HomeMy WebLinkAboutCouncil 04/26/2004AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
April 26, 2004.
Monday, 7:30 p.m.
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER AND ROLL CALL
3. PROCLAMATION: Teacher Appreciation Week - May 2 to 8, 2004
4. ADMINISTRATIVE REPORT
5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is
allowed five minutes. The comment period will be limited to one-half hour. The second audience
comment period later on in the agenda is unlimited in duration.)
When you are recognized by the Presiding Officer, please walk to the podium and state your name
and address for the record, SPELLING YOUR LAST NAME.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of April 19, 2004. Council concur.
b. City Clerk reports bid opening on 4/20/2004 for CAG-04-037, Talbot Hill Water Main
Replacement Project Phase 1; eight bids; engineer's estimate $603,024; and submits staff
recommendation to award the contract to the low bidder, Buno Construction, LLC, in the amount
of $500,855.36. Council concur.
c. Finance and Information Services Department recommends approval of a contract in the amount
of $68,000 with Bardsley Associates Inc. to implement the Springbrook Utility Billing System
software upgrade. Refer to Finance Committee.
d. Economic Development, Neighborhoods and Strategic Planning Department recommends a public
hearing be set on 5/10/2004 to consider the proposed R-8 prezoning for the Carlo Annexation; 37
acres bounded by 136th Ave. SE, 140th Ave. SE, NE 3rd St., and SE 135th St. Council concur.
e. Transportation Systems Division submits CAG-03-154, 2003 Downtown Sidewalk and Curb
Ramp; and requests approval of the project, authorization for final pay estimate in the amount of
$6,764, commencement of 60-day lien period, and release of retained amount of $8,610.34 to R&J
Landscape and Construction, Inc., contractor, if all required releases are obtained. Approval is
also sought to transfer an additional $16,000 from the Walkway Program and Fund 317 to close
out this project. Refer to Transportation Committee.
f. Transportation Systems Division recommends approval to amend the 2004 Transportation Capital
Improvement Fund 317 to allocate $2,216,000 in King County mitigation revenue to specific
projects. Council concur. (See 9. for ordinance.)
g. Utility Systems Division recommends acceptance of a twenty-year Public Works Trust Fund
Construction Loan in the amount of $5,150,000 at an interest rate of 1/2%, for the Maplewood
Water Treatment and Golf Course Improvements Project. Council concur. (See 9. for resolution.)
h. Utility Systems Division recommends approval of a contract in the amount of $132,878 with Roth
Hill Engineering Partners, LLC for pre -design services for the Sunset Sewer Interceptor Phase III
Project. Council concur.
(CONTINUED ON REVERSE SIDE).
7. CORRESPONDENCE
8. OLD BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by
the Chair if further review is necessary.
a. Community Services Committee: Neighborhood, Grant Applications (1st Round)
b. Finance Committee: Vouchers; Fire Department Database Technician Intern Position
Modification to Office Assistant III
c. Public Safety Committee: Fire Works
9. ORDINANCES AND RESOLUTIONS
Resolution:
Maplewood Water Treatment Improvements Project PWTF Loan (see 6.g.)
Ordinance for first reading:
Transportation Fund 317 allocation from King County mitigation funds (see 61.)
Ordinances for second and final reading:
a. City Center area roof signs (1st reading 4/19/2004)
b. 2004 Budget adjustments (1st reading 4/19/2004)
10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded
information.)
11. AUDIENCE COMMENT
12. ADJOURNMENT
COMMITTEE OF THE WHOLE
AGENDA
(Preceding Council Meeting)
Council Conference Room
5:30 p.m.
Emerging Issues
Council Chambers
(following Emerging Issues discussion)
Comprehensive Plan Briefing
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
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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
April 26, 2004
Council Chambers
Monday, 7:30 p.m.
MINUTES Renton City Hall
CALL TO ORDER
Mayor Pro Tem Don Persson led the Pledge of Allegiance to the flag and called
the meeting of the Renton City Council to order.
ROLL CALL OF
DON PERSSON, Mayor Pro Tem; MARCIE PALMER; TERRI BRIERE,
COUNCILMEMBERS
Council President Pro Tem; DENIS LAW; DAN. CLAWSON; TONI NELSON.
MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL EXCUSE
ABSENT COUNCILMEMBER RANDY CORMAN. CARRIED.
CITY STAFF IN
JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN,
ATTENDANCE
City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN,
Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic
Development Administrator; VICTORIA RUNKLE, Finance and Information
Services Administrator; CHIEF LEE WHEELER AND DEPUTY CHIEF
LARRY RUDE, Fire Department; DEREK TODD, Assistant to the CAO;
COMMANDER FLOYD ELDRIDGE, Police Department.
PROCLAMATION A proclamation by Mayor Keolker-Wheeler was read declaring the week of
Teacher Appreciation Week - May 2 to 8, 2004, to be "Teacher Appreciation Week" in the City of Renton,
May 2 to 8, 2004 encouraging all citizens to honor teachers and recognize their vital.
contributions to Renton's youth. MOVED BY BRIERE, SECONDED BY
LAW, COUNCIL CONCUR IN THE PROCLAMATION AS READ.
CARRIED.
Marcie Maxwell, Chair of the Greater Renton Chamber of Commerce's
Community Development Committee and President of the Renton School
District's Board of Directors; and Sara Garner, Greater Renton Chamber of
Commerce Communications and Marketing Director, accepted the
proclamation. Ms. Maxwell thanked the City for recognizing teachers, saying
they serve this community very well. She also announced that the Ahead of the
Class Awards Program, which recognizes individuals or teams of outstanding
Renton teachers, will be held on May 4th at the Renton IKEA Performing Arts
Center.
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 third grade students from the Renton School District descended today
on Renton City Hall and several other City locations for the beginning of
the annual third grade tours.
* The Renton Youth Symphony Orchestra will perform a spring concert at
Carco Theatre on May 2nd.
* On May 5th and 6th, a joint training session between the Renton Fire
Department and the Boeing Fire Department will be conducted at the
Renton Municipal Airport. These training sessions are helpful in
improving the coordination between the two fire departments when
responding to airport emergencies.
April 26, 2004 Renton City Council Minutes Page 127
CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the
listing.
Council Meeting Minutes of Approval of Council meeting minutes of April 19, 2004. Council concur.
April 19, 2004
CAG: 04-037, Talbot Hill City Clerk reported bid opening on 4/20/2004 for CAG-04-037, Talbot Hill
Water Main Replacement, Water Main Replacement Project Phase 1; eight bids; engineer's estimate
Buno Construction $603,024; and submitted staff recommendation to award the contract to the low
bidder, Buno Construction, LLC, in the amount of $500,855.36. Council
concur.
Finance: Springbrook-Utility -- Finance and Information Services Department recommended approval_of. a_
Billing System Upgrade, contract in the amount of $68,000 with Bardsley Associates Inc. to implement
Bardsley Associates the Springbrook Utility Billing System software upgrade. Refer to Finance
Committee.
Annexation: Carlo, 136th Ave Economic Development, Neighborhoods and Strategic Planning Department
SE_ && 140th Ave SE recommended a public hearing be set on 5/10/2004 to consider the proposed R-
8 (Residential - eight dwelling units per acre) prezoning for the Carlo
Annexation; 37 acres bounded by 136th Ave. SE, 140th Ave. SE, NE 3rd St.,
and SE 135th St. Council concur.
CAG: 03-154, Downtown
Transportation Systems Division submitted CAG-03-154, 2003 Downtown
Sidewalk & Curb Ramp, R&J
Sidewalk and Curb Ramp; and requested approval of the project, authorization
Landscape and Construction
for final pay estimate in the amount of $6,764, commencement of 60-day lien
period, and release of retained amount of $8,610.34 to R&J Landscape.and
Construction, Inc., contractor, if all required releases are obtained. Approval
was also sought to transfer an additional $16,000 from the Walkway Program
and Fund 317 to close out this project. Refer to Transportation Committee.
Transportation: Fund 317
Transportation Systems Division recommended approval to amend the 2004
Allocation (King County
Transportation Capital Improvement Fund 317 to allocate $2,216,000 in King
Mitigation Funds)
County mitigation revenue to specific projects. Council concur. (See page 130
for ordinance.)
Utility: Maplewood Water Utility Systems Division recommended acceptance of a 20-year Public Works
Treatment Improvements, Trust Fund Construction Loan in the amount of $5,150,000 at an interest rate of
PWTF Loan 1/2%, for the Maplewood Water Treatment and Golf Course Improvements
Project. Council concur. (See page 129 for resolution.)
Utility: Sunset Sewer Utility Systems Division recommended approval of a contract in the amount of
Interceptor Phase III Design, $132,878 with Roth Hill Engineering Partners, LLC for pre -design services for
Roth Hill Engineering Partners the Sunset Sewer Interceptor Phase III Project. Council concur.
MOVED BY BRIERE, SECONDED BY LAW, COUNCIL APPROVE THE
CONSENT AGENDA AS PRESENTED. CARRIED.
OLD BUSINESS
Finance Committee Vice Chair Law presented a report recommending approval
Finance Committee
of Claim Vouchers 225845 - 226280 and one wire transfer totaling
Finance: Vouchers
$2,353,021.12; and approval of Payroll Vouchers 50081 - 50304, one wire
transfer and 573 direct deposits totaling $1,776,117.35. MOVED BY LAW,
SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE
REPORT. CARRIED.
Fire: Office Assistant III
Finance Committee Vice Chair Law presented a report recommending
Position
concurrence in the staff recommendation to replace the existing non -regular
Database Systems Technician Intern position with an Office Assistant III, grade
April 26, 2004 Renton City Council Minutes Page 128
a05. The position will be designated as full-time limited term and is intended
to be funded through December 31, 2005. As a limited term position the
incumbent, following a recruitment and selection process, will be represented
by AFSCME (American Federation of State, County and Municipal
Employees), Local 2170. MOVED BY LAW, SECONDED BY NELSON,
COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.
Public Safety Committee Public Safety Committee Chair Law presented a report regarding fireworks.
Public Safety: Fireworks The topic of controlling fireworks, including an outright ban on fireworks, has
been the source of much public concern, and has been the frequent subject of
communications with the Council. The Council -has taken a good deal of public
testimony on this topic and has debated the pros and cons on banning fireworks
within the City limits during the past several years. Recent years have shown
an increasing number of fire -related incidents due to the discharging of both
legal and illegal fireworks.
There is a second issue that deals with the enforcement of laws pertaining to the
discharging of fireworks. The current penalty for violation of the City's
fireworks laws is a mhdemeanor afid-requires an elaborate legal process. The
Committee felt that making violations of the fireworks laws a civil infraction
will make the laws easier and less expensive to enforce, will not carry the
punitive effect of a criminal conviction, and will result in more effective
enforcement. Violations of State laws prohibiting possession and discharging
of dangerous and incendiary devices, such as firecrackers and bottle rockets,
will continue to be enforced as criminal violations.
The Committee therefore recommended that the Council adopt an ordinance
banning fireworks in the City limits of Renton, with the exception of City -
authorized displays. The Committee also recommended that the Council adopt
an ordinance making violation of Renton fireworks ordinances a civil infraction
in the City of Renton, for fireworks generally known as safe and sane, and
continue the misdemeanor penalty for all other fireworks. MOVED BY LAW,
SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE
REPORT.*
Councilman Law stated that this difficult topic has been discussed for many
years; and he thanked the Police and Fire Departments and the City Attorney
for all their work on this matter. He pointed out that many people do abide by
the fireworks laws; however in recent years, fireworks usage has been
described more and more as a "war zone," and it is more difficult for police and
fire personnel to enforce. As a result of fireworks, Mr. Law reported that
approximately $2.25 million in fire -related losses occurred in Renton and
neighboring District #40 in Kent last year.
Councilman Clawson stated that banning legal fireworks was a difficult
decision to make in that most people follow the applicable laws, and the sale of
fireworks also raises money for organizations such as the Lions Club. He
explained that safe and sane fireworks have been getting more dangerous over
the years, and noted that a loss to City property last summer was caused by
legal fireworks. Additionally, Mr. Clawson pointed out other cities that have
banned fireworks reported a downward trend of losses and violations.
Mr. Law stated that the fireworks ban does not go into effect until July, 2005;
however, the civil infraction ordinance will be in place this season.
*MOTION CARRIED.
April 26, 2004 Renton City Council Minutes Page 129
Community Services Community Services Committee Chair Nelson presented a report regarding the
Committee 2004 neighborhood grant projects. The Committee concurred in the
EDNSP: 2004 Neighborhood recommendation of staff to approve the following grant applications:
Grant Program 1. Tiffany Park Homeowners Association - Upgrade traffic circles and
common area with perennial flowers and plants located at Newport Ct. SE,
Olympia Ct. SE, SE 16th, SE 18th, SE 19th, and common area on Pierce
Ave. ($925).
2. Ginger Creek Community Association - Continue development of a pocket
park on Seattle Public Utilities -owned right-of-way in Renton. The area is
approximately a quarter of an acre and is bordered by Puget Dr., Beacon
Way SE, and 16th St. ($3,766.17). -
3. Kennydale Neighborhood Association - Installation of an in -ground
sprinkler system located at Burnett Ave., N. 36th St., and Lake Washington
Blvd. N. ($1,626).
4. North Renton Neighborhood Association - Construction of ten A -frame
signboards, three feet high by two feet wide, with slide in -out brackets and
waterproof protected overlay, as a means of notification of neighborhood
meetings, events, and picnics ($832.32).
5. Summerwind Homeowners Association - Construction of eight A -frame
signboards, two feet high by two feet wide, as a means of notification of
neighborhood meetings, events, and picnics ($212.20).
6. Highlands Community Association - Remove 27 dead and dying trees and
replace with 26 drought -resistant trees on Edmonds Pl. NE, between NE
12th St. and NE Park Dr. ($1,481.57).
The Committee further recommended approval of funding for the following
administrative newsletter applications:
1. Falcon Ridge Homeowners Association - Annual printing expenses for
printed and mailed quarterly newsletter ($137).
2. Kennydale Neighborhood Association - Annual printing expenses for a
printed and mailed quarterly newsletter ($2,000).
3. Tiffany Park Homeowners Association - Annual printing expenses for
printed and mailed quarterly newsletter ($89).
MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN
THE COMMITTEE REPORT.*
In response to Councilwoman Briere's inquiry regarding the use of A -frame
signs by neighborhood associations, Councilwoman Nelson explained that the
signs are allowed on the day of the event.
*MOTION CARRIED.
ORDINANCES AND The following resolution was presented for reading and adoption:
RESOLUTIONS
Resolution #3689 A resolution was read authorizing the Mayor and City Clerk to execute an
Utility: Maplewood Water interlocal cooperative agreement with the State of Washington Department of
Treatment Improvements, Community, Trade, and Economic Development Department entitled "Public
PWTF Loan Works Trust Fund Construction Loan Agreement Number PW-04-691-057" for
construction of the Maplewood Water Treatment Improvements Project.
April 26, 2004
Renton City Council Minutes Page 130
MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT
THE RESOLUTION AS READ. CARRIED.
The following ordinance was presented for first reading and referred to the
Council meeting of 5/03/2004;for second and final reading:
Transportation: Fund 317
An ordinance was read amending the 2004 Transportation Capital Improvement
Allocation (King County
Fund 317 to allocate $2,216,000 in King County mitigation revenue to specific
Mitigation Funds)
projects. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL REFER
THE ORDINANCE FOR SECOND AND FINAL READING ON 5/03/2004.
CARRIED.
The following ordinances were presented for second and final reading and
adoption:
Ordinance #5071
An ordinance was read amending Section 4-4-100.H.9.b of Chapter 4, Citywide
Development Services: City
Property Development Standards, of Title IV (Development Regulations) of
Center Area Roof Signs
City Code to allow roof signs within the City Center Sign Regulations Area
subject to an administrative modification. MOVED BY BRIERE, SECONDED
BY NELSON; COUNCIL ADOPT THE ORDINANCE AS READ. ROLL
CALL: ALL AYES. CARRIED.
Ordinance #5072
An ordinance was read increasing the 2004 Budget for various funds in the total
Budget: 2004 Adjustments
amount of $9,400,000, increasing the total number of positions by 4.5 in 2004,
and increasing the City's reserves. MOVED BY BRIERE, SECONDED BY
NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL:
ALL AYES. CARRIED.
NEW BUSINESS
Reporting that Council has received a number of a -mails regarding safety and
Police: Motorized Scooters
noise concerns pertaining to the use of motorized scooters, it was MOVED BY
PALMER, SECONDED BY BRIERE, COUNCIL REFER THE SUBJECT OF
MOTORIZED SCOOTERS TO THE PUBLIC SAFETY COMMITTEE.
CARRIED.
Fire: DUI Simulation Drill Councilman Law stated that he and Ms. Palmer attended a DUI simulation drill
at Hazen High School last Friday. He suggested videotaping the next DUI
simulation drill and showing it on Renton's cable channel 21.
Development Services: Vacant
Mayor Pro Tern Persson reported overgrown vegetation on the vacant lot
Lot Vegetation, Whitworth
located at 424 Whitworth Ave. S.
Ave S
Development Services: Auto
Mr. Persson also reported possible auto repair facility operation at residence
Repair Facility, Illegal Use
located behind the vacant lot, on Morris Ave. S.
Streets: Grocery Cart
Mayor Pro Tern Persson relayed citizen complaints regarding abandoned
Abandonment
grocery carts in the downtown area. Councilwoman Briere noted that this topic
is currently in Planning and Development Committee and she requested a status
report.
Community Services:
MOVED BY NELSON, SECONDED BY PALMER, COUNCIL REFER
Commercial Activities in
COMMERCIAL ACTIVITIES (PRIMARILY RETAIL SALES) IN RENTON
Renton Parks
PARKS TO THE COMMUNITY SERVICES COMMITTEE. CARRIED.
Comprehensive Plan: West
Mayor Pro Tern Persson inquired as to the timing of possibly adding the West
Hill, Potential Annexation
Hill area to Renton's potential annexation area (PAA). Economic
Area Addition
Development, Neighborhoods and Strategic Planning Administrator Alex
Pietsch explained that in order to amend the City's PAA this year, staff would
April 26, 2004 Renton City Council Minutes Page 131
have to address the matter as soon as possible. However, the matter can be
pursued in subsequent years on the annual basis in which the City amends its
Comprehensive Plan.
Recommending the City proceed with assessing the financial impacts and
infrastructure needs of the West Hill area, it was MOVED BY BRIERE,
SECONDED BY NELSON, COUNCIL DIRECT THE ADMINISTRATION
TO REVIEW THE POSSIBILITY OF ADDING THE WEST HILL AREA TO
THE CITY'S POTENTIAL ANNEXATION AREA. CARRIED.
WSDOT: I-405 Context
Alex Pietsch, Economic Development, Neighborhoods and Strategic Planning
- - Sensitive Solutions Aesthetic _
. Administrator,_stated.that the Washington State Department of Transportation
Committee
(WSDOT) is currently designing a major expansion to 1-405.- Some -of the work
is already funded; however, a majority of the work is not and the Regional
Transportation Improvements District anticipates bringing forth a funding
package to the voters within the next two years. Meanwhile, a context sensitive
solutions design approach will be used to study the aesthetics of the 1-405
project from various points of view. Mr. Pietsch stated that WSDOT has asked
for the City's participation in two ways: 1) selection of a representative to serve
on the regional aesthetic committee; and 2) formation of a Renton advisory
aesthetic committee consisting of elected officials, neighborhood and business
community representatives, and other interested parties.
MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL APPOINT
COUNCILWOMAN MARCIE PALMER TO SERVE ON THE REGIONAL I-
405 CONTEXT SENSITIVE SOLUTIONS AESTHETIC COMMITTEE, AND
APPOINT COUNCILMAN DON PERSSON AS THE BACKUP
REPRESENTATIVE. CARRIED.
MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL REFER THE
ESTABLISHMENT OF A RENTON 1-405 AESTHETIC ADVISORY
COMMITTEE TO COMMITTEE OF THE WHOLE. CARRIED.
Public Works: Waste
Councilwoman Briere pointed out that a waste container is needed at the bus
Container at Sam's Club Bus
stop located next to Sam's Club on S. Grady Way.
Stop
Public Works: Weeds at
Ms. Briere requested the removal of weeds at the City -owned utility boxes
Utility Boxes
located by the Spencer Court Apartments.
AUDIENCE COMMENT
Steven Shaffer, 2109 SE 8th Dr., Renton, 98055, stressed that it is an American
Citizen Comment: Schaffer -
tradition to spend time with family and set off fireworks to celebrate the
Fireworks Ban
country's independence. He expressed his opposition to the fireworks ban, and
recommended a harsher punishment for those who violate the fireworks laws.
ADJOURNMENT
MOVED BY NELSON, SECONDED BY PALMER, COUNCIL ADJOURN.
CARRIED. Time: 8:17 p.m.
BONNIE 1. WALTON, City Clerk
Recorder: Michele Neumann
April 26, 2004
RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR
Office of the City Clerk
COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING
April 26, 2004
COMMITTEE/CHAIRMAN DATE/TIME, AGENDA
COMMITTEE OF THE WHOLE MON., 5/03
(Persson) 5:30 p.m.
Approximately
6:00 p.m.
COMMUNITY SERVICES
(Nelson)
FINANCE
(Corman)
PLANNING & DEVELOPMENT
(Briere)
PUBLIC SAFETY
(Law) -
TRANSPORTATION (AVIATION)
(Palmer)
UTILITIES
(Clawson)
Emerging Issues
*Council Conference Room*
Comprehensive Plan Briefing
*Council Chambers*
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.
Wh.ev;la" it is fitting and proper that all members of the Renton -community join us in
honoring teachers in recognition of the vital contributions each of them makes to the. lives of our
community's children;
IV&W, Thei-e f6,r&, I, Kathy Keolker-Wheeler, Mayor of the City of.Renton, do hereby
proclaim the week of May 2 89 2004 to be
-rexcdwx Appr urvv W e,ek
in the City of Renton,. and encourage all citizens to honor teachers and recognize their vital
contributions to Renton's youth.
In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be
affixed this 26th day of April, 2004:
Kathy K lker-Wheeler
Mayor of the City of Renton, Washington
1055 South Grady Way - Renton, Washington 98055 - (425) 430-6500 / FAX (425) 430-6523
This paper contains 50 % recycled material, 30 % post consumer
RENTON.
AHEAD OF THE CURVE -
Agenda Item 114.
CITY OF RENTON
MEMORANDUM
DATE: April 26, 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 LEGAL SERVICES DEPARTMENT
• The 3rd grade students from the Renton School District descended today on Renton City Hall and several other City
locations for the beginning of the annual third grade tours. In all, the City will provide tours to thirteen different
elementary schools,and 1,050 students. As part of their social studies curriculum, students go on a field trip to learn
about Renton history and City government. Part one of the field trip is a history lesson at the Museum and part two
includes five separate areas of City government - the Renton Public Library, Fire Department, Police Department,
Park Maintenance Division, and a visit with the Mayor. Lasting approximately one hour, the tours will take place
daily through May 13''.
Numerous Renton citizens give their time and share their talents to serve as appointed members of boards and
commissions and as volunteers on various advisory committees. In addition to boards, commissions, and committees,
individuals volunteer their time to the City within several departments, programs, and events such as the Senior
Activity Center, the Special Populations Program, the Police Department, the Museum, and the Information Desk at
City Hall, to name just a few. The City of Renton will pay tribute to City volunteers this week at a special Volunteer
Recognition Banquet.
COMMUNITY SERVICES DEPARTMENT
• Maplewood Golf Course has recently become involved with the Audubon Cooperative Sanctuary Program, and is
pursuing program certification. Currently, the Golf Course has many sound environmental practices in place and will
expand them through this program by conducting proactive environmental projects that benefit people and the
environment. The program addresses five environmental quality areas: Wildlife and Habitat Management, Chemical
Use Safety and Reduction, Water Conservation, Water Quality Management, and Outreach and Education. Once the
projects in each environmental component are met, the Golf Course will become a Certified Audubon Cooperative
Sanctuary and will receive national recognition of environmental excellence.
• Mark your calendar for Friday, April 30`h, at Carco Theatre when the Special Theater Arts of Renton (S.T.A.R.)
performers will present The Secret of the Blue Rose, a fairy tale about acceptance and appreciation. These
performers are a part of the Recreation Division's Special Populations program. Seating for this free performance
begins at 7:00 p.m.
• The Summer Recreation Brochure, set to arrive in homes on Saturday, May ls`, lists the diverse programs and
activities offered to meet the needs of all Renton citizens. From leisure and athletic programs for youth, teens, and
adults to fun fitness and wellness programs, there is something to suit most everyone. This brochure will also be
available at the Renton Community Center, Renton Public Library, and on the City's website at www.ci.renton.wa.us.
Registration opens to Renton residents on May 4`h and to non-residents on May 6"'. Individuals with a PIN can
register for classes. via Cyber Sign -Up on the City website, or through Fast Fone-In, at 425-430-6729. Individuals
may also register in person at the Renton Community Center. For questions about any recreation class or activity, or
to obtain a PIN, please contact 425-430-6700.
Administrative Report
April 26, 2004
Page 2
• Last week, the Renton City Council approved the rates for the new Henry Moses Aquatic Center. Those rates are
now listed on the City's website. Information about swimming lessons, admission fees, and a form for the name the
slide contest, will be featured in the Summer Recreation Brochure.
• A new 25-foot Sakhalin (sock-a-lin) Spruce tree was planted at the Piazza and dedicated during Piazza Renton's
Spring Festival this past Saturday. This new tree will grow from one to three feet per year and should be over 60 feet
tall and 30 feet in diameter at maturity. The tree that was replaced found a new home at the City's Black River
Riparian Forest. The City recently completed its first tree inventory and assessment. Preliminary results indicate
Renton's Urban Forest includes approximately 99,580 trees on publicly owned property. Special thanks to Piazza
Renton volunteers for their efforts to bring fun activities to the Downtown.
• The Renton Youth Symphony Orchestra will perform a spring concert on Sunday, May 2"d, at 3:00 p.m. at Carco
Theatre. You are invited to enjoy this talented group of young musicians as they perform unabridged classical
compositions reminiscent of spring. Ticket prices are $7 for adults and $5 for students and seniors. For more
information or to reserve tickets, call 425-430-6707.
PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT
• On May 5`h and May 6`h a joint training session between the Renton Fire Department and the Boeing Fire Department
will be conducted at the Renton Municipal Airport. These training sessions are helpful in improving the coordination
between the two fire departments when responding to airport emergencies.
• Renton residents can start gathering their household recyclable items for the 2004 Spring Recycle Day. The event
will be held Saturday, May V, from 9 a.m. to 3 p.m. at Renton Technical College's north parking lot. This one -day
event gives residents an opportunity to recycle large items and hard -to -recycle materials at one convenient location.
For more information, visit the City's website or call 425-430-7398.
POLICE DEPARTMENT
• During the week of April 27 — May 3, the Police Department will be conducting traffic emphasis in the following
areas and, in addition, all school zones during school days:
Renton Police Department Traffic Enforcement Emphasis
April 27 — May 3
Date
6:00 a.m. to Noon
Noon to 6:00 p.m.
All Da
Motorcycles/Cars
Motorcycles/Cars
Radar Trailer
April 27, Tuesday
1100 blk, Carr Rd (speed)
1400 blk, Houser Way N (speed)
200 blk, S 2" St (speed)
NE 25`h/L nnwood NE (speed)
2300 blk, Talbot Rd S
April 28, Wednesday
600 blk, Williams Ave S (speed)
Rainier Ave N (speed)
600 blk, Duvall Ave NE (speed)
S 2id St/Rainier (red lights)
NE 25 /Lynnwood
Ave NE
April 29, Thursday
Rainier Ave N (speed)
Edmonds Ave SE (speed)
Maple Valley Hwy (speed)
Rainier Ave N (speed)
1300 blk, N 3` St
April 30, Friday
SW Sunset Blvd (turns/speed)
Lk Washington Blvd (speed)
43 /E Valley Rd (red lights)
Maple Valle H (speed)
1300 blk, N 3rd St
May 3, Monday
Maple Valley Hwy (speed)
SW Sunset Blvd (turns/speed)
1300 blk, N 3rd St (speed)
Rainier Ave N (s eed)
25 /Lynnwood Ave
NE
0
CITY OF RENTON COUNCIL AGENDA R11LL
SUBMITTING DATA:
Dept/DivBoard... City Clerk
Staff Contact...... Bonnie Walton
SUBJECT:
Bid opening on April 20, 2004, for CAG-04-037,
Talbot Hill Water Main Replacement Project Phase I
EXHIBITS:
Staff Recommendation
Bid Tabulation Sheet (eight bids)
AI #: .19
FOR AGENDA OF: April 26, 2004
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.
Expenditure Required... $500,855.36 (2004) Transfer/Amendment..
Amount Budgeted........ $542,000.00 (2004) Revenue Generated...
Total Project Budizet... $542,000.00 (2004) Citv Share Total Protect... $542,000.00
SUMMARY OF ACTION:
Engineer's Estimate: $603,024.00
RECOMMENDED ACTION:
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 Buno Construction,
LLC, in the amount of $500,855.36.
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
DATE: April 21, 2004
TO: Bonnie Walton, City Clerk
FROM: Abdoul Gafour, x7210 4V0W1--**
SUBJECT: Award of Construction Contract for Talbot Hill
Water Main Replacement Project Phase 1
On April 20, 2004, bids were opened and publicly read for the Talbot Hill Water Main
Replacement Project Phase 1. The City received eight bids.
Buno Construction, LLC, of Snohomish, Washington, submitted the lowest bid in the amount of
$500,855.36 for the construction of the improvements. We checked the low bid and found no
irregularities in it. The engineer's estimate for this project is $603,024.00.
The Water Utility recommends that the contract be awarded to Buno Construction, LLC, in the
total amount of $500,855.36.
The Water Utility budget for this project is $542,000, which includes funds for construction,
inspection, staff time and contingencies. The Water Utility has sufficient funds in our 2004
Capital Improvements Project budget account no. 421.000500.018.5960.0034.65.055170 to cover
all work that will be done on this project.
Attached is a draft agenda bill with the budget information completed. Please use this
information to prepare your agenda bill for City Council with our recommendation to award the
contract to the low bidder Buno Construction, LLC, for the Council Meeting on April 26, 2004.
If you have any questions, please call me at x7210. Thank you for your assistance on this
contract.
Attachments: Bid Tabulation
Draft Agenda Bill
cc: Gregg Zimmerman
Lys Hornsby
Nenita Ching
Rick Moreno
H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-3142 Talbot Hill Phase ]\award-memo-to-clerk-
Ol.doc\AGtp
Talbot Rill Water Main Replacement Project Phase 1
Estimated Project Expenditures (2004)
Account No. 421.000500.018.5960.0034.65.055170
Description
Amount
Construction contract
(from low bidder: Buno Construction, LLC)
$
500,855.36
--City staff for Contract Administration -(estimated)- - _ _ _ _ _
$
_. 20,000.00
Contingencies (estimated)
$
$21,144.64
Total estimated project costs
$
542,000.00
HAFile Sys\WTR - Drinking Water Utilit3\WTR-27 - Water Project Files\WTR-27-3142 Talbot Hill Phase taward-memo-to-clerk-
01.doc\AGtp
CITY OF RENTON
BID TABULATION SHEET
2ROJECT: Talbot Hill Water Main Replacement Project Phase 1; CAG-04-037
DATE: April 20, 2004
FORMS
BID
BIDDER Bid Triple Includes 8.8% Sales Tax
Bond I Form
Americon, Inc. - Tab Enterprises
X
X
23020 SE 272nd St.
Maple Valley, WA 98038
Earl M. Soushek
B & L Utility, Inc.
X
X
7101 Sexton Rd.
Snohomish, WA 98290
William R. Liffrig
Buno Construction, LLC
X
X
20219 99th Ave. SE
Snohomish, WA 98296
Dan E. Buno
Construct Co.
X
X
1621 Pease Ave.
Sumner, WA 98390
Cy Morse
D.D.J. Const. Co. Inc.
X
X
PO Box 130
Ravensdale, WA 98051
Dave Durnford
Kar-Vel Construction
X
X
PO Box 58275
Renton, WA 98058
Mike Waldner
Mosbrucker Excavating, Inc.
X
X
PO Box 745
Bothell, WA 98041-0745
Richard Johnson
VJM Construction Co., Inc.
X
X
12409 230th Pl. NE
Redmond, WA 98053
Vincent J. Mazzaferro
:NGMER'S ESTIMATE
TOTAL:
LEGEND:
Fonns: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage
$612,448.56
Qc�Q�T
$528,137.23
$500,855.36
$597,439.84
$673,831.04
$582,436.32
$621,395.97
$578,707.20
$603,024.00
*corrected
BID TAB
i
Page 1
Project Title:
Talbot Hill
City of Renton
Buno
Construction LLC
BID DATE: 4/20104 2:30 PDT
Wtr. Main Repl., Phase 1
Engineers Estimate
Low"Bid
Item
Description
Unit
Est.
Unit
Bidi
Unit
-:Bid
No.
Quantity
Price
Amount)
Price `
Amount
001
Mobilization & Demobilization
Lump Sum
1
$32,000.00
$32,000.00
$
45;000 00
$45,00.0:00
002
Trench Excavation Safety Systems
Lump Sum
1
$1,500.00
$1,500.00
$ .
5,000 00 X.
$5 000 QO
003
Construction Surveying, Staking, & As-Builts
Lump Sum
1
$5,000.00
$5,000.00
$ `
. 6;90000:
,$6 900.00-
004
Traffic Control
Lump Sum
1
$5,000.00
$5,000.00
005
Temporary Erosion/Sedimentation Controls
Lump Sum
1
$1,000.00
$1,000.00 1
$
1,500 00 `;
`$1 500.00`
006
4-Inch DIP, Cl. 52 & Fittings (Polywrapped)
Linear Foot
115
$36.00
$4,140.00
$ `
26.00
$2 990.0.0
007
6-Inch DIP, Cl. 52 & Fittings (Polywrapped)
Linear Foot
110
$42.00
$4,620.00
$ .
27.00.
$2,970.00
008
8-Inch DIP, Cl. 52 & Fittings (Pollywrapped)
Linear Foot
5,220
$47.00
$245,340.00 i
$
31.00
$1.61,820.00
009
6-Inch Gate Valve Assembly
Each
1
$450.00
$450.00
$
500.00
$500.00
010
8-Inch Gate Valve Assembly
Each
35
$700.00
$24,500.00
$ .:
•600.00.
$21,000.00
011
Fire Hydrant Assembly
Each
15
$2,000.00
$30,000.00
$
2,800.00
$42,000.00
012
3/4" Water Service Connection
Each
73
$800.00
$58,400.001
$
700.00
$51,100.00
013
3/4" Water Service Connection w/ no meter
Each
4
$700.00
$2,800.00,
$.
600.00
$2,400.00
014
1-inch Air -Release Valve
Each
1
$2,000.00
$2,000.00
$
1,800.00
$1,800.00
015
Connection to Existing Water Main
Each
12
$2,500.00
$30,000.001
$
2,000.00
$24,000.00
016
Wet Tap Connection to Existing Water Main
Each
1
$1,500.00
$1,500.001
$
2,500.00
$2 500":00
017
Concrete Thrust Blocks & Dead -man Blocks
Cubic yard
52
$100.00
$5,200.00
$
70.00
$3,640.00;
018
Removal of Existing Fire Hydrants, Valve Boxes & Appurtenances
Lump Sum
1
$2,000.00
$2,000.00
$,"
500.00
'$500.00
019
Removal & Replacement of Unsuitable Foundation Material
Ton
25
$15.00
$375.0d
$
10.00
$250.00
020
Select Imported Trench Backfill (Gravel Borrow)
Ton
1,325
$14.00
$18,550.00,
$,;.-8.00
-
$10 600:00•
021
Crushed Surfacing Top Course & Crushed Rock Backfill
Ton
500
$16.00
$8,000.00�
$
14:00
$7;000.00 .
022
Asphalt Patch Class B incl. Temp. Asphalt Pavement
Ton
610
$100.00
$61,000.00
$
75.00`,
$45,750.00.
023
Remove & Replace Sidewalk & Driveway
Sq. Yard
200
$20.00
$4,000.00'
$
25,00 "
.$51000.00
024
Remove & Replace Curb & Gutter
Linear Foot
75
$25.00
$1,875.00
025
Remove, Restore Lawn, Landscaping Restoration
Lump Sum
1
$5,000.00
$5,000.00
$' ""
10,000:00"
$10 600.00
Subtotal
$554,250.00
Subtotal
$460,345 00`
Tax
$48,774.00
Tax"
-.$401510.36°
Total
$603,024.00
Total
$500 85& 36 "
04/21 /�_.,.,4
Project Title:
BID DATE: 4/20/04
Item
No.
2:30 PDT
Description
001 Mobilization & Demobilization
002 Trench Excavation Safety Systems
003 Construction Surveying, Staking, & As-Builts
004 Traffic Control
005 Temporary Erosion/Sedimentation Controls
006 4-Inch DIP, Cl. 52 & Fittings (Polywrapped)
007 6-Inch DIP, Cl. 52 & Fittings (Polywrapped)
008 8-Inch DIP, Cl. 52 & Fittings (Pollywrapped)
009 6-Inch Gate Valve Assembly
010 8-Inch Gate Valve Assembly
011 Fire Hydrant Assembly
012 3/4" Water Service Connection
013 3/4" Water Service Connection w/ no meter
014 1-inch Air -Release Valve
015 Connection to Existing Water Main
016 Wet Tap Connection to Existing Water Main
017 Concrete Thrust Blocks & Dead -man Blocks
018 Removal of Existing Fire Hydrants, Valve Boxes & Appurtenances
019 Removal & Replacement of Unsuitable Foundation Material
020 Select imported Trench Backfill (Gravel Borrow)
021 Crushed Surfacing Top Course & Crushed Rock Backfill
022 Asphalt Patch Class B incl. Temp. Asphalt Pavement
023 Remove & Replace Sidewalk & Driveway
024 Remove & Replace Curb & Gutter
025 Remove, Restore Lawn, Landscaping Restoration
BIB B
Talbot Hill
Wtr. Main Repl., Phase 1
Unit Est.
Quantity
B & L Utility
Unit
Price
Bid
Amount
'age 2
VJM Construction Co., Inc.
Unit Bid
Price Amount
Lump Sum
1
$
30,000.00
$30,000.00
$
30,000.00
$30,000.00
Lump Sum
1
$
100.00
$100.00
$
100.00
$100.00
Lump Sum
1
$
10,000.00
$10,000.00
$
12,000.00
$12,000.00
Lump Sum
1
$
7,000.00
$7,000.00
$
8,000.00
$8,000.00
Lump Sum
1
$
2,000.00
$2,000.00
$
4,000.00
$4,000.00
Linear Foot
115
$
40.00
$4,600.00
$
43.00
$4,945.00
Linear Foot
110
$
40.00
$4,400.00
$
45.00
$4,950.00
Linear Foot
5,220
$
36.00
$187,920.00
$
39.00
$203,580.00
Each
1
$
400.00
$400.00
$
450.00
$450.00
Each
35
$
600.00
$21,000.00
$
630.00
$22,050.00
Each
15
$
2,500.00
$37,500.00
$
3,200.00
$48,000.00
Each
73
$
800.00
$58,400.00
$
700.00
$51,100.00
Each
4
$
800.00
$3,200.00
$
700.00
$2,800.00
Each
1
$
1,500.00
$1,500.00
$
1,800.00
$1,800.00
Each
12
$
2,000.00
$24,000.00
$
3,000.00
$36,000.00
Each
1
$
2,500.00
$2,500.00
$
3,000.00
$3,000.00
Cubic yard
52
$
100.00
$5,200.00
$
150.00
$7,800.00
Lump Sum
1
$
1,000.00
$1,000.00
$
500.00
$500.00
Ton
25
$
0.01
$0.25
$
5.00
$125.00
Ton
1,325
$
1.00
$1,325.00
$
10.00
$13,250.00
Ton
500
$
20.00
$10,000.00
$
15.00
$7,500.00
Ton
610
$
100.00
$61,000.00
$
70.00
$42,700.00
Sq. Yard
200
$
35.00
$7,000.00
$
50.00
$10,000.00
Linear Foot
75
$
25.00
$1,875.00
$
30.00
$2,250.00
Lump Sum
1
$
3,500.00
$3,500.00
$
15,000.00
$15,000.00
Subtotal
$485,420.25
Subtotal
$531,900.00
Tax
$42,716.98
Tax
$46,807.20
Total
$528,137.23
Total
$578,707.20
04/21 /2004
BID TAB
Project Title: Talbot Hill
BID DATE: 4/20/04 2:30 PDT Wtr. Main Repl., Phase 1
Item Description Unit Est.
No. Quantity
001 Mobilization & Demobilization
Lump Sum
1
002 Trench Excavation Safety Systems
Lump Sum
1
003 Construction Surveying, Staking, & As-Builts
Lump Sum
1
004 Traffic Control
Lump Sum
1
005 Temporary Erosion/Sedimentation Controls
Lump Sum
1
006 4-Inch DIP, Cl. 52 & Fittings (Polywrapped)
Linear Foot
115
007 6-Inch DIP, Cl. 52 & Fittings (Polywrapped)
Linear Foot
110
008 8-Inch DIP, Cl. 52 & Fittings (Pollywrapped)
Linear Foot
5,220
009 6-Inch Gate Valve Assembly
Each
1
010 8-Inch Gate Valve Assembly
Each
35
011 Fire Hydrant Assembly
Each
15
012 3/4" Water Service Connection
Each
73
013 3/4" Water Service Connection w/ no meter
Each
4
014 1-inch Air -Release Valve
Each
1
015 Connection to Existing Water Main
Each
12
016 Wet Tap Connection to Existing Water Main
Each
1
017 Concrete Thrust Blocks & Dead -man Blocks
Cubic yard
52
018 Removal of Existing Fire Hydrants, Valve Boxes & Appurtenances
Lump Sum
1
019 Removal & Replacement of Unsuitable Foundation Material
Ton
25
020 Select Imported Trench Backfill (Gravel Borrow)
Ton
1,325
021 Crushed Surfacing Top Course & Crushed Rock Backfill
Ton
500
022 Asphalt Patch Class B incl. Temp. Asphalt Pavement
Ton
610
023 Remove & Replace Sidewalk & Driveway
Sq. Yard
200
024 Remove & Replace Curb & Gutter
Linear Foot
75
025 Remove, Restore Lawn, Landscaping Restoration
Lump Sum
1
Page 3
Kar-Vel Construction Construct Co.
Unit
Price
Bid
Amount
I Unit
1 Price
Bid
Amount
$
53,000.00
$53,000.00
$
19,150.00
$19,150.00
$
300.00
$300.00
$
8,400.00
$8,400.00
$
14,000.00
$14,000.00
$
10,100.00
$10,100.00
$
600.00
$600.00
$
32,000.00
$32,000.00
$
900.00
$900.00
$
4,500.00
$4,500.00
$
31.50
$3,622.50
$
20.00
$2,300.00
$
34.00
$3,740.00
$
34.00
$3,740.00
$
41.30
$215,586.00
$
39.00
$203,580.00
$
400.00
$400.00
$
570.00
$570.00
$
590.00
$20,650.00
$
740.00
$25,900.00
$
2,700.00
$40,500.00
$
2,400.00
$36,000.00
$
800.00
$58,400.00
$
970.00
$70,810.00
$
800.00
$3,200.00
$
970.00
$3,880.00
$
1,900.00
$1,900.00
$
2,700.00
$2,700.00
$
1,900.00
$22,800.00
$
900.00
$10,800.00
$
2,900.00
$2,900.00
$
2,500.00
$2,500.00
$
2.00
$104.00
$
180.00
$9,360.00
$
1,800.00
$1, 800.00
$
330.00
$330.00
$
12.00
$300.00
$
39.00
$975.00
$
11.00
$14,575.00
$
17.50
$23,187.50
$
14.00
$7,000.00
$
20.50
$10,250.00
$
80.00
$48,800.00
$
81.00
$49,410.00
$
15.00
$3,000.00
$
34.00
$6,800.00
$
30.00
$2,250.00
$
25.00
$1,875.00
$
15,000.00
$15,000.00
$
10,000.00
$10,000.00
Subtotal
$535,327.50
Subtotal
$549,117.50
Tax
$47,108.82
Tax
$48,322.34
Total
$582,436.32
Total
$597,439.84
04/21 /,--,,4
Bit' B
age 4
Project Title: Talbot Hill
BID DATE: 4/20/04 2:30 PDT Wtr. Main Repl., Phase 1
Item Description Unit Est.
No. Quantil
001 Mobilization & Demobilization
Lump Sum
1
002 Trench Excavation Safety Systems
Lump Sum
1
003 Construction Surveying, Staking, & As-Builts
Lump Sum
1
004 Traffic Control
Lump Sum
1
005 Temporary Erosion/Sedimentation Controls
Lump Sum
1
006 4-Inch DIP, Cl. 52 & Fittings (Polywrapped)
Linear Foot
115
007 6-Inch DIP, Cl. 52 & Fittings (Polywrapped)
Linear Foot
110
008 8-Inch DIP, Cl. 52 & Fittings (Pollywrapped)
Linear Foot
5,220
009 6-Inch Gate Valve Assembly
Each
1
010 8-Inch Gate Valve Assembly
Each
35
011 Fire Hydrant Assembly
Each
15
012 3/4" Water Service Connection
Each
73
013 3/4" Water Service Connection w/ no meter
Each
4
014 1-inch Air -Release Valve
Each
1
015 Connection to Existing Water Main
Each
12
016 Wet Tap Connection to Existing Water Main
Each
1
017 Concrete Thrust Blocks & Dead -man Blocks
Cubic yard
52
018 Removal of Existing Fire Hydrants, Valve Boxes & Appurtenances
Lump Sum
1
019 Removal & Replacement of Unsuitable Foundation Material
Ton
25
020 Select Imported Trench Backfill (Gravel Borrow)
Ton
1,325
021 Crushed Surfacing Top Course & Crushed Rock Backfill
Ton
500
022 Asphalt Patch Class B incl. Temp. Asphalt Pavement
Ton
610
023 Remove & Replace Sidewalk & Driveway
Sq. Yard
200
024 Remove & Replace Curb & Gutter
Linear Foot
75
025 Remove, Restore Lawn, Landscaping Restoration
Lump Sum
1
Americon, Inc. Mosbrucker Excavating, Inc.
Unit
Price
Bid
Amount
Unit
Price
Bid
Amount
$
48,133.61
$48,133.61
$
31,275.00
$31,275.00
$
609.01
$609.01
$
3,544.00
$3,544.00
$
10,406.41
$10,406.41
$
9,680.00
$9,680.00
$
460.57
$460.57
$
19,755.00
$19,755.00
$
576.91
$576.91
$
11,850.00
$11,850.00
$
18.67
$2,147.05
$
24.70
$2,840.50
$
19.44
$2,138.40
$
25.10
$2,761.00
$
28.35
$147,987.00
$
43.10
$224,982.00
$
494.32
$494.32
$
386.00
$386.00
$
631.72
$22,110.20
$
580.00
$20,300.00
$
2,464.24
$36,963.60
$
2,900.00
$43,500.00
$
1,772.09
$129,362.57
$
830.00
$60,590.00
$
1,789.86
$7,159.44
$
834.00
$3,336.00
$
559.29
$559.29
$
2,080.00
$2,080.00
$
2,751.94
$33,023.28
$
2,172.00
$26,064.00
$
3,917.94
$3,917.94
$
2,276.00
$2,276.00
$
91.56
$4,761.12
$
10.00
$520.00
$
412.26
$412.26
$
1,954.00
$1,954.00
$
31.82
$795.50
$
21.20
$530.00
$
22.79
$30,196.75
$
16.50
$21, 862.50
$
22.80
$11,400.00
$
19.50
$9,750.00
$
71.07
$43,352.70
$
85.00
$51,850.00
$
44.37
$8,874.00
$
33.00
$6,600.00
$
32.06
$2,404.50
$
38.00
$2,850.00
$
14,665.85
$14,665.85
$
10,000.00
$10,000.00
Subtotal
$562,912.28
Subtotal
$571,136.00
Tax
$49,536.28
Tax
$50,259.97
Total
$612,448.56
Total
$621,395.97
04/21 /2004
BID TAB
Page 5
Project Title:
BID DATE: 4/20/04 2:30 PDT
Item Description
No.
001 Mobilization & Demobilization
002 Trench Excavation Safety Systems
003 Construction Surveying, Staking, & As-Builts
004 Traffic Control
005 Temporary Erosion/Sedimentation Controls
006 4-Inch DIP, Cl. 52 & Fittings (Polywrapped)
007 6-Inch DIP, CI. 52 & Fittings (Polywrapped)
008 8-Inch DIP, CI.52 & Fittings (Pollywrapped)
009 6-Inch Gate Valve Assembly
010 8-Inch Gate Valve Assembly
011 Fire Hydrant Assembly
012 3/4" Water Service Connection
013 3/4" Water Service Connection w/ no meter
014 1-inch Air -Release Valve
015 Connection to Existing Water Main
016 Wet Tap Connection to Existing Water Main
017 Concrete Thrust Blocks & Dead -man Blocks
018 Removal of Existing Fire Hydrants, Valve Boxes & Appurtenances
019 Removal & Replacement of Unsuitable Foundation Material
020 Select Imported Trench Backfill (Gravel Borrow)
021 Crushed Surfacing Top Course & Crushed Rock Backfill
022 Asphalt Patch Class B incl. Temp. Asphalt Pavement
023 Remove & Replace Sidewalk & Driveway
024 Remove & Replace Curb & Gutter
025 Remove, Restore Lawn, Landscaping Restoration
Talbot Hill
Wtr. Main Repl., Phase 1
Unit
DDJ Construction Co., Inc.
Est. Unit Bid
jantity Price Amount
Lump Sum
1
$ 25,000.00
Lump Sum
1
$ 100.00
Lump Sum
1
$ 10,000.00
Lump Sum
1
$ 5,000.00
Lump Sum
1
$ 1,000.00
Linear Foot
115
$ 20.00
Linear Foot
110
$ 110.00
Linear Foot
5,220
$ 44.50
Each
1
$ 575.00
Each
35
$ 875.00
Each
15
$ 2,875.00
Each
73
$ 1,000.00
Each
4
$ 900.00
Each
1
$ 1,850.00
Each
12
$ 3,500.00
Each
1
$ 3,800.00
Cubic yard
52
$ 280.00
Lump Sum
1
$ 8,000.00
Ton
25
$ 10.00
Ton
1,325
$ 15.00
Ton
500
$ 18.00
Ton
610
$ 88.00
Sq. Yard
200
$ 48.00
Linear Foot
75
$ 40.00
Lump Sum
1
$ 15,000.00
Subtotal
Tax
Total
$25,000.00
$100.00
$10,000.00
$5,000.00
$1,000.00
$2,300.00
$12,100.00
$232,290.00
$575.00
$30,625.00
$43,125.00
$73,000.00
$3,600.00
$1,850.00
$42,000.00
$3,800.00
$14,560.00
$8,000.00
$250.00
i
$19,875.00
$9,000.00
$53,680.00
$9,600.00
$3,000.00
$15,000.00
$619,330.00
$54,501.04
$673,831.04
04/21 /. +
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board.. Finance & IS Department
Staff Contact...... Victoria Runkle, Administrator
Subject:
Consulting Agreement with Bardsley Associates Inc.
Exhibits:
Issue Paper
Consulting Agreement
For Agenda of:
April 26, 2004
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information.........
Recommended Action: Approvals:
Legal Dept.........
Refer to the Finance Committee Finance Dept......
of May 10, 2004. Other ...............
Fiscal Impact:
Expenditure Required... $ 68,000.00 Transfer/Amendment.......
Amount Budgeted....... $150,000.00 Revenue Generated.........
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
X
Springbrook's utility billing software needs to be upgraded to version 6 to better service the needs
of the City. The services of Bardsley Associates is needed to facilitate and implement the
upgrade of the Springbrook Utility System from version 5 to version 6.
STAFF RECOMMENDATION:
Staff recommends that Council approve the consulting agreement with Bardsley Associates Inc.
and authorize the Mayor and City Clerk to execute the agreement.
H:\FINANCE\ADMINSUP\2_AgendaBills\Bardsley contract_Springbrook upgrade.doc
1►
NA
to
0- CITY OF RENTON
u �
Finance & Information Services Department
MEMORANDUM
Date: April 20, 2004
To: Don Persson, Council President
City Councilmembers
�_G ,�l
Via: Kathy Keolker-Wheeler, Mayor
;w
From: Victoria Runkle, Finance & IS Administrator
Staff Contact: Elaine Gregory, Fiscal Services Director, Ext. 6987
Subject: Springbrook Utility Billing System, Version 6 Upgrade
Contract with Bardsley Associates Inc.
ISSUE:
Request the Council approve the contract with Bardsley Associates Inc. to implement Springbrook
Utility Billing System for Version 5 to Version 6. Also, outline the full costs of the actual conversion
RECOMMENDATION:
Staff recommends that Council approve the contract with Bardsley Associates Inc. to facilitate the
upgrade of the Springbrook Utility Billing System from version 5 to version 6.
BACKGROUND SUMMARY:
In January 2000, we went live with Springbrook's software for utility billing. That conversion was
necessary for a number of reasons, the most important reason surrounded Y2K concerns. While the data
conversion was `successful', we have since learned a great deal as to the relationships and needs between
Finance's Utility Billing and Public Works' Permits and Building.
Since implementation, the City has grown in population, creating a greater demand on the Utility Billing
Group. The current customer database exceeds 17,000, and it will only increase over time. While the
current Springbrook software provides very good billing service to customers, we recognize that a greater
utilization of the data is necessary for Public Works' Development Services, as well as the individual
Public Works' Utilities (Water, Sewer, Waste Water, Solid Waste, and Surface Water).
To: Don Persson, Council President
City Councilmembers
Via: Kathy Keolker-Wheeler, Mayor
April 20, 2004
Page 2
Understanding this need, and recognizing that Springbrook's upgraded software version can better meet
our needs, City staff decided to move from the currently used version 5 of Springbrook to version 6. This
upgrade is also necessitated by the fact that Springbrook will cease to support version 5 software in the
future. Thus, we have to upgrade. The question is whether we simply upgrade to meet the needs of the
utility billing group or ensure the new upgrade meets all departments' data needs.
SPRINGBROOK V.6 UPGRADE PROJECT:
To meet the needs of -several -departments, -staff determined- that --a global -approach would-be best. _
Accomplishing this is a challenge as it requires a clear understanding of the needs of Utility Billing,
Utility Engineers, Permit staff, Solid Waste, and Recycle staff. The process selected was to hire a
consulting firm to conduct `interviews' with various city staff, develop a needs assessment, and prepare a
proposal on the best method to implement the software upgrade. In late 2003 we had the budget to begin
initial interviews. The consulting firm of Bardsley Associates Inc. was selected to conduct the interviews
and prepare the needs assessment.
This was conducted in small segments intentionally to ensure we had clear expectations from both the
utilities' divisions and the utility billing division of the City. It was imperative in the beginning as we
started this discussion to use a facilitator to hear all the needs. This contract was under $10,000. There
was no understanding that we would go further with any vendor or project until this work was completed.
Bardsley performed interviews during the months of October and November 2003. The final report was
presented to staff in January 2004. From this report, staff determined the need to conduct a series of
workshops that included a team of key employees that work in the target departments, as well as
representatives from Springbrook. Chuck McLean, of Bardsley Associates, facilitates each workshop
with the needs identified in the workshops to be the basis of the data conversion of the software and
potential policy/procedure changes. We had budget for this work and kept the beginning phases at a low
level under $15,000. As will be demonstrated, we realized this project was going to require a significant
amount of work for many employees, and we wanted to make certain we had realistic goals before
conversion began. Further, these workshops required everyone's participation. Given we had the budget
and it was a small amount, we chose to continue with Bardsley to identify all the needs and wants
departments had for a new Utility Billing System.
BUDGET:
Fundamentally, the Finance Department's goal was to upgrade the Utility Billing system to Version 6
and, not necessarily, meet all the needs of the utility division. We realized that to maximize the use of the
data we had, integrate the UB System with Permits Plus and the GIS System, and have the ability to do a
great many reports, would require a significant amount of talent from outside and from our own
employees. We know we are collecting an enormous amount of data on water and sewer usage, solid
waste and surface water issues. We need to use the data more effectively to develop future decisions and
rate models. This work includes really working through the data model as a group and understanding the
elements and the components. It is extremely complicated.
If this project were merely an upgrade of one software version to another, the cost would be minimal.
However, to accomplish the goals that were identified this first quarter, we will need to have a vendor
E:\ADMINSUP\5_IssuePapers_memos to Councilor Mayor\Springbrook upgrade issue paper dl.doc
To: Don Persson, Council President
City Councilmembers
Via: Kathy Keolker-Wheeler, Mayor
April 20, 2004
Page 3
that understands billing systems, Springbrook, and the Water Division's needs. Bardsley Associates
brings all the requirements to this project.
If this contract is approved, in May we will begin to upgrade the data base, integrate this system with the
various other systems we have in place to include: GIS, Permits Plus and other financial systems. We
will not only be using Bardsley to help us with this work, but will also be taking one customer service
representative from the utility billing group and, at least, one person from the Water Division to help in
implementing this system. This is a very expensive undertaking. We cannot send incorrect bills to our
customers. We cannot send incorrect reports on water consumption to our third party vendors. We
cannot "lose" cash. We have connections to US Bank that must be developed, as mail payments go to
them for processing. Because of is exposure to the public, and the public's connection to their monthly
bills, we must do this correctly.
Bardsley Associates has helped several other agencies implement Version 6, including Covington Water
District. Our system is even more complicated because we are one of the few agencies that also has solid
waste within our same billing system. We are recommending hiring them for project management,
running parallel tests, developing various reports, and ensuring Springbrook representatives accomplish
their work on time.
Summary:
The Bardsley contract is but one element of this project. We adopted a $150,000 budget for this project
in the 2004 Budget. We have $50,000 in the 2004 Information Services Capital budget under Fund 316,
The balance comes from all four of the 2004 Utilities budgets as a professional services cost. In addition
to the Bardsley contract, we will be spending approximately $30,000 for Springbrook software upgrades
and various elements of that work. We also must convert our current system to an SQL server. This will
cost an additional $12,000. We have set aside $30,000 of the project funds to meet possible overtime
costs and other unforeseen issues. This is basically a contingency. There are always issues when one
begins to change a system to meet particular City needs. Some of these dollars will be used for overtime,
and other dollars will be used for small changes to the data base, which we do not know about at this
time.
CONCLUSION:
Springbrooks' utility billing software needs to be upgraded to version 6 to better service the needs of the
City. The services of Bardsley Associates is needed to facilitate the upgrade of the Springbrook Utility
Billing System from version 5 to version 6. Please call with any questions you may have. The total for
the actual upgrade to the system will be $68,000.
VAR/EG/dif
cc: Jay Covington, CAO
Derek Todd, Assistant to the CAO
Gregg Zimmerman, P/B/PW Administrator
Bonnie Walton, City Clerk
H:\FINANCE\ADMINSUP\5_IssuePapers_memos to Council or Mayor\Springbrook upgrade issue paper dl .doc
CONSULTING AGREEMENT
THIS AGREEMENT, made and entered into by and between Bardsley Associates Inc.
(hereinafter "Consultant"), a corporation duly authorized and existing under the State of
Washington and having its principal offices at 1420 Fifth Ave, Suite 2200, Seattle,
Washington 98101, and the City of Renton, Washington (hereinafter "the City"), a
government organization having its principal offices at 1055 S Grady Way, Renton,
Washington 98055.
Consultant desires to perform necessary consulting and facilitating services to assist the
City in preparation and implementation of Springbrook Systems Utility Billing Software
upgrade to version 6 enhanced (6e). Both parties agree they are able to comply with and
will. satisfy_ the_ terms and c_ onditions as set forth in this agreement. Both parties, intending
to be legally bound, agree to the following:
SECTION 1— DEFINITIONS
The definition of terms set forth in this section shall apply when such terms are used in this
Agreement, its exhibits, and any amendments:
1.1 "Licensed Program." The computer program specifically identified within the Exhibits
herein as applications within the Springbrook Systems UB product line, including
object code, as well as related procedural code, and documentation of any type which
describes it.
1.2 "Proprietary Information." Unpublished "know-how" and "trade secrets" which shall
include, without limitation, computer programs, program designs, algorithms,
subroutines, system specifications, test data, charts, graphs, operation sheets, and all
other technical information, owned by Springbrook Systems or under its control,
relating to the development and production or use of the Licensed Program and the
design, configuration, programming, and protocol of the Licensed Program.
SECTION 2 — CONSULTING SERVICES
2.1 Scope of Service. Subject to compliance by the City with the terms hereof, the
Consultant agrees to perform the following services:
a. Interview staff from Planning/Building/Public Works Department (P/B/PW),
specifically Permits and Building, and Finance & Information Services (FIS)
Department, and prepare a project document assessing the City's needs and
proposed outcome resulting from the v.6e Springbrook upgrade.
b. The Consultant will assist the City as outlined in Exhibit A. The purpose being to
develop a global approach to incorporate other software used by the City into
Springbrook Systems. Outcome would be a more fully functional system with
greater efficiency to derive a variety of P/B/PW Department and FIS Department
needs.
CONSULTING AGREEMENT
2.2 Delivery of Materials. Consultant shall deliver the following documents:
1. Initial project document — past interviews.
2. Notes/tasks accomplished as a result of the workshops.
3. Implementation schedule.
4. Business procedure enhancements as needed.
SECTION 3 — TITLE TO MATERIALS
3.1 Title to Documentation. All right, title, and interest in and to produced documents
referenced in 2.2, including the media on which the same are furnished to the City, are and
shall remain with the City.
SECTION 4 — FEES AND PAYMENTS
4.1 Consulting Fee. In consideration of the services granted hereunder, the City shall pay
the Consultant based on a per hour rate of between $100 and $165/hour, as well as other
associated costs as further defined in Exhibit B, attached hereto.
4.2 Per Diem. Charges for meals and incidental expenses will be charged on a per diem
basis. The rate for such per diem shall be the maximum meals and incidental expenses
allowed for the City's locality as specified in 41 CFR Section 301 Appendix A of the code of
Federal Regulations.
4.3 Other Costs. Other costs, including but not limited to air/train/taxi fare, charges for
reasonable and normal travel time to and from the customer site, parking, freight costs,
reproduction charges, and other incidental expenses incurred by Consultant on account of
this Agreement, shall be billed to the City.
4.4 Payment. Payment for all fees and charges shall be in accordance with the payment
schedule set forth in Exhibit B — Consulting Fees and Expenses.
4.5 Taxes. The fees and charges specified in this section are exclusive of any federal, state,
or local excise, sales, use, and similar taxes assessed or imposed with respect to the service
and support provided hereunder. The City shall pay any such amounts upon request of the
Consultant accompanied by evidence of imposition of such taxes.
SECTION 5 — PROPRIETARY PROTECTION OF MATERIALS
5.1 Acknowledgment of Proprietary Materials; Limitations on Use. In the event the City
discloses to the Consultant information that the City considers secret or proprietary, and so
notifies the Consultant, the Consultant agrees to hold the Proprietary Information in
confidence and to treat the Proprietary Information with at least the same degree of care
and safeguards that it takes with its own proprietary information. Proprietary
Information shall be used by the Consultant only in connection with services rendered
under this Agreement. Proprietary Information shall not be deemed to include
information that (a) is in or becomes in the public domain without violation of this
CONSULTING AGREEMENT
Agreement by the Consultant, or (b) is already in the possession of the Consultant, as
evidenced by written documents, prior to the disclosure thereof by the City, or (c) is
rightfully received from a third entity having no obligation to the City and without
violation of this Agreement by the Consultant.
5.2 Reproduction of Documentation. The City may reproduce the documentation provided
by the Consultant, provided that such reproductions are for the private internal use of the
City.
5.3 Survival of Terms. The provisions of Sections 5.1 through 5.2 shall survive termination
of the Agreement for any reason.
SECTION 6 — LIMITED WARRANTY, LIMITATION OF
LIABILITY, AND INDEMNITY
6.1 Limited Warranty Against Infringement. The Consultant warrants that the
documentation as delivered to the City does not infringe any third -party rights in patent,
copyright, or trade secret in the United States.
6.2 Disclaimer. EXCEPT AS SECIFICALLY SET FORTH HEREIN, THE
CONSULTANT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED,
REGARDING OR RELATING TO THE CONSULTING ADVICE AND/OR
DOCUMENTATION OR TO ANY OTHER MATERIALS FURNISHED OR PROVIDED
TO THE CITY HEREUNDER. THE CONSULTANT SPECIFICALLY DISCLAIMS
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO SAID MATERIALS OR THE USE
THEREOF.
6.3 Limitation of Liability. EXCEPT WITH RESPECT TO LIABILITY ARISING FROM
CLAIMS OF INFRINGEMENT OF THIRD -PARTY RIGHTS IN THE UNITED STATES
IN COPYRIGHT, TRADE SECRET, OR PATENT, IN NO EVENT SHALL THE
CONSULTANT BE LIABLE UNDER ANY CLAIM, DEMAND, OR ACTION ARISING
OUT OF OR RELATING TO ITS PERFORMANCE OR LACK THEREOF UNDER
THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, WHETHER OR NOT THE CONSULTANT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND, OR ACTION.
6.4 City Indemnification. The City shall and does hereby agree to indemnify, hold
harmless, and save the Consultant from liability against any claim, demand, loss or action
resulting from the City's use or modification of the Springbrook Software System and
documentation.
6.5 Consultant Indemnification. The Consultant shall and does hereby agree to indemnify,
hold harmless, and save the City from liability against any claim, demand, loss, or action
alleging that the Springbrook Software System Upgrade infringe any third -party rights in
the United State respecting copyright, trade secret, or patent.
6.6 Survival of Terms. The provisions of Sections 6.1 through 6.5 shall survive termination
of this agreement.
CONSULTING AGREEMENT
SECTION 7 — TERM AND TERMINATION
7.1 Term. The terms of this Agreement commenced on November 1, 2003, as contained
herein and shall continue until terminated in accordance with the terms thereof.
7.2 Termination by Either Party. This Agreement may be terminated by the City at any
time, for any reason. This Agreement may be terminated by the Consultant on 30 days
written notice to the City. Notwithstanding, this Agreement may be terminated by the
Consultant at any time if the City is in violation of the terms of this Agreement, including
invoice payment terms.
SECTION 8 — MISCELLANEOUS
8.1 Entire Agreement. This Agreement constitutes the entire Agreement between the
parties and supersedes all proposals, presentations, representations, and communications,
whether oral or in writing, between the parties on this subject. Neither party shall be
bound by any warranty, statement, or representation not contained herein.
8.2 No Assignment. The City shall not sell, transfer, assign, or subcontract any right or
obligation hereunder without the prior written consent of the Consultant. Any act in
derogation of the foregoing shall be null and void; provided, however, that any such
assignment shall not relieve the City of its obligations under this Agreement.
8.3 Force Majeure. Excepting provisions of this Agreement relating to the protection of the
City's Proprietary Information, neither party shall be in default of the terms hereof if such
action is due to a natural calamity, or similar causes beyond the control of such party.
8.4 Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. Venue for all actions shall be in the County of
King, Washington.
8.5 Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain
in full force and effect.
8.6 Notice. Any notice required or permitted to be made or given by either party under
this Agreement shall be made in writing and delivered by hand or by certified mail, postage
prepaid, addressed as first set forth above or to such other address as a party shall
designate by written notice given to other part.
8.7 Acts of Insolvency. The City may terminate this Agreement by written notice to the
Consultant if the Consultant becomes insolvent, makes a general assignment for the benefit
of creditors, suffers or permits the appointment of a receiver for its business or assets,
becomes subject to any proceeding under any domestic bankruptcy or insolvency law or
publicly announces liquidation proceedings.
8.8 Insurance. During the term of this Agreement, the Consultant shall maintain an
appropriate level of insurance against all personal and property damage caused by the
CONSULTING AGREEMENT
Consultant's employees while on the City's premises and shall exhibit certificates of
evidence of such insurance upon request by the City. The City shall be named as an
Additional Insured in the Certificate of Liability Insurance. A copy of that certificate is
included with this agreement, see Exhibit C.
8.9 Equal Opportunity Employer. The Consultant shall not discriminate in its recruiting,
hiring, promotion, demotion, or termination practices on the basis of race, religious creed,
color, national origin, ancestry, sex, age, or physical handicap in the performance of this
Agreement.
8.10 Disclaimer of Warranty and Limitation of Liability. EXCEPT AS EXPRESSLY
SET FORTH HEREIN, THE CONSULTANT EXPRESSLY DISCLAIMR-ANY AND ALL —
WARRANTIES CONCERNING THE SYSTEM OR THE SERVICES TO BE
RENDERED HEREUNDER, WHETHER EXPRESSED OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
SECTION 9 — EXHIBITS A, B, C, D
The following Exhibits are attached:
Exhibit A — Proposed Assistance
Exhibit B — Consulting Fees and Expenses
Exhibit C — Insurance
Exhibit D —Background and Experience of Project Team
In Witness Whereof, the parties have cause this Consulting Agreement to be executed as set
forth below:
By: Bardsley Associates, Inc.
Jackie Bardsley, Principal Consultant
Bardsley Associates, Inc.
1420 Fifth Avenue, Suite 2200
Seattle, Washington 98101
By: City of Renton, Washington
Kathy Keolke r- Wheeler, Mayor
City of Renton
1055 South Grady Way
Renton, Washington 98055
Date: Date:
CONSULTING AGREEMENT
EXHIBIT A
PROPOSED ASSISTANCE
The City of Renton (the City) is planning to upgrade their Springbrook Utility Billing
System (UB) from version 5 to version 6. The City intends to use this opportunity to re -
implement the package in order to better meet the needs of the City. Particular attention
will be paid to the business needs and information requirements of the Public Works
department. The following assistance will be provided:
• Interview city personnel in P/B/PW department, as well as utility billing and
information services personnel in the FIS department.
• Facilitate workshops and document the findings.
• Develop the software implementation plan.
• Prepare for and attend steering committee meetings.
• Lead process improvement initiatives and assist the City in developing best
practices.
• Provide Springbrook subject matter expertise.
• Assist with data structure configuration and reporting analysis.
• Provide experts in Springbrook Systems through the phases of training, testing,
data conversion, interface development, and go -live.
Bardsley Associates is committed to assisting through the anticipated go -live date of August
2004. Upon acceptance of the project document, the following phases will take place.
CONSULTING AGREEMENT
EXHIBIT A
PROPOSED ASSISTANCE
Implementation:
➢ Preparation of Implementation Schedule for the City' including determination of
additional interface features, database, downloads, testing, training dates, parallel
and projected `Go Live.'
PHASE II —TEST DATABASE, PARALLEL DATABASE, GO "LIVE"
Title Dates
➢ 1 st Test Database May 15, 2004
➢ 2nd Upgrade Database May 20, 2004
with additional test
and review process.
➢ 3rd Upgrade database June 15, 2004
and 1st Parallel
➢ Final upgrade database July 15, 2004
and conversion, final
Parallel testing
➢ Live Implementation August 1, 2004
CONSULTING AGREEMENT
EXHIBIT B
CONSULTING FEES AND EXPENSES
Principal consultants from Bardsley Associates will perform this project. Bardsley
Associates will be the single point of accountability, acting as the primary project contact
for the City.
Consulting services are billed at an hourly rate based on actual hours worked. Prior to
starting an engagement, agreed number of hours for the project will be established and will
not exceed this amount without the City's prior approval. The appropriate level of service
is approximately 20 hours of consulting service per week for the estimated twenty-seven
weeks of the project. The resulting fees will not exceed $80,000 without the City's prior
approval.
The following table presents the estimate of fees that will be based upon the actual number
of hours worked. The number of hours worked will be managed and controlled by the
City's project manager.
Consultant
Estimated
Hours Low
Estimated
Hours High
Hourly
Rate
Low
Estimate
High
Estimate
Chuck McLean
250
342
$145
$36,250
$49,700
Jackie Bardsley
0
20
$165
$0
$3,300
Other consultants, as
required
50
150
$100
$5,000
$15,000
Total
350
595
N/A
$41,250
$68,000
Consulting services for the scope and approach outlined will be performed at an hourly
rate of $145 by Chuck McLean. Consulting services performed by Jackie Bardsley will be
billed at an hourly rate of $165. Consulting services performed by other consultants will be
billed at an hourly rate of $100. No anticipated out-of-pocket expenses will be required for
this project.
CONSULTING AGREEMENT
EXHIBIT C
INSURANCE
The City of Renton is named as an additional insured as per Bardsley Associates, Inc.'s
Certificate of Liability Insurance (copy attached).
4A
ACOIRD ,� CERTIFICATE OF LIABILITY INSURANCE
DATE(MMM°nYYY)
02/23/2004
*ODUCER
Aliment Insurance Agency, Inc.
3" '9 Pacific Highway So
E ral Way, WA 98003
(253) 874-2460
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC#
'ISURED Bardsley Associates, Inc
P.O. Box 46758
Seattle, WA 98146
INSURERA: West American Ins. Co
INSURER B:
INSURERC:
INSURERD:
INSURER E:
:OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
OR
.TR
W01L
maw
F N
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDD
POLICYEXPIRATION
DATE MMIDD
LIMITS
000.
GENERAL LIABILITY
EACH OCCURRENCE
$1 , i
300,000.
x COMMERCIAL GENERAL LIABILITY
PREMISES Ea oocurence
$
10,000.
CLAIMSMADE a OCCUR
MEDEXP(Anyoneper.on)
$
A
ZW( 03) 50581585
8/10/03
8/10/04
PERSONAL&ADVINJURY
$
GENERAL AGGREGATE
$2, 000, 000.
k1L AGGREGATE LIMIT APPLIES PER
PRODUCTS -COMPIOPAGG
$
POLICY PECT LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
$
ANYAUTO
(Ea accident)
BODILYINJURY
$
ALLOWNEDAUTOS
SCHEDULED AUTOS
(Per pion)
BODILY INJURY
$
HIRED AUTOS
NON-OWNEDAUTOS
(Peraccident)
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Certificate Holder is also an Additional Insured
-ERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
The City Of Renton DATE THEREOF, THE ISSUING INSURER VALL ENDeWOR-TO MAIL 4 5 DAYS WRITTEN
1055 South Grady Way NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Renton, WA 98055 IMpn^+ NO OBLIGATION OR LU1Bu rry nc �w „oti IRE �� ^��1TG n
4CORD25(2001/08)
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CONSULTING AGREEMENT
EXHIBIT D
BACKGROUND AND EXPERIENCE OF PROJECT TEAM
Bardsley Associates is a Seattle -based consulting firm with a practice focused on IT
strategic planning, requirements analysis, system selection, business process analysis, and
implementation project management. The firm has three principal consultants — Jackie
Bardsley, Chuck McLean and John Blanchard. Over the 16 years they have been in
business they have developed an effective methodology for managing projects, gathering
requirements, developing and documenting strategic IT plans. Their extensive library of
requirements, checklists, evaluation criteria and other templates allows us to conduct
_ . system_projects_in an efficient manner. Clients_include_local governments,_ utilities, not for
profits, and a wide range of private sector organizations, allowing them to bring a wealth of
experience to other client projects.
Their hands-on experience in business process improvement and implementation adds
great value to our work in the planning and design process. They can work actively with
operational and financial system users to design new processes and requirements that will
support efficient business practices.
The Consultants have no business relationships with any hardware or software vendors.
They do not promote, sell, or re -sell any products in order to provide unbiased assistance
during the process.
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board-
Staff Contact.....
Subject:
Economic Development,
Neighborhoods and Strategic
Planning Dept/Strategic Planning
Division
Don Erickson, x6581
PROPOSED ANNEXATION
Carlo Annexation — Effectuation of Annexation through
Annexation and Zoning Ordinances
Exhibits:
Issue Paper;
Boundary Review Board Approval Letter;
King County Petition Certification
50/50 Direct Petition to Annex; and,
Minutes of 02-09-04
Recommended Action:
Council concur
Al #:
For Agenda of: April 26, 2004
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information .........
Approvals:
Legal Dept.........
Finance Dept......
Other ...............
Fiscal Impact:
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget N/A City Share Total Project..
SUMMARY OF ACTION:
The Council accepted the new 50150 Direct Petition to Annex for this 37-acre annexation site
located between 1361h Avenue SE on the west, 140`h Avenue SE on the east, NE 3rd Street, if
extended on the north, and SE 135`h Street, if extended, on the south on February 9, 2004. The
Boundary Review Board for King County approved this annexation effective April 9, 2004.
STAFF RECOMMENDATION:
Council schedule May 10, 2004 for the second of two required public hearings on prezoning the
Carlo Annexation site to R-8 and to decide whether it now wants to effectuate this annexation by
adopting annexation and zoning ordinances for it.
X
Rentonnet/agnbill/ bh
CITY OF RENTON
PLANNINGBUILDING/PUBLIC WORKS
MEMORANDUM
DATE: April 20, 2004
TO: Don Persson, Council President
Members of the Renton City Council
VIA: -) „J 4ayor Kathy Keolker-Wheeler
S"Alj��
FROM: Alex Pietsch
STAFF CONTACT: Don Erickson, x6581
SUBJECT: Carlo Annexation Effectuation — Annexation and Zoning
Ordinances
ISSUE:
Whether the City Council should adopt an ordinance effecting the annexation of the 37-acre
Carlo Annexation site into the City now that the Boundary Review Board has approved it, and
Whether the City Council should adopt an ordinance zoning the subject 37-acre site R-8
consistent with Residential Single Family land use designation?
RECOMMENDATION:
• Adopt an ordinance effectuating the annexation of the 37-acre Carlo Annexation site; and,
Adopt an ordinance effectuating R-8 zoning of the privately owned (non-public) portions of
the Carlo Annexation site.
BACKGROUND SUMMARY:
The applicant initially submitted for this annexation on June 13, 2003 with a 10% Notice of
Intention to Commence Annexation petition. Council considered this request on August 4,
2003 and authorized the petitioners to circulate the new 50150 Direct Petition to annex. On
October 10, 2003 the City received the new 50/50 Direct Petition and on October 16, 2003 the
King County Department of Assessments notified the City that they had certified that there
were sufficient signatures on the petition to represent a majority of acreage in the annexation
area. On December 1, 2003 the King County Department of Executive Services, Records,
Elections and Licensing Services Division notified the City that there were sufficient signatures
on the petition to represent a majority of the registered voters in the annexation area.
Carlo Annexation
April 20, 2004
Page 2
On February 9, 2004 Council accepted the 50150 Direct Petition to annex for the Carlo
Annexation and authorized the Administration to transmit the Notice of Intent package to the
Boundary Review Board for their required 45-day review and evaluation. The Boundary
Review Board notified the City that they had approved the proposed annexation effective April
9, 2004.
Staff conducted a fiscal analysis for this site and determined that at full development (assuming
annually to the City. A one-time future park acquisition and development cost was estimated at
$111,182 based upon an estimated future population of 522 residents.
CONCLUSION:
With the exception of the second required public hearing on the proposed R-8 prezoning for the
proposed Carlo Annexation and the effectuation of the annexation through the annexation and
zoning ordinances, all the specified requirements under state law (RCW 35.A.14.120-130,
Annexation — Direct petition method) will have been met.
The 37-acre Carlo Annexation appears to be in the City's best interest and general welfare
since it furthers City business goals, has been approved by the Boundary Review Board and is
generally consistent with City annexation policies.
Attachments
EDNSP/Strategic Planning/PAA/Carlo/Effectuation Issue Paper.doc
Y
a— 1
NN
CARLO ANNEXATION PUBLIC HEARING
COUNCIL CONSIDERATION OF 50% DIRECT PETITION TO ANNEX
AND R-8 PREZONING
February 9, 2004
At the 10% Notice of Intent Public Meeting on August 4, 2003 Council authorized the
circulation of the 50% Direct Petition to Annex with provisions requiring future zoning
consistent with the City's Comprehensive Plan and requiring property owners to assume their
fair share of the City outstanding indebtedness upon annexation. The subject site is within the
City's Potential Annexation Area and is designated as Residential Single Family on the City's
Comprehensive Plan Land Use Map.
The City is now in receipt of the 50% Direct Petition to Annex from property owners and
registered voters in the proposed Carlo Annexation. King County's Department of Assessments
has certified that the signatures on the petition represent a majority of the annexation site's
acreage and the Records, Elections and Licensing Division has certified that a majority of the
registered voters residing within it have also signed the petition.
The annexation site appears to have reasonable boundaries. It abuts the City on portions of its
northern and western boundaries (see reverse side). 136th Avenue SE (Bremerton Avenue NE), if
extended, would define its western boundary and 140th Avenue SE, if extended, would define its
eastern boundary. It currently consists of 20 parcels with an estimated 18 single-family detached
dwellings on it.
Council is required to hold tonight's public hearing in order to decide whether it will accept,
geographically modify, or reject the proposed annexation and, if it accepts it, whether it will
forward it on to the Boundary Review Board. If the Council accepts the 50% Direct Petition
tonight, it will also hold the first of two public hearing on prezoning the annexation site R-8,
consistent with the Comprehensive Plan Land Use Map RS designation for it.
Council Hearing Handout 02-09-04.doc\
April 9, 2004
Washington State Boundary Review Board
For King County
Yesler Building, Room 228; 400 Yesler Way, Seattle, WA 98104
Phone: (206) 296-6800 • Fax: (206) 296-6803 • http://www.metrokc.gov/annexations
RE-C-E.-
,IVED
City of Renton I APR 12 2004
Attn: Don Erickson,
ECONOMIC DEVELOPh4EN?,
AICP, Senior Planner
NEiGHBORNOpp�
AND ST"E EGi� n
1055 South Grady Way
Renton, WA 98055
RE: CLOSING LETTER FOR COMPLETED ACTION — File No. 2166 —
City of Renton —
Carlo Annexation
Dear Mr. Erickson:
We are writing to advise you that the Boundary Review Board has now completed the required
Evaluation, as specified in RCW 36.93, for the above -referenced proposed action (filed with the
Board effective February 23, 2004.
The Boundary Review Board also provided a 45-day public review period February 23 — April 8,
2004, as prescribed by RCW 36.93. The Board received no request for a public hearing of this
proposed action during the public review period.
The Boundary Review Board, therefore, hereby deems this proposed action approved effective
April 9, 2004. Final approval of the proposed action is also subject to the following actions, where
applicable:
1. Sewer and Water District actions and some other actions are also subject to approval by the
Metropolitan King County Council. If the Council makes changes to the proposal, the Board
may then be required to hold a public hearing.
2. Filing with King County of franchise application(s), as required, accompanied by a copy of
this letter.
3. Filing with King County of permit application(s), as required, accompanied by a copy of this
letter.
4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of
Intention.
Page two continued, April 9, 2004
Form 13
5. Notification in writing of your intended effective date of annexation. This notification should
be provided as early as possible. Please send this information to Michael Thomas, Office of
Management and Budget, 516 Third Avenue, Room 420, Seattle, Washington 98104, and
6. Filing with King County Council of: (1) one certified copy of final resolution or ordinance
accomplishing this proposed action; and (2) a copy of this letter. This document should be filed
with the Clerk of the Council (Attn: Anne Noris), King County Courthouse, Room 1025,
Seattle, Washington 98104
If you have questions or would like additional information, please contact our office at 206-296-
6800.
Sincerely,
Lenora Blauman
Executive Secretary
cc: Anne Noris, Clerk of the Council
Harry Sanders, Records and Elections Division
Diane Murdock, Department of Assessment
Lydia Reynolds -Jones, Manager, Project Support Services
King County "911 " Program
Paul Reitenbach, Department of Development & Environmental Services
Michael Thomas, Office of Management and Budget
King County
Department of Assessments
King County Administration Bldg.
500 Fourth Avenue, Room 708
Seattle, WA 98104-2384
(206) 296-5195 FAX (206) 296-0595
Email: assessor.irdo@metrokc.gov
www.metrokc.gov/assessor/
Exhibit
Scott Noble
Assessor
ANNEXATION PETITION CERTIFICATION
THIS IS TO CERTIFY that the petition submitted October 8, 2003 to
the King County Department of Assessments by Don Erickson,
Senior Planner for the City of Renton, supporting the annexation to
Renton of the properties described as the Carlo Annexation, has been
examined, the property taxpayers, tax parcel numbers, assessed
value, and acreage of properties listed thereon carefully compared
with the King County tax roll records, and as a result of such
examination, found to be sufficient under the provisions of the New
Section of Revised Code of Washington, Section 35.13.002.
The Department of Assessments has not verified that the signature
on the petition is valid through comparison with any record of actual
signatures, nor that the signature was obtained or submitted in an
appropriate time frame, and this document does not certify. such to
be the case.
Dated this 16th day of October, 2003
Scott Noble, King County Assessor
C-
Exhibit D
King County Records, Elections and Licensing Services Division
PETITION CERTIFICATION
THIS IS TO CERTIFY that the petition, submitted October 9, 2003 and November
10, 2003 to the King County Records, Elections and Licensing Services Division,
concerning a proposed annexation into the City of Renton of the area known as
Carlo, has been examined, the signatures thereon carefully compared with the voter
registration records of the King County Elections Section, and as a result of such
examination, signatures of a majority of the registered voters of the area were found
upon the petition, thus the petition is found to be sufficient under the provisions of
the Revised Code of Washington.
Dated this 1' day of December 2003.
&At,L-C- Lslu�=
Dean C. Logan, Directo
fml /pet--cert.doc
February 9, 2004 Renton City Council Minutes Page 42
PUBLIC HEARING
Annexation: Carlo, 136th Ave
SE & t ve
Responding to Councilman Clawson's inquiry regarding potential flooding
problems, Mr. Erickson stated that Public Works staff recommends that any
development on the site be required to adhere to the 1998 King County Surface
Water Design Manual standards. He confirmed that drainage problems will be
identified and addressed when development occurs at the project level.
Public comment was invited.
Eleanor Bagley, 11860 142nd Ave. SE, Renton, 98059, stated that her property
is located adjacent to the Johnson property, and expressed concern that costs
will increase as a result of the annexation. She also noted the current traffic
problems, and indicated that they will get worse as development occurs.
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 LAW, COUNCIL: ACCEPT
THE JOHNSON 10% NOTICE OF INTENT TO ANNEX PETITION,
AUTHORIZE CIRCULATION OF THE 60% PETITION TO ANNEX
(REINSTATED ASSESSED VALUE METHOD), AMEND THE SOUTHERN
BOUNDARY TO INCLUDE THE ABUTTING 2.39-ACRE BIGELOW
PROPERTY, REQUIRE ADOPTION OF R-8 ZONING CONSISTENT WITH
THE COMPREHENSIVE PLAN, AND REQUIRE THAT PROPERTY
OWNERS ASSUME A PROPORTIONAL SHARE OF THE CITY'S
BONDED INDEBTEDNESS. CARRIED.
This being the date set and proper notices having been posted and published in
accordance with local and State laws, Mayor Keolker-Wheeler opened the
public hearing to consider the 50% Petition to Annex and R-8 prezoning for the
proposed 37-acre Carlo Annexation located between 136th Ave. SE on the west
and 140th Ave. SE on the east, and SE 132nd St. on the north and SE 135th St.,
if extended, on the south.
Senior Planner Don Erickson reported that King County certified the signatures
on the petition on December 1, 2003, and he pointed out that this site cannot be
annexed into Renton before the Tydico Annexation is completed. He stated
that the site contains 18 single-family dwellings, and is essentially flat with a
slope on the southwest corner. Maplewood Creek traverses the southwest
comer of the site, and an existing wetland spills over into the northwest corner.
Mr. Erickson noted that public services are provided by Fire District #25,
Renton water and sewer, and Renton School District.
Mr. Erickson explained that existing King County zoning is R4 (four units per
gross acre), and R-8 (eight dwelling units per net acre) zoning is proposed, as
the site is designated Residential Single Family under the City's Comprehensive
Plan. Reviewing the fiscal impacts of the proposed annexation, he indicated
that the City will realize a surplus of $4,727 at full development, assuming an
increase to 209 single-family homes and a new home value of $290,000. The
one-time parks acquisition and development cost is estimated at $111,182.16.
In conclusion, Mr. Erickson stated that the proposed annexation will further
City business goals, is consistent with City policies for annexation, and meets
Boundary Review Board objectives. He noted that except for parks, no major
services issues were identified.
February 9, 2004 Renton City Council Minutes Page 43
Responding to Councilman Persson's inquiry regarding the status of the Tydico
Annexation, Mr. Erickson reported that the applicant is working on moving the
existing use off the site.
Public comment was invited..
Charlie Conner, 846 108th Ave. NE, Bellevue, 98004, acknowledged that
people both within and outside of the annexation area have enjoyed the open
space, and he realizes that it is difficult for them to see the density of their
neighborhood change. He indicated that the proposed annexation and
development will result in better public services, a safer street, flood control,
-and more parks. Mr: Conner stated that the Growth Management Act mandates -
that most growth must be inside the urban growth boundary, and a traffic study
has determined there is adequate traffic capacity to serve the new communities.
Mr. Conner also noted that some material was moved to one of the properties,
and a permit is pending with King County.
Anthony J. Glazewski, 13225 138th Ave. SE, Renton, 98059, opposed the
proposed annexation, and claimed that the fiscal impact analysis figures quoted
at the last public meeting on this matter indicated that the City would realize a
deficit rather than a surplus. He commented on the inadequate park at the
developer's nearby Sienna subdivision, and on the safety issues associated with
"roller coaster road" or 138th Ave. SE.
Roy Vavak, 13418 138th Ave. SE, Renton, 98056, supported the proposed
annexation, saying that the traffic problems will be better handled after
development. Mr. Vavak reported that he toured the Sienna subdivision and
was impressed with the quality of the construction. Additionally, he
highlighted the benefits of being able to access a sewer system if needed.
August Gumser, 13640 SE 135th St., Renton, 98059, stated that the type and
number of houses that are to be built next to the current housing will adversely
affect property values and the current residents' way of life. Claiming that the
proposed zoning will double Renton's permit and property tax receipts while
having a minimal impact on the additional services required, Mr. Gumser
stressed that money has become more important than the people.
Stephanie Glazewski, 13225 138th Ave. NE, Renton, 98059, expressed her
concern that trees would be removed, leaving her with an unobstructed view of
the new houses. She also expressed her concern that the new development will
cause an increase in traffic, and negatively affect the quiet surroundings.
Eileen Cluphf, 13632 SE 135th St., Renton, 98059, opposed the proposed
annexation, and stated that construction has already started. Pointing out that
the land slopes into her property, she expressed concern about flooding, and
questioned whether a retaining wall will be constructed between the current and
new housing.
In response to citizen concerns regarding notification of the pending
annexation, Mr. Erickson stated that 104 people within the site and in the
surrounding area were notified of the public hearing. He pointed out that the
site is still within King County, and any construction operations are King
County authorized. Regarding the fiscal impact analysis, Mr. Erickson
indicated that although the figures have changed somewhat since the previous
public meeting on this matter on August 4, 2003, a surplus of $1,285 at full
February 9, 2004 Renton City Council Minutes Page 44
development was estimated at that time compared to a surplus of $4,727 now.
Mr. Erickson attributed this to different levy rates and an increase in the
estimated number of units at full development from 200 to 209.
In regards to the development process, Mr. Erickson explained that annexations
are exempt from SEPA (State Environmental Policy Act), and are considered
non -project activities. When a project proposal is submitted, concerned parties
are notified of the comment period and signs are posted at the site. The City's
Environmental Review Committee reviews the project, and the determination
can be appealed. He stressed that public comment will be solicited at the
project level; however, the site must first be annexed by Renton.
At the request of Council Corman, Ms. Cluphf and Mr. Gumser pointed out the
location of their properties on the annexation site map.
John Skochdopole, Conner Homes Company, 846 108th Ave. NE, Bellevue,
98004, stated that five tot -lot parks are planned for the Carlo property, and full
curb, gutter, and sidewalk improvements are planned along Duvall Ave. NE
(138th Ave. SE). Regarding the grading activity currently underway, Mr.
Skochdopole explained that material was moved onto the site and stockpiled,
and a permit is pending with King County.
In response to Councilman Corman's inquiry, Mr. Skochdopole stated that a
stormwater retention facility is planned for the Maplewood Creek area at the
southwest corner of the site.
Mayor Keolker-Wheeler pointed out that the City is required by the State
Growth Management Act to annex property up to the urban growth boundary,
and the proposed annexation site is within the City's potential annexation area.
There being no further public comment, it was MOVED BY PERSSON,
SECONDED BY LAW, COUNCIL CLOSE THE PUBLIC HEARING.
CARRIED.
MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ACCEPT
THE 50% DIRECT PETITION TO ANNEX FOR THE CARLO
ANNEXATION, AND AUTHORIZE THE ADMINISTRATION TO SUBMIT
A NOTICE OF INTENT TO ANNEX PACKAGE TO THE BOUNDARY
REVIEW BOARD FOR KING COUNTY AND PREPARE A PREZONE
ORDINANCE FOR R-8 ZONING FOR CONSIDERATION AT A SECOND
PUBLIC HEARING.*
Councilman Corman noted that the proposed R-8 zoning for the site seems to
be compatible with the zoning of the surrounding areas, and he questioned
whether zoning compatibility issues would be reviewed during the development
process. Mr. Erickson pointed out that Renton's Comprehensive Plan land use
designation only allows R-8 and Residential Manufactured Homes zoning in
this area, and confirmed that any compatibility issues can be commented on at
the project level.
I *MOTION 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:
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: Planning/Building/Public Works
Dept/Div/Board.. Transportation Systems
Staff Contact...... Leslie Lahndt, x7223
Subject:
2003 Downtown Sidewalk and Curb Ramp Project
Contractor: R & J Landscape & Construction
Exhibits:
Issue Paper
Council Minutes — May 5, 2003 on Budget Approval
Final Pay Estimate
Notice of Completion and Project Close Out
For Agenda of:
ADril 26, 2004
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information.........
Recommended Action: Approvals:
Legal Dept.........
Refer to Transportation Committee Finance Dept......
Other ...............
Fiscal Impact: 317.000009
103.000000.019.5420.0092.31000035
103.000000.019.5420.0092.48000001
Expenditure Required... $16,000 Transfer/Amendment....... $16,000
Amount Budgeted....... $183,055.87 Revenue Generated.........
Total Project Budget $199,055.87 City Share Total Project..
SUMMARY OF ACTION:
Construction of the 2003 Downtown Sidewalk and Curb Ramp Project, constructed by R & J
Landscape and Construction, began December 8, 2003, and was completed March 16, 2004. The
original contract amount was $116,070.30. Due to a change in the scope of work after the contract was
signed, which involved the removal of 38 trees along the sidewalk and replacing 28 of those trees, the
final contract amount was $172,206.73. The final project cost, including the final contract amount, and
other staff and in-house costs ($26,712.52) is $198,919.25. Authorized funds for the project were
$183,055.87. An additional $16,000 is needed to close out the project.
The Transportation staff is requesting authorization for an additional $16,000, process Final Pay
Estimate, release retainage in 60 days and accept completion of the project.
STAFF RECOMMENDATION:
The Transportation Systems staff recommends Council: transfer an additional $16,000 for this project from the
Walkway Program and fund 317; make final payment to the contractor in the amount of $6,764; release retainage
after sixty days (60) days in the amount of $8,610.34, subject to the required authorization; and accept completion
of the project.
H:\Divisions\TRANSPOR.TAT\ADMIN\Agenda 2004\Final Pay Estimate on 2003 Downtown Sidewalk.doc/
CITY OF RENTON
PLANNINGBUILDING/PUBLIC WORKS
MEMORANDUM
DATE: April 15, 2004
TO: Don Persson, Council President
Members of the Renton City Council
VIA: �tr�Kathy Keolker-Wheele Mayor
FROM: Gregg Zimmermai "Administrator
STAFF CONTACT: James Wilhoit, x7319
SUBJECT: 2003 Downtown Sidewalk and Curb Ramp Project
ISSUE:
Staff needs authorization to add $16,000 to the project, make final payment in the amount
of $6,764, release retainage in the amount of $8,610.34 and accept completion of the
project.
RECOAUVIENDATION:
The Transportation Systems staff recommends Council: transfer an additional $16,000
for this project from the Walkway Program and fund 317; make final payment to the
contractor in the amount of $6,764; release retainage after sixty days (60) days in the
amount of $8,610.34, subject to the required authorization; and accept completion of the
project.
BACKGROUND:
Construction of the 2003 Downtown Sidewalk and Curb Ramp Project, constructed by R
& J Landscape & Construction, began December 8, 2003, and was completed March 16,
2004. The original contract amount was $116,070.30. Due to a change in scope after the
contract was signed, which involved the removal of 38 trees along the sidewalk and
replacing 28 of those trees, the final contract amount was $172,206.73. It was discussed
at the April 17, 2003, Transportation Committee meeting and the May 5, 2003, Council
meeting that removal of some trees could occur. It had been originally anticipated that
most of the trees could be saved, but this was not the case. The increase of $56,136.43
was due to the direct cost of removing and replacing the trees and to the increase in
2003 Downtown Sidewalk and Curb Ramp Project
April 13, 2004
Page 2 of 3
quantities and work associated with changes caused by the decision to remove the trees
after the contract was signed.
The final project cost, including the final contract amount, and other staff and in-house
costs ($26,712.52) is $198,919.25. Our approved budget for the project includes
$140,000 from a Public Works Street Maintenance fund and $25,000 from the CBD Bike
and Pedestrian Connections fund totaling $165,000.
_ In -addition, during the project; $1-8i055.87 was- added from the Public Works --Streets and
Alleys fund though not by the agenda bill process. The Street and Alleys funds have
traditionally been managed as a tree maintenance program, typically covering tree
removal activities.
Performance of this work is ongoing throughout the year and has not required an agenda
bill to expend the money. Therefore, total authorized funds for the project were
$183,055.87 leaving $16,000 needed to close the project out.
To summarize, the following is a listing of funding sources and expenses:
Budget Sources:
Public Works Maintenance Street (authorized by previous agenda bill) $140,000.00
CBD Bike and Ped (authorized by previous agenda bill) 25,000.00
-Public Works Maintenance Street and Alley fund (no agenda bill used) 18,055.87
$183,055.87
Expenses:
Staff and in-house costs $26,712.52
Contractor payments (this includes $6,764 for final pay estimate and 172,206.73
$8,610.34 for retainage, this subtotal is $15,374.34)
Total Expenses $198,919.25
Shortfall:
Total Budget $183,055.87
Total Expenses 198,919.25
Shortfall-$15,863.38
Requesting (rounded to nearest $1,000) $16,000
H:\Division.s\TRANSPOR.TAT%ADMIN\Agenda 2004\Final Pay Estimate on 2003 Downtown Sidewalk issue paper.doc
May 5, 2003 Renton City Council Minutes Page 165
Finance Committee
Finance Committee Chair Parker presented a report recommending approval of
Finance: Vouchers
Claim Vouchers 214611 - 214976 and two wire transfers totaling
$2,477,596.35; and approval of Payroll Vouchers 43970 - 44209, one wire
transfer and 568 direct deposits totaling $1,791,315.15. MOVED BY
PARKER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Transportation (Aviation)
Transportation (Aviation) Committee Chair Persson presented a report
Committee
concurring with the recommendation of staff that Council authorize the use of
Public Works: Sidewalk
$140,000 of the year 2002 ending fund balance from the Street Fund as
Replacement (S 2nd &
identified in the Budget Adjustment Ordinance #5007 to replace aging
Williams Ave), Street Fund
sidewalks in downtown Renton. The subject sidewalks are located along the
2002 Year-end Fund Balance
south side of S. 2nd St. between Burnett Ave. S. and Main Ave. S.; and along
both sides of Williams Ave. S. between S. 2nd St. and S. Tobin St. on the west
side, and between S. 2nd St. and Riverside Dr. on the east side. This project
will include trimming of tree roots and in some cases removal and replacement
of trees using varieties better suited for use in rights -of -way. The
Planning/Building/Public Works Department plans to perform this project in
the summer or fall of 2003. MOVED BY PERSSON, SECONDED BY
CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED.
Transportation: Memorial Sign
Transportation (Aviation) Committee Chair Persson presented a report
Installation (Joshua R Colson)
regarding the request of Cara L. Turner of Sumner, Washington, for the
installation of a memorial sign with the message "Don't Street Race". The City
currently does not have a memorial sign policy. Staff researched policies used
by the State Department of Transportation and King County Roads in regards to
these type of signs.
In keeping with the policy used by King County, the Committee recommended
the installation of a memorial sign with the message "Don't Street Race" and a
placard with the message "In Memory of Josh Colson". The requester, Cara
Turner, will be responsible for the cost,of installing the sign and its
maintenance for two years at the cost of $200. Additionally, the City must also
receive written permission from the next of kin.
The Committee further recommended that Council authorize the Administration
to develop guidelines for memorial signs similar to those used by King County.
MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN
THE COMMITTEE REPORT. CARRIED.
Community Services Community Services Committee Chair Nelson presented a report
Committee recommending concurrence in the staff recommendation to approve the one -day
Streets: Main Ave S Closure, temporary closure of Main Ave. S. between S. 2nd St. and S. 3rd St. on May
Veterans Memorial Park 26, 2003, from approximately 8:30 a.m. until approximately 7:00 p.m., for the
Dedication (5/26/2003) Veterans Memorial Park dedication ceremony. MOVED BY NELSON,
SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE
REPORT. CARRIED.
Community Services: 2003 Community Services Committee Chair Nelson presented a report
Park, Recreation and Open recommending concurrence in the staff recommendation to approve and adopt
Space Plan the 2003 Long -Range Park, Recreation and Open Space Plan. The most recent
plan was adopted in 1993. This revised and updated plan meets the
Washington State Interagency Committee for Outdoor Recreation long-range
plan criteria and allows the City to be eligible for future state grants. The park
TO: FINANCE DIRECTOR
FROM: MAINTENANCE SERVICES DIRECTOR
CONTRACTOR: R & J Landscape & Construction
CONTRACT NO. CAG 03-154 ESTIMATE NO. 4
FINAL
PROJECT: 2003 Downtown Sidewalk and Curb Ramp Project
1. CONTRACTOR EARNINGS THIS ESTIMATE $7,120.00
- 2. - _SALES TAX -@ - -- 8.80% - - - - - - - - - - $0.00 - - - - - -
3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $7,120.00
4. EARNINGS PREVIOUSLY PAID CONTRACTOR $156,832.39
5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $6,764.00
6. SUBTOTAL - CONTRACTOR PAYMENTS
7. RETAINAGE ON PREVIOUS EARNINGS
8. ** RETAINAGE ON EARNINGS THIS ESTIMATE
9. SUBTOTAL - RETAINAGE
10. SALES TAX PREVIOUSLY PAID
11. SALES TAX DUE THIS ESTIMATE
12. SUBTOTAL - SALES TAX
$8,254.34
$356.00
$0.00
$0.00
$163,596.39
$8,610.34
$0.00
* (95%xUNE1)
** (RETAINAGE.' 5%) GRAND TOTAL: $172,206.73 orvi
yv-)
FINANCE DEPARTMENT ACTION:
PAYMENT TO CONTRACTOR (Lines 5 and 11):
Public Works Maintenance -Street
ACCOUNT 103.000000.019.5420.0092.48.000001[2512015354 $6,764.00 #4
RETAINED AMOUNT (Line 8):
Public Works Maintenance -Street
ACCOUNT 103.000000.019.5420.0092.48.000001 [2512015354 $356.00 #4
TOTAL THIS ESTIMATE:
CHARTER 116, LAWS OF 1965
CITY OF RENTON CERTIFICATION
I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF
PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE
SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED
HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID
OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM
AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM
SIGNED:
$6,764.00
$356.00
$7,12
J
Project: 2003 Downtown Sidewalk and Curb Ramp Project
Cnntrantnr R R .I Landscane R Cnnstnintion
Contract Number: CAG 03-154
Closing Date: 4/2/2004
Item
No.
Description
Unit
Est.
Quantity
Unit
Prii
2112
Previous
Wantity
Previous
Amount
This
Quantity
This
Amount
Total
Quantity
Total
Amount
001.
Mobilization
L S
1.0 $ 12,000.00
1.00
$12,000.00
0.00
$0.00
1.00
$12,000.00
002.
Traffic Control
L S
1.0 $
6,000.00
1.00
$6,000.00
0.00
$0.00
1.00
$6,000.00
003.
Saw Cutting 2" to 6" Concrete
LF
361.0 $
2.00
743.00
$1,486.00
0.00
$0.00
743.00
$1,486.00
004.
Saw Cutting 2" to 6' Asphalt
LF
1291.0 $
2.00
1777.00
$3,554.00
0.00
$0.00
1777.00
$3,554.00
Pavement (by Cold Planing)
005.
Remove Cement Concrete Traffic Curb and Gutter
LF
1234.0 $
5.00
1823.00
$9,115.00
0.00
$0.00
1823.00
$9,115.00
006,
Remove Cement Concrete Sidewalk/Driveway
SY
1341.0 $
11.25
2211.00
$24,873.75
0.00
$0.00
2211.00
$24,873.75
007.
Cement Concrete Traffic Curb and Gutter
LF
1234.0 $
19.00
1826.00
$34,694.00
0.00
$0.00
1826.00
$34,694.00
008.
Cement Concrete Sidewalk
SY
1116.0 $
27.00
1355.00
$36,585.00
0.00
$0.00
1355.00
$36,585.00
009.
Cement Concrete Industrial Driveway
SY
55.0 $
40.00
102.00
$4,080.00
0.00
$0.00
102.00
$4,080.00
010.
Cement Concrete Curb Ramp Type'_'
EA
24.0 $
400.00
27.00
$10,800.00
0.00
$0.00
27.00
$10,800.00
011.
Crushed Surfacing Top Course
Ton
10.0 $
40.00
125.22
$5,008.80
0.00
$0.00
125.22
$5,008.80
012.
Asphalt Concrete Pavement Cl. B
Ton
48.0 $
109.00
132.02
$14,390.18
0.00
$0.00
132.02
$14,390.18
013.
Landscape/Property Restoration
LS
1.0 $
2,500.00
1.00
$2,500.00
0.00
$0.00
1.00
$2,500.00
014.
Change Order # 1
LS
1.0 $
7,120.00
1.00
0.00
$0.001
1.00
$7,120.001
1.00
$7,120.00
TOTALS1
$165,086.73
$7,120.00
$172,206.73
k
STATE o� State of Washington Reg.No.:
o Department of Revenue
6 r x Audit Procedures & Administration Date: March 19, 2004
1889 PO Box 47474
Olympia, Washington 98504-7474
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From: a DEPARMENT`USE,ONLY,;, r
City of Renton Assigned To
1055 South Grady Way
--Date-Assigned- - - - - Renton, WA 98055-2] 32-- _ _ - - - -
Notice is hereby given relative to the completion of contract or project described below.
Description of Contract 2003 Downtown Sidewalk and Curb Ramp Project
CAG-03-154
Contractor's
R & J Landscape & Construction
Telephone No.
Name
(425) 345-3115
Contractor's Address 7318 44h Ave. NE, #207
Marysville, Wa. 98270
Date Work Commenced
Date Work Completed
Date Work Accepted
December 8, 2003
March 16, 2004
March 16, 2004
Surety or Bonding Co. Contractors Bonding and Insurance Company
Agent's Address 1213 Valley Street
P.O. Box 9271
Seattle, Wa. 98109-027
Contract Amount:
Additions or
Reductions:
Sales Tax:
Total
$116,070.30
$ 56,136.43
$ 0.00
$172,206.73
0
Phone No:
Amount
Disbursed:
Amount
Retained:
Total:
$163,596.39
$ 8,610.34
$172,206.73
(Disbursing Officer)
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia,
Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE
MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate.
FORM REV 31 0020 (12-92)
H:forms/notcomplt/
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: Planning/Building/Public Works
Dept/Div/Board.. Transportation Systems
Staff Contact...... Sharon Griffin, ext. 7232
Subject:
Amendment of the Transportation Capital Improvement
Fund 317 to Allocate King County Mitigation Revenue
Exhibits:
Issue Paper
Ordinance
Council Minutes - March 15, 2004 (page 81)
Al #:
For Agenda of:
26, 2004
Agenda Status
Consent .............. X
Public Hearing..
Correspondence..
Ordinance ............. X
Resolution........... .
Old Business........
New Business.......
Study Sessions......
Information........ .
Recommended Action: Approvals:
Legal Dept......... X
Council Concur Finance Dept...... X
Other ...............
Fiscal Impact:
Expenditure Required... $ 2,216,000 Transfer/Amendment....... $2,216,000
Amount Budgeted....... $ 8,460,400 Revenue Generated......... $2,216,000
Total Project Budget $10,676,400 City Share Total Project..
SUMMARY OF ACTION:
The City of Renton and King County entered into an agreement concerning the construction of
a cogeneration facility at South Plant. The resulting revenue of $2,216,000 in mitigation funds
and the project identification were approved by Council March 15, 2004. An ordinance is
required to increase the project line items in the budget. The Transportation Division's total
2004 budget of $8,460,400 will increase by $2,216,000, for a total of $10,676,400. See the
issue paper for project line -item details.
STAFF RECOMMENDATION:
Transportation Systems staff recommends that Council concur with the approval of the increased
project amounts by line item for a total 2004 appropriation of $10,676,400. Also, adopt the
Ordinance authorizing the Mayor and City Clerk to sign the Ordinance and any other documents -to
receive this funding.
H:\Transportation\Planning\Sharon\Agenda Bills\AB 2004 KC 2-2 Mitigation Allocation
CITY OF RENTON
PLANNINGBUILDING/PUBLIC WORKS
MEMORANDUM
DATE: April 13, 2004
TO: Don Persson, Council President
Members of the Renton City Council
VIA: J( 0 Kathy Keolker-Wheeler, Mayor
FROM: Gregg Zimmerman, Administrator
STAFF CONTACT: Sharon Griffin, ext. 7232
SUBJECT: Amendment of the Transportation Capital Improvement Fund
317 to Allocate King County Mitigation Revenue
ISSUE:
An ordinance is required to increase the project line items in the Transportation Capital
Improvement Fund 317 budget. With the receipt of the King County Mitigation revenue, the
Transportation Division's total 2004 budget of $8,460,400 will increase by $2,216,000, for a
total of $10,676,400. As approved by Council, the funds will be appropriated as follows:
2004 Budget
Proiect Number Project Name Increase
317.012175
SR 169 (Phase I)
$ 1, 200,000
317.012186
Arterial Rehabilitation (Overlay
Edmonds Ave)
200,000
317.000009
Walkway Program
166,000
317.012309
Benson Road Pedestrian
150,000
317.012310
King County Mitigation Reserve
$ 500,000
Total
$ 21,216,000
RECOMMENDATION:
Transportation Systems staff recommends that Council concur with the approval of the
increased project amounts by line item for a total 2004 appropriation of $10,676,400. Also,
adopt the Ordinance authorizing the Mayor and City Clerk to sign the Ordinance and any
other documents to receive this funding.
H:\Transportation\Planning\Sharon\Issue Papers\]P 2004 KC 2-2 Mitigation Allocation
Amendment of the Transportation Capital Improvement
Fund 317 to Allocate King County Mitigation Revenue
April 13, 2004
Page 2
BACKGROUND:
The City of Renton and King County entered into an agreement concerning the construction
of a cogeneration facility at South Plant. The resulting $2,216,000 in mitigation funds and
project identification and distribution were approved by Council March 15, 2004. An
ordinance is required to increase the project line items in the budget. The Transportation
Division's_ total 2004 budget, $8,4.60,400, will -increase by $2,216,000, for -a total- of - _ -
$10,676,400.
cc: Sandra Meyer
Nick Afzali
Sharon Griffin
Sylvia Doerschel, Finance
Nancy Violante, Finance
Project File
H:\Transportation\Planning\Sharon\lssue PapersVP 2004 KC 2-2 Mitigation Allocation
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING THE 2004 TRANSPORTATION CAPITAL
IMPROVEMENT FUND TO ALLOCATE $2,216,000 IN KING COUNTY
MITIGATION REVENUE TO SPECIFIC PROJECTS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I. The budget appropriation in the Transportation Capital
Improvement Fund will be increased by $2,216,000, bringing the total budget appropriation for
this fund to $10,676,400. Revenue received from King County Mitigation will fund the total
cost of the allocation.
SECTION II. The funds will be appropriated as follows:
Proiect Number Proiect Name
2004 Budget
Increase
317.012175
SR 169 Phase I
$ 1, 200,000
317.012186
Arterial Rehabilitation (Overlay
Edmonds Ave.
200,000
317.000009
Walkway Program
166,000
317.012309
Benson Road Pedestrian
150,000
317.012310
King County Mitigation Reserve
$ 500,000
Total
$ 2,216,000
SECTION III.
five days after publication.
This ordinance shall be effective upon its passage, approval, and
PASSED BY THE CITY COUNCIL this day of , 2004.
Bonnie I. Walton, City Clerk
1
ORDINANCE NO.
APPROVED BY THE MAYOR this day of
Kathy Keolker-Wheeler, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD. 1102:4/12/04:ma
2004.
2
2.21 C� M kh���u�
March 15, 2004 Renton City Council Minutes Page 81
Mayor Keolker-Wheeler explained that the issue of traffic safety on Renton
Ave. S. was brought to her attention, and is currently being addressed by staff.
Added Correspondence was read from Ruth Larson, President of the Renton Hill
CORRESPONDENCE Community Association, 714 High Ave. S., Renton, 98055, stating that Renton
Citizen Comment: Larson — Ave. S. is the main access to Renton Hill, and that it is an old narrow street
Renton Ave S Traffic Safety with parking on the east side only for homes with no or small garages. She
suggested options to solve some of the traffic problems, including the City
buying some of the houses, removing planting strips, buying property for a true
two-lane street, or painting a red "no parking zone" in certain areas. She asked
that Council consider some of the options offered.
MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL REFER THIS
CORRESPONDENCE TO THE TRANSPORTATION (AVIATION)
CONU4=E. CARRIED.
Added Correspondence was read from Mr. and Mrs. William Collins, 420 Cedar Ave.
CORRESPONDENCE S., Renton 98055, addressing safety concerns on Renton Ave. S. Mr. and Mrs.
Citizen Comment: Collins - Collins stated there is no valid reason to exclude parking on the east side of
Renton Ave S Traffic Safety Renton Ave. S. between S. 3rd and S. 7th St., and they asked that the signs be
removed. They also asked Council to consider painting curbs red at certain
areas and painting crosswalks at S. 7th and at S. 3rd St.
OLD BUSINESS
Committee of the Whole
King County: Mitigation Fund
Use (Wastewater Treatment
Plant), Transportation Projects
ORDINANCES AND
RESOLUTIONS
MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL REFER THIS
CORRESPONDENCE TO THE TRANSPORTATION (AVIATION)
COMMITTEE. CARRIED.
Council President Persson presented a Committee of the Whole report
regarding King County mitigation funds. The City entered into an agreement
with King County for the South Plant (Wastewater Treatment Plant) electrical
cogeneration project. The agreement brought $2,216;000 in mitigation funds to
be split between four known transportation capital projects and one City capital
project (to be determined).
The Committee of the Whole recommended the following transportation capital
projects for placement of the funding:
SR 169 (Phase 1) $1,200,000 into account #317.012175
Benson Road Pedestrian $150,000 into account #317.012309
Walkway Program (Highlands sidewalks) $166,000 into account#317.000009
Arterial Rehabilitation (Overlay Edmonds Ave.) $200,000 into account
#317.012186
The remaining $500,000 will be put into a King County Mitigation Reserve
account. This account must be a capital project account and can be moved to
any citywide capital project account designated. The current account indicated
is a placeholder account only.
King County Mitigation Reserve $500,000 into account #317.012310
MOVED BY PERSSON, SECONDED BY CLAWSON, COUNCIL CONCUR
IN THE COMMITTEE REPORT. CARRIED.
The following ordinances were presented for second and final reading and
adoption:
CITY OF RENTON COUNCIL AGENDA BILL
Al #:
Submitting Data: Planning/Building/Public Works
For Agenda of:
Dept/Div/Board.. Utility Systems Division
April 26, 2004
Agenda Status
Staff Contact...... J.D. Wilson, x7295
Consent ..............
Public Hearing..
Subject:
Public Works Trust Fund Construction Loan
Correspondence..
Maplewood Water Treatment Improvements
Ordinance .............
Resolution............ X
Old Business........
New Business.......
Exhibits:
Issue paper
Study Sessions......
Resolution
Information.........
Loan Agreement
Recommended Action:
Council concur
Approvals:
Legal Dept.........
Finance Dept......
Other ...............
Fiscal Impact:
Expenditure Required $11,645,000 (total construction) Transfer/Amendment N/A
Amount Budgeted $12,257,700 (2003-2005) Revenue Generated. N/A
Total Project Budget $12,257,700 (2003-2005) City Share Total Project $12.257 Million
SUMMARY OF ACTION:
X
The Planning/Building/Public Works Department applied for and received a Public Works Trust Fund
Construction Loan for the Water Treatment Facility portion of Maplewood Water Treatment and Golf
Course Improvements Project. The twenty-year loan, at an interest rate of 0.5 %, is for up to
$5,150,000.00 with a City match of 15% or greater.
Funding for the Maplewood Water Treatment and Golf Course Improvements Project in the amount of
$12,257,700 is budgeted in the Water Utility Capital Improvements Project budget for 2003-2005,
account no. 421.000500.018.5960.0034.65.055562.
STAFF RECOMMENDATION:
The PlanningBuilding/Public Works Department staff recommends that the City Council adopt the
resolution that authorizes the Mayor and City Clerk to execute the agreement for the Public Works Trust
Fund Construction Loan.
C:\Documents and Settings\mpetersen\Local Settings\Temp\MXLibDir\agenda bill - sign contract.doc\JDWtp
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
DATE: April 14, 2004
TO: Don Persson, Council President
Members of the Renton City Council
VIA: ►) Kathy Keolker-Wheel r, Mayor
FROM: Gregg Zimmerink, dministrator
STAFF CONTACT: J.D. Wilson, x7295
SUBJECT: Public Works Trust Fund Construction Loan Agreement
Maplewood Water Treatment and Golf Course Improvements
ISSUE:
The Water Utility has received a low interest (t/2 %) loan for the Public Works Trust Fund Construction
Loan for the Water Treatment Facility portion of Maplewood Water Treatment and Golf Course
Improvements Project. The loan amount is $5,150,000.00.
RECOMMENDATION:
The Planning/Building/Public Works Department staff recommends that the City Council adopt the
resolution that authorizes the Mayor and the City Clerk to execute the agreement for the Public Works
Trust Fund Construction Loan.
BACKGROUND SUMMARY:
The project, Maplewood Water Treatment and Golf Course Improvements, is under construction. The
purpose of the project is to provide additional treatment of the water from wells PW-11, PW-12, and
PW-17, to comply with WAC 246-290-310, and to improve the water's taste and odor to an acceptable
level. Included in the project are construction of pumps, pipes, filters and a contact basin to address
water quality issues with iron, manganese, hydrogen sulfide and ammonia.
The estimated total construction cost is $12,257,700. The estimated construction cost of the elements
covered by the PWTF loan excluding improvements to the golf course parking lot is $11,822,700. The
PWTF loan amount is $5,150,000.00 and the loan term is twenty years. Funding for this project is
budgeted in the Water Utility Capital Improvements Project budget for 2003-2005, account no.
421.000500.018.5960.0034.65.055562.
cc: Lys Hornsby
Abdoul Gafour
J.D. Wilson —
Nenita Ching
H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2953 - Maplewood Water Treatment lmprovements\2004 PWTF
Construction Loan Contract\Issue Paper - sign contract.doODWtp
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL COOPERATIVE AGREEMENT WITH THE STATE OF
WASHINGTON DEPARTMENT OF COMMUNITY, TRADE, AND
ECONOMIC DEVELOPMENT ENTITLED "PUBLIC WORKS TRUST
FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-04-691-057"
FOR CONSTRUCTION OF THE MAPLEWOOD WATER TREATMENT
IMPROVEMENTS PROJECT.
WHEREAS, the water from wells PW-11, PW-12 and PW-17 needs to be provided with
additional water treatment to comply with WAC 246-290-310 and to improve the water's taste
and odor to an acceptable level; and
WHEREAS, the City of Renton has prepared a design, via a consultant, for a project to
provide the additional treatment required to comply with WAC 246-290-310 and to improve the
water's taste and odor to an acceptable level; and
WHEREAS, the Public Works Trust Fund has agreed to make a construction loan to the
City of Renton; and
WHEREAS, it is necessary to document that loan by means of an agreement entitled
"Public Works Trust Fund Construction Loan Agreement Number PW-04-691-057"; and
WHEREAS, it is in the interest of the citizens of the City of Renton to enter into said
agreement;
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.
1
RESOLUTION NO.
SECTION II. The Mayor and City Clerk are hereby authorized to sign the
agreement entitled "Public Works Trust Fund Construction Loan Agreement Number PW-04-
691-057."
PASSED BY THE CITY COUNCIL this day of
APPROVED BY THE MAYOR this
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1038:4/14/04:ma
Bonnie I. Walton, City Clerk
2004.
day of , 2004.
Kathy Keolker-Wheeler, Mayor
2
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEMENT
NUMBER PW-04-691-057
CITY OF RENTON
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC
WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or
oral, shall be deemed a part thereof. This contract consists of ten pages and two attachments. An attachment
to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of local project
activities, certification of the project's useful life, and identification of estimated project costs and fund
sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In
addition, ATTACHMENT H: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this
agreement.
The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the
date and year last written below.
John LaRocque, Executive Director
Public Works Board
Date
APPROVED AS TO FORM ONLY
This 17`h Day of March, 2003
Christine O. Gregoire
Attorney General
By: Signature on File
Jeanne A. Cushman
Assistant Attorney General
LOCAL GOVERNMENT
Signature
Kathy Keolker—Wheeler
Print Name
Mayor — CITY OF RENTON
Title
Date
91-6001271
Federal Taxpayer Identification Number
Page 1
2004 PWTF Construction Loan Agreement
PART II: INTRODUCTION
This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its
successor, (referred to as the "BOARD"), a department of the state of Washington, and CITY OF RENTON
(referred to as the "LOCAL GOVERNMENT").
Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL
GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE
The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public
works project that furthers the goals and objectives of the Washington State Public Works Trust Fund
Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities
described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with
PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by
this reference are incorporated into this agreement as though set forth fully herein.
l��I��If�U f.�r;M1�Z�Jrl��ly��7►iy
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL
GOVERNMENT a sum not to exceed $5,150,000.00. The interest rate shall be one-half percent (1/2%) per
annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final
payment due July 1, 2024.
4.02 Local Project Share
The LOCAL GOVERNMENT pledges an amount of locally -generated revenue not less than fifteen percent
(15%) of the total eligible portion of the project cost not funded by federal or state grants as identified in
ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the
percentage of locally -generated funds may require an adjustment in the loan amount or interest rate charged,
or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement
adjusting the loan amount or interest rate, as appropriate.
Local project.share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to
project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up
to twelve (12) months prior to the execution of the loan agreement and verified at the time of project
close-out.
PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL
GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN
AGREEMENT.
Page 2
2004 PWTF Construction Loan Agreement
4.03 Disbursement of Loan Proceeds
The availability of funds in the Public Works Assistance Account is a function of tax collection and loan
repayment. If funds are not available at the time the invoice is submitted, or when the agreement is
executed, the issuance of warrants will be delayed. Therefore, subject to the availability of funds, warrants
shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL
GOVERNMENT while undertaking and administering approved project activities in accordance with
ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed
eighty five percent (85%) of the eligible actual project costs. The disbursement of loan proceeds shall be
initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds
will be disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days of the formal execution of this agreement, a sum not to exceed twenty percent (20%)
of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
Within thirty (30) days of the execution of a Notice to Proceed, which follows the formal award of a
construction contract, or contract for engineering services, a sum not to exceed twenty five percent (25%) of
the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
When the LOCAL GOVERNMENT certifies that 35% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan
shall be disbursed to the LOCAL GOVERNMENT.
When the LOCAL GOVERNMENT certifies that 60% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan
shall be disbursed to the LOCAL GOVERNMENT.
At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be
submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs.
The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess. of eighty five
percent (85%) of the eligible project costs or the total of $5,150,000.00 whichever is less. The Close-out
Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and
local share.
In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT
has received Public Works Trust Fund monies in excess of eighty five percent (85%) of eligible costs, all
funds in excess of eighty five percent (85%) shall be repaid to the Public Works Assistance Account by
payment to the Department of Community, Trade and Economic Development, or its successor, within
thirty (30) days of submission of the Close-out Report.
Page 3
2004 PWTF Construction Loan Agreement
4.04 Interest Earned on Public Works Trust Fund Monies
All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue
to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project.
Benefits shall accrue in one of two ways:
1. Reduce the amount of the Public Works Trust Fund loan.
2. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK
estimates, if there is an overrun of project costs.
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public
Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan
agreement. Such procedures shall consist of the establishment of a separate fund, account, sub -account or
any other method meeting generally accepted accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three months after loan agreement execution, and reach project completion no later
than forty-eight (48) months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute default of this
agreement. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in
writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds
vote, extend the deadline.
The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion,
unless terminated sooner as provided herein.
4.06 Repayment
The first loan repayment under this agreement is due July 1, 2005, and subsequent installments are due on
July 1 of each year during the term of the loan. The first repayment under this agreement shall consist of
interest only at the rate of one-half percent (1/2%) per annum, calculated on a 360-day year of twelve
30-day months, applied to funds received. Interest will begin to accrue from the date each warrant is issued
to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided
by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an
amount sufficient to bring the loan balance to zero.
The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and
the right to repay at a faster rate than is provided in this agreement, provided that any such payment must
equal or exceed the principal amount normally due on an annual basis.
Page 4
2004 PWTF Construction Loan Agreement
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the
use of a check, money order, or equivalent means made payable to the Department of Community, Trade
and Economic Development, or its successor, and sent to: .
Department of Community, Trade and Economic Development
Administrative Services Division/Fiscal Unit
906 Columbia Street S.W.
P.O. Box 48300
Olympia, Washington 98504-8300
4.07 Repayment Account
The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4.09 Loan
Security. The name of the fund, account, or sub -account shall be Waterworks Utility Construction.
4.08 Default in Repavment
Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment
not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall
be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The penalty will be
assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on
a 360-day year for the delinquent amount.
The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as
provided for in Section 4.03.
The LOCAL GOVERNMENT acknowledges and agrees to the BOARD'S right, upon delinquency in
the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the
LOCAL GOVERNMENT of such delinquency including, without limitation, the state government and
the United States of America or its agencies, credit rating agencies, and the municipal finance market.
The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in
any action undertaken to enforce its rights under this section.
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2004 PWTF Construction Loan Agreement
4.09 Loan Security
The LOCAL GOVERNMENT must select one of the following options for securing repayment of the
loan. Please initial the appropriate option.
1. General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT.
OR
2. V Revenue Obligation: This option may be used only if the entire project is a domestic
water anitary sewer, storm_ sewer or solid waste utility_ project. LOCAL GOVERNMENTS -performing - - — —
a sto sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm
sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water,
sanitary sewer, and storm sewer activities may not use this option.
This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of
the utility system indicated below. Payments shall be made from the net revenue of the utility after the
payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the
utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus
expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to
issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and
charge of this loan agreement.
Please choose and initial one' f the following utility systems:
Water
Sanitary Sewer (Wastewater)
Stormwater
Water/Sanitary Sewer
Stormwater/Sanitary Sewer
Solid Waste
OR
3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL
GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement
District, Local Utility District or other similar special assessment district in which the improvements
financed by this loan are located. The name of the special assessment district is
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under
this agreement.
Page 6 -
2004 PWTF Construction Loan Agreement
4.10 Recordkeeping and Access to Records
The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the
right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT
may contract, involving transactions related to this project and this agreement.
The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a
period of six years from the date of project close-out. If any litigation, claim or audit is started before the
expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
4.11 Reports
The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish
the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to
this agreement including, but not limited to, quarterly progress reports, the Close -Out Report, and any other
matters covered by this agreement. Failure to file periodic reports as requested may result in termination of
this agreement as per Section 4.14.
4.12 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and
the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or
all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL
GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance
of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
4.13 Amendments, Modifications, and Waivers
Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT
may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for
extending the time of performance as provided for in Section 4.05. No modification or amendment resulting
in an extension of time shall take effect until a request in writing has been received and approved by the
BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved
in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or
provisions of this agreement may be waived unless approved by the BOARD in writing.
4.14 Termination for Cause
If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan
proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may
terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL
GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the
effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT obligations
to repay the unpaid balance of the loan.
Page 7
2004 PWTF Construction Loan Agreement
4.15 Termination For Convenience
The BOARD may terminate this agreement in the event that federal or state funds are no longer available
to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this
agreement. Termination will be effective when the BOARD sends written notice of termination to the
LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to
repay the unpaid balance of the loan.
4.16 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and performance hereof
shall be governed by, the laws of -the state of Washington. -Venue of any -suit betweenthe parties arising out
of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is
entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW).
4.17 Severabilit
If any provision under this agreement or its application to any person or circumstances is held invalid by any
court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be
given effect without the invalid provision.
4.18 Project Completion
The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the
activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL
GOVERNMENT will provide the following information to the BOARD:
A certified statement of the actual dollar amounts spent, from all fund sources, in completing the
project as described.
2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is
complete and has been designed/constructed to required standards.
Certification that all costs associated with the project have been incurred. Costs are incurred when
goods and services are received and/or contract work is performed.
4. Provide a date for reporting LOCAL GOVERNMENT conformance with the performance
measures identified in ATTACHMENT I: SCOPE OF WORK.
Page 8
2004 PWTF Construction Loan Agreement
4.19 Project Close -Out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with
the Close-out Report, a request for a sum not to exceed the final five percent (5%) of the loan amount. This
disbursement shall not occur prior to the completion of all project activities. The LOCAL GOVERNMENT
shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and
the Department of Labor & Industries requirements.
4.20 Audit
Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of
the State Auditor's Office in accordance with state law and any guidelines the Department of Community,
Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by
the LOCAL GOVERNMENT.
4.21 Proiect Sims
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers
identifying those agencies participating financially in the approved project, the sign or marker must identify
the Washington State Public Works Trust Fund as a participant in the project.
4.22 Nondiscrimination Provision
During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and
state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in
whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the
BOARD.. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this
noncompliance.
4.23 Historical and Cultural Artifacts
The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during
construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at the Washington State Office of
Archeology and Historic Preservation.
The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or
services related to ATTACHMENT ONE: SCOPE OF WORK.
Page 9
2004 PWTF Construction Loan Agreement
PART V: SPECIAL ASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements,
and ordinances as they pertain to the design, implementation, and administration of the approved project.
Of particular importance are the following:
5.01 RCW 43.155.060
The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competitive
bidding requirements for projects assisted in whole or in part with money from the Public Works Trust -Fund — - - —
program.
5.02 WAC 399-30-030(3)
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs
for projects assisted with Public Works Trust Fund loans.
5.03 Assignment
Neither this agreement nor any claims arising under this agreement, shall be transferred or assigned by the
LOCAL GOVERNMENT without prior written consent of the BOARD.
Page 10
2004 PWTF Construction loan Agreement
Scope of Work ✓'"/�
Page i of 4` ( t
Loan Number
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN
ATTACHMENT 1: SCOPE OF WORK
LOAN NUMBER t1W-0`1- 6 1/- o5 %
CLIENT NAME: City of Renton
PROJECT NAME: Maplewood Water Treatment Improvements Construction
1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund
loan. (Attach additional sheets if necessary):
Construction of drinking water treatment improvements: new 12 inch and 16 inch water
mains, fittings and valves to re -direct water from production wells PW-11, PW-12 and PW-
17 from the existing treatment facility to the new (adjacent) treatment facility; relocation of
existing 12 inch and 16 inch back pressure sustaining valves and pump control valves from
the existing treatment facility to the new treatment facility; new flow meters to measure flow
from production wells; new 9,815 SF (approx) cmu and steel roof frame building with
contactor & filter room, control room, electrical room, air scour blower room and low -lift
pump room; new - three vertical granular activated carbon contactors with associated piping,
motorized and non -motorized valves, flow meters, air eductors and pumps, and controls and
instruments (3,000 gpm capacity); new - three vertical green sand and anthracite filters with
associated piping, motorized and non -motorized valves, flow meters, air scour blowers, and
controls and instruments (3,000 gpm capacity); new below ground reinforced concrete
chlorine contact chamber (5,500 gpm capacity; 90 minute contact time; approx. 793,000
gallons); new - two low lift pumps (3,000 gpm capacity) with variable frequency drives,
piping / fittings / valves (5,500 gpm capacity) and controls to move water from the contact
chamber to the existing treatment building; new below ground reinforced concrete back wash
settling basin (approx. 195,000 gallons); new back wash water recycling system including
two pumps (35 gpm / pump), piping, valves and controls; new back wash waste disposal
system including two pumps (30 gpm / pump), slide gates & motors, piping, valves and
controls; remove items from existing treatment building (sulfuric acid storage tank, piping,
etc; caustic soda storage tank, piping, etc; chlorine gas system) — space to be used to house
new system components; new sodium hypochlorite chlorination system for breakpoint
chlorination and rechlorination including delivery vehicle station with spill containment, two
2,500 gallon (approx) storage tanks, one 200 (approx) gallon day tank, two transfer pumps,
piping, valves, injectors, static mixer, two breakpoint metering pumps, two rechlorination
metering pumps, controls and instrumentation ; relocate existing primary power transformer
new feed from relocated transformer to new switchboard; new 480v / 4000A switchboard
with feed to existing switchboard in existing treatment facility and to new motor control
center in new treatment facility; new manual switch gear with Kirk Key system for providing
emergency generator electric power from existing 500 KW portable generator; new electric
lighting, heating and ventilation; re-route existing utility lines around new building and below
ground chambers; new landscaping around new building; restore damaged landscaping and
turf on adjacent golf course; new asphaltic concrete pavement (ACP) on north side of
building to tie in with existing paving; new ACP overlay in truck turn -around area to north
City of Renton - Maplewood Water Treatment Improvements Construction - 2004 PWTF Construction Loan
Scope of Work
Page 2 of 4
Loan Number
and east of new building; and provide stormwater detention, infiltration and treatment as per
the August 2001 Department of Ecology Stormwater Management Manual for Western
Washington.
2. Identify the project's performance measures. (Attach additional sheets if necessary.)
By June 2005 produce treated water from the Maplewood wellfield at a capacity of 3,000
gpm that does not stain customer fixtures, dishes, clothes, etc (a reduction in
manganese concentration from 0.093 milligrams per liter (mg/L) to less than 0.01 mg/L -
a reduction of 90 percent from January 2002) with the capability to increase the capacity
to 5,500 gpm by -adding. two green sand filter vessels and -one --low lift pump. - - - - - -
By June 2005 produce treated water from the Maplewood wellfield at a capacity of 3,000
gpm that does not discharge hydrogen sulfide gas into the atmosphere (a reduction in
hydrogen sulfide gas discharge from 0.06 to 0.20 mg/L [aqueous] to zero - a reduction
of 100 percent from January 2002) with the capability to increase the capacity to 5,500
gpm by adding two granular activated carbon filter vessels and one low lift pump (same
pump as above).
By June 2005 produce treated water from the Maplewood wellfield at a capacity of 5,500
gpm that has a free chlorine residual so that it may be used system wide (a reduction in
total chloramines concentration from 3.0 mg/L to 0.02 mg/L [monochloramine
concentration less than 0.02 mg/L; dichloramine concentration = 0; trichloramine
concentration = 0] - a reduction in chloramines of 99.3 percent from January 2002; a
reduction of free ammonia concentration from 0.4 mg/L to less than 0.02 mg/L -
reduction of free ammonia of 95 percent from January 2002; free chlorine concentration
equal to 1.0 mg/L - an increase of free chlorine of infinite percent from January 2002).
By June 2005 produce treated water from the Maplewood wellfield at a capacity of 3,000
gpm that has improved taste and odor characteristics (a reduction in dissolved hydrogen
sulfide concentration in treated water from 0.002 mg/L to less than 0.001 mg/L - a
reduction of 50 percent from January 2002; dichloramine concentration = 0;
trichloramine concentration = 0; polysulfide concentration = 0) with the capability to
increase the capacity to 5,500 gpm by adding two green sand filter vessels, two granular
activated carbon vessels and one low lift pump (vessels and pump as above).
3. The term of this loan will be based on an engineer's certification of the expected useful life of
the improvements, as stated below, or 20 years, whichever is less. If the local government
prefers the term of its loan to be less than either 20 years or the useful life of the
improvements, the preferred loan term should be indicated: N/A years.
4. I, John David Wilson licensed engineer, certify that the average
expected useful life for the improvements described above is 50 years.
Signed:
Date: March 4, 2004
Telenh ne: 1 425-430-7295
City of Renton - Maplewood Water Treatment Improvements Construction - 2004 PWTF Construction Loan
Scope of Work
Page 3 of 4
Loan Number �lN— y^ 6 91
Estimated Project Costs:
Engineering
Environmental Review
Land/R-O-W Acquisition
Public Involvement/Information
Other Fees
Construction — also includes SCADA system
programming and instrumentation & controls
submittal review; includes 8.8% tax
Construction Inspection — utilities & Special
Inspection
Contingency (5 %)
1.Other (Consultant services during
construction — submittal review, inspection,
structural observation, etc)
2. Other (Specify)
TOTAL ESTIMATED COSTS
Anticipated Fund Sources:
A. Federal Grants
State Grants
B. Locally Generated Revenue
Total Costs
$ (Pre -Construction)
$ (Pre -construction)
$ N/A
$ 2,000.00
$ 30,000.00
$ 10,761,300.00
50,000.00
$ 576,500.00
$ 686,700.00
General Funds
$
Capital Reserves
$
Other Fund
$
Rates
$ 6,956,500.00
Assessments
$
(LID, RID, ULID)
Special Levies
$
Federal Loan(s) from: (identify all)
State Loan(s) from: (identify all)
Other: (identify sources)
TOTAL LOCAL REVENUE
C. PUBLIC WORKS TRUST FUND LOAN
12,106,500.00
$ 0.00
$ 0.00
$ 6,956,500.00
$ 5,150,000.00
City of Renton - Maplewood Water Treatment Improvements Construction - 2004 PWTF Construction Loan
Scope of Work
Page 4 of 4
Loan Number
Calculating Local Percentage:
Notes: 1. Grant funds cannot be counted as local match.
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue = Local Percentage 57.46%
_ The.local contribution -must be -at least:- - — -- — - — -- - - J
Five percent (5%) for a loan interest rate of 2%
Ten percent (10%) for a loan interest rate of I%
Fifteen percent (15%) for a loan interest rate of 0.5%
City of Renton - Maplewood Water Treatment Improvements Construction - 2004 PWTF Construction Loan
PUBLIC WORKS TRUST FUND
ATTACHMENT II: ATTORNEY'S CERTIFICATION
LAWRENCE J. WARREN
hereby certify:
am an attorney at law admitted to practice in the State of Washington and the duly
appointed attorney of the CITY OF RENTON
(the LOCAL GOVERNMENT); and
have also examined any and all documents and record which are pertinent to the loan
agreement, including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The LOCAL GOVERNMENT is a public body, properly constituted and operating
under the laws of the State of Washington, empowered to receive and expend
federal, state and local funds, to contract with the State of Washington, and to
receive and expend the funds involved to accomplish the objectives set forth in their
application.
2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund
financial assistance and to provide for repayment of the loan as set forth in the loan
agreement.
3. There is currently no litigation in existence seeking to enjoin the commencement or
completion of the above -described public facilities project or to enjoin the LOCAL
GOVERNMENT from repaying the Public Works Trust Fund loan extended by the
DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a
party to litigation which will materially affect its ability to repay such loan on the terms
contained in the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the LOCAL GOVERNMENT.
Signature of Attorney Date
LAWRENCE J. WARREN
Name
Address
T:\Contracting\CONTRACTW ttcert.doc
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEMENT
NUMBER PW-04-691-057
CITY OF RENTON
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC
WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or
oral, shall be deemed a part thereof This contract consists of ten pages and two attachments. An attachment
to this agreement, ATTACHMENT 1: SCOPE OF WORK, consists of a description of local project
activities, certification of the project's useful life, and identification of estimated project costs and fund
sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In
addition, ATTACHMENT H: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this
agreement.
The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the
date and year last written below.
PUBLIC WORKS BOARD
John LaRocque, Executive Director
Public Works Board
Date
APPROVED AS TO FORM ONLY
This 171h Day of March, 2003
Christine O. Gregoire
Attorney General
By: Signature on File
Jeanne A. Cushman
Assistant Attorney General
LOCAL GOVERNMENT
Signature
Kathy Keolker—Wheeler
Print Name
Mayor — CITY OF RENTON
Title
Date
91-6001271
Federal Taxpayer Identification Number
Page 1
2004 PWTF Construction Loan Agreement
PART II: INTRODUCTION
This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its
successor, (referred to as the "BOARD"), a department of the state of Washington, and CITY OF RENTON
(referred to as the "LOCAL GOVERNMENT").
Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL
GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE
The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public
works project that furthers the goals and objectives of the Washington State Public Works Trust Fund
Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities
described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with
PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by
this reference are incorporated into this agreement as though set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of
The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL
GOVERNMENT a sum not to exceed $5,150,000.00. The interest rate shall be one-half percent (1/2%) per
annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final
payment due July 1, 2024.
4.02 Local Proiect Share
The LOCAL GOVERNMENT pledges an amount of locally -generated revenue not less than fifteen percent
(15%) of the total eligible portion of the project cost not funded by federal or state grants as identified in
ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the
percentage of locally -generated funds may require an adjustment in the loan amount or interest rate charged,
or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement
adjusting the loan amount or interest rate, as appropriate.
Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to
project activities described in ATTACHMENT 1: SCOPE OF WORK. These expenditures may be made up
to twelve (12) months prior to the execution of the loan agreement and verified at the time of project
close-out.
PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL
GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN
AGREEMENT.
Page 2
2004 PWTF Construction Loan Agreement
4.03 Disbursement of Loan Proceeds
The availability of funds in the Public Works Assistance Account is a function of tax collection and loan
repayment. If funds are not available at the time the invoice is submitted, or when the agreement is
executed, the issuance of warrants will be delayed. Therefore, subject to the availability of funds, warrants
shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL
GOVERNMENT while undertaking and administering approved project activities in accordance with
ATTACHMENT 1: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed
eighty five percent (85%) of the eligible actual project costs. The disbursement of loan proceeds shall be
initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds
will be disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days of the formal execution of this agreement, a sum not to exceed twenty percent (20%)
of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
Within thirty (30) days of the execution of a Notice to Proceed, which follows the formal award of a
construction contract, or contract for engineering services, a sum not to exceed twenty five percent (25%) of
the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
When the LOCAL GOVERNMENT certifies that 35% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan
shall be disbursed to the LOCAL GOVERNMENT.
When the LOCAL GOVERNMENT certifies that 60% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan
shall be disbursed to the LOCAL GOVERNMENT.
At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be
submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs.
The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess. of eighty five
percent (85%) of the eligible project costs or the total of $5,150,000.00 whichever is less. The Close-out
Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and
local share.
In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT
has received Public Works Trust Fund monies in excess of eighty five percent (85%) of eligible costs, all
funds in excess of eighty five percent (85%) shall be repaid to the Public Works Assistance Account by
payment to the Department of Community, Trade and Economic Development, or its successor, within
thirty (30) days of submission of the Close-out Report.
Page 3
2004 PWTF Construction Loan Agreement
4.04 Interest Earned on Public Works Trust Fund Monies
All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue
to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project.
Benefits shall accrue in one of two ways:
1. Reduce the arnount of the Public Works Trust Fund loan.
2. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK
estimates, if there is an overrun of project costs,_ _ -- - -
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public
Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan
agreement. Such procedures shall consist of the establishment of a separate fund, account, sub -account or
any other method meeting generally accepted accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three months after loan agreement execution, and reach project completion no later
than forty-eight (48) months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute default of this
agreement. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in
writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds
vote, extend the deadline.
The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion,
unless terminated sooner as provided herein.
4.06 Rer)avment
The first loan repayment under this agreement is due July 1, 2005, and subsequent installments are due on
July 1 of each year during the term of the loan. The first repayment under this agreement shall consist of
interest only at the rate of one-half percent (1/2%) per annum, calculated on a 360-day year of twelve
30-day months, applied to funds received. Interest will begin to accrue from the date each warrant is issued
to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided
by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an
amount sufficient to bring the loan balance to zero.
The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and
the right to repay at a faster rate than is provided in this agreement, provided that any such payment must
equal or exceed the principal amount normally due on an annual basis.
Page 4
2004 PWTF Construction Loan Agreement
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the
use of a check, money order, or equivalent means made payable to the Department of Community, Trade
and Economic Development, or its successor, and sent to:
Department of Community, Trade and Economic Development
Administrative Services Division/Fiscal Unit
906 Columbia Street S.W.
P.O. Box 48300
Olympia, Washington 98504-8300
4.07 Repayment Account
The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4.09 Loan
Security. The name of the fund, account, or sub -account shall be Waterworks Utility Consticuction.
4.08 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment
not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall
be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The penalty will be
assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on
a 360-day year for the delinquent amount.
The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as
provided for in Section 4.03.
The LOCAL GOVERNMENT acknowledges and agrees to the BOARD'S right, upon delinquency in
the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the
LOCAL GOVERNMENT of such delinquency including, without limitation, the state government and
the United States of America or its agencies, credit rating agencies, and the municipal finance market.
The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in
any action undertaken to enforce its rights under this section.
Page 5 -
2004 PWTF Construction Loan Agreement
4.09 Loan Security
The LOCAL GOVERNMENT must select one of the following options for securing repayment of the
loan. Please initial the appropriate option.
1. . General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT.
OR
2. Revenue Obligation: This option may be used only if the entire project is a domestic
w_at r, amtary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing- - - -
a st sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm
sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water,
sanitary sewer, and storm sewer activities may not use this option.
This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of
the utility system indicated below. Payments shall be made from the net revenue of the utility after the
payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the
utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus
expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to
issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and
charge of this loan agreement.
Please choose and initial one f the following utility systems:
Water
Sanitary Sewer (Wastewater)
Stormwater
Water/Sanitary Sewer
Stormwater/Sanitary Sewer
Solid Waste
OR
3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL
GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement
District, Local Utility District or other similar special assessment district in which the improvements
financed by this loan are located. The name of the special assessment district is
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan
repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under
this agreement.
Page 6
2004 PWTF Construction Loan Agreement
4.10 RecordkeemnR and Access to Records
The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the
right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT
may contract, involving transactions related to this project and this agreement.
The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a
period of six years from the date of project close-out. If any litigation, claim or audit is started before the
expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
4.11 Reports
The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish
the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to
this agreement including, but not limited to, quarterly progress reports, the Close -Out Report, and any other
matters covered by this agreement. Failure to file periodic reports as requested may result in termination of
this agreement as per Section 4.14.
4.12 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and
the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or
all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL
GOVERNMENT or any of its.contractors or subcontractors, or any employees or agents in the performance
of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
4.13 Amendments, Modifications, and Waivers
Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT
may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for
extending the time of perfonmance as provided for in Section 4.05. No modification or amendment resulting
in an extension of time shall take effect until a request in writing has been received and approved by the
BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved
in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or
provisions of this agreement may be waived unless approved by the BOARD in writing.
4.14 Termination for Cause
If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan
proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may
terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL
GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the
effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT obligations
to repay the unpaid balance of the loan.
Page 7
2004 PWTF Construction Loan Agreement
4.15 Termination For Convenience
The BOARD may terminate this agreement in the event that federal or state funds are no longer available
to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this
agreement. Termination will be effective when the BOARD sends written notice of termination to the
LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to
repay the unpaid balance of the loan.
4.16 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and performance hereof
_shall be governed by,_the laws of the -state -of Washington-. Venue of any -suit between the -parties arising out
of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is
entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW).
4.17 Severability
If any provision under this agreement or its application to any person or circumstances is held invalid by any
court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be
given effect without the invalid provision.
4.18 Project Completion
The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the
activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL
GOVERNMENT will provide the following information to the BOARD:
A certified statement of the actual dollar amounts spent, from all fund sources, in completing the
project as described.
2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is
complete and has been designed/constructed to required standards.
Certification that all costs associated with the project have been incurred. Costs are incurred when
goods and services are received and/or contract work is performed.
4. Provide a date for reporting LOCAL GOVERNMENT conformance with the performance
measures identified in ATTACHMENT I: SCOPE OF WORK.
Page 8
2004 PWTF Construction Loan Agreement
4.19 Project Close -Out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with
the Close-out Report, a request for a sum not to exceed the final five percent (5%) of the loan amount. This
disbursement shall not occur prior to the completion of all project activities. The LOCAL GOVERNMENT
shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and
the Department of Labor & Industries requirements.
Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of
the State Auditor's Office in accordance with state law and any guidelines the Department of Community,
Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by
the LOCAL GOVERNMENT.
4.21 Project Signs
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers
identifying those agencies participating financially in the approved project, the sign or marker must identify
the Washington State Public Works Trust Fund as a participant in the project.
4.22 Nondiscrimination Provision
During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and
state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the LOCAL GOVERNMENT'S noncompliance. or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in
whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the
BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this
noncompliance.
4.23 Historical and Cultural Artifacts
The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during
construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at the Washington State Office of
Archeology and Historic Preservation.
The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or
services related to ATTACHMENT ONE: SCOPE OF WORK.
Page 9
2004 PWTF Construction Loan Agreement
PART V: SPECIAL ASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements,
and ordinances as they pertain to the design, implementation, and administration of the approved project.
Of particular importance are the following:
5.01 RCW 43.155.060
The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competitive
bidding requirements for projects assisted in whole or in part with money- from the -Public -Works Trust- Fund-- = -
- - program. - - - -
5.02 WAC 399-30-030(3)
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs
for projects assisted with Public Works Trust Fund loans.
5.03 Assignment
Neither this agreement nor any claims arising under this agreement, shall be transferred or assigned by the
LOCAL GOVERNMENT without prior written consent of the BOARD.
Page 10
2004 PWTF Construction Loan Agreement
Scope of Work ✓&�`
Page 1 of 4`
Loan Number
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN
ATTACHMENT 1: SCOPE OF WORK
LOAN NUMBER v W -04'- 6 1/- C)-5 %
CLIENT NAME: City of Renton
PROJECT NAME: Maplewood Water Treatment Improvements Construction
1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund
loan. (Attach additional sheets if necessary):
Construction of drinking water treatment improvements: new 12 inch and 16 inch water
mains, fittings and valves to re -direct water from production wells PW-11, PW-12 and PW-
17 from the existing treatment facility to the new (adjacent) treatment facility; relocation of
existing 12 inch and 16 inch back pressure sustaining valves and pump control valves from
the existing treatment facility to the new treatment facility; new flow meters to measure flow
from production wells; new 9,815 SF (approx) cmu and steel roof frame building with
contactor & filter room, control room, electrical room, air scour blower room and low -lift
pump room; new - three vertical granular activated carbon contactors with associated piping,
motorized and non -motorized valves, flow meters, air eductors and pumps, and controls and
instruments (3,000 gpm capacity); new - three vertical green sand and anthracite filters with
associated piping, motorized and non -motorized valves, flow meters, air scour blowers, and
controls and instruments (3,000 gpm capacity); new below ground reinforced concrete
chlorine contact chamber (5,500 gpm capacity; 90 minute contact time; approx. 793,000
gallons); new - two low lift pumps (3,000 gpm capacity) with variable frequency drives,
piping / fittings / valves (5,500 gpm capacity) and controls to move water from the contact
chamber to the existing treatment building; new below ground reinforced concrete back wash
settling basin (approx. 195,000 gallons); new back wash water recycling system including
two pumps (35 gpm / pump), piping, valves and controls; new back wash waste disposal
system including two pumps (30 gpm / pump), slide gates & motors, piping, valves and
controls; remove items from existing treatment building (sulfuric acid storage tank, piping,
etc; caustic soda storage tank, piping, etc; chlorine gas system) — space to be used to house
new system components; new sodium hypochlorite chlorination system for breakpoint
chlorination and rechlorination including delivery vehicle station with spill containment, two
2,500 gallon (approx) storage tanks, one 200 (approx) gallon day tank, two transfer pumps,
piping, valves, injectors, static mixer, two breakpoint metering pumps, two rechlorination
metering pumps, controls and instrumentation ; relocate existing primary power transformer
new feed from relocated transformer to new switchboard; new 480v / 4000A switchboard
with feed to existing switchboard in existing treatment facility and to new motor control
center in new treatment facility; new manual switch gear with Kirk Key system for providing.
emergency generator electric power from existing 500 KW portable generator; new electric
lighting, heating and ventilation; re-route existing utility lines around new building and below
ground chambers; new landscaping around new building; restore damaged landscaping and
turf on adjacent golf course; new asphaltic concrete pavement (ACP) on north side of
building to tie in with existing paving; new ACP overlay in truck turn -around area to north
City of Renton - Maplewood Water Treatment Improvements Construction - 2004 PWTF Construction Loan
Scope of Work
Page 2 of 4
Loan Number
and east of new building; and provide stormwater detention, infiltration and treatment as per
the August 2001 Department of Ecology Stormwater Management Manual for Western
Washington.
2. Identify the project's performance measures. (Attach additional sheets if necessary.)
By June 2005 produce treated water from the Maplewood wellfield at a capacity of 3,000
gpm that does not stain customer fixtures, dishes, clothes, etc (a reduction in
manganese concentration from 0.093 milligrams per liter (mg/L) to less than 0.01 mg/L -
a reduction of 90 percent from January 2002) with the capability to increase the capacity
to 5,500 gpm by adding two green_sand filter vessels and -one low lift -pump, - -
By June 2005 produce treated water from the Maplewood wellfield at a capacity of 3,000
gpm that does not discharge hydrogen sulfide gas into the atmosphere (a reduction in
hydrogen sulfide gas discharge from 0.06 to 0.20 mg/L [aqueous] to zero - a reduction
of 100 percent from January 2002) with the capability to increase the capacity to 5,500
gpm by adding two granular activated carbon filter vessels and one low lift pump (same
pump as above).
By June 2005 produce treated water from the Maplewood wellfield at a capacity of 5,500
gpm that has a free chlorine residual so that it may be used system wide (a reduction in
total chloramines concentration from 3.0 mg/L to 0.02 mg/L [monochloramine
concentration less than 0.02 mg/L; dichloramine concentration = 0; trichloramine
concentration = 0] - a reduction in chloramines of 99.3 percent from January 2002; a
reduction of free ammonia concentration from 0.4 mg/L to less than 0.02 mg/L -
reduction of free ammonia of 95 percent from January 2002; free chlorine concentration
equal to 1.0 mg/L - an increase of free chlorine of infinite percent from January 2002).
By June 2005 produce treated water from the Maplewood wellfield at a capacity of 3,000
gpm that has improved taste and odor characteristics (a reduction in dissolved hydrogen
sulfide concentration in treated water from 0.002 mg/L to less than 0.001 mg/L - a
reduction of 50 percent from January 2002; dichloramine concentration = 0;
trichloramine concentration = 0; polysulfide concentration = 0) with the capability to
increase the capacity to 5,500 gpm by adding two green sand filter vessels, two granular
activated carbon vessels and one low lift pump (vessels and pump as above).
3. The term of this loan will be based on an engineer's certification of the expected useful life of
the improvements, as stated below, or 20 years, whichever is less. If the local government
prefers the term of its loan to be less than either 20 years or the useful life of the
improvements, the preferred loan term should be indicated: N/A years.
4. I, John David Wilson licensed engineer, certify that the average
. expected useful life for the improvements described above is 50 years.
Signed:
Date: March 4, 2004
Teleph ne: 425-430-7295
City of Renton - Maplewood Water Treatment Improvements Construction - 2004 PWTF Construction Loan
Scope of Work
Page 3 of 4
Loan Number ��� �^ 6 ��
Estimated Project Costs:
Engineering
Environmental Review
Land/R-O-W Acquisition
Public Involvement/Infon-nation
Other Fees
Construction — also includes SCADA system
programming and instrumentation & controls
submittal review; includes 8.8% tax
Construction Inspection — utilities & Special
Inspection
Contingency (5 %)
1. Other (Consultant services during
construction — submittal review, inspection,
structural observation, etc)
2.Other (Specify)
TOTAL ESTIMATED COSTS
Anticipated Fund Sources:
A. Federal Grants
State Grants
B. Locally Generated Revenue
General Funds
Capital Reserves
Other Fund
Rates
Assessments
(LID, RID, ULID)
Special Levies
Federal Loan(s) from: (identify all)
State Loan(s) from: (identify all)
Other: (identify sources)
TOTAL LOCAL REVENUE
C. PUBLIC WORKS TRUST FUND LOAN
Total Costs
$ (Pre -Construction)
$ (Pre -construction)
$ N/A
$ 2,000.00
$ 30,000.00
$ 10,761,300.00
$ 50,000.00
$ 576,500.00
$ 686,700.00
$ 12,106,500.00
$ 6,956,500.00
10
0.00
0.00
$ 6,956,500.00
$ 5,150,000.00
City of Renton - Maplewood Water Treatment Improvements Construction - 2004 PWTF Construction Loan
Scope of Work
Page 4 of 4
Loan Number ��" O S
Calculating Local Percentage:
Notes: 1. Grant funds cannot be counted as local match.
Calculate as follows:
Total Local Revenue
PWTF Loan + Total Local Revenue = Local Percentage 57.46%
The local contribution must beat. least:
Five percent (5%) for a loan interest rate of
2%
Ten percent (10%) for a loan interest rate of
1%
Fifteen percent (15%) for a loan interest rate of
0.5%
City of Renton - Maplewood Water Treatment Improvements Construction - 2004 PWTF Construction Loan
PUBLIC WORKS TRUST FUND
ATTACHMENT If: ATTORNEY'S CERTIFICATION
LAWRENCE J. WARREN
hereby certify:
am an attorney at law admitted to practice in the State of Washington and the duly
appointed attorney of the CITY OF RENTON
(the LOCAL GOVERNMENT); and
have also examined any and all documents and record which are pertinent to the loan
agreement, including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The LOCAL GOVERNMENT is a public body, properly constituted and operating
under the laws of the State of Washington, empowered to receive and expend
federal, state and local funds, to contract with the State of Washington, and to
receive and expend the funds involved to accomplish the objectives set forth in their
application.
2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund
financial assistance and to provide for repayment of the loan as set forth in the loan
agreement.
3. There is currently no litigation in existence seeking to enjoin the commencement or
completion of the above -described public facilities project or to enjoin the LOCAL
GOVERNMENT from repaying the Public Works Trust Fund loan extended by the
DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a
party to litigation which will materially affect its ability to repay such loan on the terms
contained in the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the LOCAL GOVERNMENT.
Signature of Attorney
LAWRENCE J. WARREN
Name
Address
Date
T:\Contracting\CONTRACT\Aftcert.doc
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: Planning/Building/Public Works
Dept/Div/Board.. Utility Systems Division
Staff Contact...... John Hobson, X-7279
Subject:
Approval of Consultant Contract with Roth Hill
Engineering Partners, LLC for the Sunset Sewer
Interceptor Phase III Project
Exhibits:
Issue paper
Contract
Recommended Action:
Council Concur
Al k:
For Agenda of:
April 26, 2004
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution........... .
Old Business........
New Business.......
Study Sessions......
Information........ .
ilq
Approvals:
Legal Dept......... X
Finance Dept...... X
Other ...............
Fiscal Impact:
Expenditure Required... $132,878 Transfer/Amendment.......
Amount Budgeted....... $200,000 Revenue Generated.........
Total Project Budget $3,000,000 City Share Total Project..
SUMMARY OF ACTION:
The Wastewater Utility Section, as part of its 2004 approved Capital Improvement Program, is
working on pre -design efforts for the Sunset Sewer Interceptor Phase III Project. Because of the size
of the scope for this project, the Wastewater Utility is recommending that Roth Hill Engineering
Partners, LLC be retained to complete the initial pre -design effort. Once this effort is complete, staff
will determine whether to continue the final design in-house or to further amend this contract to
utilize Roth Hill Engineering Partners, LLC through the final design process.
STAFF RECOMMENDATION:
The Planning/Building/Public Works Department recommends that Council authorize the
Mayor and City Clerk to execute the Engineering Consultant Contract with Roth Hill
Engineering Partners, LLC in the amount of $132,878 for pre -design services for the Sunset
Sewer Interceptor Phase III project.
H:\File Sys\WWP - WasteWater\WWP-03-0000 Correspondence - Wastewater\JohnH\Sunset_Int_III_AB agenda bill.docVHjw
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
DATE: April 14, 2004
TO: Don Persson, Council President
Members of the Renton City Council
VIA: ��X�Mayor Kathy Keolker-Wheeler
FROM: Gregg Zimmerman, dmifistrator
STAFF CONTACT: John Hobson, x-7279
SUBJECT: Approval of Consultant Contract with Roth Hill Engineering
Partners, LLC for the Sunset Sewer Interceptor Phase III
Project
ISSUE:
The Wastewater Utility Section, as part of its 2004 approved Capital Improvement Program, is
working on pre -design efforts for the Sunset Sewer Interceptor Phase III Project. Because of
the size of the scope for this project, the Wastewater Utility is recommending that Roth Hill
Engineering Partners, LLC be retained to complete the initial pre -design effort. Once this
effort is complete, staff will determine whether to continue the final design in-house or to
further amend this contract to utilize Roth Hill Engineering Partners through the final design
process.
RECOMMENDATION:
The Planning/Building/Public Works Department recommends that Council authorize the
Mayor and City Clerk to execute the Engineering Consultant Contract with Roth Hill
Engineering Partners in the amount of $132,878 for pre -design services for the Sunset
Sewer Interceptor Phase III project.
BACKGROUND SUMMARY:
The Sunset Sewer Interceptor Phase III project was placed into the 2004 Capital Improvement
Program due to the need to ensure sufficient capacity in our Sunset Blvd NE and Duvall Ave
NE corridor service area. This includes the future sanitary sewer needs of this basin at full
build -out. This project consists of the installation of approximately 7,200 linear feet of 12-inch
and 18-inch sewer mains within the following streets:
April 14, 2004
Page 2
Sunset Blvd NE: From Union Ave NE to the current eastern City Limits.
Duvall Ave NE: From Sunset Blvd NE to NE 24`' St.
The work program for the Wastewater Utility is very full this year with the other replacement_ _
---arid new sewer installation projects we have programmed. As such, we are recommending that
this effort be performed by a consultant rather than by in-house staff. The predesign effort for
this year was planned and budgeted anticipating that a consultant would be used for this work
and sufficient funds are contained within the Wastewater line item for Sanitary Sewer Main
Extensions for this contract.
HAFile Sys\WWP- WasteWater\WWP-03-0000 Correspondence - Wastewater\JohnH\Sunset_Int_III_Issue Paper.docVHjw
ENGINEERING
ANNUAL CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into on this , day of , 2004, by and between
the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE
"CITY," and ROTH HILL ENGINEERING PARTNERS, LLC whose address is 2600 116'h Avenue NE, #100,
Bellevue, WA 98004, at which services will be available for inspection, hereinafter called the "CONSULTANT."
PROJECT NAME: Preliminary Engineering Study, Sunset Interceptor, Phase 3
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 services for the project, and
WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full
compliance with the statutes of the state of Washington for registration of professional engineers, has a current valid
corporate certificate from the state of Washington or has a valid assumed name filing with the Secretary of State and
that all personnel to be assigned to the services required under this Agreement are fully qualified to perform the
services 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 perform the services 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:
SCOPE OF SERVICES
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 services described in Exhibit A, Scope of Services,
which is attached hereto and incorporated into this Agreement as though fully set forth herein.
The Consultant shall perform all services 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 services. The Consultant shall make such minor
changes, amendments, or revisions in the detail of the services as may be required by the City. This item does not
constitute an "Extra Services" item as related in Section VIII of the Agreement.
The services deliverables shall be verified for accuracy by a complete check by the Consultant. The Consultant will
be held responsible for the accuracy of the services deliverables, even though accepted by the City.
II
DESIGN CRITERIA
The City will designate the basic premises and criteria for the services 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:
FA15\011\PMWgmnt\Amua1 Consultant Agreement_Sunset.doc
1. 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 services.
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 Services. Citywill 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 services to the extent provided for in the Scope of Services. The City will not be
obligated to perform any such field studies.
F:U5S011\PNMgmnt\Annual Consultant Agree nt_Sunset.doc 2
IV
OWNERSHIP OF PRODUCTS AND
DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
Documents, exhibits or other presentations for the services covered by this Agreement shall be furnished by the
Consultant to the City upon completion of the various phases of the project. 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 services detailed in the Scope of Services 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 services 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 services may be considered a cause for renegotiation or termination of this Agreement by the other party.
VI
PAYMENT
The Consultant shall be paid by the City for completed services rendered under this Agreement as provided
hereinafter as specified in Exhibit C, Schedule of Hourly Rates. Such payment shall be full compensation for
services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the
services. All billings for compensation for services performed under this Agreement will list actual time (days
and/or hours) and dates during which the services were performed. Payment for these services shall not exceed
$132,878 without a written amendment to this contract, agreed to and signed by both parties.
1. Payment.
a. Billing Rates. Payment for the CONSULTANT's services shall be at the CONSULTANT's
stated billing rate, which includes base compensation and indirect overhead costs. The standard
billing rate of individual personnel assigned to CITY projects shall be calculated as a direct
multiplication of the assignee's base compensation rate or hourly equivalent, factored by the
CONSULTANT's standard fee multiplier. The CONSULTANT may review and modify the fee
multiplier once per year. The CONSULTANT may review and modify the base compensation
C:\Docunmts and Settings%jhobsonNy Documents\Annual Consultant Agree t_Sunset.doc
rate of individuals in employment of the CONSULTANT once per year. The schedule of billing
rates is attached to this Agreement as Exhibit C.
b. Reimbursable Expenses. Direct Expenses such as mileage, computer station time and certain
equipment shall be charged according to the standard schedule of direct reimbursable expenses
attached to this Agreement as part of Exhibit C. The CONSULTANT may update the expense
schedule two (2) times per year.
-Invoice Formai:- — The CONSULTANT's invoices shall itemize the hours and fees in a format
mutually agreed upon.
d. Payment Due. Invoices shall be submitted by the CONSULTANT monthly, are due upon
presentation and shall be considered past due if not paid within thirty (30) calendar days of the
due date. The CITY will inform the CONSULTANT of the standard monthly invoice submittal
schedule that will facilitate the CITY's timely payment of invoices.
e. Interest. If payment in full is not received by the CONSULTANT within thirty (30) calendar
days of the due date, invoices shall bear interest at one -and -one-half (1.5) percent of the PAST
DUE amount per month, which shall be calculated from the invoice due date. Payment
thereafter shall be first applied to accrued interest and then to the unpaid principal.
Payment for extra services performed under this Agreement shall be paid as agreed to by the parties hereto in writing
at the time extra services are authorized. (Section VIII "EXTRA SERVICES").
A short narrative progress report shall accompany each voucher for progress payment. The report shall include
discussion of any problems and potential causes for delay.
To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee
interviews.
Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to
this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in
writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however,
be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with
respect to such claims.
The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years
after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing
upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention
period, the records shall be retained until all litigation, claims or audit findings involving the records have been
resolved. The three-year retention period starts when the Consultant receives final payment.
FAA 5\011\PM4lgmntWm m1 Consultant Aereement_Sunwt.dw
VII
CHANGES IN SERVICES
The Consultant shall make all such revisions and changes in the completed service deliverables 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 services or parts
thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. These
services shall be considered as Extra Services and will be paid for as provided in Section VIII.
VIII
EXTRA SERVICES
The City may desire to have the Consultant render services in connection with the Project in addition to or other than
services provided for by the expressed intent of the Scope of Services. Such services will be considered as Extra
Services and will be specified in a written supplement which will set forth the nature and scope thereof. Services
under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether services are
Extra Services or services already covered under this Agreement shall be resolved before the services are
undertaken. Performance of the services by the Consultant prior to resolution of any such dispute shall waive any
claim by the Consultant for compensation as Extra Services.
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 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 services provided to be rendered herein, shall be the
sole obligation and responsibility of the Consultant.
The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been at any time during the period of this contract, in the
employ of the City except regularly retired employees, without written consent of the City.
If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical,
or clerical staff as a result of this project, 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;
FA15\011\PM"pmt\Annua1 Consultant Agrme nt_Su=l.dx
recruitment or any recruitment advertising; layoff or terminations; 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
services 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.
C. In the event this Agreement is terminated by the City, other than for fault on the part of the Consultant,
the CONSULTANT shall be compensated for all services performed and reimbursable expenses incurred
prior to the receipt of notice of suspension. In addition, upon resumption of services, the CITY shall
compensate the CONSULTANT for expenses incurred as a result of the suspension and resumption of its
services, and the CONSULTANT's schedule and fees for the remainder of the services may be equitably
adjusted upon mutual agreement.
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 services to the date of termination, the extent of services originally required which was
satisfactorily completed to date of termination, whether those services are 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 services required and the time which may be required to do so, and other factors which affect the
value to the City of the services 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 services, 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 services 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 services 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.
F:\15\011\PMWgtmn\Annual Consuli.'tnt Agmem nt_Sun. et.doc
XII
DISPUTES
Any dispute concerning questions of facts in connection with services 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 delegates, 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
services to be performed under this Agreement. This contract shall be interpreted and construed in accordance with
the laws of Washington.
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 million, unless waived or reduced by the
City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard
Accord 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 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 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 services 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 activities in City right-of-way.
The Consultant's relation to the City shall be at all times as an independent contractor.
FA15\011\PM"gnmAAmun1 Consulnmt Agr treot_Sunsmdoc
XIV
SUBLETTING OR ASSIGNING OF CONTRACTS
The Consultant shall not sublet or assign any of the services 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.
XV_I - - - - - - - - - -
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.
CITY OF RENTON
Kathy Keolker-Wheeler, Mayor Date
ATTEST:
Bonnie I. Walton, City Clerk
FA15\011\PNMgm AAnnual Consultant Agmement_Sunset.doc 8
Exhibit A
Scope of Services
City of Renton
April2, 2004
EXHIBIT A
SCOPE OF SERVICES
City of Renton
Preliminary Engineering Study
Sunset Interceptor, Phase 3
Roth Hill Engineering Partners, LLC
Project No. 15-011
PROJECT DESCRIPTION AND PURPOSE
The City of Renton currently operates sanitary sewer systems on Sunset Boulevard and
Duvall Ave NE with local collection sewers in adjacent developments, including a series
of two lift stations (Stonegate and Summer Wind) to the northeast. Portions of the
system in this area are nearing their capacity. As a result, and in conjunction with the
City's proposed roadway improvement project on Duvall Ave NE, the City is evaluating
replacement and upsizing of portions of this system.
The purpose of this project is to prepare preliminary engineering analyses and design
related to upsizing and extending the current sanitary sewer systems on Sunset
Boulevard between Union Avenue NE and approximately Ilwaco Ave NE, as well as on
Duvall Ave NE from Sunset Boulevard to approximately NE 24th Street. Where feasible,
the currently existing circuitous piping configurations are to be replaced with new pipe
routes that have fewer changes in flow direction.
The City is currently conducting, with the assistance of a transportation consultant,
design of roadway and storm drainage systems for Duvall Ave NE from SE 95th Way to
Sunset Boulevard and approximately 1000 feet both east and west of Duvall on Sunset
Bouldvard.
Specifically, this project involves: the collection of background data on existing utilities,
topography, geotechnical conditions, and anticipated sewage flows; modeling of future
flow scenarios in the tributary basins; coordination with the transportation consultant for
the Duvall Ave project; evaluation of required pipe sizes and possible construction
methods; development of a preliminary opinion of probable construction cost; and
preparation of a summary Technical Memorandum. The scope is limited to preliminary
engineering design, but may be expanded to include final design, preparation of contract
documents, and construction support upon amendment to the professional services
agreement.
SCOPE OF SERVICES AND TASKS
The scope of services for this project consists of the following tasks:
A. Research, Information Gathering, Coordination with Utilities
• Gather City construction record drawing information (Water, Sewer, Storm).
• Obtain basemaps and/or construction record drawings for existing power,
gas, telephoner.and cable utilities in the vicinity of the project site.
• Incorporate construction record drawing information into project drawings.
Deliverable: This information will be incorporated into the project drawings.
Exhibit A
Scope of Services
City of Renton
April2, 2004
B. Topographic Survey
Collect field topographical data outside the limits of the roadway design consultant's
(BERGER/ABAM Engineering) survey of Duvall and also collect approximately 65
sanitary manholes, including those on Duvall. The topographic survey will collect all
above ground surface features including, but not limited to manholes, storm catch
basins, water valves, fire hydrants, water meters, pavement limits, curb/gutter,
sidewalk, utility vaults, poles and pedestals. Also included will be locations of existing
utilities as available from record drawings, as-builts provided by utility companies and
as field -located by the utilities and identified by painted locate marks. Tasks may
include, but are not limited to, the following:
Coordinate with City's roadway design consultant to secure Autocad drawing files
(.dwg file compatible with Autocad Map 2000i) and survey data control
(horizontal NAD 83 and vertical NAVD 88) coordinate files for the area the have
surveyed (Duvall Ave. NE from Sunset Boulevard to approximately NE 24t
Street, and on Sunset Boulevard approximately 1000 feet both east and west of
Duvall Ave. NE). These plans are to be received along current project plans prior
to beginning topographic survey under this scope.
• Perform field topographic survey (from back of sidewalk to back of sidewalk on
each side of Sunset Boulevard) to identify existing surface features using
electronic surveying equipment and two -person field crew (on Sunset Boulevard
from Union Avenue NE to approximately 1000 feet west of Duvall Ave. NE and
from approximately 1000 feet east of Duvall Ave. NE to the City limits
(approximately Ilwaco Ave NE)).
• Collect sanitary sewer manhole locations and rim/invert elevations (measure
downs) on Duvall Ave NE and Sunset Blvd. (approximately 65 total) to verify
critical sewer data from City's roadway design consultant.
• Collect measure downs for storm water catch basins.
• Process field survey data and prepare base map drawings.
• Research and office support (PLS) for required survey tasks.
• Project Management as required for quality assurance.
Not included: Collection of finished floor elevations or other data on side sewers.
Deliverable: None to City. The completion of this phase includes a base map
drawing (Autocad Map 2000i) in plan view indicating the field topographic data
identified above for use in subsequent tasks.
C. Geotechnical Engineering Evaluation and Report
Roth Hill will coordinate with a Geotechnical Engineer who will conduct exploration of
subsurface conditions, review available geotechnical data, and prepare a
geotechnical engineering report. Roth Hill will:
• Select a geotechnical engineering subconsultant.
• Prepare scope of services and subconsultant agreement.
• Coordinate project background data and maps with subconsultant.
• Review draft geotechnical report prepared by subconsultant.
• Meet with the City and Geotechnical Engineer to discuss findings and
preliminary recommendations.
• Include / incorporate geotechnical report into Technical Memorandum.
2
Exhibit A
Scope of Services
City of Renton
April 2, 2004
Geotechnical Engineering Subconsultant's Scope of Services is attached as Exhibit
D.
Deliverable: Geotechnical engineering report and incorporation of recommendations
into Technical Memorandum.
Assumptions: Geotechnical engineer for roadway design (GeoEngineers) will make
boring logs and test results available for use in this geotechnical engineering report.
The City will provide detailed utility locations (mainline and side sewers) prior to and
in the vicinity of proposed geotechnical exploration.
D. Sewer Hydraulic Modeling
A hydraulic model is being developed for the sanitary sewer system under a
separate agreement. That effort will lead to a functional hydraulic model with flow
scenarios, including an ultimate flow scenario, prior to June 1, 2004. Under this
scope of services, the proposed upgrades to the piping in Duvall and Sunset will be
analyzed for capacity. This effort will support the consideration of alternative system
configuration described herein.
• At a meeting held with the City on March 11, 2004, it was determined that the
flows will be based on an "ultimate" flow scenario to be developed under a
separate agreement.
• Conduct hydraulic modeling of the existing pipe system within Duvall and Sunset
within the project limits. Identify deficiencies in the existing system capacity.
• Assess the impacts to the proposed pipe replacements of removing the
Summerwind Lift Station with a gravity interceptor to the Stonegate Lift Station.
The flow rate from Stonegate Lift Station will be taken to be the flowrate into that
lift station from the combined basins.
• Develop a set of recommended pipe sizes, slopes, and configuration for the
sewer system on Duvall and Sunset within the project limits.
• In coordination with design recommendations below (see Task F), analyze the
proposed piping system for capacity under the defined flow scenarios.
Deliverable: Technical Memorandum summarizing results of hydraulic analyses with
recommended pipe sizing for the pipes in Duvall and Sunset under consideration in
this scope of services.
If the hydraulic model being developed under a separate contract is not sufficiently
advanced by the date indicated on the attached schedule, this scope (and budget)
may need to be amended to provide for an alternative method of establishing
tributary flows. Such amendment may include the adoption of simplified basin and/or
planning criteria.
E. Coordination with Transportation Design Consultant (Berger/Abam)
This task is to provide for coordination between the roadway / storm drainage design
and the sewer design to avoid conflicts.
• Receive and incorporate two iterations of current roadway / storm drainage
plans from Berger/Abam as background. Plans to be delivered both
electronically (Autocad 2000 format) and on paper. The first set of plans are to
be received along topographic data prior to beginning topographic survey under
F
Exhibit A
Scope of Services
City of,Renton
April 2, 2004
this scope. The second set is to be received at the approximate midpoint of the
Preliminary Engineering Analysis and Design phase of this scope.
Review roadway / storm drainage plans for potential conflicts with existing and
proposed sanitary sewers (two iterations).
Deliver two iterations of the sanitary sewer preliminary design to Berger/Abam.
The first set of plans to be transmitted at the approximate midpoint of the
Preliminary Engineering Analysis and Design phase of this scope. The second
set of plans to be transmitted at the time of completion of the Technical
memorandum.
- — — Deliverable Electronic -and paper -copies of current design plans to Berger/Abam.
F. Preliminary Engineering Analysis and Design
• Investigate possible construction methods for sewer replacement including
trenchless technologies.
• Consider traffic control, staging, bypassing, and sequencing in evaluation of
construction methods. This information will be summarized in text, not on the
drawings.
• Investigate probable construction costs associated with various construction
methods to such a level as to allow comparison of alternatives at a unit cost
level.
• Review proposed improvements with in-house construction observers
(constructability review).
• Identify potential utility conflicts for potholing and forward the list to the City
for consideration. Coordinate with City on whether potholing should be done
and by whom. Potholing will be done either a) by City crews or b) by
subconsultant agreement to this contract following an amendment to this
agreement.
• Prepare preliminary Opinion of Probable Construction Cost for the
recommended construction method. This will address all construction costs
and be developed to the 30% design level.
• Meet with City to discuss initial findings and receive input on the City's
preferred alternative(s).
• Prepare recommendation on piping configuration (alignment and slope) and
construction methods.
• Prepare preliminary design drawings (plan and profile).
• Conduct in-house quality assurance (QA) review.
• Prepare draft and submit to City a Technical Memorandum summarizing
analyses and proposed improvements including: summary of research into
existing utilities; incorporation of geotechnical engineering report; summary of
hydraulic modeling assumptions and results; summary of considerations of
alignment, sewer bypassing, traffic control, and other considerations
described in this scope; preliminary design drawings showing proposed plan
and profile, existing facilities mapped under topographic survey phase, and
proposed surface improvements taken from roadway design engineer's
plans.
• Meet with City to discuss the draft Technical Memorandum.
• Prepare Final Technical Memorandum based on written comments received
from City.
ld
Exhibit A
Scope of Services
City of Renton
ADM 2. 2004
Deliverable: Three paper copies and one electronic copy (on CD) of the Draft and
Final Technical Memorandum. Three sets of paper copies (22X34) and one
electronic copy (on CD) of project drawings. The recommended alternative will be
shown in preliminary (design) plan and profile drawings.
The last set of drawings prepared under this agreement will be preliminary
(approximately 30%) and not appropriate for construction. They will be sealed by the
professional engineer responsible for their development.
Any input received from the City outside of the two meetings described herein shall
be provided in writing.
The City will provide sketches for the areas of existing side sewers in the vicinity of
MI -Is 101 and 86. Reconfiguration of side sewers is assumed to be limited to these
two areas.
The City will conduct television inspection of all of the existing main line sewers
within the project limits on Duvall Ave. and Sunset Blvd. and provide to Roth Hill with
a copy on DVD prior to May 28th, 2004. The data will include distances from
manholes to side sewers.
G. Utility Locate Coordination
Following coordination with City as to their desired potholing effort, an amendment
will be developed for Roth Hill's services for coordination of potholing, collection of
topographic data associated with potholing, and reflecting potholing data on the
preliminary plans. This amendment may include the services of a utility locating
subconsultant. This scope of services currently assumes that no potholing will be
conducted.
H. Project Management
Provide initial and ongoing project management of the project.
• Prepare scope of services, schedule and budget for preliminary analysis and
design phase.
• Meet with the City to discuss scope and budget of project (two meetings, first
was 2-3-04 and second was on 3-11-04).
• Manage tasks and staff for the preliminary engineering phase.
• Set up files and manage project filing.
• Monitor progress against projected schedule and estimated hours/costs.
• Review Work -In -Progress accounting reports and administer invoicing to City
monthly.
• Communicate with City staff regarding the design progress, any issues of
concern, project requirements, periodic reviews, and overall project schedule.
• Internal project status meetings.
• Provide supervision and answer questions from design team.
• Meet with City on one occasion in addition to the meetings described above
for the purpose of discussing project progress and scheduling.
Deliverable: Project Plan including Scope of Services, Project Schedule, and
Engineering Fee worksheet.
5
Exhibit A
Scope of Services
City of Renton
April2, 2004
PROJECT ASSUMPTIONS
The City will provide their in-house version of standard details and design standards to
Roth Hill for the use in preliminary engineering design. Drawings shall be in ACAD 2000
format or reproducible on either standard letter or ledger size paper.
Roth Hill recoginizes that the City has an established process for administration of public
works contracts with in-house staff. In the event design and engineering materials
produced under this scope of services, and which have been stamped and sealed by
Roth Hill, are used by the City in the construction contract documents, Roth Hill will be
involved in the administration of the contract on aregular and consistent basis._ Such.
involvement may include review of material and shop drawing submittals, attendance of
weekly or biweekly onsite meetings with the contractor during construction, receipt and
review of copies of construction correspondence, and meetings with the contractor to
discuss issues that arise during construction. Such involvement will be at such a level
as to allow Roth Hill to continue to be aware of essential project issues throughout the
period of the contract so as to allow Roth Hill to provide the City with input from the
design engineer's perspective. Such involvement is intended to assist the City with
identification of potential contract problems or potential contractor claims with as much
forewarning as possible in order to develop a strategy for minimizing impact to the
contractor and potential contractor claims.
ITEMS NOT INCLUDED IN THIS SCOPE OF SERVICES
• Submittal of a report to DOE (pursuant to WAC 173-240) if the project is not in
conformance with the existing Comprehensive Sewer Plan.
• Preparing an amendment to the Comprehensive Sewer Plan, if required.
• Developing scope, schedule, budget for design and/or construction phase services.
• In -field flow monitoring.
• Environmental studies (wetlands, wildlife, and soil analyses except as provided for in
the geotechnical engineering evaluation.)
• Recommending improvements to existing lift stations or sizing of new lift stations.
• Underground utility locating services for the topographic survey locations.
• Potholing of any existing underground utilities.
• Design or recommendation related to abandonment of the existing sewer system.
POSSIBLE FUTURE TASKS — NOT AUTHORIZED AT THIS TIME
Community Involvement
• Direct mail materials to property owners and residents outlining project,
construction timeline, potential impacts and contact information
• Project description, timeline, potential impacts and contact information for the
city's website.
• Press release to local papers and community organizations outlining project,
construction timeline, potential impacts and contact information with specific
emphasis on traffic alternations
C.
Exhibit A
Scope of Services
City of Renton
April 2, 2004
Preparation of Draft Contract Documents
• Prepare outline specifications identifying proposed bid items and sections
60% Design
• Revise drawings from 30% design review comments
• Provide additional detail on drawings
• Prepare draft specifications including all required sections and detailed
descriptions of bid items
• Revise quantities and opinion of probable construction cost
• Submit drawings, specifications, and statement of probable construction cost
to City for review
• Conduct in-house QA and field reviews
• Meet with City to discuss review comments
• Revise drawings per review comments
90% Design
• Revise drawings and specifications from 60% Design review comments
• Complete drawings including all details, call -outs, notes, and tables
• Complete specifications and opinion of probable construction cost
• Submit drawings, specifications, and opinion of probable construction cost to
City for review
• Conduct in-house QA review
• Meet with City to discuss review comments
• Revise drawings per review comments
Preparation of Final Contract Documents
• Drafting and editing of drawings and specifications.
• Finalize opinion of probable construction cost
• Revisions per review comments
Easement Preparation
• Determine required easement locations
• Easement property owner research, preparation of legal descriptions and
easement documents in City format, log & record signed easements
• Prepare easement document exhibits
• Prepare cover letter to property owners
Easement Acquisition
• Distribute easement documents to property owners, meet with property
owners to discuss, sign and notarize easements, coordinate between
homeowners & City
Permitting
• Prepare, submit, & track application for Right of Way permit
• Prepare, submit, & track application for King County Wastewater Treatment
Division Sewer Extension approval
• Prepare, submit, & track application for WSDOT Permit
• Prepare SEPA checklist and assist City with SEPA process
7
Exhibit A
Scope of Services
City of Renton
April 2, 2004
Administration of Bidding Process
• Reprographics & advertisement
• Attend bid opening
• Prepare bid tabulation, check references on low bidder, prepare award
recommendation, coordinate signing of contract, issue Notice to Proceed
• Answer bidder questions during bid period as necessary
• Prepare and issue addenda to bidders as necessary
Construction Administration
• Prepare for and attend_pre=construction meeting.-
- — • Review material submittals, prepare pay estimates, review field notes,
communicate with contractor to discuss issues as they arise, prepare change
orders if necessary.
• Answer construction questions, resolve issues, coordinate with team.
• Coordinate communication from Contractor to City and Engineer, attempt to
resolve issues as they arise.
Construction Observation
• Monitor daily construction activities — ensure that Contractor constructs
facilities per the design requirements.
• Coordinate with Contractor and City staff on construction -related issues.
• Track quantities of bid items used and coordinate pay estimates with
contractor.
• Submit daily construction reports to City broken down by street and including,
but not limited to, time of day, weather, contractor personnel working,
equipment in use, narrative of work being done, and quantities installed.
• Maintain a construction record drawing set with actual dimensions and
revisions as necessary to the original design drawings.
• Take photos of work progress with date shown on photos and submit to City.
• Submit monthly summary of completed pay quantities to City for City's use in
preparing monthly progress payments to Contractor
• Prepare Contractor punchlist and follow up on completion
Construction Survey
• Sewer construction staking.
• Office survey — cut sheets/calculations.
Prepare Construction Record Drawings
• Draft changes to design drawings per construction field notes.
• Review of construction record drawings.
• Submit to City in appropriate form (e.g. electronic, paper, mylar).
Project Completion
• Attend post -construction meeting with City to discuss Consultant performance
and how well the needs of the City were met
• Prepare and review project closeout documents
END OF EXHIBIT A
Exhibit C
Schedule of Hourly Rates
Roth Hill Engineering Partners, LLC, fee schedule by staff classification and non -labor expense category
as of April 1, 2004. Rates Subject to modification
Staff Time
Classification
Hourly Billing Rate Range
Clerical
$30.00 - $60.00
Administrative
$45.00- $70.00
Government Affairs
$60.00- $82.00
Technician
$50.00 - $68.00
CADD/Drafter
$45.00- $61.00
CADD/Technician
$65.00 - _$84.00._
Project- Coordinator -- - -
$60.00- $80.00
EIT/Designer
$55.00 - $81.00
Engineer
$80.00 - $108.00
Construction Representative
$68.00 - $101.00
Project Surveyor, PLS / Senior PLS
$85.00 - $110.00
Asst. Survey Party Chief / Party Chief
$55.00 - $85.00
Survey Technician
$45.00 - $60.00
Survey Assistant
$30.00 - $45.00
Computer Systems
$75.00 - $96.00
Project Administrator / Specialist
$85.00 - $115.00
Project / Services Manager
$95.00 - $135.00
Director / Principal
$135.00 - $155.00
Reimbursable Expenses
Travel
Cars $0.375
Trucks $0.375
Prints
Black & White Laser CADD plots (up to 11x17) $1.25/sheet
Color Laser Prints (up to 11 x17) $1.50/sheet
Ink Jet CADD plots (large format) $7.50/sheet
Computer Station $10.00/hour
Map/Drawing Scanning $5.00/sheet
Field Eauioment
Flo -Tote (flow monitoring)
$30.00/day
Vertical control (surveying)
$5.00/hour
Horizontal Control (surveying)
$5.00/hour
Total Station w/data collection
$13.00/hour
No charges are billed for the following items:
1. Long distance phone calls
2. Fax services
3. Postage
4. Photocopy paper or stationery for in-house production
5. In-house Photocopy - no "per copy" charge, but related labor is billed
F:\15\011\PM\Agmnt\Rate Sheet iii.zv Effective April 1, 2004.doc
`
V
City *Renton
Preliminary Engineering Study Exhibit
Sunset Interceptor, Phase m
Engineering Fee Estimate
Principal
Project
Manager
Quality
Assurance
JProject Administratoo
Project
Engineer
Project
Techniciav�
CAD Technician
Project
Surveyor
Survey
Field Crew
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Field Crew
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C nstruction
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TAL
LABOR
TOTAL
TOTAL
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Rate
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Rate
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ate
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Cost
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100
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U L
` e ; HWA GEOSCIENCES INC.
Geolechnirn( FnwhwerinQ Inspemon anal Testing
Exhibit D
April 2, 2004
HWA Proposal No. P5091(rev4)
Roth Hill Engineers, LLC.
2600 116`h Avenue N.E., Suite 100
Bellevue, Washington 98004
Attention: Mr. Kevin Goss, P.E.
Subject: PROPOSAL FOR GEOTECHNICAL ENGINEERING SERVICES
SUNSET INTERCEPTOR — PHASE III
RENTON, WASHINGTON
Dear Kevin:
In response to your request, HWA GeoSciences Inc. (HWA) is pleased to present this revised
proposal and cost estimate for geotechnical services for the proposed sanitary sewer
improvements, as part of the Sunset Interceptor Phase III project in Renton, Washington.
PROJECT UNDERSTANDING
We understand that the project will be situated along Sunset Boulevard from Union Ave NE to
Ilwaco Ave NE (about 4,800 feet in length), and along Duvall Ave NE from Sunset Boulevard to
NE 24`h Street (about 3,000 feet in length), within Sections 3 and 4, Township 23 North, Range 5
East, W.M., in the City of Renton. The project will include design and construction of sewer
pipeline improvements consisting of replacing and upsizing the system and extending the system
northward on Duvall Ave NE; a total length in excess of 7,800 lineal feet. The pipeline will be
installed under the existing roadways, at depths below existing grades of between 4 to 15 feet
along Sunset Boulevard and from 9 to 16 feet along Duvall Ave NE.
All project locations are situated on busy streets having anywhere from 3 to 5 traffic lanes. Open
excavation for the new sewer installation poses issues with traffic control, surface restoration
cost and dewatering. To reduce these impacts, trenchless technologies such as pipe -bursting,
directional drilling, and pipe jacking are seriously being considered. In addition, we understand
that some of the streets may be comprised of Portland Cement Concrete (PCC) pavement that is
now overlain by asphaltic concrete. Damage of the existing pavement needs to be minimized
during construction of the new sewer improvements.
March 26. 2004
HWA Proposal No. P5091(Rev3)
PROJECT APPROACH
Our proposed geotechnical study will assess the soil conditions and their engineering properties
with regard to both open and trenchless technology sewer installation methods. To assess in situ
soil conditions, we anticipate drilling eight (8) borings to depths of between 20 and 25 feet at
selected locations along Sunset Boulevard, and three (3) borings along Duvall Ave NE to depths
of 20 feet below the existing ground surface. Standpipe piezometers will be installed at five
selected locations to determine and monitor ground water levels. Along Duvall Avenue NE, we
plan to use the boring information obtained by GeoEngineers for the on -going Duvall Avenue
NE Improvement project. The results of their investigation indicate that native glacial till
underlies the roadway at depth and that only minor perched groundwater may be of concern
- during -open -trench construction. However, the existing roadway design investigation didnot—
adequately characterize the subsurface with regard to the trenchless technology aspects of this
project. In particular, no borings were conducted that characterize the existing trench backfill
materials. Accordingly, three (3) deep borings are proposed to supplement existing subsurface
information specifically along the existing trenchline in Duvall Ave NE.
Piezometers installed at various locations along the project will be flush -mounted in the existing
pavement areas and will be protected by locking steel monument. covers. We expect to conduct
at least one ground water level reading set, after our field drilling program is completed. These
wells will be the property of the City and should be eventually decommissioned in accordance
with DOE regulations. This can be effectively achieved during project construction, by grouting
the installations under the direction of a geotechnical professional. Costs for decommissioning
of piezometers are, however, not included in the scope of the work.
For pipe bursting trenchless technology to be considered as a potential construction option for
the new sewer construction, it is imperative to accurately assess the existing trench backfill
conditions with regard to soil type, degree of compaction and ground water levels. Therefore,
we propose to drill some of our holes through the existing backfill. To achieve this, our borings
should be located as close as possible to the existing utilities, no less than 3 feet from the
locations marked by the utility locators. Drilling along the existing sewer trench lines poses the
risk of drilling through the existing sewer line, which could interrupt the sewer services. To
avoid such undue mishaps, we recommend that all existing utilities be accurately located. The
intent will be to terminate the borings just before (about 1-foot above) encountering the existing
pipe. We understand that the City of Renton will undertake and/or manage the locating process.
HWA will provide the City with proposed exploration locations that will be field checked and
approved by the City.
Our report will address the geotechnical engineering recommendations for sewer installation by
means of open excavation or trenchless technologies. In addition, street shoring and access pit
excavation methods will be recommended. The project site is located within the confines of
Honey Creek and May Creek drainage basin area. Therefore, we anticipate that fluctuating
ground water levels in the area will impact the excavation and trenchless technology processes
for the new sewers.
File_040504_Exhibit D HWA proposal.doc 2 HWA GeoSciences Inc.
March 26. 2004
HWA Proposal No. P5091(Rev3)
SCOPE OF SERVICES
Our proposed scope of services will include the following task items:
• Collect readily available geologic and ground water information pertaining to the site, and
review same prior to the field work to aid in development of an understanding of site
conditions and facilitate planning of the investigation program.
Prepare an exploration traffic control plan for review and approval by the WSDOT and the
City of Renton.
Conduct a geotechnical field investigation program to provide information relative to
subsurface soil and ground water conditions present along the project alignment. We
envisage utilizing a truck -mounted hollow -stem auger drill rig to advance the borings, and
understand that the site is accessible to such equipment. All drill cuttings will be hauled
away from the site. Traffic control measures will be undertaken during exploration in
accordance with provisions contained in the approved permit(s).
• Conduct field and laboratory testing to evaluate relevant physical properties of the site soils.
The tests will be performed in general accordance with appropriate American Society for
Testing Materials (ASTM) standards, and will include Standard Penetration Tests (SPTs),
natural moisture content determinations and grain size analysis as appropriate.
Prepare a preliminary geotechnical report containing the results of our geotechnical
engineering investigation including description of surface and subsurface conditions, a site
plan showing exploration locations and other pertinent features, summary boring logs, and
laboratory test results. The report will provide geotechnical recommendations for design and
construction of the sewer pipeline including recommendations regarding the applicability of
alternative trenchless technology methods.
1) Attend one meeting with the City in which the preliminary findings are discussed.
2) Prepare a final geotechnical engineering report.
3) Provide project management for the geotechnical tasks.
COST ESTIMATE
Based on our understanding of the project and assumed conditions, we propose to provide the
above geotechnical services on a time and expense basis. The cost of the services proposed
herein, including subcontract work, is estimated to be about $38,697. However, if unexpected
conditions are revealed during the evaluation or you request analyses and evaluations that would
require a level of effort beyond the scope of our study and budget, we will contact you
immediately to discuss and gain approval of any necessary modifications to our scope of services
and/or budget estimate prior to doing any work beyond our original scope. Summaries of the
estimated costs and assumptions made are presented on the attached spreadsheets. Our scope of
File_040504_Exbibit D HWA proposal.doc 3 HWA GeoSciences Inc.
March 26, 2004
HWA Proposal No. P5091(Rev3)
services does not include the evaluation of the potential presence and/or concentrations of
contaminated and/or hazardous materials on site, nor the identification or delineation of wetlands
and the project's potential impact on them.
We appreciate the opportunity to present this proposal for geotechnical services on this project.
If you have any questions regarding this proposal, or need additional information, please do not
hesitate to contact us.
Sincerel-y; -- - --- - — -
HWA GEOSCIENCES INC.
Sa H. Hong, P.E.
Principal Engineer
Enclosure: Cost Estimates
SEG:shh:seg
File_040504_Exhibit D HWA proposal.doc 4 HWA GeoSciences Inc.
RESOLUTION NO. 3229
CITY OF RENTON
SUMMARY OF FAIR PRACTICES POLICY
ADOPTED BY RESOLUTION NO. 3 2 2 9
It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to
ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic
background, gender, marital status, religion, age or disability, when the City of Renton can reasonably
accommodate the disability, of employees and applicants for employment and fair, non-discriminatory
treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines:
(1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related
activities included recruitment, selection, promotion, demotion, training, retention and
separation are conducted in a manner which is based on job -related criteria which does not
discriminate against women, minorities and other protected classes. Human resources
decisions will be in accordance with individual performance, staffing requirements, governing
civil service rules, and labor contract agreements.
(2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will
cooperate fully with all organizations and commissions organized to promote fair practices
and equal opportunity in employment.
(3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal
Employment Program will be maintained and administered to facilitate equitable
representation with the City work force and to assure equal employment opportunity to all. It
shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer,
department administrators, managers, supervisors, Contract Compliance Officers and all
employees to carry out the policies, guidelines and corrective measures set forth in the
Affirmative Action Plan and Equal Employment Program.
(4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and
suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair
Practices and Non-discrimination policies set forth by the law and in the City's Affirmative
Action Plan and Equal Employment Program.
Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation
of the City, including bid calls, and shall be prominently displayed in appropriate city facilities.
CONCURRED IN by the City Council of the City of RENTON, Washington, this 7 tlday of October, 1996.
CITY OF RENTON:
mayor
Attest: t
City Clerl
RENTON CITY COUNCIL:
Council President
FA15\011V'\4\ArnwAAmro 1 Co anit3m ActrrnR'IV_ SuMW1 11 C 10
AFFIDAVIT OF COMPLIANCE
ROTH HILL ENGINEERING PARTNERS, LLC hereby confirms and declares that
( Name of contractor/subcontractor/consultant/supplier)
I. It is ROTH HILL ENGINEERING PARTNERS, LL_C's _policy to offer equal
( Name of contractor/subcontractor/consultant/supplier)
opportunity to all qualified employees and applicants for employment without regard to
the race, creed, color, sex, national origin, age, disability or veteran status.
lI. ROTH HILL ENGINEERING PARTNERS, LLC complies with all applicable federal,
( Name of contractor/subcontractor/consultant/supplier)
state and local laws governing non-discrimination in employment.
H. When applicable, ROTH HILL ENGINEERING PARTNERS, LLC will seek out and
( Name of contractor/subcontractor/consultant/supplier)
negotiate with minority and women contractors for the award of
subcontracts.
John F. Roth, III — General Manager
Print Agent/Representative's Name and Title
Instructions: This document MUST be completes
Include or attach this document(s) with the contra
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APPROVED BY
CiTV COUNCIL
FINANCE COMMITTEE REPORT
Date a
April 26, 2004
APPROVAL OF CLAIMS AND PAYROLL VOUCHERS
FINANCE COMMITTEE
COMMITTEE REPORT
April 26, 2004
APPP EDDY -_tea
CiTY COUNCIL
Date �6-aooy�
DATABASE SYSTEMS TECHNICIAN INTERN MODIFICATION
(April 19, 2004)
The Finance Committee recommends concurrence in the staff recommendation to replace the
existing Non -regular position (Database Systems Technician Intern) with an Office Assistant III,
AFSCME grade a05. The position will be designated as full-time Limited term and, with Council
approval, is intended to be funded through December 31, 2005. As a Limited term position the
incumbent (following a recruitment/selecti,on pfoEess) will -be represented by AFSCME, Local 2170.
4,
Denis Law, Vice Chair
s
,h
Toni Nelson, Member
{ ` X'
q3 �
Don Person, Substitute member .,, n'
cc: Fire Chief A. Lee Wheeler
Deputy Chief Art Larson
Deputy Chief Larry Rude
Mary Weirich, Administrative Secretary 11
Mike Wcbby, HR12M AdmIA,
Vic�or�'a. IQunK1e, F�3 Adm:�,
04DBTechFinCommRep.doc\ Rev 01/04 bh
OTY COUNCIL
PUBLIC SAFETY COMMITTEE
COMMITTEE REPORT Date ®.0200
April 26, 2004
Fireworks
(Referred 7[12/1'990)
The topic of controlling fireworks, including an outright ban on fireworks, has been the source of
much public concern, and has been the frequent subject of communications with the Council. The
City Council has taken a good deal of public testimony on this topic and has debated the pros and
cons on banning fireworks within the city limits during the past several years. Recent years have
shown an increasing number of fire -related incidents due to the discharging of both legal and illegal
fireworks.
{` F
There is a second issue that deals with the enforcementof law;
fireworks. The current penalty>for-violation of the city's fii^ew
requires an elaborate legal process Theo Public Safety Commit
fireworks laws a civil infraction will:nakthe'laws easieraand'
carry the punitive effect of a'criminal conviction, and will resu
Violations of State laws prolibting;posseslon and drsclargin
devices, such as firecrackers�and bottle rocke�will continue 1
The Public Safety Committed Aherefore recommends that the C
banning fireworks in the city limits of Renton, with the except
Committee also recommends that the,�Ci'ty'Couneil` adopt anon
fireworks ordinances a civil infraction in the City of Renton, fi
pertaining to the discharging of
;ks_ laws is a misdemeanor and
e�feeIs,that making violations of the
ss expensive to enforce, will not
in more effective enforcement.
ofAangerous and incendiary
be enfmrced as criminal violations.
icil adopt an ordinance
:y-authorized displays. The
making violation of Renton
irks generally known as safe
and sane, and continue the misdemeanor penaltyF`for,all :other fireworks.
Denis Law, Chair
Toni Nelson, Vice-Cha
Dan Clawson, Member
ed. A44orney
chief Lee, (,heeler
Chid Garr AHde.rsor,
3oe, MC Guire., Municipal �ou�t
COMMUNITY SERVICES COMMITTEE
COMMITTEE REPORT
April 26, 2004
2004 Neighborhood Grant Projects
(Referred April, 19, 2004)
QTY COUNCIL '
Date
The Community Services Committee concurs in staff s recommendations to approve the
following grant applications: .
1. Tiffany Park Homeowners' Association, upgrade traffic circles and common area with
perennial flowers and plants, located at Newport Ct. SE, Olympia Ct. SE, SE 16", SE 18th,
SE 19th, and common area on Pierce Avenue; $925.00
2. Ginger Creek Community Association, Continue development of a Pocket Park on.
Seattle. Public Utilities owned right of way in Renton., Area is approximately a quarter of
an acre and is bordered by Puget Drive, Beacon Way SE and 16`" Street, $3,766.17
- 3.. Kennydale Neighborhood Association, installation of an in -ground sprinkler system,
located at Burnett Avenue, N. 36'.Street, and Lake.WashingtonBlvd. Ave., $1,626.00.
".onoftenA-frame si nboards 3 H x 2W4. North Renton Neighborhood') s ocation'constructi
with slide in=out brackets and waterproof protected d erlay, as a means of notification of
neighborhood meetings, events, and picn>cs, $832:32' 4
5. Summerwind,Homeowners' Association, construction of ei ht.A-frame si nboards, 2'H x_2'W,
y
g g
as a mean of notification of neighborhood irieetin s Jevenis and icnics $212.20
g g � ,_ P ,
6. Highlands Community Association, temove 27 dead: and dying trees -and replace with 26
drought-resistant`trees on=Edmonds Place NE, l etweeri NE 12'i' t. and NE Park Dr., $1,481.57 .
The Committee further recommends approval of funding for the following administrative
newsletter applications: ,
1. Falcon"Ridge Homeowners' -Association $437.00 for annual printing expenses for
s
printed and mailed quarterly: newsletter; and
2. Kennydale Neighborhood Association $2;000.00.: for annual printing expenses for a
printed and mailed quart erly,;newsletter; and
3: Tiffany Park Homeowners' Association $89 00 for annual printing expenses for printed
And mailed .quarterly newsletter
Toni Nelson, .Chair
Don Persson; Substitute Member
C: Norma McQuiller
Ben Wolters
Alex Pietsch
CITY OF RENTON, WASHINGTON
RESOLUTION NO. S� F%
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL COOPERATIVE AGREEMENT WITH THE STATE OF
WASHINGTON DEPARTMENT OF COMMUNITY, TRADE, AND
ECONOMIC DEVELOPMENT ENTITLED "PUBLIC WORKS TRUST
FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-04-691-057"
FOR CONSTRUCTION OF THE MAPLEWOOD WATER TREATMENT
IMPROVEMENTS PROJECT.
WHEREAS, the water from wells PW-11, PW-12 and PW-17 needs to be provided with
additional water treatment to comply with WAC 246-290-310 and to improve the water's taste
and odor to an acceptable level; and
WHEREAS, the City of Renton has prepared a design, via a consultant, for a project to
provide the additional treatment required to comply with WAC 246-290-310 and to improve the
water's taste and odor to an acceptable level; and
WHEREAS, the Public Works Trust Fund has agreed to make a construction loan to the
City of Renton; and
WHEREAS, it is necessary to document that loan by means of an agreement entitled
"Public Works Trust Fund Construction Loan Agreement Number PW-04-691-057"; and
WHEREAS, it is in the interest of the citizens of the City of Renton to enter into said
agreement;
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.
1
RESOLUTION NO.
SECTION II. The Mayor and City Clerk are hereby authorized to sign the
agreement entitled "Public Works Trust Fund Construction Loan Agreement Number PW-04-
691-057."
PASSED BY THE CITY COUNCIL this day of
APPROVED BY THE MAYOR this
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1038:4/14/04:ma
Bonnie I. Walton, City Clerk
day of
Kathy Keolker-Wheeler, Mayor
2004.
2004.
2
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING THE 2004 TRANSPORTATION CAPITAL
IMPROVEMENT FUND TO ALLOCATE $2,216,000 IN KING COUNTY
MITIGATION REVENUE TO SPECIFIC PROJECTS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
M.3III]R ElI
SECTION I. The budget appropriation in the Transportation Capital
Improvement Fund will be increased by $2,216,000, bringing the total budget appropriation for
this fund to $10,676,400. Revenue received from King County Mitigation will fund the total
cost of the allocation.
SECTION II. The funds will be appropriated as follows:
Proiect Number Proiect Name
2004 Budget
Increase
317.012175
SR 169(Phase I
$ 1, 200,000
317.012186
Arterial Rehabilitation (Overlay
Edmonds Ave.
200,000
317.000009
Walkway Program
166,000
317.012309
Benson Road Pedestrian
150,000
317.012310
King County Mitigation Reserve
$ 500,000
Total
$ 2,216,000
SECTION III. This ordinance shall be effective upon its passage, approval, and
five days after publication.
PASSED BY THE CITY COUNCIL this day of , 2004.
Bonnie I. Walton, City Clerk
1
ORDINANCE NO.
APPROVED BY THE MAYOR this day of , 2004.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD. 1102:4/12/04:ma
Kathy Keolker-Wheeler, Mayor
2
pv
ao&t� PG a&,- "g
CITY OF RENTON, WASHINGTON
ORDINANCE NO. SO �'/
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING SECTION 4-4-100.H.9.b OF CHAPTER 4, CITY-WIDE
PROPERTY DEVELOPMENT STANDARDS, OF TITLE IV
(DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON, WASHINGTON- TO ALLOW ROOF SIGNS WITHIN THE
CITY CENTER SIGN REGULATIONS AREA SUBJECT TO AN
ADMINISTRATIVE MODIFICATION.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I. Section 4-4-100.H.9.b of Chapter 4, City -Wide Property
Development Standards, of Title IV (Development Standards) of Ordinance No. 4260 entitled
"Code of General Ordinances of the City of Renton, Washington" is hereby amended as follows:
b. Review Criteria: If the Development Services Director determines that the intent
of the proposed sign accomplishes one of the above purposes, the Development Services
Director may grant a modification request provided the proposed sign also meets all of the
following criteria:
i. The modification will not create a significant adverse impact to other
property or improvements in the immediate vicinity of the subject property; and
Chapter; and
ii. The modification will not increase the number of signs allowed by this
iii. The modification will not increase the allowed height or area of any wall,
projecting, awning/canopy/marquee/traditional marquee, or secondary sign by more than twenty
five percent (25%); and
1
ORDINANCE NO.
iv. The modification will not increase the allowed height or area of any
freestanding or ground sign; and
V. The modification does not create a public safety hazard.
SECTION II. This ordinance shall be effective upon its passage, approval, and
30 days after 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.1096:4/2/03:ma
Kathy Keolker-Wheeler, Mayor
0a
A pv-dl y
4-al-0st
-,Illgl2oo� f
�l eU1s /on
EMMQ0011, 0 ��l
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5'6 Zo?
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, arvt°a of
INCREASING THE 2004 BUDGET FOR VARIOUS FUNDS, I"-14c q�{°°i°o
INCREASING THE TOTAL NUMBER OF POSITIONSI�N 2004 AND
INCREASING THE CITY'S RESERVES. by U,
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I. Appropriations in the following Funds are hereby increased. The
purposes are detailed in Attachment A to this Ordinance.
2604 ADIT19TED BUDGET
2004
Original
Carryforward
2004 New
2004
Fund
Budget
Request
Programs
Adjusted Budget
000
$45,437,900
$334,500
$2,670,000
$48,442,400
107
68,700
0
68,700
101
10,270,300
70,500
368,000
10,708,800
103
6,055,400
64,600
335,000
6,455,000
106
1,532,200
4,100
110,000
1,646,300
201
654,300
0
654,300
207
28,900
0
28,900
212
0
0
0
215
1,872,900
0
233,000
2,105,900
Total GG
65,920,600
473,700
3,716,000
70,110,300
102
353,500
0
353,500
104
331,600
500
332,100
110
200,000
0
200,000
118
0
0
0
125
50,000
0
50,000
127
36,600
0
36,600
Table continued on next page.
1
ORDINANCE NO.
Table continued from previous page.
2004 ADJUSTED BUDGET
Fund
2004
Original
Budget
Carryforward
Request
2004 New
Programs
2004
Ad'usted Budget
131
$ 0
$ 0
$
$ 0
213
0
0
0
219
511,500
0
511,500
220
17,300
0
17,300
221
0
0
0
301
1,638,700
101,500
175,000
1,915,200
303
0
0
1,225,000
1,225,000
304
300,000
842,100
1,142,100
305
1,389,300
0
1,389,300
306
576,800
200
300,000
877,000
307
0
1,123,500
1,123,500
316
2,507,000
3,159,400
3,484,000
9,150,400
317
8,460,400
0
8,460,400
401
20,805,900
99,200
20,905,100
402
805,900
990,800
100,000
1,896,700
403
8,718,100
30,700
8,748,800
404
2,288,800
123,200
2,412,000
421
16,830,000
4,011,500
20,841,500
424
320,000
355,400
675,400
451
2,518,400
0
2,518,400
461
0
0
0
471
0
0
0
501
2,520,400
18,500
400,000
2,938,900
502
2,721,300
1,102,500
3,823,800
512
6,296,300
0
6,296,300
601
382,100
0
382,100
Totals
$146,500,500
$12,432,700
$9,400,000
$168,333,200
SECTION II. In addition, the following positions are hereby added to the 2004
Budget:
ORDINANCE NO.
One Program Analyst, Finance and Information Services Department
One Probation Clerk, Court Department
One Fire Fighter, Fire Department
One Assistant Airport Manager, Public Works Department, Airport Division
One-half Secretary II Position, Public Works Department, Airport Division
The actual salary ranges will be determined through the Human Resources' established
process.
SECTION III. This ordinance shall be effective upon its passage, approval, and
30 days after 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.1101:4/20/04:ma
Kathy Keolker-Wheeler, Mayor
3
New Programs
AS OF 4/21 /2004
ATTACHMENT A
000 General Fund
Transfer to Insurance Fund
Anti -Recessionary
General Purposes
REACT - In Reserve
RENSTAT - In Reserve
Reclass Set Aside
Firefighter
IS Project Manager
Probation Assistant
Transfer to Fund 316
Total
1/1/2004 Carry Forwards New Programs Adopted Budget
45,437,900 334,500
75,000
100,000
125,000
100,000
150,000
50,000
35,000
35,000
Parks Maintenance Facility 2,000,000
General Fund Total 45,437,900 334,500 2,670,000 48,442,400
101 Park Fund 10,270,300 70,500
Transfer to Insurance Fund
Anti -Recessionary 50,000
Edlund Maintenance 18,000
Transfer to Fund 306 for Chiller 300,000
Park Fund Total 10,270,300 70,500 368,000 10,708,800
103 Street Fund 6,055,400 64,600
Transfer to Insurance Fund
Anti -Recessionary 10,000
General 325,000
Street Fund Total 6,055,400 64,600 335,000 6,455,000
106 Library Fund 1,532,200 4,100
Transfer to Insurance Fund
Anti -Recessionary 110,000
Library Fund Total 1,532,200 4,100 110,000 1,646,300
215 - Limited Tax Obligation Fund 1,872,900
Transfer to Insurance Fund
Anti -Recessionary
20,000
General Purposes 75,000
Transfer to Fund 316/Gangways 138,000
Fund 215 Total 1,872,900 - 233,000 2,105,900
301 Garage Fund 1,638,700 101,500
Transfer to Insurance Fund
Anti -Recessionary 175,000
Garage Fund Total 1,638,700 101,500 175,000 1,915,200
Page 1 of 2
New Programs AS OF 4/21 /2004
ATTACHMENT A
Total
1/1/2004 Carry Forwards New Programs Adopted Budget
303 Comm Sers Mitigation Fund -
Edlunds Property 1,225,000
Comm Services Mitigation Fund Tots - - 1,225,000 1,225,000
306 Leased City Property Fund 576,800 200
Chiller 300,000
Leased City Property Fund Total 576,800 200 300,000 877,000
316 General Facilities CIP
2,507,000
3,159,400
Gangways
138,000
Museum Storage
25,000
Computers
20,000
Edlund Demolition
87,000
Heather Downs
1,000,000
Restoration to Mitigation Funds
214,000
Reserve for Parks Facility
2,000,000
General CIP Fund Total
2,507,000
3,159,400
3,484,000 9,150,400
402 Airport Fund
805,900
990,800
Airport Plan Study
25,000
Airport Staffing
75,000
Airport Fund Total
805,900
990,800
100,000 1,896,700
501 Equipment Rental
2,520,400
18,500
Fire Engine
400,000
Equipment Rental Fund Total
2,520,400
18,500
400,000 2,938,900
Page 2 of 2
HrR-1J-VY V-J .J7r1� 1.1 1 t VI" WGIYH l y1"1CC 1. VI'il'11J JV 700Y JJJ�7 f . VL
ORDINANCE NO.2003.31
AN ORDINANCE, amending Wenatchee City Code Chapter 7.32 pertaining to motorized foot
scooters.
WHEREAS, the City desires to regulate the use of motorized foot
scooters to enhance the health, safety and welfare of its citizens.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
WENATCHEE DO ORDAIN as follows:
SECTION I
Wenatchee City Code Chapter 7.32.010 "Definitions" shall be amended by adding
the following provision:
"(6) "Motorized foot scooter" means a device with no more than
two 10 inch or smaller diameter wheels that has handle bars, is
designed to be stood or sat upon by the operator, and is powered by
an internal combustion engine or electric motor that is capable of
propelling the device with or without human propulsion."
SECTION H
Wenatchee City Code Chapter 7.32 shall be amended by adding the following
provision:
ORDINANCE NO. 2003-31
Page 1.
1
"7.32.040 Motorized Foot Scooters.
(1) No person may drive a motorized foot s000ter on
public right-of-way unless such person has a valid driver's license
of any class issued by the State of the person's residence.
(2) It is unlawful to operate or ride a motorized foot
scooter upon any sidewalk within the City of Wenatchee.
(3) Every motorized foot scooter upon a public way
within the City of Wenatchee at any time from a half hour after
sunset to a half hour before sunrise and at any other time when,
due to insufficient light or unfavorable atmospheric conditions,
persons and vehicles on the public way are not clearly discernable
at a distance of 1,000 feet ahead shall display a lighted headlight,
lighted stop light, lighted turn signals, and at least two illuminating
reflectors.
(4) Operation of a motorized foot scooter without a
muffling device, or operation with a modified muffling device is
unlawful."
SECTION III
Wenatchee City Code Chapter 7.32.040 "Violation — Penalty" shall be
renumbered as WCC 7.32,050 and shall read as follows:
"Any person violating any provision of WCC 7,32.010
through 7,32,040 shall be guilty of an infraction and shall be
punished by the imposition of a monetary penalty of not more than
ORDINANCE NO.2003-31
Page 1.
$50.00; further, the device ridden at the time of the violation shall
be subject to impound by the City for a period of ten (10) days."
PASSED BY THE CITY . COUNCIL OF THE CITY OF
WENATCHEE, at a regular meeting thereof, this day of , 2003.
CITY OF WENATCHEE, a Municipal
Corporation
B,
Y:
DENNIS JOHN X. Mayor
ATTEST:
By
VICKI REISTER, City Clerk
APPROVED:
By:
JAMES B. DREWELOW, City Attorney
FALiNDAC1C MORDMANCES12003.3)
ORDINANCE NO. 2003=31
Page 3.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PUYALLUP,
WASHINGTON, amending Chapter 10.82 of the Puyallup
Municipal Code to regulate the use of motorized foot scooters
within the city limits by establishing a minimum age requirement
for operators, limiting and/or prohibiting motorized foot scooter
use on sidewalks, streets, and in parks, and requiring operators to
wear helmets and operate such vehicles safely. I
WHEREAS, the City Council of the City of Puyallud
k
regarding the current unregulated use of motorized foot scoote .
WHEREAS, Revised Code of Washington (R6.61.7
motorized foot scooters upon the highways of the state. wed for
or otherwise regulate the use of such vehicles; and
WHEREAS, citizens of Puyallup havefex`
manner motorized foot scooters may lawfully be opera
WHEREAS, unregulated opera of motorized
and sidewalks increases risk of accidents to motor
or pedestrian traffic, and/or damage to pro ,
WHEREAS, shared use of
increases risk of injury all
alternative to motor v c e 't
goals, and therefor use el
limited as much as is nr 1: an _
Central
bus'
the
FF $
than wheelcha
and impairs the
identified such are
within such areas;
the following findings
city limits:
authorized use of
risdictions to limit
over whe , d in what
upon the City's streets
:ors and other vehicular
idewa b e""d¢ ' d motorized vehicular traffic
users a duces esirability of foot traffic as an
n the Ci which is contrary to the City's stated policy
torized an onmotorized traffic on sidewalks should be
'i p"�t 'ted vehicular traffic upon sidewalks in the
to a ge foot traffic and the frequenting of shops and other
t, the roving the cultural, aesthetic, and financial health of
Jdedof
previously found that operation of any motorized vehicle, other
ithin parks and other similarly designated areas, is undesirable
such areas as retreats from urban stress, and has therefore
torized corridors" and prohibited the use of motorized vehicles
WHEREAS, RCW 46.61.710 does not establish minimum age or training requirements
for operation of a motorized foot scooter, which creates great risk of injury and/or property
damage caused by untrained operators and/or youthful operators who lack sufficient judgment to
safely operate a motorized vehicle upon public streets; and
WHEREAS, RCW 46.61.710 does not make use of helmets mandatory for motorized
foot scooter operators, although the risk of serious injury for operators who do not wear a helmet
is clearly at least as great as for bicyclists who do not wear a helmet, and the City has previously
found this danger great enough to require bicyclists to wear helmets;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PUYALLUP,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Amended Chapter. Chapter 10.82 of the Puyallup Municipal Code is hereby
amended to read as follows:
Chapter 10.82 SKATEBOARDS; -ROLLER SKATES,
MOTORIZED FOOT SCOOTERS, AND SIMILAR D
Sections:
10.82.010 Definitions.
10.82.020 Duty to obey traffic -control devices and
10.82.030 Unsafe use prohibited.
10.82.040 Prohibited areas.
10.82.052 Requirements for operating motorized
10.82.060 Violations — Penalty.
10.82.010 Definitions.
The following words and phrases w
chapter, have the meanings respectively as
(1) "Skateboard" has its ordinary meanin .
wheels and is usually propelled by the user
device while it is in moti
(2) "Roller skates' its o meaning
of wheels, and is ro by the u
wheels and co �dby
usually anae„e'er
s4 •n.
t ' <.
in this
in this
.SKATES,.__
for the purpose of this
'mounted upon four or more
sits, kneels or lays upon the
means a pair of shoes, mounted upon two sets
oaw ,upright, standing position or kneeling.
s a footboard mounted upon two or more
[dle. This device is propelled by the user in
(4) ' ne skates is or meaning and means a pair of shoes or boots, mounted
upo A or more sets eels one behind the other under the attached shoe or boot,
and is m en propelle a us an upright, standing position.
(5) "Mo d foot scoot is a device with no more than two ten -inch or smaller diameter
wheels that ebars, ' esigned to be stood or sat upon by the operator, and is powered
by an internal co lion ine or electric motor that is capable of propelling the device with
or without human p .(6) "To operate in a negligent manner" means the operation of one
or more of the above ribed devices in such a manner as to endanger or be likely to endanger
any person or prope . Examples of operating in a negligent manner include, but are not limited
to, failure to obey all traffic -control devices, failure to yield right-of-way to pedestrians and/or
vehicular traffic.
10.82.020 Duty to obey traffic -control devices and rules of the road.
Any person operating a skateboard, roller skates, coaster, in -line skates, motorized foot
scooter, or similar device shall obey all. rules of the road applicable to vehicle or pedestrian
traffic, as well as the instructions of official traffic -control signals, signs and other control
devices applicable to vehicles, unless otherwise directed by a police officer.
Amend PMC 10.82
Motorized Foot Scooters
Page 2 Of 4
10.82.030 Unsafe use prohibited.
No skateboard, roller skates, coaster, in -line skates, motorized foot scooter, or similar device
shall be ridden in a negligent or unsafe manner but shall be operated with reasonable regard for
the safety of the operator and other persons.
10.82.040 Prohibited areas.
(a) Central Business District. It is unlawful for any person to operate or ride upon any
skateboard, roller skates, coaster, in -line skates, motorized foot scooter or similar device upon
any street, alley, sidewalk, park or publicly owned parking lot in the tral business district of
the city of Puyallup as described in PMC 10.08.020 and as del', e fin the map designated
Exhibit A, attached to and incorporated in the ordinance codifie s chapter.
(b) Parks, sidewalks, and streets with a maximum spe. -a �. _-ove 25 miles per hour
prohibited to motorized foot scooters. Pursuant to PMC 1
motorized vehicles are prohibited from city parks and .
except for use of wheelchair conveyances. Motor'
being operated on sidewalks within the City limit on
speed limit greater than 25 miles per hour.
(c) Exceptions. This section shall not apply to any d
conveyance as defined in RCW 46.04.710, strollers used
equipment.
10.82.052 Requirements for operating
(a) Minimum age. No motorized foot
areas not otherwise prohibited by this chi
least fourteen years of age erator'
to operate a motorized ' sc
scooters and other
rffihiked "no A,torized corridors,"
foot scooters are ' & prohibited from
any 'ty street with a maximum
{> < rso using a whe lchair
t sport small children, or city
streets or other public
)oters unless the operator is at
the Department of Licensing
(b) Helmet and re s. The wing equip nt shall be required whenever a motorized
foot scooter is ope to eets other public p , - within the city:
(1) Helmet require , ; era g a motorized foot scooter or riding as a
passenger o Rof a ed er upon any public area in the city of Puyallup
shall we appro et d ed for safety that meets or exceeds the standards adopted in
PMC 2.020(3), an hav I a neck or chin strap of the helmet fastened securely
whi torized foot s er is in tion. No person shall transport another person on or in
tow of a ed foot sco upo any public area in the jurisdiction of the city of Puyallup,
unless the pa gter is we a helmet that meets the requirements of this chapter. A parent or
guardian is resp • le for uiring that a child under the age of 18 years wears an approved
helmet while opera r g as a passenger on a motorized foot scooter in any public area in
the city of Puyallup, s the neck or chin strap of the helmet fastened securely.
(2) Reflector equired. Pursuant to RCW 46.04(9), a motorized foot scooter must be
affixed with visible reflectors of a type approved by the Washington State Patrol whenever the
vehicle is operated at any time between one-half hour after sunset until one-half hour before
dawn.
10.82.060 Violation — Penalty.
Any person violating any provision of this chapter shall be guilty of a traffic infraction and
shall be punished by the imposition of a monetary penalty of not more than $$250, exclusive of
statutory assessments, provided, conduct that constitutes a criminal traffic offense may be
Amend PMC 10.82
Motorized Foot Scooters
Page 3 Of 4
charged as such and is subject to the maximum penalties allowed for such offenses. Community
service hours may be imposed in lieu of a monetary penalty. (Ord. 2625 § 1, 1999).
Section 2. Publication. A summary of this ordinance shall be published as required by
law.
Section 3. Severability. If any one or more sections, subsections, or sentences of this
ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of
the remaining portion of this ordinance and the same shall remain in fuorce and effect.
Section 4. Effective date. This ordinance shall be in full . e an&effect five days after
publication as required by law.
DATED this day of
Kathy R.
Amend PMC 10.82
Motorized Foot Scooters
Page 4 Of 4
o� wrtk, CITY OF KIRKLAND
a & 0 Department of Public Works
t c? 123 Fifth Avenue, Kirkland, WA 98033 425.828.1243
ON""'C9, www.ci.kirkland.wa.us
MEMORANDUM
To: Transportation Commission
From: Elaine Borjeson, Engineering Analyst
Jim A. Arndt,' P.E., Public Works Director
Date: January 22, 2004
Subject: MOTORIZED SCOOTER REPORT
SUMMARY:
At the August meeting of the Transportation Commission, Sgt. Ursino of the Kirkland Police Department
asked the Commission to review the possibility of limiting scooter use in Kirkland. Subsequently, the topic
was placed on the Commission's 2004 work plan. This report outlines recent scooter related legislation,
the response of some nearby cities and the actions of selected cities in Oregon and California. It also
offers the Commission options for legislative action and staff recommendations. The Commission should""
recommend proposed limitations to the City Council.
Effective August 1, 2003, the State legislature changed RCW 46.04 to define motorized scooters and
outline their legal use in Washington. The legislation is available at
ham://www.leg.wa.gov/pub/billinfo/2003-04/Senate/5750-5774/5770-s a pdf Motorized scooters now have
the same highway access as bicycles and can be operated on multi purpose trails or in bicycle lanes.
Subsection (5) of RCW 46.61.710 says local jurisdictions may restrict or limit access of motorized
scooters, and state agencies may regulate their use on facilities and properties under state jurisdiction and
control. Cities may not override state laws and prohibit use of the scooters in areas where the state
specifically allows them. Motorized scooters may not be operated on bicycle paths or trails built or
maintained with federal highway transportation funds.
The scooters are promoted by their manufacturers and consumer advocates as an environmentally
friendly, fuel efficient, inexpensive, portable and fun mode of transportation that can be used on existing
city infrastructure. Opponents of the scooters cite noise and safety as their major concerns. They claim
motorized scooters do not mix well with pedestrians and bicyclists and are often operated at speeds in
excess of the youthful driver's skill level. Finally, the 2-cycle engines which power most scooters are
anything but environmentally friendly. The majority of cities contacted for this report do not have pending
legislation related to these scooters (Seattle is the exception), but their bias favored pedestrians over the
scooter operator in all cases.
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Memorandum to Transportation Commission
1/16/2004
Page 2 of 5
DEFINITION OF MOTORIZED SCOOTER:
motorized scooter is a skateboard type device with handlebars, two small
diameter wheels, and an internal combustion or electric motor that is designed to
stood or sat upon by the operator and not to exceed speeds greater than 25
'H. The most common motorized scooter is powered by a two-cycle engine
nilar to a gas powered blower. A common brand name is Goped® manufactured
Patmont Motor Werks (PMW) in Livermore, California. PMW has been
inufacturing versions of the Goped® since 1985, and they market it as an
vironmentally friendly, portable, personal transportation device achieving 200
les per gallon fuel efficiency. However, the Goped® website:
p://www.goped.com/ indicates their customer base may be primarily extreme
enthusiasts rather than the average urban commuter.
The Revised Code of Washington Chapter 46.04.336 defines the motorized foot scooter as "a device with
no more than two ten -inch or smaller diameter wheels that has handlebars, is designed to be stood or sat
upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of
propelling the device with or without human propulsion. For purposes of this section, a motor -driven cycle,
a moped, an electric -assisted bicycle, or a motorcycle is not a motorized foot scooter."
REGULATION IN NEIGHBORING CITIES:
■ Bellevue — According to the Transportation Department there is no pending legislation in
committee at this time. The Bellevue Police Public Information Officer forwarded a recent
Traffic Unit Training Bulletin stating: "The Motorized Foot Scooter is now legal in the state.
They should be treated just like a bicycle in that they can be operated on a limited access
highway (where permitted), the roadway, bike lanes, and trail or paths. If they do not have
reflectors that have been approved by the State Patrol then their operation is restricted to
1/2 hour after sunset to 1/2 hour before sunrise."
■ Redmond — The Transportation Services Manager states Redmond has no plans at this
time to prohibit or allow motorized scooters in their city. They are interested in the
conclusions of the Kirkland Transportation Commission.
■ Bothell — The Transportation Manager said Bothell has taken no position regarding
motorized scooters at this time.
■ Seattle — An ordinance is on its way to Council within the next two weeks. It is pedestrian
oriented and conservative in approach. Drafting the ordinance has been a six month
process and will include wording to cover the Segway device as well as motorized scooters
according to the Senior Executive Assistant with the Seattle Department of Transportation.
Seattle is not willing to release the ordinance to us at this time.
■ Wenatchee — Ordinance No. 2003 - 31 was passed on November 13, 2003 requiring
the operator to have a valid driver's license, prohibiting scooter use upon any sidewalk in
the City, requiring headlights, turn signals, reflectors if driving after sunset, and requiring a
muffler. Violations are punishable by a $50 fine and impounding the scooter for 10 days.
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Municipal Research and Services Center of Washington (MRSC) — According to
MRSC, there have been three inquiries in the past seven months pertaining to motorized
foot scooters. The City Attorney in Stanwood asked if a city could enact a moratorium to
delay the effective date of new state legislation legalizing motorized foot scooters
throughout the state. The reply was "a city cannot override a state law and prohibit use of
motor foot scooters in areas where the state specifically allows them to be utilized.
However, the city probably could add some safety requirements, such as a helmet
requirement for riders and passengers." The second inquiry was from a police officer in
Mill Creek asking for information on motorized scooter legislation. The August 1, 2003
legislation was cited (chapter 353, Laws of 2003, ESB 5450). The following website link
was also given: http://www.leg.wa.gov/pub/billinfo/2003-04/Senate/5450
5474/5450 DI 04272003.txt. We believe that this legislation is more germane to Segway
scooters. The last question was from a police sergeant in Des Moines requesting sample
ordinances restricting motorized scooters. The reply from MRSC dated 9/ 18/03 was "we
have not received any ordinances regulating motorized scooters." It continued, "I
discussed your question with one of our legal consultants. Evidently, a city is limited in
what it can do to regulate or restrict motorized scooters."
MOTORIZED SCOOTER REGULATION IN CITIES OUTSIDE WASHINGTON:
LOCATION
AGE/LICENSING
WHERE TO RIDE
TIME OF DAY
REQUIRED
REQUIREMENTS
SAFETY GEAR
Eugene, OR
16 yrs old
15 mph speed
Must use lights at
Helmet
limit on scooter,
night
may be ridden on
street with speed
limit < 25 mph,
not on sidewalks
or park paths
Anaheim, CA
16 yrs old
Street with speed
No limit, lighting
Bicycle helmet,
limit < 25 mph,
and reflector
braked wheel
not on sidewalks
requirements if
driven at night
Stockton, CA
16 yrs old,
Class II bike lane,
Not addressed
Bicycle helmet
operator must
street with speed
have valid
limit < 25 mph,
driver's license
not on sidewalks
Ventura, CA
16 yrs old
Class II bike lane,
Not addressed
Bicycle helmet if
street with speed
under age of 18,
limit < 25 mph,
must have brakes
not on sidewalks
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Memorandum to Transportation Commission
1/16/2004
Page 4 of 5
LOCATION
AGE/LICENSING
REQUIREMENTS
WHERE TO RIDE
TIME OF DAY
REQUIRED
SAFETY GEAR
Modesto, CA
16 yrs old
Class II bike lane,
No limit, lighting
Bicycle helmet,
street with speed
and reflector
must have brakes
limit < 25 mph,
requirements if
not on sidewalks,
driven at night
Banned from
parks and trails
- -- -.
as of —
--
--
12 11 2003
Glendora, CA
16 yrs old
. Street with speed
Not addressed
Bicycle Helmet
limit < 25 mph,
not on sidewalks
NEWS MEDIA COVERAGE OF MOTORIZED SCOOTERS:
As motorized scooters have become more popular, due in part to their price dropping below $200 in some
cases, they have drawn has been increased media attention. During the recent holidays, parents were
cautioned to know their local regulations before purchasing motorized scooters for their children. A
common theme in the news involves police departments receiving complaints from residents about noisy
scooters tearing through their neighborhood, or young children operating scooters faster than their riding
skill allows. The US Consumer Product Safety Commission recorded 5,900 injuries treated in emergency.,
rooms because of motorized scooter use in 2002. That number is expected to rise as the popularity of the
scooter increases and the price drops.
OPTIONS/RECOMMENDATIONS:
There are several areas where the Commission could make recommendations that would further restrict
the use of scooters and they are outlined below. The City Attorney's office is researching the latitude the
Commission has in pursuing limitations to scooter operation. This information should be available prior to
the Commission meeting on the 28. It is clear that the Attorney's opinion will have an important effect on
the restrictions that the Commission may want to recommend to Council. Also, some of the restrictions
may be difficult or impractical to enforce. Note that it is not possible to restrict the use in ways that are
specifically allowed by state law. For example, State Law specifically states that motorized scooters do not
have to be registered and do not require operators to have a license. We do not believe it is possible for
the local law to contradict these provisions. In light of this the preliminary opinion of the City Attorney is
that some of Wenatchee's regulations may not successfully withstand a court challenge. State law
specifically allows local jurisdictions to regulate where scooters are allowed to operate. It does seem
reasonable, for example that Kirkland could limit scooters to streets with a speed limit of 25 MPH or less.
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Memorandum to Transportation Commission
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Area of restriction
Current Law
Options shown below may be combined
Age of operator
Any
Greater than 13
Greater than 16
Required equipment
None
Helmets
Lights and
Brakes
reflectors: during
hours of
darkness
Location of operation
Not allowed on
Streets <25
not allowed in
shared use trails
MPH
parks and on
or paths built or
sidewalks
maintained with
Federal Highway
Funds.
Preliminary recommendations from the Kirkland Police Department include limiting the use of motorized
scooters to operators with a minimum age of 13, to roads with speed limits less than 25 mph, and
prohibiting use on sidewalks or inside park boundaries.
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04 "' ^�4 CITY OF KIRKLAND
6,49 o Department of Public Works
4 0� 123 Fifth Avenue, Kirkland, WA 98033 425.828.1243
�'hfN04 www.ci.kirkland.wa.us
MEMORANDUM
To: Transportation Commission
From: David Godfrey, P.E., Transportation Engineering Manager
Jim A. Arndt, P.E., Public Works Director
Date: February 20, 2004
Subject: Motorized Scooters
At its January meeting, the Commission proposed that four restrictions be placed on motorized scooters:
1. Scooters may not operate on sidewalks, within parks, or on streets with a speed limit greater than 25 MPH.
2. Scooters may only operate from 1/2 hour before sunrise to 1/2 hour after sunset.
3. Scooters may be operated only by persons 13 years of age or older. Operators must carry proof of age.
4. Scooter operators must wear a helmet.
The City Attorney has researched the recent legislation regarding motorized scooters and feels comfortable with restrictions
1, and 4. Since state law specifically allows operation of scooters during darkness with reflectors, it is suggested that
restriction 2 be changed. The Attorney's office feels comfortable with a regulation that would require lights during hours of
darkness. If an ordinance is prepared with restriction 3, the exact nature of the proof of age that is to be carried will have to
be specified. This specification might require that the identification include a photograph and be granted by an appropriate
authority.
As with any new legislation that has not been tested in the courts, it is possible that the proposed restrictions will be
challenged and found unenforceable, but again, the City Attorney feels comfortable that they are appropriate.
Staff proposes the following course of action:
1. Commission finalized desired restrictions and decides whether or not to support preparation of an ordinance
containing those restrictions.
2. Staff forwards Commission's recommendations to the City Council.
3. If the Council agrees that an ordinance should be prepared, staff will prepare the ordinance for Council
consideration. Otherwise, no action will be taken.
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Print Version
Page 1 of 2
Buckley residents to find no respite from foot scooters
By Jessica Keller, The Courier -Herald
Print Page
Motorized foot scooters may be a nuisance, but Buckley city officials have found their hands tied when attempting to regulate
them.
City staff and City Council members on the Public Safety Committee have been addressing the concerns of 17 Buckley
residents, who signed a petition asking the city to regulate the motorized scooters.
The petition requested the city of Buckley adopt a 24-hour noise limit on gas powered motorized scooters.
4
Some of the reasons listed on the petition were: riders are younger than 16; riders are racing scooters using both lanes of the
road; riders are not stopping at stop signs; they are out at night with no lights; they are traveling fast with no protective head
gear; they don't have licenses or insurance; city streets are being used for a playground; and scooters will only get increasingly
popular.
The complaints originated about kids riding motorized scooters in neighborhoods around Mason Avenue.
But after looking into the issue, and what recourse the city may have, city officials admitted their hands are tied by state laws.
In general, motorized foot scooters have access and can be ridden on roadways to the same extent as bicycles, state law
says. Also according to state law: a motorized foot scooter is not required to have a vehicle registration or display license
plates; no driver's license is required to operate a motorized foot scooter, and there are no age requirements for operating
them. Motorized foot scooters, however, may not be operated at any time from a half hour after sunset to a half hour before
sunrise without a type of reflector approved by the Washington State Patrol. Cities also can't regulate or place requirements on
the mufflers on any motorized foot scooters.
Police Chief Jim Arsanto said two issues are involved dealing with the scooters. A safety issue has been raised, especially
because helmets are not required in Pierce County or in Buckley. The other issue is noise, which has irritated a lot of Buckley
residents, as the scooters can be very loud.
"It's like somebody constantly running a Weed Eater outside your window all day," he said.
But until state law is changed to regulate the motorized foot scooters, and give cities the jurisdiction to regulate them, there is
nothing he or his officers can do, Arsanto said, except to make sure drivers of the scooters are abiding by traffic laws, and not
riding them on sidewalks.
Arsanto said he was hoping an act being looked at by the Legislature, which would have regulated motorized foot scooters
even more was going to be passed, but it was legislators did not vote on it before the session closed.
What this means, City Administrator Dave Schmidt said, was Buckley can only continue to regulate certain things.
Other cities in Washington, such as Lake Stevens and Wenatchee, have passed ordinances regulating the scooters, but
Buckley attorney Duncan Wilson did not think Buckley should pass its own until state law could be used to back the ordinance,
Schmidt said.
He said the city can regulate 11 things for the foot scooters, which essentially apply to bicycles as well. The city can regulate
the access of the scooters to trails, prohibit them from sidewalks and require riders to obey all traffic laws and hand signals.
The city can prohibit scooters from carrying passengers or items on the handlebars that restrict the ability to drive; also, the
city can require that scooters be equipped with front and back lights and brakes.
With those limitations placed on the city, Councilman Ron Weigelt, who is the chairman of the Public Safety Committee, said
hq://www.courierherald.com/articles/2004/03/31/news/news3.prt 4/15/2004
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all the city can do at this time is send a letter to each of the citizens concerned about the scooters who signed the petition. He
also said a letter can be drafted from the city sent to legislators voicing support for new legislation regulating motorized foot
scooters and granting cities the authority to carry out restrictions.
http://www.courierherald.com/articles/2004/03/31 /news/news3.prt
4/15/2004
CITY OF LAKE STEVENS
LAKE STEVENS, WASHINGTON
' ORDINANCE NO. 688
AN ORDINANCE AMENDING ORDINANCE NO. 623 AND PORTIONS OF TITLE 7,
VEHICLES AND TRAFFIC, RELATING TO THE INCLUSION OF MOTORIZED FOOT
SCOOTERS
WHEREAS, effective August 01, 2003, Senate Bill 5450 authorized the operation of motorized
foot scooters on public roadways; and
WHEREAS, Senate Bill 5450 allows local jurisdictions to further regulate,..restrict, and limit
the operation of motorized foot scooters through resolution or ordinance: and
WHEREAS, the City of Lake Stevens is concerned about traffic and pedestrian safety, as well
as the safety of all its citizens.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE STEVENS DO
ORDAIN AS FOLLOWS:
Section. 1. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.04.010,
Definitions, are hereby amended to read as follows:
7.04.010 Definitions:
A. Abandoned Vehicle. An "Abandoned Vehicle" is:
I. Any vehicle which remains unmoved on a public roadway or publicly owned property in excess of
seventy-two (72) consecutive hours; or
2.Any vehicle having the appearance of an abandoned or inoperable vehicle, by having
characteristics that include but are not limited to flat tire(s), broken windshield, extensive body
damage, rusted, partially dismantled, wrecked, inoperative, expired tabs or accumulation of natural
debris on or around the vehicle.
B. Bicycle. Any non -motorized, pedal powered vehicle or any primarily pedal powered vehicle with an
engine of no more than two gross brake horsepower.
C. Collector Street. A collector street is a street which carries traffic from minor streets to the major
system of arterial streets and highways.
D. Major Street. A major street is an arterial street or road which has continuity and which serves as a
collector and a distributor of traffic. Its major use is for fast, through traffic.
E. Minor Street. A minor street is supplementary to a major street, such as a wide street, loop street or
cul-de-sac.
F. Motorized Foot Scooter. A device with no more than two ten -inch or smaller diameter wheels that
has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal
combustion engine or electric motor that is capable of propelling the device with or without human
propulsion.
Ordinance No. 688
G. Park, Parked, or Parking. "Park, Parked or Parking" means the standing, storing or leaving of a
vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers.
H. Pedestrian Way. A right-of-way dedicated to public use, ten feet or more in width, which cuts across
a block to facilitate pedestrian access to adjacent street and properties.
I. Registered Owner. The "Owner" of a vehicle is the current registered owner. The owner is presumed
liable for any violations and expenses unless:
I. There is a report of sale on the vehicle;
2.The vehicle is reported stolen or taken without permission; or
3.The current actual owner can be identified and located, and ownership verified.
J. Road Closure. "Road Closure" means any public street, roadway, bridge or area to be traveled -by -
vehicles that is restricted as to all vehicles or any class of vehicles for any period of time.
K. Sidewalk. "Sidewalk" or "Walkway" means that property between the curb lines or the lateral lines
of a roadway and the adjacent property set aside, or identified as such, and intended for the use of
pedestrians or a means of conveyance propelled by human power.
L. Street road. A right-of-way, dedicated to public use, which provides vehicular and pedestrian access
to adjacent properties.
M. Skate. Any wheeled, recreational object designed to propel the person using that object, which
includes but is not limited to; skateboards, roller skates, in -line skates or scooters.
N. User. Any person riding a "bicycle" or "skate".
O. Vehicle. The term "vehicle" as used shall mean all instrumentalities capable of movement by means
of circular wheels, skids or runners of any kind, along roadways or paths or other ways of any kind,
specifically including, but not limited to, all forms of automotive vehicles, buses, trucks, cars,
motorcycles, motorized go-carts, motorized scooters, and vans, all forms of trailers or mobile homes
of any size whether capable of supplying their own motive power or not, without regard to whether'..
the primary purpose of which instrumentality is or is not the conveyance of persons or objects, and
specifically including all such automobiles, buses, trucks, cars, vans, trailers, and mobile homes even
though they may be at any time immobilized in any way and for any period of time of whatever
duration.
P. Wheeled Recreational Device. Any wheeled recreational object designed to propel the person using
that object, which includes but is not limited to bikes, skates, skateboards, scooters, motorized foot
scooters, whether powered by hand, foot, pedal power, gas or electric engine.
Section 2. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.010, Purpose, are
hereby amended to read as follows:
7.36.010 Purpose. The City of Lake Stevens has created this Chapter to assist in protecting the public
from harm, and to establish a uniform policy for the proper use of public rights -of -way by any wheeled
recreational device and for the enforcement of violations.
Section 3. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.030, Rules of
the Road are hereby amended to read as follows:
7.36.030 Rules of the Road. Any "user" that enters or travels on a public right-of-way must comply with
all rules of the road set forth in WAC 308.330.
Every bicycle and motorized foot scooter when in use during the hours of darkness as defined in
RCW 46.37.020 shall be equipped with a lamp on the front which shall emit a white light visible
Ordinance No. 688 2
from a distance of at least five hundred feet to the front and with a red reflector on the rear of a
type approved by the state patrol which shall be visible from all distances up to six hundred feet
to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp
emitting a red light visible from a distance of five hundred feet to the rear may be used in
addition to the red reflector. A light -emitting diode flashing taillight visible from a distance of five
hundred feet to the rear may also be used in addition to the red reflector.
Section 4. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.060, Unsafe or
Reckless Operation of a Bicycle Prohibited, are hereby amended to read as follows:
7.36.060 Unsafe or Reckless Operation of a Wheeled Recreational Device Prohibited. It is unlawful to
operate a wheeled recreational device on a public roadway, sidewalk, or on public property in a careless
or reckless manner which could cause harm to the user, other persons or to property.
Section 5. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.070, Voluntary
Bicycle and Skate Registration, is hereby amended to read as follows:
7.36.070 Voluntary Bicycle, Skate and Motorized Foot Scooters Registration. The Lake Stevens Police
Department shall offer voluntary bicycle, skate and motorized foot scooters registration for the purpose
of locating found property, inspecting equipment for safety, and promoting safe use.
A. The registration shall include issuance of sequentially numbered decals to be located on the main
frame of the bicycle or in an appropriate location on the skate or motorized foot scooter and the
Police Department will maintain a file of all pertinent information about the bike, skate or motorized
foot scooter. A registration fee may be set by resolution. - ..
B. It is unlawful to give false statements of ownership of a bicycle, skate or motorized foot scooter on a
registration, or to alter or mutilate a registration decal.
C. The registration fee shall be used for bicycle, skate or motorized foot scooter safety programs.
Section 6. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.080, Removal of
Factory Installed Braking Equipment, are hereby amended to read as follows:
7.36.080 Removal of Factory Installed Braking Equipment. It is unlawful to operate on a public
roadway or on public property a bicycle, skate or motorized foot scooter, which has had factory installed
brakes removed or altered to the extent that the braking device is ineffective.
Section 7. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.090, Helmets
Required, are hereby amended to read as follows:
7.36.090 Helmets Required. A minor child riding a wheeled recreational device on publicly owned
property or right-of-way shall wear a protective helmet that meets or exceeds the requirements of
standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation, or a
subsequent nationally recognized standard for helmet performance as the city may adopt. The helmet
shall be worn over the head and equipped with either a neck or chinstrap that shall be fastened securely
while the wheeled recreational device is in motion.
Section 8. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.110, Alternative
Penalty for Minor Children, are hereby amended to read as follows:
Ordinance No. 688 3
7.36.110 Alternative Penalty_ for Minor Children. In lieu of the penalty described above, any Lake
Stevens Police Officer may, in their discretion, utilize the following penalty provision for violations by
minor children. For purposes of this section, the City Council of the City of Lake Stevens hereby finds
that there is a compelling governmental interest in imposing the following discretionary penalty section
for minor children, in order to encourage parental intervention and responsibility for the violations of the
minor children. The City further finds that impoundment is more likely to prevent repeat offenses by
minors than the imposition of monetary penalties.
1st offense: On the child's first offense in a 365-day period, the City shall issue a written warning
and notification of the child's parent or guardian of the violation.
2nd offense: On the child's second offense in a 365-day period, the City shall issue a written notice
of violation and the investigating officer may take custody of the bicycle or skate(s) and hold for
safekeeping until the child's parent or guardian claims the bicycle or skate(s).
3rd and subsequent offense(s): On the child's third offense in a 365-day period, the City shall
include a civil fine, not to exceed $47.00. The arresting officer may take custody of the bicycle, skate(s)
or motorized foot scooter and hold for safekeeping for thirty (30) days. An officer or their superior may
waive the imposed civil fine and/or impoundment if the parent and child agree to attendance and
completion of a bicycle/skating safety course by the child offered by the Lake Stevens Police
Department.
Section 9. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.120, Forfeiture
of a Bicycle or Skate(s), are hereby amended to read as follows:
7.36.120 Forfeiture of a Bicycle, Skate(s), or Motorized Foot Scooter. As authorized by 308.330.565
WAC and RCW 63.32, impounded bicycles, skates or motorized foot scooter may be forfeited to the
Lake Stevens Police Department if unclaimed within sixty (60) days of the impound.
Section 10. Effective Date and Publication. A summary of this ordinance consisting of its title
shall be published in the official newspaper of the City. This ordinance shall take effect and be in force
five (5) days after the date of publication.
PASSED by the City Council of the City of Lake Stevens this 22nd day of December
)2003.
Lynn E. Walty, Mayor
ATTEST/AUTHENTICATION:
Norma J. Scott, City Clerk
Ordinance No. 688 4
APPROVED AS TO FORM:
Jeffrey Goodwin, City Attorney
First and Final Reading: December 22, 2003
Published: December 31, 2003
Effective Date: January 5, 2004
Ordinance No. 688 5
CITY OF LAKE STEVENS
LAKE STEVENS, WASHINGTON
ORDINANCE NO. 688
AN ORDINANCE AMENDING ORDINANCE NO. 623 AND PORTIONS OF TITLE 7,
VEHICLES AND TRAFFIC, RELATING TO THE INCLUSION OF MOTORIZED FOOT
SCOOTERS
WHEREAS, effective August 01, 2003, Senate Bill 5450 authorized the operation of motorized
foot scooters on public roadways; and
—WHEREAS, —Senate Bill 5450 allows lo—caI-jurisdictions to further regulaie, restrict; and limit -- - -- -- - the operation of motorized foot scooters through resolution or ordinance: and
WHEREAS, the City of Lake Stevens is concerned about traffic and pedestrian safety, as well
as the safety of all its citizens.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE STEVENS DO
ORDAIN AS FOLLOWS: .
Section. 1. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.04.010,
Definitions, are hereby amended to read as follows:
7.04.010 Definitions:
A. Abandoned Vehicle. An "Abandoned Vehicle" is:
I. Any vehicle which remains unmoved on a public roadway or publicly owned property in excess of
seventy-two (72) consecutive hours; or
2.Any vehicle having the appearance of an abandoned or inoperable vehicle, by having
characteristics that include but are not limited to flat tire(s), broken windshield, extensive body
damage, rusted, partially dismantled, wrecked, inoperative, expired tabs or accumulation of natural
debris on or around the vehicle.
B. Bicycle. Any non -motorized, pedal powered vehicle or any primarily pedal powered vehicle with an T Deleted: peddle
engine of no more than two gross brake horsepower. Deleted: peddle
C. Collector Street. A collector street is a street which carries traffic from minor streets to the major
system of arterial streets and highways.
D. •Maior Street. A major.street is an arterial street or road which has continuity and which serves as a
collector and a distributor of traffic. Its major use is for fast, through traffic.
E. Minor Street. A minor street is supplementary to a major street, such as a wide street, loop street or
cul-de-sac.
F. Motorized Foot Scooter. A device with no more than two ten -inch or smaller diameter wheels that
has handlebars, is designed to be stood or sat upon -by the operator, and is powered by an internal
combustion engine or electric motor that is capable of propelling the device with or without human Deleted: Motorized scooters are
propulsionconsidered a motor vehicle under RCW
46.04.320 and are not allowed on a public
roadway or right-of-way unless licensed
as a motor vehicle by the Department of
Licensing.
Ordinance No. 688 1
G. Park, Parked, or Parking. "Park, Parked or Parking" means the standing, storing or leaving of a
vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers.
H. Pedestrian Way. A right-of-way dedicated to public use, ten feet or more in width, which cuts across
a block to facilitate pedestrian access to adjacent street and properties.
I. Registered Owner. The "Owner" of a vehicle is the current registered owner. The owner is presumed
liable for any violations and expenses unless:
I. There is a report of sale on the vehicle;
2.The vehicle is reported stolen or taken without permission; or
3. The current actual owner can be identified and located, and ownership verified.
I Road Closure. "Road Closure" means any public street, roadway, bridge or area to be traveled by
vehicles that is restricted as to all vehicles or any class of vehicles for any period of time.
K. Sidewalk. "Sidewalk" or "Walkway" means that property between the curb lines or the lateral lines
of a roadway and the adjacent property set aside, or identified as such, and intended for the use of
pedestrians or a means of conveyance propelled by human power.
L. Street road. A right-of-way, dedicated to public use, which provides vehicular and pedestrian access
to adjacent properties.
M. Skate. Any wheeled, recreational object designed to propel the person using that object, which
------------ ----- - ------ ---- -- - --- -- -- ---------
includes but is not limited to; skateboards, roller skates, in -line skates or scooters.
N. User. Any person riding a "bicycle" or "skate".
O. Vehicle. The term "vehicle" as used shall mean all instrumentalities capable of movement by means
of circular wheels, skids or runners of any kind, along roadways or paths or other ways of any kind,
specifically including, but not limited to, all forms of automotive vehicles, buses, trucks, cars,
motorcycles, motorized go-carts, motorized scooters, and vans, all forms of trailers or mobile homes
of any size whether capable of supplying their own motive power or not, without regard to whether
the primary purpose of which instrumentality is or is not the conveyance of persons or objects, and
specifically including all such automobiles, buses, trucks, cars, vans, trailers, and mobile homes even
though they may be at any time immobilized in any way and for any period of time of whatever
duration.
P. Wheeled Recreational Device. Any wheeled recreational object designed to propel the person using
that object, which includes but is not limited to bikes, skates, skateboards, scooters, motorized foot
scooters, whether powered by hand, foot, pedal power, gas or electric engine.
Section 2. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.010, Purpose, are
hereby amended to read as follows:
7.36.010 Purpose. The City of Lake Stevens has created this Chapter to assist in protecting the public
from harm, and to establish a uniform policy for the proper use of public rights -of -way by any wheeled
recreational device and for the enforcement of violations.
Section 3. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.030, Rules of
the Road are hereby amended to read as follows:
7.36.030 Rules of the Road. Any "user" that enters or travels on a public right-of-way must comply with
all rules of the road set forth in WAC 308.330.
Every bicycle and motorized foot scooter when in use during the hours of darkness as defined in
RCW 46.37.020 shall be equipped with a lamp on the front which shall emit a white light visible
Ordinance No. 688
Deleted: non -motorized
Deleted: non -motorized vehicles
from a. distance of at least five hundred feet to the front and with a red reflector on the rear of a
type approved by the state patrol which shall be visible from all distances up to six hundred feet
to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp
emitting a red light visible from a distance of five hundred feet to the rear may be used in
addition to the red reflector. A light -emitting diode flashing taillight visible from a distance of five
hundred feet to the rear may also be used in addition to the red reflector.
Section 4. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.060, Unsafe or
Reckless Operation of a Bicycle Prohibited, are hereby amended to read as follows:
7.36.060 Unsafe or Reckless Operation of a Wheeled Recreational Device Prohibited. It is unlawful to Deleted: s;cycie
operate a wheeled recreational device�on a public roadway, sidewalk, or on public property in a careless Deleted: bicycle or skate
or reckless manner which could cause harm to the user, other persons or to property.
Section 5. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.070, Voluntary
Bicycle and Skate Registration, is hereby amended to read as follows:
7.36.070 Voluntary Bicyclek Skate and Motorized Foot Scooters Registration_ The Lake Stevens Police Deleted: and
Department shall offer voluntary bicycle,rskate and motorized foot scooters registration for the purpose Deleted: aria
of locating found property, inspecting equipment for safety, and promoting safe use.
A. The registration shall include issuance of sequentially numbered decals to be located on the main
frame of the bicycle or in an appropriate location on the skate or motorized foot scooter, and the Deleted:,
Police Department will maintain a file of all pertinent information about the bike skate or --.
'�----------------motorized ------------- Deleted: or
foot scooter. A registration fee may be set by resolution.
B. It is unlawful to give false statements of ownership of a bicycle, Iskate ---
or motorized foot scooter on - a Deleted: or
registration, or to alter or mutilate a registration decal.
- ----------------------------------------
C. The registration fee shall be used for bicycle,, skate or motorized foot scooter safeprograms. Deleted: and
Y - ------ t-
Section 6. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.080, Removal of
Factory Installed Braking Equipment, are hereby amended to read as follows:
7.36.080 Removal of Factory Installed Braking Equipment. It is unlawful to operate on a public
roadway or on public property a bicycle, rskate or motorized foot scooter, which has had factory installed Deleted: or
brakes removed or altered to the extent that the braking device is ineffective.
Section 7. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.090, Helmets
Required, are hereby amended to read as follows:
7.36.090 Helmets Required. A minor child riding a wheeled recreational device on publicly owned Deleted: bicycle or
property or right-of-way shall wear a protective helmet that meets or exceeds the requirements of Deleted: skate
standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation, or a
subsequent nationally recognized standard for helmet performance as the city may adopt. The helmet _
shall be worn over the head and equipped with either a neck orb hinstrap that shall be fastened securely Deleted: chin strap
while the wheeled recreational device is in motion. ,---------------------------------•--------------------------------------------------- ------ Deleted: bicycle or skate
Section 8. Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.110, Alternative
Penalty for Minor Children, are hereby amended to read as follows:
Ordinance No. 688 3
7.36.110 Alternative Penalty for Minor Children. In lieu of the penalty described above, any Lake
Stevens Police Officer may, in their discretion, utilize the following penalty provision for violations by
minor children. For purposes of this section, the City Council of the City of Lake Stevens hereby finds
that there is a compelling governmental interest in imposing the following discretionary penalty section
for minor children, in order to encourage parental intervention and responsibility for the violations of the
minor children. The City further finds that impoundment is more likely to prevent repeat offenses by
minors than the imposition of monetary penalties.
1st offense: On the child's first offense in a 365-day period, the City shall issue a written warning Deleted: 365 day
and notification of the child's parent or guardian of the violation.
2nd offense: On the child's second offense in a 365-day period, the City shall issue a written notice Deleted: 365 day
------------------
of violation and the investigating officer may take custody of the bicycle or skate(s) and hold for
safekeeping until the child's parent or guardian claims the bicycle or skate(s).
3rd and subsequent offense(s): On the child's third offense in a 365-day period, the City shall Deleted: 365 day
include a civil fine, not to exceed $47.00. The arresting officer may take custody of the bicycle, _skate(s) Deleted: or
or motorized foot scooter and hold for safekeeping for thirty (30) days. An officer or their superior may
waive the imposed civil fine and/or impoundment if the parent and child agree to attendance and
completion of a bicycle/skating safety course by the child offered by the Lake Stevens Police
Department.
Section 9.Ordinance No. 623 and Lake Stevens Municipal Code Section 7.36.120, Forfeiture
of a Bicycle or Skate(s), are hereby amended to read as follows:
7.36.120 Forfeiture of a Bicycle,Skate(s), or Motorized Foot Scooter. As authorized by 308.330.565 _-.-- Deleted: or
---------------------------------------------- -
WAC and RCW 63.32, impounded bicycles,, skates or motorized foot scooter may be forfeited to the -------------- Deleted: or
Lake Stevens Police Department if unclaimed within sixty (60) days of the impound.
ection 10.. Effective Date and Publication. A summaryof this ordinance consisting -of-its-title _ _ _ __ Deleted: I
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shall be published in the official newspaper of the City. This ordinance shall take effect and be in force
five (5) days after the date of publication.
PASSED by the City Council of the City of Lake Stevens this 22nd day of December
12003.
Lynn E. Walty, Mayor
Norma J. Scott, City Clerk
Ordinance No. 688
APPROVED AS TO FORM:
Jeffrey Goodwin, City Attorney
First and Final Reading: December 22, 2003
Published: December 31, 2003
Effective Date: January 5, 2004
Ordinance No. 688