, and all such Bonds shall be deemed not to be outstanding under this ordinance for any purposes, except that the Owners thereof shall be entitled to receive payment of the redemption price and accrued interest to the redemption date from the money set aside for such purpose. In addition, the redemption notice shall be mailed within the same period, postage prepaid, to Standard & Poor's Ratings Services and Fitch IBCA at their offices in New York, New York, or their successors, to the Purchaser at its principal office in Seattle, Washington, or its successor, to each NRMSIR and to the Bond Insurer or their respective successors, and to such other persons and with such additional information as the City Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. Section 8. Failure to Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or redemption date, the City shall be obligated to pay interest on such Bond at the same rate provided in the Bond from and after its maturity or redemption date until such Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund, and the Bond has been called for redemption by giving notice of that redemption to the Owner of each of such unpaid Bonds. Section 9. Form of Bonds. The Bonds shall be typewritten, word processed, printed, lithographed or multicopied on good bond paper in a form consistent with this ordinance and Washington law. Section 10. Execution of Bonds. The Bonds shall be executed on behalf of the City by the facsimile or manual signatures of the Mayor and the City Clerk and shall have the seal of the City impressed or a facsimile thereof imprinted thereon. �61 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. In the event any officer who shall have signed or whose facsimile signatures appear on any of the Bonds shall cease to be such officer of the City before said Bonds shall have been authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issuance, shall be as binding upon the City as though said person had not ceased to be such officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the actual date of execution of such Bond shall be the proper officer of the City, although at the original date of such Bond such persons were not such officers of the City. Section 11. Authentication and Delivery of Bonds by Bond Registrar. The Bond Registrar is authorized and directed, on behalf of the City, to authenticate and deliver Bonds initially issued or transferred or exchanged in accordance with the provisions of such Bonds and this ordinance. Only such Bonds as shall bear thereon a "Certificate of Authentication" manually executed by an authorized representative of the Bond Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Bonds. Section 12. Registration, Transfer and Exchange. The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office, the Bond Register. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in 17 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 3755 establishing a system of registration for the City's bonds and obligations. The City and the Bond Registrar, in its discretion, may deem and treat the Owner of each Bond as the absolute owner thereof for all purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 5 hereof, but such registration may be transferred as herein provided. All such payments made as described in Section 5 hereof shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. The registered ownership of the Bonds may be transferred. Prior to the Book -Entry Termination Date, the beneficial ownership of the Bonds may only be transferred on the records established and maintained by the Custodian. On and after the Book -Entry Termination Date, transfer of any Bond shall be valid only if it is surrendered at the principal corporate trust office of either Bond Registrar, with the assignment form appearing on such Bond duly executed by, or accompanied by a written instrument of transfer in form satisfactory to such Bond Registrar duly executed by, the Owner or such Owner's duly authorized agent, in a manner satisfactory to such Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Owner or transferee therefor (other than any governmental fees or taxes payable on account of such transfer), a new Bond or Bonds (at the option of the new Owner), naming as Owner the person or persons listed as the assignee on the �•� DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. assignment form appearing on the surrendered Bond, of the same maturity and interest rate, for the same aggregate principal amount, and in any authorized denomination selected by the new Owners, in exchange for such surrendered and cancelled Bond. On and after the Book -Entry Termination Date, any Bond may be surrendered at the principal corporate trust office of the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same maturity and interest rate, in any authorized denomination as selected by the Owner. The Bond Registrar shall not be obligated to transfer or exchange any Bond during the fifteen days preceding any principal or interest payment date. The Bond Registrar may become the Owner of any Bond with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of the Owners of the Bonds. The City covenants that, until all Bonds shall have been surrendered and cancelled, it shall maintain a system of recording the ownership of each Bond that complies with the provisions of the Code. Section 13. Lost, Stolen or Destroyed Bonds. If any Bond becomes mutilated, lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond of the same interest rate and maturity and of like tenor and effect in substitution therefor, all in accordance with applicable law. If such mutilated, lost, stolen or destroyed Bond has matured, the City may, at its option, pay the same without the surrender thereof. However, no such substitution or payment shall be made unless and until the applicant shall furnish (a) evidence satisfactory to the 19 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. Bond Registrar of the destruction or loss of the original Bond and of the ownership thereof, and (b) such additional security, indemnity or evidence as may be required by or on behalf of the City. No substitute Bond shall be furnished unless the applicant shall reimburse the City and the Bond Registrar for their respective expenses in the furnishing thereof. Any such substitute Bond so furnished shall be equally and proportionately entitled to the security of this ordinance with all other Bonds issued hereunder. Section 14. Creation of Fund. There is hereby created in the City Treasury the 2004 Waterworks Revenue Bond Fund (the "Bond Fund"). Section 15. Deposits into Funds. So long as Bonds are outstanding against the Bond Fund, the City shall: (a) Set aside and pay into the Bond Fund out of Net Revenue a fixed amount, without regard to any fixed proportion, namely, one day before each interest or principal and interest payment date, an amount which, together with other money then on deposit therein, shall be sufficient to meet the debt service on the Bonds required on the next interest or principal and interest payment date; and (b) Set aside and pay into the Reserve Fund out of the Net Revenue, in three annual approximately equal deposits, any additional money necessary to bring the amount deposited in the Reserve Fund attributable to the Bonds up to the amount equal to the increase in the Reserve Requirement attributable to the Bonds. The Reserve Fund may be accumulated from any other money which the City may have available for that purpose in addition to or in lieu of using Net Revenue therefor. Except for withdrawals therefrom as authorized herein, the Reserve Fund shall be maintained at the Reserve Requirement at all times so long as any Parity Bonds are outstanding. When the total amount in the Bond Fund shall equal the total amount of principal and interest for all outstanding Bonds, no further payment need be made into the Bond Fund. Notwithstanding the first sentence of this paragraph, the Reserve Requirement may be decreased for any issue of 20 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. Parity Bonds when and to the extent the City has provided for an Alternate Security or Reserve Insurance. If there shall be a deficiency in the Bond Fund to meet maturing installments of either principal or interest, as the case may be, on the Bonds, that deficiency shall be made up from the Reserve Fund by the withdrawal of cash therefrom for that purpose and after all cash has been depleted, then by draws on the Alternate Security or Reserve Insurance for that purpose. Any deficiency created in the Reserve Fund by reason of any such withdrawal shall then be made up from Net Revenue first available after making necessary provisions for the required payments into the Bond Fund. Any money in the Reserve Fund in excess of the Reserve Requirement may be withdrawn and deposited in any Parity Bond Fund and spent for the purpose of retiring Parity Bonds or may be deposited in any other fund and spent for any other lawful Waterworks Utility purpose. The City may provide for the purchase, redemption or defeasance of Parity Bonds by the use of money on deposit in the Bond Fund or the Reserve Fund as long as the money remaining in those funds is sufficient to satisfy the required deposits in those funds for the remaining Parity Bonds. All money in the Bond Fund or Reserve Fund may be kept in cash or on deposit in the official bank depository of the City or in any national bank or may be invested in any legal investment for City funds. Interest on any of those investments or on that bank account shall be deposited in the Reserve Fund until the total Reserve Requirement shall have been accumulated therein, after which time the interest shall be deposited in any Parity Bond Fund. 21 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. Notwithstanding the provisions for the deposit or maintenance of earnings in the Bond Fund or the Reserve Fund, any earnings which are subject to a federal tax or rebate requirement may be withdrawn from the Bond Fund or the Reserve Fund for deposit into a separate fund or account for that purpose. If the City fails to set aside and pay into the Bond Fund or the Reserve Fund the amounts set forth above, the Owner of any of the outstanding Bonds may bring an action against the City to compel that setting aside and payment. Section 16. Flow of Funds. Funds in the Waterworks Utility Fund (other than in any bond redemption or federal rebate account) shall be used in the following order of priority: (a) To pay Maintenance and Operation Expense; (b) To pay the interest on the Parity Bonds; (c) To pay the principal of the Parity Bonds; (d) To make all payments required to be made into any sinking fund or bond redemption fund hereafter created for the payment of Future Parity Bonds which are Term Bonds; (e) To make all payments required to be made into the Reserve Fund; (f) To make all payments required to be made into any revenue bond redemption fund or warrant redemption fund and debt service account or reserve account created to pay and secure the payment of the principal of and interest on any revenue bonds or revenue warrants of the City having a lien upon Gross Revenue junior and inferior to the lien thereon for the payment of the principal of and interest on the Parity Bonds; and (g) To retire by optional redemption or purchase in the open market any outstanding revenue bonds or revenue warrants of the City, to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the Waterworks Utility, to make deposits into the Rate Stabilization Fund, or for any other lawful City purpose. 22 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. Section 17. Pledge of Revenue and Lien Position. The Net Revenue is pledged to the payment of the Parity Bonds, and the Parity Bonds shall constitute a lien and charge upon such Net Revenue prior and superior to any other charge whatsoever. Section 18. Findings Regarding Sufficiency of Revenue. In the judgment of the City Council, Gross Revenue and benefits to be derived from the operation and maintenance of the Waterworks Utility, at the rates to be charged for water, sanitary sewage disposal service and storm and surface water drainage service in the entire utility, will be more than sufficient to meet all Maintenance and Operation Expense (and cost of maintenance and operation of the Waterworks Utility as that term is used in RCW 35.92.100) and the debt service requirements of the outstanding Parity Bonds and to permit the setting aside in the Bond Fund and the Reserve Fund, out of the revenue of the entire utility, of amounts sufficient to pay the interest on the Bonds as that interest becomes payable and to pay and redeem all of the Bonds at maturity. The City Council further declares that in creating the Bond Fund and in fixing the amounts to be paid into the Bond Fund and the Reserve Fund, as aforesaid, it has exercised due regard for the Maintenance and Operation Expense (and costs of maintenance and operation as used in RCW 35.92.100) and the debt service requirements of the currently outstanding Parity Bonds, and the City has not bound and obligated itself to set aside and pay into the Bond Fund and the Reserve Fund, a greater amount or proportion of the revenue of that utility than in the judgment of the City Council will be available over and above Maintenance and Operation Expense (and such costs of maintenance and operation of the Waterworks Utility as that term is used in RCW 35.92.100) and debt service requirements of the currently outstanding Parity Bonds and that no 23 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. portion of the Gross Revenue has been previously pledged for any unrefunded indebtedness other than the payment of the currently outstanding Parity Bonds. Section 19. Covenants. The City covenants and agrees with the Owner of each Bond at any time outstanding as follows: (a) It will establish, maintain and collect rates and charges for all services and facilities provided by the Waterworks Utility which will be fair and nondiscriminatory, and will adjust those rates and charges from time to time so that: (1) Gross Revenue will at all times be sufficient to (A ) pay all Maintenance and Operation Expense on a current basis, (B) pay when due all amounts that the City is obligated to pay into the Reserve Fund and any Parity Bond Funds and (C) pay all taxes, assessments or other governmental charges lawfully imposed upon the Waterworks Utility or other revenue therefrom or payments in lieu thereof and any and all other amounts which the City may now or hereafter become obligated to pay from Gross Revenue by law or contract; and (2) Net Revenue in each calendar year will be at least equal to the Coverage Requirement. (b) It will at all times maintain and keep the Waterworks Utility in good repair, working order and condition and also will at all times operate such Utility and the business in connection therewith in an efficient manner and at a reasonable cost. (c) It will not sell or otherwise dispose of the Waterworks Utility in its entirety unless, simultaneously with such sale or other disposition, all Parity Bonds are defeased pursuant to the provisions of this ordinance. It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of any part of the Waterworks Utility (other than timber), including all additions and improvements thereto and extensions thereof at any time made, that are used, useful or material in the operation of the Waterworks Utility, unless provision is made for the replacement thereof or for payment into the Bond Fund of the greatest of the following: (1) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (defined as the total amount of those bonds less the amount of cash and investments in the Reserve Fund and any Parity Bond Funds) that Gross Revenue from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period; 24 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. (2) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the Net Revenue from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to the total Net Revenue for that period; or (3) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the depreciated cost value of the facilities sold or disposed of bears to the depreciated cost value of the entire Waterworks Utility immediately prior to such sale or disposition. Notwithstanding any other provision of this subsection, (1) the City in its discretion may sell or otherwise dispose of any of the works, plant, properties or facilities of the Waterworks Utility or any real or personal property comprising a part of the same which shall have become unserviceable, inadequate, obsolete or unfit to be used in the operation of the Waterworks Utility, or no longer necessary, material to or useful to the operation of the Waterworks Utility, without making any deposit into the Bond Fund, and (2) the City may transfer the Waterworks Utility to another municipal corporation so long as Net Revenue of the portion of the Waterworks Utility so transferred is used for payment of debt service on the Parity Bonds prior to any other purpose. In no event shall such proceeds be treated as Gross Revenue for purposes of this ordinance. (d) It will keep proper books, records and accounts with respect to the operations, income and expenditures of the Waterworks Utility in accordance with proper accounting procedures and any applicable rules and regulations prescribed by the State. It will prepare annual financial and operating statements within 270 days of the close of each fiscal year showing in reasonable detail the financial condition of the Waterworks Utility as of the close of the previous year, and the income and expenses for such year, including the amounts paid into the Bond Fund and Reserve Fund and into any and all special funds or accounts created pursuant to this ordinance, the status of all funds and accounts as of the end of such year, and the amounts expended for maintenance, renewals, replacements and capital additions to the Waterworks Utility. Such statements shall be sent to the Owner of any Parity Bonds upon written request therefor being made to the City. (e) Except to aid the poor or infirm, to provide for resource conservation or to provide for the proper handling of hazardous materials, it will not furnish or supply or permit the furnishing or supplying of any service or facility in connection with the operation of the Waterworks Utility free of charge to any person, firm or corporation, public or private, other than the City, so long as any Parity Bonds are outstanding. On at least an annual basis, it will determine all accounts that are delinquent and will take all necessary action to enforce payment of such accounts against those property owners whose accounts are delinquent. 25 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. (f) It at all times will carry fire and extended coverage and such other forms of insurance, including public liability and property damage insurance, with responsible insurers and with policies payable to or on behalf of the City and any additional insureds on such of the buildings, equipment, works, plants, facilities and properties of the Waterworks Utility, and against such claims for damages, as are ordinarily carried by municipal or privately owned utilities engaged in the operation of like systems, or will implement and maintain a self-insurance or an insurance pool program with reserves adequate, in the reasonable judgment of the City, to protect the Waterworks Utility and the Owners of the Parity Bonds against loss. (g) It will pay all Maintenance and Operation Expense and the debt service requirements for the outstanding Parity Bonds, and otherwise meet the obligations of the City as herein set forth. (h) It will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. It will, to the extent arbitrage rebate requirements of Section 148 of the Code are applicable to the Bonds, take all action necessary to comply (or to be treated as . having complied) with those requirements in connection with the Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. Section 20. No Private Activity Bonds; Bank Qualification. The City covenants that it will take no actions and will make no use of the proceeds of the Bonds or any other funds held under this ordinance which would cause any Bond to be treated as a "private activity bond" (as defined in Section 141(b) of the Code) subject to treatment under said Section 141(b) as an obligation not described in Section 103(a) of the Code, unless the tax exemption thereof is not affected. 26 DRAFT 3/26/04 For Discussion Purposes Only The City covenants that it will not issue more than $10,000,000 of "qualified tax-exempt obligations," as defined in Section 265 of the Code (relating to the deduction by financial institutions of a portion of the interest incurred to carry tax-exempt debt) during calendar year The City hereby designates the Bonds as "qualified tax-exempt obligations" for such purposes and authorizes and directs the proper City officials to execute and deliver all documents necessary to evidence such designation to any and all interested parties. Section 21. Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then -outstanding Bonds (hereinafter collectively called the "defeased Bonds") and to pay the costs of the refunding or defeasance. If money and/or direct obligations of the United States of America maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or decrease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust account"), then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance, in Gross Revenue and in funds and accounts obligated to the payment of the defeased Bonds, other than the right to receive the funds so set aside and pledged, shall cease and become void. right to receive payment of the principal of and interest on the defeased Bonds from the trust account and, if the funds in the trust account are not available for such payment, shall have the residual right to receive payment of the principal of and interest on the defeased Bonds from DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. Gross Revenue without any priority of lien or charge against such revenue or covenants with respect thereto except to be paid therefrom. After the establishing and full funding of the trust account, the City may then apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine, subject only to the rights, if any, of the owners of any other Parity Bonds then outstanding. If the refunding plan provides that the defeased Bonds or the refunding bonds to be issued be secured by cash and/or direct obligations of the United States of America or other legal investments pending the prior redemption of the defeased Bonds and if such refunding plan also provides that certain cash and/or direct obligations of the Untied States of America or other legal investments are pledged irrevocably for the prior redemption of the defeased Bonds included in that refunding plan, then only the debt service on the Bonds which are not defeased Bonds and the refunding bonds, the payment of which is not so secured by the refunding plan, shall be included in the computation of coverage for determining compliance with the rate covenants. Section 22. Provision for Future Parity Bonds. The City reserves the right to issue Future Parity Bonds if the following conditions are met and complied with at the time of issuance of those additional bonds: (a) There shall be no deficiency in any Parity Bond Fund. (b) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the payment of the principal thereof and interest thereon out of a Parity Bond Fund. (c) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds of (1) an amount equal to the increase in the Reserve Requirement attributable to those Parity Bonds or (2) Reserve Insurance or Alternate Security or an DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. amount plus Reserve Insurance or Alternate Security equal to the increase in the Reserve Requirement attributable to those Future Parity Bonds. For federal income tax purposes, at the discretion of the City, to the extent that the Reserve Requirement cannot be funded from Future Parity Bond proceeds, the City shall provide for deposit into the Reserve Fund other legally available money from Net Revenue or Reserve Insurance or Alternate Security within three years from the date of issuance of the Future Parity Bonds in three approximately equal annual payments. (d) The ordinance authorizing the issuance of such Future Parity Bonds shall provide for the payment of mandatory redemption or sinking fund requirements into the applicable Parity Bond Fund for any Term Bonds to be issued and for regular payments to be made for the payment of the principal of such Term Bonds on or before their maturity, or, as an alternative, the mandatory redemption of those Term Bonds prior to their maturity date from money in the applicable Parity Bond Fund. (e) There shall be on file with the City either: (1) a certificate of the City Finance Director demonstrating that during any 12 consecutive calendar months out of the immediately preceding 36 calendar months Net Revenue, without regard to deposits into or withdrawals from the Rate Stabilization Fund, is equal to at least the Coverage Requirement for all Parity Bonds plus the Future Parity Bonds proposed to be issued; or (2) a certificate of a Professional Utility Consultant that in such consultant's opinion Revenue for any 12 consecutive calendar months, without regard to deposits into or withdrawals from the Rate Stabilization Fund, shall be equal to the Coverage Requirement for each year thereafter. The certificate, in estimating Net Revenue available for debt services, may adjust Net Revenue to reflect: (A) Any changes in rates in effect and being charged or expressly committed by ordinance to be made in the future; (B) Income derived from customers of the Waterworks Utility who have become customers during the 12 consecutive month period or thereafter adjusted to reflect one year's Net Revenue from those customers; (C) Income from any customers to be connected to the Waterworks Utility who have paid the required connection charges; (D) The Professional Utility Consultant's estimate of the Net Revenue to be derived from customers anticipated to connect for whom building permits have been issued; M DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. (E) Income received or to be received which is derived from any person, firm corporation or municipal corporation under any executed contract for water, sewage disposal or other utility service, which revenue was not included in the historical Net Revenue; (F) The Professional Utility Consultant's estimate of the Net Revenue to be derived from customers with existing homes or buildings which will be required to connect to any additions to and improvements and extensions of the Waterworks Utility constructed and to be paid for out of the proceeds of the sale of the additional Future Parity Bonds or other additions to and improvements and extensions of the Waterworks Utility when such additions, improvements and extensions are not completed; and (G) Any increases or decrease in Net Revenue as a result of any actual or reasonably anticipated changes in Maintenance and Operation Expense subsequent to the 12-month period. If Future Parity Bonds proposed to be so issued are for the sole purpose of refunding outstanding bonds payable from any Parity Bond Fund, such certification of coverage shall not be required if the amount required for the payment of the principal and interest in each year for the refunding bonds is not increased more than $5,000 over the amount for that same year required for the bonds or the portion of that bond issue to be refunded thereby and if the maturities of such refunding bonds are not extended beyond the maturities of the bonds to be refunded thereby. Nothing contained herein shall prevent the City from issuing Future Parity Bonds to refund maturing Bonds or Future Parity Bonds then outstanding, money for the payment of which is not otherwise available. Nothing contained herein shall prevent the City from issuing revenue bonds that are a charge upon Gross Revenue subordinate to the payments required to be made therefrom into any Parity Bond Fund. Section 24. Approval of Purchase Agreement. The Purchaser has presented the Purchase Agreement to the City pursuant to which the Purchaser has offered to purchase the Bonds. The City Council finds that entering into the Purchase Agreement is in the best interests of the City, 30 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. and therefore accepts the offer contained in the Purchase Agreement and authorizes and directs the execution of the Purchase Agreement on behalf of the City by City officials, and delivery of the same to the Purchaser. The Bonds will be delivered to the Purchaser in accordance with the Purchase Agreement with a copy of the approving legal opinion of Gottlieb, Fisher & Andrews, PLLC, bond counsel, Seattle, Washington, relative to the issuance of the Bonds, attached to each Bond. Bond counsel has not been engaged to review or express any opinion concerning the completeness or accuracy of the official statement or other disclosure documentation used in connection with the offer or sale of the Bonds by any person, and bond counsel's opinion shall so state. Bond counsel has not been retained to monitor, and shall not be responsible for monitoring, the City's compliance with any federal law or regulations to maintain the tax-exempt status of the interest on the Bonds. Section 25. Bond Insurance. The City is authorized to purchase from the Bond Insurer the Bond Insurance Policy insuring the prompt payment of the principal of and interest on the Bonds and agrees to the conditions for obtaining that policy, including the payment of the premium therefor. The City Council authorizes and directs the execution of the commitment for the Bond Insurance Policy on behalf of the City by City officials, including, but not limited to the City Finance Director, and delivery of the same to the Bond Insurer. Section 26. Delivery of Bonds; Temporary Bonds. The proper City officials, including, but not limited to, the City Finance Director, are authorized and directed (a) to execute all documents necessary to complete the issuance and delivery of the Bonds to the Purchaser, including, but not limited to, the final official statement pertaining to the Bonds; and (b) to do everything necessary for (1) the preparation and delivery of a transcript of proceedings 31 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. pertaining to the Bonds, and (2) the preparation, execution and delivery of definitive Bonds to the Purchaser, each without unreasonable delay. If definitive Bonds are not ready for delivery by the date of Closing agreed to by the City and the Purchaser, the City, upon the approval of the Purchaser, may cause to be issued and delivered to the Purchaser one or more temporary Bonds with appropriate omissions, changes and additions. Any temporary Bonds shall be entitled and subject to the same benefits and provisions of this ordinance with respect to the payment, security and obligation thereof as definitive Bonds authorized hereby. Such temporary Bond or Bonds shall be exchangeable without cost to the Owner thereof for definitive Bonds when the latter are ready for delivery. Section 27. Application of Bond Proceeds. The accrued interest and the rounding amount, if any, received by the City at Closing shall be deposited into the Bond Fund and shall be applied to the payment of interest first coming due on the Bonds. The remaining proceeds of the sale of the Bonds, less the underwriter's discount and the bond insurance premium to be paid by the Purchaser on behalf of the City, plus the [net] original issue premium, in the amount of $ shall be deposited, upon receipt, to the Project Fund to pay part of the costs of the Project. Except as provided by the Code and Section 19(h) of this ordinance, the interest and profits derived from the investment of Bond proceeds shall be deposited in the Project Fund and applied as described in the preceding paragraph. Except as provided by the Code and Section 19(h) of this ordinance, if any money allocable to the Bond proceeds remains in the Project Fund after payment of all the costs of the 32 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. Project or after termination of the Project by the City, such money shall be transferred to the Bond Fund and applied to the payment of the principal of and interest on the Bonds. Pending application as described in this Section 27 and subject to the requirements of the Code and Section 19(h) of this ordinance, money allocable to the Bond proceeds in the Project Fund may be temporarily deposited in such institutions or invested in such investments as may be lawful for the investment of City funds. Section 28. Undertaking to Provide Continuing Disclosure. This section constitutes the City's written undertaking for the benefit of the Owners and Beneficial Owners of the Bonds required by subsection (b)(5)(i) of the Rule. The City hereby agrees to provide or cause to be provided to each then existing NRMSIR and to the SID, if one is created, the following annual financial information and operating data (collectively, the "Annual Financial Information") for each prior fiscal year, commencing with the calendar year ending December 31, 2004, on or before the last day of the seventh month following the end of such prior fiscal year: (a) Annual financial statements prepared in accordance with the generally accepted accounting principles applicable to governmental units, as such principles may be changed from time to time and as permitted by State law; which statements will not be audited, except that if and when audited financial statements are otherwise prepared and available to the City, they will be provided (the "Annual Financial Statements"); (b) A statement of authorized, issued and outstanding bonded debt secured by the Net Revenue; (c) Debt service coverage ratios; 33 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. (d) General customer statistics for the Waterworks Utility; and (e) A narrative explanation of the reasons for any amendments to this Section 28 made during the previous fiscal year and the impact of such amendments on the Annual Financial Information being provided. In its provision of such financial information and operating data, the City may cross- reference to any "final official statement" (as defined in the Rule) available from the MSRB or any other documents theretofore provided to each then existing NRMSIR or the SID, if one is created. If not submitted as part of the Annual Financial Information, then when and if available, the City shall provide its Annual Financial Statements, which shall have been audited by such auditor as shall be then required or permitted by the State law, to each then existing NRMSIR and to the SID, if one is created. The City further agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of any of the following events with respect to the Bonds, if material: Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of the Owners of the Bonds; 34 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. 8. Optional redemptions of the Bonds; 9. Defeasances of the Bonds; 10. Release, substitution or sale of property securing repayment of the Bonds; and 11. Rating changes. The City also agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of its failure to provide the Annual Financial Information for the prior fiscal year on or before the last day of the seventh month following the end of such prior fiscal year. After the issuance of the Bonds, so long as the interests of the Owners or Beneficial Owners of the Bonds will not be materially impaired thereby, as determined by a party unaffiliated with the City (including, without limitation, a trustee for the Owners, nationally recognized bond counsel or other counsel familiar with the federal securities law), or pursuant to a favorable "no -action letter" issued by the SEC, this Section 28 may only be amended in connection with any change in legal requirements, change in law, or change in the identity, nature or status of the obligated person, or type of business conducted, and only in such a manner that the undertaking of the City, as so amended, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. The City's obligations to provide Annual Financial Information and notices of certain events shall terminate without amendment upon the defeasance, prior redemption or payment in full of all of the then outstanding Bonds. This Section 28 or any provision hereof, shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel or other counsel 35 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. familiar with the federal securities laws to the effect that those portions of the Rule which require this Section 28 or any such provision are invalid, have been repealed retroactively or otherwise do not apply to the Bonds; and (ii) notifies and provides the SID, if any, and either the MSRB or each then existing NRMSIR with copies of such opinion. The right of each Owner or Beneficial Owner of Bonds to enforce the provisions of this Section 28 shall be limited to the right to obtain specific enforcement of the City's obligations under this Section 28, and any failure by the City to comply with the provisions of this undertaking shall not be a default with respect to the Bonds under this ordinance. The City Finance Director is authorized and directed to take such further action on behalf of the City as may be necessary, appropriate or convenient to carry out the requirements of this Section 28. Section 29. PreliminM Official Statement Deemed Final. The City Council has been provided with copies of a preliminary official statement dated , 2004 (the "Preliminary Official Statement"), prepared in connection with the sale of the Bonds. For the sole purpose of the Bond purchaser's compliance with paragraph (b)(1) of the Rule, the City "deems final" that Preliminary Official Statement as of its date, except for the omission of information as to offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, maturity dates, options of redemption, delivery dates, ratings and other terms of the Bonds dependent on such matters. Section 30. Contract; Savings Clause. The covenants contained in this ordinance and in the Bonds shall constitute a contract between the City and the Owner of each and every Bond. If any one or more of the covenants or agreements provided in this ordinance to be performed on 36 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. the part of the City shall be declared by any court of competent jurisdiction and after final appeal (if any appeal be taken) to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements in this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. 37 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. Section 31. Effective Date of Ordinance. This ordinance shall be effective upon its passage, approval and five days after publication. PASSED by the City Council this day of April, 2004. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of April, 2004. Approved as to Form: Bond Counsel Kathy Keolker-Wheeler, Mayor 0 DRAFT 3/26/04 For Discussion Purposes Only ORDINANCE NO. EXHIBIT A [Description of capital improvements — to come] 39 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: PBPW Dept/Div/Board.. Transportation Systems Staff Contact...... Nathan A. Jones, X-7217 Subject: 2004-2005 King County Commute Trip Reduction (CTR) Contract Exhibits: Issue Paper Resolution Agreement Recommended Action: Council concur Fiscal Impact: Expenditure Required. $36,342 $35,622 (King County charges) +$ 720 (workshop expenses) a C Al #: For Agenda of: August 23, 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information ......... Approvals: Legal Dept......... Finance Dept...... Other ............... Transfer/Amendment Revenue Generated Total Project Budget $64,200/year City Share Total Project SUMMARY OF ACTION: 0 X $43,170.82 (State funding) This agreement authorizes King County Department of Transportation staff to conduct work in support of activities the City of Renton is required to do under the State of Washington Commute Trip Reduction (CTR) Law. This is an ongoing program and the contract is renewed every year. STAFF RECOMMENDATION: The Transportation Division staff recommend that Council approve the resolution and authorize the Mayor and City Clerk to enter into the agreement with King County for implementation of the Citywide CTR Program in the amount of $36,342; this amount covers required activities, employer services, including $720 for employer training workshop expenses. H:Trans/Admin/Agendabi112004/KC_CTRagenda bill CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 16, 2004 TO: Don Persson, President Members of the Renton City Council VIA: Kathy Keolker-Wheeler Mayor p FROM: Gregg Zimmerman; ministrator STAFF CONTACT: Nathan A. Jones, extension 7217 SUBJECT: 2004-2005 King County Commute Trip Reduction (CTR) Contract ISSUE: Each year since the State CTR Law was passed in 1991, the City of Renton enters into an agreement with the King County Department of Transportation to allow Metro Transit Division staff perform the State -mandated duties specified by the Washington State CTR Law on behalf of the City of Renton. RECOMMENDATION: Transportation Systems Division staff recommends the Council approve the resolution and authorize the Mayor and City Clerk to enter into the agreement with King County for implementation of the Citywide CTR program in the amount of $36,342; this amount covers required activities, employer services, including $720 for employer training workshop expenses. BACKGROUND: The City of Renton implements a program in accordance with the State and local CTR Law to monitor Renton employers with CTR-affected worksites for progress and compliance. This law was enacted as part of the Washington State Clean Air Act to provide measures that would improve air quality and also manage congestion by encouraging the use of alternatives to single occupancy vehicle (SOV) commute travel through the use of incentives to employees at businesses with 100 or more employees arriving to work between 6 and 9AM. The City of Renton contracts each year with King County Department of Transportation Metro Transit Division to provide staff to offer technical assistance to Renton businesses affected by August 16, 2004 Page 2 of 2 RE: 2004-2005 King County Commute Trip Reduction (CTR) Contract the CTR Law. King County staff assists with the notification of new sites, employee surveys, program review, records maintenance, and more. The amount of the contract between the City of Renton and King County is based on the number of worksites being monitored. Currently, there are 22 CTR-affected employer work sites in the City of Renton; King County is requesting $36,342 to cover the expenses of the above -mentioned activities from July 1, 2004 to June 30, 2005. The prior contract covered the same activities at 24 CTR-affected work sites and the prior contract was for $39,332. (The number of work sites dropped when an employer relocated staff from leased office space). Funding provided by the State of Washington covers the expenses of the King County contract and a portion of City staff administrative labor. Within the current two-year contract, the amount of funding distributed by the State of Washington is determined by two variables: the number of CTR-affected worksites within a jurisdiction and a performance incentive. The State of Washington gives the City of Renton a fixed $1,200 per CTR-affected work site for required activities plus $762.31 per site for employer services. The amount of money given for employer services varies year to year; it is based on the number of trips reduced per day. King County jurisdictions did a good job of reducing vehicle trips, and thus, received more money per site for employer services. This amount increased from the 2003-2004 amount of $507.74 per site. The total amount of funds distributed by the State for 2004-2005 is $43,171 or $84,157 for the two- year contract. The City of Renton Six -Year Transportation Improvement Program (TIP) each year lists a planning budget of $64,200 to cover the expenses above and beyond the King County contract, and cover City of Renton staff time to monitor programs, perform reviews of the annual employer program reports, and attend trip reduction regional coordinating meetings, for example. A portion of the City of Renton funds may be utilized to create a special promotions program for City of Renton employers who are interested in creating trip reduction transportation programs for their employees, for example, however, a promotion has yet to be implemented. H:Trans/Adrnin/agenda2004/CTR issue paper KC 2004—rev CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH KING COUNTY ENTITLED "COMMUTE TRIP REDUCTION ACT IMPLEMENTATION AGREEMENT." WHEREAS, the City of Renton, pursuant to the Commute Trip Reduction Act, is required to develop and implement commute trip reduction plans; and WHEREAS, the Legislature has appropriated funds to provide technical assistance funding to the City, and WHEREAS, the Washington State Department of Transportation, by law, distributes these funds to the counties, which in turn distributes the funds to the cities; and WHEREAS, the County and the City desire to have the County perform certain tasks on behalf of the City; and WHEREAS, it is necessary to document the terms and conditions under which the County will perform such tasks on behalf of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION H. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement with King County entitled "Commute Trip Reduction Act Implementation Agreement" and later similar contracts that have the same general purpose, terms and funding. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Approved as to form: Lawrence J. Warren, City Attorney RES.1056:7/15/04 Kathy Keolker-Wheeler, Mayor 2 COMMUTE TRIP REDUCTION ACT IMPLEMENTATION AGREEMENT An Agreement between King County, through its Department of Transportation, (hereinafter called "King County ") and the City of Renton ("City"), hereinafter jointly referred to as the 'Parties," for the purpose of implementing the Washington State Commute Trip Reduction Act of 1991. WHEREAS, the Washington State Legislature enacted the Commute Trip Reduction Act (Chapter 202, Laws of 1991, codified as RCW 70.94.521-551) to require local governments in those counties experiencing the greatest automobile -related air pollution and traffic congestion to develop and implement plans to reduce vehicle miles traveled per employee and single occupant vehicle commute trips; and WHEREAS, the City has within its boundaries one or more "major employers" and is required by RCW 70.94.527 to develop and implement a commute trip reduction plan; and WHEREAS, the Parties hereto are authorized to enter into this Agreement pursuant to RCW 70.94.527 (6); and WI-IEREAS, the King County Code 28.94.110 authorizes the execution and 'administration of Agreements with state and local agencies for assistance in implementing the Commute Trip Reduction Act; and WHEREAS, the local jurisdiction commute trip reduction plans are required to be coordinated and consistent with plans of adjacent jurisdictions and applicable regional plans; and WHEREAS, the City and King County desire to implement the Commute Trip Reduction Act consistent with the guidelines established by the state Commute Trip Reduction Task Force and with King County and other cities within the county; and WHEREAS, the City can achieve cost efficiencies and administrative consistency by contracting with King County for CTR implementation; NOW THEREFORE, in consideration of the mutual promises and covenants herein, it is hereby agreed: SECTION 1.0 PURPOSE. The purpose of this Agreement is to assign certain tasks to be undertaken by King County on behalf of the City to implement the CTR Act. Page 2 SECTION 2.0 DEFINITIONS. The following definitions shall apply for purposes of this Agreement: "Administrative Representative" means the primary administrative contact for issues related to this Agreement as designated in Section 3.5 of the Agreement. "Affected Employer" means an employer required by RCW 70.94.521 and the City's CTR Plan to implement a CTR program (see also "major employer"). "Commute Trip Reduction Plan (CTR Plan)" means a plan adopted by the City designed to reduce the proportion of single occupant vehicle commute trips and vehicle miles traveled per employee, as described in RCW 70.94.527: "Commute Trip Reduction Program (CTR Program)" means a program designed by an affected employer to reduce the proportion of single occupant vehicle commute trips and the commute trip vehicle miles traveled by employees at a worksite, as described in RCW 70.94.531. "CTR Funds" means state funds authorized by RCW 70.94.544 and Section 301 of the Natural Resources biennial budget to help counties and cities implement commute trip reduction plans. "Major Employer" means a private or public employer that employs one hundred or more full- time employees at a single worksite who are scheduled to begin their regular workday between 6:00 a.m. and.9:00 a.m. on weekdays for at least twelve continuous months during the year, as provided in RCW 70.94.521 (herein also known as an "affected employer"). .."State" is the Washington State Department of Transportation (WSDOT) unless otherwise noted. SECTION 3.0 SCOPE OF WORK 3.1 Scope of Work: The scope of work to be completed by King County and the City in accordance with this Agreement is described in "Exhibit A: Scope of Work", which by reference is made a part of this Agreement. Funds provided by the City to King County under this Agreement shall be used solely for activities undertaken to fulfill the provisions of the scope of work as provided in Exhibit A. 3.2 Regional Cooperation: Some tasks in the Scope of Work are subarea or county -wide and assume that the City will participate with other contracting cities and try to the extent possible to develop policies and products consistent throughout the county to take advantage of economies of scale and cost efficiencies. 3.3 Schedule: The schedule for tasks is specified in Exhibit A: Scope of Work. A quarterly review of progress to date and anticipated activities will be held with jurisdiction representatives. On -going review of issues and materials will be conducted with the jurisdiction representatives. Page 3 3.4 Project Organization-Tle co cn t=fun ed positio will conduct contractual activities for the jurisdiction. The position will work in a single division which includes other contract staff and report to the CTR Services Supervisor. 3.5 Administrative Representatives: King County and the City shall each designate an administrative representative for matters pertaining to this Agreement. King County shall be represented by the Manager of Sales and Customer Service or his designee. The City shall be represented by the Director, Transportation System Division or his/her designee. 3.6 State Requirements: At the request of the City, King County shall provide information -to the State for monitoring or evaluation activities as.outlined in the Interlocal Agreement, SECTION 4.0 DISBURSEMENT OF FUNDS 4.1 Budget: The budget for work to be performed through June 30, 2005 is specified in Exhibit B. 4.2 Equipment: Equipment to be purchased under this Agreement shall be used exclusively for the purpose of CTR administration for the City and other jurisdictions in King County. King County shall own all such equipment and maintain it at no additional cost to the City. 4.3 Payment Process: King County shall submit the City's invoice and a quarterly progress report to the City per the following schedule. The City shall make payment to King County within 45 days of receipt of the invoice. Payment Fixed Invoice Submitted Payment No Earlier Than 3 y istpayment $8,905.50 September 30, 2004_ 2°d payment $8,905.50 December 31, 2004 3`d payment $8,905.50 March 31, 2005 V { 4�' payment $8,905.50 June 30, 2005 T; Total $35,622.00 kj 4.4 Payment Amounts: Each payment shall consist of the fixed amount specified above in Section 4.3, plus reimbursement of workshop expenses estimated to $720.00.-_The City shall pay a percentage share of workshop expenses based on the percentage of the total registrants for the workshop representing worksites in the City. Page 4 The workshop expenses to be shared by the City shall consist of a fixed labor element plus actual nonlabor expenditures. The fixed labor element shall be as follows: - ETC Orientation $ 480.00 fixed labor charge per workshop - Program Implementation $ 480.00 fixed labor charge per workshop - ' Survey Briefing $ 163.00 fixed labor charge per workshop - Additional Workshops $ 48.00 fixed labor charge per hour for King County trainers SECTION 5.0 AUDITING OF RECORDS, DOCUMENTS, AND REPORTS The State Auditor and any of its representatives shall have full access to and the right to examine during normal business hours and as often as the state Auditor may deem necessary, all the records of the City and King County with respect to all matters covered in this Agreement. Each Party to the Agreement shall have similar access and rights with respect to the records of the other Party. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this Agreement. Such rights last for three (3) years from the date final payment is made hereunder. SECTION 6.0 EQUAL EMPLOYMENT OPPORTUNITY. King County agrees to abide by all applicable federal and state statutes and regulations prohibiting employment discrimination. SECTION 7.0 WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by an authorized representatives of the County, and attached to the original Agreement. SECTION 8.0 SEVERABILITY Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or void, the remaining provisions of this Agreement shall remain in full force and effect if such remainder Page 5 continues to conform to the terms and requirements of applicable law and the intent of this Agreement. SECTION 9.0 INDEMNIFICATION AND HOLD HARMLESS It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other Party. No joint venture or partnership is formed as a result of this Agreement. Each Party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, and those of its officers, agents or employees, while performing work pursuant to this Agreement, to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other Parties harmless from any such liability. In the case of negligence of multiple Parties, any damages allowed shall be assessed in proportion to the percentage of negligence attributable to each Party, and each Party shall have the right to seek contribution from the other Parties in proportion to the percentage of negligence attributable to the other Parties. The City acknowledges it is solely responsible for its compliance with the CTR Act, and for the adoption, implementation, and enforcement of any ordinances, plans, and programs related to the CTR Act. -The City shall indemnify and hold King County harmless from, and shall process and defend, at its own expense, any and all claims, demands, suits at law of equity, actions, penalties, losses, damages, or costs arising out of, in connection with, or incidental to any act or omission of the City or any of its officers, employees, subcontractors or agents in adopting or enforcing any ordinances, plans and programs related to the CTR Act. The Parties hereto acknowledge. that the State of Washington is not liable for damage or claims from damages arising from any act or omission of King County or the City under this Agreement. SECTION 10.0 AGREEMENT PERIOD This Agreement is effective from July 1, 2004. The expiration date for purposes of performing substantive work as described in Exhibit A (Scope of Work) and for incurring costs is June 30, 2005, and for final accounting purposes is July 31, 2005, unless the Parties agree to an extension. Termination of this Agreement does not relieve any of the Parties from any obligations incurred through the date of termination as a result of this Agreement. SECTION 11.0 AGREEMENT MODIFICATIONS This Agreement may be amended, altered, clarified or extended only by written Agreement of the designated administrative representative of the City and King County. SECTION 12.0 TERMINATION 12.1 Either Party to this Agreement may terminate the Agreement, in whole or in part, upon thirty (30) days advance written notice of the termination to the other Party. If this Page 6 Agreement is so terminated prior to fulfillment of the terms stated herein, King County shall be reimbursed for all actual direct and related indirect expenses and noncancellable obligations incurred to date of termination. 12.2 If at any time during the Agreement period the State acts to terminate, reduce, modify, or withhold CTR Grant Funds allotted to the City pursuant to RCW 79.94.544 then either Party may terminate this Agreement by giving thirty (30) days' advance written notice to the other Party. Dated this day of , 2004. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day first above mentioned. KING COUNTY: By Kevin Desmond General Manager Metro Transit Approved as to form: CITY OF RENTON By City Attorney By Director City of Renton — Exhibit A Commute Trip Reduction Services Contract Scope of Work Period: July 1, 2004, through June 30, 2005 Work Activities — 22 current sites A. Notification of new sites 1. Identify contact for potential sites 2. Send notification inquiry 3. Confirm status 4. Secure state code 5. Create timeline and legal file B. Survey 1. Alert employer to survey timeline 2. Track survey completion and processing 3. Send survey results to employer C. Program review 1. Remind employers of submittal deadlines 2. Monitor program report receipt 3. Review revised programs for sites that did not make progress and evaluate the potential for progress toward SOV reduction 4. Review program reports for completeness for new sites and for sites that made progress toward goal 5. Recommend action to jurisdiction 6. Generate approval Ietter for City signature D. Exemptions & Modifications 1. Inform new sites about process and criteria 2. Receive requests and copy to city 3. Copy request to state for comment 4. Review and analyze request and provide comments to City 5. Contact employer as needed, generate and send response per city E. Records maintenance 1. Maintain database and master file records on all affected sites 2. On a quarterly basis, provide WSDOT with hard copy of each employer program report approved within the quarter 3. Provide WSDOT with an electronic copy of the CTR database of the City's CTR-affected employers, quarterly or as required by WSDOT 4. Provide quarterly report information for jurisdiction to conduct state funds billing Schedule As needed First quarter and as necessary - Ordinance schedule by Site As needed On -going Exhibit A F. Program Development As needed New Sites 1. Provide written information on basic requirements of the CTR Ordinance, CTR Zones, and an explanation of how the plan is intended to achieve its goals 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance 3. Assist with voluntary baseline survey. Analyze survey;data and make programs recommendations. G. New ETC Consultation/Briefing As needed 1. Provide written information on basic requirements of the CTR Ordinance, CTR Zones, and an explanation of how the plan is intended to achieve its goals 2. Provide materials that explain a range of measures and activities that may help the employer achieve the CTR goals of the local ordinance H. Program Implementation Assistance As needed Provide assistance in the following categories: 1. Identify resources and implementation requirements 2. Coordinatelattend network group meetings 3. Communicate with ETCs about transportation issues, including Sound Transit, Metro Transit, Special events and items of interest (e.g.: construction and road closures, Air Quality alerts, WSRO bulletins) 4. Provide promotion/incentive support and coordination (e.g.: planning, develop materials, implement and evaluate, includes Rideshare campaign and Relax campaign) I. Training Quarterly Provide county -wide basic training to new ETCs 1. Basic Training part 1: ETC orientation 2. Basic Training -part 2: Program Implementation and Promotion 3. Survey briefing 2 CITY OF RENTON Period: July 1, 2004 through June 30, 2005 FUNDING State CTR Funds (estimated) $1,200 per site for Required Activities $762.31 per site for Employer Services TOTAL FUNDS AVAILABLE NUMBER OF SITES Exhibit B $ 26,400.00 $ 16,770.82 $ 43,170.82 22 CTR SERVICES CONTRACT Rice uired Activities _ 1. New Site Notification / Site status change $ 144 2. Data Management & Survey Processes $ 4,762 3. Program Review & Site Analysis $ 12,144 4. Exemptions, Modifications and Compliance Issues $ 1,152 5. Records Maintenance $ 3,168 Total Required Activities $ 219370 Employer Service 1. Employer Training $ 720 2. Incentives $ 1,100 3. Promotions & Marketing $ 2,112 4. Program Development $ 1,536 5. Program Implementation $ 9,504 Total Employer Service $ 14,972 CONTRACT TOTAL $ 36,342 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 7nnr, _')nln CIY_VGAD TID Transportation Demand Management Program Functional Classification: N/A Fund: 317 Proj. Length: N/A Proj: 12135 RANK: 31 CONTACT: Nate Jones 425.430.7217 DESCRIPTION: Renton's TDM program implements the State's Commute Trip Reduction (CTR) Act by encouraging a reduction in the use of single occupancy vehicles (SOV). Incentives are offered to employees (at businesses with 100 or more employees) arriving to work between 6 and 9 AM. The City has two CTR programs: 1. The Citywide and 2. the City Hall CTR program (see note below). The TIP funds the Citywide CTR Program and offers technical assistance to Renton businesses affected by the Act JUSTIFICATION: The City is required by 1991 State Legislation to develop and implement a CTR program. This law applies to areas of the State with continuing air quality problems. TDM is an important element in achieving desired transportation, environmental, and land use goals. Nag: Renton City Hall is an affected CTR site and must implement its own CTR program for City employees; it is funded outside the TIP program. STATUS: It is expected that technical assistance to employers for the Citywide program will continue at current levels in future years provided State funds in support of this program continue. Renton receives a State allotment every two years to help fund the Citywide CTR program. The actual amount is determined by the number of CTR-affected worksites and the number of trips reduced. CHANGES: Funded : 1485,870[Unfunded Project Totals Pro rammed Pre-2005 Six ear Program ITEM Programmed sent In 2003 2004 Total 2005 2006 2007 2008 2009 2010 EXPENSES: Project Development 96,593 4193 13,200 79 200 13,200 13,200 13,200 13,200 13,200 13,200 Precon En /Admin R-O-W includes Admin Construction Contract Fee Construction En /Admin Other (Tech. Assist. Contract 389,277 32,277 51 000 306,000 51,000 51 51,000 51,000 51,000 51,000 TOTAL EXPENSES 485,870 36,470. 64,200, 385,200 64,200 64 E 64 200 64,200 64,200 64,200 SOURCE OF FUNDS: 1/2 Cent Gas Tax Business License Fee 139,200 49,200 90,000 15,000 15 000 15,000 15,000 15,000 15,000 Grants In -Hand Mitigation In -Hand L.I.D.'s Formed Other In -Hand CTR allot. 346,875 36,675 15,000, 295,200 49 200 49,200 49,200 49,200 49,200 49,206 -205 -205 Grants Proposed Mitigation Proposed L.I.D.'s Proposed Other Proposed Undetermined TOTAL SOURCES 1 485,8701 36,4701 64,2001 385 200 64,2001 64,200 1 64 200 64,2001 64,200 64,200 TW 07QV. a 0:31 w 5 - 31 FINAL CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building /Public Works Dept/Div/Board.. Transportation System Division Staff Contact...... Jason Fritzler (x 7243) Subject: INCA Engineers Inspection Services Contract Monster Road Bridge Repair Exhibits: Issue Paper Supplemental Contract Original Design Contract CAG 04-033 AI N: For Agenda of: August 23, 2004 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... Expenditure Required... $69,794 Transfer/Amendment....... $0 Amount Budgeted....... $500,000 Revenue Generated......... $0 Total Project Budget $0 City Share Total Project.. SUMMARY OF ACTION: The Transportation Division has completed the Monster Road Bridge Repair Design and is ready to move forward with construction. Due to the complexity and fragile nature of the repair, an inspector who is knowledgeable with structural engineering and bridge construction is required to ensure an effective repair of the bridge. The inspector would come from INCA Engineers, the consultants that designed the repair of the bridge. The amount currently allocated is $500,000 for the entire project (2004-2009 TIP #54). An amendment to the budget will soon follow requesting a budget increase that would encapsulate the inspection contract with INCA and the remaining construction contract. STAFF RECOMMENDATION: The Transportation Division Staff recommends Council authorize the Mayor and City Clerk to enter into the proposed supplemental agreement with INCA Engineers to conduct construction inspection services for the Monster Road Bridge Repair in the amount of $69,794.02. H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2004\INCA Inspection Agenda Bill.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 23, 2004 TO: Don Persson, President Members of the Renton City Council VIA:. Kathy Keolker-Wheeler, Mayor FROM: Gregg Zimmenii Administrator STAFF CONTACT: Jason Fritzler, x7243 SUBJECT: INCA Engineers Inspection Services Contract Monster Road Bridge Repair ISSUE: The Transportation Design Section has completed the necessary permitting, reviews and PS&E (plans, specifications and estimates) for the Monster Road Bridge Repair. We are now phasing out of the design process and need to concentrate on the construction issues. One issue is the need for an experienced construction inspection engineer to be on site during the entire construction process. The City is not capable of supplying a full-time inspector that has the structural and material expertise that is needed for such a highly sensitive project. INCA Engineers is the consultant that designed the repair of the bridge. They have prepared a scope of work that will provide these crucial services (i.e. submittal reviews, construction documentation, and construction sequence management). These services and others are very important to ensure a sound repair that the City could rely on for years to come. RECOMMENDATIONS: The Transportation Division staff recommends Council authorize the Mayor and City Clerk to enter into the proposed supplemental contract with INCA Engineers to conduct construction inspection services for the Monster Road Bridge Repair in the amount of $69,794.02. BACKGROUND: As identified from the 2003 bridge inspections, previously documented cracks in the prestressed concrete girders were becoming larger and propagating into new areas of the concrete. The Transportation Design section had contracted with CES Engineers to do the 2003 bridge program review, and also to do the more in-depth study of the girder cracks and live load test. CES produced their findings in a written submittal, essentially recommending posting the bridge or shutting it down and replacing the structure. INCA Engineers Inspection Services Contract Monster Road Bridge Repair August 23, 2004 Page 2 CES was further contracted to do weekly inspections on the structure until the City was prepared to construct the repair for the bridge. Design of the bridge repair was started in March of 2004 by INCA Engineers (the original designers of the bridge), along with needed the environmental permits from the City and the Washington State Department of Fish and Wildlife. Independent design reviews have been conducted by the WSDOT Bridge Office, as well as Berger/Abam Engineers Structural Section. After two meetings and some revisions to the PS&E, a final design was completed. This will be a supplemental contract that will amend the scope of the original contract (CAG 04-033) signed by the Mayor on March 18, 2004. Funding will come from the Monster Road Bridge Repair Project (2004-2009 TIP #54). The current approved budget for 2004 is $500,000. cc: Leslie Lahndt Jason Fritzler Sandra Meyer File HATRANSWDMIN\AGENDA\2004 INCA Inspection Issue Paper � Washington State A Department of Transportation Organization and Address Supplemental Agreement INCA Engineers, Inc. 400 122th Avenue NE Suite 400 Agreement Number Bellevue, WA 98004 Supplement 1 Project Number Phone (425) 635-1000 Project Title New Maximum Amount Payable Monster Road Bridge Repair $ 69,794.02 Description of Work To provide the City of Renton construction inspection services during construction of the Monster Road Bridge Repair. The services to be rendered are outlined in the attached revised scope of work. The Local Agency of City of Renton desires to supplement the agreement entered into with INCA Engineers, Inc. and executed on 3/18/2004 and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: See attached Scone of work exhibit B-2. z 1 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: 9/31 /05 Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. Lfi Consultant Signature By: Approving Authority Signature DOT Form 140-063 EF Revised 10/97 Exhibit B-2 Scope of Work — Supplement Engineering Services During Construction Project No. The scope of work for the Monster Road Bridge, Bridge Repair Analysis and Design is herebv supplemented to include the followina: - On Site Inspection by a Qualified Engineer on an as needed basis, estimate 20 hrs/week for 20 weeks, to provide the following services when on site. ♦ Review and respond to RFI's ♦ Provide Standard form Inspector's daily reports for the time on site ♦ Verification of quantities and materials delivered and/or installed ♦ Verify materials/workmanship conform to approved shop drawings ♦ Provide a basis for approval of pay estimates - Review of shop drawings, assumed 9 drawings with 3 resubmittals - Review of Material Submittals including: ♦ Epoxy ♦ Grout ♦ Concrete ♦ Formwork ♦ Scaffolding for both piers on both sides - Procedure Reviews including: ♦ Construction Sequence ♦ Epoxy Infection ♦ Drilling - Review of NDT test results — estimated to be 500 individual tests - Management, coordination and Sr. Engineering Support of field operations Documents To Be Furnished By the Consultant ♦ Inspectors Daily Reports ♦ Responses to RFI's ♦ Comments and recommendations on Submittals Exhibit D-2 PROJECT MANHOUR REQUIREMENT ESTIMATE INCA Engineers, Inc. City of Renton Bridge Repair Analysis and Design Engineering During Construction Fee Proposal MAJOR TASK DESCRIPTION Project Principal Project Manager Project Engineer Staff Engineer Tech. Support Clerical TOTAL ENGINEERING SERVICES DURING CONSTRUCTION 1 On Site Inspector [Assume 5 mo (20 wks) @ 20 hrs/wk] 40 40 400 40 520 Tasks to be completed include: - Response to RFI's - Inspector's Daily Report - Verification of Quantities delivered/installed - Verification that materials/workmanship conform to shop drawings and plans - Provide basis for pay estimate approval. 2 Shop Drawing Review (Assume 9 Dwgs) (9 initial reviews and 3 resubmittals) 9 36 3 48 3 Material Submittal Reviews 4 4 - Epoxy 0.5 2 2.5 - Grout 0.5 2 2.5 - Concrete 0.5 2 2.5 - Formwork 0.5 4 4.5 - Scaffolding - Both Piers on Both Sides 2 16 18 Procedure Reviews 4 4 - Construction Sequence 2 8 10 - Epoxy Injection 1 4 5 - Drilling 1 4 5 Review of NDT Results - say 500 tests 2 16 2 20 4 Management and Coordination (assume 6 months, 4 hrs per month) 6 24 24 54 Subtotal Construction Services 6 64 59 494 77 700 Page 2 of 3 L:/2004/04-012/con"d/Exhibil D2a TASK 1 N CA Exhibit D-2 PROJECT MANHOUR REQUIREMENT ESTIMATE INCA Engineers, Inc. Project: City of Renton Bridge Repair Analysis and Design Fee Proposal Summary Construction Services $69,794.02 GRAND TOTAL $69,794.02 This work will be paid on a time and matierla basis not to exceed the above grand total without prior approval. Prepared By: Dale E. Miller/Amir Asaidali Date: Checked By: Daniel P. Russell Date: 7/30/2004 7/30/2004 Page 1 of 3 U12004/04-012/cwtracVExhibil D-2a Summary Sheet INCA Exhibit D-2 PROJECT MANHOUR REQUIREMENT ESTIMATE INCA Engineers, Inc. Project: City of Renton Bridge Repair Analysis and Design Construction Services DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project Principal 6 62.00 $372.00 2. Project Manager/Sr. Supervising Engineer 64 51.00 $3,264.00 3. Project Engineer/Senior Engineer 59 42.00 $2,478.00 4. Staff Engineer 494 32.00 $15,808.00 5. CADD / Technical Support 0 26.50 $0.00 6. Clerical 77 19.50 $1,501.50 SUBTOTAL - DSC 700 $23,423.50 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 156.58% X $23,423.50 $36,676.52 FIXED FEE (FF): FF Rate = 15% X ( $23,423.50 + $36,676.52) $9,015.00 REIMBURSABLE& Mileage ( 900 Miles X 0.31/mile) $279.00 Reprographics $200.00 Pictures - Color Prints $200.00 $679.00 SUBTOTAL $69,794.02 SUBCONSULTANTS None $0.00 $0.00 GRAND TOTAL - ESTIMATED FEE $69,794.02 Page 3 of 3 L:/2004/04-012/contrad/ExhibitD-2a Construction Services INCA CAG-04-033 Consultant/Address/Telephone Local Agency INCA Engineers, Inc. Standard Consultant 400 112th Avenue NE Agreement Suite 400 Bellevue, WA 98004 Agreement Number Ph: (425) 635-1000 Federal Aid Number Project Title And Work Description Monster Road Bridge Agreement Type (Choose one) ® Lump Sum Bridge Repair Analysis and Design Lump Sum Amount $ 43,823.37 ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation Overhead Cost Method ❑ Yes ® No % ❑ Actual Cost WBE Participation ElActual Cost Not To Exceed % ❑Yes ®No Federal ID Number or Social Security Number ❑ Fixed Rate 91-1203062 Do you require a 1099 for IRS? mpletion Date Fixed Fee $ El Specific Rates Of Pay El Yes ® No recernber31, 2004 ❑ Negotiated Hourly Rate Total Amount Authorized $ 43,823.37 ElProvisional Hourly Rate Management Reserve Fund $ 0.00 ❑ Cost Per Unit of Work Maximum Amount Payable $ 43, 823.37 THIS AGREEMENT, made and entered into this day of P? 1 between the Local Agency of City of Renton Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". . WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signed a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: DOT Form 140-089 EF Page 1 of 8 Revised 12/99 All reports, PS&E materials, and other data, furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, The work under this AGREEMENT shall consist of documents, and other work products prepared by the the above described work and services as herein CONSULTANT prior to completion or termination of defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this worts for this PROJECT. The CONSULTANT shall PROJECT and are property of the AGENCY. Reuse furnish all services, labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT. service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the 11 CONSULTANT. SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit "B" attached hereto, and by this reference made a part of this AGREEMENT. The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in III writing by the AGENCY. All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date. AGREEMENT, with outside agencies, groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY. Necessary contacts and meetings with because of any delays attributable to the CONSULT - agencies, groups or individuals shall be coordinated ANT, but may be extended by the AGENCY, in the through the AGENCY. event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT. A prior AGENCY or such Federal, Community, State, City supplemental agreement issued by the AGENCY is or County officials, groups or individuals as may be required to extend the established completion time. requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation. PAYMENT The minimum number of hours or days notice — The CONSULTANT shall be paid by the AGENCY required shall be agreed to between the AGENCY for completed work and services rendered under this and the CONSULTANT and shown in Exhibit "B" AGREEMENT as provided in Exhibit "C" attached attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly hereto, and by this reference made part of this progress report, in a form approved by the. AGENCY, AGREEMENT. Such payment shall be full compen- thatwill outline in written and graphical form the sation for work performed or services rendered and various phases and the order of performance of the for all labor, materials, supplies, equipment, and work in sufficient detail so that the progress of the incidentals necessary to complete the work work can easily be evaluated. Goals for Disadvan- specified in Section II, "Scope of Work". The taged Business Enterprises (DBE) and Women CONSULTANT shall conform with all applicable Owned Business Enterprises (WBE) if required required shall of 48 CFR 31. be shown in the heading of this AGREEMENT. Page 2 of 8 VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit G, at- tached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non - salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consider- ation, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability, or in its discre- tion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may or might arise under any Workmen's compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Depart- ment of Transportation, the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employ- ment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employ- ment upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or terminations, rates of pay or other forms of compensation, selection for training, rendition of services. The CONSULT- ANT understands and agrees that if it violates this provision, this AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the AGENCY that discrimina- tory practices have terminated and that recurrence of such action is unlikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regula- tions relative to nondiscrimination in the same manner as in Federal -assisted programs of the Page 3 of 8 Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorpo- rated by reference and made a part of this AGREEMENT. The consultant shall comply with the American Disabilities Act of 1992, as amended. B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, creed, color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the seleo- lion and retention of subconsultants, including procurements of materials and leases of equip- ment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix II of the Regulations. C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERI- ALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANTs obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. INFORMATION AND REPORTS: The CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the CONSULTANT is in the exclu- sive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the United States Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONSULT- ANT under the AGREEMENT until the CONSULTANT complies, and/or 2. Cancellation, termination or suspension of the AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CON- SULTANT shall take such action with respect to any subconsultant or procurement as the AGENCY or the Federal Highway Administra- tion may direct as a means of enforcing such provisions including sanctions for noncompli- ance; provided, however, -that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CON- ULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the United States to enter into such . litigation to protect the interests of the United States. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with RCW 49.60.180. Page 4 of 8 IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit F for the type of AGREEMENT used. No payment shall be made for any work completed after ten days following receipt by the CONSULT- ANT of the Notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CON- SULTANT, the above formula for payment shall not apply. In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULT- ANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termina- tion, whether that work is in a form or a type which is usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm to complete the work required and the time which maybe required to do so, and other factors which affect the value to the AGENCY of the work per- formed at the time of termination. Under no circumstances shall payment made under this subsec- tion exceed the amount which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULT- ANT was not in default or that the CONSULTANT s failure to perform is without it or it's employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervi- sory personnel assigned to the project, or, dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. The subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY's concur- rence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CON- SULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULT- ANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitle- ment to exercise those rights with respect to any future act or omission by the CONSULTANT. X CHANGES -OF WORK The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. Page 5 of 8 XI DISPUTES Any dispute concerning questions of fact in oonnec- tion with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. XII VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washing- ton, situated in the county the AGENCY is located in. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in aocor- dance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located in. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE, and their officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANTS negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from claims, demands or suds based solely upon the conduct of the AGENCY and the STATE, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT's agents or employees and (b) the AGENCY and the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforce- able only to the extent of the CONSULTANTs negligence or the negligence of the CONSULTANTs agents or employees. The CONSULTANTs relation to the.AGENCY shall be at all times as an independent contractor. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The CONSULTANT recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of an acceptable, supplemental agreement, the CONSULTANT shall provide on -call assistance to the AGENCY during contract adminis- tration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as other- wise required, the following insurance with +` companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Page 6 of 8 Insurance Coverage A Worker's compensation and employer's liability insurance as required by the STATE. B. General commercial liability insurance in an amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per occurrence. Excepting the Worker's Compensation insurance and any professional liability insurance secured by the CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within 14 days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million dollars, whichever is the greater unless modified by Exhibit H. In no case shall the CONSULTANTS professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclu- sive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. XIV EXTRA WORK A The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREE- MENT accordingly. C. The CONSULTANT must submit its "request for equitable adjustment" (hereafter referred to as claim) under this clause within 30 days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a claim submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However nothing in this clause shall excuse the CON- SULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and condition of paragraphs (a) and (b) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV ENDORSEMENT OF PLANS The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data furnished by him. Page 7 of 8 XVI FEDERAL AND STATE REVIEW The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII CERTIFICATION OF THE CONSULTANT AND THE AGENCY Attached hereto as Exhibit "A-1 ", are the Certifications of the Consultant and the Agency, Exhibit "A-2" Certification regarding debarment, suspension and other responsibility matters - primary covered transactions, Exhibit "A-3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A-3" and "A-4" are only required in Agreements over $100,000. XVIII COMPLETE AGREEMENT This document and referenced attachments contains all covenants, stipulations and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- tation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX EXECUTION AND ACCEPTANCE This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULT- ANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. By By �uc55e- PE, Kathy K olker-Wheeler, Mayor Consultant INCA Engineers, Inc. Agency City of Renton Page 8 of 8 CAG-04-033 Supplemental Signature Consultant/Address/Telephone INCA Engineers, Inc. Page for 400 112th Avenue NE Standard Consultant Suite 400 Agreement Bellevue, WA 98004 Ph: (425) 635-1000 Agreement Number Project Title And Work Description Monster Road Bridge Federal Aid Number Bridge Repair Analysis and Design Local Agency THIS AGREEMENT, made and entered into this between the Local Agency of Citv of Renton day of Yn2t� , oQ00 ,t/ , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. 0"al-saw!e r-11 -1-M. �/-/w LOCAL AGENCY By A� Kathy Keolker—Wheeler, Mayor Consultant INCA Engineers, Inc. Agency City of Renton By Consultant DOT Form 140-089A EF Revised 4198 B ir,EsT: ��'J. Ce)af►7 Bonnie I. Walton, City Clerk Agency Citv of Renton By Agency By Agency CAG-04-033 I hereby certify that I am representative of the firm of Exhibit A-1 Certification Of Consultant Project No. Local Agency and duly authorized INCA Engineers, Inc. whose address is 400 112th Ave NE Suit 400 Bellevue. WA 98004 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any fum or person (other than a bona fide employee working solely for me.or the above CONSULTANT) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of any firm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution donation or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I further certify that the'firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. at Date Signature Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Renton Washington and that the above consulting firm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this. contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws, both criminal and civil. Date Signature Kathy Keolker—Wheeler, Mayor CAG-04-033 Exh i bit A-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues. or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph Lb. of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal; state, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): INCA Engineers, Inc. ��ez D-�r (Date) ( ignature) President or Autho�rized Official of Consultant ` CAG-04-033 Exhibit A-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): INCA Engineers. Inc. (Date) (Signature) President or��,Accuthorized Official of Consultant k5oc- a / - ti CAG-04-033 Exhibit A-4 Certificate of Current Cost or Pricing Data This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of Monster Road Bridge, Bridge Repair Analysis and Design * are accurate, complete, and current as of 17A , e / 2 DD I **. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm INCA Engineers, Inc. Name Daniel P. Russell, P.E. Title Associate Date of Execution*** //C i C Zee * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). * * Insert the day, month, and year when price negotiations were concluded and price agreement was reached. *** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. CAG-04-033 Exhibit B-1 Scope of Work Project No. The scope of work for the Monster Road Bridge, Bridge Repair Analysis and Design includes the following: • Analysis, design and detailing of repair to bridge in order to repair/seal existing girder cracks will include: J Installation of top rebar to assist in resistance of the negative moment over the piers. J Installation of bottom rebar to aid in keeping cracks closed. J Installation of support brackets to provide additional girder support beneath the cracked girders. Documents To Be Furnished By the Consultant • Plans describing the bridge repairs. • Special provisions including bid tabulation form. • Quantities and cost estimate. ' • Construction Schedule. • Construction site visit trip reports. • Construction Support Services. Work will include: J Review of shop drawings J Response to RFIs J Periodic site visits. CAG-04-033 Exhibit C-1 Payment (Lump Sum) A. Lump Sum Agreement Payment for all consulting services for this project shall be on the basis of a lump sum amount as shown in the heading of the AGREEMENT. 1. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $50,000 or 10%.of the Lump Sum Amount as shown in the heading of this Agreement. The amount included for the Management Reserve Fund is shown in the heading of the AGREEMENT. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 2. Maximum Total Amount Payable The Maximum Total Amount Payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The maximum total amount payable is comprised of the Lump Sum Amount and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work." B. Monthly Progress Payments Partial payments may be made upon request of the CONSULTANT to cover the percentage of work completed, and are not to be more frequent than one (1) per month. To provide a means of verifying the invoiced salary costs for the Consultant's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rate, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. It is agreed that payment of any billing will not constitute agreement as to the appropriateness of any item and that at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT agrees to refund such overpayment to the AGENCY within ninety (90) days of notice of any such payment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. CAG-04-033 Exhibit D-1 CONSULTANT FEE DETERMINATION — SUMMARY SHEET Project: City of Renton Bridge Repair Analysis and Design Design Services DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project Principal 0 62.00 $0.00 2. Project Manager/Sr. Supervising Engineer 24 51.00 $1,224.00 3. Project Engineer/Senior Engineer 120 42.00 $5,040.00 4. Staff Engineer 24 32.00 $768.00 5. CADD / Technical Support 128 26.50 $3,392.00 6. Clerical 18 19.50 $351.00 SUBTOTAL-DSC 314 $10,775.00 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 156.58% X $10,775.00 $16,871.50 FIXED FEE (FF): FF Rate = 15% X ( $10,775.00 + $16,871.50) $4,146.98 REIMBURSABLE& Mileage (0 Miles X 0.31/mile) $0.00 Reprographics $0.00 Computer Time $0.00 $0.00 SUBTOTAL ISUBCO $31,793.48 . NSULTANTS None $0.00 $0.00 GRAND TOTAL - ESTIMATED FEE $31,793.48 Prepared By: Amir Asaidali, P.E. Checked By: Daniel P. Russell, P.E. Date: March 5, 2004 Date: March 5, 2004 Page 1 of 5 T:/Groups/StructuralPending/Cityof Renton/Contmct/Exhibil0.l Design Services INCA CAG-04-033 Exhibit D-1 PROJECT MANHOUR REQUIREMENT ESTIMATE INCA Engineers, Inc. Project: City of Renton Bridge Repair Analysis and Design Construction Services DIRECT SALARY COST (DSC): Classification Hours X Rate Cost 1. Project Principal 0 62.00 $0.00 2. Project Manager/Sr. Supervising Engineer 38 51.00 $1,938.00 3. Project Engineer/Senior Engineer 28 42.00 $1,176.00 4. Staff Engineer 24 32.00 $768.00 5. CADD / Technical Support 0 26.50 $0.00 6. Clerical 10 19.50 $195.00 SUBTOTAL-DSC 100 $4,077.00 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 156.58% X $4,077.00 $6,383.77 FIXED FEE (FF): FF Rate = 15% X ( $4,077.00 + $6,383.77) $1,569.12 REIMBURSABLES: Mileage (0 Miles X 0.31/mile) $0.00 Reprographics $0.00 Computer Time $0.00 ' $0.00 SUBTOTAL $12,029.89 SUBCONSULTANTS None $0.00 $0.00 GRAND TOTAL - ESTIMATED FEE $12,029.89 Prepared By: Amir Asaidali, P.E. Checked By: Daniel P. Russell, P.E. Date: March 5, 2004 Date: March 5, 2004 Page 2 of 5 T:/Groups/SWctural/Pending/City of Renton/Contracts/Exhibit 0.1 Construction Services INCA CAG-04-033 Exhibit: D-1 PROJECT MANHOUR REQUIREMENT ESTIMATE INCA Engineers, Inc. Project: City of Renton Bridge Repair Analysis and Design Fee Proposal Summary Design Services $31,793.48 Construction Services $12,029.89 GRAND TOTAL $43,823.37 Prepared By: Amir Asaidali, P.E. Checked By: Daniel P. Russell, P.E. March 5, 2004 Date: Date: March 5, 2004 Page 3 of 5 I'� TJGr ps/Structuml[Pending/City of Renton/Contracts/Exhibit D-1 Summary Sheet INCA CAG-04-033 Exhibit D-1 PROJECT MANHOUR REQUIREMENT ESTIMATE INCA Engineers, Inc. City of Renton Bridge Repair Analysis and Design Fee Proposal MAJOR TASK DESCRIPTION Project Principal Project Manager Project Engineer Staff Engineer Tech. Support Clerical TOTAL .DESIGN SERVICES 1 Management and Coordination 4 4 8 2 Meetings 4 4 3 Analysis, Design and Detail of the Following 4 42 46 - I op and Bottom Hange Reintorements including Connections - Girder Brackets 2 24 26 4 Prepare Contract Drawings 12 120 132 (estimate 6 drawings) 5 Prepare Special Provisions 16 16 6 Prepare Quantity and Cost Estimate 4 8 12 7 Perform Quality Control 6 6 8 Prepare Load Rating for Retrofitted Bridge 4 28 2 34 9 Submittals - 60% Submittal 2 4 6 - Incorporate 60% Review Comments 2 4 8 14 - Final Plans, Special Provisions and Estiamte 2 8 10 Subtotal Design Services 24 120 24 128 18 314 Page 4 of 5 TJGroups/Structural/Pending/City of Renton/Contracts/Exhibit 0-1 TASK INCA CAG-04-033 Exhibit D-1 PROJECT MANHOUR REQUIREMENT ESTIMATE INCA Engineers, Inc. City of Renton Bridge Repair Analysis and Design Fee Proposal Project Project Project Staff Tech. MAJOR TASK DESCRIPTION Principal Manager Engineer Engineer Support Clerical TOTAL CONSTRUCTION SERVICES (Services to be provided on an hourly Basis, as required) 1 Shop Drawing Review 12 24 36 (assume 12 drawings) 2 RFI (assume 8 RFIs) 2 16 18 3 Site Visit and Meetings 24 4 28 (assume 6 site visits) 4 Management and Coordination 12 6 18 (assume 3 months, 4 hrs per month) Subtotal Construction Services 38 28 24 10 100 TOTAL ALL TASKS 62 148 48 128 28 414 Page 5 of 5 TJGroups/Structural/Pending/City of Renton/Conbaote/Exhibit D-1 TASK INCA CAG-04-033 Exhibit D-2 Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Overhead Profit Rate @ 156.58% @ 15% Per Hour Project Principal $ 62.00 $ 97.08 $ 9.30 $ 168.38 Project Manager $ 51.00 $ 79.86 $ 7.65 $ 138.51 Project Engineer $ 42.00 $ 65.76 $ 6.30 $ 114.06 Staff Engineer $ 32.00 $ 50.11 $ 4.80 $ 86.91 Technical Support (CADD) $ 26.50 $ 41.49 $ 3.98 $ 71.97 Clerical $19.50 $ 30.53 $ 2.93 $ 52.96 EXHIBIT E - CAG-04-033 INCA Engineers, Inc. Overhead Schedule December 31, 2002 Ledger Accepted Description Amount Adj. ReL Amount % Direct Labor Base $3,508,725 ($18,699) A .. $3,490,026 Salary Overhead Payroll Taxes $501,867 $501,867 14.38% Holiday,Vac.,Sick Leave 681,229 681,220 19.52% Group Benefits 242,435 242,435 6.95% Total Salary Overhead $1,425,531 31,-0331 /o G&A Expenses indirect -Wages $2,037,678 (S2,398) A S2,035,280 58320/6 Pension Plan Contribution 177,919 177,919 5.101/0 Recruiting 18,100 18,100 0.52% Office Administration 73,669 (11,862) B 61,807 1.7No Postage . 6,767 6,767 0.190/0 Bank Charges.. 1,200 1,200 0.03% BookUPubsiDues/Subscziptions 28,303 (2,400) C _ - 25,903 0.740h Seminars and Training 13,603 13,603 0.390/a Bus Passes 13,110 13,110 0.380/a Express Mail 14,353 14,353 OA1% Meetings and Conferences 47,011 (11,750) D 35,261 1.01% Auto Mileage and Parking -105,707 ' (32,347) E 73,360 2.100/a Travel Expenses 50,955 (12,739) F 38,216 1.100/0 Printing 13,397 (3,539) G 11,948 0.34% Office & Computer Supplies 117,721 117,721 3.37% Telephone 80,443 80,443 2.36% Maintenance/repairs 49,185 491185 lA1% .Miscellaneous 7,562 7,362 0.22% Insurance 123,572 123,572 3.540/a Professional. -Services 46,410 (3,060) H 43350 124% Renf 617,721 617,721 17.70% Depreciation 205,831 13,419 J 219750 6.28% Business Taxes 219.948 219,948 630% Cost of Money 36,524 (2,906) K 33.618 ON% Total G&A Expenses $4,109,09. (S99,58 ' r, MW r /o Total Overhead Expenses 55,534,210 ($69,582) S5,464.628 156.58% • Overhead Rate 157.73% 15648% ti Page 2 CAG-04-033 Exhibit F Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Transportation Division Staff Contact...... Ryan Zulauf, x7471 Subject: Renton Municipal Airport AT&T Lease Agreement Exhibits: AT&T Lease Addendum 03 . AI N: For Agenda of: August 23, 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business.... _ . . Study Sessions...... Information........ . Recommended Action: Approvals: Legal Dept......... X Refer to Transportation Committee Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $10,533.14/year Total Project Budget City Share Total Project.. SUMMARY OF ACTION: AT&T leases a corridor of land from the Renton Airport for a fiber optic line that covers approximately 91,905 square feet of ground space at the Airport. The lease was entered into in November 1987, and provides for a periodic renewal of the lease and an increase in the annual ground rental rate. This addendum extends the term of the lease for an additional ten (10)-year period, to expire on October 31, 2012, and increases the rental rate from $0.30 to $0.3473 per square foot per year, based on the Consumer Price Index -Urban for the Seattle area. STAFF RECOMMENDATION: Staff recommends approval of Addendum 03-04 to AT&T's Fiber Optic Lease Agreement, PAG-87- 001, for the extension of the lease agreement and adjustment of annual ground rent.. H:Trans/Agenda2004/AT&T Addendum ag bill CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 23, 2004 TO: Don Persson, Council President Members of the Renton City Coun�ccil, VIA: Mayor Kathy Keolker-Wheeler-��I��""" FROM: Gregg Zimmermar&&nistrator STAFF CONTACT: Ryan Zulauf, x7471 SUBJECT: Renton Municipal Airport AT&T Lease Agreement ISSUE: Staff seeks approval of an AT&T lease addendum. RECOMMENDATION: Staff recommends approval of Addendum 03-04 to AT&T's Fiber Optic Lease Agreement, PAG-87-001, for the extension of the lease agreement and adjustment of annual ground rent. BACKGROUND: AT&T leases a corridor of land from the Airport for a fiber optic line. The lease was entered into in November 1987, and provides for a periodic renewal of the lease and an adjustment to the annual ground rent. Addendum 03-04 extends the term of the lease for an additional ten years to expire on October 31, 2012, and increases the annual rent from $9,098.60 to $10,533.14, based on the Consumer Price Index -Urban for the Seattle area. This lease addendum was brought forward through the agenda bill process in 2003. However, the addendum was pulled from the process to see if the City could use this addendum to obtain a fiber optic line from the Airport Control Tower to the West Hill Reservoir for the City's wireless system. AT&T Lease Addendum 03-04 August 23, 2004 Page 2 The federal grant assurances given by the City to the Federal Aviation Administration (FAA) prohibit diversion of Airport revenue for non -airport purposes. Therefore, the revenue from this lease addendum could not be used to finance the fiber optic line since there is no need at this time for wireless service at the Airport. Discussions with AT&T representatives to provide the requested fiber optic connection to the West Hill Reservoir as part of the City agreeing to renew the lease were unsuccessful. A letter in response to the City's request is attached. Attachment cc: Susan Campbell/Teana Walker Connie Brundage H:Trans/Agenda2004/AT&T Issue6-24-04 AT&T Luis. 1. Oncga 1200 Peacbu« St., NE Room 7050 Atlanta, Ocorgia 30309 lionega@an.com April 21, 2004 (Letter sent via facsimile and by airborne express mail) City of Renton Mr. Ryan C. Zulauf Airport Manager 1055 South Grady Way Renton, Washington 98055 RE: Addendum to Property Lease Agreement Between City of Renton & AT&T Dear Mr. Zulauf: With this letter, I am clarifying that AT&T has exercised its option to renew the Property Lease Agreement with the City of Renton when it signed Addendum No. 3 in March 2003. Addendum No. 3, which AT&T signed, was negotiated in good faith and it was acceptable to both AT&T and the City of Renton. AT&T continues comply with all the terms and conditions of its lease and continues to maintain its facilities in good condition. I believe AT&T has had a solid business relationship since AT&T installed its buried cable facility in October 1987. The revised Addendum No. 3, which the City of Renton drafted in October 30, 2003, and without AT&T concurrence, whereas, at AT&T's costs, AT&T is to provide to the City of Renton six (6) strands of single mode fiber, terminated to City of Renton Standards, between the airport and the West Hills reservoir, utilizing AT&T owned conduit. This new requirement. was initially requested by George McBride of the City of Renton. Mr. McBride even suggested a credit to the AT&T yearly right -of --way fee payment to offset the AT&T costs for providing fiber to the City of Renton between the airport and the West Hills reservoir. Nevertheless, AT&T does not have a conduit facility between the airport tower and the West Hills reservoir, therefore, this new condition demand is not an option. I consider Addendum No. 3 that was negotiated between the City of Renton and AT&T during the 2002/2003 period, which AT&T did signed in March 2003, a valid contract. Sincerely, 4 �uisrte Right of Way Engineer (404) 810-4416 2002. PAG # 87-001 Addendum 403-04 ADDENDUM TO PROPERTY LEASE AGREEMENT (City of Renton to American Telephone & Telegraph Company) THIS ADDENDUM to Property Lease Agreement PAG #-87-001 is effective as of November 1, RECITALS WHEREAS, the City of Renton, as Grantor, approved on November 30, 1987, and the American Telephone & Telegraph Company (AT&T), as Grantee, accepted, on October 21, 1987, a property lease agreement for a corridor of land fifteen (15) feet in width and running along the Grantee's fiber optic line which runs through the Renton Municipal Airport, and WHEREAS, the initial term of the property lease agreement was extended for a period of five (5) years, expiring on October 312002, and WHEREAS, Grantee desires to renew and continue this property lease agreement for another ten (10) year period beginning November 1, 2002, and ending October 31, 2012. WHEREAS, the parties desire to make periodic adjustments to the land rental rate based on the Consumer Price Index —Urban on or before October 31, 2007. NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND AT&T AS FOLLOWS: WITNESSETH 1. The term of this property lease agreement shall be effective November 1, 2002, and shall expire October 31, 2012. 2. The Grantor and Grantee do hereby agree to an annual land rent of $10,533.14 for the 91,905 square feet identified in Property Lease Agreement, PAG-001-87. 3. Grantor and Grantee do farther agree that the difference between the CPI-U of the second half of 1997 to December 2002, is 15.78% (190.0-164.1 = 25.9/164.1=0.1578 or 15.78%) This results in an annual rental rate increase from $0.30 to $0.3473 per square foot (33% of $31,918.61/91,905 = $0.3473). 4. Grantor and Grantee do hereby agree that the annual land rent rate in Paragraph 2 shall remain in effect until October 31, 2007, and, effective that date the rental rate shall automatically be readjusted by and between the parties as specified in this property lease addendum, using the increase of the Consumer Price Index, and for each five (5) year period thereafter. Minimum base rental for any extended period, shall not be less than the current annual rental of 33% of $31,918.60. 5. Grantor and Grantee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index -Urban (CPI-U) then in effect for all urban consumers, as published by the US Department of Labor for the Seattle -Tacoma Metropolitan Area. 6. Grantor and Grantee do hereby further agree that at least thirty (30) days prior to the Rental Adjustment Date either party shall, if they desire to adjust the base land rental rate for the ensuing five (5) year period by a means other than the Consumer Price Index -Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). PROPERTY LEASE AGREEMENT ADDENDUM NO.3 City of Renton to American Telephone & Telegraph Company PAG # 87-001 Addendum #03-04 7. In the event the property lease agreement expires without either party having given notice to renew, this lease shall become a year-to-year lease, and the annual rent shall continue to be due each year until either party gives notice prior to the annual expiration date of October 31, of their intent to terminate the lease_ 8. All other terms and conditions of the original Property Lease Agreement shall remain in full force and effect. American Telephone & Telegraph Company CITY OF RENTON Kathy Keolker-Wheeler, Mayor ATTEST: Bonnie Walton, City Clerk Approved as to form City Attorney PROPERTY LEASE AGREEMENT City of Renton to American Telephone & Telegraph Company ADDENDUM NO.3 CITY OF RENTON COUNCIL AGENDA BILL AlCZ #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division August 23, 2004 Agenda Status Staff Contact...... Tom Malphrus, x-7313 Abdoul Gafour, x7210 Consent .............. X Public Hearing.. Subject: Consultant Agreement with Casne Engineering, Inc. Correspondence.. for Water System Emergency Power Study Ordinance ............. Resolution........... . New Business....... Exhibits: Issue Paper Study Sessions...... Engineering Annual Consultant Agreement Information......... Recommended Action: Approvals: Legal Dept......... X Council Concur Finance Dept...... X Other. Fiscal Impact: Expenditure Required $16,056.00 Transfer/Amendment Funding to be provided from 2004 CIP budget account no. 421.500.18.5960.34.65.55160 Amount Budgeted $19,056.00 Revenue Generated N/A Total Project Budget $19,056.00 City Share Total Project $19,056.00 SUMMARY OF ACTION: The Water Utility requests approval of a Consultant Agreement with Casne Engineering, Inc., to provide preliminary design and cost estimates to provide emergency power generation for Wells 1, 2 & 3, the Mt. Olivet Booster Pump Station and the North Talbot Hill Booster Pump Station. STAFF RECOMMENDATION: The Water Utility recommends that Council authorize the Planning/Building/Public Works Administrator to execute the Consultant Agreement with Casne Engineering, Inc., in the amount of $16,056.00. The Water Utility also recommends Council's approval to fund the total cost of $19,056.00 of this project through the Emergency Response Plan Update project budget, account no. 421.500.18.5960.65.55160. No additional appropriation is required. H:\File Sys\WTR - Drinking Water Utility\WTR-13 - Studies & Project Development\WTR-13-OOXX - Emergency Power System Study\agenda- bill.doc\AGtp CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 16, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: Mayor Kathy Keolker-Wheeler -KW FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Tom Malphrus, x-7313 Abdoul Gafour, x-7210 �► SUBJECT: Consultant Agreement with Casne Engineering, Inc., for Renton Water System Emergency Power System Study ISSUE: The Water Utility requests approval of a Consultant Agreement with Casne Engineering, Inc., to provide preliminary design and cost estimates to provide emergency power generation for Wells 1, 2 & 3, the Mt. Olivet Booster Pump Station and the North Talbot Hill Booster Pump Station. RECOMMENDATION: The Water Utility recommends that Council authorize the Planning/Building/Public Works Administrator to execute the Consultant Agreement with Casne Engineering, Inc., in the amount of $16,056.00. The Water Utility also recommends Council's approval to fund this project through the Emergency Response Plan Update project budget. No additional appropriation is required. BACKGROUND SUMMARY: The Water Utility is involved in an ongoing effort to improve the reliability of the water supply system. System reliability is critical during manmade or natural disasters when water is needed for fire protection and emergency reserve. The Water Utility has a 500 kW portable generator stored at the City's maintenance shops and a 125 kW portable generator docked at the Highlands Booster Pump Station. Both generators can be moved into position to power various water system facilities, however both generators are limited in the number of booster pumps or well pumps that they can power. In addition, 8/16/2004 Page 2 in an emergency, both generators have to be moved into position, connected and energized before they are of use. The Water Utility wishes to explore the option of housing the existing 500 kW generator in a permanent structure and connecting it to Wells 1, 2 & 3. An automatic transfer switch will instantly energize the generator to operate the wells during a power failure. The Water Utility also would like to explore the option of purchasing two new portable generators, docking one at the Mt Olivet Booster Pump Station and the other at the North Talbot Booster Pump Station and providing each with an automatic transfer switch capable of energizing the generator and running the pump station during a power failure. The Water Utility has selected Casne Engineering, Inc., from the City of Renton 2004 Annual Consultant Roster, based on their experience with the City of Renton Water System and their knowledge of emergency power generation. The consultant contract cost is $16,056.00 and the estimated City staff time for project management is $3,000.00, bringing the total project cost to $19,056.00. The Water Utility did not budget for this study in our 2004 Capital Improvement Project, however funding is available from other project budgets without additional appropriation. The Water Utility requests Council's approval to fund this contract from the available 2004 budget for the Update of the Water System Emergency Response Plan, account no. 421.000500.018.5960.0034.65.055160. The update of the plan has been delayed until we complete the update of the Comprehensive Water System, which is now in progress. CONCLUSION: In an effort to continue to improve water system reliability, the Water Utility would like to look at the option of providing Wells 1, 2 & 3, the Mt. Olivet Booster Pump Station and the North Talbot Booster Pump Station with dedicated emergency power supply. The Water Utility has selected Casne Engineering, Inc., to perform preliminary engineering and cost estimates for this work. HAFile Sys\WTR - Drinking Water Utility\WTR-13 - Studies & Project Development\WTR-I3-OOXX - Emergency Power System Study\revised-Issue-Paper. doc\TMtp ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of , 2004, by and between the CITY OF RENTON, WASIUNGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and Casne Engineering, Inc., whose address is 10604 NE 38th PI, Suite 205, Kirkland, WA 98033, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Renton Water System Emergency Power System Study WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name fling with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. H DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: C:\Documents and SettingsWa\Local SettingsUemporary Internet Fi1es\0LK7E\CasneAgreement.doc Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, 'Bridge Design Manual, Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation,. "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3, 4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, "studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. CADocuments and SettingsWa\Local Settings\Temporary Internet Files\0LK7E\CasneAgreement.doc IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations, for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing -arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. C:\Documents and SettingsWa\Local SettingsUemporary Internet Fi1es\0LK7E\CasneAgreement.doc VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed $ 16,056.00 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non -salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. 2. The overhead costs are determined as 172 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction, telephone, supplies, and fees of outside consultants. The direct non -salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non -salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of 1.1 times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be 10 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section V1II "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. CADocuments and Settings\kla\Local Settings\Temporary Internet Files\0LK7E\CasneAgreement.doc To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. C:\Documents and Settings\kla\Local Settingffemporary Internet Fi1es\0LK7E\CasneAgreement.doc The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and Interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non - Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. CADocuments and Settings\kla\Local Settings\Temporary Internet Fi1es\0LK7E\CasneAgreement.doc C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work, the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or his/her successors and delegees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. C:\Documents and SettingsWMLocal Settings\Temporary Internet Files\0LK7E\CasneAgreement.doc The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees and (b) the City, its agents, officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2.0 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "Additional Insured" on all contracts/projects. The Consultant's insurance policy shall be endorsed to add the City of Renton as an Additional Insured. A copy of the endorsement shall be provided to the City. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' written notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. CADocurnents and SettingsWa\Local SettingsUemporary Internet Files\OLK7E\CasneAgreement.doc XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT 1400 df 13 ignature Date type or print name . Title CITY OF RENTON Gregg Zimmerman, Administrator Date CADocuments and SettingsWMI-oval Settingffemporary Internet Fi1es\0LK7E\CasneAgreement.doc EXHIBIT A SCOPE OF WORK We understand the project to be the preliminary design and budgetary cost estimating of the below system features. Cost estimates will include budgetary costs for construction, design and construction assistance. Wells 1, 2 & 3 - The City of Renton has a 500 kW mobile sound attenuated generator which it can park at Wells 1,2 & 3, connect to the 480-volt bus by a manual transfer switch and opporate all three wells simultaneously. We will study the option of storing the generator at the Mount Olivet Reservoir site, housing it in a building, wiring it to allow for automatic energization, providing it with a step up transformer, and running 15 kV cable down through existing conduits to the existing 15 kV automatic transfer switch at Wells 1, 2 & 3. We will walk the existing conduit run to determine what improvements are required for pulling and to meet NEC code provisions and verify that spares still exist. We will check with Byron Wilson, the Renton Electrical Inspector on any code issues. I suggest we also look at housing the existing genset at Wells 1, 2 & 3 with a 480-volt automatic transfer switch, since the Aquifer Protection requirements have been relaxed. Mount Olivet Booster Pump Station — This station does not have standby power. We will estimate the cost for a dedicated mobile engine generator with sound attenuation dedicated to this station. The two mobile gensets would be housed in a building and provided with control wiring for automatic start and transfer during loss of utility power. We will cost both a pre-engineered metal building and a masonry block building. We will pre design for 70 db at the property line to comply with City codes. North Talbot Booster Pump Station — This station does not have standby power. . We will estimate the cost for a dedicated mobile engine generator with sound attenuation dedicated to this station. The mobile genset would be housed in a building and provided with control wiring for automatic start and transfer during loss of utility power. BASIC ENGINEERING SERVICES INCLUDE Our pre -designs will include the following Items: 1. One line diagram with demand calculations. 2. Control wiring cables identified for starting and reporting to SCADA. 3. Plan sketch of the existing and new equipment to show adequate clearances. Our cost estimates will include: 1. The major equipment, conduit and wire runs. 2. Miscellaneous allowances for balance of facilities and contractor markups. 3. Square foot costs for metal and block building construction based on the City's recent experience. 4. Design fee estimates for 2005 budget. 5. Assistance during construction fee estimates to include submittal reviews, site visit, contractor questions and start up and punch list and record drawings. All deliverables will be provided in electronic copy and 6-hard copies. C:\Documents and SettingsWa\Local Settings\Temporary Internet Fi1es\0LK7E\CasneAgreement.doc FURNISHED MATERIALS It is agreed that the following materials and data will be provided to us at no cost. 1. Most current site plans and one -line diagrams for the facilities. 2. Construction costs for recently completed metal and block buildings. WORK NOT INCLUDED IN BASIC SERVICES Work beyond that shown in the Scope of Work. Replacement of the remote telemetry units. Replacement of starters or service switchgear. Our fee estimate is attached and details the tasks outlined above. We will bill on a monthly basis up to the maximum shown in our estimate. C:\Documents and SettingsWa\Local Settingffemporary Internet Files\0LK7E\CasneAgreement.doc Exhibit B Schedule Items 1 — 4 in Exhibit C, Cost Estimate, will be completed by August 31, 2004. In general, the work will be completed in the following manner. Item Completion Date Site Visit & Current Drawings August 6, 2004 Predesign August 18, 2004 Budgetary Cost Estimates August 25, 2004 Compile Study August 31, 2004 CADocuments and SettingsWa\Local Settings\Temporary Internet Files\OLK7E\CasneAgreement.doc Exhibit C Cost Estimate Description of Task Project Senior Engineer Designer Auto Clerical (WP) Total Manager Engineer (ENG1) (DES) CAD (PM) (SE2) (CAD) $124 $118 $106 $84 $70 $54 1. SITE VISIT & UPDATED DRAWINGS 6 6 $1,452 2. PREDESIGN WELLS 1, 2 & 3 ONE LINE DIAGRAM 4 4 $752 WELLS 1, 2 & 3 BUILDING PLAN 4 4 $752 WELLS 1, 2 & 3 15 KV CONDUIT PLAN 8 6 $1,364 OLIVET BOOSTER PS ONE LINE DIAGRAM 4 4 $752 OLIVET BOOSTER PS BUILDING PLAN 4 4 $752 N TALBOT BOOSTER PS ONE LINE DIAGRAM 4 4 $752 N TALBOT BOOSTER PS BUILDING PLAN 4 4 $752 3. BUDGETARY COST ESTIMATES WELLS 1, 2 & 3 CONSTRUCTION COST 6 $708 WELLS 1, 2 & 3 DESIGN FEE ESTIMATE 2 $248 WELLS 1, 2 & 3 CONSTR ASSIS FEE ESTIMATE 1 $124 OLIVET PS CONSTRUCTION COST 6 $708 OLIVET PS CONSTR ASSIS FEE ESTIMATE 2 $248 OLIVET PS CONSTR ASSIS FEE ESTIMATE 1 $124 N TALBOT PS CONSTRUCTION COST 4 $472 N TALBOT PS DESIGN FEE ESTIMATE 2 $248 N TALBOT PS COSTR ASSIS FEE ESTIMATE 1 $124 4. COMPILE STUDY WRITE SECTIONS & COMPILE 6 $708 MEET WITH CITY TO REVIEW 3 3 $726 REVISE & ISSUE 6 COPIES 2 3 4 $818 5. DESIGN & CONSTRUCTION ASSISTANCE 2 24 4 $3296 Total Hour 22 90 30 8 SUBTOTA $15,880 $176 Expenses TOTAIJ $16,056 C:\Documents and Settings1da\Local Settings\Temporary Internet Files\01,K7E\CasneAgreement.doc F TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT August 23, 2004 APPROVED BY CITY COUNCIL Date-a3-a00 Proposed Street Name Change: SW 41" Street to SW IKEA Way (June 7, 2004) The Transpo—Ra—ti-of-tGommittee has evaluated issues surrounding the proposed e change of SW 41st Street to SW IKEA Way. Business response was mixed and almost evenly divided. Additionally, discussions with the Washington State Department of Transportation (WSDOT) conclude that WSDOT could not change the sign on SR 167 unless the street name was formally changed for the full length of the street. To make a balanced decision, the Transportation Committee has also reviewed the contributions that IKEA has made ,to the City. Thesecontributions are extraordinary and. unique. Besides a major source of retail' sales tax, they" contribute to the Renton School District, Renton Technical College, Renton River Days, and the Performing Arts Center. These contributions go beyond expectations and are important elements .to creating a diverse and vibrant community. The Transportation Committee understands the concerns of the businesses along SW 415t Street. At the same time; IKEA's' contributions ;to the community at large affect hundreds of people and positively changes their,lives4hrough. education, arts, and community festivities:. Changing the street name is a way "of recognizing these extraordinary and unique" contributions. Consequently, the Transportation Committee',recorrimends that SW 41 st Street . be renamed to SW IKEA Way. Marcie Palmer!, Chair /Randy—Corman, Vice Chair Terri riere, Member cc: Connie Brundage Judy Wright 7qn eoAklin . TransGnmtteRpt08-19-04balversion.doc\ Alen P/e+sck De.FJAIs ewp 6arrq %Tvid efs0A GM35 ,Zimnierrnan Larry Warren Lea Wheeler M rckael Webby Vic.+orla RumKle. rev 01/04 bh TRANSPORTATION (AVIATION) COMMITTEE COMMITTEE REPORT August 23, 2004 Apron C Utilities Project Budget Amendment (Referred August 16, 2004) AP PP0VED BY � Qrf COUNCIL ®ate K a3_ aaoy ' The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve an amendment to the 2004 'Capital Improvement Program for the Apron C Utility Project for the purpose of completing the final improvements ¢due to changed conditions and a modified scope of work in the amount of $420;968 coming from the Airport Reserve Fund: . The Committee further recommends,.,that the Council appropriate and adjust the 2004 budget for the Apron C Utility Project -to $740.605. 3 Te i r3riere, Member cc: Ryan Zulauf Susan Campbell Connie Brundage 1/ic-4orla RL"e, 5t lvia-Dor-rsche�l H:Trans/Admin/commreport/2004/Apron C Budget Amendment 8-9-04 Te i r3riere, Member cc: Ryan Zulauf Susan Campbell Connie Brundage 1/ic-4orla RL"e, 5t lvia-Dor-rsche�l H:Trans/Admin/commreport/2004/Apron C Budget Amendment 8-9-04 PLANNING AND DEVELOPMENT COMMITTEE Ci l COUNCIL COMMITTEE REPORT Date ,Fj 3- A00 ( , August 23, 2004 Extend and modify the Owner -Occupied Housing Incentives (Renton Code 4-1-210 Waived Fees) Referred August 16, 2004 The Planning and Development Committee recommends concurrence in staff s recommendation to approve the extension and modification of Owner -Occupied Housing Incentives for the Center Downtown (CD) and Residential Multi -Family Urban (RM-U) zoning areas downtown (Renton Code 4-1-210 Waived Fees) to expire on October 1, 2007, unless otherwise extended,by the Council. cc: Alex Pietsch Victoria Runkle Gregg Zimmerman Neil Watts Owner -Occupied Housing Incentives Committee Report 8-04.doc\ PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT August 23, 2004 Annexation Public Meeting & Hearing Notices (7/19/2004) APPROVED By Date a 3- mO The Planning and Development Committee recommends concurrence in the staff recommendation to continue to follow the legal requirements for public meeting and hearing advertisements and postings, and to provide information for citizens as follows: For 10% Notice of Intent to Annex Petitions, the Public Meeting notifications, to be mailed to the submitter and signers of the petition, will consist of copy of the legal notice as advertised, a map of the annexation area, and a letter from the City Clerk requesting attendance at the Public Meeting. For 60% Annexation Petitions, the Public.Heariiig notifications, to be mailed to all property owners in the annexation area, all property owners within 300 feet of the annexation area, and all other interested parties on record, will consist of the legal notice,.a map of..the annexation area, and a handout describing the annexation process,`and comparing services and tax implications for residents in unincorporated King County and in the city. Dan Clawson, Vice Chair Denis W. Law, Member cc: Alex Pietsch Rebecca Lind Don Erickson APPPIOVED BY Mv COUNCIL ®ate F- a 3 -,Q FINANCE COMMITTEE. COMMITTEE REPORT August 23, 2004 Modification of Mayor's City Vehicle Benefit (Referred August 16, 2004) FINANCE COMMITTEE COMMITTEE REPORT August 23, 2004 UP Pi G 0 UN C I L Date - a00el Reclassifications for Positions in: Administrative/Judicial & Legal Services, Legislative, Finance/Information Services, and Planning/Building/Public Works Departments (Referred August 9, 2004) The Finance. Committee recommends concurrence in the staff recommendation to approve. Current Title Grade New Grade Budget Change thru 2004 Lead Judicial Specialist a10 a15 $27,059 Community Relations Specialist n12 n15 $10,944 Accounting Supervisor a13 a19 $16,916 Utility Accounts Supervisor a13 a19 $15,419 re. The above changes are effective January 1 2002. These reclassifications will not require. g �' . � q additional, budget appropriations Current Title Grade New Grade "Budget Change thru 2004 Construction Inspector II; a18 a2'1 $33,485 p . 4 9 084 Inspector a21 a2 $ Lead Construction.p . , The above changes are effective January 1,i2003: 'These: reclassifications will not require additional budget appropriations Current Title Grade New Grade Budget Change thru 2004 City Council. Liaison nl l n1-2 $ 3,109 The, above changes are effective July 1., 2003. ' This reclassif cation will. not require additional budget appropriations ' The Administration also recommends that the City Council, allocate. $116,016.00 from unallocated fund balance in the"general fund among the individual department's budget.to cover the additional costs of these reclassifications: cc: Michael Webby Gregg Zimmerman Victoria Runkle Eileen Flott Joseph McGuire FINANCE COMMITTEE COMMITTEE REPORT August 23, 2004 Creation of a Maintenance Shops Fitness Room (Referred: August 9, 2004) 1 Vlll lwlbull, 1V1GIIIUFl CETY COUNCIL ®ate a3�aoay . Maint. Shops Fitness Room.doc\ Rev 01/04 bh cn,T-v COUNCIL Date g- a.3- C2 FINANCE COMMITTEE COMMITTEE REPORT August 23, 2004 Completion of Fire Station # 12 CAG 02-177 (August 16, 2004 r J 1 LcuttiYicuvui.uvci iii ucuiuiiai �aiiuy finance committee report - FS12 completioin.doc\ Rev 01 /04 bh CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board... City Clerk Staff Contact...... Bonnie Walton SUBJECT: Bid opening on August 18, 2004, for CAG-04-098, Airport Apron C Utilities Project - Electrical Conversion EXHIBITS: Staff Recommendation Bid Tabulation Sheet (three bids) Al11 #: , , FOR AGENDA OF: AGENDA STATUS: Consent......... X Public Hearing.. Correspondence.. Ordinance....... Resolution...... Old Business.... New Business.... Study Session... Other........... RECOMMENDED ACTION: APPROVALS: Legal Dept...... Council concur Finance Dept.... Other. FISCAL IMPACT: Expenditure Required... Transfer/Amendment.. Amount Budgeted........ Revenue Generated... iI Total Project Budget ........ $740,605 City Share Total Project... SUMMARY OF ACTION: Engineer's Estimate: $393,605.76 RECOMMENDED ACTION: ugust 23, 2004 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities. Therefore, staff recommends acceptance of the low bid submitted by Potelco, Inc. in the amount of $360,372.69. CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: August 18, 2004 TO: Bonnie Walton, City Clerk FROM: Leslie Lahndt, x7223f�, SUBJECT: 2004 Apron C Utilities Project — Electrical Conversion CAG-04-098 Bids were opened for the subject project on August 18, 2004. Three bids were submitted. The apparent low bidder was Potelco, Inc. based upon the sum total of schedules A, B, C and D. The Transportation Systems Division recommends that the bid from Potelco, Inc. be accepted and the contract for the subject project inclusive of all schedules be awarded in the amount of $360,372.69. The total project budget is $740,605.00. A bid tabulation including the engineer's estimate is attached. If you have any questions or concerns please give me a call at x7223. Attachment CC. Ryan Plut file Clerk2 Project Title: Renton Municipal Airport Apron C Utilities Project BID DATE: 8/18/2004 @ 2:30 PM Bars Item Unit Est. No. No. Description Quantity A-1 Temporary Water Pollution Control LS 1 A-2 Utility Potholing FA 1 A-3 Resolution of Utility Conflicts FA 1 A-4 Mobilization LS 1 A-5 Removal of Structures and Obstructions LS 1 A-6 Roadway Excavation Incl. Haul CY 48 A-7 Unsuitable Excavation Incl. Haul CY 75 A-8 PSE Vault Excavation LS 1 A-9 Incidental Asphalt Concrete Pavement Cl. B TON 40 A-10 Cement Concrete Pavement - Including Dowels CY 27 A-11 Vehicle Roadway Trenching and Backfill LF 425 A-12 Airside and Misc. Pavement Trenching and Backfill LF 335 A-13 Non -Paved Area Trenching and Backfill LF 1,040 A-14 4" Schedule 80 Conduit, P.V.C. LF 3,960 A-15 4" Rigid Galvanized Steel Conduit LF 100 A-16 Service Panel, NEMA 3R EA 1 A-17 Handhole EA 3 A-18 #4, 600V, THHN/TWHN Wire LF 2,055 A-19 #6, 600V, G Wire LF 625 A-20 #10, 600V, THHN/TWHN Wire LF 3,420 A-21 #10, 600V, G Wire LF 1,140 A-22 #8, 600V, THHN/TWHN Wire LF 2,100 A-23 #8, 600V, G Wire LF 1,000 A-24 #2, 600V, THHN/THWN Wire LF 900 A-25 50A Circuit Breaker EA 1 A-26 20A Circuit Breaker EA 4 A-27 60A Disconnect EA 2 A-28 100A Disconnect EA 2 A-29 Service Meter EA 4 A-30 Electrical Connections and Grounding LS 1 A-31 Paint Line LF 50 A-32 Phone conduit in buildings LF 325 A-33 Install Bollards LS 1 A-34 Gas Line Trenching LF 395 A-35 Gas Service Connection EA 3 Schedule A Total Pacific s Estimate Bid EAmount I Potelco, Inc. Unit Bid Price Amount Gary Merlino Construction Co. Unit Bid Price Amount C.A. Carey Corporation Unit Bid Price Amount 1,600.00 1,600.00 1,000.00 1,000.00 1,000.00 1,000.00 6,000.00 6,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 10, 000.00 10, 000.00 10, 000.00 10, 000.00 10, 000.00 10, 000.00 10, 000.00 10, 000.00 18,000.00 18,000.00 20,000.00 20.000.00 21.600.00 21,600.00 45,000.00 45,000.00 40,000.00 40,000.00 19,000.00 19,000.00 20,000.00 20,000.00 22,000.00 22,000.00 40.00 1,920.00 32.20 1,545.60 35.00 1,680.00 50.00 2,400.00 40.00 3,000.00 34.50 2,587.50 20.00 1,500.00 60.00 4,500.00 6,000.00 6,000.00 7,038.00 7,038.00 10,000.00 10,000.00 3,000.00 3,000.00 150.00 6,000.00 138.00 5,520.00 125.00 5,000.00 200.00 8,000.00 425.00 11,475.00 454.25 12,264.75 500.00 13,500.00 400.00 10,800.00 85.00 36,125.00 33.00 14.025.00 35,00 14,875.00 51.00 21,675.00 70.00 23,450,00 30.00 10,050.00 35.00 11,725.00 51.00 17,085.00 20.00 20,800.00 18.00 18,720.00 35.00 36,400.00 30.00 31,200.00 5.00 19,800.00 3.70 14,652.00 5.00 19,800.00 8.00 31,680.00 50.00 5,000.00 60.00 6,000.00 75.00 7,500.00 100.00 10,000.00 7,500.00 7,500.00 15,000.00 15,000.00 3,000.00 3,000.00 26,000.00 26,000.00 1,500.00 4,500.00 950.00 2,850.00 1.500.00 4,500.00 1,500.00 4,500.00 2.00 4,110.00 2.00 4,110.00 1.30 2,671.50 3.00 6,165.00 1.80 1,125.00 1.80 1,125.00 1.00 625.00 3.00 1,875.00 1.25 4,275.00 1.25 4,275.00 0.60 2,052.00 2.00 6,840.00 1.25 1,425.00 1.25 1,425.00 0.60 684.00 2.00 2,280.00 1.50 3,150.00 1.40 2,940.00 1.00 2.100.00 2.50 5,250.00 1.50 1,500.00 1.40 1,400.00 1.00 1,000.00 2.50 2,500.00 2.50 2,250.00 2.30 2,070.00 1.50 1,350.00 4.00 3,600.00 650.00 650.00 850,00 850.00 750.00 750.00 1,600.00 1,600.00 650.00 2,600.00 850.00 3,400.00 750.00 3,000.00 1,300.00 5,200.00 850.00 1,700.00 950.00 1,900.00 800.00 1,600.00 1,400.00 2,800.00 1,200.00 2,400.00 1,000.00 2,000.00 1,000.00 2,000.00 1,600.00 3,200.00 3,650.00 14,600.00 2,000.00 8,000.00 800.00 3,200.00 3,400.00 13,600.00 12,000.00 12,000.00 20,000.00 20,000.00 15,000.00 15,000.00 29,000.00 29,000.00 4.50 225.00 3.00 150.00 1.00 50.00 5.00 250.00 16.00 5,200.00 20.00 6,500.00 20.00 6,500.00 35.00 11,375.00 4,000.00 4,000.00 5,750.00 5,750.00 7,500.00 7,500.00 4,700.00 4,700.00 35.00 13,825.00 30.00 11,850.00 35.00 13,825.00 51.00 20,145.00 850.00 2,550.00 852.00 2,556.00 1,000.00 3,000.00 1,500.00 4,500.00 297,755.00 245,553.85 253,987.50 383.720.00 8.8 Tax 26,202.44 21,608.74 22,350.90 33,767.36 323,957.44 267,162.59 276,338.40. 417,487.36 Project Title: Renton Municipal Airport Apron C Utilities Project W&H Pacific Potelco, Inc. Gary Merlino C.A. Carey BID DATE: 8/18/2004 @ 2:30 PM Engineers Estimate Construction Co. Corporation Bars Item Unit Est. Unit Bid Unit Bid Unit Bid Unit Bid No. No. Description Quantity Price Amount Price Amount Price Amount Price Amount Bars Item Unit Est. Unit Bid Unit Bid Unit Bid Unit Bid No. No. Description Quantity Price Amount Price Amount Price Amount Price Amount B-1 Roadway Excavation Incl. Haul CY 172 25.00 4,300.00 32.20 5,538.40 35.00 6,020.00 50.00 8,600.00 B-2 Unsuitable Excavation Incl. Haul CY 18 30.00 540.00 34.50 621.00 20.00 360.00 60.00 1.080.00 B-3 Crushed Surfacing Top Course TON 375 35.00 13,125.00 40.25 15,093.75 45.00 16,875.00 35.00 13,125.00 B-4 Incidental Asphalt Concrete Pavement Cl. B TON 225 70.00 15,750.00 80.50 18,112.50 75.00 16,875.00 200.00 45,000.00 B-5 Underdrain LF 56 25.00 1,400.00 70.15 3,928.40 30.00 1,680.00 20.00 1,120.00 B-6 8" DI Storm Pipe LF 160 50.00 8,000.00 46.00 7,360.00 35.00 5,600.00 50.00 8,000.00 B-7 Catch Basin Type 1 EA 2 1,000.00 2,000.00 1,265.00 2,530.00 1,000.00 2.000.00 1,500.00 3,000.00 B-8 Adjust Water Valve Box to Grade EA 6 250.00 1,500.00 230.00 1,380.00 400.00 2,400.00 150.00 900.00 B-9 Adjust Water Meter and Box to Grade EA 2 300.00 600.00 402.50 805.00 400.00 800.00 200.00 400.00 B-10 Adjust Cleanout EA 1 250.00 250.00 287.50 287.50 400.00 400.00 175.00 175.00 B-11 Paint Line LF 280 1.25 350.00 2.75 770.00 1.00 280.00 5.00 1,400.00 47,815.00 56,426.55 53,290.00 82,800.00 8.8 Tax 4,207.72 4,965.54 4,689.52 7,286.40 Schedule B Total 52,022.72 61,392.09 57,979.52 90,086.40 Bars Item Unit Est. Unit Bid it Bid Unit Bid Unit Bid No. No. Description QuantityPrice Amount Price Amount Price Amount Price Amount C-1 Contaminated Soil Excavation Day 1 4,850.00 4,850.00 5,750.00 5,750.001 1,500.00 1,500.00 IF 2,500.00 2,500.00 4,850.00 5,750.00 1,500.00 2,500.00 8.8 Tax 426.80 506.00 132.00 220.00 Schedule C Total 5,276.80 6,256.00 1,632.00 2,720.00 Project Title: Renton Municipal Airport Apron C Utilities Project BID DATE: 8/18/2004 @ 2:30 PM Bars Item Unit Est. No. No. Description Quantity Bars Item Unit Est. No. No. Description Quantity D-1 Precast Cement Concrete Vault EA 1 D-2 6" Dia. PVC Sanitary Sewer Pipe LF 27 Schedule D Total W&H Pacific Engineers Estimate Unit Bid Price Amount Potelco, Inc. Unit Bid Price Amount Gary Merlino Construction Co. Unit Bid Price Amount C.A. Carey Corporation Unit Bid Price Amount Unit Bid IF Unit Bid it Bid Unit Bid Price Amount I Price Amount Price Amount Price Amount 10,000.00 10,000.00 20,700.00 20,700.00 22,000.00 22,000.00 9,000.00 9,000.00 50.00 1,350.01, 103.50 2,794.50 80.00 2,160.00 100.00 2,700.00 $ 11,350.00 $ 23,494.50 $ 24,160.00 $ 11,700.00 8.8 Tax 998.80 2,067.52 2.126.08 1,029.60 12,348.80 25,562.02 26,286.08 12,729.60 TOTAL BID SCHEDULES A, B, C, and D $ 393,605.76 $360,372.69 $362,236.00 $523,023.36 CITY OF RENTON BID TABULATION SHEET 'ROJECT: Airport Apron C Utilities Project - Electrical Conversion; CAG-04-098 DATE: August 18, 2004 FORMS BID Combined BIDDER Affidavit & Bid Addenda Sub Includes 8.8% Sales Tax Cert. Form Bond Form List C.A. Carey Corporation X X X X $523,023.36 PO Box 1006 Issaquah, WA 98027 Steve Murdock Gary Merlino Const. Co., Inc. X X X $362,236.00 9125-10th Ave. S. Seattle, WA 98108 Gary Merlino Potelco, Inc. X X X X $360,372.69 14103 8th St. E. Sumner, WA 98390 Greg J. Davis ENGINEER'S ESTIMATE TOTAL: $393,605.76 LEGEND: Forms: Combined Affidavit & Certificate Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage; Sub List: Sub -contractor list i RUG—lb-2UU4 14: ,S.S Warren tiaroer & rontes h'. U-5/bb CITY OF RENTON, WASIIINGTON RESOLUTION NO. .3711 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (HONEY BROOKE DIV. III; FILE NO. LUA- 04-067FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public: Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 HUU-ltf-GYJU4 14•J4 warren zaroer Gk ronies r.VJ4iUt) RESOLUTION NO. (The groperty, consisting of approximately 4.42 acres, is located in the vicinity of NE 5 St., Ilwaco Ave. NE, NB 5 PL and Jericho Ave. NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated August 13, 2004. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY T HF. MAYOR this day of , 2004. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1066:8/18/04:ma RUG-18-2004 14:34 Warren barber 6 rontes r.e�ibb CORE DESIGN, INC. BELLEVUE WA 98007 EXHIBIT "A" Legal Description PARCELI: Core Project No: 02009 6/1 /04 PARCEL A AND B OF LOT LINE ADJUSTMENT 20040304900004, ACCORDING TO THE LOT LINE ADJUSTMENT THEREOF RECORDED MARCH 4, 2004 UNDER KING COUNTY RECORDING NO.20040304900004. EXCEPT ANY PORTION CONVEYED UNDER RECORDING NO. 200405240005 85, 20040524000586 AND 20040524000587. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON KING COUNTY SHORT PLAT NO. 776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO. 7904120866. PARCEL 2: LOT 3 OF KING COUNTY SHORT PLAT NO.776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO. 7904120866. EXCEPT ANY PORTION CONVEYED UNDER RECORDING NO. 20040524000587. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON KING COUNTY SHORT PLAT NO.776004, ACCORDING TO THE SHORT PLAT THEREOF RECORDED APRIL 12, 1979 UNDER KING COUNTY RECORDING NO. 7904120866. PARCEL 3: THE EAST 150 FEET OF THE WEST 480 FEET OF THE NORTH 330 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSFUP 23 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON; TOGETHER WITH ADDITIONAL APPURTENANT REAL PROPERTY, WHICH ATTACHED THERETO BY OPERATION OF LAW AS A RESULT OF DECREE OF COURT QUIETING TITLE IN KING COUNTY SUPERIOR COURT CAUSE NO.90-2-0038-9 ENTERED MARCH 19,1992 AND THE CONTENTS OF SAID DECREE ARE EXPRESSLY INCORPORATED HEREIN BY THIS REFERENCE TO DESCRIBE SAID ADDITIONAL PARCEL. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE NORTH 360 FEET OF THE WEST 480 FEET OF SAID SUBDIVISION; EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR THE ROAD UNDER RECORDING NO. 3042808. 02009L07 HUU-1C-Gbb4 14;,34 warren zarcer & ronze NONE. Y BROOK QlV 3 I �MINTY AaIAP N NOT TO SCALE ra7RNC29rhvkM,n'r0� C 0 /DESIGN E'NGiNEEUNC • PLANNiN•G ' SURVEYING .JIB Nd_ d2009 Y TOTAL P.06 CITY OF RENTON, WASHINGTON RESOLUTION NO. S 71A A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH KING COUNTY ENTITLED "COMMUTE TRIP REDUCTION ACT IMPLEMENTATION AGREEMENT." WHEREAS, the City of Renton, pursuant to the Commute Trip Reduction Act, is required to develop and implement commute trip reduction plans; and WHEREAS, the Legislature has appropriated funds to provide technical assistance funding to the City; and WHEREAS, the Washington State Department of Transportation, by law, distributes these funds to the counties, which in turn distributes the funds to the cities; and WHEREAS, the County and the City desire to have the County perform certain tasks on behalf of the City; and WHEREAS, it is necessary to document the terms and conditions under which the County will perform such tasks on behalf of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION H. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement with King County entitled "Commute Trip Reduction Act Implementation Agreement" and later similar contracts that have the same general purpose, terms and funding. 1 .y RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney RES.1056:7/15/04 Kathy Keolker-Wheeler, Mayor 2004. 2 • �=a3�aoa� CITY OF RENTON, WASHINGTON RESOLUTION NO. 37/3 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING PROVIDING A CAR ALLOWANCE TO THE MAYOR IN LIEU OF PROVIDING A CITY VEHICLE. WHEREAS, the executive office of the City has routinely obtained an automobile from the equipment rental fund at the approximate expense of $9,700 per year; and WHEREAS, in deference to the important duties of the Mayor, that executive office car has been traditionally used by the Mayor for official business; and WHEREAS, the various mayors have made an election as to whether or not to drive the executive vehicle to the Mayor's residence or to leave it at City Hall; and WHEREAS, those mayors choosing to leave the executive automobile at City Hall have to drive to City Hall in their private automobile and exchange their private automobile for the executive automobile; and WHEREAS, such a system has proven inefficient in certain instances; and WHEREAS, the City Council wishes to provide flexibility to the Mayor with regard to provision of transportation for the Mayor for the Mayor's official duties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The City Council authorizes the provision of a car allowance to the Mayor in the sum of $400 per month ($4,800 per year) in lieu of the executive automobile. 1 ,. RESOLUTION NO. O SECTION III. The City Council further authorizes the Mayor to elect to continue to have the executive automobile provided for the Mayor's use for official duties should the Mayor not desire to have an automobile allowance. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1064:8/11/04:ma Bonnie I. Walton, City Clerk 2004. day of , 2004. Kathy Keolker-Wheeler, Mayor 2 w CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CONTIGUOUS UNINCORPORATED TERRITORY KNOWN AS THE TYDICO SITE ANNEXATION, BY THE ELECTION METHOD, SETTING THE TAXATION RATE, AND FIXING THE EFFECTIVE DATE OF THE ANNEXATION. WHEREAS, after public hearing, the City Council enacted a resolution calling for an annexation by election under RCW 35A.14.015 for an area commonly referred to as the Tydico Annexation, which area is the 9.61-acre property generally bounded by the centerline of NE 3`d Place, if extended, on the north; the centerline of SE 132"d Street, if extended, on the south; 1341h Avenue, if extended, on the west; and, Bremerton Avenue NE on the east, legally described in Exhibit A attached hereto and incorporated by reference as if fully set forth; and WHEREAS, said resolution also called for an election on a proposition that the property in the Tydico Annexation should be subject to existing bonded indebtedness; and WHEREAS, said resolution also called for an election on the proposition that all property located within the territory to be annexed, excluding street right-of-ways, simultaneous with the annexation, shall have imposed the City of Renton zoning regulations, with a Comprehensive Plan designation of Residential Single Family (RS) and a zoning designation of R-8; and WHEREAS, an election was held pursuant to State statute; and WHEREAS, said proposed annexation had been submitted to and approved by the King County Boundary Review Board; and WHEREAS, in the September 16, 2003, election for the Tydico Annexation, the assumption of indebtedness was approved by the voters; and ORDINANCE NO. V I WHEREAS, the election results certifying a sufficient majority to permit annexation of the area have been received by the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. There has been filed with the City Council of the City of Renton, Washington, certified election results indicating a sufficient majority was received approving the Tydico Annexation to the City of Renton and such annexation has been approved by the Washington State Boundary Review Board for King County. The City Council finds it to be in the best interest of the citizens of the City of Renton to annex and does hereby annex the territory submitted to the voters as the Tydico Annexation situated in King County, Washington, as contiguous, proximate and adjacent to the present corporate limits of the City and as more particularly described by its legal description as set forth in Exhibit A and graphically shown on Exhibit B, attached hereto and incorporated in full by this reference. SECTION II. All property located within the territory to be annexed, excluding street right-of-way, shall, contemporaneously with the annexation, have imposed, by separate ordinance, R-8 zoning consistent with the ballot text that was approved by a majority of the voters within the annexation area. SECTION III. The territory set forth in this ordinance and for which said election results were certified for annexation should be and is hereby made a part of the City of Renton. The area shall be assessed and taxed at the same rate on the same basis as property within the City of Renton to pay for all or any portion of the outstanding indebtedness of the City of Renton, which indebtedness has been approved by the voters, contracted for, or incurred prior to or existing at, the date of annexation. 2 ORDINANCE NO. SECTION IV. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five days after its passage, approval, and publication. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1126:8/ 13/04:ma Bonnie I. Walton, City Clerk 2004. day of , 2004. Kathy Keolker-Wheeler, Mayor 3 Exhibit A TYDICO SITE ANNEXATION LEGAL DESCRIPTION The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 north, Range 5 East, W.M., King County, Washington. Froposed-1-ydico Figure 3: Existing Structure Map r Economic Development, Neighborhoods & Strategic Planning Sue Carlson, Administrator $ G. Del Rosario t� O 15 October 2002 Annexation 0 300 600 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION (R-8) FOR THE TYDICO ANNEXATION. WHEREAS, after public hearing, the City Council enacted a resolution calling for an annexation by election under RCW 35A.14.015 for an area commonly referred to as the Tydico Annexation, which area is the property generally bounded by the centerline of NE 3rd Place, if extended, on the north; the centerline of SE 132"d Street, if extended, on the south; 1341h Avenue, if extended, on the west; and, Bremerton Avenue NE on the east, legally described in Exhibit A attached hereto and incorporated by reference as if fully set forth; and WHEREAS, said resolution also called for an election on the proposition that all property located within the territory to be annexed, excluding street right-of-ways, simultaneous with the annexation, shall have imposed the City of Renton zoning regulations, which at the time of the election had a Comprehensive Plan land use designation of Residential Single Family (RS) and called for a zoning designation of R-8; and WHEREAS, an election was held pursuant to State statute; and WHEREAS, those voting approved R-8 zoning for the annexation, consistent with the September 2002 Comprehensive Plan designation of Residential Single Family (RS); and WHEREAS, said R-8 zoning is to be established aver public hearing, and contemporaneously with the annexation ordinance; and WHEREAS, the first public hearing on R-8 zoning was held on November 18, 2002, and the second public hearing was held on August 23, 2004; and WHEREAS, the territory will also be annexed on this date by separate ordinance; ORDINANCE NO. It I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Zoning for the annexed area known as the Tydico Annexation, which is more particularly described by its legal description as set forth in Exhibit A and graphically shown on Exhibit B, attached hereto and incorporated in full by this reference, is hereby designated as R-8, pursuant to the provisions of the election ballot approving this annexation. SECTION II. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five days after its passage, approval, and publication. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1127:8/13/04:ma Kathy Keolker-Wheeler, Mayor 2 Exhibit A TYDICO SITE ANNEXATION LEGAL DESCRIPTION The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 north, Range 5 East, W.M., King County, Washington. rrupusea i yaico Figure 3: Existing Structure Map o� . Economic Development, Neighborhoods & Strategic Plaaning F. Sue Carl- Administrator 2 G. Dcl F O 15 Oel ? Hn n exati o n 0 300 600 t.+r 0 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION (R-10) FOR THE TYDICO ANNEXATION. WHEREAS, after public hearing, the City Council enacted a resolution calling for an annexation by election under RCW 35A.14.015 for an area commonly referred to as the Tydico Annexation, which area is the property generally bounded by the centerline of NE 3rd Place, if extended, on the north; the centerline of SE 132°d Street, if extended, on the south; 1341h Avenue, if extended, on the west; and, Bremerton Avenue NE on the east, legally described in Exhibit A attached hereto and incorporated by reference as if fully set forth; and WHEREAS, said resolution also called for an election on the proposition that all property located within the territory to be annexed, excluding street right-of-ways, simultaneous with the annexation, shall have imposed the City of Renton zoning regulations, consistent with the current Comprehensive Plan land use designation of Residential Options (RO) and a zoning designation ofR-10; and WHEREAS, an election was held pursuant to State statute; and WHEREAS, those voting approved R-8 zoning for the annexation, consistent with the September 2002 Comprehensive Plan designation of Residential Single Family (RS); and WHEREAS, the Comprehensive Plan Land Use Map was amended in November 2003, changing the land use designation for the Tydico Annexation site from Residential Single Family (RS) to Residential Options (RO). Therefore, the site must be rezoned to R-10 to be consistent with this latter designation; and WHEREAS, said R-10 zoning is to be established after public hearing; and ORDINANCE NO. WHEREAS, the first public hearing on zoning was held on November 24, 2003, and the second public hearing was held on August 23, 2004; and WHEREAS, the territory will also be annexed on this date by separate ordinance; and WHEREAS, development has been proposed for the annexed property ' and a Development Agreement negotiated for the property; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Zoning for the annexed area. known as the Tydico Annexation, which is more particularly described by its legal description as set forth in Exhibit A and graphically shown on Exhibit B, attached hereto and incorporated in full by this reference, is hereby designated as R-10, consistent with the current Comprehensive Plan designation of Residential Options (RO), subject to the terms and conditions of the certain Development Agreement entered into contemporaneously with this rezone, to be filed of record with the Auditor's office, a copy of which Agreement is attached hereto as Exhibit C. SECTION II. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five days after its passage, approval, and publication. PASSED BY THE CITY COUNCIL this day of 92004. Bonnie I. Walton, City Clerk 2 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2004. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1128:8/13/04:ma Kathy Keolker-Wheeler, Mayor 3 Exhibit A TYDICO SITE ANNEXATION LEGAL DESCRIPTION The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 north, Range 5 East, W.M., King County, Washington. a of- - -- - - - — - --- -- — - - v JVV �VV Figure 3: Existing Structure Map Economic Development, Neighborhoods & Strategic Planning a Sue Carlson, Administrator 1 : 3600 G. Del Rosario �� $ 15 October 2002 �! DEVELOPMENT AGREEMENT PARTIES This agreement (this "Development Agreement" or "Agreement") is made and entered into this 12th day of July, 2004, by and between the CITY OF RENTON ("City"), a municipal corporation of the State of Washington, and LIBERTY RIDGE L.L.C., a Washington limited liability company, the owner of the parcels of property covered by this Development Agreement ("Owner"). RECITALS WHEREAS, on November 18, 2002, the Renton City Council passed Resolution No. 3596 calling for annexation, by election, of certain territory described therein, and directing that, in conjunction with said election, a proposition be submitted to the electorate of that territory that, simultaneously with the annexation, the territory have imposed upon it the City of Renton zoning regulations, prepared under RCW 35.A.14.340, with a Comprehensive Plan designation of Residential Single Family (RS) and a zoning classification of R-8; and WHEREAS, an application was made to the City of Renton on December 16, 2002 for a Comprehensive Plan Land Use Map amendment and Zoning Map amendment of the Owner's property that is legally described as follows (the "Property"): The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M., King County, Washington. EXCEPT roads. WHEREAS, the City has assigned City File Nos. LUA 02-113 A,ECF,R and 2003-M-14 to the Owner's requests; and WHEREAS, the Property (which is all of the private property lying within the territory of the annexation contemplated by Resolution No. 3596) is currently located in unincorporated DEVELOPMENT AGREEMENT --Page 2 King County within the City's Potential Annexation Area; and WHEREAS, certain nonconforming uses are currently being made of portions of the Property (the "Nonconforming Uses"); and WHEREAS, TYDICO, a Washington corporation ("Tydico"), is operating its construction business on the Property pursuant to a Lease between Owner and Tydico; and WHEREAS, at Owner's request, the City has commenced proceedings for annexation of the Property into the City and the election contemplated by Resolution No. 3596 has been held with all of the propositions set forth therein having been approved by the electorate; and WHEREAS, the owner sought to have the Property, which is approximately 9.46 acres in size, given a Residential Options (RO) Land Use Map designation to allow Residential 10 Dwelling Units Per Acre (R-10) zoning; and WHEREAS, the Owner is willing to have the City impose Residential 10 Dwelling Units Per Acre (R-10) zoning subject to this Development Agreement that would embody the site - specific restrictions that are set forth in Section 3, below upon annexation. WHEREAS, staff members of the City's Department of Economic Development, Neighborhoods and Strategic Planning and of the City's Department of Planning/Building/Public Works have reviewed the Site -Specific Restrictions and concur that they are appropriate; and WHEREAS, the Planning Commission held a public hearing concerning the proposed Comprehensive Plan Map Amendment and Zoning Map Amendment on October 15, 2003; and WHEREAS, on November 24, 2003, the City Council adopted a Planning and Development Committee report concerning the request and amended the City's Comprehensive Plan Land Use Map to designate the Property Residential Options (RO); and WHEREAS, in view of the already -passed annexation election proposition concerning the territory initially having an R-8 zoning classification when the annexation occurs, the Property is to be initially annexed into the City with that zoning classification but, immediately thereafter, the zoning is to be changed to R-10 in order to be consistent with the Property's Residential Options (RO) Comprehensive Plan Land Use Map designation and the provisions of this Development Agreement; and WHEREAS, on November 17, 2003, this Development Agreement was presented at a public hearing before the City Council; and WHEREAS, the City Council has taken into account the public comment presented at DEVELOPMENT AGREEMENT --Page 3 that public hearing; and WHEREAS, this Development Agreement is premised on the Property being annexed to the City of Renton and will be of no force or effect if that annexation is not realized within six (6) months following the date that this Agreement is executed by both parties; and WHEREAS, this Development Agreement has been reviewed and approved by the City Council of the City of Renton, Washington; and WHEREAS, this Development Agreement appears to be in the best interests of the citizens of the City of Renton, Washington; NOW, THEREFORE, the parties do agree as follows: SECTION 1. AUTHORITY Pursuant to RCW 36.70B.170(l), the City and persons with ownership or control of real property are authorized to enter into a development agreement setting forth development standards and any other provisions that shall apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration of such development agreement. SECTION 2. SUBJECT PROPERTIES A. Illustrative Map: The drawing attached hereto as Exhibit A graphically depicts the Property. B. King County Property Identification Numbers: The following list indicates the King County Property Identification Numbers applicable at the time of this Development Agreement: 5182100049, 5182100050 and 5182100051. SECTION 3. ZONING SUBJECT TO SITE -SPECIFIC CONDITIONS: A. Site -Specific Restrictions. The parties hereby agree that the following site -specific conditions (the "Site -Specific Restrictions") shall apply to the Property in conjunction with the R-10 Zoning Classification described in subsection B, below: (1) All residential buildings shall be detached single-family residential buildings (i.e., contain only one residential unit per building); (2) All future residential lots within the Property that directly abut the Property's south boundary shall have a minimum width of 50 feet; and DEVELOPMENT AGREEMENT --Page 4 (3) The net residential density of any development of the Property shall not exceed 10 dwelling units per acre. B. Zoning Classification: The parties agree that the Property is to be reclassified to the Residential-10 Dwelling Units Per Acre (R-10) zoning classification as soon as possible, subject to the Site -Specific Restrictions set forth above. SECTION 4. RELINQUISHMENT OF NONCONFORMING USE RIGHTS; CESSATION OF TYDICO'S BUSINESS OPERATIONS ON THE PROPERTY A. Relinquishment of Nonconforming Use Rights: Effective the day before the effective date of the annexation of the Property into the City, the Owner hereby relinquishes its right to continue the Nonconforming Uses of the Property. B. Cessation of Tydico's Construction Operations on the Property: Not later than the day before the effective date of the annexation of the Property into the City, Owner shall cause (1) Tydico to cease its construction operations on the site and (2) the removal of all remaining storage of construction related equipment and stockpiled materials (such as ecology blocks, traffic cones, barriers and construction related signs) that are now stored on the northern half of the site. SECTION 5. EFFECT OF DEVELOPMENT AGREEMENT Unless amended or terminated, this Development Agreement is enforceable during its term by a party to this Development Agreement; provided, however, only the City may enforce the Site -Specific Restrictions. Development of the Property shall not be subject to a new zoning ordinance or an amendment to a zoning ordinance or to a development regulation or standard adopted by the City after the effective date of this Development Agreement unless (a) otherwise provided in this Development Agreement or (b) agreed to by the owner(s) of any of the portion(s) of the Property to which such new zoning ordinance or an amendment to a zoning ordinance or development regulation or standard shall apply or (c) in the case of a new or amended development regulation the regulation is one that the City was required to adopt or amend because of requirements of state or federal law. Any development permit or approval issued by the City for the Property during this Development Agreement's term must be consistent with this Development Agreement. SECTION 6. AUTHORITY RESERVED Pursuant to RCW 36.70B.170(4), the City reserves its authority to impose new or different regulations to the extent required by a serious threat to public health and safety. DEVELOPMENT AGREEMENT --Page 5 SECTION 7. RECORDING Pursuant to RCW 36.70B.190, this Development Agreement shall be recorded with the real property records of King County. During the term of the Development Agreement, the agreement shall be binding on the parties and their successors and assigns. SECTION 8. TERM This Development Agreement shall run with the Property until amended or rescinded by the City Council in accordance with Section 8, below. With respect to any portion(s) of the Property that are not developed, the parties to this Development Agreement agree to evaluate the Agreement periodically, but not less than every ten (10) years. Where appropriate, periodic review of the Development Agreement shall generally coincide with the City's evaluation of its entire Comprehensive Plan. SECTION 9. AMENDMENT The provisions of this Development Agreement, before the expiration of ten (10) years from the date of execution of this Agreement by all of the parties, may only be amended with the mutual written consent of the parties; provided, however, that the owner(s) of portion(s) of the Property shall be entitled to amend the Development Agreement from time -to -time (with the consent of the City) as it relates to their particular portion(s) of the Property. After ten (10) years, the City may change the zoning and development regulations pertinent to the Property as part of its normal process of alteration to its Comprehensive Plan, Zoning and Development Regulations. SECTION 10. TERMINATION IF ANNEXATION NOT REALIZED The Property is currently in the process of being annexed into the City of Renton. This Development Agreement will terminate and be of no force or effect if that annexation is not realized within six (6) months following the date that this Agreement is executed by both parties. CITY OF RENTON Kathy Keolker-Wheeler, Mayor Attest: DEVELOPMENT AGREEMENT --Page 6 City Clerk Approved as to Form: Lawrence J. Warren, City Attorney LIBERTY RIDGE L.L.C., a Washington limited liability company By: Donald J. Me 1 , Manager STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that on the day of , 2004 KATHY KEOLKER-WHEELER appeared before me and acknowledged that she signed the instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that the seal affixed, if any, is the corporate seal of said City. Dated: Signature Print Name NotM Public Title My Appointment Expires DEVELOPMENT AGREEMENT --Page 7 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that DONALD J. MERLINO is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a manager of LIBERTY RIDGE L.L.C., a Washington limited liability company, to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. CACF12418\028\Comprehensive Plan Amendment\Dev-Agmt.B.doc DEVELOPMENT AGREEMENT --Page 8 W-lor: '1 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-1-210, WAIVED FEES, OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY EXTENDING AND MODIFYING THE WAIVER OF CERTAIN DEVELOPMENT AND MITIGATION FEES. WHEREAS, the Renton City Council approved Ordinance No. 4913 on August 27, 2001, to allow certain development and mitigation fees for "For Sale" housing to be waived to encourage owner -occupied housing in the CD and RM-U zones; and WHEREAS, these development and mitigation fees waivers are effective for building permits issued after August 13, 2001, and will sunset on October 1, 2004, unless extended by City Council action; and WHEREAS, the provisions of Section 4-1-210, Waived Fees, were useful in helping to establish the 37-unit 55 Williams project as the first significant owner -occupied housing development in downtown Renton in many years; and WHEREAS, the Renton City Council desires to continue to encourage additional owner - occupied housing in the CD and RM-U zones and thereby extend the development and mitigation fee waivers for an additional three years unless further extended by Renton City Council action; and WHEREAS, the Renton City Council desires to modify the eligibility for the development and mitigation fee waivers to clarify that the waivers apply to multi -family housing projects with a minimum of four dwelling units that are new construction only, unless a renovation of an existing structure is otherwise approved; 1 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-1-210, Waived Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: WAIVED FEES: To encourage owner -occupied housing in the CD and RM-U zones, certain development and mitigation fees for "For Sale" housing may be waived. Fees which may be waived include building permit fees, utility system development charges, Public Works plan review and inspection fees, and impact mitigation fees. Waived impact mitigation fees will be replenished from tax revenues from the projects over time. The fee waivers apply to multi -family housing projects with four (4) or more dwelling units each that are new construction only, unless a renovation of an existing structure is approved by the Administrator of the Renton Economic Development, Neighborhoods and Strategic Planning Department, or any other City office, department or agency that shall succeed to its functions with respect to this Section, or his or her authorized designee. These fee waivers are effective for building permits issued after September 30, 2004, and will sunset on October 1, 2007, unless extended by City Council action. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after its publication. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk 2 ORDINANCE NO. APPROVED BY THE MAYOR this day of 2004. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1129:8/13/04:ma Kathy Keolker-Wheeler, Mayor 3