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Home My WebLink AboutCouncil 04/05/2004AGENDA RENTON CITY COUNCIL REGULAR MEETING April 5, 2004 Monday, 7:30 p.m. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. PROCLAMATION: Records and Information Management Month - April, 2004 4. SPECIAL PRESENTATIONS: a. Municipal Court 2003 Annual Report b. Puget Sound Regional Council Vision 2020 Award 5. ADMINISTRATIVE REPORT 6. 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. 7. 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 March 22, 2004. Council concur. b. Mayor Keolker-Wheeler appoints Nancy G. Osborn, 4635 Morris Ave. S., #F, Renton, 98055, to. the Planning Commission to fill the unexpired term of Eric Cameron, who has resigned (term to expire 6/30/2006). Refer to Community Services Committee. c. Court Case filed by Nancy K. Cary, PO Box 1475, Eugene, OR, 97440, on behalf of North Coast Electric Company, regarding alleged payments owed the plaintiff for various projects, including the Renton Fire Station #12 construction project (CAG-02-177). Refer to City Attorney and Insurance Services. d. City Clerk reports bid opening on 3/30/2004 for CAG-04-027, SW 7th St. Drainage Improvement Project Phase II (Lind Ave. SW to Morris Ave. S.); eight bids; engineer's estimate $2,931,000; and submits staff recommendation to award the contract to the low bidder, Frank Coluccio Construction Company, Inc., in the amount of $3,045,312. Council concur. e. City Clerk reports bid opening on 3/30/2004 for CAG-03-126, Wetland Mitigation Bank Site Fence Project; four bids; engineer's estimate $56,642.37; and submits staff recommendation to award the contract to the low bidder, Construct Co., LLC, in the amount of $60,906.24. Council concur. f. Development Services Division recommends approval to permit wireless communication facilities in residential zones within public rights -of -way to improve cellular phone service. Refer to Planning and Development Committee. g. Economic Development, Neighborhoods and Strategic Planning Department recommends adoption of a resolution ratifying a 2003 amendment to the Growth Management Planning Council's Countywide Planning Policies concerning the designation of downtown Auburn as an Urban Center. Council concur. (See 10. for resolution.) (CONTINUED ON REVERSE SIDE). h. Economic Development, Neighborhoods and Strategic Planning Department recommends a public hearing be set on 4/19/2004 to consider the 60% Direct Petition to Annex and proposed R-8 prezoning for the proposed Johnson Annexation; 18.24 acres located east of 142nd Ave. SE, south of SE 118th St., and west of 144th Ave. SE. Council concur. i. Transportation Systems Division recommends approval of a lease with the Federal Aviation Administration for a portion of the Airport control tower, extending the term of the original lease for another ten years. Revenue generated is $25,755 annually. Refer to Transportation (Aviation) Committee. j. Community Services Department recommends approval to use City Center Parking garage project fund savings to increase the Pavilion Building project budget by $130,000 to cover design irregularities ($108,135.84) and to restore a small contingency ($21,864.16). The architect will reimburse the City for the design irregularities. Council concur. 8. CORRESPONDENCE 9. 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. Planning & Development Committee: City Center Sign Code Amendment b. Transportation (Aviation) Committee: Liberty Ridge Intersection Safety Concerns c. Utilities Committee: Harrington Square Water Main Improvements Funding Proposal 10. ORDINANCES AND RESOLUTIONS Resolution: Countywide Planning Policies amendment ratification (see 7.g.) Ordinance for second and final reading: Auto Mall area sign height amendment (lst reading 3/22/2004) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 11 A T1TnT TR MM7PNIT 1 ✓. COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 5:30 p.m. Emerging Issues Council Chambers Approximately 6:30 p.m. Comprehensive Plan Follow -Up; 5th & Williams D.A.S.H. Development Proposal • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL Regular Meeting April 5, 2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF TERRI BRIERE, Council President Pro Tem; MARCIE PALMER; DENIS COUNCILMEMBERS LAW; DAN CLAWSON; TONI NELSON; RANDY CORMAN. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL EXCUSE ABSENT COUNCILMEMBER DON PERSSON. CARRIED. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; JUDGE TERRY JURADO, Municipal Court; JOE MCGUIRE, Municipal Court Services Director; DEREK TODD, Assistant to the CAO; COMMANDER KENT CURRY, Police Department. PROCLAMATION A proclamation by Mayor Keolker-Wheeler was read declaring the month of Records and Information April, 2004, to be "Records and Information Management Month" in the City of Management Month - April, Renton and encouraging all citizens to recognize the important service 2004 performed by records and information professionals. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. Deputy City Clerk Michele Neumann accepted the proclamation on behalf of the Puget Sound Chapter of ARMA (Association of Records Managers and Administrators). SPECIAL Municipal Court Judge Terry Jurado and Municipal Court Services Director Joe PRESENTATIONS McGuire presented the 2003 annual report of the Renton Municipal Court. Mr. Municipal Court: 2003 Annual McGuire reviewed the court's accomplishments, including: Report • Participation in a warrant pilot project, which enables participating courts of limited jurisdiction to act on warrants of other courts under certain circumstances; • Installation of a large video screen in Courtroom One so the public can view hearings that are held in the in -custody courtroom located in the jail, thereby solving security and access problems; and • Designation as a passport agent (acceptance of applications began May 6th), which resulted in new revenue of $21,680 in 2003. Mr. McGuire reported that the court's expenditures were $56,606 under budget and revenues totaled $1,153,304, the largest amount ever collected by the court. Additionally, he noted that the number of cases filed in 2003 decreased slightly from 2002. Judge Jurado addressed inquiries from Councilmembers concerning. public defender costs and how the court assigns public defenders, the number of bench and jury trials held and the difference between the two types of trials, his various duties, and contested and mitigation hearings. Judge Jurado thanked April 5, 2004 Renton City Council Minutes Page 98 EDNSP: Urban Center North Comp Plan Amend Project (Boeing Plant), VISION 2020 Award from PSRC the Council and the prosecutor's office for their support, and he expressed his appreciation to Joe McGuire and the rest of the of the court staff, pointing out that this is the most professional group of people he has every worked with. Alex Pietsch, Economic Development, Neighborhoods and Strategic Planning Administrator, announced that Renton was presented with a VISION 2020 award on March 25 from the Puget Sound Regional Council (PRSC) for the City's work on the Urban Center North Comprehensive Plan Amendments related to the potential redevelopment of surplus properties on the Boeing Renton Plant. Renton's project, along with projects from six other jurisdictions, were recognized for helping to cultivate the region's vitality and ensuring a —promising-future-to the year 2020 and -beyond He -explained -that VISION-2020 is a comprehensive framework for the future, which addresses growth management, the economy, and transportation. Noting that Renton's work on the project represents hundreds of hours of staff and Council time, Mr. Pietsch stated that adoption of the Comprehensive Plan Amendments clearly achieves all of the goals of VISION 2020. He indicated that as Boeing continues to make decisions regarding surplusing property in the South Lake Washington area, this plan provides the City with the framework for the creation of a more vibrant economy for Renton and the Puget Sound Region as a whole. 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 new Henry Moses Aquatic Center, which features a 9,000-square-foot leisure pool and a 3,300-square-foot six -lane lap pool, opens on June 5th. • The Mayor and City Council have fine-tuned some of the strategies within the City's Business Plan Goals. Modifications include an added emphasis on citizen outreach, community involvement, efficient service delivery, and economic development. • Neighbors interested in hosting a picnic are invited to a Neighborhood Program workshop on April 14th at 6:30 p.m., to learn how to plan, organize, and implement a successful neighborhood picnic. • Property taxes help fund vital public services, and in 2004, Renton residents will pay a total of $11.50 per $1,000 of assessed value. Of that total, the City of Renton receives only $3.24 per $1,000 of assessed value from each taxpayer. A total of $3.16 provides general administration, police and fire services, street maintenance, parks and recreation programs, and library services. A voter -approved bond requires an additional $0.08, to fund Senior Housing through 2009. AUDIENCE COMMENT Rosemary Quesenberry, 3609 SE 18th Ct., Renton, 98058, expressed Citizen Comment: appreciation to Senator Margarita Prentice (llth District) for her work on Quesenberry - Sex Offender Senate Bill 6153, which notifies home buyers of where information regarding Notification on City's Website registered sex offenders may be obtained. She explained that. the notification is a clause attached to real estate contracts that advises potential purchasers that a database is maintained by local law enforcement listing convicted sex offenders. Governor Gary Locke signed the bill on March 24th. April 5, 2004 Renton City Council Minutes Page 99 Ms. Quesenberry pointed out that the City's website displays photographs of the convicted sex offenders from the time they were originally arrested; however, the photographs on the sex offender notifications distributed throughout the community are of when they were released from incarceration. Noting that the appearance of juvenile offenders change as they mature, she recommended that the website display the photographs of when the offenders were released. Mayor Keolker-Wheeler stated the Administration would investigate the matter. 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 March 22, 2004. Council concur. March 22, 2004 Appointment: Planning Mayor Keolker-Wheeler appointed Nancy G. Osborn, 4635 Morris Ave. S., #F, Commission Renton, 98055, to the Planning Commission to fill the unexpired term of Eric Cameron, who has resigned (term to expire 6/30/2006). Refer to Community Services Committee. Court Case: North Coast Court Case filed by Nancy K. Cary of Hershner, Hunter, Andrews, Neill & Electric Company, CRT-04- Smith, LLP, PO Box 1475, Eugene, OR, 97440, on behalf of North Coast 002 Electric Company, regarding alleged payments owed the plaintiff for various projects, including the Renton Fire Station #12 construction project (CAG-02- 177). Refer to City Attorney and Insurance Services. CAG: 04-027, SW 7th St City Clerk reported bid opening on 3/30/2004 for CAG-04-027, SW 7th Street Drainage Improvement Phase Drainage Improvement Project Phase H (Lind Ave. SW to Morris Ave. S.); II, Frank Coluccio Const Co eight bids; engineer's estimate $2,931,000; and submitted staff recommendation to award the contract to the low bidder, Frank Coluccio Construction Company, Inc., in the amount of $3,045,312. Council concur. CAG: 03-126, Wetland City Clerk reported bid opening on 3/30/2004 for CAG-03-126, Wetland Mitigation Bank Site Fence, Mitigation Bank Site Fence Project; four bids; engineer's estimate $56,642.37; Construct Co and submitted staff recommendation to award the contract to the low bidder, Construct Co., LLC, in the amount of $60,906.24. Council concur. Development Services: Development Services Division recommended approval to permit wireless Wireless Communication communication facilities in residential zones within public rights -of -way to Facilities in Residential Zones improve cellular phone service. Refer to Planning and Development Committee. EDNSP: 2003 Countywide Economic Development, Neighborhoods and Strategic Planning Department Planning Policies Amendment recommended adoption of a resolution ratifying a 2003 amendment to the Growth Management Planning Council's Countywide Planning Policies concerning the designation of downtown Auburn as an Urban Center. Council 10 concur. (See page 101 for resolution.) Annexation: Johnson, 142nd Economic Development, Neighborhoods and Strategic Planning Department Ave SE recommended a public hearing be set on 4/19/2004 to consider the 60% Direct Petition to Annex and proposed R-8 prezoning for the proposed Johnson Annexation; 18.24 acres located east of 142nd Ave. SE, south of SE 118th St., and west of 144th Ave. SE. Council concur. Airport: FAA Lease, Portion Transportation Systems Division recommended approval of a lease with the of Control Tower Federal Aviation Administration for a portion of the Airport control tower, extending the term of the original lease for another ten years. Revenue generated is $25,755 annually. Refer to Transportation (Aviation) Committee. April 5, 2004 Renton City Council Minutes Page 100 Community Services: Pavilion Community Services Department recommended approval to use City Center Building Fund Transfer from Parking garage project fund savings to increase the Pavilion Building project City Center Parking Savings budget by $130,000 to cover design irregularities ($108,135.84) and to restore a small contingency ($21,864.16). The architect will reimburse the City for the design irregularities. Council concur. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Council President Pro Tern, Briere presented a Committee of the Whole report Committee of the Whole regarding the DASH (Downtown Action to Save Housing) Fifth and Williams Human Services: Fifth & Apartments development proposal. The Committee discussed this proposed 92-_ Williams Apartments; DASH- —unit affordable housing protect at its March 15th and April 5th meetings. Development Proposal DASH, a non-profit affordable housing developer, and Sherman Homes asked the City to communicate support for this project to the Renton Housing Authority (RHA), so that RHA will issue the tax-exempt bonds necessary to finance the project. The Committee recommended authorizing the Administration to send a letter to RHA indicating support for the project. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning and Development Committee Chair Briere presented a report Committee regarding the City Center area roof signs. The Committee reviewed potential Development Services: City revisions to the City Center sign code regulations established in Title IV of City Center Area Roof Signs Code. Currently, City Code limits the ability to modify prohibited signs throughout the City. However, in an effort to allow a roof sign on the Pavilion Building, staff has proposed to amend the sign modification process section of Title IV. The Committee recommended that Council schedule a public hearing to discuss the sign code amendments on April 19, 2004. MOVED BY BRIERS, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Safety Committee Public Safety Committee Chair Law presented a clean-up report for the Public Safety: Public Safety following six items listed on the Committee's referral list and recommended Committee Agenda Item that the referrals be closed: Clean-up Report . Referral 869 - Animal Ordinance Issues. The Committee recommended that no changes be made to the current ordinance at this time. • Referral 1790 - Alarm Registration. The Committee recommended that no changes be made to the current ordinance at this time. • Referral 1804 - Renton Transit Center Safety. Additional staffing and coordination with King County Metro has been discussed. The Regional Transit Committee has been apprised of the situation in Renton. Given that the police sub -station at the transit center is nearing completion with plans of deploying proactive units on a consistent basis, the Committee recommended that this item be removed from the active referral list but that a status briefing be given to the Committee in June, 2004. • Referral 1847 - Musicians Hall Safety Concerns. The hall was recently sold to a church and no further weekend rental agreements are planned. Therefore, the Committee recommended that no further action be taken on this issue at this time April 5, 2004 Renton City Council Minutes Page 101 Referral 1877 - Police Department Staffing. This issue was discussed at both Council workshops this year, and plans have been recommended to the Council for consideration. Specifically, "RENSTAT," Renton's computer statistic and crime analysis approach to directing patrol services is a response to this referral. Therefore, the Committee recommended that this issue be removed from the active referral list and that updates be given to Council on the "RENSTAT" program. • Referral-1905 - Peddler's Hours of Operation. The Committee reviewed the ordinance, and because Renton's ordinance is as restrictive as most other municipal ordinances, recommended no changes be made at this time. MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Councilman Clawson noted the amount of work that has been done on the police staffing issue, and stated that if the "RENSTAT" proposal can be funded, it will benefit Renton residents and the Police Department. *MOTION CARRIED. Utilities Committee Utilities Committee Chair Clawson presented a report concurring with the Utility: Highlands recommendation of the Planning/Building/Public Works Department that Redevelopment Area Water Council approve the funding of $100,000 from the Highlands Redevelopment Main Improvements Funding Fund to pay for a share of the water main improvements in the Highlands and for the Harrington Square Development. The Committee further recommended that Council authorize staff to proceed with the development of a special assessment district to recuperate the City's share of the improvements. The collected assessment will repay the Highlands Redevelopment Fund first, and the Water Utility's share second. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Palmer presented a report regarding Committee traffic safety on Edmonds Ave. SE at SE 2nd Pl. (Liberty Ridge Subdivision). Transportation: Edmonds Ave The Committee recommended Council authorize the Administration to perform SE/SE 2nd Pl Intersection the following tasks to improve the traffic safety at the intersection of Edmonds Safety Concerns Ave. SE and SE 2nd Pl.: 1. Install channelization on Edmonds Ave. SE in the vicinity of the curve approaching the intersection of SE 2nd Pl.; and 2. Investigate warrants for, and install as required, a residential warning sign with a 20-miles-per-hour advisory plate. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3688 A resolution was read ratifying 2003 amendments to the Growth Management EDNSP: 2003 Countywide Council's Countywide Planning Policies. MOVED BY BRIERE, SECONDED Planning Policies Amendment BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for second and final reading and adoption: April 5, 2004 Renton City Council Minutes Page 102 Ordinance #5066 An ordinance was read amending Section 4-4-100 of Chapter 4, Citywide Planning: Auto Mall Area Sign Property Development Standards, of Title IV (Development Regulations) of Height Amendment City Code to allow freestanding sign height of 50 feet for motor vehicle dealerships with over one acre of contiguous ownership or control located within the Auto Mall area. MOVED BY BRIERS, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. ADJOURNMENT MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:32 p.m. BONNIE I. WALTON, City Clerk Recorder: Michele Neumann April 5, 2004 • RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR • Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING April 5, 2004 COMMITTEE/CHAIRMAN DATE/TIME, AGENDA COMM TTEE OF THE WHOLE. MON., 4/12 Emerging Issues; (Persson) 5:30 p.m. Boeing "Move to the Lake" Update *Council Conference Room* COMMUNITY SERVICES MON., 4/12 Nancy Osborn Appointment to Planning (Nelson) 4:00 p.m. Commission FINANCE MON., 4/12 Vouchers; (Corman) 4:30 p.m. Carry Forward Ordinance PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) 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. CITY OF RENTON Mayor Kathy Keolker-Wheeler Wh.ewe-cw, the management of records and information is critical to every business, organization; and government.. agency in' facing the complexities of competition, customer service, and globalization; and W h ewaa k, technologies for storing information. are expanding the amounts of information that can be acquired, with increased longevity; .and W lw.,re w, the need to use information to create value and plan strategically is a driving force in today's world; and W he4l'act4; control of records and information is necessary for reduction of risk and liability as well as for compliance with global standards; NOV, rhew'efiove; I, Kathy Keolker-Wheeler, Mayor of the City of Renton, do hereby proclaim April 2004 to be in the City of Renton. I encourage all citizens to recognize the important service performed by records and information professionals: and to join mein this special observance. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 5`h day of April, 2004. Kathy K ker-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 Page 2 Renton Municipal Court Page 3 Operational Details • Hours of Operation: Monday through Friday 8:00 am to 5:00 pm • Jury trials held Thursday & Friday • Jury hotline number (425) 430-6545 COURT STAFF The Renton Municipal Court Judicial staff consists of one full time elected judge who is in court on a daily basis and appointed pro tem judges serving approximately one day per week. Judge Terry Jurado, the current judge of the Renton Municipal Court, was elected to a four-year term in November of 2001. The support staff consists of the Court Services Director, two Lead Judicial Specialists, nine Judicial Specialists, one Probation Officer, and one part time -intermittent filing clerk. Joe McGuire, the Court Services Director, has filled the position since August of 1998. The competent professional staff has an average of over fifteen years court experience. 2003 ACCOMPLISHMENTS AND ACTIVITIES WARRANT PROJECT —A COOPERATIVE EFFORT In recent years resources for governments at all levels has decreased. The impact of this reduction has fallen on the courts as well. In an effort to alleviate some of the negative impact on the criminal justice system the state legislature passed a bill in the 2000 legislative session instructing the Administrative Office of the Courts (AOC) to establish a warrant pilot project. Renton Municipal Court hosted and participated in development of such a project with AOC and several south King County courts. The participating courts are the cities of Auburn, Des Moines, Kirkland, Kent, Lake Forest Park, Renton, Tukwila and Sea Tac. King County District Court will come on board in 2004. This project will enable participating courts of limited jurisdiction to act on warrants of other courts under certain circumstances. If a defendant is before a judge in a participating court of limited jurisdiction, that judge may adjudicate the warrant of the other participating court. A number of positive impacts are anticipated due to this warrant pilot project. The number of outstanding misdemeanor warrants overwhelming the Washington Crime Information Center (300,000+) will be reduced. Transportation between jurisdictions will be the responsibility of the defendant, freeing patrol officers to perform other duties. The defendant will not be part of the jail over -crowding issue. Rather than remaining in custody awaiting transport to another jurisdiction the defendant will be out of custody during the intervening period. The degree of relief due to this pilot project will be measured by AOC in 2004. The results will be considered when deciding if the project will be changed, expanded and perhaps adapted to statewide use. The above is an example of the ongoing effort Renton Municipal Court is making to increase its efficiency and effectiveness to best utilize the resources allotted it by the citizens of Renton. TECHNOLOGY -COURTROOM TELEVISION Courtroom proceedings in Renton Municipal Court and other courts fall under the Open Meetings Act. Except in instances where a security risk exists the families of case participants and the public are free to attend. In order to reduce the instances in which a defendant must be led through city hall in restraints while escorted by law enforcement personnel to the courtroom, the City of Renton constructed a hearing room in the jail. Although this enabled defendants to remain within the jail for the hearing, it was not a perfect solution. The attorneys, family members and the public had difficulty attending the hearings. The visitors viewing area was very small and attendees had to be escorted into the jail area by law enforcement personnel, searched for weapons and led to the visiting area. Visibility and hearing of the proceedings was poor. With the help of the Information Services Department this situation was addressed early in the year. A large video screen was installed in Courtroom One in front of the public seating area. The existing security camera and recording system are adapted to use as inputs to the television in the courtroom. When hearings are held in the in -custody courtroom in the jail, Courtroom One is opened to the public. They can see and hear the proceedings more clearly than if they were in the jail viewing area. This was a creative and inexpensive yet effective solution to the security and access problems that had previously existed when viewing in custody hearings. PROBATION OFFICER During 2003 the Probation Officer for Renton Municipal Court resigned. After an extensive selection process his successor was chosen from a list of qualified applicants. Mr. Scott Torasson was selected. Scott is a state certified Chemical Dependency Professional and brings ten years experience in drug counseling, corrections and probation work to the position. We welcome Mr. Toraason to the court team and look forward to assisting in the development of the progressive probation process he is instituting in Renton Municipal Court. PASSPORTS Renton Municipal Court became a designated passport agent in 2003. On May 6th the court began acting as a passport acceptance agency by processing it's first passport The court averaged 22 applications per week during the first 33 weeks accepting applications. This was accomplished without adding court staff. The city nets $30 for each application processed. The total net revenue for 2003 from passports was $21,680. This has been a win -win proposition for the citizens of Renton. A service that was eliminated when Renton District Court was closed by King County has been made available. A new revenue source has been developed. The court will continue to pursue opportunities that improve customer service, court efficiency and/or city revenues in future. Page 4 Renton Municipal Court 2003 Report —Renton Municipal Court Expenditures The court was able to save $56,606 or 4.3% of its budgeted expenditures in 2003. Interpreter costs followed a strong upward trend as they have the last ten -plus years. Public defender costs were low due mainly to the unanticipated reduced need for conflict attorneys. Under Budget Over Budget Payroll/Benefits $23,037 Interpreters -Minor Equipment/Supplie-s -- 9-020 peair & Mai Pro Tern Judges 5,465 Publications Jury/Witness Fees 9,946 Public Defender Costs 15,540 10,931 770 Revenues Collections of fines, fees and forfeitures during the calendar year were the highest ever by the court. City retained revenue of $1,153,304 was collected in 2003. The addition of passport fees was a new revenue source of over $21,000. The largest shortfall from budget was a drop in parking ticket revenue. Case Load During 2003 the number of cases filed in Renton Municipal Court decreased slightly from 2002. Infraction filings showed a very small reduction. Parking violations filings were down 25.3% from 2002 and 41.0% from 2001. Criminal filings were down by 197 or 6.6% for the year. Short staffing mainly due to injury, illness and military reserve duty and increased service calls for Renton Police Department contributed to these decreases. Renton Municipal Court 2003 Revenue Renton Municipal Court 2003 Case Filings $86,386 ,�LN 4,193 212 158 $533,253 1,277 1,374 $501,138 O Criminal Criminal Traffic ■ Miscellaneous 54 O Criminal Non -Traffic $35,527 O Infractions 7,351 = Protection Orders O Parking O Traffic Infractions = Other Infractions O Parking O DUI City of Renton Municipal Building 1055 South Grady Way Renton WA 98055 Phone: 425-430-6550 FAX: 425-430-6544 FACILITIES Kenton uni coal Court 2003 Annual Report INTRODUCTION Renton Municipal _Cour_t_is-pleased to_issue_its2003__AnnualJ3epor_t. This review of 2003 is the fifth year of this publication. The court is the third branch of city government serving the citizens of Renton. The court strives to provide equal, fair and speedy justice to all that come before it. This report is intended to inform the community of the activities and operation of the court in its endeavor to attain that end. The court clerk's office, two courtrooms and two jury rooms are located in the Renton City Hall. They occupy approximately 9,000 square feet on the third floor. In addition an in -custody i hearing room is located within the Renton City Jail, also at city hall. The court continues to share its space with other city departments if their need coincides with a period of courtroom vacancy. FROM JUDGE JURADO "Judex bonus nihil ex arbitrio suo faciat, nec proposito domesticae voluntatis, sed juxta leges et jura pronunciet". (A good judge should do nothing of his own arbitrary will, nor on the dictate of his personal inclination, but should decide according to law and justice). 9 i "Sapientia legis nummarioo pretio non est asstimanda". (The wisdom of the law cannot be valued by money). Following these two legal precepts is the challenge of all judges in these times of increasing demands on the courts and shrinking dollars needed to fund justice. I am proud to report that during the last year the Renton Municipal Court has maintained the balance contemplated by the above -referenced concepts with dedicated resolve to preserve resources and at the same time f develop policies and programs to maintain the level of excellence the court is known for. We will continue to wisely administer the resources entrusted to the court and provide the community with the services they deserve and have a right to expect. This annual report discusses the accomplishments of the court in the last year as well as the information needed by the community at large to evaluate how the court is performing. CITY OF RENTON MEMORANDUM DATE: April 5, 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: GENERAL INFORMATION • Missoula Children's Theatre will present Snow White and the Seven Dwarfs on Saturday, April 10t', at the Renton IKEA Performing Arts Center. Performances will be at 3:00 and 7:00 p.m. and feature 50 local children in an hour-long musical that they learned in just ONE WEEK! Missoula Children's Theatre is the number one touring children's theatre in the world, traveling to over ten countries and working with over 50,000 children per year. For tickets call 206-325-6500. ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT • The April 2004 edition of CitySource, the City's newsletter to citizens and businesses, will be featured in the April 7`h issue of the Renton Reporter. This month, CitySource features a summary of the annual planning retreat and the refined Business Plan Goals; information about the Electronic Home Detention Program; updated Census data; details about the Spring Recycling Day and the Spring Festival at the Piazza; Comprehensive Plan public input opportunities; the upcoming Neighborhood Picnic Workshop; and Renton City Council Highlights. Additionally, there is an extra page dedicated to 2004 property taxes. CitySource can be found on the City's website through the Spotlight section under the press release option. The Mayor and City Council have fine-tuned some of the strategies within the City's Business Plan Goals. Modifications include an added emphasis on citizen outreach, community involvement, efficient service delivery, and economic development. The main Business Plan Goals are to: promote city-wide economic development, promote neighborhood revitalization, promote the City's image in the community and region, meet the service demands that contribute to the livability of the community, and influence regional decisions that impact the City. The City's Business Plan Goals are posted throughout public facilities, can be found on the City's website at www.ci.renton.wa.us, and are listed on the reader board on Cable Channel 21. COMMUNITY SERVICES DEPARTMENT • Parks maintenance crews have begun work along the west side of North Park Avenue to remove stumps and to replace trees. Winter wind and ice storms severely damaged fourteen trees. Crews are in the process of removing stumps and will order trees and grates to replace seven of these trees. The remaining seven sites will be filled with concrete as those areas were initially overplanted. Replacement trees, grate design, and tree guard design will be the same as those trees found along the east side of Park Avenue that were replaced in 2002/03. It is expected that the work will be completed by June 1st. In addition, since the last winter storms Parks crews have thinned the crowns of the existing ash trees to allow wind to pass through with less resistance and, as a result, no tree damage occurred during subsequent windstorms. Administrative Report April 5, 2004 Page 2 The new Henry Moses Aquatic Center will open on Saturday, June 5"', featuring two separate pools, a 9,000- square-foot leisure pool, and a 3,300-square-foot six -lane lap pool. The leisure pool includes popular features such as a zero -depth entry, wave machine, water spray play area, lazy river, island lagoon, water slide, and toddler water area. Large sun and shade spaces, and a bathhouse and concession area are also part of the facility. • The Spring Special Athletics Program began the last week of March with 92 participants. These athletes will be training over the next few months to compete in the Special Olympics Track and Field, Cycling, and Soccer events. Training for Track/Field and Soccer is every Monday and Wednesday at Renton Stadium. The — — -Cycling team -trains on Saturdays and meets at Fire Station No. 14. • Adult Athletics just finished their three-month winter volleyball and basketball season, with 64 teams in six — _I different divisions competing in more than 300 games. Youth baseball/fast pitch/soccer programs began the last week of March and will continue through the summer months. Field use for the games is spread throughout many of the City's parks, including Ron Regis, Philip Arnold, Tiffany, Thomas Teasdale, Highlands, Kennydale, Maplewood, Kiwanis, Liberty Park, and Cedar River. ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT • Neighbors looking to host a picnic are invited to a Neighborhood Program workshop on Wednesday, April 14t', at 6:30 p.m. to learn how to plan, organize, and implement a successful neighborhood picnic. Come and share your past experience and ideas as well as learn about additional resources for organizing your 2004 picnic. For additional information or to reserve a spot at the workshop, please call 425-430-6595. FINANCE AND I.S. DEPARTMENT • Property taxes help fund vital public services. In 2004, Renton residents will pay a total of $11.50/per $1,000 of assessed value. Of that total, the City of Renton receives only $3.24 per $1,000 of assessed value from each taxpayer. A total of $3.16 provides general administration, police and fire services, street maintenance, parks and recreation programs, and library services. A voter -approved bond requires an additional $0.08, to fund Senior Housing through 2009. A portion of your property taxes also pays for state and county services, emergency medical services, the hospital, the Port of Seattle, and the school district. For a property tax overview, please visit the Spotlight section of the City's website at www.ci.renton.wa.us. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT King County residents can bring their household wastes to the Special Three -Day Wastemobile event on Friday, Saturday, and Sunday, April 9th, loth, and I Ph, from 10:00 a.m. to 5:00 p.m. The Wastemobile will be located at the Fred Meyer Store, Renton Center, 365 Renton Center Way SW (located at the south end of the parking lot next to the railroad tracks). Free of charge, King County's Hazardous Wastemobile accepts pesticides, chlorine bleach, paint products, automotive products (oil, antifreeze, auto batteries, etc.), and other household hazardous items. For more information, call the King County Household Hazards Line at (206) 296-4692. POLICE DEPARTMENT • Have you ever been interested in how the Police Department really works or wonder what officers do during their shift? Come and find out! The 37"' session of the Renton Police Department Citizen's Academy begins April 14'h. The academy will meet for 12 weeks on Wednesdays, from 7:00 to 9:00 p.m. If you are interested in attending, please contact Terri Vickers at 425-430-7520 by Wednesday, April 7"'. Administrative Report April 5, 2004 Page 3 • During the week of April 6-12, 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 A ri16 -12 Date 6:00 a.m. to Noon Noon to 6:00 p.m. All Da Motorcycles/Cars Motorcycles/Cars Radar Trailer April 6, Tuesday 200 blk, S 2" St (speed) SW 43`d St (speed) 700 blk, SW 43rd St (speed) 200 blk, S 2"d St(speed) 1600 blk, Lk Youngs Way SE April 7, Wednesday 600 blk, Williams Ave S Rainier/Grad (red lights) Royal Hills/Lk Youngs Wy (stop signs) S 2"d St/Rainier (red lights) 1600 blk, Lk Youngs Way SE April 8, Thursday 1400 Houser Way (speed) Lk Washington Blvd (speed) Rainier Ave N (speed) 1400 Houser Way (speed) 200 blk, Edmonds Ave SE April 9, Friday SW Sunset Blvd (turns/speed) 600 blk, Williams Ave S (speed) 1400 Houser Way (speed) Rainier Ave N (speed) 200 blk, Edmonds Ave SE April 12, Monday Lk Washington Blvd (speed) SW Sunset Blvd (turns/speed) Maple Valley Hwy (speed) 700 blk, SW Grady Way (speed) 3700 blk, Sunset Blvd NE •r Submitting Data: Dept/Div/Board. . Staff Contact...... Subject: CITY OF RENTON COUNCIL AGENDA BILL AJLS/Mayor's Office Kathy Keolker-Wheeler, Mayor Planning Commission Appointment Nancy G. Osborn Exhibits: Community Service Application Al N: ' For Agenda of: April 5, 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Legal Dept......... Refer to Community Services Committee Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: 0 Mayor Keolker-Wheeler appoints Nancy G. Osborn to the Planning Commission to fill an unexpired three-year term, which expires on June 30, 2006, replacing Eric Cameron who resigned. Ms. Osborn's address is: 4635 Morris Ave S, #F, Renton, WA 98055; Phone: 425-204-2425. The other members of the Planning Commission are: Eugene Ledbury, Ray Giometti, Rosemary Quesenberry, Jerrilynn Hadley, Geraldine Jackson, and one vacancy (resignation of Natalie Dohrn). STAFF RECOMMENDATION: Confirm Mayor Keolker-Wheeler's appointment of Nancy Osborn to the Planning Commission for an unexpired term expiring on June 30, 2006. 3 CITY OF RENTON APPLICA TION FOR COMMUNITY SER VICE 'f you are interested in participating in local government by membership on any of the following City boards, commissions, or committees, please complete this application and return it to: CC: Xke to, A tx W -5 ha ✓OY7 R. P449'eL'ca 1. office of the Mayor ejprK P 1500j a /lt. City of Renton RECBVED ► y7k1j'5 ('. 1055 South Grady Way �San[Y P. Renton, WA 98055 MAR 18 2004 Check the boards/commissions/committees in which you are interested: ❑ IV-1 SAY®RSFIC AIRPORT ADVISORY COMMITTEE* LIBRARY BOARD ❑ BOARD OF ADJUSTMENT* ❑ MUNICIPAL ARTS COMMISSION* ❑ BOARD OF ETHICS* PARK BOARD* ❑ TRANSIT ADVISORY BOARD PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HOUSING AUTHORITY* SISTER CITY COMMITTEE - CUAUTLA HUMAN RIGHTS & AFFAIRS COMMISSION* U SISTER CITY COMMITTEE - NISHIWAKI ❑ HUMAN SERVICES ADVISORY COMMITTEE- ' 3pecrat membership requirements apply. Visit www.ci.renton.wa.us or call 425-430-6500for details. Your application will be given every consideration as vacancies occur. MR. ❑ MS. LN DATE 3- I O- 0 q 1DDRESS g615S )M&f r is r- ZIP CODE 9 9b S S PHONE: DAY qaS� - 2�Zs EMAIL 1/laesb�r-y) as col- c®� RENTON RESIDENT? g HOW LONG? -:5 LA y'S %ut- 0.,reo- S v CITY OF FORMER RESIDENCE_�e jrl (,tit LIK C,+r po-y-aTpi K. . EDUCATIONAL BACKGROUND OCCUPATION EMPLOYER Rem+nk CC L 4, OCCUPATIONAL BACKGROUND_0 '' `� i Z�M AC�t Vt S I -P_ r Y 1' t eyt &-►r lReM+ L—011-LcQ , ©w A'ssa C - PY-P S C q t-t ns COMMUNITY ACTIVITIES (organizations/clubs/service groups, etc.)PM Air fS 0- 'RrnA4yv. �4ZCAe—, lEa!Aancrl v-ecl✓ �a-�-c�.v c� T� -f �1�u wt lv e,,►- ; I c �r off' �k 4 Gala REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE j� i CF cD -i�A'P GW Pa �i YI 4rnr R0,v� CAN ATTEND DAY MEETINGS? -S CAN ATTEND NIGHT MEETINGS? _C 1 Applications will be kept on file for one year. If you have questions about serving on a board, 021004 commission, or committee, please feel free to contact the Mayor's Office at 425-430-6500. `5 y * C y c t �� Gies 4i ITNA P) CITY OF RENTON COUNCEL AGENDA BILL SUBMITTING DATA: Dept/Div/Board.. AJLS/City Clerk Staff Contact... Bonnie Walton SUBJECT: CRT-04-002; Court Case — North Coast Electric Company v. Pro Electrical, Inc.; Harvey D. Kim; Cheol H. Kim; Gulf Insurance Company; City of Renton; E. Kent Halvorson, Inc.; and Safeco Insurance Company of America. EXHIBITS: Summons and Complaint FOR AGENDA OF: April 5, AGENDA STATUS: Consent ......... XX Public Hearing.. Correspondence.. Ordinance... Resolution... Old Business....... New Business...... Study Session.... Other.... RECOMMENDED ACTION: APPROVALS: Legal Dept...... Refer to City Attorney and Insurance Services Finance Dept.... Other. FISCAL IMPACT: Expenditure Required... Transfer/Amendment.. Amount Budgeted ........ Revenue Generated... SUMMARY OF ACTION: Summons and Complaint filed in King County Superior Court by North Coast Electric Company, represented by Nancy K. Cary of Hershner, Hunter, Andrews, Neill & Smith, LLP, PO Box 1475, Eugene, OR, 97440, regarding alleged payments owed the plaintiff for various projects, including the Renton Fire Station #12 construction project (CAG-02-177), the contractor for which is E. Kent Halvorson, Inc. 2i 31 4 51' 61 71I 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CERTIFIED to be a true and co�Plete co�of the ofY�u�al hei; IN THE CIRCUIT COURT OF THE STATE OF WASHINGTON FOR KING COUNTY NORTH COAST ELECTRIC COMPANY, a Washington corporation; Plaintiff, VIM PRO ELECTRICAL, INC., a W ingto corporation; HARVEY D. KIM; �HEO KIM; GULF INSURANCE CO A , foreign corporation; CITY OF REEI; KENT HALVORSON, INC., a Washington corporation; SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation; Defendants. CITY OF RENTON MAR 2 9 2004 Pr 2c> per,. CITY CLERKS OFFICE Case No. 04-2-00971-5SEA J S ONS (20 days) TO THE DEFENDANT CITY OF RENTON: A lawsuit has been started against you in the above -entitled court by North Coast Electric Company, Plaintiff. Plaintiff s claim is stated in the written amended complaint, a copy of which is served upon you with this summons. In order to defend against this lawsuit, you must respond to the amended complaint by stating your defense in writing, and by serving a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default SUMMONS —Page 1 G,� �tt�o�r►e� R�s� mccnA��,i�r�n-t I7e.vint.S �� HERSHNER HUNTER ANDREWS NEILL SMITH, LLP LAW OFFICES 180 East I Ith Av — P.O. Box 1475 Fug—, 0,,gon 97440 (541)686-8511 judgment may be entered against you without notice. A default judgment is one where Plaintiff is entitled to what it asks for because you have not responded. If you serve a notice of appearance on the undersigned person, you are entitled to notice before a default judgment may be entered. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. -- -- -- -- -- -- -- -- -- This summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of the State of Washington. HERSHNER, HUNTER, ANDREWS, NEILL & SMITH, LLP HERSHNER SUMMONS —Page 2 HUNTER ANDREWS NEILL dt SMITH, LLP LAW OFFICES 180 Eut 11 th Avcnue P.O. Bon 1475 Eugene, Orcgon 97440 (541)686-8511 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CERTIFIED to be a true and cp pl�te coot of OF RENTON ( MAR 2 9 2004 oZ:a0 p.m. RECEIVED CITY CLERK'S OFFICE IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY NORTH COAST ELECTRIC COMPANY, a ) Washington corporation; ) Plaintiff; ) Case No. 04-2-00971-5SEA V. PRO ELECTRICAL, INC., a Washington corporation; HARVEY D. KIM; CHEOL H. KIM; GULF INSURANCE COMPANY, a foreign corporation; CITY OF RENTON; E. KENT HALVORSON, INC., a Washington corporation; SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation; Defendants. Plaintiff alleges: AMENDED COMPLAINT (Breach of Contract; Registration Bond Claim; Action on Personal Guarantees; Action on Payment Bond; Retainage) I. FIRST CAUSE OF ACTION (Breach of Contract) 1.1 Plaintiff. At all material times, Plaintiff was a Washington corporation. 1.2 Defendants. At all material times, Defendants Pro Electrical, Inc. ("Pro"), E. Kent Halvorson, Inc. ("Halvorson"), and Safeco Insurance Company of America ("Safeco") were Washington corporations. Defendant City of Renton is a public body. AMENDED COMPLAINT --Page 1 HERS14NER HUNTER 180 East I I "Avenue ANDREWS P.O. Box 1475 NEILL Eugene, Oregon 97440 & Facsimile (541) 344-2025 SMITH, LLP Telephone (541) 686-8511 COPYLAW OFFICES 1 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1.3 Contract. On or about July 9, 2001, Plaintiff and Defendant Pro entered into an agreement (the "Credit Agreement") under which Defendant Pro agreed that, if Plaintiff sold Defendant Pro any goods on credit, it would pay Plaintiff interest on all past due amounts at the rate of 18% per annum. In addition, Defendant Pro agreed to pay Plaintiff's reasonable attorney's fees and costs in the event it became necessary to obtain the assistance of an attorney to collect any amounts due. A copy of the Credit Agreement is attached to this Complaint as Exhibit -I .—-- 1.4 Agreement. On or about June 26, 2003, July 29, 2003 and September 15, 2003, Plaintiff and Defendant Pro entered into agreements (the "Agreements") under which Plaintiff agreed to supply certain materials (the "Materials") to Defendant Pro for various projects, including the Renton Fire Station project ("Renton Project"). In return, Defendant Pro agreed to pay Plaintiff certain specified prices and, if allowed credit, to pay Plaintiff in accordance with the terms of the Credit Agreement. Plaintiff supplied the Materials at the request of Defendant Pro and pursuant to the terms of the Agreements. Defendant Pro accepted the Materials. 1.5 Breach. Defendant Pro has failed and refused to pay Plaintiff the remaining amount due of $74,032.06. Of that amount, $72,417.03 is due for the Renton Project. Pursuant to the terms of the Credit Agreement, interest on that amount is owing in the amount of $7,626.37, of which $7,354.30 is for the Renton Project, plus additional interest at the rate of 18% per annum from March 10, 2004, until paid. 1.6 Performance of Conditions. Plaintiff has fully performed all terms and conditions required to be performed by it under the terms of the Credit Agreement and the Agreements. 1.7 Attorney's Fees. Pursuant to the terms of the Credit Agreement, Plaintiff is entitled to recover its reasonable attorney's fees and costs incurred in this action. AMENDED COMPLAINT --Page 2 HERSHNER HUNTER 180 East I I" Aver, ANDREWS P.O. Box 1475 NEILL Eugene, Oregon 97440 & Facsimile (541) 344-2025 SMITH, LLP Telephone (541) 686-8511 LAW OFFICES 1 11. SECOND CAUSE OF ACTION (Action on Electrical Contractor's Registration Bond) 2 3 2.1 Allegations. Plaintiff realleges paragraphs 1.1 through 1.7, above. 4 2.2 Defendant. Defendant Gulf Insurance Company ("Gulf') is a foreign 5 corporation doing business as a contractor's registration bond surety company in the county 6 of King, state of Washington. 7 2.3 Bond. Defendant Gulf issued to Defendant Pro an electrical contractor's 8 registration bond (the "Bond"), as required by RCW Chapter 19.28, in the amount of 9 $4,000.00. The Bond was in effect at the time Plaintiff sold the Materials to Defendant Pro. 10 2.4 Recovery on Bond. Plaintiff is entitled to recover the amount of $4,000.00 11 from the Bond. 12 13 111. THIRD CAUSE OF ACTION (Action on Harvey Kim Guarantee) 14 15 3.1 Allegations. Plaintiff realleges paragraphs 1.1 through 1.7, above. 16 3.2 Guaranjy. On or about July 9, 2001, Defendant Harvey D. Kim personally 17 guaranteed (the "Guarantee") full payment of all indebtedness of Pro to Plaintiff. The 18 Guarantee is contained in the Credit Agreement attached to this Complaint as Exhibit 1. 19 Despite demands, Defendant Harvey D. Kim has failed and refused to pay such indebtedness. 20 3.3 Attorriey's Fees.. Under the terms of the Credit Agreement and the Guarantee, 21 Plaintiff is entitled to recover its reasonable attorney's fees and costs incurred herein. 22 23. IV. FOURTH CAUSE OF ACTION (Action on Cheol Kim Guarantee) 24 25 4.1 Allegations. Plaintiff realleges paragraphs 1.1 through 1.7, above. 26 AMENDED COMPLAINT --Page 3 HERSHNER HUNTER 180 East 110 Avenue ANDREWS P.O. Box 1475 NEILL Eugene, Oregon 97440 & Facsimile (541) 344-2025 SMITH, LLP Telephone (541) 686-8511 LAW OFFICES 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4.2 Guaranty. On or about July 9, 2001, Defendant Cheol H. Kim personally guaranteed (the "Guarantee") full payment of all indebtedness of Pro to Plaintiff. The Guarantee is contained in the Credit Agreement attached to this Complaint as Exhibit 1. Despite demands, Defendant Cheol H. Kim has failed and refused to pay such indebtedness. 4.3 Attorney's Fees. Under the terms of the Credit Agreement and the Guarantee, Plaintiff is entitled to recover its reasonable attorney's fees and costs incurred herein. V. FIFTH CAUSE OF ACTION AGAINST DEFENDANTS E. KENT HALVORSON, INC. AND SAFECO INSURANCE COMPANY OF AMERICA (Action on Payment Bond) 5.1 Allegations. Plaintiff realleges paragraphs 1.1 through 1.7, above. 5.2 Contract. On or about May.19, 2003, Defendant Halvorson entered into a contract (the "Contract") with Defendant City of Renton, for the construction of the Renton Project located in Renton County, Washington. 5.3 Payment Bond. Pursuant to RCW Chapter 39.08, and to ensure prompt payment to all persons supplying materials for prosecution of the work under the Contract, like Plaintiff, Defendant Halvorson, as principal, and Defendant Safeco, as surety, executed and delivered payment bond number 6216464 to City of Renton. A copy of that payment bond is attached to this Complaint as Exhibit 2. 5.4 Notice to Contractor. Pursuant to RCW 39.08.065, on June 4, 2003, Plaintiff sent, via certified mail, a Preliminary Notice to Defendant Halvorson, the general contractor. 5.5 Notice of Claim. In accordance with RCW 39.08.030, on January 9, 2004, Plaintiff filed a claim with Defendant Halvorson, the general contractor, and the City of Renton, the public body. 5.6 Attorney's Fees and Costs. Pursuant to RCW 39.08.030, Plaintiff is entitled to recover its reasonable attorney's fees and costs incurred in this action. AMENDED COMPLAINT --Page 4 HERSHNER HUNTER 180 East I I' Avem ANDREWS P.O. Box 1475 NEILL Eugene, Oregon 97440 & Facsimile (541) 344-2025 , LLP Telephone (541) 686-8511 —SMITH LAW OFFICES 1 VI. SIXTH CAUSE OF ACTION AGAINST DEFENDANT E. KENT HALVORSON, INC. AND THE RETAINED 2 PERCENTAGE HELD BY DEFENDANT CITY OF RENTON (Action on Retainage) 3 4 6.1 Allegations. Plaintiff realleges paragraphs 1.1 through 1.7, above. 5 6.2 Retaina;e. Pursuant to RCW 60.28, the City of Renton withheld certain funds 6 (the "Retained Percentage") from Defendant Halvorson in accordance with the terms of the 7 Contract. 8 6.3 Notice to Contractor. Pursuant to RCW 60.28.015, on June 4, 2003, Plaintiff 9 sent, via certified mail, a Preliminary Notice to Defendant Halvorson, the general contractor. 10 6.4 Notice of Claim. In accordance with RCW 60.28.010, on January 9, 2004, 11 Plaintiff filed a claim with Defendant Halvorson, the general contractor, and the City of 12 Renton, the public body. 13 6.5 Attorney's Fees and Costs. Pursuant to RCW 60.28.030, Plaintiff is entitled 14 to recover its reasonable attorney's fees and costs incurred in this action. 15 16 VII. PRAYER 17 WHEREFORE, North Coast Electric Company prays for judgment in favor of 18 Plaintiff as follows: 19 1. On Plaintiff's First Cause of Action, a judgment against Defendant Pro 20 Electrical, Inc. in the sum of the following amounts: 21 a. The principal amount of $74,032.06; plus 22 b. Accrued interest on the principal amount in the amount of $7,626.37; 23 plus accruing interest at the rate of 18% per annum from March 10, 2004, until the date of 24 judgment; plus 25 C. Plaintiff's reasonable attorney's fees and costs incurred in this action; 26 plus AMENDED COMPLAINT --Page 5 HERSHNER HUNTER 180 East I I" Avenue ANDREWS P.O. Box 1475 NEILL Eugene, Oregon 97440 & Facsimile (541) 344-2025 SMITH, LLP Telephone (541) 686-851 1 LAW OFFICES I d. Interest on the total of the above amounts at the rate of 18% per annum 2 from the date judgment is entered, until paid. 3 2. On Plaintiff's Second Cause of Action, a judgment against Gulf Insurance 4 Company in the amount of $4,000.00. 5 3. On Plaintiff's Third Cause of Action, a judgment against Defendant Harvey D. 6 Kim in the sum of the following amounts: - -- -- - - 7 - - - - - a - - -The principal -amount -of $74,032.06-plus - 8 b. Accrued interest on the principal amount in the amount of $7,626.37; 9 plus accruing interest at the rate of 18% per annum from March 10, 2004, until the date of 10 judgment; plus 11 C. Plaintiff's reasonable attorney's fees and costs incurred in this action; 12 plus 13 d. Interest on the total of the above amounts at the rate of 18% per annum 14 from the date judgment is entered, until paid. 15 4. On Plaintiffs Fourth Cause of Action, a judgment against Defendant Cheol H. 16 Kim in the sum of the following amounts: 17 a. The principal amount of $74,032.06; plus 18 b. Accrued interest on the principal amount in the amount of $7,626.37; 19 " plus accruing interest at the rate of 18% per annum from March 10, 2004, until the date of 20 judgment; plus 21 C. Plaintiff's reasonable attorney's fees and costs incurred in this action; 22 plus 23 d. Interest on the total of the above amounts at the rate of 18% per annum 24 from the date judgment is entered, until paid. 25 5. On Plaintiff's Fifth Cause of Action, a judgment against Defendants E. Kent 26 Halvorson, Inc. and Safeco Insurance Company of America, jointly and severally, in the sum AMENDED COMPLAINT --Page 6 HERSHNER HUNTER 180 East I I" Avem, ANDREWS P.O. Box 1475 NEILL Eugene, Oregon 97440 & Facsimile (541) 344-2025 SMITH, LLP Telephone (54I) 686-8511 LAW OFFICES I of the following amounts: 2 a. The principal amount of $72,417.03; plus 3 b. Accrued interest on the principal amount in the amount of $7,354.30; 4 plus accruing interest at the rate of 18% per annum from March 10, 2004, until the date of 5 judgment; plus 6 C. Plaintiff's reasonable attorney's fees and costs incurred in this action; 7 plus 8 d. Interest on the total of the above amounts at the rate of 18% per annum 9 from the date judgment is entered, until paid. 10 6. On Plaintiff's Sixth Cause of Action, a judgment against the Retained 11 Percentage in the sum of the following amounts: 12 a. The principal amount of $72,417.03; plus 13 b. Accrued interest on the principal amount in the amount of $7,354.30; 14 plus accruing interest at the rate of 18% per annum from March 10, 2004, until the date of 15 judgment; plus 16 C. Plaintiff's reasonable attorney's fees and costs incurred in this action; 17 plus 18 d. Interest on the total of the above amounts at the rate of 18% per annum 19 from the date judgment is entered, until paid. 20 21 DATED this 23'd day of March, 2004 22 HERSHNER, HUNTER, ANDREWS, NEILL & SMITH, LLP 23 24 Is/Nancy K. Cary By 25 Nancy K. Cary, WSB No. 32262 Of Attorneys for Plaintiff 26 AMENDED COMPLAINT --Page 7 HERSHNER HUNTER 180 East I I' Avenue ANDREWS P.O. Box 1475 NEILL Eugene, Oregon 97440 & Facsimile (541) 344-2025 SMITH, LLP Telephone (541) 686-8511 LAW OFFICES Nov.26. 2013 12:37PM NOR TF. 'AST ELECTRIC NORI't4 t. QAb 1 LLtCTPJC C0MP.6.t. r Its Affiliates and Subsidiaries NFIDENTIAL Return To: EDIT ?LICATION Salesman: LICANT: BUSINESS OR CORPORATE NAME: ,INESS STREET ADDRESS / STATE ZJP - - ;INESSTELEPHONE NO. YEAR BUSINESS ESTABLISHED ARE ENGAGED IN THE BUSINESS OF: 4L—(- 'x___ G�rl;fl G 11—' _ YTFIACTOR'S LICENSE NO.: ELECTRICAL p GENERAL No' 1303_—Y • 2/3 PAD OFFICE USE .gr.. mluals RcoeNtd APPLICATION DATE --)/ q10 / BILLING ADDRESS: STREET OR P.O. BOX S�-M11C CITY STATE ZIP -I- - - - - - - - -- - - - - -- RESALE PERMIT NO. OR SALES TYPE OF BUSINESS: TAX EXEM TION NO. Q SOLE PROPRIETOR STATE OF INC. FEDERAL TAX I.D. NO.: U PARTNERSHIP q/_ �/e e g / rrc}CORPORATION I BONDING CO., BOND NO.: EXPIRATION DATE C2a v�r� sT,yr� yue. 7 nFFICERS (If a corooration): rvu by to r�yY.,..._., ,. •,.......... r.. _ ._._ _ NE: �/¢�i /�y tJ, x�M TITLE: HOME ADDRESS: ' �L B��%!� HOME PHONE: `�2S' 9�!"�� CtAL SEC. NO.: q 5-0 8 7- i 3.z io ✓ 1AE h eO / H, K �� rITLE HOME ADDRESS: PGe i(EUao HOME PHONE: 1r L CIAL SEC. NO.: -9f t 3a�0 S�jTtt HOME -ADDRESS: HOME PHONE ME TITLE: CIAL SEC. NO.: GISTERED AGENT. ANTICIPATED MONTHLY PURCHASES: F'�Ilr/•�tV 1 J rR11VV1r"h` Vv. 1 •--. �. 'v. ••.� tr•v, ... .•.,.. .. ••��------------ PHONE NO.: ADDRESS: ME ADbRffSS: PHONE NO.: 1v1E ADDRESS: PHONE_ NO.: ,ME "E: ADDRESS: PHONE NO.: JANCIAL REt;ER)✓NCE: THE APPLICANT HAS ESTASUSHED ALINE OF CREDIT OR = AS F 1ME OF FINANCIAL INSTITUTION ACCOUNT NUMBER �Y r3aTl� ��; h'✓;� �1��'t c.�-�' G� 4� 9t3 �i o� y-�l�S` /pLylJv C IV/1N1CU 6l zllvtz1 BRANCH CONTACT PHONE NUMBER ed&'-ze 0 Acard authorizes the above named suppliers and financial institutions to furnish NORTH COAST any and all lrt:flrmallOn concerning applicants credit worthinello and further, the lamigned personally authorizes NORTH COAST to conduct any personal Credit reseafCh It deems Wessa(Y. ;ortSideration fpr your granting credit to the above firm, we guarantee Payment of all amounts owed by that firm to NORTH COAST ELECTRIC CO.. or any of its affirwtaa or laidlartes (1ndNtdualty and Jointly referred to as NORTH COAST ELECTRIC CO.). we understand and agree that all payments arc due on or before the 28th of the month following month of purohasa and that cash discount will be allowed only if pAymerrt is received by the loth of the month. Alt amovnta not Palo on or before the due date will be deemed PAST E and shall be aaaeesed a finance charge of 11/2% oar montn, which to an annual percentage rate of 18%. We a7ee to immediately notify NORTH COAST ELECTRIC CO., by dfied mail. of any change in the ownership of the aPPlicant; of the death or disability of arty Owner or officer of the applicant: or or any other event or circumstance which may have a tefial adverse Impact upon applicant's credit worthineas. We agree that all Sales made by NORTH COAST ELEC MIC CO. are subject to NORTH COAST ELECTRIC CO:s Standard ins and Conditions as contained on NC055• We agree that all Invoices and monihty statements issued by NORTH COAST ELECTRIC CO. are accurate in all respects unleae we nodfy 'RTH COAST ELECTRIC CO. within 10 days of receipt. In the event it becomes necessary to refer any amount to an attorney for collecton, we agree and promise to pay your .sonable attorneys tee and collection cost. even though no suit is filed. if a legal proeaedlrig Is commenced, we agree to pay NORTH COAST ELECTRIC CO:s reasonable ShOnley's 9 In aUch ptooeetling or any appeal thereof. We understand and agree that NORTH COAST ELECTRIC CO.. at its option, reder�es the fight to chooae the venue Ot any auk or action ught to collect any amount. Alteration of this agraament, without the express consent of NORTH COAST ELECTRIC CO.. may bo 9*A� for tion of any aecounta outstandlr 7 cause demand for payment in Nil of all balancea outstanding. 7 !!/,n S -LE ' f P` AUTHORIZED SIGNATURE /� t :040-WASH 12197 DATE: /� �Z PRINT NAME: Exhibit 1 Page 1 of 2 Noy•26. 2013 12:37PM CURRENT ASSETS NORTH --`AST ELECTRIC - f Cashon hand .......... _._................ ........_............ ...... ......... S Cashin bank ............. _...... ...... ... ................ ................... Accounts Receivable Current ................ _........ _._....._..... Workin Progress ....... ................... Retention ....................... ..... .... .._. NotesReceivable......................................._.._....._........._. Merchandise Inventory.......... ....................._.._....._.„..»..... Other (Describe) TOTALCurrent Assets.•........_........_.._....._ ...................._. $ 1 FIXED ASSETS Real Estate S Other (Describe) Automotive Equipment...... ..........._........._....._._............._. Tools and Machinery _.............. .... ,................... _._............ Furniture and Ftxturee............._.................................. TOTALFixed Assets ................................ .................... _..... S OTHER ASSETS Loans and Advances to Officers andEmployees ............................ ....... _._._..»._.......». S Other (Describe) TOTAL Other Assets ..................._. ._.._._....,.......».._.._. S TOTALASSM»...._............................_._.._....»...._.._. $ C No•1303 P. 3/8 04 CURRENT LIABILITIES accounts Payable. .............................................. . ..... . ........ $ ContractsPayable .._ ............. .._......... ............................ ». TaxesPayable ............. ........ _.._....................... _............... Other (Describe) TOTAL Current Liabilities .. LONGTERM LIABILITIES: S NotesPayable........_._........._.._.................................. S Mortgages PayeUe........_...._...................................... (Monthly Payment S I Loans from Officers _._......... _.._.._..... _.... :................... ... Other (Describe) TOTAL Long Term Liabilities _.. ............. $ TOTAL L)ABILMEs.».._.....»..................................... $ Capital Net Worth or Stock Surplus TOTAL LIABILITIES $ NET WORTH ._....._._.._._......_._ S Statement of Profit and Loss from 19 . to Sates $ Gross Profit S Total Operating Expense NET PROFIT OR LOSS INDIVIDUAL GUARANTY 19 Each of the undersigned (individually called a Guarantor) unconditionally guarantees full payment of all present and future indebtedness (indebtedness) of (Customer) to North Coast Electric Company, or any of its affiliates or subsidiaries Cindividually and jointly referred to as North Coast). This is an open and continuous Guarantee and is given to induce North Coast to sell or continue to sell goods to Customer. However, nothing herein obligates North Coast to sell goods or extend credit to Customer. At any time North Coast may, without notice, sell goods or extend credit to Customer; modify, renew, extend or compromise any Indebtedness; take, subordinate or release any security; release Customer or any Guarantor from any liability for any Indebtedness; and otherwise deal with Customer and Customer's other guarantors in any manner North Coast deems fit in connection with any Indebtedness. Each Guarantor waives presentment, demand protest and notice of any kind. If there is more than one Guarantor, their obligations are joint and several. North Coast may bring a separate action against any Guarantor without first proceeding against Customer or any other parson or security, and without pursuing any other remedy. If a legal proceeding is commenced to interpret or enforce this Guaranty, North Coast shall be entitled to recover a reasonable attorney's fee in such proceeding, or, ny appeal thereof. AZ P Date Signature Print fame SignatuW Print Name Signature Print Name ' Exhibit 1 Page2of2 E KENT HALVORSON 4258619924 12/29 '03 02:42 N0.026 02/04 P"a sE MON 00670 BOND TOTM M Oily OF QW014 Bond No. 6216464 KNOW ALL MEN By THE$T PROEMS: 7vOtwa.lhe undersigned E. Kent Halvorson, 'Inc- QsPrinclt�l o(tp Safeco Insurance Company of America Corporation omanberJ and odsiing UrKtgr me lows of ttae state of Washin ton as a surety ., ....,a, t, r4v of corporation, and clucrlined under the taws of She 5,7caG or „,uy��,,• •• •�- _. contractors with nwnicipa i corpvro Sores, as surety are icy and Werolty held and 6WNy bound to the aty of Renton In the penal sum of $ 2 , 099 ,104 . S 1---- -' -------_----- tor ire poy"rit of wt*ich sure on demand we, bind ourseiv-- Cr)d our axlcesa M he+ts. od<rnnfstrators or person representat ves. as the ooso n,?oy be. This obtlgatlon is anterod Into In pure once of the statutes of the State of Woshhgh:;m the O►dtnw=o of the City of Renton. 19 Dated cat Renton , Wrtsh's�8ton.this _ day of May T�:X 2003 Nevefteleam the conditions of ihv 00ove cb%oiton are such that: WHEREAS, under and pursvahth? Public Works corw--lion Conch CAC—' pravfdingforthe Fire station No. 12 the Is requited to furnish a bond for the faithful perfofrnance of the cor*O't: O 1M EREA3, the S:",Wpot has accepted. or is abaft to dcCe!pI, the and undertake to perform the wprK therein provided for in date manner and wilt -in the tlmo sat fofttr: NOW, nER>40RE. If the POIClPal 4WA tar'i VUW perform ail of me prw�s of sold aCo � the nrdrxter and within the• rune ther9ln � th, foror LWmh Wch eXVri$0(u Of *ne Cs tney be g"Ved under said contract, and staff pay all lraboreM machonl= subcont mcM anq rnatersarrnen and all pemom who shall supply said pat *iepor sUbcontrcrctor~ watt pruv ons and sines for ttte carry)na on of saki work and shall hold said City of Renton heartless hom any less or damvge occgclonect to anY person or Property tyy reason of any Ca relessn= or neVIWIco on the part at said Pttnckx* or any a4contractor in ihB performance of said work. and shall 6xdsrnnity Qrtd hold the C=Y of Renton harmless horn any damage or e�ense by remon of faivre of performance as spe� in the Contract or from defects appearing or dovetovtng in the rnatedol or wocian xW'iP provided Gr penomwo under the contract within a period of one year a►ter ft acceptance thereof try the Cjfy or Rentom then+ and. k, that event this obitgatlon 11,00 be void: but otherwise it *)ail be and tefflgO in hC force end effect. Kent Halvorson, Inc. WilliSm Miller Tine ApprovVc by lorry wmen 2/14/92 Safeco Insurance Com any of America Si Darlene Jakiel6ki - - _Attorney -in -Tact Trtie Bono to Ina City of Renton . 00610 -1 E KENT HALVORSON 4258619924 12/29 '03 02:42 NO.026 03/04 D"D Ir SAFEC0- WER r OF AATTrOR TORNEY MA SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: 3AFECO PLAZA SEATTLE, WASHINGTON 901M No- 7351 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint *****STEVEN K. AUS1-L M. J. COTTON. NANCY J. OS50"E. MJM. AMUNDSEN- S. M. SCOTT; DARLENE JAKJELSKJ; JULIE Iv GLOVER; CINDY L. SCOTT; JIM W. T,>OYLP.; MJC iAF.L A. MUP,PTTY; ANDY p. PRTLL; LAW1ENC13 J. NEWTON; ROXANA PALA(70S; BothdT, Wa4hiliptoq flRwwwwwRRaRR#RR RRR*tit RMpRp*►!*R►RR+R�* its true and lawful attomey(s}-in-fact, With full authority to eyecute on its behalf fidelity and surety bonds or undertakings and other documents of a slmllar character Issued in the course of Its business. and to bind the neapeafive company thereby, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 30th day of January 2003 CHRISTINE MEAD, SECRETARY MIFF MCGAYICK, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: -Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President any Vfce President, the Secretary, and any Assistant Vice President appointed for that purpose by the oflloar In charge of surety operations, shall oath have authority to appoint individuals as atfomeys4n-fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety ponds and other documents of similar character Issued by the company in the course of Its business... On arty instrument making or evidencing such appointment the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal. or a facsimile thereof, may be Impressed or affixed or in arry Omer manner reproduced; provided, however, that the seal shop not be necessary to the validity of any such instrumenrt or undertaking. - Extract from a Resolution of fie Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any Certificate executed by the Secretary or anassistent aeaetsry Of the Company setting Out 0i The provisions of Article V. Section 13 of the Bylaws, and (P) A Copy of the power-of-VOOmey appointment executed pursuant thereto, and (Ili) Certtdying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the ey-Lowa and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By -taws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and. affixed the facsimile seal Of said Corporation this SEAL x "97-VSAEF 2/01 day of CHRISTINE MEAD, SECRETARY 0 A reglstemd va&rnark of SAFECO Corporation 01130/2003 PDF EXHISIT 'age ate. s E KENT HALVORSON 4258619924 12/29 '03 02:43 NO.026 04/04 prD IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE JERRORISM RIS §URANCE Iff 2002 As surety bond customer of one of tie SAFECO insurance companies (SAFECO insurance Company of America, General Insurance Company of America, First National insurance Company, American States Insur- ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk .Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a SI00 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. $d248 7/03 Rages I CERTIFICATE OF SERVICE 2 I hereby certify that on March 23, 2004, the forgoing AMENDED COMPLAINT was served on the parties listed below by X mailing, _ faxing, _ hand delivering true. 3 copies thereof, X deposited in the United States mail at Eugene, Oregon, enclosed in a sealed envelope, with postage paid; _ sent via facsimile machine to each person's fax 4 number of record; _ delivered by messenger, and addressed as follows: 5 H. Lee Cook Stewart Sokol & Gray, LLC 6 2300 SW First Avenue, Suite 200 Portland, OR 97201-5047 7 Of Attorneys for Defendant Gulf Insurance Company 8 Pro Electrical, Inc. 9 c/o Chan Pak, Registered Agent 1710 341 ' Place, #13-24 10 Federal Way, WA 98003 11 Defendant 12 Cheol H. Kim 1710 341 ' Place, #13-24 13 Federal Way, WA 98003 14 Defendant 15 Harvey D. Kim 1112 S. Manhattan Place 16 Los Angeles, CA 90019 17 Defendant 18 HERSHNER, HUNTER, ANDREWS, NEILL & SMITH, LLP 19 20 Is/Nancy K. Cary By 21 Nancy K. Cary, WSB No. 32262 Of Attorneys for Plaintiff 22 23 24 25 26 Page 1—CERTIFICATE OF SERVICE HERSHNER HUNTER 180 East I I' Avenue ANDREWS P.O. Box 1475 NEILL Eugene, Oregon 97440 & Facsimile (541) 344-2025 SMITH, LLP Telephone (541) 686-8511 LAW OFFICES CITY OF RENTON MAR 2 9 2004 A ao p.rn. RECEIVED CITY CLERK'S OFFICE —IN THE SUPERIOR COURT -OF- THE STATE OFWASHINGTON— IN AND FOR THE COUNTY OF KING *IV, CAas G:14? , Plaintiff(s), vs. --el c Defendant(s) NO. 04 -2- 00971-5SEA ORDER SETTING CIVIL CASE SCHEDULE ee ASSIGNED JUDGE: PS K' KALLAS TRIAL DATE: Mon 6/06/05 (-ORSCS) On Tue 1113/04, a civil case has been filed in the King County Superior Court and will be managed by the Case. Schedule on Page 3 as ordered by the King County Superior Court Presiding Judge. I. NOTICES NOTICE TO PLAINTIFF: The Plaintiff may serve a copy of this Order Setting Case Schedule (Schedule) on the Defendant(s) along with the Summons and Complaint/Petition. Otherwise, the Plaintiff shall serve the Schedule on the Defendant(s) within 10 days after the later of: (1) the filing of the Summons and ComplainUPedtion or (2) service of the Defendants first response to the Complaint/Petition, whether that response is a Notice of Appearance, a response, or a Civil Rule 12 (CR 12) motion. The Schedule may be served by regular mail, with proof of mailing to be filed promptly in the form required by Civil Rule 5 (CR 5). "I understand that I am required to give a copy of these documents to all parties in this case." Print Name ORDER SETTING CML CASE SCHEDULE Sign Name Revised June 2003 I. NOTICES (continued) NOTICE TO ALL PARTIES: All attorneys and parties should make themselves familiar with the King County Local Rules [KCLR] — especially those referred to in this Schedule. In order to comply with the Schedule, it will be necessary for attorneys and parties to pursue their cases vigorously from the day the case is filed. For example, discovery must be undertaken promptly in order to comply with the deadlines for joining additional parties, claims, and defenses, for disclosing possible witnesses [See KCLR 26], and for meeting the discovery cutoff date [See KCLR 37(g)]. SHOW CAUSE HEARINGS FOR CIVIL CASES [King County Local Rule 4(g)] A Show Cause Hearing will be held before the assigned judge if the case is not at issue. The Order to Show Cause will be mailed to all parties. The parties or counsel are required to attend. A Confirmation of Joinder, Claims and Defenses must be filed by the deadline in the schedule. PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE: When a final decree, judgment, or order of dismissal of all parties and claims is filed with the Superior Court Clerk's Office, and a courtesy copy delivered to the assigned judge, all pending due dates in this Schedule are automatically canceled, including the scheduled Trial Date. It is the responsibility of the parties to 1) file such dispositive documents within 45 days of the resolution of the case, and 2) strike any pending motions by notifying the bailiff to the assigned judge. Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date by filing a Notice of Settlement pursuant to KCLR 41, and forwarding a courtesy copy to the assigned judge. If a final decree, judgment or order of dismissal of all parties and claims is not filed by 45 days after a Notice of Settlement, the case may be dismissed with notice. If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLR 41(b)(2)(A) to present an Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date. NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES: All parties to this action must keep the court informed of their addresses. When a Notice of Appearance/Withdrawal or Notice of Change of Address is filed with the Superior Court Clerk's Office, parties must provide the assigned judge with a courtesy copy. ARBITRATION FILING AND TRIAL DE NOVO POST ARBITRATION FEE: A Statement of Arbitrability must be filed by the deadline on the schedule if the case is subject to mandatory arbitration and is at issue. If mandatory arbitration is required after the deadline, parties must obtain an order from the assigned judge transferring the case to arbitration. Any party filing a Statement must pay a $220 arbitration fee (effective 10/1/2002). If a party seeks a trial de novo when an arbitration award is appealed, a fee of $250 and the request for trial de novo must be filed with the Clerk's Office Cashiers. NOTICE OF NON-COMPLIANCE FEES:AII parties will be assessed a fee authorized by King County Code 4.71.050 whenever the Superior Court Clerk must send notice of non-compliance of schedule requirements and/or Local Rule 41. ORDER SETnNG CIVIL CASE SCHEDULE Revised June 2003 II. CASE SCHEDULE CASE EVENT DEADLINE or EVENT DATE Case Filed and Schedule Issued ---------------------------------------------------------------------------------------------- ✓ Confirmation of Service [See KCLR 4.1] ---------------------------------------------------------------------------------------------- T.- 940104 ✓ Last Day for Filing Statement of Arbitrability without a Showing of Good Tue 6/22/04 Cause for Late Filing [See KCLMAR 2.1(a) and Notices on Page 2] $220 arbitration fee must be paid — OR[-Gonsult Local Rules to determine which document applies for your case.] Tue 6/22/04 ✓ Confirmation of Joinder of Parties, Claims and Defenses [See KCLR 4.2(a)(2)]— NOTE. if "Joinder" document applies to the case and is not filed, the parties may be re wired to appear at the Show Cause Hearing. -------------- -------------------------------------------------------------------------------- DEADLINE for Hearing Motions to Change Case Assignment Area [KCLR 82(e)] ---------------------------------------------------------------------------------------------- Tue 7/06/04 DEADLINE for Disclosure of Possible Primary Witnesses [See KCLR 26(b)] ---------------------------------------------------------------------------------------------- Mon 1/03/05 ✓ DEADLINE for Disclosure of Possible Rebuttal Witnesses [See KCLR 26(c)] ------------------------------------------------------- ---------------- Mon 2/14/05 V DEADLINE for Jury Demand [See KCLR 38(b)(2)] ---------------------------------------------------------------------------------------------- Mon 2/28/05 DEADLINE for a Change in Trial Date [See KCLR 40(e)(2)] •--------------------------------------------------------------------------------------------- Mon 2/28/05 DEADLINE for Discovery Cutoff [See KCLR 37(g)] ---------------------------------------------------------------------------------------------- Mon 4/18/05 DEADLINE for Engaging in Alternative Dispute Resolution [See attached Order] -------- ---------------- Mon 5/09/05 V DEADLINE to file Joint Confirmation of Trial Readiness [See attached Order] ---=--- -------------------------------------- ------------------------ ------------------------ Mon 5/16/05 DEADLINE: Exchange Witness & Exhibit Lists & Documentary Exhibits Mon 5/16/05 [KCLR 16(a)(3)] -------------------------------------------------------------------------------------------- DEADLINE for Hearing Dispositive Pretrial Motions [See KCLR 56, CR 56] ---------------------------------------------------------------------------------------------- Mon 5/23/05 ✓ Joint Statement of Evidence [See KCLR 16(a)(4)] Tue 5/31/05 Trial Date [See KCLR 401 Mon 6/06/05 ✓ Indicates a document that must be filed with the Superior Court Clerk's Office by the date shown. III. ORDER Pursuant to King County Local Rule 4 [KCLR 4), IT IS ORDERED that the parties shall comply with the schedule listed above. Penalties, including but not limited to sanctions set forth in Local Rule 4(g) and Rule 37 of the Superior Court Civil Rules, may be imposed for non-compliance. It is FURTHER ORDERED that the party filing this action must serve this Order Setting Civil Case Schedule and attachment on all other parties. DATED: 1 /13/2004 Richard PREMUMG JUDGE ORDER SETTING CIVIL CASE SCHEDULE Revised June 2003 IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE READ THIS ORDER PRIOR TO CONTACTING YOUR ASSIGNED JUDGE This case is assigned to the Superior Court Judge whose name appears in the caption of this Schedule. The assigned Superior Court Judge will preside over and manage this case and will conduct trials, motions, and conferences in this matter until completion of all issues. COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court as soon as possible. The following procedures hereafter apply to the processing of this case: APPLICABLE RULES: Except as specifically modified below, all the provisions of KCLR 4-26 shall apply to the processing of civil cases before Superior Court Judges. CASE SCHEDULE AND REQUIREMENTS: A. Trial: Trial is confirmed for 9:00 a.m. on the date on the Schedule. The Friday before trial, the assigned court will contact the parties to determine the status of the case and inform the parties of any adjustments to the Trial Date. B. Show Cause Hearing: A Show Cause Hearing will be held before the assigned judge if the case is not at issue. If the case is not at issue or in accordance with the attached case schedule, all parties will receive and Order to Show Cause that will set a specific date and time for the hearing. All parties and/or counsel are required to attend. C. Joint Pretrial Report: 120 days before the Trial Date, parties shall prepare and file, with a copy to the assigned judge, a joint pretrial report setting forth the nature of the case, whether a jury demand has been filed, the expected duration of the trial, the status of discovery, the need to amend pleadings or add parties, whether a settlement conference has been scheduled, special problems, etc. Plaintiff's/Petitioner's counsel is responsible for proposing and contacting the other parties regarding said report. D. Pretrial Conference: A pretrial conference will be scheduled by the assigned judge. Approximately thirty (30) days before the conference, you will receive an Order Setting Pretrial Conference that will set the specific date and time for the conference. The conference will be held in the courtroom of the assigned judge, and the followinoonexclusive list of matters wit( be addressed at that time: 1) Status of settlement discussions; 2) Jury trial --'selection and number of jurors; 3) Potential evidentiary problems; 4) Potential motions in limine; SEE NEXT PAGE revised 5/29/2002 L: forms/cashiershv orders 5) Use of depositions; 6) Deadlines for nondispositive motions; 7) Procedures to be followed with respect to exhibits; 8) Witnesses -- identity, number, testimony; 9) Special needs (e.g. interpreters, equipment); 10) Trial submissions, such as briefs, Joint Statement of Evidence, jury instructions, voir dire questions, etc. _ — — 1-1)-Receipt-of-Pu-blic Assistance Payments(Domestic Cases) -- If -any party is on public Assistance, notify the Prosecutor's Office of this proceeding now at 296- 9020. E. Settlement/ Medi ati on /ADR: 1) 45 days before the Trial Date, counsel for plaintiff shall submit a written settlement demand. Ten (10) days after receiving plaintiff's written demand, counsel for defendant shall respond (with a counteroffer, if appropriate). 2) 30 days before the Trial Date, a settlement/mediation/ADR conference shall have been held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREMENT MAY RESULT IN SANCTIONS. 3) 20 days before the Trial Date, counsel for plaintiff shall advise the assigned judge of the progress of the settlement process. MOTIONS PROCEDURES: A. Noting of Motions 1) Dispositive Motions: All Summary Judgment or other motions that dispose of the case in whole or in part will be heard with oral argument before the assigned judge. The moving party must arrange with the bailiff a date and time for the hearing, consistent with the court rules. 2) Nondispositive Motions: These motions, which include discovery motions, will be ruled on by the assigned judge without oral argument, unless otherwise ordered. All such motions must be noted for a date by which the ruling is requested; this date must likewise conform to the applicable notice requirements. Rather than noting a time of day, the Note for Motion should state "Without Oral Argument." SEE NEXT PAGE revised 5/29/2002 L: form s/cashi ersAv orders 3) Motions in Family Law Cases: Discovery motions to compel, motions in li mi nez motions relating to trial dates and motions to vacate judgments/dismissals shall be brought before the assigned judge. All other motions should be noted and heard on the Family,Law Motions Calendar. 4) Emergency Motions: Emergency motions will be allowed only upon entry of an Order Shortening Time. However, emergency discovery disputes may be addressed by telephone call, and without written motion, if the judge approves. B. Filing of Papers All original papers must be filed with the Clerk's Office on the 6th floor. The working copies of all papers in support or opposition must be marked on the upper right corner of the first page with the date of consideration or hearing and the name of the assigned judge. The assigned judge's working copy must be delivered to his/her courtroom or to the judges' mailroom. Do not file working copies with the Motions Coordinator, except those motions to be heard on the Family Law Motions Calendar, in which case the working copies should be filed with the Family Law Motions Coordinator. 1) Original Proposed Order: Each of the parties must include in the working copy materials submitted on any motion an original proposed order sustaining his/her side of the argument. Should any party desire a copy of the order as signed and filed by the judge, a preaddressed, stamped envelope shall accompany the proposed order. . 2) Presentation of Orders: Alt orders, agreed or otherwise, must be presented to the assigned judge. If that judge is absent, contact the assigned court for further instructions. If another judge enters an order on the case, counsel is responsible for providing the assigned judge with a copy. Proposed orders finalizing settlement and/or dismissal by agreement of all parties shall be presented to the assigned judge or in the Ex Parte Department. Formal Proof in Family Law cases must be scheduled before the assigned judge by contacting the bailiff, or Formal Proof may be entered in the Ex Parte Department. If final orders and/or Format Proof are entered in the Ex Parte Department, counsel is responsible for providing the assigned judge with a copy. C. Form: Memoranda/briefs for matters heard by the assigned judge may not exceed 24 pages for diapositive motions and 12 pages for nondispositive motions, unless the assigned judge permits over -length memoranda/briefs in advance of filing. Over - length memoranda/briefs and motions supported by such memoranda/briefs may be stricken. IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PETITIONER SHALL FORWARD A COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER. JUDGE Richard W. revised 5/29/2002 L: forms/cashiers/iv orders CITY OF >12ENTON COUNCIL AGENDA BILL Dept/Div/Board... City Clerk Staff Contact...... Bonnie Walton SUBJECT: Bid opening on March 30, 2004, for CAG-04-027, SW 7th St. Drainage Improvement Project Phase 11 (Lind Ave. SW to Morris Ave. S.) EXHIBITS: Staff Recommendation Bid Tabulation Sheet (eight bids) AI #: 7, 4 - - I FOR AGENDA OF: A 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. IIFISCAL IMPACT: Expenditure Required... $3,045,312 Transfer/Amendment.. Amount Budgeted........ $3,287,500 Revenue Generated... Total Project Budget... City Share Total Project... SUMMARY OF ACTION: Engineer's Estimate: $2,931,000 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 the low bid contained no irregularities. Therefore, staff recommends acceptance of the low bid submitted by Frank Coluccio Construction Company, Inc. in the amount of $3,045,312. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 31, 2004 TO: Bonnie Walton, City Clerk FROM: ,' Ron Straka, Supervisor, Surface Water Utility STAFF CONTACT: Allen Quynn, Project Manager ext. 7247 SUBJECT: SW 7rh Street Drainage Improvement Project Phase II — Lind Ave. SW to Morris Ave. S. Construction Contract Bid Award The bid opening for the subject project was held March 30, 2004, at 2:30 p.m. Eight (8) bids were submitted. The Engineer's Estimate for the project is $2,913,000.00. The low bid for the project is $3,045,312.00 from Frank Coluccio Construction Company, Inc. Surface Water Utility has reviewed all the bids for completeness, inclusion of all required forms, bid bond and mathematical correctness. No mathematical errors were found in the low bid. All other paper work was in order. The low bid of $3,045,312.00 (including sales tax) is within the project budget of $3,287,500.00. The low bid meets the following conditions for award: 1. The low bid must be within the total project budget. 2. There must be more than one bidder. 3. The lowest responsive, responsible bid contains no significant irregularities. Attached for your reference is a bid tabulation showing the Engineer's Estimate, low bid amount, and the other seven (7) bids submitted. Two bidders, Ceccanti, Inc., and Tri-State Construction, Inc., were found to have minor mathematical error in their original bid amount, which had no effect on the selection of the low bidder. Surface Water Utility, therefore, recommends this item be placed on the April 5, 2004, consent agenda for Council concur. Staff further recommends that the Council award the construction contract to the lowest responsive, responsible bidder, Frank Coluccio Construction Company, Inc., for the amount of $3,045,312.00. With the exception of the low bidder's forms and schedule of prices, all bid packages will be returned to the City Clerk's office. Please contact Allen Quynn at extension 7247, if you have any questions. Cc: Gregg Zimmerman Lys Hornsby Enclosures H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2959 SW 7th St. Drainage Improvement Project\Phase II Construction\Contract Document\Bid Document\Bid Tab\council award.doc/AQ/tb CITY OF RENTON BID TABULATION SHEET 'ROJECT: SW 7th St. Drainage Improvement Project Phase II (Lind Ave. SW to Morris Ave. S.); CAG-04-027 DATE: March 30, 2004 FORMS BID BIDDER Triple Bid Adden. Adden. Includes 8.8% Sales Tax Form Bond #1 #2 Ceccanti X X X X $3,972,742.79 4116 Brookdale Rd. E. Tacoma, WA 98446 David Ceccanti Gary Merlino Construction Co., Inc. X X X X $3,336,841.60 9125 loth Ave. S. Seattle, WA 98108 Brian J. Kittleson James W. Fowler Company X X X X $3,072,490.24 PO Box 489 Dallas, OR 97338 James W. Fowler Frank Coluccio Construction Company X X X X $3,045,312.00 600 M.L. King, Jr. Way S. Seattle, WA 98118 Joseph J. Coluccio Rodarte Construction Inc. X X X X $4,008,744.16 PO Box 1875 Auburn, WA 98071 Frank C. Rodarte Westwater Construction Company X X X X $3,903,091.20 31833 Kent Black Diamond Rd. Auburn, WA 98092 Thomas J. Caplis Tri-State Construction, Inc. X X X X $3,231,120.64 PO Box 3686 Bellevue, WA 98009-3686 Ron Agostino D.D.J. Const. Co. Inc. X X X X $3,462,298.88 PO Box 130 Ravensdale, WA 98051 David Durnford ENGINEER'S ESTIMATE TOTAL: $2,931,000.00 LEGEND: Fonns: Triple Form: Non -Collusion Aff davit, Anti -Trust Claims, Minimum Wage Project Title: BID DATE: B Item N No. SW 7th Street Drainage Impr Proj Ph II March 30, 2004 Description Unit Est. Quantity City of Renton Engineers EstimateColuccro Unit Bid��j�0�t Price Amount Wmntng Bidder ` Construction -„as„SN�r,, x. s mid ��, Face^, Ampiint_ , Bidder#2 James W. Fowler Unit Bid Price Amount 1 Mobilization, Cleanup & Demobilzation Lump Sum 1 243,395.00 243,395.00 269 970 00 268,970-00 280,000.00 280,000.00 2 Construction Surveying, Staking and As -built Drawings Lump Sum 1 25,000.00 25,000.00 000000 19,100.00 19,100.00 3 Traffic Control Lump Sum 1 75,000.00 75,000.00 85,2Q0� 82b0 00 90,000.00 90,000.00 4 Temporary Water Pollution/Erosion Control Lump Sum 1 28,000.00 28,000.002,OOq 40 12,Q0000 7,410.00 7,410.00 5 Dewatering Lump Sum 1 250,000.00 250,000.00 1a�00p 00180 000 00 66,100.00 66,100.00 6 Temporary Bypass Pumping Lump Sum 1 45,000.00 45,000.00 35,00 00 35§000 00 150,600.00 150,600.00 7 Trench Shoring and Excavation Safety Systems Lump Sum 1 200,000.00 200,000.0040 dd0 00 E 40 fl0000 63,900.00 63,900.00 8 Locate and Protect Existing Utilities Lump Sum 1 20,000.00 20,000.00 10t000`00 10 000 00,: 408.00 408.00 9 Removal of Structure and Obstruction Lump Sum 1 75,000.00 75,000.00 g10 000 00 � 10' ' 00` 140,000.00 140,000.00 10 Remove/Relocate Existing Signing Lump Sum 1 1,000.00 1,000.00 3 000 doh ;000.00 729.00 729.00 11 CPEP Drain Pipe 8-inch Dia. (incl. Bedding) Linear Foot 70 35.00 2,450.0060 00 3 50p p0 71.00 4,970.00 12 Ductile Iron Drain Pipe 12-inch Dia. (incl. Bedding) Linear Foot 180 65.00 11,700.0072 OQ 12 960 00` 67.00 12,060.00 13 CPEP Drain Pipe 12-inch Dia. (incl. Bedding) Linear Foot 620 40.00 24,800.00 65 00 40 300 00 72.00 44,640.00 14 CPEP Drain Pipe 18-inch Dia. (incl. Bedding) Linear Foot 20 60.00 1,200.0091 QO_15 d11 1 820 00 100.00 2,000.00 15 CPEP Drain Pipe 24-inch Dia. (incl. Bedding) Linear Foot 20 45.00 900.00 1, 98 00 f 1 960 00: 185.00 3,700.00 16 Class IV Reinforced Concrete Drain Pipe 24-inch Dia. (incl. Be Linear Foot 120 75.00 9,000.00 94.00 11,280.00 17 CPEP Drain Pipe 36-inch Dia. (incl. Bedding) Linear Foot 550 80.00 44,000.00 �159 00 87,450 00 130.00 71,500.00 18 Class IV Reinforced Concrete Drain Pipe 60-inch Dia. (incl. Be Linear Foot 2,450 280.00 686,000.00 456 00 1 117 200 Od 352.00 862,400.00 19 Catch Basin Type 1 - (incl. Foundation rock) Each 30 800.00 24,000.00 270O 00 2 0QJ' 68 O 779.00 23,370.00 20 21 Catch Basin Type 2 - 48-inch Dia. Catch Basin Type 2 - 54-inch Dia. Each Each 2 3 2,200.00 3,000.00 4,400.00 9,000.00 2;460 DO r 4920 00 3,230 00 9&90 O0 2,300.00 2,850.00 4,600.00 8,550.00 22 Catch Basin Type 2 - 60-inch Dia, Each 1 4,000.00 4,000.00 3475 00 375 00 3,950.00 3,950.00 23 Catch Basin Type 2 - 72-inch Dia. Each 4 6,000.00 24,000.00 5 425 00 Effilij21 7001) 6,820.00 27,280.00 24 Catch Basin Type 2 - 96-inch Dia. Each 5 12,000.00 60,000.00 10 42510j 521�25 00' 14,500.00 72,500.00 25 Catch Basin Type 2 - 108-inch Dia. Each 2 15,000.00 30,000.00 16 70d 00 ��33�d00 00 20,000.00 40,000.00 26 Access Riser - 48-inch Dia. Each 8 4,000.00 32,000.00 904 00 s 7 2p�t0 4,240.00 33,920.00 27 18' L x 8'W x 8'-8" H Stormwater Utility Vault (Complete) Each 1 20,000.00 20,000.0037,200 00 37204 0 52,500.00 52,500.00 28 20' L x 8'W x 9'-6" H Stormwater Utility Vault (Complete) Each 1 32,000.00 32,000.00 38 200 d0 38t Ot)' 52,500.00 52,500.00 29 24' L x 8'W x 9'-6" H Stormwater Utility Vault (Complete) Each 1 40,000.00 40,000.00 ��44,750`° 00 s4450 O0 52,500.00 52,500.00 30 Bank Run Gravel for Trench Backfill Ton 8,000 10.00 80,000.00 SOb�64 000 Q0;' 9.30 74,400.00 31 Unsuitable Foundation Excavation, incl. Haul Cubic Yard 600 20.00 12,000.00 'M 20 00 -N :a12,UQ0 00 15.00 9,000.00 32 Gravel Backfill for Foundation Class B Ton 1,000 20.00 20,000.00 12 0 14.00 14,000.00 33 34 Controlled Density Fill Sanitary Sewer Encasement - Station 9+78 Cubic Yard Lump Sum 50 1 75.00 9,000.00 3,750.00 9,000.00 X,$0 00 4,OQ0 OOi 121.00 1,770.00 6,050.00 1,770.00 35 Sanitary Sewer Encasement -Station 11+25 Lump Sum 1 8,000.00 8,000.00 400 00F P4 4000d 1,560.00 1,560.00 36 Sanitary Sewer Encasement - Hardie Ave. SW Lump Sum 1 22,000.00 22,000.00 1W4.12AOUV 00 00' 8,390.00 8,390.00 37 Sanitary Sewer Encasement - Stattuck Ave. S Lump Sum 1 12,000.00 12,000.00�5 -' Od0 00 5 000 Op 3,820.00 3,820.00 38 Cement Concrete Curb and Gutter Linear Foot 950 14.00 13,300.008 00 17 10fl0 24.00 22,800.00 39 Cement Concrete Sidewalk Square Yard 260 45.00 11,700.00 35 00 �9,1Q0 0.0 41.00 10,660.00 40 41 Crushed Surfacing Top Course Sawcutting Ton Linear Foot 2,000 15,000 20.00 2.50 40,000.00 37,500.00 18 Q0 06,0f3 d01 0 `2 00 30000f OQ' 19.00 0.53 38,000.00 7,950.00 42 Temporary Cold Mix Asphalt Concrete Patch Ton 1,100 85.00 93,500.00 3a i` m+3^xg 50 00 55,g00 00 94.00 103,400.00 43 44 Asphalt Concrete Pavement Cl. B Restor Ton 3,400 70.00 238,000.00 65 0p 25 "," 00 0 .4 78.00 265,200.00 Pavement Markings Lump Sum 1 10,000.00 10,000.001Q,Q0p 00 10 O0 OQ 7,700.00 7,700.00 45 Traffic Signal Loop (Complete) Each 20 625.00 12500.00 a ��,200 00 24,0 0 Q0 479.00 9,580.00 46 Remove/Restore Existing Landscaping Lump Sum 1 5,000*00 5:000,00 ��000 00 `0,0 0 533,00 533,00 47 Topsoil Type C Cubic Yard 30 25.00 750.00 20 OQ6d0 00 37.00 1,110.00 48 Seeding, Fertilizing and Mulching Square Yard 200 2.50 500.00 �5 00� 1,000'00 3.60 720.00 Project Title: sW 7th Street Drainage Impr Proj Ph II City of F BID DATE: March 30, 2004 Engineers B Item Unit Est. Unit N No. Description Quantity Price 49 Television Inspection Lump Sum 1 5,000.00 50 Compaction Testing Each 100 60.00 51 Force Account Each 1 15,000.00 Subtotal Tax Total tenton Estimate UUinn ng Brdder 4 ColuctaoConstign Bidder#2 James W. Fowler Bid �t3r�t Bid�r�_ Unit Bid AmountFPricez;A oust Price Amount 5,000.00 f 0000t 8,000 00 6,570.00 6,570.00 6,000.00 m8 $000� 8,00000 133.00 13,300.00 15,000.00 ,ObO��15,0000 15,000.00 15,000.00 Subtotal $2,823,980.00 $2,677,345.00 $235,606.36 � Tax$46�i2D0 Tax $248,510.24 Total $3,072,490.24 $2,912,951.36 Project Title: BID DATE: B Item N No. SW 7th Street Drainage Impr Proj Ph II March 30, 2004 Description Unit. Est. Quantity City of Renton Engineers Estimate Unit Bid Price Amount Bidder#3 Tri-State Unit Bid Price Amount Bidder#4 Merlino Construction Unit Bid Price Amount 1 Mobilization, Cleanup & Demobilzation Lump Sum 1 243,400.00 243,400.00 100,000.00 100,000.00 280,000.00 280,000.00 2 Construction Surveying, Staking and As -built Drawings Lump Sum 1 25,000.00 25,000.00 50,000.00 50,000.00 20,000.00 20,000.00 3 Traffic Control Lump Sum 1 75,000.00 75,000.00 210,000.00 210,000.00 20,000.00 20,000.00 4 Temporary Water Pollution/Erosion Control Lump Sum 1 28,000.00 28,000.00 25,000.00 25,000.00 3,000.00 3,000,00 5 Dewatering Lump Sum 1 250,000.00 250,000.00 320,000.00 320,000.00 400,000.00 400,000.00 6 Temporary Bypass Pumping Lump Sum 1 45,000.00 45,000.00 7,800.00 7,800.00 20,000.00 20,000.00 7 Trench Shoring and Excavation Safety Systems Lump Sum 1 200,000.00 200,000.00 5,000.00 5,000.00 5,000.00 5,000.00 8 Locate and Protect Existing Utilities Lump Sum 1 20,000.00 20,000.00 16,000.00 16,000.00 5,000.00 5,000.00 9 Removal of Structure and Obstruction Lump Sum 1 75,000.00 75,000.00 7,000.00 7,000.00 50,000.00 50,000.00 10 Remove/Relocate Existing Signing Lump Sum 1 1,000.00 1,000.00 2,000.00 2,000.00 10,000.00 10,000.00 11 CPEP Drain Pipe 8-inch Dia, (incl. Bedding) Linear Foot 70 35.00 2,450.00 56.00 3,920.00 60.00 4,200.00 12 Ductile Iron Drain Pipe 12-inch Dia. (incl. Bedding) Linear Foot 180 65.00 11,700.00 72.00 12,960.00 80.00 14,400.00 13 CPEP Drain Pipe 12-inch Dia. (incl. Bedding) Linear Foot 620 40.00 24,800.00 58.00 35,960.00 50.00 31,000.00 14 CPEP Drain Pipe 18-inch Dia. (incl. Bedding) Linear Foot 20 60.00 1,200.00 75.00 1,500.00 85.00 1,700.00 15 CPEP Drain Pipe 24-inch Dia. (incl. Bedding) Linear Foot 20 45.00 900.00 80.00 1,600.00 250.00 5,000.00 16 Class IV Reinforced Concrete Drain Pipe 24-inch Dia. (incl. Be Linear Foot 120 75.00 9,000.00 115.00 13,800.00 300.00 36,000.00 17 CPEP Drain Pipe 36-inch Dia. (incl. Bedding) Linear Foot 550 80.00 44,000.00 140.00 77,000.00 200.00 110,000.00 18 Class IV Reinforced Concrete Drain Pipe 60-inch Dia. (incl. Be Linear Foot 2,450 280.00 686,000.00 440.00 1,078,000.00 400.00 980,000.00 19 Catch Basin Type 1 - (incl. Foundation rock) Each 30 800.00 24,000.00 1,200.00 36,000.00 1,000.00 30,000.00 20 Catch Basin Type 2 - 48-inch Dia. Each 2 2,200.00 4,400.00 2,800.00 5,600.00 2,500.00 5,000.00 21 Catch Basin Type 2 - 54-inch Dia. Each 3 3,000.00 9,000.00 3,000.00 9,000.00 3,000.00 9,000.00 22 Catch Basin Type 2 - 60-inch Dia. Each 1 4,000.00 4,000.00 3,500.00 3,500.00 3,100.00 3,100.00 23 Catch Basin Type 2 - 72-inch Dia. Each 4 6,000.00 24,000.00 5,800.00 23,200.00 8,500.00 34,000.00 24 Catch Basin Type 2 - 96-inch Dia. Each 5 12,000.00 60,000.00 13,500.00 67,500.00 15,000.00 75,000.00 25 Catch Basin Type 2 - 108-inch Dia. Each 2 15,000.00 30,000.00 23,000.00 46,000.00 25,000.00 50,000.00 26 Access Riser - 48-inch Dia. Each 8 4,000.00 32,000.00 3,400.00 27,200.00 7,000.00 56,000.00 27 18' L x 8'W x 8'-8" H Stormwater Utility Vault (Complete) Each 1 20,000.00 20,000.00 42,000.00 42,000.00 50,000.00 50,000.00 28 20' L x 8'W x 9'-6" H Stormwater Utility Vault (Complete) Each 1 32,000.00 32,000.00 50,000.00 50,000.00 55,000.00 55,000.00 29 24' L x 8'W x 9'-6" H Stormwater Utility Vault (Complete) Each 1 40,000.00 40,000.00 55,000.00 55,000.00 56,000.00 56,000.00 30 Bank Run Gravel for Trench Backfill Ton 8,000 10.00 80,000.00 15.00 120,000.00 10.00 80,000.00 31 Unsuitable Foundation Excavation, incl. Haul Cubic Yard 600 20.00 12,000.00 17.00 10,200.00 25.00 15,000.00 32 Gravel Backfill for Foundation Class B Ton 1,000 20.00 20,000.00 25.00 25,000.00 10.00 10,000.00 33 Controlled Density Fill Cubic Yard 50 75.00 3,750.00 80.00 4,000.00 100.00 5,000.00 34 Sanitary Sewer Encasement - Station 9+78 Lump Sum 1 9,000.00 9,000.00 3,000.00 3,000.00 5,000.00 5,000.00 35 Sanitary Sewer Encasement - Station 11+25 Lump Sum 1 8,000.00 8,000.00 3,000.00 3,000.00 5,000.00 5,000.00 36 Sanitary Sewer Encasement - Hardie Ave. SW Lump Sum 1 22,000.00 22,000.00 18,000.00 18,000.00 20,000.00 20,000.00 37 Sanitary Sewer Encasement - Stattuck Ave. S Lump Sum 1 12,000.00 12,000.00 3,000.00 3,000.00 5,000.00 5,000.00 38 Cement Concrete Curb and Gutter Linear Foot 950 14.00 13,300.00 19.00 18,050.00 30.00 28,500.00 39 Cement Concrete Sidewalk Square Yard 260 45.00 11,700.00 29.00 7,540.00 75.00 19,500.00 40 Crushed Surfacing Top Course Ton 2,000 20.00 40,000.00 25.00 50,000.00 25.00 50,000.00 41 Sawcutting Linear Foot 15,000 2.50 37,500.00 3.00 45,000.00 2.50 37,500.00 42 Temporary Cold Mix Asphalt Concrete Patch Ton 1,100 85.00 93,500.00 72.00 79,200.00 65.00 71,500.00 43 Asphalt Concrete Pavement Cl. B Ton 3,400 70.00 238,000.00 56.00 190,400.00 70.00 238,000.00 44 Restor Pavement Markings Lump Sum 1 10,000.00 10,000.00 7,500.00 7,500.00 10,000.00 10,000.00 45 Traffic Signal Loop (Complete) Each 20 625.00 12,500.00 600.00 12,000.00 800.00 16,000.00 46 Remove/Restore Existing Landscaping Lump Sum 1 5,000,00 1,000.00 10,000.00 10,000,00 3,000.00 3:000.00 47 Topsoil Type C Cubic Yard 30 25.00 750.00 25.00 750.00 35.00 1050.00 48 Seeding, Fertilizing and Mulching Square Yard 200 2.50 500.00 5.50 1,100.00 5.00 1,000.00 Project Title: SW 7th Street Drainage Impr Proj Ph II City of f BID DATE: March 30, 2004 Engineers B Item Unit Est. Unit N No. Description Quantity Price 49 Television Inspection Lump Sum 1 5,000.00 50 Compaction Testing Each 100 60.00 51 Force Account Each 1 15,000.00 Subtotal Tax Total tenton Bidder#3 Bidder#4 Estimate Tri-State Merlino Construction Bid Unit Bid Unit Bid Amount Price Amount Price Amount 5,000.00 4,500.00 4,500.00 5,000.00 5.000.00 6,000.00 100.00 10,000.00 75.00 7,500.00 15,000.00 15,000.00 Subtotal 15,000.00 $2,969,780.00 15, 000.00 Subtotal 15,000.00 $3,066,950.00 $2,677,350.00 $235,606.80 Tax Total $261,340.64 $3,231,120.64 Tax Total $269,891.60 $3,336,841.60 $2,912,956.80 Project Title: BID DATE: B Item N No. SW 7th Street Drainage Impr Proj Ph II March 30, 2004 Description Unit Est. Quantity City of Renton Engineers Estimate Unit Bid Price Amount Bidder#5 DDJ Const. Unit Bid Price Amount Bidder#6 Westwater Unit Bid Price Amount 1 Mobilization, Cleanup & Demobilzation Lump Sum 1 243,400.00 243,400.00 185,000.00 185,000.00 300,000.00 300,000.00 2 Construction Surveying, Staking and As -built Drawings Lump Sum 1 25,000.00 25,000.00 15,900.00 15,900.00 25,000.00 25,000.00 3 Traffic Control Lump Sum 1 75,000.00 75,000.00 130,000.00 130,000.00 70,000.00 70,000.00 4 Temporary Water Pollution/Erosion Control Lump Sum 1 28,000.00 28,000.00 10,000.00 10,000.00 15,000.00 15,000.00 5 Dewatering Lump Sum 1 250,000.00 250,000.00 328,000.00 328,000.00 157,000.00 157,000.00 6 Temporary Bypass Pumping Lump Sum 1 45,000.00 45,000.00 50,000.00 50,000.00 30,000.00 30,000.00 7 Trench Shoring and Excavation Safety Systems Lump Sum 1 200,000.00 200,000.00 40,000.00 40,000.00 200,000.00 200,000.00 8 Locate and Protect Existing Utilities Lump Sum 1 20,000.00 20,000.00 30,000.00 30,000.00 20,000.00 20,000.00 9 Removal of Structure and Obstruction Lump Sum 1 75,000.00 75,000.00 8,000.00 8,000.00 40,000.00 40,000.00 10 Remove/Relocate Existing Signing Lump Sum 1 1,000.00 1,000.00 5,000.00 5,000.00 1,500.00 1,500.00 11 CPEP Drain Pipe 8-inch Dia. (incl. Bedding) Linear Foot 70 35.00 2,450.00 73.50 5,145.00 125.00 8,750.00 12 Ductile Iron Drain Pipe 12-inch Dia. (incl. Bedding) Linear Foot 180 65.00 11,700.00 100.00 18,000.00 150.00 27,000.00 13 CPEP Drain Pipe 12-inch Dia. (incl. Bedding) Linear Foot 620 40.00 24,800.00 78.00 48,360.00 140.00 86,800.00 14 CPEP Drain Pipe 18-inch Dia. (incl. Bedding) Linear Foot 20 60.00 1,200.00 130.00 2,600.00 150.00 3,000.00 15 CPEP Drain Pipe 24-inch Dia. (incl. Bedding) Linear Foot 20 45.00 900.00 140.00 2,800.00 170.00 3,400.00 16 Class IV Reinforced Concrete Drain Pipe 24-inch Dia. (incl. Be Linear Foot 120 75.00 9,000.00 98.00 11,760.00 200.00 24,000.00 17 CPEP Drain Pipe 36-inch Dia. (incl. Bedding) Linear Foot 550 80.00 44,000.00 85.00 46,750.00 420.00 231,000.00 18 Class IV Reinforced Concrete Drain Pipe 60-inch Dia. (incl. Be Linear Foot 2,450 280.00 686,000.00 475.00 1,163,750.00 550.00 1,347,500.00 19 Catch Basin Type 1 - (incl. Foundation rock) Each 30 800.00 24,000.00 900.00 27,000.00 1,000.00 30,000.00 20 Catch Basin Type 2 - 48-inch Dia. Each 2 2,200.00 4,400.00 2,800.00 5,600.00 3,000.00 6,000.00 21 Catch Basin Type 2 - 54-inch Dia. Each 3 3,000.00 9,000.00 3,500.00 10,500.00 3,000.00 9,000.00 22 Catch Basin Type 2 - 60-inch Dia. Each 1 4,000.00 4,000.00 6,500.00 6,500.00 3,000.00 3,000.00 23 Catch Basin Type 2 - 72-inch Dia. Each 4 6,000.00 24,000.00 7,500.00 30,000.00 6,000.00 24,000.00 24 Catch Basin Type 2 - 96-inch Dia. Each 5 12,000.00 60,000.00 16,100.00 80,500.00 12,000.00 60,000.00 25 Catch Basin Type 2 - 108-inch Dia. Each 2 15,000.00 30,000.00 25,000.00 50,000.00 18,000.00 36,000.00 26 Access Riser - 48-inch Dia. Each 8 4,000.00 32,000.00 1,800.00 14,400.00 2,000.00 16,000.00 27 18' L x 8'W x 8'-8" H Stormwater Utility Vault (Complete) Each 1 20,000.00 20,000.00 34,000.00 34,000.00 22,000.00 22,000.00 28 20' L x 8'W x 9'-6" H Stormwater Utility Vault (Complete) Each 1 32,000.00 32,000.00 42,000.00 42,000.00 32,000.00 32,000.00 29 24' L x 8'W x 9'-6" H Stormwater Utility Vault (Complete) Each 1 40,000.00 40,000.00 46,000.00 46,000.00 38,000.00 38,000.00 30 Bank Run Gravel for Trench Backfill Ton 8,000 10.00 80,000.00 16.00 128,000.00 21.00 168,000.00 31 Unsuitable Foundation Excavation, incl. Haul Cubic Yard 600 20.00 12,000.00 58.00 34,800.00 40.00 24,000.00 32 Gravel Backfill for Foundation Class B Ton 1,000 20.00 20,000.00 30.00 30,000.00 23.00 23,000.00 33 Controlled Density Fill Cubic Yard 50 75.00 3,750.00 100.00 5,000.00 120.00 6,000.00 34 Sanitary Sewer Encasement - Station 9+78 Lump Sum 1 9,000.00 9,000.00 1,800.00 1,800.00 3,000.00 3,000.00 35 Sanitary Sewer Encasement - Station 11+25 Lump Sum 1 8,000.00 8,000.00 1,800.00 1,800.00 3,000.00 3,000.00 36 Sanitary Sewer Encasement - Hardie Ave. SW Lump Sum 1 22,000.00 22,000.00 25,000.00 25,000.00 39,000.00 39,000.00 37 Sanitary Sewer Encasement - Stattuck Ave. S Lump Sum 1 12,000.00 12,000.00 9,700.00 9,700.00 34,000.00 34,000.00 38 Cement Concrete Curb and Gutter Linear Foot 950 14.00 13,300.00 29.50 28,025.00 35.00 33,250.00 39 Cement Concrete Sidewalk Square Yard 260 45.00 11,700.00 48.00 12,480.00 40.00 10,400.00 40 Crushed Surfacing Top Course Ton 2,000 20.00 40,000.00 18.00 36,000.00 18.00 36,000.00 41 Sawcutting Linear Foot 15,000 2.50 37,500.00 0.85 12,750.00 1.00 15,000.00 42 Temporary Cold Mix Asphalt Concrete Patch Ton 1,100 85.00 93,500.00 50.00 55,000.00 60.00 66,000.00 43 Asphalt Concrete Pavement Cl. B Ton 3,400 70.00 238,000.00 75.00 255,000.00 60.00 204,000.00 44 Restor Pavement Markings Lump Sum 1 10,000.00 10,000.00 11,000.00 11,000.00 8,000.00 8,000.00 45 Traffic Signal Loop (Complete) Each 20 625.00 12,500.00 1,800.00 36,000.00 900.00 18,000.00 46 Remove/Restore Existing Landscaping Lump Sum 1 5,000.00 5,000.00 15,000.00 15,000,00 6,000.00 6,000.00 47 Topsoil Type C Cubic Yard 30 25.00 750.00 78.00 2,340.00 40.00 1:200.00 48 Seeding, Fertilizing and Mulching Square Yard 200 2.50 500.00 10.00 2,000.00 3.00 600.00 Project Title: SW 7th Street Drainage Impr Proj Ph 11 BID DATE: March 30, 2004 B Item N No. Descriotion 49 Television Inspection 50 Compaction Testing 51 Force Account City of F Engineers Unit Est. Unit Quantity Price Lump Sum 1 5,000.00 Each 100 60.00 Each 1 15,000.00 Subtotal Tax Total tenton Bidder#5 Bidder#6 Estimate DDJ Const. Westwater Bid Unit Bid Unit Bid Amount Price Amount Price Amount 5,000.00 3,000.00 3,000.00 4,000.00 4,000.00 6,000.00 150.00 15,000.00 40.00 4,000.00 15, 000.00 15, 000.00 Subtotal 15, 000.00 $3,182,260.00 15, 000.00 Subtotal 15, 000.00 $3,587,400.00 $2,677,350.00 $235,606.80 Tax Total $280,038.88 $3,462,298.88 Tax Total $315,691.20 $3,903,091.20 $2,912,956.80 Project Title: BID DATE: B Item N No. oW 7th Street Drainage Impr Proj Ph 11 March 30, 2004 Description Unit Est. Quantity 1 Mobilization, Cleanup & Demobilzation Lump Sum 1 2 Construction Surveying, Staking and As -built Drawings Lump Sum 1 3 Traffic Control Lump Sum 1 4 Temporary Water Pollution/Erosion Control Lump Sum 1 5 Dewatering Lump Sum 1 6 Temporary Bypass Pumping Lump Sum 1 7 Trench Shoring and Excavation Safety Systems Lump Sum 1 8 Locate and Protect Existing Utilities Lump Sum 1 9 Removal of Structure and Obstruction Lump Sum 1 10 Remove/Relocate Existing Signing Lump Sum 1 11 CPEP Drain Pipe 8-inch Dia. (incl. Bedding) Linear Foot 70 12 Ductile Iron Drain Pipe 12-inch Dia. (incl. Bedding) Linear Foot 180 13 CPEP Drain Pipe 12-inch Dia. (incl. Bedding) Linear Foot 620 14 CPEP Drain Pipe 18-inch Dia. (incl. Bedding) Linear Foot 20 15 CPEP Drain Pipe 24-inch Dia. (incl. Bedding) Linear Foot 20 16 Class IV Reinforced Concrete Drain Pipe 24-inch Dia. (incl. Be Linear Foot 120 17 CPEP Drain Pipe 36-inch Dia. (incl. Bedding) Linear Foot 550 18 Class IV Reinforced Concrete Drain Pipe 60-inch Dia. (incl. Be Linear Foot 2,450 19 Catch Basin Type 1 - (incl. Foundation rock) Each 30 20 Catch Basin Type 2 - 48-inch Dia. Each 2 21 Catch Basin Type 2 - 54-inch Dia. Each 3 22 Catch Basin Type 2 - 60-inch Dia. Each 1 23 Catch Basin Type 2 - 72-inch Dia. Each 4 24 Catch Basin Type 2 - 96-inch Dia. Each 5 25 Catch Basin Type 2 - 108-inch Dia. Each 2 26 Access Riser - 48-inch Dia. Each 8 27 18' L x 8'W x 8'-8" H Stormwater Utility Vault (Complete) Each 1 28 20' L x 8'W x 9'-6" H Stormwater Utility Vault (Complete) Each 1 29 24' L x 8'W x 9'-6" H Stormwater Utility Vault (Complete) Each 1 30 Bank Run Gravel for Trench Backfill Ton 8,000 31 Unsuitable Foundation Excavation, incl. Haul Cubic Yard 600 32 Gravel Backfill for Foundation Class B Ton 1,000 33 Controlled Density Fill Cubic Yard 50 34 Sanitary Sewer Encasement - Station 9+78 Lump Sum 1 35 Sanitary Sewer Encasement - Station 11+25 Lump Sum 1 36 Sanitary Sewer Encasement - Hardie Ave. SW Lump Sum 1 37 Sanitary Sewer Encasement - Stattuck Ave. S Lump Sum 1 38 Cement Concrete Curb and Gutter Linear Foot 950 39 Cement Concrete Sidewalk Square Yard 260 40 Crushed Surfacing Top Course Ton 2,000 41 Sawcutting Linear Foot 15,000 42 Temporary Cold Mix Asphalt Concrete Patch Ton 1,100 43 Asphalt Concrete Pavement CI. B Ton 3,400 44 Restor Pavement Markings Lump Sum 1 45 Traffic Signal Loop (Complete) Each 20 46 Remove/Restore Existing Landscaping Lump Sum 1 47 Topsoil Type C Cubic Yard 30 48 Seeding, Fertilizing and Mulching Square Yard 200 City of Renton Engineers Estimate Unit Bid Price Amount Bidder#7 Ceccanti Unit Bid Price Amount Bidder#8 Rodarte Const. Unit Bid Price Amount 243,400.00 243,400.00 349,410.00 349,410.00 50,000.00 50,000.00 25,000.00 25,000.00 8,000.00 8,000.00 21,500.00 21,500.00 75,000.00 75,000.00 93,344.00 93,344.00 130,000.00 130,000.00 28,000.00 28,000.00 10,000.00 10,000.00 14,800.00 14,800.00 250,000.00 250,000.00 100,000.00 100,000.00 500,000.00 500,000.00 45,000.00 45,000.00 50,000.00 50,000.00 275,000.00 275,000.00 200,000.00 200,000.00 102,000.00 102,000.00 11,000.00 11,000.00 20,000.00 20,000.00 7,038.00 7,038.00 29,800.00 29,800.00 75,000.00 75,000.00 76,142.00 76,142.00 17,500.00 17,500.00 1,000.00 1,000.00 500.00 500.00 4,500.00 4,500.00 35.00 2,450.00 118.00 8,260.00 60.00 4,200.00 65.00 11,700.00 100.00 18,000.00 87.50 15,750.00 40.00 24,800.00 111.00 68,820.00 49.00 30,380.00 60.00 1,200.00 62.00 1,240.00 108.00 2,160.00 45.00 900.00 67.00 1,340.00 164.00 3,280.00 75.00 9,000.00 197.00 23,640.00 120.00 14,400.00 80.00 44,000.00 142.00 78,100.00 125.00 68,750.00 280.00 686,000.00 647.00 1,585,150.00 564.00 1,381,800.00 800.00 24,000.00 1,108.00 33,240.00 870.00 26,100.00 2,200.00 4,400.00 4,921.00 9,842.00 4,800.00 9,600.00 3,000.00 9,000.00 6,311.00 18,933.00 5,250.00 15,750.00 4,000.00 4,000.00 7,147.00 7,147.00 4,500.00 4,500.00 6,000.00 24,000.00 10,736.00 42,944.00 10,000.00 40,000.00 12,000.00 60,000.00 18,372.00 91,860.00 15,125.00 75,625.00 15,000.00 30,000.00 17,804.00 35,608.00 19,250.00 38.500.00 4,000.00 32,000.00 3,643.00 29,144.00 4,100.00 32,800.00 20,000.00 20,000.00 29,428.00 29,428.00 23,800.00 23,800.00 32,000.00 32,000.00 31,713.00 31,713.00 33,000.00 33,000.00 40,000.00 40,000.00 33,234.00 33,234.00 36,500.00 36,500.00 10.00 80,000.00 22.00 176,000.00 20.75 166,000.00 20.00 12,000.00 25.00 15,000.00 33.00 19,800.00 20.00 20,000.00 29.00 29,000.00 18.50 18,500.00 75.00 3,750.00 150.00 7,500.00 130.00 6,500.00 9,000.00 9,000.00 1,800.00 1,800.00 3,000.00 3,000.00 8,000.00 8,000.00 1,800.00 1,800.00 6,300.00 6,300.00 22,000.00 22,000.00 14,000.00 14,000.00 6,000.00 6,000.00 12,000.00 12,000.00 2,500.00 2,500.00 3,100.00 3,100.00 14.00 13,300.00 12.00 11,400.00 23.25 22.087.50 45,00 11,700.00 25.00 6,500.00 37.25 9,685.00 20.00 40,000.00 39.00 78,000.00 21.75 43,500.00 2.50 37,500.00 4.00 60,000.00 1.70 25,500.00 85.00 93,500.00 35.00 38,500.00 72.75 80,025.00 70.00 238,000.00 57.00 193,800.00 78.75 267,750.00 10,000.00 10,000.00 7,500.00 7,500.00 9,300.00 9,300.00 625.00 12,500.00 500.00 10,000.00 930.00 18,600.00 5,000.00 5,000.00 17,891.00 17,891.00 10,200.00 10,200.00 25.00 750.00 25.00 750.00 35.50 1,065.00 2.50 500.00 2.00 400.00 4.00 800.00 Project Title: SW 7th Street Drainage Impr Proj Ph II BID DATE: March 30, 2004 B Item Unit Est. N No. Description Quantity 49 Television Inspection Lump Sum 1 50 Compaction Testing Each 100 51 Force Account Each City of Renton Bidder#? Bidder#8 Engineers Estimate Ceccanti Rodarte Const. Unit Bid Unit Bid Unit Bid Price Amount Price Amount Price Amount 5,000.00 5,000.00 5,000.00 5,000.00 26,300.00 26,300.00 60.00 6,000.00 150.00 15,000.00 145.00 14,500.00 15, 000.00 15, 000.00 15, 000.00 15, 000.00 15, 000.00 15, 000.00 Subtotal $2,677,350.00 Subtotal $3,651,418.00 Subtotal $3,684,507.50 Tax $235,606.80 Tax $321,324.78 Tax $324,236.66 Total $2,912,956.80 Total $3,972,742.78 Total $4,008,744.16 CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board... City Clerk Staff Contact...... Bonnie Walton SUBJECT: Bid opening on March 30, 2004, for CAG-03-126, Wetland Mitigation Bank Site Fence Project EXHIBITS: Staff Recommendation Bid Tabulation Sheet (four bids) 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... $60,906.24 Amount Budgeted........ $73,000.00 Total Project Budget... SUMMARY OF ACTION: Engineer's Estimate: $56,642.37 RECOMMENDED ACTION: Transfer/Amendment.. Revenue Generated... City Share Total Project... AI #: `7 . e- 5, 2004 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and the low bid contained no irregularities. Therefore, staff recommends acceptance of the low bid submitted by Construct Co., LLC, in the amount of $60,906.24. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 31, 2004 TO: Bonnie Walton, City Clerk FROM: 1�_ Ron Straka, Supervisor, Surface Water Utility, ext. 7248 l; STAFF CONTACT: Daniel Carey, Project Manager, ext. 7293 SUBJECT: Wetland Mitigation Bank Site Fence Project SWP-27-2171 Construction Bid Award Recommendation The bid opening for the Wetland Mitigation Bank Site Fence Project was held on March 30, 2004, at 3:30 p.m. Four (4) bids were submitted. They were opened and publicly read by the City Clerk. The Engineer's Estimate for the project construction cost is $56,642.37. The low bid for the project was $60,906.24 from Construct Co. LLC. The Surface Water Utility has reviewed the low bid for completeness, inclusion of all required forms, acknowledgments of addenda, bid bond, and mathematical correctness of the bid. The insurance company confirmed that the bid bond was issued. All the paperwork seems to be in order. Three bids contained the following mathematical mistakes, and were corrected by Surface Water Utility. The bid award is not affected by the mistakes. Submittals were as follows: Jon Ruhnke Landscaping: changed to $61,679.59 (from $62,959.08) due to minor math mistakes. Aspen Environmental: changed to $64,561.43 (from $65,093.19) due to minor math mistakes. UDC International: determined irregular and rejected (from $78,107.52) due to different numbers entered for the unit prices in written words and the unit prices in figures. The low bid of $60,906.24 (including sales tax) is within the amount that the Surface Water Utility has budgeted for the project. The 2004 CIP budget for the project is $73,000 (including carry forward) and the funds are available in the project account 421.000600.018.5960.0038.65.065119. There is currently $72,600 of unencumbered funds remaining in the project budget to fund the project construction and staff costs. The low bid meets the following conditions for award: 1. The low bid must be within the total project budget. 2. There must be more than one bidder. 3. The lowest, responsible, responsive bid contains no significant irregularities. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2171 Wetland Mitigation Bank\01 Fence Proj 2004\1000-1 Correspond-City\040331 BidAward-C1erk.doc\DWC\tb March 31, 2004 Page 2 The Surface Water Utility, therefore, recommends that this item be placed on the April 5, 2004, consent agenda for Council concur. Staff further recommends that Council award the construction contract to the lowest responsive, responsible bidder, Construct Co. LLC, for the amount of $60,906.24. Attached for your reference is a bid tabulation showing the Engineer's Estimate, the low bid, and all other bids submitted. If you have any questions, please contact Daniel Carey at x-7293. Cc: Gregg Zimmerman Lys Hornsby Enclosures H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2171 Wetland Mitigation Bank\01 Fence Proj 2004\1000-1 Correspond-City\040331 BidAward-Clerk.doc\DWC\tb CITY OF RENTON BID TABULATION SHEET 'ROJECT: Wetland Mitigation Bank Site Fence Project; CAG-03-126 DATE: March 30, 2004 FORMS BID BIDDER Triple Bid Includes 8.8% Sales Tax Form Bond Jon Ruhnke Landscaping X X Q6''�- 8507 W. Lake Cochran Rd. $61,679.59 * Monroe, WA 98272 Jon Ruhnke Aspen Environmental, Ltd. X X $6`,�49 PO Box 318 $64,561.43 * Mukilteo, WA 98275 Scott Waldal Construct Co. X X $60,906.24 1621 Pease Ave. Sumner, WA 98390 Cy Morse UDC International X X pg'4() . 7540 Dibble Ave. NW $116,364,874.88 Seattle, WA 98117 Frank Shields ENGINEER'S ESTIMATE TOTAL: $56,642.37 LEGEND: *corrected Forms: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage lI Project Title Wetland Mitigation Bank Site Fence Project BID DATE: March 30, 2004 Item No. Description 1 Mobilization 2 Traffic Control 3 Erosion Control 4 Clear Fence Line, Remove Trees - Area A 5 Clear Fence Line, Remove Trees - Area B 6 Topsoil Type C 7 Select Borrow 8 Chain Link Fence Type 1 9 End, Corner, Pull Posts For Chain Link Fence 10 Double 20 Ft. Chain Link Gate 11 Single 6 Ft. Chain Link Gate 12 Hydro -seeding 13 Restore Complete Project By: Daniel Carey Unit Est. Qua Lump Sum 1 Lump Sum 1 7 Lump Sum 1 Linear Foot 350 Linear Foot 1,910 Cubic Yard 10 Ton 15 Linear Foot 2,260 Each 35 Each 2 Each 1 Acre 0.50 Lump Sum 1 City of Renton Engineers Estimate Unit Bid Price Amount 3,000.00 2,500.00 1,500.00 15.00 1.10 50.00 25.00 11.00 125.00 1,300.00 500.00 3,000.00 3,000.00 Subtotal 8.8% Tax Total 3,000 2,500 1,500 5,250 2,101 24,86 4,37 2,60 1,500.00 3,000.00 $52,061.00 $4,581.37 $56,642.37 11Nn LOW BIDDER Jon Ruhnke Construct Co., LLC N Landscaping Unit Bid Unit Bid Price Amount Price Amount 5,200.00 5,200.00 V 3,078.00 3,078.00 2,900.00 2,900.00,;, 1,850.00 1,850.00 1,000.00 1,000.00,—, <, 1,000.00 1,000.00 15.00 5,250.00 21.43 7,500.50 2.40 4,584.00 1.68 3,208.80 45.00 450 00 20.00 200.00 28.00 420.00 18.33 274.95 11.70 26,442.00 - 13.06 29,515.60 130.00 4,550 00 133.57 4,674.95 1,000.00 2,000.00 w 1,210.00 2,420.00 434.00 434 00 , 792.00 792.00 3,500.00 1,750 00 2,352.00 1,176.00 1,000.00 1,000 00 1,000.00 1,000.00 Subtotal $55,980 00 Subtotal $56,690.80 Tax $4,926 24 ,.x, Tax $4,988.79 Total . s $60,906 24 :' Total $61,679.59 01 Bid_Tab-Engr Est.XLS Page 1 of 2 CITY OF RENTON BID TABULATION SHEET _'ROJECT: Wetland Mitigation Bank Site Fence Project; CAG-03-126 DATE: March 30, 2004 FORMS BID BIDDER Triple Bid Includes 8.8% Sales Tax Form Bond Jon Ruhnke Landscaping / G4C( Aspen Environmental, Ltd. t/ V/ c 9 to y r PO Box 318 Mukilteo, WA 98275 C v rye, D w Construct Co. 2 .y 1621 Pease Ave. Sumner, WA 98390 7 8T S2 UDC International 60 c r �j y 66 �c , 7540 Dibble Ave. NW WA 98117 .D v < < d Seattle, d N u'r ENGINEER'S ESTIMATE 3 j � 6 H Z. 3� TOTAL: LEGEND: Forms: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage �7%'5y' ', 5 6 . '1 1613 6y, �7ta.yy ti C, CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Development Services Staff Contact...... Laureen Nicolay, x-7294 For Agenda of: April 5, 2004 Agenda Status Consent .............. X Public Hearing.. Subject: Proposed ordinance amending Title 4 and other Correspondence.. sections of the Renton Municipal Code to permit Ordinance ............. wireless communication facilities within public rights Resolution............ of way within residential zones. Old Business........ Exhibits: Issue Paper New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $0.00 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Analysis pending Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Council concur in referring this item to the Planning and Development Committee to provide guidance to staff regarding necessary wireless code amendments prior to ordinance preparation. STAFF RECOMMENDATION: Staff believes that changes to existing City regulations are necessary in order to improve cellular service for the Renton community. Rentonnet/agnbill/ bh CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 10, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: �` Mayor Kathy Keolker-Wheeler FROM: Gregg Zimmerm ministrator STAFF CONTACT: Neil Watts, Development Services Director, x-7218 Laureen Nicolay, Senior Planner, x-7294 SUBJECT: Wireless Communication Facilities in Residential Neighborhoods ISSUE: The City of Renton Municipal Code does not currently permit monopoles or extensions of existing utility poles for cellular antennas in residentially zoned neighborhoods. Cellular phone companies are having difficulties providing good phone coverage in certain Renton neighborhoods as a result of this restriction. RECOMMENDATION: Staff recommends approval of changes to the City's existing wireless regulations to allow for new monopoles in residential neighborhoods, on a very limited basis. New monopoles in residential neighborhoods would be limited to replacing existing power poles or light standards with taller poles. These limited pole replacements would only be allowed if the need is clearly demonstrated by the service provider, and phone coverage cannot be provided using other permitted antenna locations. BACKGROUND SUMMARY: The City's existing wireless regulations were adopted in 1997. The regulations are protective of residential neighborhoods, and do not allow for new monopoles, including replacing existing power poles to install cellular antennas. Since that time, use of cellular phones has significantly increased. The wireless service carriers have reported capacity problems due to the limited number of existing wireless towers and the amount of calls these existing towers can handle. Wireless service providers have requested code amendments that would allow the wireless network to better function. Problems identified by the wireless industry include: Evaluation of Wireless Communication Facilities January 26, 2004 Page 2 • Inadequate coverage in residential neighborhoods: Some residents don't have "in - home coverage" at all. In some cases, where there is in -home coverage, dropped calls can also be a problem (e.g. a call is lost when walking down to the basement). • Overall capacity issues: During times of peak use (e.g. when there is a traffic jam on I-405), the wireless network may become overloaded. If additional, smaller scale facilities can be added to supplement the existing tower (monopole) system, the number of "system busy"/error messages and dropped calls will be reduced. Currently, calls may be lost during the hand off from one large tower to another. CONCLUSION: We request the Council refer this code amendment request to the Planning and Development Committee to evaluate the feasibility of amending the wireless regulations per staff's recommendation. The Committee is requested to review and approve code changes to address the following issues: Within residential areas: 1. Allow wireless communication antennas (of up to 16 feet) to be placed on existing power poles (subject to approval of Puget Sound Energy) and/or existing City street lights. 2. Allow replacement of existing power poles (subject to approval of Puget Sound Energy) and/or replacement of existing City street lights with taller support structures in order to allow the installation of antennas up to 16 feet in height. 3. Any new antenna greater than 10 feet in height, or any pole replacement for use as a monopole, would only be allowed if it were demonstrated by the service provider that no practical alternative is available to provide the same level of phone service. 4. Allow the installation of associated equipment cabinets within public street right-of-way or on abutting residentially zoned properties. These structures would be required to be located underground, or to be in a suitable location with appropriate screening. Cc: Jay Covington, Chief Administrative Officer Jennifer Henning, Principal Planner CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact.. Subject: Economic Development, Neighborhoods and Strategic Planning Rebecca Lind Ratification of the 2003 Amendments to the Countywide Planning Policies Exhibits: Issue Paper King County Correspondence, Signature Report March 8, 2004 King County Staff Report Resolution Recommended Action: Council Concur. Al #: For Agenda of: April 5, 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ..... X....... Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept ... x...... Finance Dept...... Other ............... Fiscal Impact: NA Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City of Auburn requested recognition of downtown Auburn as an Urban Center as defined in the Countywide Planning Policies (CPPs). This request was approved by the Growth Management Planning Council September 17, 2003, and was ratified by the Metropolitan King County Council on behalf of unincorporated King County on March 8, 2004. Amendments to the CPPs must be ratified by at least 30 percent of the city and country governments representing 70 percent of the population of King County. A city will be deemed to have ratified the amendments unless within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. The City of Auburn is requesting support of this amendment prior to the 90 day deadline in order to meet an April I" Puget Sound Regional Council timeline. STAFF RECOMMENDATION: Adopt a Resolution supporting GMPC Motion 03-2 amending the Countywide Planning Policies by designating downtown Auburn as an Urban Center. Regional CMWAmendmentauburn Urban Center doc CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: March 29, 2004 TO: Don Persson, Council President Members of the Renton City Council •�G VIA: r��Mayor Kathy Keolker-Wheeler FROM: Alex Pietsch, Administrator STAFF CONTACT: Rebecca Lind (ext. 6588) SUBJECT: Ratification of 2003 Amendment to the Countywide Planning Policies ISSUE: Ratification of the Growth Management Planning Council (GMPC) proposed amendment to the Countywide Planning Policies (CPPs) adding downtown Auburn as an urban center. RECOMMENDATION: Adopt a resolution ratifying the amendment. BACKGROUND SUMMARY: The CPPs are intended to provide a policy framework for all jursidictions' comprehensive plans in order to provide the regional planning and coordination among local governments required by the Growth Management Act. The CPPs set forth guidance for the location of growth and infrastructure investment in the region and establish specific employment and housing targets for each jurisdiction. Jurisdictions must adopt land use and zoning to accommodate these targets in their respective plans and development regulations. The GMPC approved this amendment Sept. 17, 2003, and Metropolitan King County Council ratified it on March 8, 2004. Renton monitored the GMPC review throughout the process. The proposed amendment does not affect the City. To become effective, amendments must be ratified by at least 30 percent of the city and county governments representing 70 percent of the population of King County. The deadline for responding is June 7, 2004. CONCLUSION The City of Auburn requested Renton's support in achieving early ratification of this amendment. While it is not necessary to take a formal action, the passage of a resolution puts Renton on the record as supporting the amendments and it provides to way to track Renton's position in the future. King County March 18, 2004 If(�[�p 1 9 rp_ h`t The Honorable Kathy Keolker-Wheeler City of Renton 1055 South Grady Way Renton, WA 98055 Dear Ma rnto Wheeler: We are pleasward for your consideration and ratification the enclosed amendment tng County Countywide Planning Policies (CPP). On March 8, 2004, the King County Council approved and ratified an amendment on behalf of unincorporated King County. Copies of the King County Council staff reports, ordinance and Growth Management Planning Council motion are enclosed to assist you in your review of these amendments. • Ordinance No. 14844, GMPC Motion No. 03-2, amending the Countywide Planning Policies by designating Downtown Auburn (the Auburn Central Business District) as an Urban Center. Downtown Auburn is added to the list of Urban Centers following Countywide Planning Policy LU-39. In accordance with the Countywide Planning Policies, FW-1, Step 9, amendments become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of .the population of King County according to the interlocal agreement. A city will be deemed to have ratified the amendments to the County wide Planning Policies unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. Please note that the 90-day deadline for this amendment is June 7, 2004. If you have any questions about the amendments or ratification process, please contact Paul Reitenbach, Senior Policy Analyst, King County Department of Development and Environmental Services, at 206-296-6705, or Lauren Smith, Legislative Analyst, King County Council, at 206-296-0352. •. O If you adopt any legislation relative to this action, please send a copy of the legislation by the close of business, June 7, 2004, to Anne Noris, Clerk of the Council, W1025 King County Courthouse, 516 Third Avenue, Seattle, WA 98104. Thank you for your prompt attention to this matter. Si y Executive Enclosures cc: King County City Planning Directors Suburban Cities Association Stephanie Warden, Director, Department of Development and Environmental Services (DDES) Paul Reitenbach, Senior Policy Analyst, DDES Megan Smith, Lead Staff, Growth Management & Unincorporated Areas .Committee. (GUIUAC) Lauren Smith, Legislative Analyst, GMUAC l!/) V Proposed No. 2004-0033.2 KING COUNTY Signature Report March 8, 2004 Ordinance 14844 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104 Sponsors Patterson and Hammond I AN ORDINANCE adopting amendments to the 2 Countywide Planning Policies; designating downtown 3 Auburn as an Urban Center; ratifying the amended 4 Countywide Planning Policies for unincorporated King 5 County; and amending Ordinance 10450, Section 3, as 6 amended, and K.C.C. 20.10.030 and Ordinance 10450, 7 Section 4, as amended, and K.C.C. 20.10.040. 8 L� 10 BE IT ORDAINED BY TI-E COUNCIL OF KING COUNTY: 11 SECTION 1. Findings. The council makes the following findings: 12 A. The metropolitan King County council adopted and ratified the Growth 13 Management Planning Council recommended King County 2012 - Countywide Planning 14 Policies (Phase I) in July 1992, under Ordinance 10450. 15 B. The metropolitan King County council adopted and ratified the Phase II 16 amendments to the Countywide.Planning Policies on August 15,1994, under Ordinance . 17 11446. 1 Ordinance 14844 18 C. The Growth Management Planning Council met on September 17, 2003; and 19 voted to recommend amendments to the King County 2012 - Countywide Planning 20 Policies, designating downtown Auburn as an Urban Center. 21 SECTION 2. Ordinance 10450, Section 3, as amended, and K.C.C. 20.10.030 are 22 each hereby amended to read as follows:- 23 Phase II. 24 A. The Phase II Amendments to the King County 2012 Countywide Planning 25 Policies attached to Ordinance 11446 are hereby approved and adopted. 26 B. The Phase H Amendments to the King County 2012 - Countywide Planning 27 Policies are amended, as shown by Attachment 1 to Ordinance 12021. 28 C. The Phase H Amendments to the King County 2012 - Countywide Planning 29 Policies are amended, as shown by Attachment 1 to Ordinance 12421. 30 D. The Phase H Amendments to the King County 2012 - Countywide Planning 31 Policies are amended, as shown by Attachments 1 and 2 to Ordinance 13260. 32 E. The Phase H Amendments to the King County 2012 - Countywide Planning 33 Policies are amended, as shown by Attachments 1 through 4'to Ordinance 13415. 34 F. The Phase II Amendments to the King County 2012 - Countywide Planning 35 Policies are amended, as shown by Attachments 1 'through 3 to Ordinance 13858. 36 G. The Phase II Amendments to the King County 2012 - Countywide Planning 37 Policies are amended, as shown by Attachment 1 to Ordinance 14390. 38 H. The Phase H Amendments to the King County 2012 — Countywide Planning 39 Policies are amended, as shown by -Attachment 1 to Ordinance 14391. 2 Ordinance 14844 40 I. The Phase II Amendments to the King County 2012 — Countywide Planning 41 Policies are amended, as shown by Attachment 1 to Ordinance 14392. 42 1 The Phase II Amendments to the King County 2012 - Countywide Planning 43 Policies are amended, as shown by Attachment 1 to Ordinance 14652. 44 K. The Phase H Amendments to the King County 2012 - Countywide Planning 45 Policies are amended, as shown by Attachments 1 through 3 to Ordinance 14653. 46 L. The Phase H Amendments to the King County 2012 - Countywide Planning 47 Policies are amended, as shown by Attachment 1:to Ordinance 14654. 48 M. The Phase II Amendments to the King County 2012 - Countywide Planning 49 Policies are amended, as shown by Attachment 1 to Ordinance 14655. 50 N. The Phase II Amendments to the King County 2012.- Countywide Planning .. 51 Policies are amended, as shown by Attachments 1 and 2 to Ordinance 14656. 52 O. The Phase Il Amendments to the King County 2012 - Countywide Planning 53 Policies are amended, as shown by Attachment A to this ordinance. 54 SECTION 3. Ordinance 10450, Section 4; as amended, and K.C.C. 20.10.040 are 55 each herebyamended to read as follows: 56 Ratification for unincorporated King County., 57 A. Countywide- Planning Policies adopted by Ordinance 10450 for the purposes 58 specifiedare hereby ratified on behalf of the population of unincorporated King County. 59 B. The amendments to the Countywide Planning Policies adopted by Ordinance 60 10840 are hereby ratified on behalf of the population of unincorporated King County. 61 C. The amendments to the Countywide Planning Policies adopted by Ordinance 62 11061 are hereby ratified on behalf of the population of unincorporated King County. 9? Ordinance 14844 63 D. The Phase II amendments to the King County 2012 Countywide Planning 64 Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of 65 unincorporated King County. 66 E. The amendments to the King County 2012 -Countywide Planning Policies, as 67 shown by Attachment 1 to Ordinance 12027 are hereby ratified on behalf of the 68 population of unincorporated King County. 69 R The amendments to the King County 2012 - Countywide Planning. Policies, as 70 shown by Attachment 1 to Ordinance 12421, are hereby ratified on behalf of the 71 population of unincorporated King County. 72 G. The amendments to the King County 2012 - Countywide Planning Policies, as 73 shown by Attachments 1 and 2 to Ordinance 13260, are hereby ratified on behalf of the 74 population of unincorporated King County. 75 H. The amendments to the King County 2012 Countywide Planning Policies, as 76 shown by Attachment 1 through 4 to -Ordinance 13415, are hereby ratified on behalf of 77 the population of unincorporated King County. 78 I. The amendments to the King County 2012 - Countywide Planning Policies, as 79 shown by Attachments 1 through 3 to Ordinance 13858, are.hereby ratified on behalf of 80 the population of unincorporated King County. 81 J. The amendments,to the King County 2012 Countywide Planning Policies, as 82 shown by Attachment 1 to Ordinance 14390, are hereby ratified on behalf of the 83 population of unincorporated King County. 4 Ordinance 14844 84 K. The amendments to the King County 2012 - Countywide Planning Policies, as 85 shown. by Attachment 1 to Ordinance 14391; are hereby ratified on behalf of the 86 population of unincorporated King County. 87 L. The amendments to the King County 2012 - Countywide Planning Policies, as 88 shown by Attachment 1 to Ordinance 14392, are hereby ratified on behalf of the 89 population of unincorporated King County. 90 M. The amendments to the King County 2012 - Countywide Planning Policies, as 91 shown by Attachment 1 to Ordinance 14652, are hereby ratified on behalf of the 92 population of unincorporated King County. 93 N. The amendments to the King County 2012 - Countywide Planning Policies, as 94 shown by Attachments 1 through 3 to Ordinance 14653, are hereby ratified on behalf of 95 the population of unincorporated. King County. 96 O. The amendments to the King County 2012 - Countywide Planning Policies, as 97 shown by Attachment 1 to Ordinance 14654, are hereby ratified on behalf of the 98 population of unincorporated King County. 99 P. The amendments to the King County 201.2 - Countywide Planning Policies, as 100 shown by Attachment 1 to Ordinance 14655, are hereby ratified on behalf of the 101 population of unincorporated King County. 102 Q. The amendments to the;King County 2012 - Countywide Planning Policies, as 103 shown by Attachments 1 and 2 to Ordinance 14656, are hereby ratified on behalf of the 104 population of unincorporated King County. 5 Ordinance 14844 - 105 R. The amendments to the King County 2012 - Countywide Planning Policies as 106 shown by Attachment A to this ordinance, are hereby ratifiedon behalf of the population 107 of unincorporated King County. 108 Ordinance 14844 was introduced on 1/20/2004 and passed by the Metropolitan King County Council on 3/8/2004, by the following vote: Yes: 12 - Mr. Phillips; Ms. Edmonds, Mr. von Reichbauer, Ms. Lambert, Mr. McKenna, Mr. Ferguson, Mr. Hammond, Mr. Gossett, Ms. Hague, Mr. Irons, Ms. Patterson and Mr. Constantine No: 0 Excused: 1 - Mr. Pelz KING COUNTY COUNCIL KING COUNTY, WASHINGTON Larry Philli , Chaim ATTEST: Anne Noris, Clerk of the Council APPROVED this day �� of , 2004. Ron Sims, County Executive o z .sue c� o � OD Attachments A. GMPC Motion No. 03-2 --Z -v < e3 � z ca 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 September 17, 2003 Sponsored By: MOTION NO. 03-2 14844 Attachment A Executive Committee A MOTION to amend the Countywide Planning Policies by designating Downtown Auburn (the Auburn Central Business District) as an Urban Center. Downtown Auburn is added to the list of Urban Centers following Countywide Planning Policy LU-39. WHEREAS, A goal of the Growth Management Act is to encourage development in Urban Areas where adequate public facilities exist or can be provided in an efficient manner; WHEREAS, Policy LU-39 of the Countywide Planning Policies of King County describes the criteria for Urban Center designation; WHEREAS, Policy LU-40 of the Countywide Planning Policies of King County describes standards for planned land uses within Urban Centers; WHEREAS, the City of Auburn has demonstrated that Downtown Auburn meets the criteria for designation as an Urban Center; and WHEREAS, King County Comprehensive Plan Policy U-106-supports the development of Urban Centers to meet the region's needs for housing, jobs, services, culture and recreation: 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 14844 - Attachment A THE GROWTH MANAGEMENT PLANNING COUNCIL OF KING COUNTY HEREBY MOVES AS FOLLOWS: Downtown Auburn is designated as an Urban Center. The list of Urban Centers following --Countywide P-lanning P-olic--y L-U-39-is-modified-to include Downtown Xuburn. __ ADOPTED by the Growth Management Planning Council of King County on September 17, 2003 in open session. Ron Sims, Chair, Growth Management Planning Council Metropolitan King County Council Growth Management and Unincorporated Areas Committee Revised Staff Report Agenda Item: Name: Lauren Smith Proposed Ordinance: 2004-0033 Date: SUBJECT: The Growth Management Planning Council recommends amending the Countywide Planning Policies by designating downtown Auburn as an Urban Center. Proposed Ordinance 2004-0033 would adopt this amendment, and ratify the amended Countywide Planning Policies on behalf of unincorporated King County. BACKGROUND: The Growth Management Planning Council and Countywide Planning Policies The Growth Management Planning Council (GMPC) is a formal body comprised of elected of icials from King County, Seattle, Bellevue, the Suburban Cities, and Special Districts. The GMPC was created in 1990 in response to a provision in the Washington State Growth Management Act (GMA) requiring cities and counties to work together to adopt Countywide Planning. Policies (CPPs). Under GMA,'countywide planning policies serve as the framework for each individual jurisdiction's comprehensive plan, and ensure countywide consistency with respect to land use planning efforts. The GMPC drafted the CPPs, which.were then adopted by the King County Council and.ratified by the cities. Subsequent amendments to the CPPs are recommended by the GMPC,. adopted by.the King County Council., and ratified.by the cities. They become effective when ratified by.ordinance or resolution by at least 30% of the city and county governments representing 70% of the population of King County. A city shall be deemed to have ratified an amendment to the countywide planning policies unless, within 90 days of adoption by King County, the city by legislative action disapproves it. The City of Auburn's Request to become an Urban Center In 2003, the,City of Auburn requested that its downtown core be designated as an Urban Center iri the Countywide Planning Policies.. Urban Centers are envisioned in the CPPs as:areas of . concentrated employment and housing,, with direct service by high -capacity transit, and a wide range of other land uses. They are expected to account for up to one half of King County's employment growth and. one:quarter of household growth :over the next 20 years. Designating Auburn's central business district as an Urban Center would involve. amending . Countywide.Planning Policy..LU-39 to add it to the list of existing Urban Centers, which currently includes: Bellevue Kent Federal Way Kirkland Redmond (2) Renton Seattle (5) Tukwila C:%DOCUME-llpedw7melLOCALS-1\TempUegitempt2844.doc 2/27/2004 333PM Urban Center Requirements = In order to be designated as an Urban Center, jurisdictions must meet specific criteria in the Countywide Planning Policies, including having planned land uses to accommodate: A minimum of 15,000 jobs within one-half mile of a transit center; At a minimum, an average of, 50 employees per gross acre; and At a minimum, an average of 15 households per acre. In addition to these requirements, Policy LU-40 states that fully realized Urban Centers shall be characterized by the following--_ -_ _ -- --- - -- Clearly defined geographic boundaries; An intensity/density of land uses sufficient to support effective and rapid transit; Pedestrian emphasis within the Center; Emphasis on superior urban design which reflects the local community- •. Limitations on single -occupancy vehicle usage during peak commute hours; A broad array of land uses and choices within -those land uses for employees and residents; Sufficient public open spaces and recreational opportunities; and Uses which provide both daytime and nighttime activities in the Center. City of Auburn's Existing and Planned Conditions The existing conditions in Auburn's proposed Urban Center are as follows: 6,000 jobs within one-half mile of a transit center; :• An average of 14 employees per gross acre; and An average of less than 1 household per acre. The Countywide Planning Policies recognize that Urban Centers vary substantially in the number of households and jobs they contain at the time of their initial designation, and thus the decision to designate an Urban Center is based on planned, not existing, densities. A jurisdiction shows its commitment to realizing these densities through its comprehensive plan policies, a supportive regulatory environment and a commitment to provide adequate infrastructure. GMPC Recommendation. The GMPC, through the unanimous adoption of Motion 03-2, has declared that the City of Auburn has demonstrated its commitment to developing a fully realized Urban Center as envisioned in the Countywide Planning Policies. Specific findings include: The city has completed the necessary planning to support an Urban Center designation; including the adoption of a new downtown plan in 2001. :• Auburn's new downtown plan supports increased transit -oriented development, pedestrian amenities and strong urban design, and a commitment to eliminating automobile oriented uses in the downtown area. :• Auburn is the site of a major transit hub, which is the centerpiece of approximately $67 million in public works investments in the downtown core. Recent zoning code amendments include the removal of building height limitations in the Urban Center, and reduced parking requirements for uses close to the transit center. Other comprehensive plan policies are in place to support transit use, pedestrian access, economic development, and urban design standards. SUMMARY: Proposed Ordinance 2004-0033 would amend the Countywide Planning Policies by: Adding downtown Auburn to the list of Urban Centers in Policy LU-39 Additionally, the ordinance would ratify the change on behalf of the population of unincorporated King County, as required by Countywide Planning Policy FW-1, Step 9. C:\DOCUME-1�pedrozmeNLOCALS=-11TempVegitemp12844.doc 212712004 3:33 PM CITY OF RENTON, WASHINGTON A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, RATIFYING AMENDMENTS TO THE COUNTYWIDE PLANNING POLICIES. WHEREAS, the Growth Management Act, RCW 36.70A.210, mandates the development and adoption of Countywide Planning Policies for King County; and WHEREAS, King County, the City of Seattle, the City of Bellevue and the Suburban Cities of King County have met jointly as the Growth Management Planning Council (GMPC) to develop and recommend Countywide Planning Policies; and WHEREAS, the City of Renton has ratified the Countywide Planning Policies and subsequent amendments; and WHEREAS, Countywide Planning Policy FW-1 Step 9 provides for an amendment process to change the Planning Policies as may be necessary from time to time; and WHEREAS, on March 8, 2004, the Metropolitan King County Council took action ratifying the proposed amendment to the King County Countywide Planning Policies designating Downtown Auburn as an urban center on behalf of unincorporated King County; and WHEREAS, the amendment process requires ratification of proposed amendments by at least 30 percent of the City and County governments representing 70 percent of the population in King County; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: 1 RESOLUTION NO. SECTION I. The above findings are true and correct in all respects. SECTION II. The proposed amendments to the Countywide Planning Policies are consistent with the adopted City Comprehensive Plan and the adopted City Business Plan. SECTION III. The best interests and general welfare of the City of Renton would be served by ratification of Ordinance 14844 (GMPC Motion 03-2) designating downtown Auburn as an urban center as approved by the King County Council and the Growth Management Planning Council. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 52004. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1037:3/30/04:ma CITY OF RENTON COUNCIL AGENDA B Submitting Data: Dept/Div/Board. Staff Contact.. Subject: Economic Development, Neighborhoods and Strategic Planning Dept./Strategic Planning Division Don Erickson, x6581 PROPOSED ANNEXATION Johnson Annexation — Acceptance of the 60% Direct Petition to Annex Exhibits: Issue Paper, King County Certificate of Sufficiency, 60% Petition to Annex, Council Minutes of 2/9/04 Recommended Action: Council concur Al #: For Agenda of: April 5, 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: Council accepted the 10% Notice of Intent to Commence Annexation petition on February 9, 2004 for this 18.24-acre annexation site located east of 142nd Avenue SE, south of SE 1181h, if extended, and west of 144th Avenue SE, if extended. It also authorized the circulation of a direct petition to annex. The applicant submitted a 60% Direct Petition to Annex on February 18, 2004 and the King County Department of Assessments certified on March 3, 2004 that there were sufficient signatures on the petition representing at least 60% of the area's assessed value. STAFF RECOMMENDATION: Council set April 19, 2004 for a public hearing to consider the 60% Direct Petition to Annex and R-8 prezoning for the proposed Johnson Annexation. If Council accepts the 60% Direct Petition staff recommend that it authorize the Administration to prepare and submit the Notice of Intent package to the Washington State Boundary Review Board for King County. X X Johnson 60% Petition Agenda Bill/ bh CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 29, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: ,Mayor Kathy Keolker-Wheeler 1 FROM: �v Alex Pietsch, Administrator W4 STAFF CONTACT: Don Erickson, x6581 SUBJECT: Johnson Annexation - Acceptance of 60% Direct Petition to Annex ISSUE: Now that the King County Department of Assessments has certified that at least 60% of the annexation area's assessed value is represented by signers of the petition does the City Council want to go ahead and accept this petition to annex? If the Council does wish to accept this petition does it want to authorize the Administration to forward the Notice of Intent package to the Boundary Review Board for their review and evaluation, pursuant to RCW 36.93.090? RECOMMENDATION: Council accept the 60% Direct Petition to Annex for the 18.24-acre Johnson Annexation and authorize the administration to forward the Notice of Intent package for it to the Boundary Review Board. BACKGROUND SUMMARY: The City received the 10% Notice of Intent to Commence Annexation petition on December 19, 2003 and after having the signatures certified by the King County Department of Assessments held a public meeting on it on February 9, 2004. At that time the Council also authorized expanding the southern boundary to take in one abutting parcel and the abutting portion of 142°d Avenue SE, thereby increasing the size of the proposed annexation from 15.66 acres to 18.24 acres. Council at that time required that the annexation area be zoned R-8 upon annexation by the City and that property owners within it assume their proportionate share of the City's outstanding indebtedness. Except for parks no major issues were identified. Johnson Annexation — Acceptance of 60% Direct Petition March 29, 2004 Page 2 Because of wetlands nearby and the potential for flooding future development will be required to mitigate surface water impacts (see attached Background Summary). On February 18, 2004 the City received a 60% Direct Petition to Annex for this 18.24 acre site and forwarded it to King County to verify the signatures and the assessed value they represent. On March 3, 2004 the King County Department of Assessments notified the City that based upon the listed taxpayers, parcel numbers, and assessed value the signatures listed are sufficient under the provisions of RCW 35.13.002 to equal or exceed 60% of the area's assessed value. 1*9121 4iL.`K43-►E The proposed Johnson Annexation has sufficient signatures to comply with the provisions necessary for a 60% Direct Petition based upon having signatures representing at least 60% of the area's assessed value. It also has reasonable boundaries and appears to comply with the Boundary Review Board's objectives. Reviewing staff raised no significant obstacles to annexation. Parks, however, indicated a general deficiency in the area and staff estimates a one time acquisition and improvement cost to the City of $53,290, above what the City would receive from Parks Mitigation fees. The proposed annexation would appear to further the City's business goals and be in the general welfare and interest of the City. Johnson Annexation — 60% Direct Petition 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.info aU7 netroke.gov www.metrokc.gov/assessor/ MAR 5 20®4 Scott Nobble Assessor ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted February 24, 2004 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 Johnson 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 3rd day of March, 2004 Scott Noble, K' g County Assessor (5.®1202M PETITION TO ANNEX TO THE CITY OF RENTON UNDER RCW 35A.14.120 (60 % Petition — Johnson Annexation) TO: THE CITY COUNCIL OF THE CITY OF RENTON 1055 South Grady Way Renton, WA 98055 r Applicant: r;✓ALT&Q &K�/H�Y� Address: 236S QuAia 4kV /�P G9'YDNWOOl�� /qi, $63z (o Telephone No. 92g-6Z/-9 3g�t The undersigned are owners of not less than sixty percent (60%) in value according to the assessed valuation for general taxation, of real property located contiguous to the City of Renton. We hereby petition that such. property be annexed to the City of Renton under the provisions of RCW 35A.14.120 et seq. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and.legal description (Exhibit 2) are included.as part of this petition. In response to a duly fled and.considered "Notice of Intention" to commence annexation proceedings; the City Council of the City of Renton met with the initiating parties under RCW `. -_= _. , , 35A.14.120 on January 8, 2001. The City Council then•deterirmed that the City would accept the proposed annexation. Further; pursuant to RCW 35A,14.120, the undersigned petitioners agree to: (1) Accept the City's simultaneous adoption of zoning regulations for the subject property; (2) Accept the City's Comprehensive Plan designations as they affect the subject property; and (3) Assume their proportional share of the pre-existing City bonded indebtedness. all as noted in the minutes of the Council meeting and contained in the electronic recording of such meeting. WHEREFORE; the undersigned.property owners petition the City Council and ask: (a) That the. City Council fix a date for a public hearing about such proposed annexation, cause a notice to be published and posted, specifying the time and place of such hearing, and inviting all persons who are interested to appear at the hearing and state their approval or disapproval of such annexation or to ask questions; and (b) That following such hearing, and consistent with any approval by the Boundary Review Board, the City Council by ordinance annex the above described territory to become part of the City of Renton, Washington, subject to its laws and ordinances then and thereafter in force, and to receive City public services. This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and may be filed with other pages containing additional signatures. Page 1 of 2 Johnson Annexation 60% Direct Petition to Annex WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than.one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) Page 2 of 2 Proposed Johnson Annexation ,ure 3: Existing Structures Map Structure OEconomic Development, Neighborhoods & Strategic Planning — City Limits Alex Pieuck AmniniAwa G. Dd Rosario �_] Proposed Annex. Area 16 )a.-y 2004 RENTON CITY COUNCIL Regular Meeting February 9, 2004 Council Chambers Monday, 7:30 p.rrL MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF DON PERSSON, Council President; MARCIE PALMER; DENIS LAW; DAN COUNCILMEMBERS CLAWSON; TONI NELSON; RANDY CORMAN. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL EXCUSE ABSENT COUNCILWOMAN TERRI BRIERE. CARRIED. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG. ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; DEREK TODD, Assistant to the CAO; COMMANDER TIM TROXEL, Police Department. PUBLIC MEETING Annexation: Johnson, 142nd Ave SE 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 meeting to consider the 10% Notice of Intent petition for the proposed Johnson Annexation, which consists of 15.66 acres, including the abutting 142nd Ave. SE right-of-way, located between 142nd Ave. SE and 144th Ave. SE, if extended, and between NE 9th St., if extended, and SE 121st St., if extended. Don Erickson, Senior Planner, stated that the site contains seven single-family dwellings, and generally slopes downward from west to east at a 3% slope. He noted that a wetland exists near the southeast corner of the site, and that Honey Creek flows north beyond the eastern edge of the site. The area is served by Fire District #25, Renton water and sewer, and Renton School District. Mr. Erickson reported that current King County zoning is R-4 (four units per gross acre), and Renton's Comprehensive Plan designates the site as Residential Single Family, for which R-8 (eight units per net acre) is proposed. Mr. Erickson noted the receipt of a letter from Carolyn Bigelow, 12110 142nd Ave. SE, Renton, 98059, who requested inclusion in the annexation area. He stated that staff recommends that the boundaries of the site be expanded to include the adjacent 2.39-acre Bigelow parcel and abutting right-of-way. Mr. Erickson reviewed the fiscal impact analysis, which assumes a new home value of $300,000 and an increase to 91 homes at full development, and an increase to 106 homes at full development if the Bigelow property is added. Without the Bigelow property, a deficit of $797 is expected, along with an estimated one- time parks acquisition and development cost of $48,289. With the addition of the Bigelow parcel, a deficit of $275 is expected, with an estimated one-time parks cost of $60,212. In conclusion, Mr. Erickson stated that the annexation proposal is generally consistent with Renton policies and Boundary Review Board criteria, and except for parks, no major service issues have been identified. t• February 9, 2004 Renton City Council Minutes Page 42 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. PUBLIC HEARING This being the date set and proper notices having been posted and published in Annexation: Carlo, 136th Ave accordance with local and State laws, Mayor Keolker-Wheeler opened the SE & 140th Ave SE 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 corner 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 R-4 (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. CITY OF RENTON COUNCIL AGENDA BILL AI #: , Submitting Data: Transportation Systems For Agenda of Dept/Div/Board.. Planning/Building/Public Works April 5, 2004 Agenda Status Staff Contact...... Ryan Zulauf, x 7271 Consent .............. Public Hearing.. Subject: Correspondence.. Federal Aviation Administration Control Tower Lease Ordinance ............. Agreement Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Federal Aviation Administration Lease Information......... No. DTFANM-03-L-00150 Attachments A, B and C to Lease Agreement Recommended Action: Approvals: Legal Dept......... X Refer to Transportation/Aviation Committee Finance Dept...... Risk Management Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $25,755 / yr Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Federal Aviation Administration has leased a portion of the Airport control tower since 1961, and desires to lease the building for another ten (10) years. A new lease agreement has been written, which extends the term of the original agreement for another ten (10) years, to expire on January 30, 2014. Attachment B of the Lease titled "Central Station Fire Alarm Monitoring" includes the formal Bill of Sale for the fire monitoring and fire control system for the control tower building. The FAA installed this system a few years ago. While the City has been maintaining the system, formal transfer of ownership had not occurred. Execution of the Bill of Sale will formally transfer this system to the City of Renton. STAFF RECOMMENDATION: Transportation Division recommends Council approve the new lease agreement with the Federal Aviation Administration. H:Trans/Admin/Agenda2004/Highlands Sidewalk Improvement project 2004 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: April 5, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: �� jMayor Kathy Keolke� eeler ` FROM: �U Gregg Zimmerman�P/B/PW Administrator STAFF CONTACT: Ryan Zulauf, x7471 SUBJECT: Approval of Federal Aviation Administration Control Tower Lease Agreement ISSUE: The Federal Aviation Administration has leased a portion of the Airport control tower since 1961, and desires to continue leasing the building for another ten (10) years. A new lease agreement has been written, which extends the term of the original lease agreement for another ten (10) years, to expire on January 30, 2014. RECOMMENDATION: The Transportation Division recommends Council approve the new lease agreement with the Federal Aviation Administration. BACKGROUND SUMMARY: The Federal Aviation Administration provides air traffic control services to the Renton Airport. They require the use of the second, third, fourth and tower cab floors of the Airport -owned, control tower building in order to provide these services. A new lease agreement is written every 5 to 10 years by the Federal Aviation Administration for the use of the control tower building. Attachment B of the Lease titled "Central Station Fire Alarm Monitoring" includes the formal Bill of Sale for the fire monitoring and fire control system for the control tower building. The FAA installed this system a few years ago. While the City has been maintaining the system, formal transfer of ownership had not occurred. Execution of the Bill of Sale will formally transfer this system to the City of Renton. H:Trans/Admin/AgendaBill 2004/FAA Lease Issue Paper LAG #001-04- ATCT Renton, Washington FEDERAL AVIATION ADMINISTRATION LEASE FOR REAL PROPERTY LEASE NUMBER DTFANM-03-L-00150 Date of Lease: 1. THIS LEASE, entered into by and between City of Renton, whose interest in the property hereinafter described is that of owner, hereby referred to as LESSOR, and the United States of America, hereinafter referred to as the GOVERNMENT OR FAA: WITNESSETH: The Parties hereto, and for the consideration hereinafter mentioned, covenant and agree as follows: 2. DESCRIPTION OF PREMISES - The LESSOR hereby leases to the GOVERNMENT the following described premises: 1,717 net usable square feet of space on the main, second, third, fourth and fifth floors of the Air Traffic Control Building, with the location address of Renton Municipal Airport, 616 West Perimeter Road, Renton, WA 98055-1348. This 1,717 square feet is comprised of the following (see Attachment C): Room Name Floor No. Area (Sq. Ft.) Ready and training room 4 218 Telco equipment room 1 (NW Corner) 71 ATCT Chiefs office 2 126 Administrative area 2 165 Training room 2 58 Storage 2 95 Equipment room 3 479 Kitchen 4 181 Tower Cab 5 324 Total 1,717 The Government will also be allowed twenty-four hour a day access to the 1st floor equipment room (where the electrical control panels are located) located in the City's Airport Office. Two on -site parking spaces for Government vehicles shall also be provided as part of the lease. 3. TERM - To have and to hold, for the term commencing on January 1, 2003, and continuing through January 30, 2014 inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals. This Lease succeeds Lease Number DTFA11-91-L-00073, which expired on December 31, 2002. 4. PURPOSE - Use of Premises: The Premises are leased to the GOVERNMENT for the following described purpose: 4a. The control of air traffic for Renton Municipal Airport, in accordance with the Airport Minimum Standards for Aeronautical Activities. 4b. Continuous Use: GOVERNMENT covenants that the premises shall be continuously used for those purposes during the term of the lease, shall not be allowed to stand vacant or idle, and shall not be used for any other purpose without LESSOR's written consent first having been obtained. Consent of LESSOR to other types of activities will not be unreasonably withheld. LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 5. CANCELLATION - Either party may terminate this lease at any time, in whole or in part, if either party determines that it is in the best interest of the Government or the LESSOR, by giving at least thirty (30) days notice in writing to the other party. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. Should the LESSOR elect to terminate this lease, then Air Traffic Control Services will no longer be required and the government's obligation to provide those services are also terminated at the same time as the termination of the lease. 6. RENTAL A. INITIAL RENT - Annual rent in the amount of TWENTY-FIVE THOUSAND, SEVEN HUNDRED FIFTY-FIVE AND N0/100 DOLLARS ($25,755.00) shall be payable to the LESSOR in arrears at the end of each month, in the amount of $2,146.25, and will be due on the first workday of each month, without the submission of invoices or vouchers. Rent shall be considered paid on the date a check is dated or an electronic funds transfer is made. Rent for a period of less than a month shall be prorated. Checks will be made payable to: City of Renton, 1055 S. Grady Way, Renton, WA 98055-1348. Rental for the premises shall be broken down as follows: Base Rent: 1,717 sq. ft. @ $12.00*/sq ft $20,604.00 Services: 1,717 sq. ft. @ $3.00/sq ft $5,151.00 Annual Amount $25,755.00 Monthly Amount $2,146.25 *Base Rent includes $5.52 for HVAC and Copper Tubing (potable water line) improvements. This amount shall remain as part of the base rent until the period beginning October 1, 2015. B. RENTAL ADJUSTMENT DATE - Effective as of January 1, 2002, the starting date of this lease, and every three (3) years thereafter, said rental rate as herein specified shall be readjusted by and between the parties to be effective for each ensuing three (3) year period. Rental increases will be at 3% for each three (3) year period as follows: Jan 2002 thru Jan 2005 $25,755.00 Jan 2005 thru Jan 2008 $26,528.00 Jan 2008 thru Jan 2011 $27,324.00 Jan 2011 thru Jan 2014 $28,144.00 In addition, beginning with the annual term of October 1, 2004 — September 30, 2005, the cost of services may be adjusted upward or downward. Adjustments will be effective at the beginning of each year that the lease is renewed, provided that the LESSOR submits a written notice 60 days in advance of the renewal date (August 1st of each year) and provided also that the LESSOR supplies documentation that actual costs have exceeded the current rates. C. PERIODIC RENTAL ADJUSTMENTS - LESSOR and GOVERNMENT do hereby agree that the annual Base Rent of TWELVE DOLLARS AND NO/100 DOLLARS ($12.00) per square foot per year and THREE DOLLARS ($3.00) per square foot per year for services shall remain in effect until January 1, 2005 and effective as of that date the rental rate shall automatically be readjusted by and between the parties as specified in paragraph 6B. D. CONTRACT DISPUTES - All contract disputes and arising under or related to this lease contract shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at 2 LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A Lessor may seek review of a final FAA decision only after its administrative remedies have been exhausted. (61)1) All Contract Disputes shall be in writing and shall be filed at the following address: Office of Dispute Resolution for Acquisition, AGC-70, Federal Aviation Administration, 800 Independence Ave, S.W., Room 323, Washington, DC 20591, Telephone: (202) 267-3290, Facsimile: (202) 267-3720 (6D2) A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the lease contract claim involved. A contract dispute is considered to be filed on the date it is received by the ODRA. The full text of the Contract Disputes clause is incorporated by reference. The full text can be found via Internet at Contract Dispute Full Clause. E. EMERGENCY RESPONSE - GOVERNMENT must provide reasonable access and response to the Airport Manager in times of emergency or urgency. F. LATE PAYMENT CHARGE - It is hereby further agreed that if such rental is not paid before the 1 Oth of each month, then there will be added a late payment charge of 5% per month for each month of delinquency until paid. It is agreed that this late payment charge is a reasonable estimate of the increased costs to the city of the staff effort to monitor and collect late payments, as well as related city expenses due to such late payment. If any check received by LESSOR is returned unpaid for any reason, LESSOR reserves the right to make an additional charge up to the maximum amount allowed by law. 7. SERVICES AND UTILITIES (To be provided by LESSOR as part of rent. Services shall be Building Standard, unless level of service is prescribed in Attachment A.) Services, utilities, and maintenance will be provided daily. Services supplied to technical equipment shall be supplied 24 hours a day, and seven days a week. The GOVERNMENT shall have access to the leased premises at all times, including the use of electrical services, toilets, lights, , and GOVERNMENT office machines without additional payment. The following checked boxes reflect the services that the LESSOR will provide to the GOVERNMENT for the leased premises: ❑ HEAT ONLY ❑ ELECTRICITY — Operation of lights, computers, and office machines. ® WATER (hot & cold) ® SNOW REMOVAL Removal of snow and ice from the entrances, exterior walks, and parking areas around the premises (during the hours of normal airport operation). ® Trash Removal ® HVAC — Temperatures between 65 and 70 degrees Fahrenheit during the heating season.* Air conditioning (for the tower cab only) sufficient to maintain temperatures between 76 and 80 degrees Fahrenheit during the cooling season.* ® GROUND MAINTENANCE — Landscape plants and lawn. ® INITIAL & REPLACEMENT LAMPS, TUBES, & BALLASTS ® PAINTING — Frequency: every five years for interior leased premises. 3 LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 ® OTHER (SPECIFY): *Both heating and cooling (where applicable) temperatures must be maintained throughout the leased premises and service areas, regardless of outside temperatures, during the Government's hours of operation; Exterior and interior door lock hardware, designed to accept 7-pin "Best Lock" removable cores; Extermination and control of pests within the premises; Access to and use of main entry lobby and common hallways; monitoring of the fire alarm system, including maintenance and annual inspection of the system panel, and the fan system for stairwells. 8. GENERAL CLAUSES: A. INSPECTION - The GOVERNMENT reserves the right, at any time after the Lease is signed and during the term of the Lease, to inspect only the leased premises and all other common areas of the building to which access is necessary to ensure a safe and healthy work environment for the GOVERNMENT tenants and the LESSOR's performance under this lease. The GOVERNMENT shall have the right to perform sampling of suspected hazardous conditions. B. DAMAGE BY FIRE OR OTHER CASUALTY - If the building or structure is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased premises is untenantable as determined by the GOVERNMENT, the GOVERNMENT may terminate the Lease, in whole or in part, immediately by giving written notice to the LESSOR and no further rental will be due. C. MAINTENANCE OF THE PREMISES - The LESSOR shall maintain the demised premises, including the building, grounds, and all equipment, fixtures, and appurtenances furnished by the LESSOR under this Lease, in good repair and tenantable condition, except in case of damage arising from the act or the negligence of the Government's agents or employees. For the purpose of so maintaining said premises and property, the LESSOR may at reasonable times, and with the approval of the authorized Government representative in charge, enter and inspect the same and make any necessary repairs thereto. D. FAILURE IN PERFORMANCE - In the event the LESSOR fails to perform any service, to provide any item, or meet any requirement of this Lease, the GOVERNMENT may perform the service, provide the item, or meet the requirement, either directly or through a contract. The GOVERNMENT may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause shall constitute default by the GOVERNMENT on this Lease. E. DEFAULT BY LESSOR - (1) Each of the following shall constitute a default by LESSOR under this Lease: (a) If the LESSOR fails to perform the work required to deliver the leased premises ready for occupancy by the GOVERNMENT with such diligence as will ensure delivery of the leased premises within the time required by the lease agreement, or any extension of the specified time. (b) Failure to maintain, repair, operate or service the premises as and when specified in this Lease, or failure to perform any other requirement of this Lease as and when required provided such failure which shall remain uncured for a period of time as specified by the Real Estate Contracting Officer, following LESSOR's receipt of written notice thereof from the Real Estate Contracting Officer. (c) Repeated failure by the LESSOR to comply with one or more requirements of this Lease shall constitute a default notwithstanding that one or all failures shall have been timely cured pursuant to this clause. (2) If default occurs, the GOVERNMENT may, by written.notice to the LESSOR, terminate the Lease in whole or in part. F. DEFAULT BY LESSEE - (1) Each of the following shall constitute a default by the Government under this Lease: (a) If the Government fails to pay the applicable rents and charges (b) damages the building, (c) neglects to maintain the air traffic control functions necessary for safe flight or (d) fails to comply with any requirements of this lease G. COMPLIANCE WITH APPLICABLE LAWS - The LESSOR shall comply with all federal, state and local laws applicable to the LESSOR as owner or LESSOR, or both, of building or 11 LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at LESSOR's expense. This Lease shall be governed by Federal law. H. ALTERATIONS - The GOVERNMENT shall have the right during the existence of this Lease to make alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises shall be and remain the property of the GOVERNMENT and may be removed or otherwise disposed of by the GOVERNMENT subject to the LESSOR's approval not to be unreasonably withheld. Upon completion of capital improvements made on the Premises, it is the GOVERNMENT's responsibility to promptly notify LESSOR of such completion (see Restoration clause #C2 - Attachment A). I. ACCESSIBILITY - The Building and the leased premises shall be accessible to the handicapped in accordance with FED-STD-795, the Uniform Federal Accessibility Standards (41 CFR 101- 19.6, App. A) and all applicable state and local accessibility laws and regulations. J. OFFICIALS NOT TO BENEFIT - No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. K. COVENANT AGAINST CONTINGENT FEES - The LESSOR warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the GOVERNMENT shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. L. ANTI -KICKBACK - The Anti -Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. M. EXAMINATION OF RECORDS - The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall, until 3 years after final payment under this contract have access to and the right to examine any of the LESSOR's directly pertinent books, documents, paper, or other records involving transactions related to this contract. N. ASSIGNMENT OF CLAIMS - Pursuant to the Assignment of Claims Act, as amended, 31 USC 3727, 41 USC 15, the LESSOR may assign his rights to be paid under this Lease. O. SUBORDINATION, NONDISTRUBANCE AND ATTORNMENT (10/96) - The GOVERNMENT agrees, in consideration of the warranties herein expressed, that this Lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such subornation shall not interfere with any right of the GOVERNMENT under this Lease. The Parties hereto mutually agreed that this subordination shall be self - operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the GOVERNMENT will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the LESSOR under this Lease, establishing direct privity of estate and contract between the GOVERNMENT and said purchasers/transferees, with the same force, effect and relative priority in time and right as if the Lease had initially been entered into between such purchasers or transferees and the GOVERNMENT; provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed 5 LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. P. LESSOR'S SUCCESSORS - The terms and provisions of this lease and the conditions herein bind the LESSOR and the LESSOR's heirs, executors, administrators, successors, and assigns. Q. NO. WAIVER - No failure by the either party to insist upon strict performance of any provision of this Lease, or failure to exercise any right, or remedy consequent to a breach thereof, shall constitute a waiver of any such breach in the future. R. INTEGRATED AGREEMENT - This Lease, upon execution, contains the entire agreement of the parties, and no prior written or oral agreement, express or implied shall be admissible to contradict the provisions of this Lease. S. EQUAL OPPORTUNITY - The LESSOR shall have on file affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2). T. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS - The LESSOR agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended. If the LESSOR does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. U. AFFIRMATIVE ACTION FOR DISABLED WORKERS - The LESSOR agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 USC 793) (the Act), as amended. If the LESSOR does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. V. LIMITATION UPON LESSOR'S LIABILITY - LESSOR shall not be liable for any damage to property or persons caused by, or arising out of any act or omission of any GOVERNMENT or other occupants of the building, or their agents, servants, employees or invitees thereof. W. RIGHT OF INSPECTION - GOVERNMENT will allow LESSOR, or LESSOR's agent, free access at all reasonable times to the Premises for the purpose of inspection, or of making repairs, additions or alterations to the Premises, or any property owned by or under the control of LESSOR. X. HOLDING OVER - If, without execution of any extension or renewal of this lease GOVERNMENT should remain in possession of the premises after expiration or termination of the term of this lease, then GOVERNMENT shall be deemed to be occupying the Premises as a tenant from month -to -month. All the conditions, terms, and provisions of this lease, insofar as applicable to a month -to -month tenancy, shall likewise be applicable during such period. Y. NO WAIVER - It is further covenanted and agreed between the parties hereto that no waiver by LESSOR of a breach by GOVERNMENT of any covenant, agreement, stipulation, or condition of this lease shall be construed to be a waiver of any succeeding breach of the same covenant, agreement, stipulation, or condition, or a breach of any other covenant agreement, stipulation, or condition. The acceptance by the LESSOR of rent after any breach by the GOVERNMENT of any covenant or condition by GOVERNMENT to be performed or observed shall be construed to be payment for the use and occupation of the premises and shall not waive any such breach or any right of forfeiture arising therefrom. Z. NOTICES - All notices under this lease shall be in writing and delivered in person, with receipt therefor, or sent by certified mail, in the case of any notice unto LESSOR, at the following address: Airport Manager 616 West Perimeter Road 0 LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 Renton, Washington 98055 and in case of any notice unto GOVERNMENT shall be sent to: Federal Aviation Administration 1601 Lind Ave SW Renton, WA 98055, ANM-53R AA. CAPTIONS - Article and paragraph captions are not a part hereof. BB. ENTIRE AGREEMENT - This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of the modification. CC. CUMULATIVE REMEDIES - No remedy or election hereunder shall be deemed exclusive, but shall wherever possible, be cumulative with all other remedies at law or in equity. DD. TRANSFER OF PREMISES BY LESSOR - In the event of any sale, conveyance, transfer or assignment by LESSOR of its interest in the Premises, LESSOR shall be relieved of all liability arising from this Lease and arising out of any act, occurrence or omission occurring after the consummation of such sale, conveyance, transfer or assignment. The LESSOR's transferee shall be deemed to have assumed and agreed to carry out all of the obligations of the LESSOR under this Lease, including any obligation with respect to the return of any security deposit. With the exception of anything specified in the buy sell agreement. 9. NET USABLE SPACE. Net usable space is the method of measurement for the area for which the Government will pay a square foot rate. It is determined as follows: If the space is on a single tenancy floor, compute the inside gross area by measuring between the inside finish of the permanent exterior building walls or from the face of the convectors (pipes or other wall -hung fixtures) if the convector occupies at least 50 percent of the length of exterior walls. If the space is on a multiple tenancy floor, measure from the exterior building walls as above and to the room side finish of the fixed corridor and shaft walls and/or the center of tenant separating partitions. In all measurements, make no deductions for columns and projections enclosing the structural elements of the building and deduct the following from the gross area including their enclosing walls: rest rooms and lounges, stairwells, elevators and escalator shafts, building equipment and service areas, entrance and elevator lobbies, stacks and shafts, and corridors in place or required by local codes and ordinances. 10. INTERFERENCE WITH GOVERNMENT OPERATIONS. The LESSOR shall, upon notice by the Government, immediately cease any operation or alleviate any physical confrontation that has or may cause interference with the Government's facility. 11. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES. The LESSOR agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this Lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government facilities will be at the expense of the LESSOR, except when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are 7 LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 necessitated due to causes not attributable to either the LESSOR or the Government, funding responsibility shall be determined jointly by the LESSOR and the Government. 12. DISPLAY ADVERTISING. If the leased premises are solely for Government use, no advertising matter shall be constructed on or over the premises, unless authorized by the Contracting Officer. 13. INSTALLATION OF ANTENNA, CABLES AND OTHER APPURTENANCES. The Government shall have the right and privilege to install, operate and maintain antennas, wires and their supporting structures including any linking wires, connecting cables and conduits atop and within the Control Tower building and Control Tower grounds, as deemed necessary by the Government. 14. INSPECTION OF PREMISES. At all times after receipt of offers, prior to or after acceptance of any offers, or during any construction, remodeling, or renovation work, the premises and the building or any parts thereof, upon reasonable and proper notice, must be accessible for inspection by the Contracting Officer, or by architects, engineers, or other technicians representing him, to determine whether the essential requirements of the solicitation or the lease requirements are met. Additionally, the Government reserves the right, upon reasonable notice, to inspect and perform bulk sampling and analysis of suspected asbestos containing materials and to monitor the air for asbestos fibers in the space offered or under lease as well as other areas of the building deemed necessary by the Contracting Officer. Also, the Government shall have the right to inspect the premises for any leaks, spills, or other potentially hazardous conditions, which may involve tenant exposure to Polychlorinated Biphenyls (PCBs). 15. ATTACHMENTS ❑ See herein attached - Attachment "A" — Additional Lease Provisions and Attachment "B" - Central Station Fire Alarm Monitoring, and Attachment C — Government Leased Area. FIN LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 IN WITNESS WHEREOF, the parties hereto have signed their names: GOVERNMENT: by its: Date: Approved as to legal form: Lawrence G. Warren City Attorney LESSOR: THE CITY OF RENTON a Washington municipal corporation by Kathy Keolker-Wheeler Mayor Date: ATTEST: Bonnie Walton City Clerk Date: L LAG #001-04- ATCT Renton, Washington ATTACHMENT A Lease Number DTFANM-03-L-00150 I. SECTION A - SERVICES, UTILITIES, AND MAINTENANCE A 1-Grounds Maintenance The LESSOR shall maintain in good condition landscape plants and lawns. The LESSOR shall also remove snow and ice from the entrances, exterior walks and parking areas around the premises, prior to and during the Government's normal operating hours. H. SECTION B - SAFETY AND FIRE PREVENTION B1-Fire and Safetv Reouirements All NFPA Standards addressed in this section reference the current edition of NFPA in place at the signing of this contract. At any point when construction takes place, systems should be brought into compliance according to the current edition of NFPA. The building shall, as required by Code, be equipped with automatic sprinklers which conform to NFPA No. 13, be maintained in accordance with NFPA No. 13A, have electrically supervised control valves (NFPA No. 13), and have water -flow alarm switches connected to automatically notify the local fire department (NFPA No. 72) or central station (NFPA No. 71). The notification of the fire department or central station shall be accomplished through the building fire alarm system. Regardless of code requirements when the leased space (including garage areas under lease by the FAA) is on the 6th floor and above, or below grade, sprinklers are required. A manual fire alarm system shall be provided, maintained, and tested by the LESSOR in accordance with NFPA Standard No. 71 and 72 in buildings, which are three (3) or more stories in height or contain more than 50,000 square feet gross floor area. The fire alarm system wiring and equipment must be electrically supervised and automatically notify the local fire department and conform to NFPA Standards No. 70 and 72. Engineered smoke control systems, if present, shall be maintained in accordance with the manufacturer's recommendations. Fire -safety, equivalent to the requirements stated above in this clause, may be accepted, at the discretion of the Real Estate Contracting Officer, if certified by a Licensed Fire Protection Engineer. Portable fire extinguishers shall be provided, inspected, and maintained by the LESSOR in accordance with NFPA Standard No.10. 132- Indoor Air Oualit The LESSOR shall control contaminants at the source and/or operate the space in such a manner that the indicator levels for carbon monoxide (CO), carbon dioxide (CO2), and formaldehyde (HCHO), are not exceeded. The indicator levels for office area are as follows: CO-9 parts per million (PPM) time weighted average (TWA - 8-hour sample); CO2 - 1,000 PPM (TWA); HCHO - 0.1 PPM (TWA). All indoor air contaminant levels in leased space will be kept below appropriate OSHA regulations or Consensus standards, whichever is stricter. Air quality and facility cleaning will be adequate to prevent the growth of mold, mildew and bacteria. Any visual evidence of these will require immediate sampling and remediation. Moisture/standing water will be controlled to prevent the growth of these. During working hours, ventilation shall be provided in accordance with the latest edition of ANSI/ASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality. The LESSOR shall promptly investigate indoor air quality (IAQ) complaints and shall implement controls including alteration of building operating procedures (e.g., adjusting air intakes, adjusting air distribution, LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 cleaning and maintaining HVAC, etc.). The FAA is responsible for addressing IAQ problems resulting from its own activities. MSDS will be provided for all cleaning solutions used in the FAA spaces. 133-OSHA Requirements The LESSOR shall provide space, services, and conditions that comply with Occupational Safety and Health Administration (OSHA) safety and Health standards (29 CFR 1910 and 1926). B4-Radon Radon levels in in the air traffic control tower as described in "Section 2 - Description of Premises", shall not equal or exceed the EPA action level for homes of four (4 ) picocuries per liter (PCl/L). If radon levels are found to be at or above 4 PCl/L, the LESSOR shall develop and promptly implement a plan of corrective action. 135-Warrantv Of Space (a) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the LESSOR warrants that all space as described in "Section 2 - Description of Premises", leased to the Government under this contract, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, engineering spaces in the same ventilation zone as the leased space, public spaces and common use space (e.g., lobbies, hallways) will, at the time of acceptance and during the term of the lease contract, comply with the asbestos containing material (ACM) and polychlorinated biphenyl (PCB) requirements of the Toxic Substance Control Act. The Real Estate Contracting Officer shall notify the LESSOR in writing, within 30 days after the discovery, of any failure to comply with the asbestos requirement. With any construction work, LESSOR would be required to comply with the OSHA regulations for Asbestos and relevant FAA orders (b) The leased premises as described in "Section 2 - Description of Premises", shall be free of all asbestos - containing material, PCB's, Radon, and other environmentally hazardous substances. If either ACMs or PCBs are found to be in the leased space the Government reserves the right to require the LESSOR, at no cost to the GOVERNMENT, to take whatever corrective action as might be required by the Toxic Substance Control Act, EPA regulations and state requirements. All facilities constructed prior to 1981 are to have an asbestos building survey conducted by a qualified inspector including a visual examination and bulk sampling. All ACM survey reports are to be made available to the Real Estate Contracting Officer. (c) If the LESSOR fails, after receipt of notice, to make correction within the specified period of time, the Government shall have the right to make correction and charge to the LESSOR the costs occasioned to the FAA or terminate the lease agreement with a ninety (90) day written notice to the LESSOR at no cost to the Government. In the event that the correction needed cannot wait 90 days, than the airport will respond promptly. (d) The rights and remedies of the FAA in this clause are in addition to any other rights and remedies provided by the law and under this contract. (e) Definitions. (1) "Acceptance", as used in this clause means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, the leased premises as ready for occupancy or approves a portion of the premises for occupancy in accordance with the provisions of this lease contract. (2) "Correction", as used in this clause, means (i) the removal, encapsulation or enclosure of any friable asbestos materials found in the space leased to the Government, spaces above suspended 2 LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 ceilings in the leased space, air plenums elsewhere in the building which service the leased space, public spaces, engineering spaces in the same ventilation zone as the leased space and common use space (e.g., lobbies, hallways). Following such abatement actions, the LESSOR shall adhere to the FAA's required post -asbestos -abatement air monitoring program. (ii) With regard to non - friable asbestos materials in good condition, it means the establishment and execution of a special operations and maintenance program and an abatement plan, approved by the Government, to be implemented from the time the materials are discovered through the remainder of the lease term, and (iii) with regard to PCBs, it involves the removal or retrofitting, in accordance with EPA regulations, of any PCB equipment present in the building. III. SECTION C — MISCELLANEOUS C1- Erection of Signs The Government shall have the right to erect on or attach to the LESSOR's premises such signs as may be required to clearly identify the Government's facility in compliance with the LESSOR's sign code. Said signs so erected will remain the property of the Government and shall be removed from the premises upon termination of the Lease. Any existing signs already placed on the premises by the Government are "grand fathered" as of the date of this lease. C2- Restoration In the event that the Government vacates the facility, all restoration issues will be determined by mutual consent between the Airport and the Government thirty (30) days prior to the Government's vacation of the facility. IV. SECTION D — SECURITY REQUIREMENTS D 1 —Personnel Securit D1A -Suitabilitv Reauirements for Individual(s) EmDloved or Hired by the LESSOR (a) The LESSOR shall provide a level of security, which reasonably deters unauthorized access, loitering, or disruptive acts to the premises leased by the government at all times. (b) When the LESSOR provides services under the terms of this Lease, (e.g., janitorial, construction, maintenance, property management, or alterations/repair services), the Government may conduct background investigations of individual(s) employed or to be hired by the LESSOR to perform such services. (c) Individual(s) will not be permitted unescorted access to provide services in or upon the Leased premises until the FAA Servicing Security Element (SSE) has received the documentation outlined in subparagraph (d), (i), (ii), and (iii), below and provided written authorization for the individual(s) to begin work. (d) No later than ten (10) calendar days after the effective date of this Lease, (or the effective date of Supplemental Lease Agreement [SLA] or modification if this provision is included by SLA or modification to an existing lease), the LESSOR shall submit the following documentation for all individual(s) employed by the LESSOR for whom unescorted access to the premises is required. Such documentation shall be submitted to the Government representative as designated by the Real Estate Contracting Officer (RECO), or designee, for an access suitability determination. (i) A completed FBI Fingerprint Card, FD-258 (single sheet). The Government will provide information pertaining to the location of fingerprint facilities. Each fingerprint card shall be printed in 3 LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 black ink or typewritten with all questions completed and is to be signed and dated by the applicant. The LESSOR will be responsible for all expenses associated with fingerprinting; (ii) A completed Identification Card/Credential Application, DOT Form 1681, with appropriate pictures of applicant; and, (iii) A Questionnaire for Public Trust Positions, Standard Form 85P, shall be completed and signed by the applicant in accordance with applicable instructions. (e) The Government shall notify the LESSOR when individual(s) employed or hired by the LESSOR have been approved for unescorted access to the Leased premises. (f) The LESSOR and all individuals employed or hired by the LESSOR shall display a Government issued identification badge when visiting or providing services in or upon the Leased premises and shall abide by all facility security measures as required by the Government (g) The LESSOR shall submit the documentation required in subparagraph (d), (i), (ii), and (iii) of this Clause for any new individual(s) employed or hired by the LESSOR to perform services under this Lease. Such information shall be submitted to the Government within ten (10) calendar days of employment and/or hiring by the LESSOR. (h) The LESSOR will immediately remove from the Leased premises any individual(s) employed or hired by the LESSOR to perform services under this Lease when the government has determined such individuals to be unsuitable for continued access to the Leased premises. (i) Exemptions from Suitability Requirements (i) Certain positions may be determined by the Government to be exempt from background investigative requirements. However, individual(s) employed or hired for such positions shall be escorted at all times while in or upon the Leased premises by FAA personnel located on -site or by an individual(s) employed or hired by the LESSOR, who has been properly investigated, favorable adjudicated, and authorized to provide escort services. (ii) When the Government determines any positions(s) to be exempt from investigative requirements, individuals employed in such positions are not required to complete the documentation as specified in subparagraph (d), (i), (ii), and (iii) of this Clause. D I B - Renortine Reauirements (a) The LESSOR shall submit an initial report (to coincide with the effective date of this Lease) and subsequent quarterly reports (throughout the term of this Lease), providing the following information to (RECO, or designee, to fill in as appropriate) with a copy to (RECO, or designee, to fill in as appropriate) on or before the fifth day following each reporting period: A complete listing by full name, in alphabetical order, with the date of birth, place of birth (city, state, country), and position title of all individuals employed or hired by the LESSOR who will have or may require access to the Leased premises during the reporting period. (b) The LESSOR shall notify the Government within one (1) day upon termination of any individual(s) employed or hired by the LESSOR to perform services under this Lease. D1C - Foreign Nationals Employed or Hired by the LESSOR (a) Each individual(s) employed or hired by the LESSOR to perform services under this Lease is to be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence M LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 from the United States Immigration and Naturalization Service that employment will not affect his/her immigration status. (b) Aliens and foreign nationals employed or hired by the LESSOR to perform services under this Lease must have resided within the United States for three (3) consecutive years of the last five (5) years unless a waiver of this requirement has been granted by the SSE in accordance with FAA regulations. D2C - Government -Issued Kevs. Identification Badges. Access Control Cards and Vehicle Decals (a) It may become necessary for the Government to issue keys, identification (ID) cards, vehicle decals, and/or access control cards to the LESSOR or to individual(s) employed or hired by the LESSOR to perform services. Immediately upon completion or termination of the Lease, the LESSOR shall return all such Government -issued items to the issuing office with notification to the RECO, or designee. When individuals who have been issued such items are terminated or are no longer required to perform work, the Government -issued items shall be returned to the Government within three (3) workdays. Improper use, possession or alteration of FAA issued keys, ID cards, access control cards is a violation of security procedures and is prohibited. (b) In the event such keys, ID cards, vehicle decals or access control cards are not returned, the LESSOR understands and agrees that the Government may, in addition to any other withholding provision of the Lease, withhold fees to cover the cost of replacement for each key, ID card, vehicle decal and access control card not returned. If the keys, ID cards, vehicle decals, or access control cards are not returned within 30 days from the date the withholding action was initiated, the LESSOR will forfeit any amount so withheld. (c) Access to aircraft ramp/hangar areas is authorized only to those automobile drivers using a proximity card issued by the LESSOR issued in accordance with Federal Aviation Regulations. (d) The Government retains the right to inspect, inventory, or audit ID cards, keys, vehicle decals, and access control cards issued to the LESSOR or individual(s) employed or hired by the LESSOR to perform services in connection with the Lease at the convenience of the Government. Any items not accounted for to the satisfaction of the Government shall be assumed to be lost and the provisions of subparagraph (b) above shall apply. (e) Keys and access control cards shall be obtained from the RECO, or designee, who will require the LESSOR, or individual(s) employed or hired by the LESSOR to perform services, to sign a receipt for each key obtained. Lost keys, ID cards, vehicle decals, and access control cards shall immediately be reported concurrently to the RECO, or designee, and the (RECO, or designee, to insert name of SSE staff and facility management office) (f) Each individual(s) employed or hired by the LESSOR, during all times of on -site performance at the Government -leased facility, shall prominently display his/her current and valid identification card on the front portion of his/her body between the neck and waist. (i) Individual(s) employed or hired by the LESSOR to perform services under this Lease shall submit complete documentation required under 1, Suitability Requirements for Individual(s) Employed or Hired by the LESSOR, above, and be authorized by the SSE to begin work prior to obtaining any ID media or vehicle decals. (ii) To obtain the ID card, each individual shall submit a DOT 1681 Form, signed by the individual and authorized by the RECO, or designee. The DOT 1681 shall be submitted at the same time the documentation outlined in 1, Suitability Requirements for Individual(s) Employed or Hired by the LESSOR, above is submitted. The DOT 1681 shall contain, at a minimum, under the "Credential Justification" heading, the name of the LESSOR, the Lease number or the appropriate acquisition identification number, the expiration date of the Lease or the service (whichever is sooner), and the required signatures. This paperwork shall be submitted to [RECO, 5 LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 or designee, to insert the name and location of the SSE staff] by the LESSOR in a sealed envelope either hand carried by the LESSOR or sent via U.S. mail to: [RECO or designee to insert mailing address]. The LESSOR will be notified when the DOT 1681 has been approved and is ready for processing by the [RECO, or designee, to insert name and location of the person who will process the document]. Arrangements for processing the identification cards, including photographs and lamination can be made by contacting [RECO, or designee, to insert point of contact with phone number]. (iii) The LESSOR shall receive and sign for each ID card issued on the reverse of the DOT 1681. The Government, for accountability purposes, will track the DOT 1681. (g) The LESSOR is responsible for ensuring final out -processing is completed for all departing individuals employed or hired by the LESSOR. Final out -processing will be completed by close of business the final workday for all individual(s) employed or hired by the LESSOR or the next day under special conditions. Contractor employee clearance forms, (RECO, or designee, to insert name of local contractor employee clearance form), will be completed by the LESSOR for each individual(s) employed or hired by the LESSOR to perform services, and copies will be distributed to the RECO, or designee, and the SSE, (RECO, or designee, to insert SSE staff) upon completion of such forms. m LAG #001-04- ATCT Renton, Washington ATTACHMENT "B" CENTRAL STATION FIRE ALARM MONITORING 1.0 GENERAL INFORMATION 1.1 References The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) NFPA 70 1999 National Electrical Code NFPA 72 1996 National Fire Alarm Code NFPA 101 1997 Life Safety Code UNDERSWRITERS LABORATORIES INC. (UL) UL FPED 1999 Fire Protection Equipment Directory 1.2 Scope of Work Third party monitoring from a UL Listed Central Alarm Monitoring Company is requested for supervision and reporting of fire alarms for the Federal Aviation Administration properties throughout the Northwest Mountain Region to include the states of: Washington, Oregon, Idaho, Montana, Utah, and Denver. The FAA intends to award service for 35 initial sites and may expand service to 50 or more sites during the course of the contract. Initial sites are required to be put into service during the first quarter of fiscal year 2000: October 1, 1999 through December 31, 1999. Once service commences at the initial sites, the FAA will require continuing service at a minimum of twenty-five sites. 1.3 Description of Requested Central Station Alarm Service The following. Central Station alarm service is requested: a. Central station supervision must be provided from a Central Station Alarm Company listed by UL in the 1999 UL Fire Protection Handbook or most current Handbook for option years. Contractor's Central Station must maintain a UL Listing as a Central Alarm Monitoring Company to be eligible for award of base period or option periods. b. A current and valid document verifying the UL Listing will be required at the start of the alarm -monitoring contract and for each year of the proposed contract. A copy of this document is to be forwarded to each site for which service is to be provided. c. Fire alarm service, maintenance, and testing of Central Station equipment shall be in accordance with NFPA 72, Chapter 4, 1996 Edition. This excludes any part of the fire alarm system installed at the facility other than any hardware or signaling lines installed by Central Station for monitoring purposes. LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 d. Upon receipt of a fire alarm from any initiating device such as but not limited to: fire sprinklers, smoke detectors, heat detectors, and manual pull stations, the Central Station shall immediately retransmit the alarm to the designated public fire department's dispatch communications center. e. Upon receipt of a trouble or supervisory signal, the Central Station shall immediately contact the designated persons at each facility. The list of designated persons will be provided by the FAA for each facility and shall not be limited. f. In the event service is needed on a part of the monitoring system, the Central Station shall have the responsibility of having service technicians at the facility within four hours to initiate repairs. g. Records of all signals received by the Central Station for each calendar year of the contract shall be retained for review and be available upon request to FAA personnel. h. The Central Station shall be responsible for all maintenance and testing of its equipment (both on -site and at the Central Station) and signaling lines in accordance with NFPA 72, 1996 Edition. Records shall be made available to FAA personnel upon request. i. The telephone numbers of the Central Station shall be clearly posted at each facilities Digital Alarm Communicating Transmitter. 1.4 Quality Assurance All work and materials shall conform to all Federal, State and Local Codes and regulations governing the Central Station Fire Alarm Service, as modified or interpreted by local officials to permit use of current NFPA standards. All devices, systems, equipment and materials required by this specification in conjunction with Central Station Service shall be listed by Underwriters Laboratories (UL) for their intended use. 2.0 REQUIREMENTS 2.1 Codes, Standards, Ordinances and Permits In the NFPA publications referred to herein the advisory provisions and the appendix sections shall be considered mandatory. If there is a conflict between the referenced NFPA standards, federal, state of local codes, and this specification, it is the Central Station Alarms Station service provided to immediately bring the conflict to the attention of the FAA Representative for resolution. NFPA standards shall prevail unless local codes are more stringent. Contractor shall not attempt to resolve conflicts directly with the local authorities unless specifically authorized by the Contracting Officer or Contracting Officer's Technical Representative (COTR). 2.2 Central Alarm Station Provider Qualifications The central Station alarm service provider must be UL Listed in the most recent Fire Protection Equipment Directory. In addition, the provider shall be experienced in the testing and maintenance of equipment required as part of the central alarm station service and monitoring agreement. 2.3 Working Conditions Access to the individual FAA site to install or test Central Station alarm equipment must be coordinated with the FAA at least twenty-four hours prior to performance. Prior to any site work, the contractor will be responsible for scheduling and attending a meeting with the local facility manager. Noise restrictions do apply at each FAA site. 2 LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 3.0 OTHER CONDITIONS 3.1 Existing Fire Alarm System The existing facility fire alarm system or components shall remain operational at all times. If the system or its components must be removed from service, the contractor shall obtain prior approval from the FAA twenty-four hours in advance of performance. No alarm system shall be out of service for more than four hours. Extensions must be approved by the Contracting Officer or COTR. 3.2 Fire Alarm System Changes The contractor is not to implement any changes on any parts of the fire alarm system without approval from the Contracting Officer or COTR. 3.3 Government Furnished Equipment Each FAA facility has a local fire alarm panel and a Digital Alarm Communicator Tranmitter (DACT). The DACT is connected to two telephone lines provided by the FAA. The DACT is set up to use the primary telephone line, obtain a dial tone, and dial the Central Station. The DACT shall make ten attempts on each phone line to connect to the Central Station. A failure of one phone line shall report a trouble to the fire alarm panel and the Central Station. Each DACT is to send a test signal once every 24 hours alternating between the primary and secondary phone lines. 3.4 Submittal for New Equipment The FAA shall review and recommend, accept, reject or take other appropriate action on any new central alarm station equipment necessary for complying with the monitoring of fire alarms and supervisory/trouble signals relative to NFPA 72, 1996 Edition, Chapter 4. Submittals must include sample forms, record drawings, system certification reports and test reports. This review is to verify conformance to project specifications and design concepts expressed in the contract documents. Review shall not constitute approval of safety precautions, means, methods, techniques, sequences of procedures, or approval of a specific assembly of which the item is a part. If submittals, upon review by the FAA, are found not to conform to the requirements of these specifications, the contractor shall be required to resubmit with modifications. 4.0 FINAL APPROVAL AND ACCEPTANCE Final approval and acceptance of the work for each site will be given by the Contracting Officer's Technical Representative after the following have been completed: a. The monitoring equipment has been installed and signal receipt verified for alarms, trouble conditions, and supervisory conditions. All signals will be verified to both the Central Station and the local fire department. b. All required submittals including a UL Certificate showing that the Central Station is UL Listed Central Alarm Station for the current year. c. A copy of the annual Central Station servicing and maintenance agreement for each site. d. A schedule has been received showing whom to contact for service, testing, and troubleshooting of problems for each site for which central alarm station service is being provided. Fire Alarm system and all responsibilities that go with the system will become the property of the airport with the signing of the following pages. LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 BILL OF SALE Know All Men By These Present That the UNITED STATES OF AMERICA, acting by and through the DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Acquisition Management Branch, 1601 Lind Avenue S.W., Renton, Washington, 98055, herein called FAA, in consideration of Zero DOLLAR ($0.00) AND NO OTHER VALUABLE CONSIDERATION, delivered by Renton Municipal Airport, herein called Buyer, the following described goods: The existing fire alarm system and all of its components currently located in the Air Traffic Control Tower, located at Renton Municipal Airport, 616 West Perimeter Road, Renton WA 98055. To have and to hold the same unto the said Buyer and its successors and assigns forever. The FAA covenant and agree that it is the lawful owner of said property, that the same is free from all encumbrances; and that it has the right to sell the same as aforesaid, and will warrant and defend the said property hereby sold unto said Buyer, the heirs, executors, administrators and assigns, against the lawful claims and demands of all persons. The Buyer hereby accepts ownership to the above described equipment in Renton, WA, and acknowledges that the equipment is "AS IS, WHERE IS" and that no express warranty as to condition is given or made. All implied warranties are expressly excluded including warranties of merchantability and fitness for a particular purpose. UNITED STATES OF AMERICA Acting by and through the Department of Transportation, Federal Aviation Administration LIM STATE OF WASHINGTON, KING COUNTY DATE: The foregoing instrument was acknowledged by me this of , 2004, by , Contracting Officer for the Federal Aviation Administration. Witness my Hand and Official Seal. . My Commission expires Notary Public 11 LAG #001-04 ATCT Renton, Washington DTFANM-03-L-00150 BILL OF SALE ACCEPTANCE We hereby accept the conveyance of the above -mentioned equipment and all components that support that equipment. Date: Kathy Keolker-Wheeler Mayor STATE OF WASHINGTON, KING COUNTY The foregoing instrument was acknowledged by me this of , 2004, by , Contracting Officer for the Federal Aviation Administration. Witness my Hand and Official Seal. My Commission expires Notary Public HOOD - TELCO - - .._ ... CO CABLE CHASE LADDER ELECTRICAL HOOD DOWN SPOUT SERVICE ROOM TOWER.DOOR N J TOWER ENTRANCE J ...._._ ... ._ _. .(CITE ADMIN _ OFFICE _ ._ ENTRY. ENTRANCE -► AIRPORT MANAGER PARKING LOT WOMEN'S LAY AIRPORT MANAGER'S (CAE MENS LAV FIRST FLOOR PLAN FENCE SCALE. 1/6- - 1--o- FAA TELCO THIRD FLOOR PLAN M FOURTH FLOOR PLAN DOWN- LOW ON ROOF ' I I FACE OF- I BUILDING BELOW L------J SECOND FLOOR PLAN 'E' `EXTERIOR WALKWAY 4TH FLOOR ROOF FIFTH (CAB) FLOOR PLAN GOVERNMENT LEASED AREA REFERENCES: _ DRAWINGS / "NMO-601-41701-OSHA-A1,.A2, A3 iEV DATE DESCRIPTION CHECK At DEPARTMENT --OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION N0RTHWEST MOUNTAIN REGION - SEATTLE, WASHINGTON RENTON, WA'SHINGTON RENTON MUNICIPAL AIRPORT ATCT ATTACHMENT C RENEWED BY SUBMITTED BY APPROVED BY PROJECT ENGINEER MOR: INFRASTRUCTURE PLATFORM --- - --- DESIGNEO: M10 ISSUED BY DATE Ate: OBA AIRWAY FACILITIES DRAWING NO. CHECKED: .. ANM-400 MD-RNT-ATCT- S -01 S:\DRAWINGS\WORKING\RNT\NMD-RNT-ATCT-FSI.-Ot, L CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board..... Community Services Staff Contact........ Dennis Culp Ext 6606 SUBJECT: Second Pavilion Building Budget Increase EXHIBITS: Issue Paper — Second Pavilion Project Budget Increase Al #: FOR AGENDA OF: April 5, 2004 AGENDA STATUS: Consent ................................. XX Public Hearing ....................... Correspondence .................... Ordinance .............................. Resolution ............................. Old Business ......................... New Business ........................ Study Session ....................... Information .......................... - Other..................................... RECOMMENDED ACTION: APPROVALS: Council Concur Legal Dept .................. Finance Dept .............. Other.......................... rl FISCAL IMPACT: Expenditure Required ............. $130,000 Transfer/Amendment........ $130,000 from Fund 301 Amount Budgeted .................. $0 Revenue Generated ......... SUMMARY OF ACTION: Several construction contract changes have surfaced during construction that require an increase in the project budget. Specifically, in addition to those changes contained in the first project budget increase, there were additional design difficulties encountered. These changes were necessary to make the final project usable. No change in the originally approved scope has occurred. These additional funds are available from the garage project savings. STAFF RECOMMENDATION: Council concur in authorizing the Mayor to use the garage fund savings to increase the Pavilion budget by $130,000 to cover design irregularities ($108,135.84) and to restore a small contingency ($21,864.16). It is understood that funds for the design irregularities will be re-imbursed to the City by the Architect. ev. 9/13/93 AGENDA Bill - 2nd Pavilion Budget Increase. DOC MEMORANDUM A CITY OF RENTON COMMUNITY SERVICES 0 Committed to Enriching Lives 0 TO: Don Persson, Council President Renton City Councilmembers A, VIA: Kathy Keolker-Wheeler, Mayor FROM: Dennis Culp, Community Services Administrator STAFF: Dennis Culp, Ext 6606 SUBJECT: Second Pavilion Project Budget Increase DATE: April 5, 2004 ISSUE: Should the City of Renton increase the Pavilion Project budget by $130,000 to pay the General Construction Contractor for work required while the City is being re- imbursed by the Project Architect? This sum will also restore a small contingency to provide funds for any additional "within scope" changes. RECOMMENDATION: That the Renton City Council authorize the Mayor to increase the Pavilion Project budget by $130,000 to cover expenses being reimbursed by the Architect ($108,135.84) and to restore a small contingency ($21,864.16). BACKGROUND SUMMARY • On February 16, 2003, Council authorized and appropriated $2,592,112.81 to renovate the Pavilion Building. The scope of this work included air- conditioning, a raised floor, and glass at the gabled ends of the building. • The original project budget included $186,352 in contingency funds to cover construction change orders and design change orders. • During construction unforeseen site conditions and design clarifications surfaced that required the use of the original project contingency. • On September 22, 2003 the Council authorized a project budget increase of $80,000 to cover unforeseen site conditions ($50,000) and to restore a small contingency ($30,000). The site conditions identified included: ➢ Additional concrete was found under the floor slab and removed. ➢ Work was required to prepare the curvilinear roof structure to accept the metal roofing. ➢ The seismic roof sheathing required adjustment due to uneven roof trusses. • At the same time, additional design changes were surfacing which eventually led to the basis of this second request. These design changes are required to complete the project in a usable condition. • The Architect has agreed to fund those additional changes for which they have responsibility. TAB A has a copy of the letter from the Architect identifying their commitment to help the City and outlining the repayment plan. The City Attorney concurs with the letter provided by the Architect. • The role of the city is to act as a conduit for the transfer of funds. The project team and City Attorney concur that this is an appropriate procedure considering the fact that the City holds contracts with both the Architect and the General Contractor. There is no contractual relationship between the two of them. • The proposed settlement among the Architect, Contractor and the City results in following distribution of costs: ➢ City pays change orders in the amount of $255,723.17, which represents 9.8% of the cost of construction. The breakdown of these costs are as follows: ✓ Unforeseen site conditions at $68,008.52 (2.6%) ✓ City requested changes at $117,322.10 (4.5%) ✓ Design anomalies at $70,392.54 (2.7%) ➢ Typically, with a renovation project there are design irregularities that must be expected since no design is perfect. Having less than 3% fall into the "design anomaly" category is acceptable. ➢ The Architect pays (through the City) $108,135.84, which represents 4.2% of the cost of construction. This payment represents design difficulties over and above that normally expected on a project of this nature. The Administration will work out the details of the repayment schedule such that the payments are complete by the end of 2004 and that the interest rate charged equals the cost of funds to the City. The Finance Administrator agrees with this approach. ➢ The General Contractor absorbs $42,423.26 in costs not allowed under the contract, which represents 1.6% of the cost of construction. These costs were incurred by the General Contractor but not accepted by the City since contractor responsibility was involved. ➢ Change order details are included at TAB B. • The result of the above settlement is that the City will not pay more money than is currently budgeted once repayment is received from the Architect. • An additional contingency of $20,000 is requested, however, to cover any additional "within scope" changes required during final project turnover. • The funds are available from the parking garage savings. If authorization is given to proceed with project closeout, the funds will be appropriated during the end of year "clean up" ordinance for 2004. CONCLUSION Settling this project with the proposed staff arrangement results in a project within the final City budget. The concluding payments provide a fair distribution of costs among the owner, architect, and contractor for changes that resulted from a complicated, but creatively designed, project. frMAVIIII A r. A MITHUN Pier 56, 12oi Alaskan Way, Ste. 200 Seattle, WA 98101 TEL 2o6 623.3344 FAX 2o6 623.7005 March 30, 2004 Mr. Dennis Culp Administrator Community Services City of Renton Renton City Hall ioS5 South Grady Way Renton, Washington 98o55 Re: Renton Pavilion: Construction Cost Settlement Mithun Project No. 0237300 Dear Mr.Culp: As a follow on to our recent discussions, the design team has agreed to assist the City with its efforts to close out the change orders and resultant costs for the Pavilion project. To that end, the team is willing to pay $io8, 135.84. This payment to the City is contingent upon receipt of a full release of all claims between all parties to the project which were known, or should have been known, as of the date of this letter in any way related to the project, with the only exception being claims for unknown latent deficits. Mithun further accepts the City's offer to establish a payment plan for the amount due which will be paid in monthly installments with the balance paid in full, no later than December 31, 2004. Please have your finance department contact our Ms. Cathy Goldberg, Mithun CFO, to finalize arrangements. Please draft an appropriate agreement to reflect this understanding. Sincerely, FAIA Agreed Release: Dennis KDennis K. Culp Administrator Date cc: Cathy Goldberg WWW.MITHUN.COM DESCRIPTION COST Owner Responsibility Mithun and Consultants ECCI Unforeseen Site Conditions City Requested Changes Design Anomalies Total Owner Cost TOTAL TOTAL Builder's Risk Insurance 1 $8,060.571 $8,060.57 Roof Sheathing for seismic membrane $19,422.601 $19,422.60 PR 3 (Plywood Deduct $617.80 $617.80 Subsurface Concrete $8,829.99 $8,829.99 Sprinkler Density and Dry System 1 $29,502.931 $29,502.93 PR 2 Transformer Addition $33,612.531 $33,612.53 Purlin repair 1 $342.461 $342.46 PR #5 Add Height to Door 101 C $4,307.17 $4.307.17 PR #6 Add additional louvers $1,713.00 $1,713.00 PR #7 ( Change details at GL 5 and OVHD's) $21,076.42 I T- $21,076.42 I PR #4 rev Minor infrastructure for 1 $5,970.94 —$5,976.9-4-7-- Prep Spandrels for Storefront 1 $3,447.471 $3,447.47 Conduits for future tenants 1 $1,582.741 1 $1,582.74 PR8 1 $16,066.441 1 $16,066.44 PR9 $23,738.281 1 $23,738.28 Additional Roof Furring (sub strata finishing) $13,738.05 $13,738.05 Revisions per RFC 67: Soffit at 105 1 $4,413.511 $4,413.51 Curtain walls stem revisions 1 $20,195.881 1 1 $20,195.88 One week schedule extension I $6,033.00 $6,033.00 Add floor drain at Room 109 1 $2,680.091 1 $2,680.09 Misc. Electrical Revisions 1 $111.311 1 1 1 $111.31 Modify RA ducting as required. 1 $2,244.041 1 1 $2,244.04 Revise 70" Plenum as re uired. 1 $1,424.791 1 1 $1,424.79 Shaftwall at 201,202 $3,241.91 $3,241.91 Ice and Watershield upgrade $6,055.79 $6,055.79 Zero Value Schedule Extension $0.00 $0.00 Schedule Extension for HVAC support work. $21,266.26 $21,266.26 Misc. Steel Adds 1 $16,221.80 $16,221.80 1/2 3/29/2004 DESCRIPTION COST Owner Responsibility Mithun and Consultants ECCI Unforeseen Site Conditions City Requested Changes Design Anomalies Total Owner Cost TOTAL TOTAL Misc. Metal Studs and Drywall $4 634.54 $4 634.54 Misc. Flashin s - RFC 70 1 $4,179.591 $4,179.59 Misc. Flashin s - RFC 86 1 $3,087.591 1 $3,087.59 S. Elevation Spandrel Issues $13,630.37 $13,630.37 Cost adjustments for Hawk on CP 13, PR-4R ($32.46) ($32.46) Ductwork Revisions at EF-2 & 3 $3,140.58 $3,140.58 Credit for Sewer Line per RFC 21 $19.61 $19.61 AS[ 6 Revisions $1,472.84 $1,472.84 Overhead Door Structural Issues $26,830.02 $26,830.02 Ductwork/Floor System Conflicts $0.00 Waterproofing Issues at 203 $7,562.43 $7,562.43 Pilaster Ducting Issues $7,481.99 $7,481.99 ASI 7 Revisions $1 515.41 $1 515.41 Credit Walkoff Mat per RFC 123 ($826.74) ($826.74) Delete FRP at Room 103 $307.05 $307.05 Aluminum Rafter Painting $4,472.86 $4,472.86 Additional work on Concrete Prep $2,342.05 $2,342.05 Additional work on Gable Furring $3,371.46 $3,371.46 Additional Temporary Heat $9,592.01 $9,592.01 14 Day schedule Extension $36,367.47 $36,367.47 Additional Exit Signs $1,254.04 $1,254.04 Additional Door Hardware $847.93 $847.93 Add PRV at Chiller $1,002.78 $1,002.78 Totals: $406,282.27 $68,008.52 $117,322.10 $70,392.54 $255,723.17 $108,135.84 $42,423.26 PERCENTAGE OF CONSTRUCTION (TOTAL CONSTRUCTION 15.61 % 2.61 % 4.51 % 2.71 % 9.83% 4.16% 1.63% 2/2 3/29/2004 COMMITTEE OF THE WHOLE COMMITTEE REPORT April 5, 2004 5th and Williams.DASH.Development Proposal (Referred March 22, 2004 APPROVED BY QTY GOUNCIL Date �1 5- 00q H:Trans/admin/Director fdesMetromitigation.doc PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT April 5, 2004 City Center Sign Code Amendments (Referred March 8, 2004) APPROVEMSY CITY COUNCIL Date ;� 5• �oa� The Planning and Development Committee met to review and discuss potential revisions to the City Center sign code regulations established in Title IV. Currently, City code limits the ability to modify prohibited signs throughout the City. However, in an effort to allow a roof sign on the Pavilion Building, staff has proposed to amend the sign modification process section of Title IV. The Committee recommends that the Council schedule a public heating. to discuss the sign code amendments for April 19, 2004. Terri riere, Chair cc: Gregg Zimmerman Alex Pietsch PLANNING AND DEVELOPMENT COMMITTEE public hearing report #I.doc\ Rev 01/02 bh PUBLIC SAFETY COMMITTEE REPORT April 5, 2004 CLEAN UP REPORT. ArPPOV03 By CiTy COUNCIL Date 5 aaD The, Public Safety Committee recommends that the following Committee Referrals be closed: #869 — Animal Ordinance Issues - Committee recommends no changes be made to the:current ordinance at this time. 41790 - Alarm Registration - Committee recommends no .changes be made to the current ordinance at this time. #1804 - Transit Center Safety—, Additional"staffing and coordination with King County Metro has been discussed. The Regional Transit Committee has been apprised of the situation in Renton. Given that the police sub -station at the transitcenter is nearing completion with plans of deploying proactive units on a consistent basis; the 'Committee recommends that this item be removed from the active referral list but that a status briefing be" given to Committee in June -of 2004. #1847 - Musician's Hall Safety Concerns - The hall has recently been sold to a church and no further weekend rental agreements are planned The Committee, therefore, recommends no further action be taken on this issue at this time #1877 - Police Staffing This issue was discussed at both Council workshops this year and. plans have been recommended to the Councif for consideration Specifically; "RENSTAT % Renton's computer statistic and crime".analysis`approach to directing patrol services is a response to this referral. Committee; therefore, recommends that this issue be removed from the active referral list and that updates be given to Council on the ."RENSTAT" program: #1905 -Peddler's Hours of Operation,,= The Committee has reviewed the ordinance and, because Renton's is as restrictive as most other municipal ordinances,` recommends no changes be made at "this time: Denis Law, Chair Toni Nelson, Vice -chair Dan Clawson, Member C: Garry Anderson; Chief of Police UTILITIES COMMITTEE COMMITTEE REPORT April 5, 2004 APPROVED BY CiTy COUNCIL Data y-s-ao 3 FUNDING FOR WATER MAIN. IMPROVEMENTS IN RENTON HIGHLANDS AND FOR HARRINGTON SQUARE DEVELOPMENT (Referred March '15; 2004) I:\COMMITTE&Reports\Util ities\2004\harri ngton-square-util ities-committee-report. doc AT5PPOD C-70 BY TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT April 5, 2004 Traffic Safety on Edmonds Avenue SE at SE 2nd Place .(January 27, 2004) The Transportation Committee recommends Council authorize the Administration to perform the following tasks to improve the traffic safety at the intersection of Edmonds Avenue SE and SE 2nd Place: 1. Install channelization on..Edmonds Avenue SE in the vicinity of the curve approaching the intersection of SE 2na_Place,'. d 2. Investigate warrants" for, .arid install as required, ' a residential warning sign with a 20mph advisory plate.. Marcie Palmer, Chair andy Corman, Vice Chair Terri Briere ember cc: Karl Hamilton Connie Brundage H:Refeirals/2004/Traffic Safety on Edmonds Ave SE CITY OF RENTON, WASHNGTON RESOLUTION NO. 36? F A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, RATIFYING AMENDMENTS TO THE COUNTYWIDE PLANNING POLICIES. WHEREAS, the Growth Management Act, RCW 36.70A.210, mandates the development and adoption of Countywide Planning Policies for King County; and ` WHEREAS, King County, the City of Seattle, the City of Bellevue and the Suburban Cities of King County have met jointly as the Growth Management Planning Council (GMPC) to develop and recommend Countywide Planning Policies; and WHEREAS, the City of Renton has ratified the Countywide Planning Policies and subsequent amendments; and WHEREAS, Countywide Planning Policy FW4 Step 9 provides for an amendment process to change the Planning Policies as may be necessary from time to time; and WHEREAS, on March 8, 2004, the Metropolitan King County Council took action ratifying the proposed amendment to the King County Countywide Planning Policies designating Downtown Auburn as an urban center on behalf of unincorporated King County; and WHEREAS, the amendment process requires ratification of proposed amendments by at least 30 percent of the City and County governments representing 70 percent of the population in King County; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: 1 RESOLUTION NO. SECTION I. The above findings are true and correct in all respects. SECTION II. The proposed amendments to the Countywide Planning Policies are consistent with the adopted City Comprehensive Plan and the adopted City Business Plan. SECTION III. The best interests and general welfare of the City of Renton would be served by ratification of Ordinance 14844 (GMPC Motion 03-2) designating downtown Auburn as an urban center as approved by the King County Council and the Growth Management Planning Council. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1037:3/30/04:ma day of , 2004. Bonnie I. Walton, City Clerk day of , 2004. Kathy Keolker-Wheeler, Mayor 2 y.r-aooy CITY OF RENTON, WASHINGTON ORDINANCE NO. 5066 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-4-100 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 FREESTANDING SIGN HEIGHT OF 50 FEET FOR MOTOR VEHICLE DEALERSHIPS WITH OVER ONE ACRE OF CONTIGUOUS OWNERSHIP OR CONTROL LOCATED WITHIN THE AUTO MALL AREA. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-4-100.E.3.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" is hereby amended to read as follows: b. Signs Outside City Center Sign Regulation Area: The height limitation for freestanding, ground, projecting and combination signs shall be the maximum height of the zone or forty feet (40'), whichever is less. Roof signs may extend twenty feet (20') above the parapet wall. This Section shall not apply to those signs covered by Subsection E.5.e of this Section, Large Retail Uses, or subsection H of this Section, City Center Sign Regulations, or Subsection E.5.f.ii of this Section, Motor Vehicle Dealership Over One Acre of Contiguous Ownership or Control Located within the Auto Mall Area(s). SECTION II. Section 4-4-100.E.5.f.ii of Chapter 4, "City -Wide Property Development Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled 1 ORDINANCE NO. "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: ii. Freestanding Signs: Each dealership is allowed: • One freestanding sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property frontage that the business occupies up to a.maximum of two hundred (200) square feet per sign face, and a maximum of four hundred (400) square feet including all sign faces, and not to exceed fifty (50) feet in height; 141-9 One freestanding sign per street frontage not to exceed an area greater than one and one-half (1-1/2) square feet for each lineal foot of property frontage, up to a maximum of one hundred fifty (150) square feet per sign face and a maximum of three hundred (300) square feet including all sign faces, and not to exceed fifty (50) feet in height. In addition, each dealership is allowed a maximum of two (2) accessory ground signs per street frontage, each for a separate business activity located on the property that can reasonably be related to the primary business. These signs shall not exceed a height of ten feet (10') and a total sign area of twenty five (25) square feet if single faced, or fifty (50) square feet including all sign faces. The accessory signs must also maintain a minimum twenty foot (20') setback and be no closer than one hundred fifty feet (150') to any other accessory ground sign. One electronic message board sign is permitted as a wall sign, under marquee sign, or freestanding sign as allowed by the provisions stated above. SECTION III. This Ordinance shall be effective upon its passage, approval, and 2 ORDINANCE NO. five days after its 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.1094:3/16/04:ma Kathy Keolker-Wheeler, Mayor 3