HomeMy WebLinkAboutFinal Payment Folder
AGENDA
City Council Regular Meeting
7:00 PM - Monday, June 12, 2017
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PUBLIC HEARING
a) SW Langston Rd Street Vacation II (VAC-17-001)
4. ADMINISTRATIVE REPORT
5. AUDIENCE COMMENTS
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed five minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) AB - 1929 Community & Economic Development Department recommends approval of
the Renton Community Marketing Campaign contract with Atlas Advertising in the
amount of $90,000.
Refer to Finance Committee
b) AB - 1906 Municipal Court requests authorization to transfer the Court Security Officer
from a contracted position to a City employee by establishing a new Court Security
Officer position at salary grade a04, and approving the associated budget adjustment.
Refer to Finance Committee
c) AB - 1923 Transportation Systems Division recommends entering into a five-year contract
with BergerABAM, Inc. in the amount of $322,364, for the purpose of construction
management and inspection services for the NE 31st Street Bridge Replacement Project
(TIP #36).
Refer to Transportation (Aviation) Committee
d) AB - 1924 Transportation Systems Division recommends entering into a professional
services agreement with Gray & Osborne, Inc. in the amount of $125,283.03 for the
purpose of designing the Renton Ave. S Resurfacing Project.
Refer to Transportation (Aviation) Committee
e) AB - 1925 Transportation Systems Division recommends entering into a Cooperative
Agreement with the Washington State Department of Transportation for design and
construction of the I-405/SR 167 Interchange Direct Connector Project.
Refer to Transportation (Aviation) Committee
f) AB - 1926 Transportation Systems Division recommends entering into a Utility Agreement
with the Washington State Department of Transportation in the amount of $136,630, for
the purpose of coordinating and participating in the design process of the water main
relocation along the SR 167 corridor.
Refer to Transportation (Aviation) Committee
g) AB - 1927 Transportation Systems Division recommends entering into a Utility
Agreement, with the Washington State Department of Transportation, for the purpose of
coordinating and participating in the design process of the water main relocation at S.
14th St., along the I-405 corridor.
Refer to Transportation (Aviation) Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Committee of the Whole: Quendall Terminals Development Agreement*;
Park/Trails/Community Facilities Initiatives
b) Planning & Development Committee: City Center Community Plan Advisory Board
Appointment - Bloch; 2017 Comprehensive Plan Amendments; Landmark Preservation
c) Finance Committee: Vouchers; Fleet Purchase Requests Requiring Budget Adjustments;
Coulon Park Facility Repairs; Sunset Neighborhood Park, Phase 1; Bond Refinancing*
8. LEGISLATION
Resolution(s):
a) Resolution No. 4311: City Center Community Plan
(Approved via Committee Report on 6/5/2017)
b) Resolution No. 4312: Quendall Terminals Development Agreement (See Item 7.a.)
Ordinance(s) for first reading:
c) Ordinance No. 5846: Bond Refinancing (See Item 7.c.)
Ordinance(s) for second and final reading:
d) Ordinance No. 5837: Pet Daycare Docket Ordinance (D-128) (First reading 6/5/2017)
e) Ordinance No. 5838: Municipal Arts Commission Docket Ordinance (D-129)
(First reading 6/5/2017)
f) Ordinance No. 5839: Light Intensity Commercial Docket Ordinance (D-130)
(First reading 6/5/2017)
g) Ordinance No. 5840: Tree Retention and Land Clearing Docket Ordinance (D-131)
(First reading 6/5/2017)
h) Ordinance No. 5841: Administrative Code Interpretations Docket Ordinance (D-133)
(First reading 6/5/2017)
i) Ordinance No. 5842: Clustering Provisions Docket Ordinance (D-134)
(First reading 6/5/2017)
j) Ordinance No. 5843: Shopping Carts (First Reading 6/5/2017)
k) Ordinance No. 5844: Vacating a Portion of right-of-way on SW Langston Rd.
(First reading 6/5/2017)
l) Ordinance No. 5845: MCIMETRO Access Transmission Services Corp Franchise Agreement
(First Reading 6/5/2017)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
5:30 p.m. – 7th Floor Conferencing Center (Chambers at 6:00 p.m.)
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
Va
c
a
t
i
o
n
Pe
t
i
t
i
o
n
VA
C
‐17
‐00
1
Un
o
p
e
n
e
d
al
l
e
y
,
so
u
t
h
of
SW
La
n
g
s
t
o
n
Ro
a
d
an
d
St
e
v
e
n
s
Av
e
SW
In
t
e
r
s
e
c
t
i
o
n
Mo
n
d
a
y
,
Ju
n
e
12
,
20
1
7
Pu
b
l
i
c
He
a
r
i
n
g
AGENDA ITEM #3. a)
LO
C
A
T
I
O
N
AGENDA ITEM #3. a)
BA
C
K
G
R
O
U
N
D
•
Pe
t
i
t
i
o
n
re
c
e
i
v
e
d
Ap
r
i
l
21
,
20
1
7
•
Pu
r
s
u
a
n
t
to
St
a
t
e
an
d
Ci
t
y
Co
d
e
,
more
th
a
n
2/
3
of
th
e
ab
u
t
t
i
n
g
ow
n
e
r
s
must
si
g
n
th
e
pe
t
i
t
i
o
n
•
10
0
%
of
ab
u
t
t
i
n
g
ow
n
e
r
s
ha
v
e
si
g
n
e
d
AGENDA ITEM #3. a)
BA
C
K
G
R
O
U
N
D
/ PU
B
L
I
C
BE
N
E
F
I
T
•
Th
e
pu
r
p
o
s
e
of
th
e
st
r
e
e
t
va
c
a
t
i
o
n
is
va
c
a
t
e
a po
r
t
i
o
n
of
on
un
o
p
e
n
e
d
al
l
e
y
w
a
y
th
a
t
wa
s
de
d
i
c
a
t
e
d
in
th
e
or
i
g
i
n
a
l
pl
a
t
fr
o
m
19
1
0
.
•
Th
i
s
re
q
u
e
s
t
is
in
co
n
j
u
n
c
t
i
o
n
wi
t
h
a
pr
o
p
o
s
e
d
la
n
d
de
v
e
l
o
p
m
e
n
t
pr
o
j
e
c
t
an
d
th
e
Pe
t
i
t
i
o
n
e
r
an
d
th
e
Ci
t
y
ha
v
e
be
e
n
wo
r
k
i
n
g
on
th
i
s
pr
o
j
e
c
t
.
AGENDA ITEM #3. a)
BA
C
K
G
R
O
U
N
D
•
Al
l
e
y
sh
o
w
n
an
d
de
d
i
c
a
t
e
d
in
pl
a
t
fr
o
m
19
1
0
.
AGENDA ITEM #3. a)
BA
C
K
G
R
O
U
N
D
AGENDA ITEM #3. a)
BA
C
K
G
R
O
U
N
D
AGENDA ITEM #3. a)
BA
C
K
G
R
O
U
N
D
Th
e
r
e
ar
e
NO
Ci
t
y
ut
i
l
i
t
i
e
s
wi
t
h
i
n
th
e
un
o
p
e
n
e
d
al
l
e
y
w
a
y
.
AGENDA ITEM #3. a)
RE
S
E
A
R
C
H
/
S
U
R
V
E
Y
•
Va
c
a
t
i
o
n
re
q
u
e
s
t
wa
s
ci
r
c
u
l
a
t
e
d
to
va
r
i
o
u
s
Ci
t
y
de
p
a
r
t
m
e
n
t
s
an
d
ou
t
s
i
d
e
ag
e
n
c
i
e
s
fo
r
re
v
i
e
w
.
•
No
ob
j
e
c
t
i
o
n
s
to
th
e
va
c
a
t
i
o
n
we
r
e
ra
i
s
e
d
.
AGENDA ITEM #3. a)
RE
S
E
A
R
C
H
/
S
U
R
V
E
Y
Ou
t
s
i
d
e
Ag
e
n
c
y
Re
v
i
e
w
Co
m
m
e
n
t
s
•
To
da
t
e
,
Co
m
c
a
s
t
an
d
PS
W
ha
v
e
re
s
p
o
n
d
e
d
.
PS
E
is
re
q
u
e
s
t
i
n
g
a ut
i
l
i
t
y
ea
s
e
m
e
n
t
ov
e
r
a po
r
t
i
o
n
of
th
e
un
o
p
e
n
e
d
al
l
e
y
.
Wi
l
l
ne
e
d
to
wo
r
k
wi
t
h
PS
E
an
d
ap
p
l
i
c
a
n
t
to
se
c
u
r
e
the
ea
s
e
m
e
n
t
.
AGENDA ITEM #3. a)
Th
e
Co
m
m
u
n
i
t
y
an
d
Ec
o
n
o
m
i
c
De
v
e
l
o
p
m
e
n
t
De
p
a
r
t
m
e
n
t
re
c
o
m
m
e
n
d
s
th
a
t
Co
u
n
c
i
l
ap
p
r
o
v
e
th
e
re
q
u
e
s
t
to
va
c
a
t
e
su
b
j
e
c
t
to
th
e
fo
l
l
o
w
i
n
g
co
n
d
i
t
i
o
n
s
:
Ut
i
l
i
t
y
ea
s
e
m
e
n
t
fo
r
PS
E
is
se
c
u
r
e
d
in
ar
e
a
re
q
u
e
s
t
e
d
.
ST
A
F
F
RE
C
O
M
E
N
D
A
T
I
O
N
AGENDA ITEM #3. a)
NE
X
T
STEPS
If
Co
u
n
c
i
l
ap
p
r
o
v
e
s
th
i
s
va
c
a
t
i
o
n
pe
t
i
t
i
o
n
:
•
Ap
p
r
a
i
s
a
l
is
or
d
e
r
e
d
by
Pe
t
i
t
i
o
n
e
r
(
s
)
to
be
ev
a
l
u
a
t
e
d
fo
r
co
m
p
e
n
s
a
t
i
o
n
due
to
th
e
Ci
t
y
.
AGENDA ITEM #3. a)
AB - 1929
City Council Regular Meeting - 12 Jun 2017
SUBJECT/TITLE: Renton Community Marketing Campaign Contract with Atlas
Advertising
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Cliff Long, Economic Development Director
EXT.: 6591
FISCAL IMPACT SUMMARY:
This contract is for $90,000. Of this amount, $65,000 was awarded through the Lodging Tax Advisory
Committee process and approved by Council. The remaining $25,000 is provide d through the contributions of
the Renton Community Marketing Campaign partners.
SUMMARY OF ACTION:
A previous contract with Atlas Advertising for $87,500 was in place during 2017 to execute the marketing plan
funded by the Port of Seattle grant ($65,000) and the remainder from City of Renton match. Because the City of
Renton had a previous contract with Atlas Advertising during 2017, the combined amounts will exceed $100,000 and
require the approval of Council.
EXHIBITS:
A. Atlas Advertising Renton Community Marketing Campaign Scope of Work
B. Atlas Advertising Executed Contract (CAG-17-091)
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into an agreement with Atlas Advertising for $90,000.
AGENDA ITEM #6. a)
City of Renton, Washington
Proposed Projects for 2017
USAGE OF RCMC FUNDING (BY 12/31/2017)
DOWNTOWN PROJECTS:
City of Renton Downtown Summer Social Media Advertising Campaign Placement $12,000
Implementation of social media campaign promoting downtown during the summer months
(June-August). Includes $3,000/month of media spend and $1,000/month for campaign management and
optimization.
Deliverables:
Monthly media performance reports
City of Renton Downtown Fall Social Media Advertising Campaign Placement $11,000
Development and implementation of a social media campaign and media plan to promote downtown
during the September-December. $2,000/month of media spend and $750/month for campaign
management and optimization.
Deliverables:
5 ads for use in social media marketing
Media plan for September – December 2017
Quarterly media performance reports
ECONOMIC DEVELOPMENT PROJECTS:
Economic Development Website Development $15,000
Atlas to develop agreed upon design in the Wordpress website platform.
Assumptions:
Developed for mobile devices
Includes language translation using Google translate
Includes CMS training
Deliverables:
Delivery of developed website. Functional website development to be completed based on signed
creative to tech handoff document
Economic Development Website Hosting and Support $4,000 total for 6 mos.
Atlas to provide hosting services for the new economic development website as well as up to 20 hours of
pre-paid, reduced cost support for website enhancements or other items as they arise.
Economic Development Website Content Upload $7,500
Atlas to upload final copy and photos onto the new website.
Atlas Advertising, llc. 303.292.3300 | www.atlas-advertising.com | 1860 Blake Street, Suite B101, Denver, CO 80202
AGENDA ITEM #6. a)
Assumptions:
Includes up to 20 pages of finalized copy
Does not include the collection or assignment of photography
ECONOMIC DEVELOPMENT PROJECTS—CONT’D
Economic Development Digital Advertising Campaign Placement $10,000
Implementation of the digital advertising campaign during August – November. Includes $1,500 of media
placement per month and optimization with monthly reporting at $1,000/month.
Deliverables:
Monthly media performance reports
TOURISM PROJECTS:
Tourism Microsite Development $13,500
Atlas to develop agreed-upon design in the Wordpress website platform.
Assumptions:
Developed for mobile devices
Includes language translation using Google translate
Includes CMS training
Deliverables:
Delivery of developed website. Functional website development to be completed based on signed
creative to tech handoff document
Tourism Microsite Hosting and Support $4,000 total for 6 mos.
Atlas to provide hosting services for the new tourism microsite as well as up to 20 hours of pre-paid,
reduced cost support for website enhancements or other items as they arise.
Tourism Microsite Content Upload $3,000
Atlas to upload final copy and photos onto the new microsite.
Assumptions:
Includes up to 8 pages of finalized copy
Does not include the collection or assignment of photography
Tourism Digital Advertising Campaign Placement $10,000
Implementation of the digital advertising campaign during July - October. Includes $1,500 of media
placement per month and optimization with monthly reporting at $1,000/month.
Deliverables:
Monthly media performance reports
Atlas Advertising, llc. 303.292.3300 | www.atlas-advertising.com | 1860 Blake Street, Suite B101, Denver, CO 80202
AGENDA ITEM #6. a)
RCMC PROJECTS PRICING SUMMARY: $90,000
Project Cost
City of Renton Downtown Summer Social Media Advertising Campaign $12,000
City of Renton Downtown Fall Social Media Advertising Campaign $11,000
Downtown Projects Total $23,000
Economic Development Website Development $15,000
Economic Development Website Hosting and Support (for 6 months) $4,000
Economic Development Website Content Upload $7,500
Economic Development Digital Advertising Campaign $10,000
Economic Development Projects Total $36,500
Tourism Microsite Development $13,500
Tourism Microsite Hosting and Support (for 6 months) $4,000
Tourism Microsite Content Upload $3,000
Tourism Digital Advertising Campaign $10,000
Tourism Projects Total $30,500
TOTAL FY18 PROJECTS $90,000
*$27,000 to be spent directly with search engines and digital advertising sites (this is the
price if client puts on their own credit card).
PROPOSED TIMELINE
Downtown
Content Audit/Sitemap Creation: w/o 4/3-4/10 (Port of Seattle/Renton - first contract)
Web Design: w/o 4/17-5/ 8 (Port of Seattle/Renton - first contract)
Web Development: w/o 5/15/-5/29 (Port of Seattle/Renton - first contract)
Social Media Planning: w/o 5/1-5/29 (Port of Seattle/Renton - first contract)
Summer Social Campaign: w/o 6/5-8/28
Fall Social Campaign: w/o 9/4-12/31
Economic Development
Content Audit/Sitemap Creation: w/o 4/3-4/10 (Port of Seattle/Renton - first contract)
Web Design: w/o 4/17-5/22 (Port of Seattle/Renton - first contract)
Web Development: w/o 5/29-6/5
Content Development: w/o 5/1-5/29 (Port of Seattle/Renton - first contract)
Content Upload: 6/12-6/19
Digital Campaign Planning/Ad Creation: w/o 4/24-5/29 (Port of Seattle/Renton - first contract)
Digital Campaign Implementation: w/o 8/7-11/27
Atlas Advertising, llc. 303.292.3300 | www.atlas-advertising.com | 1860 Blake Street, Suite B101, Denver, CO 80202
AGENDA ITEM #6. a)
Hosting Support: w/o 6/12-12/31
Tourism
Content Audit/Sitemap Creation: w/o 4/3-4/10 (Port of Seattle/Renton - first contract)
Web Design: w/o 4/17-5/15 (Port of Seattle/Renton - first contract)
Web Development: w/o 5/22-5/29 (Port of Seattle/Renton - first contract)
Content Development: w/o 5/1-5/15 (Port of Seattle/Renton - first contract)
Content Upload: 6/5-6/12
Digital Campaign Planning/Ad Creation: w/o 4/24-5/29 (Port of Seattle/Renton - first contract)
Digital Campaign Implementation: w/o 7/3-10/30
Hosting Support: w/o 6/12-12/31
BUDGET BREAKDOWN
Atlas costs $9,000 billed June-December each monthly
Media Spend $27,000 billed June
Atlas Advertising, llc. 303.292.3300 | www.atlas-advertising.com | 1860 Blake Street, Suite B101, Denver, CO 80202
AGENDA ITEM #6. a)
CITY OF
CAG-17-091
en on
AGREEMENT FOR ECONOMIC DEVELOPMENT WEBSITE DESIGN
AND DIGITAL ADVERTISING CAMPAIGN
CAG-17-o91
THIS AGREEMENT, dated April 2017, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and Atlas Advertising ("Consultant"), a marketing and
technology company. The City and the Consultant are referred to collectively in this Agreement
as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last
date signed by both parties.
1. Scope of Work: Consultant agrees to provide website design and digital advertising
campaign and media plan for powntown, city-wide economic development, and
tourism as specified in Exhibit A, which is attached and incorporated herein and may
hereinafter be referred to as the "Work."
2. Chan es in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such
changes to the Work shall be ordered by the City in writing and the Compensation shall
be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise
mutually agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no
later than June 30, 2017.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $87,500, plus any applicable state and local sales taxes.
Compensation shall be paid based upon Work actually performed according to the
rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or
flat rate charged by it for its Work shall remain locked at the negotiated rate(s)
unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically
provided herein, the Consultant shall be solely responsible for payment of any taxes
imposed as a result of the performance and payment of this Agreement.
B. Method of Pavment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a
AGENDA ITEM #6. a)
form specified by the City, including a description of what Work has been
performed, the name of the personnel performing such Work, and any hourly labor
charge rate for such personnel. The Consultant shall also submit a final bill upon
completion of all Work. Payment shall be made by the City for Work performed
within thirty (30) calendar days after receipt and approval by the appropriate City
representative of the voucher or invoice. If the Consultant's performance does not
meet the requirements of this Agreement, the Consultant will correct or modify its
performance to comply with the Agreement. The City may withhold payment for
work that does not meet the requirements of this Agreement.
C. Effect of Pavment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days' notice to the Consultant in writing. In the
event of such termination or suspension, all finished or unfinished documents, data,
studies, worksheets, models and reports, or other material prepared by the
Consultant pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be
entitled to payment for all hours worked to the effective date of termination, less all
payments previously made. If the Agreement is terminated by the City after partial
performance of Work for which the agreed compensation is a fixed fee, the City
shall pay the Consultant an equitable share of the fixed fee. This provision shall not
prevent the City from seeking any legal remedies it may have for the violation or
nonperformance of any of the provisions of this Agreement and such charges due to
the City shall be deducted from the final payment due the Consultant. No payment
shall be made by the City for any expenses incurred or work done following the
effective date of termination unless authorized in advance in writing by the City.
6. Warranties And Ri ht To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
Page 2 of 10
AGENDA ITEM #6. a)
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing
the Work in compliance with applicable City standards or guidelines (e.g. design criteria
and Standard Plans for Road, Bride and Municipal Construction). Professional engineers
shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant
to RCW 18.43.070. Consultant further represents and warrants that all final work
product created for and delivered to the City pursuant to this Agreement shall be the
original work of the Consultant and free from any intellectual property encumbrance
which would restrict the City from using the work product. Consultant grants to the City
a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify,
and display all final work product produced pursuant to this Agreement. The City's or
other's adaptation, modification or use of the final work products other than for the
purposes of this Agreement shall be without liability to the Consultant. The provisions of
this section shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required
by applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records
Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent
search of all records in its possession or control relating to this Agreement and the
Work, including, but not limited to, e-mail, correspondence, notes, saved telephone
messages, recordings, photos, or drawings and provide them to the City for production.
In the event Consultant believes said records need to be protected from disclosure, it
may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify,
defend, and hold harmless the City for all costs, including attorneys' fees, attendant to
any claim or litigation related to a Public Records Act request for which Consultant has
responsive records and for which Consultant has withheld records or information
contained therein, or not provided them to the City in a timely manner. Consultant shall
produce for distribution any and all records responsive to the Public Records Act request
in a timely manner, unless those records are protected by court order. The provisions of
this section shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set
forth in this Agreement. The nature of the relationship between the Consultant and
Page 3 of 10
AGENDA ITEM #6. a)
the City during the period of the Work shall be that of an independent contractor,
not employee. The Consultant, not the City, shall have the power to control and
direct the details, manner or means of Work. Specifically, but not by means of
limitation, the Consultant shall have no obligation to work any particular hours or
particular schedule, unless otherwise indicated in the Scope of Work or where
scheduling of attendance or performance is mutually arranged due to the nature of
the Work. Consultant shall retain the right to designate the means of performing the
Work covered by this agreement, and the Consultant shall be entitled to employ
other workers at such compensation and such other conditions as it may deem
proper, provided, however, that any contract so made by the Consultant is to be
paid by it alone, and that employing such workers, it is acting individually and not as
an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to
Consultant or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,
the Consultant agrees to notify the City and complete any required form if the
Consultant retired under a State of Washington retirement system and agrees to
indemnify any losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the
negligent acts, errors or omissions of the Consultant in its performance of this
Agreement or a breach of this Agreement by Consultant, except for that portion of the
claims caused by the City's sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence
relative to construction, alteration, improvement, etc., of structure or improvement
attached to real estate...) then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Consultant and the City, its officers, officials, employees and
volunteers, Consultant's liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Page 4 of 10 4"`
AGENDA ITEM #6. a)
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law, the Consultant shall not give a gift of any
kind to City employees or officials. Consultant also confirms that Consultant does not
have a business interest or a close family relationship with any City officer or employee
who was, is, or will be involved in selecting the Consultant, negotiating or administering
this Agreement, or evaluating the Consultant's performance of the Work.
12. Citv of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good
standing throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://rentonwa.ov/business/default.aspx?id=548&mid=328.
Information regarding State business licensing requirements can be found at:
http;//dor.wa.ov/content/doin business/re istermvbusiness/
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 fo'r
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased,
hired or non-owned, with minimum limits of $1,000,000 per occurrence combined
single limit, if there will be any use of Consultant's vehicles on the City's Premises by
or on behalf of the City, beyond normal commutes.
Page5of10 V`
AGENDA ITEM #6. a)
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
14. Delavs: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall
the Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return
receipt requested, by facsimile or by nationally recognized overnight courier service.
Time period for notices shall be deemed to have commenced upon the date of receipt,
EXCEPT facsimile delivery will be deem d to have commenced on the first business day
following transmission. Email and telephone may be used for purposes of administering
the Agreement, but should not be used to give any formal notice required by the
Agreement.
CITY OF RENTON CONSULTANT
Cliff Long, Economic Development Director Guillermo Mazier, CEO
1055 South Grady Way 1860 Blake Street, Suite B101
Renton, WA 98057 Denver, CO 80202
Phone: (425) 430-6591 Phone: (303) 292-3300, x232
clong@rentonwa.gov guillermom@atlas-advertising.com
Fax: (425) 430-7300
Page 6 of 10 V
AGENDA ITEM #6. a)
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal,
state and local laws and regulations that may affect the satisfactory completion of
the project, which includes but is not limited to fair labor laws, worker's
compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply
with City of Renton Council Resolution Number 4085.
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to
Page 7 of 10
y - `
4
AGENDA ITEM #6. a)
perform the Work, said employee/sub-contractor/assignee will acquire and or
maintain such training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision
of Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker's Compensation coverage as well
as that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authoritv. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Mana ement. The City's project manager is Cliff Long,
Economic Development Director. In providing Work, Consultant shall coordinate
with the City's contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governin Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Draftin Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
Page8of10
AGENDA ITEM #6. a)
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or successor.
H. Severabilitv. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire A reement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant's performance of
this Agreement.
K. Third-Partv Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
L. Assi ns and Successors. The Parties each bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement,
and to the partners, successors, assigns, and legal representatives of such other
party with respect to all covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either
party's failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either the City or Consultant from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
Page 9 of 10 f
AGENDA ITEM #6. a)
IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONSULTANT
By:gy: --'="
m
Den s Law Guillermo Mazi
Mayor CEO
l3 ti - o- -
Date Date
Attest
J on A. Set
ity Clerk
Approved as to Legal Form
t.
Shane Moloney
Renton City Attorney
AgreementForm Updated 02/SO/2017
1\1111t111
I,
y F REN ''.
N
T
y,,,V *' ', :
SEAL = *_
7C : `i % w
i
c.
p in a" b,,`A
RA,o'SE,```.
Page 10 of 10
AGENDA ITEM #6. a)
EXHIBIT A
ATLAS
ADVERTISING
City of Renton, Washington
Proposed Projects for 2017
USAGE OF PORT OF SEATTLE/RENTON (BY MAY 31)
DOWNTOWN PROJECTS:
City of Renton Downtown Website Re-Design 8,000
Includes re-skin design for the downtown website to match the new City of Renton brand guidelines.
Assumptions:
Assumes all site content to remain the same
Client to work with developer for implementation/content migration
Deliverable:
Website designs provided in a creative to tech document
City of Renton Downtown Facebook Campaign Execution 7,000
Development of a social media campaign media plan to promote downtown during the summer months.
Deliverables: '
5 ads for use in social media marketing on Facebook
Media plan + execution for June—August 2017
PROJECTS PRICING SUMMARY: $15,000
Project Cost
City of Renton Downtown Website Re-Design 8,000
City of Renton Downtown Facebook Campaign Execution 7,000
Downtown Projects Total 15,000
Atlas Advertising, IIC. 303.292.3300 www.atlas-advertising.com 1860 Blake Street,Suite B101, Denver,CO 80202
AGENDA ITEM #6. a)
AT AS
ADVERTISING
ECONOMIC DEVELOPMENT PROJECTS:
Economic Development Website Design 15,000
Atlas to design custom homepage and up to four interior page templates. Initial design phase to include
one design concept consisting of homepage design and one interior page template design.
Assumptions:
Assumes up to finro rounds of revisions on initial concept during the design phase
New site to integrate GIS Planning Components via an Iframe
Economic Development Website Content Development 10,000
Atlas will develop a site map and content outline for a new economic development website. Once the
content outline is developed, Atlas will write 20 pages of copy.
Assumptions:
Includes one round of review and revisions to content
Does not include downloads, data sets or photography.
Photography to be provided by client.
Stock photos must be approved by client before purchase.
Stock photo costs not included in website content scope.
Deliverables:
20 pag s of client-approved content
Economic Development Digital Advertising Campaign and Media Plan 15,000
Development of digital advertising campaign creative to raise awareness of the City of Renton among
economic development target audiences. Includes the development of a 6-month media plan for 2017.
Assumptions:
Atlas to design 3 ad concepts.
Includes one round of consolidated revisions.
Atlas to re-size final ad concept into 5 sizes.
Atlas Advertising, IC. 303.292.3300 www.atlas-advertising.com 1860 Blake Street, Suite 6101, Denver,CO 80202
AGENDA ITEM #6. a)
AT AS
ADVERTISING
USAGE OF PORT/RENTON FUNDING-CONT'D
TOURISM PROJECTS:
Tourism Microsite Design 10,000
Atlas to design custom homepage and one interior page template.
Assumptions:
Assumes up to two rounds of revisions on initial concept during the design phase
Tourism Microsite Content Development 7,500
Atlas will develop a site map and content outline for a new website targeting tourists and meeting
planners. Once the content outline is developed, Atlas will write 8 pages of content.
Assumptions:
Includes one round of review and revisions to content
Does not include downloads, data sets or photography
Photography to be provided by client.
Stock photos must be approved by client before purchase.
Stock photo costs not included in website content scope.
Deliverables:
8 pages of client-approved content
Tourism Digital Advertising Campaign and Media Plan 15,000
Development of a digital advertising campaign creative to raise awareness of the City of Renton among
tourism target audiences (including meeting planners). Includes the development of a 6-month media
plan for 2017.
Assumptions:
Atlas to design 3 ad concepts.
Includes one round of consolidated revisions.
Atlas to re-size final ad concept into 5 sizes.
PORT OF SEATTLE/RENTON PRICING SUMMARY: Total $87,500
Project Cost
City of Renton Downtown Website Re-Design 8,000
City of Renton Downtown Facebook Campaign Execution 7,000
Downtown Projects Total 15,000
Economic Development Website Design 15,000
Economic Development Website Content Development 10,000
Economic Development Digital Advertising Campaign and Media Plan 15,000
Economic Development Projects Total 40,000
Tourism Microsite Design 10,000
Atlas Advertising, IIC. 303.292.3300 www.atlas-advertisinq.com 1860 Blake Street, Suite 6101, Denver,CO 80202
AGENDA ITEM #6. a)
ATLAS
ADVERTISING
Tourism Microsite Content Development 7,500
Tourism Digital Advertising Campaign and Media Plan 15,000
Tourism Projects Total 32,500
note total cost to be paid directly to Facebook is $3,500 to be paid up front
PROPOSED TIMELINE
Downtown
Content Audit/Sitemap Creation: w/o 4/3-4/10
Web Design: w/o 4/17-5/8
Web Development: w/o 5/15/-5/29
Social Media Planning: w/o 5/1-5/29
Summer Social Campaign: w/o 6/5-8/28 (RCMC - second contract)
Fall Social Campaign: w/o 9/4-12/31 (RCMC - second contract)
Economic Development
Content Audit/Sitemap Creation: w/o 4/3-4/10
Web Design: w/o 4/17-5/22
Web Development: w/o 5/29-6/5
Content Development: w/o 5/1-5/29
Content Upload: 6/12-6/19 (RCMC - second contract)
Digital Campaign Planning/Ad Creation: w/o 4/24-5/29
Digital Campaign Implementation: w/o 8/7-11/27 (RCMC - second contract)
Hosting Support: w/o 6/12-12/31 (RCMC - second contract)
Tourism
Content Audit/Sitemap Creation: w/o 4/3-4/10
Web Design: w/o 4/17-5/15
Web Development: w/o 5/22-5/29
Content Development: w/o 5/1-5/15
Content Upload: 6/5-6/12 (RCMC - second contract)
Digital Campaign Planning/Ad Creation: w/o 4/24-5/29
Digital Campaign Implementation: w/o 7/3-10/30 (RCMC - second contract)
Hosting Support: w/o 6/12-12/31 (RCMC - second contract)
BUDGET BREAKDOWN
Atlas Costs $21,875 to be billed twice in April, finrice in May for clienYs two billing cycles
each month.
Atlas Advertising, IIC. 303.292.3300 www.atlas-advertising.com 1860 Blake Street, Suite B101, Denver,CO 80202
AGENDA ITEM #6. a)
AB - 1906
City Council Regular Meeting - 12 Jun 2017
SUBJECT/TITLE: Request to create a new position of Court Security Officer
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Municipal Court
STAFF CONTACT: Bonnie Woodrow, Court Services Director
EXT.: 6531
FISCAL IMPACT SUMMARY:
$91,974.55 - 2017 (Step C)
$97,911.95 - 2018 (Step D plus 2018 assumptions)
The court would absorb the expense of the FTE by transferring the contract budget expense and overtime
expense line items to salaries and benefits. The court intends to hire this position at grade a04, step A.
SUMMARY OF ACTION:
Approve request to create a new position within the Municipal Court for a Court Security Officer. The court
has the capacity within it's current budget to fund the position.
Weapons are prohibited in courthouses per RCW 9.41.300. Weapons screening is a standard practice in most
courthouses and is the single most important element in a comprehensive courthouse security program.
Renton Municipal Court has security and weapon screening and has contracted our courthouse security
position for the last 12 years. Our request is to bring this position in-house. An in-house employee would
have the latitude to help with a wider variety of tasks that would help the efficiency of the hearing and trial
process.
In any given year the court holds over 18,000 hearings. Our trial caseload has increased approximately 70%
since 2014. If our jury trial pace continues, we expect to hold 50 trials in 2017. Jury management is a critical
piece of the trial process. By expanding the Court Security Officer's responsi bilities, this position could greatly
help with juror management to include help with juror check-in, roll call, maintain separation of jurors from
defendants/witnesses; scan and secure courtrooms before and after each session, help to maintain order and
decorum in the courtrooms and help with general courtroom support as time allows. In addition, we would
like to expand this position's first aid capabilities to include CPR and defibrillation (AED) training.
The court lost three staff positions since 2012 due to budget cuts. Those layoffs did result in the court
becoming a more efficient, technology driven department. However in that same timeframe, the City
Attorney's office added one prosecutor and one paralegal FTE and are currently in a better posi tion to push
cases to trial. Rather than request the addition of clerical staff, we are requesting to bring our current
contracted position in-house and add additional responsibilities to that position. Reallocating the
responsibilities of staff will improve the court's current processes.
EXHIBITS:
A. Job Description
AGENDA ITEM #6. b)
STAFF RECOMMENDATION:
Approve the transfer of the Court Security Officer from a contracted position to a city employee under the
direction of the Municipal Court Judge.
AGENDA ITEM #6. b)
CLASS TITLE:Court Security Officer (____)
FLSA STATUS: BARGAINING UNIT: PAY RANGE:
Non Exempt AFSCME a04
JOB SUMMARY:
Perform operations and manual duties in the security and safety of the court. Complete
tasks according to established policies and procedures, work independently with limited
supervision, and contribute through knowledge, skills, and good work habits.
SUPERVISION:
Reports To: Court Services Director
Supervises: None
JOB DUTIES/RESPONSIBILITIES:
Essential Functions:
Screen all individuals entering the Municipal Court to prevent introduction of
dangerous weapons or contraband into the courtroom.
Monitor metal detector, hand wand persons who set off metal detector alarm or
those unable to pass through metal detector.
Perform package inspection and log all incoming packages being brought into the
court area.
Assist and direct visitors to courtrooms and other facilities in the court area.
Call 911 for support when necessary. Court Security Officer will not detain, or attempt
to apprehend individuals.
Observe building occupants for compliance with rules and regulations; report
potentially dangerous individuals immediately to the Court Administration.
Receive and turn in lost articles to the Court Office.
Report potentially hazardous conditions and items in need of repair.
Prepare required reports on accidents, fires, bomb threats, unusual incidents and
unlawful acts and provide to the Court Services Director.
Monitor courtroom doors and inspect courtrooms before and after all court sessions.
Monitor main lobby and court clerk office for access control and for safety issues.
Act as a concierge for the City by providing information, directions or calling for
requested services.
Cooperate with law enforcement and/or authorized emergency personnel.
AGENDA ITEM #6. b)
Court Security Officer - Continued Page 2
Act as Jury liaison, checking in jurors and directing to the proper jury room until called
by the judge. Maintain separation of jurors, trial witnesses and defendants while in
the lobby and hallways.
At the discretion of the Court Services Director, perform such other functions as
necessary in the event of situations or occurrences such as civil disturbances, or other
criminal acts adversely affecting the security or safety of the employees and general
public.
Remain current with relevant technological advancements as it relates to field.
Maintain regular, reliable, and punctual attendance, work evening and/or weekend
hours as assigned, and travel as required.
Standard Functions:
Perform other duties as assigned.
May be assigned to support critical city priorities during disasters or other
emergencies.
EDUCATION, EXPERIENCE, AND LICENSE REQUIREMENTS:
High school diploma or equivalent.
1 years’ experience as a security officer.
CPR and First Aid and AED certificates within six months of employment.
Successful passing of a required background check and national fingerprint-based
records check.
KNOWLEDGE, SKILLS, AND ABILITIES REQUIREMENTS:
Oral communication skills.
Written communication skills, ensuring correct grammar, spelling, punctuation and
vocabulary.
Interpersonal skills using tact, patience, and courtesy.
Effective, professional, and positive interactions with all individuals.
Understand and follow direction given.
Meet schedules and deadlines.
Recordkeeping and data entry skills.
Problem-solving skills.
Decision-making and conflict-resolution skills.
Detail-oriented and organization skills.
Ability to:
o Compose reports.
o Work independently.
o Analyze situations quickly and objectively, recognizing actual and potential
dangers and to determine a proper course of action.
Knowledge of:
AGENDA ITEM #6. b)
Court Security Officer - Continued Page 3
o Municipal Court and related security policies and procedures.
o Applicable federal, state, and local laws, codes, regulations, policies and
procedures.
o Methods, materials, and tools used in security officer work.
o Proper use of security and safety devices or equipment.
o Microsoft Word and Outlook. ,
WORK ENVIRONMENT/PHYSICAL DEMANDS:
The following represent the physical demands that must be met to successfully perform
the essential functions of this job:
100 % of work is performed in a typical office environment
Work is performed primarily in a courthouse under pressure and requires the
ability to quickly adjust to changing priorities and demands.
Operate a computer and other office equipment.
Frequent communication with City employees and customers.
Frequent standing for extended periods.
Lift or move items weighing up to 20 pounds on occasion
Noise level l in the office is moderately quiet.
Approved reasonable accommodation requests will be made to enable individuals with
disabilities to perform the essential functions of the job.
Established Date: June 2017
Revised: _______
Original Title: N/A
AGENDA ITEM #6. b)
AB - 1923
City Council Regular Meeting - 12 Jun 2017
SUBJECT/TITLE: Agreement with BergerABAM, Inc. for the NE 31st Street Bridge
Replacement Project (TIP #36)
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Derek Akesson, Project Manager
EXT.: 7337
FISCAL IMPACT SUMMARY:
The expenditure required for this agreement is $322,364.00. To date the City has been awarded $1,413,640 in
Federal Highway Administration funding for this project.
SUMMARY OF ACTION:
BergerABAM, Inc. has been selected for construction management and inspection services for the NE 31st
Street Bridge Replacement Project (TIP #36). The purpose of this agreement is to provide construction
administration, inspection, materials testing and engineering support services during construction of the
project. The total amount of the agreement is $322,364.00.
Incurred expenses from this agreement will be paid out of the NE 31st Street Bridge Replacement Project (TIP
#36, account number 317.122605.016.595.30.63.002). Allowance for construction management and
inspection services costs was established in the original project budget. This agr eement fits within the
established budget. However, based on the 100% construction cost estimate received from the engineer of
record, the City is presently pursuing additional Federal Highway Administration grant funding from the
Washington State Department of Transportation in anticipation of a projected project funding shortfall.
BergerABAM, Inc. was selected pursuant to City of Renton, Policy & Procedure Number 250 -02 and WSDOT
Local Agency Guidelines utilizing a request for qualifications process.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the agreement with BergerABAM, Inc. for the NE 31st Street
Bridge Replacement Project (TIP #36). The total amount of the agreement is $322,364.00.
AGENDA ITEM #6. c)
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:CAG-17-074
Firm/Organization Legal Name (do not use dba's):
BergcrABAM Inc.
Address Federa|Aid Number
33301 Ninth Ave S Ste 300,Federal Way WA 98003 BROS—1070(009)
UB1Number Federal TIN or SSN Number
601-110-595 91—1422812
Execution Date Completion Date
December 31,2018
1099 Form Required Federal Participation
Yes I No I Yes No
Project Title
NE 31st Street Bridge Replacement
Description of Work
The City of Renton is planning to replace the NE 31st St Bridge (Renton—23)with a new bridge.The existing
bridge is structurally de?cient with a suf?ciency rating of 27.The bridge crosses over May Creek.The City has
secured FHWA funding for design,environmental permitting,right—of»way acquisition and construction.
The work to be performed by the consultant in this contract includes construction management and inspection
services and engineering support during construction.
Yes I No DBE Participation Maximum Amount Payable:$322,364
Yes I No MBE Participation
Yes I No WBE Participation
Yes I No SBE Participation
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certi?cation Documents
Exhibit H Liability Insurance Increase
Exhibit 1 Alleged Consultant Design Error Procedures
Exhibit .1 Consultant Claim Procedures
Agreement Number:CAG-17-074
Local AgencyA&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
THIS AGREEMENT,made and entered into as shown in the "Execution Date"box on page one (1)of this
AGREEMENT,between the city of Ramon .a
hereinaftercalled the “AGENCY,”and the “Firm /Organization Name”referenced on page one (I)of this
AGREEMENT,hereinafter called the “CONSULTANT.“
WHEREAS,the AGENCY desires to accomplish the work referenced in “Description of Work”on page one (I)
of this AGREEMENT and hereafter called the “SERVICES;”and does not have suf?cient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES;and
WHEREAS,the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration,if applicable,and has signi?ed a willingness to furnish consulting services to
the AGENCY.
NOW,THEREFORE,in consideration of the terms,conditions,covenants,and performance contained herein,
or attached and incorporatedand made a part hereof,the parties hereto agree as follows:
I.General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein de?ned,and
necessary to accomplish the completed work for this project.The CONSULTANT shall furnish all services,labor,
and related equipment and,if applicable,sub-consultantsand subcontractorsnecessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A”attached
hereto and by this reference made a part of this AGREEMENT.The General Scope of Work was developed
utilizing performance based contracting methodologies.
III.General Requirements
All aspects of coordination ofthe work ofthis AGREEMENT with outside agencies,groups,or individuals shall
receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or
individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress,
and presentation meetings with the AGENCY and/or such State,Federal,Community.City,or County of?cials,
groups or individualsas may be requested by the AGENCY.The AGENCY will provide the CONSULTANT
suf?cient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days’
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANTshall prepare a monthly progress report,in a form approved by the AGENCY,which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
suf?cient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT,any sub-consultants,and the AGENCY shall comply with all Federal,State,and local laws,
rules,codes,regulations,and all AGENCY policies and directives,applicable to the work to be performed under
this AGREEMENT.This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:CAG-17-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14Revised4/10/2015
AGENDA ITEM #6. c)
Participation for Disadvantaged Business Enterprises (DBE)or Small Business Enterprises (SBE),if required,
per 49 CFR Part 26,shall be shown on the heading of this AGREEMENT.lfDBE ?rms are utilized at the
commencement of this AGREEMENT,the amounts authorized to each ?rm and their certi?cation number will
be shown on Exhibit “B”attached hereto and by this reference made part of this AGREEMENT.If the Prime
CONSULTANT is a DBE certi?ed ?rm they must comply with the Commercial Useful Function (CUF)regulation
outlined in the AGENCY’s “DBE Program Participation Plan”and perform a minimum of 30%of the total amount
of this AGREEMENT.It is recommended,but not required,that non-DBE Prime CONSULTANTS perform
a minimum of 30%ofthe total amount ofthis AGREEMENT.
The CONSULTANT,on a monthly basis,is required to submit DBE Participation of the amounts paid to all DBE
?rms invoiced for this AGREEMENT.
All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic ?les,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit “C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs,drawings,speci?cations,documents,and other work products,including all electronic ?les,prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES,and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or
on behalf of the AGENCY of any such instruments of service,not occurring as a part of this SERVICE,shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i)certi?ed mail,return receipt requested,or (ii)by email or facsimile,to the address set forth below:
lfto AGENCY:lfto CONSULTANT:
Name:Derek Akesson Name:Robert Fernandes
Agency:City of Renton Agency:BergerABAM Inc.
Address:City Hall —5th Floor,1055 S Grady Way Address:3330]Ninth Avenue S.,Suite 300
City:Renton State:WA Zip:98057 City:Federal Way State:WA Zip:98003
Email:dakesson@rentonwa.gov Email:bob.femandes@abam.com
Phone:425-430-7337 Phone:206-431-2333
Facsimile;425-430-7376 Facsimile:206-431-2250
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY.All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents.These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of
unavoidable delays caused by an act of GOD,governmental actions,or other conditions beyond the control of the
CONSULTANT.A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
Agreement Number:CAG-17-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
V.Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter.Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor.materials.supplies,equipment.and incidentals necessary to complete SERVICES.
The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A.Hourly Rates:Hourly rates are comprised ofthe following elements —Direct (Raw)Labor.Indirect Cost Rate.
and Fixed Fee (Pro?t).The CONSULTANT shall be paid by the AGENCY for work done.based upon the
negotiated hourly rates shown in Exhibits "D"and "E”attached hereto and by reference made part of this
AGREEMENT.These negotiated hourly rates will be accepted based on a review ofthe CONSULTANT’s
direct labor rates and indirect cost rate computations and agreed upon ?xed fee.The accepted negotiated
rates shall be memorialized in a ?nal written acknowledgement between the parties.Such ?nal written
acknowledgement shall be incorporated into.and become a part of,this AGREEMENT.The initially accepted
negotiated rates shall be applicable from the approval date.as memorialized in a ?nal written acknowledgement.
to 180 days following the CONSULTANTS ?scal year end (FYE)date.
The direct (raw)labor rates and classi?cations.as shown on Exhibits “D”and “E”shall be subject to
renegotiations for each subsequent twelve (12)month period (180 days following FYE date to 180 days
following FYE date)upon written request ofthe CONSULTANT or the AGENCY.The written request must
be made to the other party within ninety (90)days following the CONSULTANT’s FYE date.If no such written
request is made.the current direct (raw)labor rates and classi?cations as shown on Exhibits "D“and
will remain in effect for the twelve (I2)month period.
Conversely.ifa timely request is made in the manner set forth above,the parties will commence negotiations
to determine the new direct (raw)labor rates and classi?cations that will be applicable for the twelve (I2)
month period.Any agreed to renegotiated rates shall be memorialized in a ?nal written acknowledgement
between the parties.Such ?nal written acknowledgement shall be incorporated into.and become a part of,this
AGREEMENT.If requested.the CONSULTANT shall provide current payroll register and classi?cations to aid
in negotiations.lfthe parties cannot reach an agreement on the direct (raw)labor rates and classi?cations.the
AGENCY-shall perform an audit ofthe CONSULTANTS books and-records to determine the CONSULTANT’s
actual costs.The audit ?ndings will establish the direct (raw)labor rates and classi?cations that will be
applicable for the twelve (12)month period.
The ?xed fee as identi?ed in Exhibits “D"'and shall represent a value to be applied throughout the life
ofthe AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days ofthe
close ofits ?scal year.An approved updated indirect cost rate shall be included in the current ?scal year rates
under this AGREEMENT,even if/when other components of the hourly rate are not renegotiated.These rates
will be applicable for the twelve (I2)month period.At the AGENCY’s option.a provisional and/or conditional
indirect cost rate may be negotiated.This provisional or conditional indirect rate shall remain in effect until the
updated indirect cost rate is completed and approved.Indirect cost rate costs incurred during the provisional
or conditional period will not be adjusted.The CONSULTANT may request an extension ofthe last approved
indirect cost rate for the twelve (12)month period.These requests for provisional indirect cost rate and/or
extension will be considered on a case—by—casebasis.and ifgranted,will be mcmorialized in a ?nal written
acknowledgement.
The CONSULTANT shall maintain and have accessible support data for veri?cation of the components ofthe
hourly rates,i.e..direct (raw)labor.indirect cost rate.and ?xed fee (pro?t)percentage.The CONSULTANT
shall bill each employee’s actual classi?cation,and actual salary plus indirect cost rate plus ?xed fee.
Agreement Number:CAG-17-074
Local AgencyA&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
B.Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT.
These charges may include,but are not limited to,the following items:travel,printing,long distance telephone,
supplies,computer charges and fees of sub-consultants.Air or train travel will be reimbursed only to lowest
price available,unless otherwise approved by the AGENCY.The CONSULTANT shallcomply with the
rules and regulations regarding travel costs (excluding air,train,and rental car costs)in accordance with the
WSDOT’s Accounting Manual M I3-82,Chapter I0 —Travel Rules and Procedures,and all revisions thereto.
Air,train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR)
Part 31.205-46 “Travel Costs.”The billing for Direct Non-salary Costs shall include an itemized listing of the
charges directly identi?able with these SERVICES.The CONSULTANT shall maintain the original supporting
documents in their of?ce.Copies of the original supporting documents shall be supplied to the STATE upon
request.All above charges must be necessary for the SERVICES provided under this AGREEMENT.
C.Maximum Amount Payable:The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.)
The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,“Extra
Work.”No minimum amount payable is guaranteed under this AGREEMENT.
D.Monthly Progress Payments:Progress payments may be claimed on a monthly basis for all costs authorized in
A and B above.The monthly billings shall be supported by detailed statements for hours expended at the rates
established in Exhibit “D,”including names and classi?cations of all employees,and billings for all direct non-
salary expenses.To provide a means of verifying the billed salary costs for the CONSULTANT’s employees,
the AGENCY may conduct employee interviews.These interviews may consist of recording the names,titles,
salary rates,and present duties of those employees performing work on the SERVICES at the time of the
interview.
E.Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its veri?cation by the AGENCY after the completion of the SERVICES under this
AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,electronic data,and other
related documents which are required to be furnished under this AGREEMENT.Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT
may have against the AGENCY unless such claims are speci?cally reserved in writing and transmitted to the
AGENCY by the CONSULTANT prior to its acceptance.Said Final Payment shall not,however,be a bar to
any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may
pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of ?nal audit all required adjustments will be made and re?ected in a ?nal payment.In the event that such
?nal audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment
to the AGENCY within thirty (30)calendar days of notice of the overpayment.Such refund shall not
constitute a waiver by the CONSULTANT for any claims relating to the validity of a ?nding by the AGENCY
of overpayment.Per WSDOT’s “Audit Guide for Consultants,”Chapter 23 “Resolution Procedures,”the
CONSULTANT has twenty (20)working days after receipt of the ?nal Post Audit to begin the appeal process to
the AGENCY for audit ?ndings.
F.Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States,for a period of six (6)years after receipt of ?nal
payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception:if any litigation,claim or audit arising out of,in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6)year period,the cost records and
accounts shall be retained until such litigation,claim,or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT.The audit,if any,will be performed by the
State Auditor,WSDOT’s Internal Audit Of?ce and /or at the request of the AGENCY’s Project Manager.
Agreement Number:CAG-17-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A"attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY.No permission for subcontracting shall create,between the AGENCY
and sub-consultant,any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E”attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identi?ed in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor,indirect cost rate,direct non-salary costs and ?xed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V “Payment Provisions”herein and shall be
memorialized in a ?nal written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT,and the CONSULTANT shall require
each sub-consultant or subcontractor,of any tier,to abide by the terms and conditions of this AGREEMENT.With
respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the STATE’s
Prompt Payment laws as set forth in RCW 39.04.5250and RCW 39.76.01 I.
The CONSULTANT,sub-recipient,or sub-consultant shall not discriminate on the basis of race,color,national
origin,or sex in the performance of this AGREEMENT.The CONSULTANT shall can'y out applicable
requirements of 49 CF R Part 26 in the award and administration of DOT-assisted contracts.Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona
?de employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or
agreed to pay any company or person,other than a bona ?de employee working solely for the CONSULTANT,any
fee,commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the
award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul
this AGREEMENT without liability or,in its discretion,to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the
CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen’s
Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of this
AGREEMENT,any professional or technical personnel who are,or have been,at any time during the period of this
AGREEMENT,in the employ of the United States Department of Transportation or the AGENCY,except regularly
retired employees,without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
Agreement Number:CAG-17-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
VIII.Nondiscrimination
During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,sub-consultants,
subcontractors and successors in interest,agrees to comply with the following laws and regulations:
-Title VI ofthe Civil Rights Act of I964 -Civil Rights Restoration Act of 1987
(42 U.S.C.Chapter 21 Subchapter V §2000d (Public Law 100-259)
ll“'°U8h 2000d'4a)-American with Disabilities Act of I990
-Federal-aid Highway Act of 1973 (42 U.S.C.Chapter 126 §12101 et.seq.)
(23 U.S.C.Chapter 3 §324).23 CFR part 200
-Rehabilitation Act of 1973 .49 CFR part 2]
(29 U.S.C.Chapter 16 Subchapter V §794)
-Age Discrimination Act of I975
(42 U.S.C.Chapter 76 §6l0l et.seq.)
-49 CFR Part 26
-RCW 49.60.I 80
In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit “F”
attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit “F”in
every sub-contract,including procurement of materials and leases ofequipment,unless exempt by the Regulations
or directives issued pursuant thereto.
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(I0)days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY,other than for default on the part of the
CONSULTANT,a ?nal payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10)days following receipt by the
CONSULTANT of the notice to terminate.If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2)of this
section,then no ?nal payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to
date of termination,whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination,the cost to the AGENCY of employing another ?rm to complete the SERVICES required and the
time which may be required to do so,and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination.Under no circumstances shall payment made under this subsection exceed the
amount,which would have been made using the formula set forth in paragraph two (2)of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to
perform is without the CONSULTANT’s or its employee’s fault or negligence,the termination shall be deemed to
be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed
for actual costs in accordance with the termination for other than default clauses listed previously.
Agreement Number:CAG-17-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
The CONSULTANT shall,within 15 days,notify the AGENCY in writing,in the event of the death of any member,
partner,or of?cer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or
other key personnel assigned to the project or disaf?liation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY,in writing,in the event of the sale or transfer of 50%or
more of the bene?cial ownership of the CONSULTANT within 15 days of such sale or transfer occurring.The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to tenninate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT.If termination for convenience occurs,?nal payment will be made to the CONSULTANT as
set forth in the second and third paragraphs of this section..
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT,or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X.Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein,without additional compensation thereof.Should the AGENCY
?nd it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be
considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work."
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
I0 days to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be ?nal and
binding on the parties ofthis AGREEMENT;provided however,that if an action is brought challenging the
Director of Public Works or AGENCY Engineer’s decision,that decision shall be subject to judicial review.If the
parties to this AGREEMENT mutually agree,disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit “J”.In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior
Court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington.The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
XII.Legal Relations
The CONSULTANT,any sub-consultants,and the AGENCY shall comply with all Federal,State,and local laws,
rules,codes,regulations and all AGENCY policies and directives,applicable to the work to be performed under this
AGREEMENT.This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend,indemnify,and hold the State of Washington (STATE)and the AGENCY and
their of?cers and employees hamiless from all claims,demands,or suits at law or equity arising in whole or in part
from the negligence of,or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the
CONSULTANT’s agents,employees,sub consultants,subcontractors or vendors,of any tier,or any other persons
for whom the CONSULTANT may be legally liable;provided that nothing herein shall require a CONSULTANT
Agreement Number:CAG-17-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
to defend or indemnify the STATE and the AGENCY and their of?cers and employees against and hold harmless
the STATE and the AGENCY and their of?cers and employees from claims,demands or suits based solely upon
the negligence of,or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their
agents,of?cers,employees,sub-consultants,subcontractors or vendors,of any tier,or any other persons for whom
the STATE and /or the AGENCY may be legally liable;and provided further that if the claims or suits are caused
by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT’s agents,employees,
sub-consultants,subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT is legally
liable,and (b)the STATE and/or AGENCY,their agents,of?cers,employees,sub-consultants,subcontractors and or
vendors,of any tier,or any other persons for whom the STATE and/or AGENCY may be legally liable,the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or
the negligence of the CONSULTANT’s agents,employees,sub-consultants,subcontractors or vendors,of any tier,
or any other persons for whom the CONSULTANT may be legally liable.This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant,subcontractor and vendor,of any tier.
The CONSULTANT shall also defend,indemnify,and hold the STATE and the AGENCY and their of?cers
and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,
proprietary information,know-how,copyright rights or inventions by the CONSULTANT or the CONSULTANT’s
agents,employees,sub-consultants,subcontractors or vendors,of any tier,or any other persons for whom the
CONSULTANT may be legally liable,in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods,processes,designs,information or other items furnished or
communicated to STATE and/or the AGENCY,their agents,of?cers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets,patents,proprietary information,know-how,copyright rights or
inventions resulting from STATE and/or AGENCY’s,their agents’,of?cers’and employees’failure to comply
with speci?c written instructions regarding use provided to STATE and/or AGENCY,their agents,of?cers and
employees by the CONSULTANT,its agents,employees,sub-consultants,subcontractors or vendors,of any tier,
or any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may,in its sole
discretion,by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW;or
any similar statute involving the CONSULTANT in the procurement of,or performance under,this AGREEMENT.
The CONSULTANT speci?cally assumes potential liability for actions brought by the CONSULTANT‘s own
employees or its agents against the STATE and/or the AGENCY and,solely for the purpose of this indemni?cation
and defense,the CONSULTANT speci?cally waives any immunity under the state industrial insurance law,Title 51
RCW.This waiver has been mutually negotiated by the Parties.
Unless otherwise speci?ed in this AGREEMENT,the AGENCY shall be responsible for administration of
construction contracts,if any,on the project.Subject to the processing of a new sole source,or an acceptable
supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract
administration.By providing such assistance,the CONSULTANT shall assume no responsibility for:proper
construction techniques,job site safety,or any construction contractor’s failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT,or as otherwise
required,the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Agreement Number:CAG-17-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
Insurance Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 Ol 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00)in the
aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any “Auto”(Symbol 1)used in an amount not less than a one million dollar ($1,000,000.00)combined single
limit for each occurrence.
Excepting the Worker’s Compensation lnsurance and any Professional Liability Insurance,the STATE and
AGENCY,their of?cers,employees,and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”),with no restrictions or limitations concerning
products and completed operations coverage.This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIS shall be excess over,and shall not contribute with,the additional insured
coverage required hereunder.The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall
waive any and all rights of subrogation against the Als.The CONSULTANT shall furnish the AGENCY with
veri?cation of insurance and endorsements required by this AGREEMENT.The AGENCY reserves the right to
require complete,certi?ed copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a veri?cation of insurance as outlined above within fourteen (I4)days of the
execution of this AGREEMENT to:
Name:Derek Akesson
Agency:City of Renton
Address:City Hall -5th Floor,1055 S Grady Way
City:Renton State:WA Zip:98057
Email:dakesson@rentonwa.gov
Phone:425-430-7337
Facsimile:425-430-7376
No cancellation of the foregoing policies shall be effective without thirty (30)days prior notice to the AGENCY.
The CONSULTANT’s professional liability to the AGENCY,including that which may arise in reference to
section IX “Termination of Agreement”of this AGREEMENT,shall be limited to the accumulative amount of the
authorized AGREEMENT or one million dollars ($1,000,000.00),whichever is greater,unless the limit of liability
is increased by the AGENCY pursuant to Exhibit H.in no case shall the CONSULTANT’s professional liability to
third parties be limited in any way.
The parties enter into this AGREEMENT for the sole bene?t of the parties,and to the exclusion of any third party,
and no third party bene?ciary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions”until the CONSULTANT has
fully complied with this section.This remedy is not exclusive;and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT,or otherwise in law.
Agreement Number:CAG-17-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
XIII.Extra Work
A.The AGENCY may at any time,by written order,make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance
of any part of the SERVICES under this AGREEMENT,whether or not changed by the order,or otherwise
affects any other terms and conditions of this AGREEMENT,the AGENCY shall make an equitable adjustment
in the:(1)maximum amount payable;(2)delivery or completion schedule,or both;and (3)other affected terms
and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,”hereafter referred to as “CLAIM,”
under this clause within thirty (30)days from the date of receipt of the written order.However,if the AGENCY
decides that the factsjustify it,the AGENCY may receive and act upon a CLAIM submitted before ?nal
payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes"clause.However,nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.)and (B.)above,the maximum amount payable for
this AGREEMENT,shall not be increased or considered to be increased except by speci?c written supplement
to this AGREEMENT.
XIV.Endorsement of Plans
If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering
data furnished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-l(a and b)”are the Certi?cations of the CONSULTANT and the AGENCY,Exhibit
“G-2”Certi?cation Regarding Debarment,Suspension and Other Responsibility Matters -Primary Covered
Transactions,Exhibit “G-3”Certi?cation Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit “G-4”Certi?cate of Current Cost or Pricing Data.Exhibit “G-3”is required only in AGREEMENT’s
over one hundred thousand dollars ($100,000.00)and Exhibit “G-4”is required only in AGREEMENT’s over
?ve hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT,and
submitted with the master AGREEMENT,and returned to the AGENCY at the address listed in section III “General
Requirements”prior to its performance of any SERVICES under this AGREEMENT.
XVII.Complete Agreement
This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the
parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or
be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or
modi?cations of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
Agreement Number:CAG-17-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
XVIII.Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed
to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,
representations,warranties,covenants,and AGREEMENT’s contained in the proposal,and the supporting material
submitted by the CONSULTANT,and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local,state
or federal statutes (“State’s Con?dential Information”).The “State’s Con?dential Information”includes,but is
not limited to,names,addresses,Social Security numbers,e-mail addresses,telephone numbers,?nancial pro?les,
credit card information,driver’s license numbers,medical data,law enforcement records (or any other information
identi?able to an individual),STATE and AGENCY source code or object code,STATE and AGENCY security
data,non-public Speci?cations,STATE and AGENCY non-publicly available data,proprietary software,STATE
and AGENCY security data,or information which mayjeopardize any part of the project that relates to any of
these types of information.The CONSULTANT agrees to hold the State’s Con?dential Information in strictest
con?dence and not to make use of the State’s Con?dential Information for any purpose other than the performance
of this AGREEMENT,to release it only to authorized employees,sub-consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT,and not to release,divulge,publish,transfer,
sell,disclose,or otherwise make it known to any other party without the AGENCY’s express written consent
or as provided by law.The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have
been previously approved by the AGENCY.The CONSULTANT agrees to implement physical,electronic,and
managerial safeguards to prevent unauthorized access to the State’s Con?dential Information.
Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall,at the AGENCY’s
option:(i)certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Con?dential
Information;or (ii)returned all of the State’s Con?dential Information to the AGENCY;or (iii)take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State’s Con?dential Information.
As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following:
the State’s Con?dential Information received in the performance of this AGREEMENT;the purpose(s)for which
the State’s Con?dential Information was received;who received,maintained and used the State’s Con?dential
Information;and the ?nal disposition of the State’s Con?dential Information.The CONSULTANT’s records shall
be subject to inspection,review,or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor,audit,or investigate the use of the State’s Con?dential Information
collected,used,or acquired by the CONSULTANT through this AGREEMENT.The monitoring,auditing,or
investigating may include,but is not limited to,salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in tennination of
this AGREEMENT and demand for return of all State’s Con?dential Information,monetary damages,or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or con?dential during the term of this AGREEMENT.The parties agree to maintain the
con?dentiality of such information during the term of this AGREEMENT and afterwards.All materials containing
such proprietary and/or con?dential information shall be clearly identi?ed and marked as “Con?dential”and shall
be returned to the disclosing party at the conclusion ofthe SERVICES under this AGREEMENT.
Agreement Number:CAG-I 7-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers con?dential
and/or proprietary in nature:(a)at the commencement of the term of this AGREEMENT;or (b)as soon as such
con?dential or proprietary material is developed.“Proprietary and/or con?dential information”is not meant to
include any information which,at the time of its disclosure:(i)is already known to the other party;(ii)is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii)is independently developed by or for the other party;(iv)is publicly known;or (v)is generally utilized by
unaf?liated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws.As such,the AGENCY shall maintain the con?dentiality of all such information marked proprietary and/
or con?dential or otherwise exempt,unless such disclosure is required under applicable state or federal law.If a
public disclosure request is made to view materials identi?ed as “Proprietary and/or con?dential information”or
otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure.lfthe CONSULTANT fails to obtain the court order enjoining disclosure,the
AGENCY will release the requested information on the date speci?ed.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that
may include a sub-consultant’s proprietary and/or con?dential information.The CONSULTANT noti?cation to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competentjurisdiction enjoining that disclosure
the AGENCY will release the requested information.If the CONSULTANT and/or sub-consultant fail to obtain
a court order or otherjudicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities,or costs associated with the AGENCY’s said disclosure of sub-consultants’information.
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)years
from the date of ?nal payment to the CONSULTANT,the CONSULTANT shall keep,retain and maintain all
“documents”pertaining to the SERVICES provided pursuant to this AGREEMENT.Copies of all “documents”
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place
of business during normal working hours.If any litigation,claim or audit is commenced,the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents.“Documents”shall be retained until
all litigation,claims or audit ?ndings have been resolved even though such litigation,claim or audit continues past
the six (6)year retention period.
For purposes of this AGREEMENT,“documents"means every writing or record of every type and description,
including electronically stored information (“ESl"),that is in the possession,control,or custody of the
CONSULTANT,including,without limitation,any and all correspondences,contracts,AGREEMENTS,appraisals,
plans,designs,data,surveys,maps,spreadsheets,memoranda,stenographic or handwritten notes,reports,records,
telegrams,schedules,diaries,notebooks,logbooks,invoices,accounting records,work sheets,charts,notes,drafts,
scribblings,recordings,visual displays,photographs,minutes of meetings,tabulations,computations,summaries,
inventories,and writings regarding conferences,conversations or telephone conversations,and any and all other
taped,recorded,written,printed or typed matters of any kind or description;every copy of the foregoing whether
or not the original is in the possession,custody,or control of the CONSULTANT,and every copy of any of the
foregoing,whether or not such copy is a copy identical to an original,or whether or not such copy contains any
commentary or notation whatsoever that does not appear on the original.
Agreement Number:CAG-17-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
For purposes of this AGREEMENT,“ESI”means any and all computer data or electronic recorded media of any
kind,including “Native Files”,that are stored in any medium from which it can be retrieved and examined,either
directly or after translation into a reasonably useable form.ESI may include information and/or documentation
stored in various software programs such as:Email,Outlook,Word,Excel,Access,Publisher,PowerPoint,Adobe
Acrobat,SQLdatabases,or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations.ESI may be located on network servers,backup
tapes,smart phones,thumb drives,CDs,DVDS,?oppy disks,work computers,cell phones,laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder,including any
personal devices used by the CONSULTANT or any sub-consultant at home.
“Native ?les”are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created,viewed,and /or modi?ed.
The CONSULTANT shall include this section XX “Records Maintenance”in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms,unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date”box on page one (1)of this AGREEMENT.
Signature Date
Signature T Date
Any modi?cation,change,or reformationofthis AGREEMENT shall require approval as Ioformby the O?ice
ofthe Attorney General.
Agreement Number:CAG-17-074
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14
Revised 4/10/2015
AGENDA ITEM #6. c)
Exhibit A
Scope of Work
Project No,TED4003 843
See Exhibit A-1,attached.
Agreement Number:CAG-17-074
WSDOTI-‘arm 140-089 EF Exhibit A Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
EXHIBITA-1 —SCOPE OF WORK
CONSTRUCTIONADMINISTRATIONAND INSPECTION SERVICES,PLUS ENGINEERINGSUPPORT
SERVICES
CITYOF RENTON —NORTHEAST 31ST STREET BRIDGE REPLACEMENT
PROJECT DESCRIPTION
Northeast 31st Street is a low—volume local access road that serves as the only public access to
several homes.The Northeast 31st Street Bridge (Structure ID:08557300)spans over May
Creek.The bridge,built in 1950 by King County,is structurally deficient and has a sufficiency
rating of 27.It is a two—spanbridge with precast channel girders supported on timber pile caps.
Each timber pile cap is supported on five timber piles.The center pier has two piles (middle and
adjacent)that have severe rot,diminishing their ability to carry vertical loads.In 2014,
temporary vertical supports were installed at the center pier to increase the load carrying
capacity.These temporary vertical supports are not resistant to scour resulting from high flows
in May Creek.This project will replace the existing bridge with a new bridge.
The design of this project is complete.The new bridge consists of a single span,precast concrete
structure with voided slab girders founded on steel round piles filled with concrete and rebar.
For scour protection,sheet piling is to be installed around the abutments.
PURPOSE
The City of Renton (AGENCY)is requesting A&:E Professional Services from BergerABAM Inc.
(CONSULTANT)to perform Construction Management,Inspection,and Engineering Support
Services during construction of the Northeast 31st Street Bridge Replacement Project.
This contract provides for two types of services during construction of this project.
-Construction Administration and Inspection (CA&I)Services
0 Design Construction Support Services (DCSS)
GENERAL ASSUMPTIONS
The following scope and associated costs are based on the assumptions outlined below.
-Federal Highway Administration (FHWA)funds are being utilized for construction
management,inspection,and engineering support services included in this contract.
Therefore,this contract is subject to all rules and regulations associated with this funding
source.
-Any task or deliverable requested by the AGENCY that is not specifically defined in this
scope of work will not be performed by the CONSULTANT unless one of the following
occur.
—The CONSULTANT provides a written request to the AGENCY to use Management
Reserve Funds,if available.This request shall summarize the scope of additional work
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0023.00
Northeast 31st Street Bridge Replacement Project May 2017
Renton,Washington Exhibit A-l Page I
AGENDA ITEM #6. c)
broken into tasks.For each task,the request shall list the job classifications of those
individuals proposed to perform the work and associated rates of pay,along with the
estimated hours.Once received,the AGENCY will evaluate the request.If approved,the
AGENCY will issue a notice to proceed (NTP)in writing.Once received,the
CONSULTANT may proceed with the additional work.
—The CONSULTANT provides a draft supplemental agreement to the AGENCY for
review and negotiation.The supplemental agreement shall be complete.It shall include
the scope of additional work broken into tasks.For each task,the request shall list the
job classifications of those individuals proposed to perform the work and associated
rates of pay,along with the estimated hours.The AGENCY will review the
supplemental agreement.Once complete,further negotiations may occur between the
parties.Once a scope of work and budget is agreed to,one signed original supplemental
agreement,in Adobe Acrobat .pdf format,will be delivered to the AGENCY,by the
CONSULTANT,for execution by the AGENCY.Once executed,the AGENCY will issue
a NTP in writing.Once received,the CONSUTLANT may proceed with the additional
work.
The AGENCY is responsible for the following,as necessary.
—Reserve and arrange conference room(s)as necessary,for meetings held at Renton City
Hall.
—Prepare and mail project notices,as required.
—Prepare and publish all public notices,newsletters,and press releases for this project.
—Host and update a project website.
—All coordination with franchise and public utilities,as necessary.
—Provide environmental support services during construction with a consultant,under a
separate contract with the AGENCY.
The AGENCY and CONSULTANT recognize that the budget for these services needs to fit
within the overall budget for the project,but that the level of services also needs to be
sufficient to administer and inspect the project and to provide adequate records to meet the
Washington State Department of Transportation (WSDOT)standards to pass
WSDOT/FHWAaudits.
The AGENCY and CONSULTANT recognize that efforts to provide services under this
agreement can vary considerably from estimates utilized to develop the maximum amount
payable for this agreement.Some tasks may cost more and other tasks may cost less.
Budgets for tasks assigned to CONSULTANT may be adjusted between CONSULTANT
assigned tasks as long as the maximum amount payable for this agreement is not exceeded.
City of Renton,Construction Support,Admin,and lnspection Services BergerABAM,A17.0023.00
Northeast 31st Street Bridge Replacement Project May 2017
Renton,Washington Exhibit A-i Page 2
AGENDA ITEM #6. c)
However,budgets assigned to subconsultants may not be exceeded or used for other tasks
without a supplement to this agreement.
-Other task-specific assumptions are provided with each task.
TASK 1.0 CONSTRUCTION ADMINSTRATION AND INSPECTION(CA&l)SERVICES
The following items are to be performed by the CONSULTANT,under this task.
Assumptions for Task 1
-Budget:The budget for this task is based on a construction contract with 80 working days,
plus project start up and close out.Refer to Exhibit D for an estimate of staffing level
requirements.The AGENCY and CONSULTANT recognize that the staffing level
requirements will be adjusted to the contractor's schedule.The budget also assumes that the
work will be conducted in 2017.
-Field Office:The construction contract includes the provision of an office facility for the
construction administration team with power,heat,air conditioning,suitable furniture (file
cabinets,desks,and chairs)for four staff;a conference table and chairs;security alarm
system;communications,including high-speed intemet;and copier and fax.Therefore,no
costs are included in the fee estimate for these items.
-Field Office Equipment and Supplies:The CONSULTANT will provide computers,laptops,
tablets,cell phones,and other office supplies required for the CONSULTANT staff to
perform work on this project.
-Vehicles and Mileage:CONSULTANT field staff shall be compensated for mileage to and
from the permanent duty station (Federal Way Office)to the site or from home,whichever is
less.CONSULTANT field staff shall be compensated for mileage traveled at the site as long
as the travel is for project-related work activities.
-No efforts and/or costs are included in this proposal to accommodate discovery,testing,
and/or disposal of hazardous materials from the site.
Under CA&:I,two basic subtasks will be provided as follows.
Task 1.1 Project Start Up
The CONSULTANT shall provide start-up services for the construction administration team to
review contract plans and specifications for inspection requirements;develop preliminary
inspection assignments;establish a project file system;attend meetings with the AGENCY,
utility companies,and others;and establish form/systems for tracking required items.The
purpose of these start-up services is to have the construction administration team ready to
respond to contract requirements immediately after issuing NTP for the construction contract.
Contract administration duties will be provided up to the contract completion date to facilitate
close out of the project.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A1 7.0021100
Northeast 31st Street Bridge Replacement Project May 2017
Renton,Washington Exhibit A-1 Page 3
AGENDA ITEM #6. c)
The CONSULTANT,if requested,will conduct a prebid meeting in conjunction with the
AGENCY.
The CONSULTANT,if requested,will facilitate a bid review meeting with the AGENCY and
apparent low bidder and forward documentation of the meeting and recommendations to the
AGENCY.
The CONSULTANT,if requested,will conduct a precon meeting in conjunction with the
AGENCY.
DeIlverab|e(s)
-Prebid meeting agenda and PowerPoint presentation
o Bid review meeting agenda,documentation and recommendations
o Precon meeting agenda and PowerPoint presentation
-Meeting notes for above referenced meetings
Task 1.2 construction Administration and Inspection
The CONSULTANT will assist the AGENCY in preparing contract documentation,data,and
reports required by WSDOT for receiving FHWA funding.
CONSULTANT will monitor total costs expended under this agreement and will notify
AGENCY when costs have reached 25,50,and 75 percent of the maximum amount payable
authorized under this agreement.At each cost milestone,CONSULTANT will meet with the
AGENCY and will jointly develop an estimated amount to complete the work.If
CONSULTANT costs for the remaining work under this agreement are estimated to be higher
than the original amount in this agreement,the remaining work above the amount authorized
will not be performed without prior written authorization from the AGENCY.
CA&l Staffing
Under these services,the CONSULTANT will provide staff for the following positions at the
construction site.More detailed descriptions of the duties of these staff are described in the
following section.
-Project Manager -The Project Manager,who will be part time,will oversee all construction
management operations for the project.This includes overseeing mock audits of the
construction documentation files,assisting the Resident Engineer and AGENCY in resolving
Contract issues and assisting the Resident Engineer with technical expertise for
miscellaneous construction elements.The Project Manager will monitor the construction
administration,and inspection scope,schedule,and budget,and produce monthly invoices
and projects reports for work performed under this Contract.
-Resident Engineer -The Resident Engineer will be part time and will be experienced in
construction administration and inspection procedures on large federally funded road and
bridge projects to oversee all activities on the project site.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0023.00
Northeast 31st Street Bridge Replacement Project May 2017
Rcnton,Washington Exhibit A-1 Page 4
AGENDA ITEM #6. c)
-Project Inspector -The Project Inspector will be experienced in all aspects of road and
bridge construction on large federally funded projects.He will monitor and track all daily
activities on the project.He will coordinate with the Resident Engineer in scheduling
subconsultant inspections of the work.
o Document Control Specialist -The Document Control Specialist will be experienced in
federally funded projects to organize and maintain all project records and materials
documentation in accordance with FHWA/WSDOTrequirements.This position will also
assist with any supplemental inspection needs and facilitate audits with WSDOT,FHWA,
and others.
Job Descriptions for,Duties of,and Prospective cA&|Staff
More detailed job descriptions,duties,and prospective personnel for each of the key positions
are described below.
Project Manager -Bob Lee (BergerABAM)
Position reports to AGENCY (Derek Akesson)and BergerABAM (Bob Fernandes).
Job Description
The Project Manager will monitor the construction,administration,and inspection scope,
schedule,and budget,and produce monthly invoices and project reports for work performed
under this Contract.He will also assist the team by overseeing mock audits of the construction
documentation files,assisting the Resident Engineer and AGENCY in resolving Contract issues,
and assist the Resident Engineer with technical expertise for construction of the project.
Duties include
-It will be the responsibility of this position to ensure that project staff is trained and aware of
elements of construction inspection,project documentation,and materials testing in
accordance with the WSDOT Construction Manual,WSDOT Standard Specifications,and
Local Agency Guidelines.
o The Project Manager will produce monthly invoices and project reports for all work
performed under this agreement.
Resident Engineer -Ed Cline,PE (BergerABAM)
Position reports to AGENCY (Derek Akesson)and BergerABAM (Bob Lee).
Job Description
The Resident Engineer supervises the inspection team and Document Control Specialist.The
Resident Engineer is responsible for the daily operations and functions of the field and office
staff for the Project.The Resident Engineer will work closely with AGENCY to keep the
AGENCY informed of the progress of the project in regards to scope,schedule,and budget.
The Resident Engineer will be the main contact for AGENCY.
Duties include
-Conduct an initial safety analysis,including potential job site safety hazards for all
CONSULTANT site personnel.Review the Contractor's Health and Safety Plan and ensure
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0023.00
Northeast 31st Street Bridge Replacement Project May 2017
Renton,Washington Exhibit A-1 Page 5
AGENDA ITEM #6. c)
CONSULTANT and subconsultants are aware and understand the elements of the plan.
Conduct and document monthly safety meetings for CONSULTANT staff.
Review and evaluate construction documents.
Establish construction administration tasks.
Oversee construction contract administration and field inspections.
Oversee the materials documentation filing system in conjunction with the Document
Control Specialist.This will include overseeing project staff in updating the Record of
Materials (ROMs),at a minimum,on a weekly basis;processing/distributing and filing
QPLs,ensuring that approval codes are acted upon;using the WSDOT on—lineaggregate
source approval database;processing RAMs for signature and distribution;and final
processing and filing of certs,CMOs,materials inspection reports,field density reports,
concrete test reports,HMA gradation test reports,HMA density reports,approved for
shipment documentation,and all other information regarding materials.
Supervise field staff in practices and procedures of codes,regulations,federal,state,and
local contract requirements;oversee contract compliance.
Facilitate weekly construction meetings.
Supervise construction project inspection.
Oversee or prepare correspondence,records,and change orders during construction of the
project.
Supervise staff to ensure adequacy of field project notes and monthly estimates for progress
payments.
Act as a resource and lead with federal and state auditors ensuring appropriate contract
compliance.
Ensure personal protective equipment is available in the job site office.
Draft or delegate drafting of serial letters to the contractor.
If the contractor requests additional compensation for any item,the Resident Engineer will
determine entitlement.If entitlement is warranted,then the Resident Engineer will evaluate
any cost and/or schedule impacts,and review response with AGENCY staff.
Draft change orders.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0023.00
Northeast 31st Street Bridge Replacement Project May 2017
Renton,Washington Exhibit A-1 Page 6
AGENDA ITEM #6. c)
-Facilitate and/or lead change order negotiations with the contractor.The negotiations will
be done in conjunction with the AGENCY representative or other AGENCY officials with
signatory authority.
-Supervise and guide office staff in initial setup of project files,documentation flow,and
computer systems.
-Ensure that design team support staff is notified promptly of potential field design revisions
and/or changes.Supervise and oversee office staff personnel in routing RFIs,shop
drawings,and other information to design team support staff.
-Provide coordination for material testing in accordance with WSDOT and FHWA
requirements.This will also include coordination with items inspected by WSDOT
fabrication inspectors.
0 Coordinate with the project design team for reviews and/or special inspections.
-Maintain a record drawing set,following the procedures listed in Special Provision 1-05.18.
o Review contractor maintained record drawing set,following the procedures listed in Special
Provision 1-05.18.
Lead Project Inspector -Michael Niehl or TBD (BergerABAM)
Position reports to Resident Engineer (Ed Cline).
Job Description
This position will assume the day-to—dayinspection activities for civil and structural elements
on the Project.The Lead Project Inspector will work with the Resident Engineer in coordinating
all subconsultant inspections assigned to the project.
Duties include
-Complete Inspectors Daily Reports recording all site activities,contractor and subcontractor
workforce,materials delivered,bid items worked on,conversations with the contractor,and
record of daily traffic control operations.
-Complete and/or review field note records for payment.Ensure items for payment have
complete documentation prior to payment.This includes materials documentation,such as
RAMS,certs,samples,and approved for tags or other.For QPLitems,ensure that approval
code action is completed.
-Take preconstruction photographs,periodic photo records during construction,and post-
construction project photos.
-Provide inspection records,including a record of field changes for use in preparing record
drawings.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0023.00
Northeast 31st Street Bridge ReplacementProject May 2017
Renton,Washington Exhibit A-1 Page 7
AGENDA ITEM #6. c)
0 Coordinate scheduling of materials testing lab personnel with the Resident Engineer.
0 Coordinate scheduling of geotechnical inspector,as needed,with the Resident Engineer to
document activities,including pile driving,wall construction,and subgrade investigations
or inspections,and other elements of work as needed.
-Conduct weekly environmental walk-through inspections with the contractor and
AGENCY’s environmental consultant.
-Be first level to resolve field disputes with contractors.
-Evaluate issues of concern and develop corrective actions based on the Contract.
Document Control Specialist -Dana Salyer or TBD (BergerABAM)
Position reports to Resident Engineer (Ed Cline).
Job Description
The Document Control Specialist will work under the direction of the Resident Engineer at a
construction site field office in the collection,logging,distribution,and processing of all
incoming and outgoing office correspondence.This position will assist the Resident Engineer in
updating and keeping current the project filing system,including materials documentation
system.The Document Control Specialist will use Newforma to track all incoming and outgoing
correspondence and the AGENCY will have access to the system.The position will compute
and/or check ?eld note records for payment and enter into the project ledger.The Document
Control Specialist will assist the Resident Engineer to ensure that all applicable materials
documentation for each bid item within a progress payment is received prior to payment for the
individual bid items.All EEO documentation,including required forms to be submitted by the
contractor,will be processed and tracked by this position;this will also include checking
payrolls for compliance to Contract requirements.The Document Control Specialist will track
and report status of COA DBE subcontractors and project training.
Duties Include
o Assist the Resident Engineer with elements of the materials documentation system.This
includes processing QPLsand RAMs,updating the project ROM,and coordinating with the
Project Inspector to ensure all materials delivered to site are approved for incorporation and
all documentation is in hand.
-Assist the Resident Engineer in computing and/or checking field note records,
collecting/computing and/or checking totals of item quantity tickets,entering pay
information into the project ledger or checking information entered into project ledger,and
running monthly pay estimates.Check progress estimates for accuracy,completeness,and
then submit to the Resident Engineer for review with the contractor.After review,make
any revisions and submit to the Resident Engineer for final reviews and processing.
o Assist the Resident Engineer in filing all field note records submitted for monthly progress
payments into the office field note record books.File and reference all item quantity tickets
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,Al7.0023.00
Northeast 31st Street Bridge Replacement Project May 2017
Renton,Washington Exhibit A-l Page 8
AGENDA ITEM #6. c)
and any backup tickets for neat line items in the office file cabinet or storage boxes.Check
to ensure that all items paid by neat line that require cross section and end area information
and calculations are submitted with such.File and reference all backup information in the
project ?les or backup boxes.
-Assist the Resident Engineer in the processing of force account bid items.This includes
contractor and subcontractor personnel weighted wage rates,contractor and subcontractor
equipment rates,and all backup information to determine the rates.Complete the
calculation portion of the Inspector's Daily Report of force account.This will include
entering the weighted wage rates and equipment rates,then totaling and applying
applicable markups to determine total compensation in accordance with WSDOT Standard
Specification 1-09.6.Maintain all backup information for payment of force account items.
-Assist the Resident Engineer in collecting,compiling,packaging,distributing,and filing all
change order backup information,including,but not limited to,serial letters,e-mails,verbal
and/or written approvals to proceed,independent estimates,and any other backup to be
included in each change order file.
-Attend meetings as requested by the Resident Engineer.
o Assist the Resident Engineer to ensure that all required contract forms and/or reports are
received from the contractor in a timely manner,processed,and filed.These include,but
are not limited to,Apprentice Utilization Plan,Statement of Apprentice Journeyman
Participation,Quarterly Report of Amounts Paid to DBE,Annual EEO Report,monthly
Utilization Report,Request to Sublet,and Notice of Intent to Pay Prevailing Wage.
o Process training plan,trainee requests,and payment of training for the project.
0 Check weekly payrolls for prime contractor and all subcontractors to ensure applicable
contract prevailing wage rates and benefits are paid.Compare to employee interview
reports to ensure contractor field staff is being paid in accordance with the contract.
o Update and keep the project files,as new correspondence is received,current on a daily
basis.
-Update and keep ROMS current on a weekly basis.
o Assist the Resident Engineer in the processing of incoming and outgoing correspondence,
such as serial letters,transmittals,submittals,materials information,shop drawings,
catalogue cuts,and miscellaneous documentation.This will include date stamping,logging
information into an Excel spreadsheet for tracking,distributing copies for routing,and
ensuring copies are placed in the project files.
o Attend preconstruction and weekly construction meetings to record and transcribe meeting
minutes and distribute to attendees for comment.
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,Al7.0023.00
Northeast 31st Street Bridge ReplacementProject May 2017
Renton,Washington Exhibit A-1 Page 9
AGENDA ITEM #6. c)
0 Assist field inspectors in conducting or conduct Employee Wage Rate interviews and DBE
on-site reviews.
-Distribute office mail,draft and prepare written correspondence,and review routine
invoices for payment.
-Make copies of project documentation and/or scan information for distribution and
electronic filing.
De|iverab|e(s)
-Monthly invoices and project reports for work performed under this agreement
o Meeting notes
-Inspectors Daily Reports
-Monthly pay estimates,including all backup information to support payment
-Project photos
o Change orders,including all backup information and independent estimate
-Log of all project correspondence
o Project files in hard copy and electronic version
TASK 2.0 DESIGN CONSTRUCTIONSUPPORT SERVICES (DCSS)
DCSS provides continuity of the design team through the construction process.Services to be
provided by the CONSULTANT design team during construction will include shop drawing
review,submittal review,and responses to contractor RFIS.Services may also include
adjustments to the project design to work around unforeseen site conditions.Services will
include site visits,attendance at project meetings,design-team inspections,and preparation of
record drawings.
Services of subconsultants may be utilized under the task indicated below.
Assumptions for Task 2
o The subconsultant(s)will provide computers,cell phones,and other office supplies required
for the subconsultant staff.
0 Vehicles and Mileage:Travel expenses for special inspections and project meetings
attended by CONSULTANT design staff and/or subconsultants shall be invoiced on the
basis of mileage.
o No efforts and/or costs are included in this task to accommodate discovery,testing,and/or
disposal of hazardous materials from the site.
Under DCSS,five basic tasks will be provided as follows.
Task 2.1 Project Administration,Permitting Support,and Meetings
The CONSULTANT will attend project site meetings as necessary.It is assumed the
CONSULTANT will attend the preconstruction meeting and up to three weekly meetings.
City of Renton,Construction Support,Admin,and Inspection Services Berge-rABAM,A17.0023.00
Northeast 31st Street Bridge Replacement Project May 2017
Renton,Washington Exhibit A-1 Page 10
AGENDA ITEM #6. c)
This task also includes coordination of design services for both CONSULTANT,subconsultants,
and the CA&I staff.
Task 2.2 Requests for Information and Submittal Review
The CONSULTANT will respond to questions and RFIs by the contractor and shall review
contractor submittals as assigned by the CONSULTANT CA&I staff.It is assumed that up to
15 RFIs may be submitted.Submittal reviews are included in the accompanying fee estimate.
DeIiverabIe(s)
-Responses to CONSULTANT CA&I staff to support RFIs and submittal review,as required
Task 2.3 Change Orders
The CONSULTANT shall provide revised plans and specifications as required to execute
change orders.
De|iverabIe(s)
-Revised plans and specifications will be provided,as required
-Independent estimates for proposed change orders (task under CA&I Services)
-Change order form to be in a format approved by the AGENCY (task under CA&-IServices)
Task 2.4 Special Field Inspections
CONSULTANT design staff,geotechnical engineer,and hydrologist will provide part-time or
special inspections as shown below or as requested by the AGENCY.
Services to be provided by subconsultant,PanGEO
-Geotechnical observation for the installation of round piles and sheet piling
-Geotechnical observation of subgrade construction
Services to be provided by subconsultant,Beyler Consulting
-Review of contractor supplied survey calculations and staking data
-Verification of contractor survey stakes for round piling,sheet piling,abutrnents,bearing
pads,roadway alignment,along with any other spot checks requested by the AGENCY
Potential services to be provided by subconsultant,Watershed Science 8:Engineering
-Special inspections by the hydrologist as needed or as requested by AGENCY
Potential services to be provided by subconsultant,Universal Field Services
-Assistance with easements,as requested by the AGENCY
DeIiverable(s)
-CONSULTANT design staff and/or subconsultants will provide written inspection reports
whenever on site to conduct these inspections.These reports will summarize the date of the
inspection,time of arrival and departure from site,purpose for the site visit and the
observation(s)made as they relate to that purpose
o Pile driving logs for round piles
City of Renton,Construction Support,Admin,and inspection Services BergerABAM,A17.0023.00
Northeast 31st Street Bridge Replacement Project May 2017
Renton,Washington Exhibit A-1 Page 11
AGENDA ITEM #6. c)
-Pile driving logs for sheet piling
Task 2.5 Record Drawings and Load Rating
The CONSULTANT shall prepare a record set of drawings for the AGENCY that reflect field
changes (additions,modifications,or deletions)to the bid drawing set during construction.The
record drawing set shall include any drawings revised or reissued during construction as a
result of change orders and shall include changes resulting from RFI responses.The basis for
the record drawings shall be a set of bid drawings redlined with changes by the
AGENCY/CONSULTANTfield staff and supplied to the CONSULTANT design staff.These
drawings shall be noted as ”record drawings"in the drawing revision block,and shall be
stamped and sealed by registered professionals.The intent of the record drawing set is to
provide the best information available to capture significant field changes,but not necessarily,
every minor change that may occur.
The CONSULTANT shall load rate the bridge in conformance with the WSDOT Bridge Design
Manual LRFD,Chapter 13,June2016 edition.
DeIiverab|e(s)
-One full-size plan set and one half-size plan set (11x17)in PDF format plus CAD files on one
compact disc
o One hardcopy of load rating calculations and associated load rating summary sheet,
stamped and signed by the Engineer of Record,along with one compact disc with electronic
pdf copies of these materials
TASK 3.0 MATERIALS TESTING SERVICES
The subconsultant,Mayes Testing Engineers,Inc.,a Terracon Company,shall provide materials
testing services on materials incorporated into the project.Field testers and laboratories shall be
certified to perform materials testing in accordance with the WSDOT Local Agency Guidelines,
WSDOT Construction Manual,and WSDOT Materials Manual.The sampling methods,testing
procedures,evaluation of testing data and documentation of testing results shall be in
accordance with the WSDOT manuals listed above and the construction contract provisions for
this project.
De|iverable(s)
-Material test reports summarizing testing results and other associated documentation,as
applicable
City of Renton,Construction Support,Admin,and Inspection Services BergerABAM,A17.0023.00
Northeast 31st Street Bridge Replacement Project May 2017
Renton,Washington Exhibit A-1 Page 12
AGENDA ITEM #6. c)
Exhibit B
DBE Participation
Not applicable.
Agreement Number:CAG-17-074
WSDOTForm 140-089 EF Exhibit B Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency,as applicable,is to provide a description of the format and standards the consultant is
to use in preparing electronic ?les for transmission to the agency.The format and standards to be provided may
include,but are not limited to,the following:
I.Surveying,Roadway Design &Plans Preparation Section
A.Survey Data
Standard:City of Renton Survey Control Network and Standards,2000
Format:Autodesk,AutoCAD Civil 3D,Note:Consultant's version shall be compatible with City of
Renton's version,at the time of submission of deliverables.For 2015,City of Renton version is AutoCAD
Civil 3D 2015.
Transmission:Compact Disk,DVD and/or Flash Drive
B.Roadway Design Files
Standard:Washington State Department of Transportation,Local Agency Guidelines,December 2015
Format:Autodesk,AutoCAD Civil 3D,Note:Consultant's version shall be compatible with City of
Renton's version,at time of submission of deliverables.For 2015,City of Renton version is AutoCAD
Civil 3D 2015.Adobe pdf for plan sheets and/or roll plots.
Transmission:Compact Disk,DVD and/or Flash Drive
C.Computer Aided Drafting Files
Standard:City of Renton Drafting Standards for Road,Bridge and Municipal Construction,2004
Format:Autodesk,AutoCAD Civil 3D,Note:Consultant's version shall be compatible with City of
Renton's version,at the time of submission of deliverables.For 2015,City of Renton version is AutoCAD
Civil 3D 2015.Use sheet border and title block as provided by the City of Renton.
Transmission:Compact Disk,DVD and/or Flash Drive
Agreement Number:CAG-17-074
WSDOTForm 140-089 EF Exhibit C Page 1 of 4
Revised 10/30/2014
AGENDA ITEM #6. c)
D.Specify the Agency’s Right to Review Product with the Consultant
Agency retains the right to review all deliverables listed in the Scope of Work as shown in Exhibit A.
E.Specify the Electronic Deliverables to Be Provided to the Agency
See Exhibit A.
F.Specify What Agency Furnished Services and Information Is to Be Provided
See Exhibit A.
Agreement Number:CAG-17-074
WSDOT Form 140-O89 EF Exhibit C Page 2 of 4
Revised 10/30/2014
AGENDA ITEM #6. c)
II.Any Other Electronic Files to Be Provided
See Exhibit A.
III.Methods to Electronically Exchange Data
E-mail,Compact Disk,DVD and/or Flash Drive.
WSDOT Form 140-089 EF Exhibit C Page 3 of 4
Revised 10/30/2014
AGENDA ITEM #6. c)
A.Agency Software Suite
Compatible with Microsoft Windows 7,Microsoft Office 2010
B.Electronic Messaging System
Compatible with Microsoft Of?ce Outlook 2010
C.File Transfers Format
Compatible with Adobe pdf,ZIP ?les,Microsoft Office:Word (2010),Excel (2010),Project (2010),
PowerPoint (2010),Publisher (2010)
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
Revised 10/30/2014
AGENDA ITEM #6. c)
Exhibit D
Prime Consultant Cost Computations
See Exhibit D-1,attached.
Agreement Number:CAG-17-074
wsoor Form 140-039 EF Exhibit D Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
EXHIBITD-1 ~CONSULTANTFEE DETERMINATION CA plus DCSS Costs
NE 31 ST ST BRIDGE REPLACEMENT 5“9'20"
PAGE 1 OF 8
Construction Administration and Inspection (CA&l)Task 1.1,Task 1.2 and Task 3.0
DIRECT SALARY COSTS (DSC)for BergerABAM
Personnel Hours Rage Cost
1 Project Manager 4 X $59.95 =$240
FY2018 40 $61.15 $2.446
FY 2019 $62.37 $-
2 Resident Engineer 40 X $56.63 =5 2.265
FY 2018 298 $57.76 5 17.212
FY 2019 $58.92 5 -
3 Project Inspector 80 X $36.20 =$2.896
FY 2018 752 $36.92 $27.764
FY 2019 $37.66 $-
4 Document Control 64 X $33.65 =S 2,154
FY2018 321 $34.32 $11,017
FY 2019
S
$35.01 5 -
BERGER/ABAMHours,TOTAL 1.599 Subtotal Direct Salary Costs (DSC)=S 65,994
Salary Escalation -Estimated Salary Escalation Costs are included in above rates 5 -
Overhead (OH)174.19%of (DSC +SE)=$114,954
Fixed Fee (FF 30.00%of DSC +SE)=19.798
TOTAL SALARY cosrs (DSC +se +OH +FF)=$200,746
SUBCONSULTANTS
MayesTesting Engineers|nc..a Terracon Comgany§Task 3.0!$14.123
TOTAL SUBCONSULTANTS -CA&|=$14,123
DIRECT NONSALARYCOSTS (DNSC)
Printer (by contractor)S -
Copier (by contractor)5 ~
Cell Phones (3)Included in Overhead
RT I Mo Months RT Miles Mileage Rate
PM Mileage 2 5 52 $0.535 $278
RE Mileage 8 6 52 $0.535 $1,335
PI Mileage 21 6 52 $0.535 5 3,505
DC Mileage 8 6 52 5 0.535 $1,335
TOTAL REIMBURSABLE EXPENSES (DNSC)=$6,454
DESIGN CONSTRUCTION SUPPORT SERVICES (DCSS)COSTS Task 2.1 thru 2.5
BergerABAM $39,725
SUBCONSULTANTS
PanGeo S 16.870
Beyler 5 9.388
Watershed 3 3.002
UFS 5 2.750
TOTAL ESTIMATED DESIGN CONSTRUCTION SUPPORT FEES =$71,735
TOTAL ESTIMATED FEE FOR CA&l4'DCSS SERVICES =5 293,058
MANAGEMENTRESERVE @ 10%=$29,306
TOTAL CONTRACT AMOUNT=3 322.354
AGENDA ITEM #6. c)
EXHIBITD-1 -CONSULTANT FEE DETERMINATION BergerABAM CA Rams
NE 31ST ST BRIDGE REPLACEMENT PROJECT 5/7.9/2077
PAGE 2 OF 8
Rate (July 1,Average Hourly
2016 to June 30,Percent (%)Hourly Wage Rate Including
Classi?cation 2017)Participation Rate Escalation
Project Manager PT
FY 2018
FY 2019
FY 2020
Resident Engineer
FY 2018
FY 2019
FY 2020
Project Inspector Michael Niehl
FY 2018
FY 2019
FY 2020
Document Control
FY 2018
FY 2019
FY 2020
AGENDA ITEM #6. c)
E
X
H
I
B
I
T
D
-
1
P
A
G
E
3
O
F
8
.0_mmNCGD_O=:OUac0F=..UODE22_mm5__2:o=uw.m:_®s_oum:.$.._m.m_.=%_$m1$3nomwsaga:8o.§n.._<._.O.rmSm>utomatm98....._smu_m_"_<o:6news_<m<_ma_om EoEoum_.mmo.2535mz £:o_>_.w.a.w»momc_x._o>>5:22am».mucm_moE9_:mcoo5v_w<._.mama9.283.32.cozuazmcoo.mauuzm:2comm<nzm._<o02_n_n_<.rm.96n....O_.m0<n_»zms_mo<._awmmcemm55m2zoP<z_s_mmEomm".»z<5:mzoo-TmEzxm
A
G
E
N
D
A
I
T
E
M
#
6
.
c
)
EXHIBITD-1 -CONSULTANT FEE DETERMINATION
NE31ST STREET BRIDGE REPLACEMENT PROJECT
PAGE 4 OF 8
DIRECT SALARY COSTS [DSC]
Personnel
1 Project Manager CS
2 Project Engineer ST
3 Civil Engineer JD
4 Structural Engineer GB
5 Designer-CADD LC
6
7 Admin,Clerical KR
Total Hours
Overhead (OH)
Fixed Fee (FF)
DIRECT NONSALARY COSTS (DNSC)
PAYMENT
Mileage
Hours
13
15
56
96
60
10
250
Salary Escalation (SE)=
174.19%
30.00%
Inspection EquipmentEquipment
Copies
BergerABAM DCSS Costs
5/19/2017
Rate Cost
X $77.84 =$1,012
X $65.29 =$979
X $33.65 =$1,884
X $58.32 =$5,599
X $41.20 =$2,472
X =$-
X $34.23 =$342
Subtotal Direct Salary Costs (DSC)=$12,289
5%of DSC =$614
Subtotal (DSC +SE)=$12,903
of (DSC +SE)=$22,476
of (DSC +SE)=$3,871
TOTAL SALARY COSTS (DSC +SE +OH +FF)=$39,250
416 miles @ $0.540 $225
$250
TOTAL REIMBURSABLE EXPENSES (DNSC)=$475
TOTAL AUTHORIZED AMOUNT =$39,725
Services will be paid on a DSC multiplier equal to 3.042
AGENDA ITEM #6. c)
EXHIBITD-1 -CONSULTANTFEE DETERMINATION BergerABAM DCSS Hours
NE31ST STREET BRIDGE REPLACEMENT PROJECT 5/19/2017
PAGE 5 OF 8
BergerABAM DCSS Staff BergerABAM
Task Project Project Civil Structural Designer-Admin.
TASK DESCRIPTION No,Manager Engineer Engineer Engineer CADD Clerical Totals
DESIGNCONSTRUCTIONSUPPORT SERVICES
TASK 2.1 -Project Admln 8.Meetings
Project Preconstruction Meeting
Attendance at Weekiy Site Meetings (5 Mtgs)
Site Visits (3 site visits -2 persons each)
Quantity assistance
Monthly Invoices and Progress Reports
TASK 2.2 -RFl‘s &Submittal Review 12
Construction Access Plan By CA&IStaff
SWPPP By CA&l Staff
Construction Stormwater
Dewatering Plan
Drain Pipe and Structures By CA&lStaff
Gravel By CA8-IStaff
CSBC &CSTC By CA&lStaff
HMA By CA&IStaff
Traffic Control Plan By CA&l Staff
Sheet Pile Submittal 1
Sheet Pile Wall Cap Rebar Submittal
Pipe Pile Submittal
Abutment Rebar Shop Drawings
Girder Shop Drawings
Girder Erection Plan
Miscellaneous Structural Submittals
-IW-hO')U1U'|U|O
RFI's (Assume 15)
TASK 2.3 -Change Orders
TASK 2.4 -Inspections
Included in CA&IServices and Task 1
TASK 2.5 -Record Drawings
TOTAL ESTIMATED HOURS FOR ocss
_
13 15 56 96 so -10 C
AGENDA ITEM #6. c)
EXHIBIT D—1
‘PAGE 6 OF 8
-V7‘Washington State grmvvgtagzgguudins,
Department of Transportation R0.Bgfjmo ‘’°'“’°3'5
Olympia.WA 98504-7300
360-705-70“)
TTY:1-800333-6388
www.wsdot.wa.gov
November 29,2016
BergerABAM,Inc.
33301 Ninth Avenue South,Suite 300
Federal Way,WA 98003-2600
Subject:Acceptance l-‘YE 2016 ICR —Audit Office Review
Dear Ms.Megan Isaacks:
Transmitted herewith is the WSDOT Audit Of?ce’s memo of “Acceptance”of your
?rm’s F YE 2016 Indirect Cost Rate (ICR)of 174.19%.This rate will be applicable for
WSDOT Agreements and Local Agency Contracts in Washington only.This rate may
be subject to additional review if considered necessary by WSDOT.Your lCR must be
updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs,based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review.Any other entity contracting with your firm is
responsible for determining the acceptability ofthe ICR.
If you have any questions,feel free to contact our oflice at (360)705-7019 or via email
consultantrates(.wsdot.wa.ov.
Regards;gmT
RIK K.JON N
Manager,Consultant Services Office
EKJ zkms
Acceptance ICR Audit Ollicc Review
AGENDA ITEM #6. c)
EXHIBITD-1
PAGE 7 OF 8
BergerABAM,Inc.
Indirect Cost Rate Schedule
For the Year Ended May 31,2016
General I-‘irm Accepted
Classi?cation Ledger Adjust.Ref.Amount °/o
Direct Labor Base I |.394.308 M I l,394,308
Indirect Salaries
Proposal Admin Salaries 662,699 662,599 532%
Proposal/Negotiation Salaries 3,225.7 I4 (56,945)A.M 3.I68.769 27.8I%
AdministrativeSalaries 2.597,64I (38.792)A 2,558,849 22.46%
PayrollVariance (l8.l60)-I 8.l 60 -0.l6%
Office Support Salaries 0 0 0.00%
AccountingSalaries 486.04l 486.04!4.27%
Housekeeping/Stby.Salaries 0 0 0.00%
Professional Activities Salaries 64.686 64.686 0.57%
Education&Training Salaries 257.642 257.642 2.26%
Research and Development 16,3 I4 I63 I4 0.14%
Computer Salary 395.020 395.020 3.47%
Total Indirect Salaries 7,687,597 (95.73?)7.59I .860 66.63%
Fringe Bcnelitslsalary Overhead
IncentiveCompensation 409.330 409.330 3.59%
Vacation I .408,263 1,408,263 I 2.36%
Holiday 625,994 625,994 5.49%
Sick Leave 447,026 447,026 3.92%
Other Paid Leave I9.93I 1993i 0.I 7%
FICA I.461,004 I .461.004 I2.82%
Federal Unemployment 13,685 I3.685 0.12%
State Unemployment I [9055 I l9.055 I.04%
Industrial Insurance 6 6 0.00%
USL&H Work Comp I43.3I8 I433 l 8 I .26%
Group Insurance I967,364 I 967364 I 7.27%
RetirementExpense 438.126 (824)437.302 3.84%
Bene?t Recovery 0 0.00%
Fringe Bene?t Adjustment (6.882)H -6.882 -0.06%
Total Fringe Benelitslsal.Ovhd.7.053.102 (7,706)0 7.045.396 61.83%
Administrative Expenses
'l'ravcl &Subsistence 202,238 (21,733)B.li.F.N |80,505 I 58%
Recruiting Fees &Expenses 69,4 I7 69.4I7 0.61%
Contract Personnel 49,938 (28,863)2 I.075 0.I 8%
Advertising 2.300 (2.300)B.(‘0 0.00%
EntertainmentExpense 0 0.00%
Charitable Contributions l3.523 (I 3.523)no 0 0.00%
EmployeeWelfare l02.280 (3 I,7 I 5)n.r..r 70.565 0.62%
Employee Meals 97,2l9 (54,191)9.15.5,x 43,028 0.38%
Library 2l.l0I-I (I96)20.912 0.18%
ProfessionalActivities 14.209 (2,376)a I L833 0.l0%
Education&Training Fees I06,884 (49)a I06.835 0.94%
Research&Develop Expense 0 0 0 00%
General Admin 102.991 (7.203)a 95.788 0.84%
Association Dues 87.274 (22,|79)a 65,095 0.57%
General Liability Insurance 88,005 (738)L:87,267 0.77%
Legal Foes l74,693 (32.I 73)n l42.520 1.25%
Accounting Fees 233,223 (97,908)x l35.3I5 l.l9%
Proposal Administration (444,806)(99,500)a.M N -544.306 -4.78%
Proposal&Negotiation 0 0.00%
Ofliee and Work Space L692.-464 ll I.692,464 l4.8S%
Operating Expense 75.975 [1 75.975 0.67%
Page I
AGENDA ITEM #6. c)
EXHIBITD—1
PAGE 8 OF 8
BergerABAM,lnc.
Indirect Cost Rate Schedule
For the Year Ended May 3|,2016
General Firm Accepted
Classi?cation Ledger Adjust.Rel‘.Amount %
Furniture&Small Equipment 8,558 8,558 003%
Furn &Small O?ice Depr.273.297 273.297 2.40%
Of?ce Equipment 0 0 0,00%
OlTtceSupplies 62,126 a 62.126 0.55%
Field Equipment 14,195 14,195 0.12%
FieldEquip Depreciation 67,010 67,010 0.59%
Auto Fuel &Maintenance 47.551 47.551 0.42%
Auto Insurance &License 26,132 3 26,132 0.23%
Auto &Truck Depreciation 45.805 45,805 0.40%
Field Equip Recovery (1 13,902)-1 13,902 -1.00%
Telephone 217,879 2 I 7.879 1.91%
Postage &Freight 19,351 19,351 017%
Reproduction 162.680 162,680 I .-43%
Personal Property Tax 24,307 24,307 0.21%
Fidelityinsurance 31,324 3 1.324 0.27%
Business&Prof License 42,041 42,041 0.37%
InterestExpense 3.072 (3.072)c;0 000%
Error &Omissions Insurance 600,041 1.1 600.041 5.27%
B&O Taxes 536,753 536,753 4.71%
City.State and FederalTaxes 539.386 (523.246)L 16,140 0.14%
Computer Expense 590,688 590.688 5.I 8%
Computer Depreciation 249,730 249,730 2.19%
Misc Income M O 0.00%
Gain or Less Sale ol‘Asset (15,395)45,395 -0.I4%
Total Administrative Expenses 6.121.564 (940,965)0 5,180,599 45.47%
Total Indirect Costs and Overhead 20.862,263 (1.044,-108)0 19,817,855 l73-93°/o
Indirect Cost Rate 1.83 1.74
Facilities Cost of Capital _3 I .053 0.27%
520,862,263 (5 l 044,408)19,848,908
174.19%
References
Removed by BergerABAM
A UnallowableProposalNegotiationSalaries ($56,945.36)and Administrativesalaries ($38,792.04).
B Unallowableadministrativeexpenses.Firm tracks unallowableexpenses on the general ledger.
C Advertising unallowableper 48 C FR 31.205-1(1).
D Contributions unallowable per 48 CFR 31.205-8.
E Removed by Berger/ABAM in compliance with various PARS regulations.
1-‘Travel and subsistencethat are over the daily FAR allowable rates per 48 CFR 31.205-46
G Interestand other ?nancial costs not allowableper 48 CFR 31.205-20
1|FringeBene?t adjustment;directlyassociatedcost to unallowableadvertising.public relationsand direct
selling labor unallonable per 48 C FR 31.201-6(a)
1 Determiningallowabillity-costs property supported with adequatedocuntnetationare allowable C FR 31.201-2(d)
J C1-‘R3I.201-3(b)(l )1)etennining reasonableness -Costs generally not reconized as ordinary and necessary for the conduct of business are unallowable
K Taxes -Taxes from which exemptions are available to the contractor directly are unallowable when the burden incident to
obtainingthe exemptionoutweighsthe correspondingbene?ts accruingto the Government.CFR 3|205-81 (13)(3)
Taxes -Federal incomeand excess pro?ts taxes are unallowable
Designbuild loss adjustments
Unullowableadjustments made from conducting quant /\udit-I 1839.22 from travel,878.12 l'onn meals and 4234.21 removed from proposal
2§r-
Page 2
AGENDA ITEM #6. c)
Exhibit E
Sub-consultant Cost Computations
There isn’t any sub-consultant participation at this time.The CONSULTANT shall not sub-contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI “Sub-Contracting”of this AGREEMENT.
See Exhibits E-1,B-2,E-3,E—4and B-5 attached.
Agreement Number:CAG-17-074
WSDOT Form 140-089 EF Exhibit E Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
EXHIBITE-1 -SUBCONSULTANT FEE DETERMINATION
NE 31ST STREET BRIDGE RPLACEMENT PROJECT
PAGE 1 OF 4
DIRECT SALARY COSTS {DSC}
Personnel
1 Principal
2 Geotechnical Project Manager
3 Senior Geotechnical Engineer
4 Senior Geologist
5 Project Engineer/Geologist
6 Technician,Admin,Clerical
7
Total Hours
Overhead (OH)
Fixed Fee (FF)
DIRECT NONSALARY COSTS IDNSCI
PAYMENT
Mileage
Inspection EquipmentEquipment
Copies
Services will be paid on a DSC multiplier equal to
Hours
35
23
65
12
135
128.58%
30.00%
1
X $75.96 =$
X $64.90 =$
X $52.88 =$
X $42.37 =$
X $33.94 =$
X $30.29 =$
X =$
Subtotal Direct Salary Costs (DSC)=$
Salary Escalation (SE)=5%of DSC =$
Subtotal (DSC +SE)=$
of (DSC +SE)=$
of (DSC +SE)=S
TOTAL SALARY COSTS (DSC +SE -1-OH +FF)=$
600 miles @ 0.540 $
$
TOTAL REIMBURSABLE EXPENSES (DNSC)=$
TOTAL AUTHORIZED AMOUNT =$
2.586
PanGeo Costs
5/18/2017
2,272
1,216
2,206
363
6,057
303
6,360
8,178
1,908
16,446
324
100
424
16,870
AGENDA ITEM #6. c)
EXHIBITE-1 -SUBCONSULTANTFEE DETERMINATION PanGeo Hours
NE 31ST STREET BRIDGE REPLACEMENTPROJECT 5118/2017
PAGE 2 OF 4
Principle Geotechnlcal Senior Geo Senior Project Project PanGeo
Task Project Engineer Geologist Engineer Coordinator
TASK DESCRIPTION N0.Manager Geologist Admin Totals
TASK 2.1 -Project Admin 8.Meetings
Precon Meeting
Project Meetings (Up to 2 total)
Site Visits (Up to 3 total for PM only)
Processing MonthlyConstruction Billings (up to 6 months)
TASK 2.2 -RF|'s &Submittal Review
Test Pile Program
Pipe Pile submittal
Sheet Pile Submittal
RFl‘s (Assume up to 5)
TASK 2.3 -Change Orders
TASK 2.4 -Inspections
MonitorTest Pile Installation and Review Results
Pipe Pile Installation-2 Days
Sheet Pile Installation ~3 Days
TASK 2.5 -Record Drawings
TOTAL ESTIMATED HOURS - 2E
AGENDA ITEM #6. c)
L
Vi
EXHIBIT E-1
PAGE 3 OF 4
Washington State
Department of ‘Transportation
Transportation Building
310 Maple Park Avenue S.E.
R0.Box 47300
Olympia.WA 98504-7300
360-705-7000
TTYI1-800~833-6388
www.wsdot.wa gov
Lynn Peterson
Secretary of Transportation
June 14,2016
PanGEO,Inc.—
3213 Eastlake Avenue E,Suite B
Seattle,WA 98102
Subject:Acceptance FYE 2015 ICR —Risk Assessment Review
Dear Ms.Kristin Kimmerling:
Based on Washington State Department of Transportation’s (WSDOT)Risk
Assessment review of your Indirect Cost Rate (ICR),we have accepted your proposed
FYE 2015 [CR of 122.58%.This ICR acceptance is in accordance with 23 CFR 172.7
and must be updated on an annual basis.This rate may be subject to additional review
if considered necessary by WSDOT and will be applicable for:
WSDOT Agreements
IX Local Agency Contracts in Washington State only
Costs billed to agreements/contracts will still be subject to audit of actual costs,based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review.Any other entity contracting with the ?rm is
responsible for detennining the acceptability of the ICR.
If you have any questions,feel free to contact our office at (360)705-7104 or via
email consultantrates@wsdot.wa.aov.
Regards;
Manager,Consultant Services Office
EKJ:kms
Acceptance ICR Risk Assessment Review
AGENDA ITEM #6. c)
PAG E 4 O F 4
PanGEO,Inc.
Overhead Schedule
2015
Proposed Adjusted
Description Amount Adj.Ref.Amount %
Direct Labor Costs $1,074,073 ~$53,020 G $1,021,052
General Overhead Expenses
Direct Nonsalary Costs $724,000 -$724,000 A $0 0.00%
Indirect Officers Salaries‘79,340 -976 B 78,363 7.67%
Indirect Technical/AdminSalaries 183,213 -420 B 182,792 17.90%
Bonuses 67.971 0 C 67,971 6.66%
SEP—IRAContribution 362,703 362,703 35.52%
Medical/DentalInsurance 196,617 196,617 19.26%
PayrollTaxes 108,386 -107 B 108,279 10.60%
Advertising 745 -745 D 0 0.00%
AmortizationExpense 0 0 0.00%
Bank Service Charges 49 -49'F 0 0.00%
Computers 15,155 15,155 1.48%
Contributions 0 0 E 0 0.00%
DepreciationExpense 0 0 0 ,0.00%
Dues &Subscriptions 2,419 2,419 0.24%
EmployeeMorale 2.333 2,333 0.23%
Employee Recruitment 70 70 0.01%
Field Supplies 6,925 6,925 0.68%
Furnitureand Fixtures <$1000 0 0 0.00%
Promotion 0 0 B 0 0.00%
GeneralLiability Insurance 1,612 1,612 0.16%
ProfessionalLiabilityInsurance 76,728 76,728 7.51%
Interest Expense 0 0 0.00%
Licensesand Permits 3,272 3,272 0.32%
Office Supplies/Movingexpense 1,538 1,538 0.15%
Postage and Delivery 595 595 0.06%
Printing and Reproduction 139 139 0.01%
ProfessionalDevelopment 3,188 3,188 0.31%
ProfessionalFees 14,421 14,421 1.41%
Reference(Books/Maps/etc.)81 1 811 0.08%
Rent 46,054 46,054 4.51%
Repairs 917 917 0.09%
Section 179 DepreciationExpenses 8,525 -8.525 0 0.00%
Small ClaimSettlement 1,000 -1,000 0 0.00%
B &0 Taxes 60,392 60,392 5.91%
Property Taxes 322 322 0.03%
Telephone 10,546 10,546 1.03%
Entertainment 7,500 -7,500 B 0 0.00%
Meals/'1'ravel 6,080 -409 B 5,671 0.56%
Utilities 1,756 1,756 0.17%
Total General Overhead Expenses $1,995,318 -$743,731 51,251,587 122.58%
Overhead Rate 185.77%122.58%
References
A Per 48 CFR 31.202(a)
B 48 CFR 31.205-l(d)and 48CFR 31.205-14
C Per 48 CFR 31-205-6(a)(6)(ii)(B)
D Per 48 CFR 31.205-l(d)
E Per 48 CFR 31.205-8
1-‘Per 48 CFR 31.205-20
G Per 48 CFR 37.115,DCAA5-910,5-910.2 &6-410
‘indirect 01'iicers salary amount includesadjustment for payroll variance (=amount on P&L)
EXHIBITE-1 AGENDA ITEM #6. c)
EXHIBITE-2 -SUBCONSULTANT FEE DETERMINATION Beyler Cost
NE 31ST STREET BRIDGE REPLACEMENT PROJECT 5/18/2017
PAGE 1 OF 4
DIRECT SALARY COSTS (DSC)
Personnel Hours Rate Cost
1 Survey Director 16 X $55.96 =$895
2 Survey Technician 24 X $35.00 =$840
3 Crew Chief 16 X $36.00 =$576
4 Chain Person 16 X $21.00 =$336
5 Crew Supervisor 14 X $42.00 =$588
6 0 X =$-
7 Project Coord.IAdmin 16 X $18.00 =$288
Total Hours 102 Subtotal Direct Salary Costs (DSC)=$3,523
Salary Escalation (SE)=5%of DSC =$176
Subtotal (DSC +SE)=$3,700
Overhead (OH)110.00%of (DSC +SE)=$4,069
Fixed Fee (FF)30.00%of (DSC +SE)=$1,110
TOTAL SALARY COSTS (DSC +SE +OH +FF)=$8,879
DIRECT NONSALARY COSTS (DNSC)
Mileage 480 miles @ 0.540 $259
Inspection EquipmentEquipment $250
Copies
V
TOTAL REIMBURSABLE EXPENSES (DNSC)=$509
TOTAL AUTHORIZED AMOUNT =$9,388
PAYMENT
Services will be paid on a DSC multiplier equal to 2.400
AGENDA ITEM #6. c)
E
X
H
I
B
I
T
E
-
2
P
A
G
E
2
O
F
4
£53._m_>omComaEmm5oI._o_>wm _ao_._o_o.c_E....<.:a_u_:.._uo._.._o_m_>3a:mB20:om..on_59.0 Ego30.5 :~_u_E.oo._.>o>..=w ._Ou00.__D>w>.=.m Nmanor#5»m9.__..sm.n_Eooom-m.~v.w<._.>o_m_bsumxoogoSam->o>5m.,co=mu_;Em>mqmoBE8Eozom>m>Smco_.mo_:Em>mco=moo._o__n_Emcwucmma_n_m>m>.3m:o_.mo_Eo>Nnew—_m_n_mctmom._om>o>._:mco_.mo___.w>m__o_.8%c_-e.~v_w<._.w.w_u._Omacmco-mmV55:.m.§$<.m_§_:5=m.sm_>om_2._.E_:mw.o.._n_m_-Ndxm?Am£coE3mtoammmm2mo._n_ucmmmo_o>:_>_£cos_co_.mo____.m>\aamm_o.Eoo.oo_o.n_mc_.wo_>_cozoszmcoumi.om_o.n_.o.9._.8s_w.__.%<.8.§n_-_.~¥m<._.B<E.zoozO_._.o3m._.mzOozo_E_mowmov.m<._.._.Om..Omn_..zms_m_o<._n_mmmon__mmEmmpw55m2zoF<z_sEm:.momm".»z<S:mzoom:w-~.m:m__._xm
A
G
E
N
D
A
I
T
E
M
#
6
.
c
)
EXHIBIT E-2
PAGE 3 OF 4
L
"7"Washington State E-EnspopagoiiulidineJDepartmentofTransportationR0‘8::273:;"5""5'5‘
Olympia.WA 98504-7300
360405-7000
TTY:1-B00-E33-G388
www.wsdnt.walgov
October 17,2016
Landon Beyler,Owner
Beyler Consulting,LLC
7602 Bridgeport Way West #D3
Lakewood,WA 98499-2415
Re:Beyler Consulting,LLC
Safe Harbor Indirect Cost Rate
Dear Mr.Beyler:
Washington State has received approval from our local Federal Highway Administration (FHW A)
Division to continue administering the “safe harbor”indirect cost rate program on engineering and
design related service contracts,as well as for Local Public Agency projects.
We have completed our risk assessment for Beyler Consulting,LLC.Our assessment was conducted
based on the documentation provided by the ?nn.The reviewed data included,but was not limited to,a
description of the company,basis of accounting,accounting system and the basis of indirect costs.
Based on our review,your ?ml is eligible to use the Safe Harbor rate.You have opted to use the Safe
Harbor rate,rather than provide a FAR—co1npliantrate at this time.
We are issuing the Safe Harbor Indirect Cost Rate of l 10%of direct labor with a ?eld rate,where
applicable,of 80%of direct labor for Beyler Consulting.The Safe Harbor rate is effective on October
17,2016.
Beyler Consulting has agreed to improve I.ntemal Controls and timekeepingprocesses in order to be able
to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition
Regulations (FAR),Subpart 31.The WSDOT Internal Audit Of?ce has provided guidance and
information related to FARS and the AASHTO Audit Guide.The Safe Harbor Rate of 1 l0“/u,or 80%for
field office situations,can be used [or agreements entered into prior to December 31,2018.For
agreements entered into after this date,please contact the WSDOT Consultant Services Office (CSO)or
our office for guidance.
The Safe Harbor Rate will go_t be subject to audit,Please coordinate with CS0 or your Local Programs
‘Contact if you have questions about when to apply the Safe Harbor rate to your agreement.
If you have any questions,please contact me,Jeri Sivertson,or Steve McKemey at (360)705-7003.
Sincerely,
Scliatzie Harvey ('9aAgreementCompli dit Manager
cc:Steve McKemey,Director of I.ntemal Audit
Jeri Sivertson,Assistant Director of Lntemal Audit
Lany Scho?eld,MS 47323
File
AGENDA ITEM #6. c)
EXHIBITE-2
PAGE 4 OF 4
CERTIFICATIONOF FINALINDIRECTCOSTS—FOR A SAFE HARBOR INDIRECTCOST RATE
Firm Name:Beyler Consulting LLC
1,the undersigned,certify that l have reviewed the proposal to establish the Sa?zHarbor rate.
The?rmis electingto use the SAFE HARBORINDIRECTCOST RATEof!10%ofdirect labor with a?eld rate,when applicable.of80%ofdirect labor.To the best of my knowledgeand belief:
a)The?rmhas not had a FAR compliant indirect cost rate previously accepted by any other stateagency.
b)Tlte?rmwill,providereports as required by the SAFEHARBORRATE program on their
progress toward compliance with the cost principles ofthe Federal Acquisition Regulations
(FAR)oftitle 48,Code ofFederal Regulations (CFR),part 31.
All knownmaterial transactions or events that have occurred affecting the ?rm’s ownership.organization
‘andprior ¤t indirect cost rates have been disclosed.
The?rmagrees to followthe ‘Path to Compliance ".Steps noted below:
The Pathwaymust include:
I A tintelteepingsystem which includes the Internal Controls describedin chapter 6 ofA/ISHTOAnaccountingsystemwhichseparatesindirectcostsanddirectcosts
An accounting system whichseparates allowableand unallowablecost
A compliantjob cost system which is general ledger driven
Trainingfor accounting personnel and key management on Part 3/ofthe Federal Acquisition Reg7t/otions.Contract Cost Principles and Procedures
0 A strong written internal control policy with a policy and procedures manual
*Signature:
‘Name of Certifying Of?cial (Print):L don Bcyler
*Title:Owner
Date of Certi?cation(mm/dd/yyyy):10/5/2016
A
*Note:This form is to be completed by an individualexecutive or ?nancial officer of the consultantat alevelnolowerthanaVicePresidentorChiefFinancialOiiicer,or equivalent,who has the authority to
represent the ?nancial informationutilized to establish the indirectcost rate proposal submitted inconjunctionwiththeagreement.
AGENDA ITEM #6. c)
EXHIBITE-3 -SUBCONSULTANT FEE DETERMINATION Watershed Costs
NE31ST STREET BRIDGE REPLACEMENT PROJECT 5/18/2017
PAGE 1 OF 7
DIRECT SALARY COSTS [DSC]
Personnel Hours Rite E
1 Principle 2 X $67.31 =$135
2 Project Engineer 2 X $57.69 =$115
3 Senior Engineer1 12 X $42.79 =$513
4 Senior Engineer2 0 X 35 36.06 =$-
5 Junior Engineer 0 X $30.77 =$-
6 GIS Specialist 0 X $35.00 =$-
7 Project Coord/Admin 6 X $30.00 =$180
Total Hours 22 Subtotal Direct Salary Costs (DSC)=$943
Salary Escalation (SE)=5%of DSC=$4?
Subtotal (DSC+SE)=$991
Overhead (OH)167.60%of (DSC+SE)=$1,660
Fixed Fee (FF)30.00%of(DSC+SE)=s 297
TOTAL SALARY COSTS (DSC +SE +OH +FF)=$2,948
DIRECT NONSALARY COSTS [DNSC[
Mileage 100 miles@ $0.540 $54
Miscellaneous Expendables (photographs,equip rental,etc)
TOTAL REIMBURSABLE EXPENSES (DNSC)=$54
TOTAL AUTHORIZED AMOUNT =$3,002
PAYMENT
Services will be paid on a DSC multiplier equal to 2.976
AGENDA ITEM #6. c)
EXHIBITE-3 -SUBCONSULTANTFEE DETERMINATION Watershed Hours
NE 31ST STREETBRIDGE REPLACEMENTPROJECT 5/1812017
PAGE 2 OF 7
Principle Project Senior Senior Junlor GIS Project Watershed
Task Engineer Engineer 1 Engineer 2 Engineer Specialist Coordinator
TASK DESCRIPTION No.Admin Totals
TASK 2.1 -Project Admin 8.Meetings
Site Wsits NIA
Processing Monthly Construction Billings (up to 3 months)
TASK 2.2 -RF|'s &Submittai Review
RFI's (Assume up to 2)
TASK 2.3 -Change Orders (assumed extra work)
TASK 2.4 -Inspections
Channel Inspections
TASK 2.5 -Record Drawings
TOTAL ESTIMATEDHOURS :3 R
AGENDA ITEM #6. c)
L
'V7i
EXHIBIT E-3
PAGE 3 OF 7
Transportation Building
310 Maple Park Avenue SE.
P.O.Box 47300
Olympia,WA 98504-7300
360—705-7000
TTY:1-800~833-6388
vvwwwsdot.wa.gov
Washington State
Department of Transportation
Lynn Peterson
Secretary of Transportation
April 26,2016
Watershed Science &Engineering
110 Prefontaine Place S,Suite 508
Seattle,WA 98104
Subject:Acceptance FYE 2015 ICR —Audit Office Review
Dear Mr.Larry Karpack:
Transmitted herewith is the WSDOT Audit Off1ce’s memo of “Acceptance”of your
f1rm”s FYE 2015 Indirect Cost Rate (ICR)of 167.60%.Your ICR acceptance is in
accordance with 23 CFR 172.7 and must be updated on an annual basis.This rate will
be applicable for:
[Z WSDOT Agreements
E Local Agency Contracts in Washington State only
Costs billed to agreements/contractswill still be subject to audit of actual costs,based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review.Any other entity contracting with your firm is
responsible for determining the acceptability of the lCR.
If you have any questions,feel free to contact our office at (360)705-7104 or via
email consultantmtes@.wsdot.wa.gov.
Regards;
%.Z L\
RIK K.JONSON
Manager,Consultant Services Office
EK.l:kms
Acccplzmcc ICR Audit Oi'l'u:<:Review
AGENDA ITEM #6. c)
L"77!’
EXHIBITE-3
PAGE 4 OF 7
Washington State
Department of Transportation Memorandum
April 25,2016
TO:Erik Jonson,ContractingServices Manager
FROM:SchataieHarvey,Agreement ComplianceAudit Manager‘.>§¢o¢
SUBJECT:Watershed Science &Engineering,Inc.Indirect CostRate
for Fiscal Year Ended December 31,2015
We have completed our review of the Watershed Science &Engineering,Inc.IndirectCostRatefortheabovereferenced?scal year.We reviewed the documentation
supportingthe rate for compliancewith criteria contained in the Federal Acquisition
Regulations (FAR),Subpart 31.
Based on our reviewwe are issuing this memo establishingthe Watershed Science &
EngineeringIndirect Cost Rate for ?scal year ending December 31,2015,at 167.60%of
direct labor.Watershed Science &.Engineeringprovided a FHWA Certi?cateof Final
Indirect Costs indicating all costs includedin the indirect cost rate schedulecomply with
FARs.
A
Costs billed to agreements will still be subject to audit of actual costs,basedon the tenns
and conditions of the respective agreement.'
This was not a cognizant review.Any other entity contracting with the ?rm is
responsible for determining the acceptabilityof the Indirect Cost Rate.
If you have any questions,feel free to call me at (3 60)705-7006,or via email at
harveys(tD.wsdot.wa.gov.
Cc:Steve McKerney
File
DOT Form 700-DOBEF
Revised5/89 '
AGENDA ITEM #6. c)
EXHIBITE-3
PAGE 5 OF 7
Certification of Final Indirect Costs
FirmName:WatershedScience 8.Engineering.inc '
IndirectCost Rate Proposal:157.50%
Date of Proposal Preparation (mm/dd/yyyy):4122/2016
Fiscal Period Covered (mmidd/yyyyto mmlcid/yyyy):1/1/2015 -12/3112015
I.the undersigned,certify that I have reviewed the proposal to establishfinal indirectcost ratesforthe?scal period as specified above and to the best of my knowledge and belief:°
1.)Allcosts includedin this proposal to establishilnal indirectcost rates are ailowabie-in
’
accordance with the cost principles of the Federal Acquisition Regulations (FAR)of title48.Code of Federal Regulations (CFR).part 31.
2.)Thisproposal does not includeanycosts which are expressly unailowabie under the costprinciplesoftheFARof48CFR31.
Allknownmaterial transactionsorevenlsthat have occurred affecting the firm's ownership,organization and incllrectcost rates have been disclosed.
Signature:i
Name of CertifyingOfficial‘(Print):LarryKarpack
_..___._____._j__...______..___...__.____
Title:Vice President
Date of Certi?cation(mmlddlyyyy):4125/2016
‘The "CertifyingOfficial"must be an Individualexecutive or financialofficerof the firmat a levelnolowerthanaVicePresidentorChiefFinancialOfficer.or equivalent.who has the authority to
represent the financialinfonnationutilizedto establish the indirectcost rate for use under Agencycontracts.
Ref.FHWADirective4470.1Aavailableon line at:httprllwwwinwa.dotgovliegsregsldirectivesIorciersl44701a.htrn
O/I-ICerti?cation;Nov 2010
AGENDA ITEM #6. c)
Description
Direct Labor (billable and non-billable)
Indirect Costs:
Fringe Bene?ts
Paid Time O?"
Payroll Taxes
Health Insurance
401_-1_<Plan Match
Total Fringe Benefits
General Overhead
IndirectLabor
Labor Variance (and UncompensatedOT)
IncentiveBonus
Rent
Maintenance&Repairs
Commuting and Parking
Travel
Travel -Meals
insurance
Telephone
Utilities
Licenses
Depreciation&Amorti7ation
Dues &Registrations
EmployeeTrain/Recruit/Moving
Advertising
_
Accounting,Payroll&401K Services
Legal Services
Computer
Supplies &Miscellaneous
Equipment
EmployeeFood and Water
Employee Entertainment
‘
Gifts
Printing andReproduction
Books and Periodicals
Bank Charges (not interest)
Interest and Late Charges
Postage,Shipping,Delivery
B&O Tax
Income Tax
Property Tax
EXHIBITE-3
PAGE 6 OF 7
Watershed Science and Engineering,Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31,2015
Financial
Statement
Amount
$458,845
$96,148
62,070
75,780
27,602
$261,600
$218,434
(4,480)
149,331
52,023
6,645
2,691
1,495
10,361
7,356
2,200
1,61 1
4,63 1
5,75 1
3,757
84
4,587
7,250
10,686
815
1,991
5,784
65
3,331
250
644
188
41,815
(4,839)
1,096
Page 1 of 2
WSE Adj.
$0
($192)
(70)
(25,050)
(48)
(34)
(5,784)
(65)
(544)
4,839
wsnor Adj.Reg
($2,313)
($2,313)
L
U-'17‘1>‘T1
Accepted
Amount
$458,845
$96,148
59,757
75,780
27,602
$259,287
$218,242
(4,550)
124,281
52,023
6,645
2,691
1,495
10,361
7,356
2,200
1,611
4,631
5,704
3,757
4,587
7,250
10,686
8 15
1,991
3,331
250
188
41,815
1,,096
100.00%
20.95%
13.02%
16.52%
6.02%
56.51%
47.56%
-0.99%
27.09%
11.34%
0.00%
1.45%
0.59%
0.33%
2.26%
1.60%
0.48%
0.35%
1.01%
1.24%
0.32%
0.00%
1.00%
1.58%
2.33%
0.13%
0.00%
0.43%
0.00%
0.00%
0.73%
0.00%
0.05%
0.00%
0.04%
9.1 1%
0.00%
0.24%
AGENDA ITEM #6. c)
EXHIBITE-3
PAGE 7 OF 7
Watershed Science and Engineering,Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31,2015
Financial
Statement .Accepted '
Description Amount wsE Adj,WSDOT Adj.Ref,Amount %
Penalties&Fines 4 (4)I -0.00%
BusinessDevelopment '1,260 r 1,260 0.27%
CharitableDonations
_22,987 (22,987)'J -0.00%
Total General Overhead $559,805 1350.088)$0 $509,717 111.09%
Total Indirect Costs &Overhead $821,405 ($50,088){$2,313}$769,004 167.60%
Indirect Cost Rate ,,179.02%168.10%167.60%
WatershedScience am!Engineering,Inc.-Reviewed &Accepted -4/20/2016 DJA
"Indirect Cost Rate still subject to WSDOTAudit"
References
WSE Adjustments:
Unallowableadvertising labor costs removed,including salary overheadper 48 CFR 31.205-1
Excess Compensationunallowableper 48 CFR 31.205-6(p)(3)(ii)
Unallowablclobbying costs removed per 48 CFR 31.205-22
Public relationsand advertising unallowableper 48 CFR 31.205-1.
Entertainmentunallowableper 48 CFR 31.205-14.
Gifts unallowableper 48 CFR 3 1.205~l3(b)
Interest unallowableper 48 CFR 3 1.205-20.
Income taxes unallowablcper 48 CFR 31.201-4
Penaltiesand ?nes unallowableper 48 CFR 31.205-15(a)
Charitablecontributionsunallowablc per 48 CFR 31.2058.
Finn reconciling labor adjustment per 48 CFR 3 1.20l—4.
7<-—-—-..'-::o~nz-Juana)»
WSDOT Adjustments:.
L Directlyassociatedpayroll costs related to unallowable advertisingand excess compensation
=$2,313 unallowableper 48 CFR 31.201—6(a)
Page 2 of 2
AGENDA ITEM #6. c)
EXHIBITE-4 -SUBCONSULTANT FEE DETERMINATION UFS Costs
NE 31ST STREET BRIDGE REPLACEMENTPROJECT 5/18/2017
PAGE 1 OF 3
DIRECT SALARY COSTS (DSC)
Personnel Hours @135;E
1 Quality Assurance 22 X $56.97 =$1,253
2 Project Manager 0 X $45.00 =$-
3 Acquisition Specialist 0 X $39.00 =$-
4 Relocation Specialist 0 X =$-
5 SrAdministrative Specialist 4 X $30.00 =$120
Total Hours 4 Subtotal Direct Salary Costs (DSC)=$1,373
Salary Escalation (SE)=5%of DSC =$69
Subtotal (DSC +SE)=S 1,442
Overhead (OH)52.31%of (DSC +SE)=S 754
Fixed Fee (FF)30.00%of (DSC +SE)=$433
TOTAL SALARY COSTS (DSC +SE +OH +FF)=$2,629
DIRECT NONSALARYCOSTS IDNSCI
Mileage 225 miles@ $0.540 $122
Miscellaneous Expendables (photographs,equip rental,etc)
TOTAL REIMBURSABLEEXPENSES (DNSC)=$122
TOTAL AUTHORIZED AMOUNT =$2,750
PAYMENT
Services will be paid on a DSC multiplier equal to 1.823
AGENDA ITEM #6. c)
EXHIBITE-4 -SUBCONSULTANTFEE DETERMINATION
NE 31ST STREET BRIDGE REPLACEMENTPROJECT
PAGE 2 OF 3
Task QA-QC
TASK DESCRIPTION No.
TASK 2.1 -Project Admin &Meetings
UFSSenior
Project Acquistion Relocation Administration
Manager Specialist Specialist Specialist Totals
Precon Meeting
Project Meetings
Site Visits (2 each)
Progress Billings (Assume 2)
TASK 2.2 -RFI's 8:Submittal Review
Assume 3
TASK 2.3 -Change Orders
TASK 2.4 -Inspections
1 Each
TASK 2.5 -Record Drawings
TOTAL ESTIMATED HOURS jijjjjlj
UFS Hours
5/18/2017
AGENDA ITEM #6. c)
EXHIBITE-4
PAGE 3 OF 3
Q
'7'Washington State ;=:)nAsApo|rtaFt,ior'1(iuildings-ape ar venue .E.J Department of Transportation P_O_Box 47300
Olympia.WA 93504-7300
360~7D5-7000
TTY:1-BOD-833-6388
www,wsdot.wa.gov
February 27,2016
Universal Field Services
6737 S.85"‘East Avenue
Tulsa,OK 74133
Subject:Acceptance FYE 2016 ICR —Cognizant Review
Dear Mr.Mitch Legel:
We have accepted your firms FYE 2016 Indirect Cost Rate (ICR)of 52.31%based on
the “Cognizant Review”from Stanfield &O'Dell.This rate will be applicable for
WSDOT Agreements and Local Agency Contracts in Washington only‘This rate may
be subject to additional review if considered necessary by WSDOT.Your ICR must be
updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs,based
on the terms and conditions of the respective agreement/contract.
Any other entity contracting with your firm is responsible for determining the
acceptability of the ICR.
If you have any questions,feel free to Contact our office at (360)705-7019 or via email
consultantrates@wsdot.wa.0ov.
Regards;
ERIK K.JONSON
Manager,Consultant Services Office
EKJ:kms
Acceptance ICR Cognizant Review
AGENDA ITEM #6. c)
EXHIBITE-5 -SUBCONSULTANTFEE DETERMINATION MAYE5 TESTING ENGINEERS.INC-
NE 31ST STREET BRIDGE REPLACEMENT PROJECT A TERRACON COMPANY_
PAGE 1 OF 7 5/18/2017
DIRECT SALARY COSTS (DSC)
Task 1.2
P_ersi11<-:-_|Hours B_a_t§A
1 Project Manager 12 X $54.60 =$655
2 Soil Density Testing 30 X $28.50 =$855
3 Concrete Inspection 35 X $28.50 =$998
3 HMADensity Testing 12 X $28.50 =$342
4 Steel Inspection X $36.50 =$-
Total Hours 89 Subtotal Direct Salary Costs(DSC)=$2,850
Salary Escalation (SE)=5%of DSC =$142
Subtotal (osc +SE)=$2,992
Overhead (OH)191.26%of (DSC +SE)=$5,723
Fixed Fee (FF)30.00%of (DSC +SE)=$898
TOTAL SALARY cosrs (osc +SE +on +FF)=$9,613
DIRECT NONSALARY COSTS (DNSC)
Soil Moisture Density 4 $225 $900
Concrete Compressive Test 35 $25 $875
WSDOT T606 Test 1 $550 $550
Seive Analysis 5 $225 $1,125
Sand Equivalent 4 $60 $240
Fractured Face Count 1 $75 $75
HMA Rice Density 2 $100 $200
HMA Ignition Gradation 2 $250 $500
Uncompacted Void Count 1 $45 $45
HMA Core Density $35 $0
HMA Core Bit Charge $4 $0
TOTAL REIMBURSABLE EXPENSES (DNSC)=$4,510
TOTAL AUTHORIZED AMOUNT =$14,123
PAYMENT
Services will be paid on a DSC multiplier equal to 3.213
AGENDA ITEM #6. c)
L
Vi
EXHIBIT E-5
PAGE 2 OF 7
Washington State
Department of Transportation
Transportation Bulldlng
310 Maple Park Avenue SE.
P.O.Box 47300
Olympla.WA 98504-7300
360-705-7000
TTY:1-800-833 -6388
www.wsdct.wa.gov
August 16,2016
Terracon Consultants,Inc.
18001 W.106'“Street,Suite 300
Olathe,KS 66061
Subject:Acceptance FYE 2015 ICR —CPA Repon
Dear Ms.Monica Curls:
We have accepted your ?rms FYE 2015 Indirect Cost Rate (ICR)of 191.26%based
on the “Independent CPA Report,”prepared in accordance with Part 31 of the FAR,by
BKD CPAs &Advisors.Your ICR acceptance is in accordance with 23 CFR 172.7
and must be updated on an annual basis.This rate may be subject to additional review
if considered necessary by WSDOT and will be applicable for:
X]WSDOT Agreements
IE Local Agency Contracts in Washington State only
Costs billed to agreements/contracts will still be subject to audit of actual costs,based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review.Any other entity contracting with the ?rm is
responsible for determining the acceptability of the ICR.
If you have any questions,feel free to contact our office at (360)705-7104 or via
email consultantrates@wsdot.wa.gov..
Regards;
R K.JONSO
Manager,Consultant Services Office
EKJ zkms
Acceptance [CR CPA Report
AGENDA ITEM #6. c)
J
771'
EXHIBIT E—5
PAGE 3 OF 7
W h'I S!ID::ai"l‘r?1::tofaT$ansportation Memoran ClUIll
August 1],ZOI6
TO:Erik Jonson,Contracting Services Manager
FROM:Schatzie Harvey,Agreement Compliance Audit Manage§j‘\.,
SUBJECT:Terracon Consultants,Inc.Indirect Cost Rate for
Fiscal Year Ended December 31,2015
We accept the audit work performed by BKD CPAs &Advisors related to the Terracon
Consultants Indirect Cost Rate for the above referenced ?scal year.BKD audited the
Terraeon Consultants indirect costs for compliancewith Federal Acquisition Regulations
(FAR),Subpart 3].Our of?ce did not review their audit work‘
Based on our acceptance of the CPA’s audit,we are issuing this memo establishing the
Terracon Consultants Indirect Cost Rate for ?scal year ending December 31,2015 at
I91 26%of direct labor (rate includes 0.52%FCCM).
Costs billed to agreements will still be subject to audit ofactual costs,based on the terms
and conditions of the respective agreement.
This was not a cognizant review.Any other entity contracting with the ?mi is
responsible for determining the acceptability of the Indirect Cost Rate.
If you have any questions,feel free to call me at (360)705-7006,or via email at
harveys@wsdot.wa,gov.
Attachment
cc:Steve McKemey
File
DOT Form700-D05EF
Revised 5199
.4-
1'
ls
i
AGENDA ITEM #6. c)
EXHIBITE-5
PAGE 4 OF 7
Terracon Consultants,Inc.
Statement of DirectLabor,Fringe Benefits and General Overhead
Year Ended December 31,2015
Nonallowable Allowable “/6of Direct
Total costs Costs Labor
Direct Labor
Terracon $125,408,107 $125,408,107 100.00%
Overhead on Direct Labor .
Vacation,sick,holiday leave $20,079,221 3 20,079,221
Payroll taxes 18,340,560 18,340,560
Group insurance 24,659,365 _24,659,365
Workers‘compensationinsurance 2,878,396 2,878,396
Pro?t sharing/401(k).7,463,678 7,463,678
73,421,220 73,421,220 58.55%
General and Administrative Overhead Costs
Indirect/administrativelabor 95,236,758 $(9,613,318)(1)85,623,440
Travel expense 7,952,953 (1,979,885)(3)5,973,067
Depreciation expense 3,455,896 -3,455,896
Amortizationexpense 6,977,738 (6,977,738)(3)-
Gain —sale of assets (95,557)-(95,557)
Rent —office 15,601,110 -15,601,110
Insurance —general 2,839,641 -2,839,641
Insurance—professionalliability 7,208,260 -7,208,260
Telephone 6,138,761 -6,138,761
Lab expenseand supplies 2,195,000 -2,195,000
Supplies 3,989,264 -3,989,264
Equipmentrepairsand maintenance 1,314,721 -1,314,721
Fleet expense 2,850,721 -2,850,721
Maintenancecontracts 34,155 -34,155
Licenses and taxes 784,467 -784,467
Equipmentrental 167,700 -167,700
Property tax 257,733 -257,733
Ot?ee expense 1,489,435 -1,489,435
Printing expense 349,130 (71,511)(4)277,619
Photocopy expense 1,376,129 -1,376,129
Data processing 5,940,281 -5,940,281
Utilities ,2,333,761 -2,333,761
Buildingrepairand maintenance 3,340,269 -3,340,269
Provisionfor doubtfulaccounts 422,806 (422,806)(5)-
Dues and subscriptions 1,931,253 (58,062)(6)1,873,191
Client development 2,495,729 (1,465,110)(7)1,030,619
Temporary o?ice help 2,619,178 -2,619,178
Freight/postageexpense 774,009 -774,009
Professionalfees 1,767,701 (418,078)(8)1,349,623
Donations 330,500 (330,500)(9)-
Employeeexpense 2,423,700 (1,691,063)(I0)732,637
Health and safety 380,444 (25,300)(I6)355,144
Employee relocation 442,865 (52,172)(II)390,693
Employee education and training 2,455,621 ~
,2,455,621
Interest expense 213,875 (213,875)(/2)--
Recruiting fees and expense 602,035 -602,035
Interest income (97,679)97,679 (I 3)-
Other income 78,071 (41 1,696)(14)(333,625)
Other expenses 835,686 420 (I5)836,106
189,414,120 (23,633,0l§)165,781,104 132.19%
_TotalOverhead S 262,835,340 3 (23,633,016)3 239,202,324 19o,74%
See Notes to Statement of Direct Labor,Fringe Bene?ts and General Overhead 3
AGENDA ITEM #6. c)
FAR References and Notes:
(1)31.205-l(t)(]-3)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
EXHIBITE-5
PAGE 5 OF 7
Terracon Consultants,Inc.
Statement of Direct Labor,Fringe Benefits and General Overhead
31.205-27
31.205-3
31-205-6(b)
31-205-6(b)
31.205-6(g)
31.205-l
31.205-1(1)(7)
31.205-14
31.205-46
31.205-46
31.205-SJ
31.205-49
31.205-1
3l.205-3
31.205-22
31.205-l
31.205-l4
31.205-27
31.205-41
31205-8
(10)31205.13
(11)31205-35
(12)31.205-20
(13)31,205.20
(14)31201-5
(15)31.205-15
31.205-l9(2)(vi)
(16)31205-13
(Continued)
Year Ended December 31,2015
Marketing,lobbying and any labor associated with unallowable activitiesare unallowable.
Labor related to acquisitionsis unallowable.
Labor related to Bad Debt Collection istunallowable.
Stock Options/StockBonuses are unallowable.
Certain payments to employees/of?cers made unallowable due to reasonableness.
Payments made for severance not pursuant to a formalpolicy are unallowable.
Travel related to unallowablepublic relationsand advertisingcosts.
Costs of membershipsin civic organizations are unallowable.
Entertainmentcosts are unallowable.
Lodging,Meals,Per Diem in excess of GSA JTR Rates are unallowable.
Auto Allowance is an unallowable expense.
Costs of alcoholicbeverages are unallowable.
Costs for amortizationof intangible assets and goodwill are unallowable.
Cost for marketing materials -brochures and direct mail publications are unallowable.
Estimated losses arising from uncollectible accounts receivable are unallowable.
Lobbying costs,paid as a percentage of professional dues,are unallowable.
Costs for promotionalactivities and trade shows are unallowable.
Entertainment costs are unallowable.
Professionalcosts paid related to acquisitions andreorganization are unallowable.
Costs incurredrelated to Federal income taxes are unallowable.
Contributionsand gi?s are unallowable.
Costs for ticketsshows/sporting events,picnics,parties are unallowable.
Lump sum payments in excess of $5,000 are unallowable.
Interest eitpenseisunallowable.
Interest incomeis unallowable.
Credits related to allowable costs have been allowed.
Costs of fines and penalties related to traffic violations are unallowable.
Key man insurance is unallowable.
Costs of undistributed spot bonuses are unallowable.
See Notes to Statement of Direct Labor,Fringe Benefits and General Overhead 4
AGENDA ITEM #6. c)
EXHIBITE-5
PAGE 6 OF 7
_'|'erracon Consultants,Inc.
Notes to Statement of Direct Labor,Fringe Benefits and General Overhead
December 31,2015
Note 8:Facilities Capital Cost-of-Money Factor
The cost-of-money rate has been calculated in accordance with FAR §31.205-10 using average net
book values of equipmentand facilities multipliedby the average treasury rate for the year ended
December 31,2015.Equipmentand facilities include furniture and ?xtures,computer equipment,
software andleasehold improvements.The calculation is as follows:
Average Book Value for 2015 $29,105,421
Average treasury rate 2.25%
Cost of facilities capital ’
$554,372
Direct labor base
I
$125,403 107
Cost of facilities capital percentage
I
052%
Note 9:Direct Cost Accounts
The Statement of Direct Labor,Fringe Bene?ts and General Overhead schedule providesa detail
listing of the direct cost accounts not included on the overhead pool.This list includes costs for
subcontract labor,drilling equipment and supplies,depreciation,equipment rental,travel and
environmental/wellsupplies.
Note 10:Subsequent Events
Subsequent events have been evaluated through the date of the Independent Auditor’s Report,
which is the date the ?nancial statement was available to be issued.
10
AGENDA ITEM #6. c)
EXHIBITE-5
PAGE 7 OF 7
_.—.—....:
._..-_—._—— x —p—.—.q--—_.:._.___——.-_n—-.—_..._
§._‘_Ql\‘TRACTOR CERT[FL_C_TA.T‘IfONOFFJ.NAI_,Il\§_D_l_REC'T'COST
Finn Name:Terrace];Consultants,Inc.
IndirectCos!Rate:__190.74%
»-
FacilitiesCapital Cost of Money:0.52%
Date m"Preparalion:May 23.2016
FiscalYear Covered:01[0l[20l5 to l2[31/2015
_
I.the m2dc:'sigI:cd,car/1_‘;_‘i-1/ml/lmrc'rm'ic'wcdIl:eit;/'orm(m'on ztscdto¢4.s'1al2li.s-l2_/inalindirect
cos!ratcs?arI/1c./isca/periodas indicaieclin this audit.and to {he besl qfnzye/m01s'lcc/ge
belie/.‘
and
I)All cos!used lu csrablislyfinnl indirvclcosts rates are allowab/c'in acc-0rdancr'will:rlzq
applicable ('05!princzjnle.s'Q/‘I/mFea’w-a/,4cqm1ciriouRegu/a(_ions(F._~1R)0,/Title 48',Code
ofFedemIRc-gzrlarions(CFR).Part 3/.
2)T/ulvsnbnzim-claudit (inc/u.§i1°e o_/‘indirectcosts)does‘noi includeany costs n-ln'c/1are
cxpI'cssIyunalloaml:-/cunder the cos!jJI'iIl('i]J/csqfrlm FAR oj'4r‘?C‘FI?3}.
AddiI1'onaI/_1.',I cert;/_i'(hat all lmownnmlerial n'ansacn'c'msor evenrs I/mt lmve oc:cm'rr3dr{[/coring
lIw_/irm'.s-ou‘ncI°.\'l21'/J.nrgcmizalian.mm’im/irccl c'u.x°I.s'have been cli.s'r.'lr:.s'ec/.
-
e ,..,§>\"--.4 "'\\K:"~.Signature:'
'-
Namc of'Ccru'fyin_gOfficial:Doug D.Loyeridge
Title:Controller 1Vice President
Date of Cerli?calionm:lune 30 2 0 16
AGENDA ITEM #6. c)
Exhibit F
Title VIAssurances
During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,and successors
in interest agrees as follows:
I.
WSDOT Form 140-089 EF Exhibit F
Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations,
Part 2 I ,as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”),
which are herein incorporated by reference and made a part of this AGREEMENT.
.Non-discrimination:The CONSULTANT,with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention
of sub-consultants,including procurement of materials and leases of equipment.The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS,including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
Solicitations for Sub-consultants,Including Procurement of Materials and Equipment:In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract,including procurement of materials or leases of equipment,each potential sub-
consultant or supplier shall be noti?ed by the CONSULTANT of the CONSULTANT’s obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color,
sex,or national origin.
Information and Reports:The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records,
accounts,other sources of information,and its facilities as may be determined by the AGENCY,the
STATE,or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such
REGULATIONS,orders and instructions.Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall
so certify to the AGENCY,the STATE,or the F HWA as appropriate,and shall set forth what efforts it has
made to obtain the information.
.Sanctions for Non-compliance:In the event of the CONSULTANT’s non-compliance with the non-
discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions
as it,the STATE,or the FHWA may determine to be appropriate,including,but not limited to:
-Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies,and/or;
-Cancellation,termination,or suspension of this AGREEMENT,in whole or in part.
Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs (I)through
(5)in every subcontract,including procurement of materials and leases of equipment,unless exempt by the
REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action with
respect to any sub-consultant or procurement as the STATE,the AGENCY,or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and,in
addition,the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States‘Agreement Number:CAG-I7-074
Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
Exhibit G
Certification Documents
Exhibit G-1(a)Certi?cation of Consultant
ExhibitG—l(b)Certi?cation of City of Renton
Exhibit (3-2 Certi?cation Regarding Debarment,Suspension and ()thcr Responsibility Matters —
Primary Covered Transactions
Exhibit G-3 Certi?cation Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certi?cate o1‘Current Cost or Pricing Data
Agreement Number:CAG-17-074
wsoor Form 140-039 EF Exhibit G Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
Exhibit G-1(a)Certification of Consultant
I hereby certify that I am the and duly authorized representative of the ?rm of
BergerABAM Inc.
whose address is
33301 Ninth Avenue S.,Suite 300,Federal Way,WA 98003
and that neither the above ?rm nor 1 have:
a)Employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,
any ?rm or person (other than a bona ?de employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b)Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of
any ?rm or person in connection with carrying out this AGREEMENT;or
c)Paid,or agreed to pay,to any ?rm,organization or person (other than a bona ?de employee working solely
for me or the above CONSULTANT)any fee,contribution,donation,or consideration of any kind for,or in
connection with,procuring or carrying out this AGREEMENT;except as hereby expressly stated (if any);
I acknowledge that this certi?cate is to be furnished to the City of Renton
and the Federal Highway Administration,U.S.Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and
Federal laws,both criminal and civil.
BergerABAM Inc.
Consultant(FirmName)
Signature(AuthorizedOfficialof Consultant)Date
Agreement Number:CAG-I 7-074
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
Exhibit G-1(b)Certification of City of Renton
I hereby certify that I am the:
Certi?ed Authority (CA)
D Other
of the City of Renton
C
,and BergerABAM,Inc.
or its representative has not been required,directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a)Employ or retain,or agree to employ to retain,any ?rm or person;or
b)Pay,or agree to pay,to any ?rm,person,or organization.any fee,contribution,donation,or consideration
of any kind;except as hereby expressly stated (if any):
I acknowledge that this certi?cate is to be furnished to the City of Renton
and the Federal Highway Administration,U.S.Department of Transportation,in connection with this
AGREEMENT involving participation of Federal—aidhighway funds,and is subject to applicable State and
Federal laws,both criminal and civil.
Signature Date
Agreement Number:CAG-17-074
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
Exhibit G-2 Certification Regarding Debarment,Suspension and Other
Responsibility Matters -Primary Covered Transactions
1.The prospective primary participant certi?es to the best of its knowledge and belief,that it and its principals:
A.Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from covered transactions by any Federal department or agency;
B.Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public (Federal,State,or local)transaction or contract under
a public transaction;violation of Federal or State anti-trust statues or commission of embezzlement,
theft,forgery,bribery,falsi?cation or destruction of records,making false statements,or receiving
stolen property;
C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal,State,or local)with commission of any of the offenses enumerated in paragraph (l)(b)
of this certi?cation;and
D.Have not within a three (3)year period preceding this application /proposal had one or more public
transactions (Federal,State and local)terminated for cause or default.
11.Where the prospective primary participant is unable to certify to any of the statements in this certi?cation,
such prospective participant shall attach an explanation to this proposal.
BergerABAM Inc.
Consultant(FirmName)
Signature(AuthorizedOfficialof Consultant)Date
Agreement Number:CAG-17-074
WSDOTForm 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certi?es,by signing and submitting this bid or proposal,to the best of his or her
knowledge and belief,that:
1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any
person for in?uencing or attempting to in?uence an of?cer or employee of any Federal agency,a Member
of Congress,an of?cer or employee of Congress,or any employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,
the entering into of any cooperative AGREEMENT,and the extension,continuation,renewal,amendment,
or modi?cation of Federal contract,grant,loan or cooperative AGREEMENT.
2.if any funds other than Federal appropriated funds have been paid or will be paid to any person for
in?uencing or attempting to in?uence an of?cer or employee of any Federal agency,a Member of Congress,
an o?icer or employee of Congress,or an employee of a Member of Congress in connection with this
Federal contract,grant,loan or cooperative AGREEMENT,the undersigned shall complete and submit
Standard Form -LLL,“Disclosure Form to Report Lobbying,”in accordance with its instructions.
This certi?cation is a material representation of fact upon which reliance was placed when this transaction
was made or entered into.Submission of this certi?cation is a prerequisite for making or entering into
this transaction imposed by Section 1352,Title 31,U.S.Code.Any person who fails to ?le the required
certi?cation shall be subject to a civil penalty of not less than $l0,000.00,and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certi?cation be included in all lower tier sub-contracts,which exceed $100,000,
and that all such sub-recipients shall certify and disclose accordingly.
BergerABAM Inc.
Consultant(FirmName)
Signature(AuthorizedOfficialof Consultant)Date
Agreement Number:CAG-17-074
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that,to the best of my knowledge and belief,the cost or pricing data (as de?ned in section
2.101 of the Federal Acquisition Regulation (FAR)and required under FAR subsection 15.403-4)submitted,
either actually or by speci?c identi?cation in writing,to the Contracting Of?cer or to the Contracting Of?cer’s
representative in support of NE 31st Steet Bridge Replacement Project ’are accurate,complete,and current
as of April 1,2017 ".
This certi?cation includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing
rate AGREEMENT’s between the offer or and the Government that are part of the proposal.
Firm:BergerABAM Inc.
Vice President
Signature Title
Date of Execution***:
*Identify the proposal.quotation.request for pricing adjustment.or other submission involved.giving the appropriate identifying number (e.g.project title.)
“Insert the day.month.and year,when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day,month.and year.of signing.which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:CAG-17-074
wsoor Form 140-039 EF Exhibit G Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identi?ed in Section XII,Legal Relations
and Insurance of this Agreement is amended to $No change
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $No change
Such insurance coverage shall be evidenced by one of the following methods:
-Certi?cate of Insurance.
-Self-insurance through an irrevocable Letter of Credit from a quali?ed ?nancial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims,including claim amounts already reserved against the fund,safeguards established for payment
from the fund,a copy of the latest annual ?nancial statements,and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as speci?ed above exceed
$1 million per occurrence or the value of the contract,whichever is greater,then justi?cation shall be submitted
to the Federal Highway Administration (FHWA)for approval to increase the minimum insurance limit.
If FHWA approval is obtained,the AGENCY may,at its own cost,reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes:Cost of added insurance requirements:$N0t applicable
-Include all costs,fee increase,premiums.
-This cost shall not be billed against an FHWA funded project.
-For ?nal contracts,include this exhibit.
Agreement Number:CAG-17-074
WSDOTForm 140-089 EF Exhibit H Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. c)
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a
nature that exceeds the accepted standard of care.ln addition,it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s)is Identi?ed by Agency’s Project Manager
At the ?rst indication of potential consultant design error(s),the ?rst step in the process is for the Agency’s
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s).For federally funded projects,‘the Region Local Programs Engineer should be informed and
involved in these procedures.(Note:The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager,who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the
Director of Public Works or Agency Engineer’s concurrence,the project manager obtains more detailed
documentation than is normally required on the project.Examples include:all decisions and descriptions
of work;photographs,records of labor,materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further,the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged
error(s).The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s)issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant’s alleged design
error(s),there are three possible scenarios:
-It is determined via mutual agreement that there is not a consultant design error(s).If this is the case,
then the process will not proceed beyond this point.
-It is determined via mutual agreement that a consultant design error(s)occurred.If this is the case,
then the Director of Public Works or Agency Engineer,or their representatives,negotiate a settlement
with the consultant.The settlement would be paid to the agency or the amount would be reduced from
the consultant’s agreement with the agency for the services on the project in which the design error
took place.The agency is to provide LP,through the Region Local Programs Engineer,a summary
of the settlement for review and to make adjustments,if any,as to how the settlement affects federal
reimbursements.No further action is required.
0 There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may
request that the alleged design error(s)issue be forwarded to the Director of Public Works or Agency
Engineer for review.If the Director of Public Works or Agency Engineer,after review with their legal
counsel,is not able to reach mutual agreement with the consultant,proceed to Step 5.
Agreement Number:CAG-17-074
WSDOT Form 140-089 EF Exhibit!Page 1 of 2
Revised 10/30/2014
AGENDA ITEM #6. c)
Step 5 Forward Documents to Local Programs
For federally funded projects all available information,including costs,should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA.LP will meet
with representatives of the agency and the consultant to review the alleged design error(s),and attempt
to ?nd a resolution to the issue.If necessary,LP will request assistance from the Attorney General’s Of?ce
for legal interpretation.LP will also identify how the alleged error(s)affects eligibility of project costs
for federal reimbursement.
-If mutual agreement is reached,the agency and consultant adjust the scope of work and costs
to re?ect the agreed upon resolution.LP,in consultation with FHWA,will identify the amount
of federal participation in the agreed upon resolution of the issue.
-If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:CAG-17-074
WSDOTForm 140-089 EF Exhibit I Page 2 of 2
Revised 10/30/2014
AGENDA ITEM #6. c)
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following
procedures should only be utilized on consultant claims greater than $1,000.If the consultant’s claim(s)are a total
of $1,000 or less,it would not be cost effective to proceed through the outlined steps.It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement’s scope of work,they may be entitled to a claim.The ?rst step that must be completed
is the request for consideration of the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
°Summation of hours by classi?cation for each ?rm that is included in the claim;
-Any correspondence that directed the consultant to perform the additional work;
-Timeframe of the additional work that was outside of the project scope;
-Summary of direct labor dollars,overhead costs,pro?t and reimbursable costs associated with
the additional work;and
-Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1,the next step in the process is to forward the request to the
Agency’s project manager.The project manager will review the consultant’s claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim.If the
FHWA is participating in the project’s funding.forward a copy of the consultant’s claim and the Agency’s
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer.If the claim is not eligible for federal participation,paymentwill need to be from
agency funds.
If the Agency project manager,Director of Public Works or Agency Engineer,WSDOT Local Programs
(if applicable),and FHWA (if applicable)agree with the consultant’s claim,send a request memo,including
backup documentation to the consultant to either supplement the agreement,or create a new agreement
for the claim.After the request has been approved,the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim.Inform the consultant that the ?nal payment for
the agreement is subject to audit.No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant’s claim,proceed to step 3 of the procedures.
Agreement Number:CAG-17-O74
WSDOTForm 140-089 EF Exhibit J Page 1 of 2
Revised 10/30/2014
AGENDA ITEM #6. c)
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim,the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
Copy of information supplied by the consultant regarding the claim;
Agency’s summation of hours by classi?cation for each ?rm that should be included in the claim;
Any correspondence that directed the consultant to perform the additional work;
Agency’s summary of direct labor dollars,overhead costs,pro?t and reimbursable costs associated
with the additional work;
Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(s);
Explanation to describe what has been instituted to preclude future consultant claim(s);and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim,or portions thereof,which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures).If the project involves federal participation,obtain
concurrence from WSDOT Local Programs and FHWA regarding ?nal settlement of the claim.If the claim
is not eligible for federal participation,payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing)the consultant of their ?nal
decision regarding the consultant’s claim(s).Include the ?nal dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim.Inform the consultant that the ?nal payment for the agreement is subject to audit.
WSDOT Form 140-089 EF Exhibit J
Agreement Number:CAG-17-074
Page 2 of 2
Revised 10/30/2014
AGENDA ITEM #6. c)
AB - 1924
City Council Regular Meeting - 12 Jun 2017
SUBJECT/TITLE: Renton Avenue South Resurfacing Project Professional Services
Agreement with Gray & Osborne, Inc.
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: James Wilhoit, Project Manager
EXT.: 7319
FISCAL IMPACT SUMMARY:
The Renton Avenue South Resurfacing Project has a design budget of $280,000. The design agreement with
Gray & Osborne, Inc. is $125,283.03 and is considered to be within budget.
SUMMARY OF ACTION:
The Renton Avenue South Resurfacing Project will install a 3-inch overlay along a 0.59 mile segment of Renton
Avenue South from South 130th Street to Hardie Ave nue SW/Taylor Avenue NW. This project is expected to
extend the life of the pavement by 12-15 years. In addition to the overlay, the project includes curb ramp
retrofits and pedestrian access improvements. The project is included in the Transportation Improvement Plan
(TIP) for design completion in 2018 and construction in 2019.
The professional services agreement with Gray & Osborne, Inc., includes preliminary design and associated
studies, investigation, surveying and mapping and completed construction contract bid documents. If needed,
other work such as construction support services and construction management may be added as future
amendments at the City’s discretion.
Gray & Osborne, Inc. submitted a statement of qualifications for this project in response to a request for
qualifications issued by the City in October 2016. Based on the submitted qualifications Gray & Osborne, Inc.
was among three finalists selected for interview earlier this year by a panel of Transportation Systems Division
staff members. As the highest scorer of those interviewed by the panelists, Gray & Osborne, Inc. was invited to
submit a proposal for the design services for this project.
EXHIBITS:
A. Professional Services Agreement
B. Cost Proposal
C. Independent Estimate
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the professional services agreement with Gray & Osborne, Inc.
in the amount of $125,283.03 for design of the Renton Avenue South Resurfacing Project.SN
AGENDA ITEM #6. d)
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
Address Federal Aid Number
_
UBI Number Federal TIN or SSN Number
Execution Date Completion Date
1099 Form Required Federal Participation
D Yes No IZIYes D No
Project Title
Renton Avenue South Resurfacing
Description of Work
The project calls for design of a grind and overlay on Renton Avenue South between Taylor Avenue and South
130th Street to include curb ramp retro?ts and pedestrian access improvements.This Agreement provides
design services to completed bid documents.
No DBE Participation
|:|Yes IZINo MBE Participation
No WBE Participation
[Z]No SBE Participation
Maximum Amount Payable:$125,283.03
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certi?cation Documents
Exhibit ll Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures -Not Applicable
Exhibit J Consultant Claim Procedures
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14
Revised 4/10/201 5
AGENDA ITEM #6. d)
THIS AGREEMENT,made and entered into as shown in the “Execution Date”box on page one (1)of this
AGREEMENT,between the ,
hereinafter called the “AGENCY,”and the “Firm /Organization Name”referenced on page one (1)of this
AGREEMENT,hereinafter called the “CONSULTANT.”
WHEREAS,the AGENCY desires to accomplish the work referenced in “Description of Work”on page one (1)
of this AGREEMENT and hereafter called the “SERVICES;”and does not have suf?cient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES;and
WHEREAS,the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration,if applicable,and has signified a willingness to furnish consulting services to
the AGENCY.
NOW,THEREFORE,in consideration of the terms,conditions,covenants,and performance contained herein,
or attached and incorporated and made a part hereof,the parties hereto agree as follows:
I.General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein de?ned,and
necessary to accomplish the completed work for this project.The CONSULTANT shall furnish all services,labor,
and related equipment and,if applicable,sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II.General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A”attached
hereto and by this reference made a part of this AGREEMENT.The General Scope of Work was developed
utilizing performance based contracting methodologies.
Ill.General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individualsshall
receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or
individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress,
and presentation meetings with the AGENCY and/or such State,Federal,Community,City,or County officials,
groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT
suf?cient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days’
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”
The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
suf?cient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT,any sub-consultants,and the AGENCY shall comply with all Federal,State,and local laws,
rules,codes,regulations,and all AGENCY policies and directives,applicable to the work to be performed under
this AGREEMENT.This AGREEMENT‘shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14
Revised 4/10/2015
AGENDA ITEM #6. d)
Participation for Disadvantaged Business Enterprises (DBE)or Small Business Enterprises (SBE),if required,
per 49 CFR Part 26,shall be shown on the heading of this AGREEMENT.If DBE ?rms are utilized at the
commencement of this AGREEMENT,the amounts authorized to each ?nn and their certi?cation number will
be shown on Exhibit “B”attached hereto and by this reference made part of this AGREEMENT.If the Prime
CONSULTANT is a DBE certi?ed ?rm they must comply with the Commercial Useful Function (CUF)regulation
outlined in the AGENCY’s “DBE Program Participation Plan”and perform a minimum of 30%of the total amount
of this AGREEMENT.It is recommended,but not required,that non-DBE Prime CONSULTANTS perform
a minimum of 30%of the total amount of this AGREEMENT.
The CONSULTANT,on a monthly basis,is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic ?les,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit “C —
Preparation and Delivery of Electronic Engineering and other Data.”
All designs,drawings,speci?cations,documents,and other work products,including all electronic ?les,prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES,and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or
on behalf of the AGENCY of any such instruments of service,not occurring as a part of this SERVICE,shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i)certi?ed mail,return receipt requested,or (ii)by email or facsimile,to the address set forth below:
If to AGENCY:If to CONSULTANT:
Name:James Wilhoit,P.E.Name:Michael B.Johnson,P.E.,President
Agency:City of Renton Agency:Gray &Osborne,Inc.
Address:1055 South Grady Way Address:701 Dexter Avenue North,Suite 200
City:Renton State:WA Zip:98057 City:Seattle State:WA Zip;98109
Email:jwilhoit@rentonwa.gov Email:mjohnson@g-o.com
Phone;(425)430-6615 Phone:(206)284-0860
Facsimile:Facsimile:(206)283-3206
IV.Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY.All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents.These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled “Completion Date.”
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of
unavoidable delays caused by an act of GOD,governmental actions,or other conditions beyond the control of the
CONSULTANT.A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14
Revised 4/10/20‘!5
AGENDA ITEM #6. d)
V.Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter.Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete SERVICES.
The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.cc fr.gov).
A.Hourly Rates:Hourly rates are comprised of the following elements -Direct (Raw)Labor,Indirect Cost Rate,
and Fixed Fee (Pro?t).The CONSULTANT shall be paid by the AGENCY for work done,based upon the
negotiated hourly rates shown in Exhibits “D”and “E”attached hereto and by reference made part of this
AGREEMENT.These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s
direct labor rates and indirect cost rate computations and agreed upon ?xed fee.The accepted negotiated
rates shall be memorialized in a ?nal written acknowledgement between the parties.Such ?nal written
acknowledgement shall be incorporated into,and become a part of,this AGREEMENT.The initially accepted
negotiated rates shall be applicable from the approval date,as memorialized in a ?nal written acknowledgement,
to 180 days following the CON SULTAN'l"s ?scal year end (FYE)date.
The direct (raw)labor rates and classi?cations,as shown on Exhibits “D"and “E”shall be subject to
renegotiations for each subsequent twelve (12)month period (I 80 days following F YE date to 180 days
following FYE date)upon written request of the CONSULTANT or the AGENCY.The written request must
be made to the other party within ninety (90)days following the CONSULTANT’s F YE date.If no such written
request is made,the current direct (raw)labor rates and classi?cations as shown on Exhibits “D”and “E”,
will remain in effect for the twelve (12)month period.
Conversely,if a timely request is made in the manner set forth above,the parties will commence negotiations
to determine the new direct (raw)labor rates and classi?cations that will be applicable for the twelve (12)
month period.Any agreed to renegotiated rates shall be memorialized in a ?nal written acknowledgement
between the parties.Such ?nal written acknowledgement shall be incorporated into,and become a part of,this
AGREEMENT.If requested,the CONSULTANT shall provide current payroll register and classi?cations to aid
in negotiations.If the parties cannot reach an agreement on the direct (raw)labor rates and classi?cations,the
AGENCY shall perform an audit of the CONSULTANT’s books and records to detemiine the CON SULTANT’s
actual costs.The audit ?ndings will establish the direct (raw)labor rates and classi?cations that will be
applicable for the twelve (12)month period.
The ?xed fee as identi?ed in Exhibits “D”and “E”shall represent a value to be applied throughout the life
of the AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the
close of its ?scal year.An approved updated indirect cost rate shall be included in the current ?scal year rates
under this AGREEMENT,even if/when other components of the hourly rate are not renegotiated.These rates
will be applicable for the twelve (12)month period.At the AGENCY’s option,a provisional and/or conditional
indirect cost rate may be negotiated.This provisional or conditional indirect rate shall remain in e?°ect until the
updated indirect cost rate is completed and approved.Indirect cost rate costs incurred during the provisional
or conditional period will not be adjusted.The CONSULTANT may request an extension of the last approved
indirect cost rate for the twelve (12)month period.These requests for provisional indirect cost rate and/or
extension will be considered on a case-by-case basis,and if granted,will be memorialized in a ?nal written
acknowledgement.
The CONSULTANT shall maintain and have accessible support data for veri?cation of the components of the
hourly rates,i.e.,direct (raw)labor,indirect cost rate,and ?xed fee (pro?t)percentage.The CONSULTANT
shall bill each employee’s actual classi?cation,and actual salary plus indirect cost rate plus ?xed fee.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14
Revised 4/10/2015
AGENDA ITEM #6. d)
B.Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT.
These charges may include,but are not limited to,the following items:travel,printing,long distance telephone,
supplies,computer charges and fees of sub-consultants.Air or train travel will be reimbursed only to lowest
price available,unless otherwise approved by the AGENCY.The CONSULTANT shall comply with the
rules and regulations regarding travel costs (excluding air,train,and rental car costs)in accordance with the
WSDOT’s Accounting Manual M 13-82,Chapter l0 ~Travel Rules and Procedures,and all revisions thereto.
Air,train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR)
Part 31.205-46 “Travel Costs.”The billing for Direct Non—salaryCosts shall include an itemized listing of the
charges directly identi?able with these SERVICES.The CONSULTANT shall maintain the original supporting
documents in their of?ce.Copies of the original supporting documents shall be supplied to the STATE upon
request.All above charges must be necessary for the SERVICES provided under this AGREEMENT.
C.MaximumAmount Payable:The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.)
The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,“Extra
Work.”No minimum amount payable is guaranteed under this AGREEMENT.
D.Monthly Progress Payments:Progress payments may be claimed on a monthly basis for all costs authorized in
A and B above.The monthly billings shall be supported by detailed statements for hours expended at the rates
established in Exhibit “D,”including names and classi?cations of all employees,and billings for all direct non-
salary expenses.To provide a means of verifying the billed salary costs for the CONSULTANT’s employees,
the AGENCY may conduct employee interviews.These interviews may consist of recording the names,titles,
salary rates,and present duties of those employees performing work on the SERVICES at the time of the
interview.
E.Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its veri?cation by the AGENCY after the completion of the SERVICES under this
AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,electronic data,and other
related documents which are required to be furnished under this AGREEMENT.Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT
may have against the AGENCY unless such claims are speci?cally reserved in writing and transmitted to the
AGENCY by the CONSULTANT prior to its acceptance.Said Final Payment shall not,however,be a bar to
any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may
pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of ?nal audit all required adjustments will be made and re?eeted in a ?nal payment.In the event that such
?nal audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment
to the AGENCY within thirty (30)calendar days of notice of the overpayment.Such refund shall not
constitute a waiver by the CONSULTANT for any claims relating to the validity of a ?nding by the AGENCY
of overpayment.Per WSDOT’s “Audit Guide for Consultants,”Chapter 23 “Resolution Procedures,”the
CONSULTANT has twenty (20)working days after receipt of the ?nal Post Audit to begin the appeal process to
the AGENCY for audit ?ndings.
F.Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States,for a period of six (6)years after receipt of ?nal
payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception:if any litigation,claim or audit arising out of,in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6)year period,the cost records and
accounts shall be retained until such litigation,claim,or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT.The audit,if any,will be performed by the
State Auditor,WSDOT’s Internal Audit O?ice and /or at the request of the AGENCY’s Project Manager.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14
Revised 4/1 0/201 5
AGENDA ITEM #6. d)
VI.Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A”attached hereto and by
this reference made part ofthis AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY.No permission for subcontracting shall create,between the AGENCY
and sub-consultant,any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E”attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identi?ed in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor,indirect cost rate,direct non—salarycosts and ?xed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V “Payment Provisions”herein and shall be
memorialized in a ?nal written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT,and the CONSULTANT shall require
each sub-consultant or subcontractor,of any tier,to abide by the terms and conditions of this AGREEMENT.With
respect to sub-consultantpayment,the CONSULTANT shall comply with all applicable sections of the STATE’s
Prompt Payment laws as set forth in RCW 39,04,250 and RCW 39.76.01].
The CONSULTANT,sub-recipient,or sub-consultant shall not discriminate on the basis of race,color,national
origin,or sex in the performance of this AGREEMENT.The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII.Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona
?de employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or
agreed to pay any company or person,other than a bona ?de employee working solely for the CONSULTANT,any
fee,commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the
award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to armul
this AGREEMENT without liability or,in its discretion,to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the
CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen’s
Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other
persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of this
AGREEMENT,any professional or technical personnel who are,or have been,at any time during the period of this
AGREEMENT,in the employ of the United States Department of Transportation or the AGENCY,except regularly
retired employees,without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14
Revised 4/1 0/2015
AGENDA ITEM #6. d)
VIII.Nondiscrimination
During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,sub-consultants,
subcontractorsand successors in interest,agrees to comply with the following laws and regulations:
-Title VI of the Civil Rights Act of 1964 -Civil Rights Restoration Act of 1987
(42 U.S.C.Chapter 21 Subchapter V §2000d (Public Law 100-259)
through 2000d-4a)-American with Disabilities Act of 1990
-Federal-aid Highway Act of 1973 (42 U.S.C.Chapter 126 §12101 et.seq.)
(23 U.S.C.Chapter 3 §324).23 CFR part 200
-Rehabilitation Act of 1973 .49 CFR part 21
(29 U.S.C.Chapter 16 Subchapter V §794)
0 Age Discrimination Act of 1975
(42 U.S.C.Chapter 76 §6101 et.seq.)
In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit “F ”
attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit “F”in
every sub-contract,including procurement of materials and leases of equipment,unless exempt by the Regulations
or directives issued pursuant thereto.
-49 CFR Part 26
-RCW 49.60.180
IX.Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10)days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY,other than for default on the part of the
CONSULTANT,a ?nal payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10)days following receipt by the
CONSULTANT of the notice to terminate.If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2)of this
section,then no ?nal payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event ofa termination for default,the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to
date of termination,whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination,the cost to the AGENCY of employing another ?rm to complete the SERVICES required and the
time which may be required to do so,and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination.Under no circumstances shall payment made under this subsection exceed the
amount,which would have been made using the formula set forth in paragraph two (2)of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to
perform is without the CONSULTANT’s or its employee’s fault or negligence,the termination shall be deemed to
be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed
for actual costs in accordance with the termination for other than default clauses listed previously.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14
Revised 4/1 0/2015
AGENDA ITEM #6. d)
The CONSULTANT shall,within 15 days,notify the AGENCY in writing,in the event of the death of any member,
partner,or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or
other key personnel assigned to the project or disaf?liation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY,in writing,in the event of the sale or transfer of 50%or
more of the bene?cial ownership of the CONSULTANT within 15 days of such sale or transfer occurring.The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any terrn(s)
of this AGREEMENT.If termination for convenience occurs,?nal payment will be made to the CONSULTANT as
set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT,or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X.Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein,without additional compensation thereof.Should the AGENCY
?nd it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be
considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”
XI.Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be ?nal and
binding on the parties of this AGREEMENT;provided however,that if an action is brought challenging the
Director of Public Works or AGENCY Engineer’s decision,that decision shall be subject to judicial review.If the
parties to this AGREEMENT mutually agree,disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit “J”.In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior
Court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington.The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
XII.Legal Relations
The CONSULTANT,any sub-consultants,and the AGENCY shall comply with all Federal,State,and local laws,
rules,codes,regulations and all AGENCY policies and directives,applicable to the work to be performed under this
AGREEMENT.This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend,indemnify,and hold the State of Washington (STATE)and the AGENCY and
their officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part
from the negligence of,or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the
CONSULTANT’s agents,employees,sub consultants,subcontractors or vendors,of any tier,or any other persons
for whom the CONSULTANT may be legally liable;provided that nothing herein shall require a CONSULTANT
Agreement Number:
Local Agency .485 Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14
Revised 4/10/2015
AGENDA ITEM #6. d)
to defend or indemnify the STATE and the AGENCY and their o?icers and employees against and hold harmless
the STATE and the AGENCY and their of?cers and employees from claims,demands or suits based solely upon
the negligence of,or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their
agents,of?cers,employees,sub-consultants,subcontractors or vendors,of any tier,or any other persons for whom
the STATE and /or the AGENCY may be legally liable;and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a)the CONSULTANT or the CONSULTANT’sagents,employees,
sub-consultants,subcontractorsor vendors,of any tier,or any other persons for whom the CONSULTANT is legally
liable,and (b)the STATE and/or AGENCY,their agents,of?cers,employees,sub-consultants,subcontractors and or
vendors,of any tier,or any other persons for whom the STATE and/or AGENCY may be legally liable,the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or
the negligence of the CONSULTANT’s agents,employees,sub-consultants,subcontractorsor vendors,of any tier,
or any other persons for whom the CONSULTANT may be legally liable.This provision shall be included in any
AGREEMENT between CONSULTANT and any sub-consultant,subcontractor and vendor,of any tier.
The CONSULTANT shall also defend,indemnify,and hold the STATE and the AGENCY and their of?cers
and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,
proprietary information,know-how,copyright rights or inventions by the CONSULTANT or the CONSULTANT’s
agents,employees,sub-consultants,subcontractors or vendors,of any tier,or any other persons for whom the
CONSULTANT may be legally liable,in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods,processes,designs,information or other items furnished or
communicated to STATE and/or the AGENCY,their agents,of?cers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriationor use of trade secrets,patents,proprietary information,know-how,copyright rights or
inventions resulting from STATE and/or AGENCY’s,their agents’,of?cers’and employees’failure to comply
with speci?c written instructions regarding use provided to STATE and/or AGENCY,their agents,of?cers and
employees by the CONSULTANT,its agents,employees,sub-consultants,subcontractors or vendors,of any tier,
or any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may,in its sole
discretion,by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW;or
any similar statute involving the CONSULTANT in the procurement of,or performance under,this AGREEMENT.
The CONSULTANT speci?cally assumes potential liability for actions brought by the CONSULTANT’s own
employees or its agents against the STATE and/or the AGENCY and,solely for the purpose of this indemni?cation
and defense,the CONSULTANT speci?cally waives any immunity under the state industrial insurance law,Title 51
RCW.This waiver has been mutually negotiated by the Parties.
Unless otherwise speci?ed in this AGREEMENT,the AGENCY shall be responsible for administration of
construction contracts,if any,on the project.Subject to the processing of a new sole source,or an acceptable
supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract
administration.By providing such assistance,the CONSULTANT shall assume no responsibility for:proper
construction techniques,job site safety,or any construction contractor’s failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT,or as otherwise
required,the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultanmgreement Page 9 of 14
Revised 4/10/2015
AGENDA ITEM #6. d)
Insuranee Coverage
A.Worker’s compensation and employer’s liability insurance as required by the STATE.
B.Commercial general liability insurance written under ISO Form CG 00 Ol 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00)in the
aggregate for each policy period.
C.Business auto liability insurance written under ISO Form CG O0 O1 l0 Ol or equivalent providing coverage for
any “Auto”(Symbol 1)used in an amount not less than a one million dollar ($1,000,000.00)combined single
limit for each occurrence.
Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance,the STATE and
AGENCY,their o?icers,employees,and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the “AIs”),with no restrictions or limitations concerning
products and completed operations coverage.This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIS shall be excess over,and shall not contribute with,the additional insured
coverage required hereunder.The CONSULTANT’s and the sub-eonsultant’s and/or subeontractor’s insurer shall
waive any and all rights of subrogation against the AIS.The CONSULTANT shall fumish the AGENCY with
veri?cation of insurance and endorsements required by this AGREEMENT.The AGENCY reserves the right to
require complete,certi?ed copies of all required insurance policies at any time.
All insurance shall be obtained from an insurancecompany authorized to do business in the State of Washington.
The CONSULTANT‘shall submit a veri?cation of insurance as outlined above within fourteen (14)days of the
execution of this AGREEMENT to:
Name:James Wilhoit,P.E.
Agency:City of Renton
Address;lO55 South Grady Way
City:Renton State:WA Zip:98057
Email:jwilhoit@rentonwa.gov
Phone:(425)430-6615
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30)days prior notice to the AGENCY.
The CONSULTANT’s professional liability to the AGENCY,including that which may arise in reference to
section IX “Termination of Agreement”of this AGREEMENT,shall be limited to the accumulative amount of the
authorized AGREEMENT or one million dollars ($1 ,000,000.00),whichever is greater,unless the limit of liability
is increased by the AGENCY pursuant to Exhibit H.In no case shall the CONSULTANT’s professional liability to
third parties be limited in any way.
The parties enter into this AGREEMENT for the sole bene?t of the parties,and to the exclusion of any third party,
and no third party bene?ciary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V “Payment Provisions”until the CONSULTANT has
fully complied with this section.This remedy is not exclusive;and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT,or otherwise in law.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14
Revised 4/1 0/2015
AGENDA ITEM #6. d)
XIII.Extra Work
A.The AGENCY may at any time,by written order,make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance
of any part of the SERVICES under this AGREEMENT,whether or not changed by the order,or otherwise
affects any other terms and conditions of this AGREEMENT,the AGENCY shall make an equitable adjustment
in the:(I)maximum amount payable;(2)delivery or completion schedule,or both;and (3)other affected terms
and shall modify this AGREEMENT accordingly.
C.The CONSULTANT must submit any “request for equitable adjustment,”hereafter referred to as “CLAIM,”
under this clause within thirty (30)days from the date of receipt of the written order.However,if the AGENCY
decides that the factsjustify it,the AGENCY may receive and act upon a CLAIM submitted before ?nal
payment of this AGREEMENT.
D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes”clause.However,nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E.Notwithstanding the terms and conditions of paragraphs (A.)and (B.)above,the maximum amount payable for
this AGREEMENT,shall not be increased or considered to be increased except by speci?c written supplement
to this AGREEMENT.
XIV.Endorsement of Plans
If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering
data fumished by them.
XV.Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI.Certification of the Consultant and the Agency
Attached hereto as Exhibit “G-1(a and b)”are the Certi?cations of the CONSULTANT and the AGENCY,Exhibit
“G-2”Certi?cation Regarding Debarment,Suspension and Other Responsibility Matters -Primary Covered
Transactions,Exhibit “G-3”Certi?cation Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit “G-4”Certi?cate of Current Cost or Pricing Data.Exhibit “G-3”is required only in AGREEMENT’s
over one hundred thousand dollars ($100,000.00)and Exhibit “G-4”is required only in AGREEMENTS over
?ve hundred thousand dollars ($500,000.00)These Exhibits must be executed by the CONSULTANT,and
submitted with the master AGREEMENT,and returned to the AGENCY at the address listed in section [II “General
Requirements”prior to its performance of any SERVICES under this AGREEMENT.
XVII.Complete Agreement
This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the
parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or
be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or
modi?cationsof the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14
Revised 4/10/2015
AGENDA ITEM #6. d)
XVIII.Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed
to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,
representations,warranties,covenants,and AG REEMENT’s contained in the proposal,and the supporting material
submitted by the CONSULTANT,and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX.Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMEN'I'or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local,state
or federal statutes (“State’s Con?dential Information”).The “State’s Con?dential Information”includes,but is
not limited to,names,addresses,Social Security numbers,c—mailaddresses,telephone numbers,?nancial pro?les,
credit card information,driver’s license numbers,medical data,law enforcement records (or any other information
identi?able to an individual),STATE and AGENCY source code or object code,STATE and AGENCY security
data,non-public Speci?cations,STATE and AGENCY non-publicly available data,proprietary software,STATE
and AGENCY security data,or information which may jeopardize any part of the project that relates to any of
these types of information.The CONSULTANT agrees to hold the State’s Con?dential Information in strictest
con?dence and not to make use of the State’s Con?dential Information for any purpose other than the performance
of this AGREEMENT,to release it only to authorized employees,sub-consultantsor subcontractors requiring such
information for the purposes of carrying out this AGREEMENT,and not to release,divulge,publish,transfer,
sell,disclose,or otherwise make it known to any other party without the AGENCY’s express written consent
or as provided by law.The CONSULTANT agrees to release such information or material only to employees,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have
been previously approved by the AGENCY.The CONSULTANT agrees to implement physical,electronic,and
managerial safeguards to prevent unauthorized access to the State’s Con?dential Information.
Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall,at the AGENCY’s
option:(i)certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Con?dential
Information;or (ii)returned all of the State’s Con?dential Information to the AGENCY;or (iii)take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State’s Con?dential Information.
As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following:
the State’s Con?dential Information received in the performance of this AGREEMENT;the purpose(s)for which
the State’s Con?dential Infonnation was received;who received,maintained and used the State’s Con?dential
Information;and the ?nal disposition of the State’s Con?dential Information.The CONSULTANT’s records shall
be subject to inspection,review,or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor,audit,or investigate the use of the State’s Con?dential Information
collected,used,or acquired by the CONSULTANT through this AGREEMENT.The monitoring,auditing,or
investigating may include,but is not limited to,salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State’s Con?dential Information,monetary damages,or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or con?dential during the term of this AGREEMENT.The parties agree to maintain the
con?dentiality of such information during the term of this AGREEMENT and afterwards.All materials containing
such proprietary and/or con?dential information shall be clearly identi?ed and marked as “Con?dential”and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14
Revised 4/10/2015
AGENDA ITEM #6. d)
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers con?dential
and/or proprietary in nature:(a)at the commencement of the term of this AGREEMENT;or (b)as soon as such
con?dential or proprietary material is developed.“Proprietary and/or con?dential information”is not meant to
include any information which,at the time of its disclosure:(i)is already known to the other party;(ii)is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii)is independently developed by or for the other party;(iv)is publicly known;or (v)is generally utilized by
unaf?liated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws.As such,the AGENCY shall maintain the con?dentiality of all such information marked proprietary and/
or con?dential or otherwise exempt,unless such disclosure is required under applicable state or federal law.If a
public disclosure request is made to view materials identi?ed as “Proprietary and/or con?dential information”or
otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure.If the CONSULTANT fails to obtain the court order enjoining disclosure,the
AGENCY will release the requested information on the date speci?ed.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communicationregarding disclosure that
may include a sub—consultant’sproprietary and/or confidential information.The CONSULTANT noti?cation to the
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information.If the CONSULTANT and/or sub-consultantfail to obtain
a court order or otherjudicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities,or costs associatedwith the AGENCY’s said disclosure of sub-consultants’information.
XX.Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)years
from the date of ?nal payment to the CONSULTANT,the CONSULTANT shall keep,retain and maintain all
“documents”pertainingto the SERVICES provided pursuant to this AGREEMENT.Copies of all “documents”
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place
of business during normal working hours.If any litigation,claim or audit is commenced,the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents.“Documents”shall be retained until
all litigation,claims or audit ?ndings have been resolved even though such litigation,claim or audit continues past
the six (6)year retention period.
For purposes of this AGREEMENT,“documents”means every writing or record of every type and description,
including electronically stored information(“ESI”),that is in the possession,control,or custody of the
CONSULTANT,including,without limitation,any and all correspondences,contracts,AGREEMENTS,appraisals,
plans,designs,data,surveys,maps,spreadsheets,memoranda,stenographic or handwritten notes,reports,records,
telegrams,schedules,diaries,notebooks,logbooks,invoices,accounting records,work sheets,charts,notes,drafts,
Scribblings,recordings,visual displays,photographs,minutes of meetings,tabulations,computations,summaries,
inventories,and writings regarding conferences,conversations or telephone conversations,and any and all other
taped,recorded,written,printed or typed matters of any kind or description;every copy of the foregoing whether
or not the original is in the possession,custody,or control of the CONSULTANT,and every copy of any of the
foregoing,whether or not such copy is a copy identical to an original,or whether or not such copy contains any
commentary or notation whatsoever that does not appear on the original.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14
Revised 4/10/2015
AGENDA ITEM #6. d)
For purposes of this AGREEMENT,“ESI”means any and all computer data or electronic recorded media of any
kind,including “Native Files”,that are stored in any medium from which it can be retrieved and examined,either
directly or after translation into a reasonably useable form.ESI may include information and/or documentation
stored in various software programs such as:Email,Outlook,Word,Excel,Access,Publisher,PowerPoint,Adobe
Acrobat,SQLdatabases,or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations.ESI may be located on network servers,backup
tapes,smart phones,thumb drives,CDs,DVDs,floppy disks,work computers,cell phones,laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder,including any
personal devices used by the CONSULTANT or any sub-consultantat home.
“Native ?les”are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created,viewed,and /or modi?ed.
The CONSULTANT shall include this section XX “Records Maintenance”in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms,unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the
“Execution Date”box on page one (1)of this AGREEMENT.
Signature Date
Signature Date
Any modi?cation,change,or reformationofthis AGREEMENT shall require approval as to formby the O?ice
ofthe Attorney General.
Agreement Number:
Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14
Revised 4/10/2015
AGENDA ITEM #6. d)
EXHIBIT A
SCOPE OF WORK
CITY OF RENTON
RENTON AVENUE SOUTH RESURFACING
PROJECT UNDERSTANDING
The City of Renton Transportation Systems Division (Agency)desires to retain
professional engineering services to prepare bid ready plans,specifications and cost
estimates (PS&E)for this project,in conformance with LAG Manual requirements.The
project includes a 2—inch—deepgrind and overlay of HMA Cl.1/2"along 3,000 LF of
Renton Avenue South from west right-of-way line of Taylor Avenue NW to South 130“‘
Street.The project includes replacement of existing base and/or subgrade in isolated
areas,curb ramp reconstruction,pedestrian investigation accessibility design and
analysis,maximum extents feasible analysis and documentation,adjustment of castings
to grade,traffic control,restriping and pavement markings.This work may include
relocation of utilities.
SCOPE OF WORK
l.Project Management for the full design phase
2.Surveying and Mapping
3.Geotechnical
4.Pedestrian Investigation Accessibility Design and Analysis
5.Public Outreach
6.Environmental Documentation
7.Concept Plans
8.Preliminary PS&E
9.Final PS&E
10.QA/QC
Assumptions:
0 Time is a material consideration in the performance of all work by the
CONSULTANT under this AGREEMENT.The CONSULTANT shall
complete its work and services within its control to meet the agreed upon
schedule.The CONSULTANT shall provide the AGENCY monthly
updates to the project schedule that identify tasks and deliverables that
require time extensions due to reasonable and/or unforeseen
circumstances.The AGENCY shall not unreasonably withhold written
acceptance of the time extension.
Page 1 of 12
AGENDA ITEM #6. d)
Right of Way and construction easement acquisition is not included in the
Scope of Work.If required,it will be added via supplemental agreement.
A Management Reserve Fund of $l0,000.00 is included for items not
included in the Scope of Work.The Management Reserve Fund will not
be used without written authorization by the AGENCY.
All deliverable formats indicated below shall be in software versions as
listed under Exhibit C of the Agreement.
The curb ramps at Taylor Avenue NW will not be reconstructed as part of
this project.They may remain as they are.
The Scope of Work does not include environmental services.
The scope of work does not include construction management or support.
The AGENCY may retain the services of the CONSULTANT to supply
construction support and construction management,under a supplemental
agreement.
The AGENCY staff will come to the CONSULTANT’S office for
meetings needed to make design decisions.
No predesign report is included in the Scope of Work.
Design Team.
The key members of the Gray &Osborne design team for this phase of the
project will include the following:
Tamara Nack,P.E.~QA/QC
Tani Stafford,P.E.—Principal In Charge,Project Manager
David Roman-Sanchez,P.E.—Project Engineer
Darla Foley —Technician/Reprographics
Brian Bollen,P.E.—Design Engineer
Rory Cameron,P.E.—Transportation Engineer
Rick Bond,PLS —Professional Licensed Surveyor
Jason Dell —Survey Crew Chief
Phil Marshall —CAD Technician
Brian Schulkin —Surveyor
Zack Liebowitz —Surveyor
Russell Horita —CAD Technician
Page 2 of 12
AGENDA ITEM #6. d)
If for any reason there needs to be a change in the Gray &Osborne Design
Team,Gray &Osborne will obtain written permission from the AGENCY
before making the change.Gray &Osborne will present the AGENCY
with resumes for potential replacements of key team members to facilitate
the AGENCY’S decision on any changes to the key members of the Gray
&Osborne’s design team.
Task 1 -Project Management
Objective:Provide overall project management and oversight of the project by the
Principal-in-Charge.
A.Provide overall pro jeet management and oversight services,to include:
Procure sufficient internal staff resources to dedicate to the project.
Prepare a project schedule in .xls format
Prepare and execute subconsultant contracts.
Manage subconsultant work.
Manage project budget and schedule.
Provide monthly progress report spreadsheets and invoices.
B.Hold project coordination meetings between the AGENCY and the
CONSULTANT.
Deliverables:(Notice to Proceed (NTP)and On-going to I Year following NTP)
0 Invoices/reports.
0 Coordination meeting minutes.
Assumptions:
0 A total of six meetings will be held between the AGENCY and the
CONSULTANT during the project at the CONSULTANT’s office.
Page 3 of 12
AGENDA ITEM #6. d)
Task 2 —Survey and Mapping
Objective:De?ne the limits of the existing rights-of-way in the project corridor.
Obtain vertical and horizontal control necessary for design of the project,
obtain pertinent topographical information to include identifying existing
and obvious utilities,and pertinent topographical features to facilitate
design of the project.Coordinate with utilities for map requests,provide
utility locates.
Subtask 2.1 —Right-of-Way Research
A.Acquire and utilize readily available records of survey,plat maps,assessor
maps,etc.,from the County Courthouse (Auditor’s Office)along the
project corridors as required for establishing the existing rights—of-way
along the project alignment.
Prepare Department of Natural Resources (DNR)monument preservation
forms and file with DNR.
Subtask 2.2 —Utility Mapping
A.Provide written requests for all utility companies known to provide utility
service in the project area.
Review data provided by utility companies and incorporate into project
design as may be applicable.
Applied Professional Services will be subcontracted to locate and mark
existing utilities prior to project survey in locations for curb ramps.This
information will be picked up by our survey crew and incorporated into
the project base map.
Subtask 2.3 —Topographic Survey
A.Establish vertical and horizontal control on the City’s adopted datum for
survey and mapping at a scale of not more than 1 inch =20 feet
(horizontal)and 1 inch =5 feet (vertical).Vertical control will be suitable
for establishing 2-foot contour intervals and to support the design and
construction included in this scope of work.
Acquire limited topographical survey of the site.This includes:
0 Physical survey of curb ?ow line (overlay limits)along both sides
of Renton Avenue South from 300 feet north of South l30"‘Street
to the stop bar at Taylor Avenue NW,and down intersecting streets
Page 4 of 12
AGENDA ITEM #6. d)
between these limits,to con?rm that the planing/overlay limits are
within the existing ROW.
0 Physical survey of the intersectionsof Renton Avenue South with
South 130"‘Street,South 132"“Street and SW Victoria Street,and
100 LF on each leg,to establish existing ground surface,pavement
centerline,pavement edges,visually obvious utilities (including
utility poles,overhead lines,hydrants,catch basins w/measure
downs,valves,etc.),utility paint locates,buildings,fences,major
trees and signi?cant landscaping,curb,gutter,sidewalks,signs,
driveway entrances,curb ramps,bus pads,traf?c islands,loops
etc.,in suf?cient detail to support an adequate level of design for
curb ramp retro?ts.Physical survey of channelization extending
100 feet up the intersection streets and 300 feet each direction
along Renton Avenue South in order to replace the intersection
channelization.
Dclivcrablcsz (NTP—1 Month Post NTP)
Assumptions:
Electronic base map in ACAD format and PDF.Base map will include a
strip map showing existing topo features,right—of-way,contour lines at 2-
foot contour intervals,channelization,paint locates,catch basin rim
elevation and measure downs,and a legend.
Monument forms.
No record of survey is required.
No right of way plan is required.If a right-of-way plan is required it will
be added by supplemental agreement.
The CONSULTANT will arrange for APS to do the paint locates prior to
the topo survey.
The CONSULTANT will coordinate with utilities for potholing at curb
ramp retro?ts if needed.Assumes potholing work will be performed by
utilities companies.
Task 3 —Geotechnical Investigation —to be performed by PanGeo
Objective:Perform geotechnical investigation and review AGENCY geotechnical
information to provide recommendations for overlay and
pavement/subgrade repair.
PanGEO to conduct a site reconnaissance along the project alignment to
observe surface conditions,mark test boring locations for utility locates,
Page 5 of 12
AGENDA ITEM #6. d)
E.
F.
PanGEO to excavate six shallow test borings (about 5 feet deep)through
the existing pavement to determine the existing pavement thickness and its
subgrade conditions.
Perform laboratory tests for moisture content and grain size distribution.
Prepare a draft report with summary of subsurface conditions,test boring
logs,lab test results,pavement overlay recommendations,areas where
subgrade repair is needed.
Attend one meeting at the CONSULTANT office to discuss the findings.
Prepare a final report incorporating AGENCY comments.
Deliverables:(NTP to 2 Months Post NTP)
Assumptions:
Exploration plan.
Street Use Permit application.
Draft Geotechnical Report with soil logs and grain size analysis.
Final Geotechnical Report.
PanGEO will prepare traffic control plans and a exploration plan showing
the approximate locations of the test borings.
Apply for a street use pennit from the City of Renton to conduct the
boring work.
Contact l—callfor utility locates prior to the work
All test borings to be back?lled with bentonite.Where test borings are
drilled through pavement,the will be back?lled with concrete in the
uppermost 8 to 12 inches.
Excess soil cuttings from the test borings will be removed from the site.
Task 4 —Pedestrian Accessibility Design and Analysis
Objective:
A.
Determine whether or not a marked crosswalk,high-intensity activated
crosswalk (HAWK)or rapid rectangular ?ashing beacon (RRFB)is
justified at South 130"‘Street and South 132"“Street crossings of Renton
Avenue South,based on City policies.
TC2 to perform video pedestrian crossing counts at two bus stop crossing
locations of Renton Avenue South at South 132"“Street for up to 12 hours
each location.
Page 6 of 12
AGENDA ITEM #6. d)
G.
CONSULTANT to request accident data from WSDOT for Renton
Avenue S.
CONSULTANT to confirm walking distances to nearby schools.
Con?rm with the AGENCY the roadway classi?cation,traffic volume and
percent trucks for pavement design,posted speed,design speed,lane
widths,sidewalk widths,clear zone and illumination light
levels/uniformity requirements.
CONSULTANT to analyze traf?c count,pedestrian count and accident
data to determine if the Renton Avenue South crossings at S 130"‘Street
and South 132"“Street meet the basic warrant outlined in the City of
Renton Crosswalk Policy,and if so whether they meet the City of Renton
evaluation criteria for RRFB or HAWK signals.
CONSULTANT to prepare maximum extent feasible (MEF)
documentation for each curb ramp/bus pedestrian landing within the
project limits that cannot be retro?t to meet ADA compliance.
Prepare a report summarizing the ?ndings
Deliverables (2 Months Post NTP to 5 Months Post NTP):
Assumptions:
Dra?Pedestrian Accessibility Design and Analysis Report
Final Pedestrian Accessibility Design and Analysis Report.
MEFs for curb ramps/bus stops.
Con?rmation of 0.8 foot-candle level of illumination is not included.It
may be added via supplemental agreement.
Borings and utility locations/potholing for foundation design for
pedestrian access crossing beacons are not included.They may be added
via supplemental agreement.
AGENCY to coordinate with METRO Transit to con?rm ridership on the
bus route serving Renton Avenue South in the project limits.
AGENCY to provide ADT,axle counts,speed on Renton Avenue South to
provide pedestrian crossings of Renton Avenue South at South 130*‘
Street.
Page 7 of 12
AGENDA ITEM #6. d)
Task 5 —Public Outreach
Objective:
A.
To inform the public,in particular the transit users,of the proposed
improvements,at the preliminary design level.
Provide graphics for the AGENCY’s use on their website to include an
aerial plan view of the project limits with graphics depicting proposed
curb ramp retro?ts and ADA ramp connection between 84"‘and Renton
Avenue South.Provide summary description of proposed project for the
website.
Coordinate with King County Metro Transit to provide public outreach to
provide graphics or verbiage for their alerts/updates to transit users on
Route 106.
Deliverables:[On-Going to 6 Months Post NTP)
Assumptions:
PDF of graphics showing project limits and proposed pedestrian
accessibility improvements.
Preparation of mailers.
No public open houses or meetings are required.
Task 6 -Environmental Documentation
Objective:
A.
Provide information to the AGENCY’s Environmental Consultant for the
completion of the NEPA documentation
The CONSULTANT will prepare verbiage and exhibits needed to
describe the proposed project improvements and quantities for use on the
WSDOT CatEx form,as well as for the SEPA checklist.
Deliverables:(1 Month Post NTP to 3 Months Post NTP)
Assumptions:
Graphics,quantity estimates and project description verbiage for the
support of the SEPA Checklist and NEPA CatEx form (delivered to the
Environmental Consultant within four weeks of their request).
A categorical exclusion determination is anticipated for the NEPA
determination.
Page 8 of 12
AGENDA ITEM #6. d)
A determination of non—signi?canceis anticipated for the SEPA
determination.
The Environmental Consultant shall notify the CONSULTANT of what
information is needed for the Environmental Consultant to complete the
SEPA checklist and the WSDOT CatEx form.
The AGENCY will be responsible for obtaining all environmental
documentation and permits as required.
No stormwater analysis technical information report is required for the
project.
Task 7 —Concept Plans
Objective:
B.
Con?rm Design Standards.Prepare a concept strip map and cost estimate
for the project.Meet with AGENCY staff to review the concept.
Prepare a stripmap of the project at l"=20'scale.The strip map will show
the existing surface data (base map)and right of way from the survey
work,utility mapping,the proposed curb ramp retro?t locations.
Prepare a concept cost estimate based on the concept design
Deliverables:(1 Month Post NTP to 2 Months Post NTP)
Strip map and cost estimate in both pdf and ACAD ?le format.
Draft Design approval documentation.
Draft no right-of-way veri?cation documentation.
Task 8 —Preliminary PS&E
Obj ective:Prepare 60 percent design plans,speci?cations and cost estimates for
AGENCY review.
The Contract Provisions will conform to the LAG Manual requirements
and will incorporate the 2016 WSDOT Standard Speci?cations and City
of Renton Standards.
The plans will include planing limits,overlay limits,subgrade repair areas,
typical details,channelization plans,site speci?c curb ramp retro?t plans
for each ramp,site specific traf?c control plans,City of Renton Standard
Details and project speci?c details and survey control.
Prepare the estimate based on the 60 percent design level quantities and
recent bid tab information for unit prices.
Page 9 of 12
AGENDA ITEM #6. d)
D.
E.
Deliverables:
Coordinate proposed improvements with utility companies and King
County Metro Transit.
Review the 60 percent design with AGENCY staff.
2 Months Post NTP to 3 Months Post NTP
Up to 30 plan sheets will be included in the Preliminary Planset including:
0 Cover and Vicinity Map (one sheet)
0 Legend and Sheet Index and General Notes (one sheet)
0 Site Preparation Plans (four sheets)showing planing,sawcutting,
subgrade repair and clearing limits
0 Curb Ramp Plans (site speci?c curb ramp plans and bus landing
pads including the addition of any new catch basins)(five Sheets)
0 Channelization and Signing Plan
0 Typical Details for planing,overlay,casting adjustment,curb
ramps,railing,storm trench backfill,monument details,bus
landing pads and surface restoration,traffic loop replacement.
0 Site Specific Traffic Control Plans
0 Left tum pockets will remain at their current length (no traffic
modeling required).
Task 9 —Final PS&E
Objective:Assist with grant ?inding applications.Prepare final design plans,
speci?cations and cost estimates for use as bid documents suitable for
bidding,award,and constructionof the project.Obtain DBE/Training
goals and approval to ad from WSDOT
Assist City with grant funding applications for a maximum of 16 hours of
the project managers time.
Prepare ?nal bid/construction plans in Agency approved format to include
title sheet,legend,vicinity and location map,plan sheets,special notes,
special details,etc.
Prepare ?nal Contract Provisions in WSDOT format to include proposal,
contract,bonding documents,and technical specifications.Incorporate
any revisions from WSDOT and the Agency.
Prepare ?nal quantity takeoff and construction-level construction cost
estimate.
Page 10 ofl2
AGENDA ITEM #6. d)
I.
Assumptions:
Prepare the WSDOT Design Approval Documentation with appropriate
design matrix and supporting documents including traffic data,pavement
design criteria,cost estimate,NEPA fully executed signature page,No
ROW required veri?cation documentation and send to AGENCY for
submittal to WSDOT Local Programs.
Send the pre-?nal PS&E to WSDOT Local Programs for their review and
Disadvantage Business Enterprise/Training goal determination.
Send Construction Obligation Funding Package material to WSDOT Local
Programs for approval of Construction funding and authorization to
advertise.
Send the PS&E to WSDOT Local Programs for their review and
Disadvantage Business Enterprise goal determination.
Prepare no right-of-way veri?cation form for AGENCY signature.
Determination of a no right-of-way phase is required for the project.
Assumes project may be on hold pending grant application and review
processing.
Assumes that if a right-of-way phase is required,the right-of-way
acquisition and/or construction easement acquisition will be added via
supplemental agreement.
Assumes City review will be 2 months in duration.
Assumes State review will be 6 months in duration.
Deliverables:(3 Months Post NTP to 6 Month Post NT P)
No Right-of-Way/Property Rights Needed form for AGENCY signature.
Design approval documentation for AGENCY signature.
Signed bid documents (two hard copies,one PDF,one ACAD and one
Word doc file).
Signed Engineer’s Estimate (one PDF and one .xls ?le).
Task 10 —QA/QC
A.Oversee three,in-house,quality assurance/quality control (QA/QC)
meetings at CONSULTANT’s office during the course of the design
project.The meetings will include senior project staff,selected design
team members,and AGENCY staff (as desired).Meetings are to take
place at the following levels:
0 Concept Design
Page 1]ofl2
AGENDA ITEM #6. d)
0 Sixty Percent Design
0 Prefmal Design
B.Ensure incorporation of relevant recommendations and suggestions into
bid/construction documents resulting from QA/QCreviews.
Deliverables:(On-Going to 6 Months Post NTP)
0 Memo of review comments after each review.
MANAGEMENT RESERVE FUND
The Management Reserve Fund allows the Agency to expand the scope of work without
seeking an additional and formal contract supplement,within the limits and terms as
stated herein.The Engineer carmot access the Management Reserve Fund budget without
the ?irther written authorization of the Agency.
The Management Reserve Fund will consist of an amount not to exceed $10,000,and is
set aside to cover the cost of unforeseen work and/or services required for the PS&E
phase of the project.Such unforeseen conditions could include additional right-of—way
research,traf?c analysis,environmental documentation,public involvement process,
potholing,geotechnical assistance,additional design effort,and/or other related tasks.
Page 12 ofl2
AGENDA ITEM #6. d)
Exhibit B
DBE Participation
None.
Agreement Number:
WSDOT Form 140-089 EF Exhibit B Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. d)
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency,as applicable,is to provide a description of the format and standards the consultant is
to use in preparing electronic ?les for transmission to the agency.The format and standards to be provided may
include,but are not limited to,the following:
I.Surveying,Roadway Design &Plans Preparation Section
A.Survey Data
Standard:City of Renton Survey and Dra?ing Standards,2015;Control Network and Standards,2015.
Format:Autodesk,AutoCAD Civil 3D,2017;Adobe pdf.(CD or DVD)
B.Roadway Design Files
Standard:Washington State Department of Transportation,Local Agency Guidelines.
Format:Autodesk,AutoCAD Civil 3D,2017;Adobe pdf.(CD or DVD)
C.Computer Aided Drafting Files
Standard:City of Renton Survey and Dra?ing Standards,2015.
Format:Autodesk,AutoCAD Civil 3D,2017;Adobe pdf.(CD or DVD)
Agreement Number:
WSDOT Form 140-089 EF Exhibit C Page 1 of 4
Revised 10/30/201 4
AGENDA ITEM #6. d)
D.Specify the Agency’s Right to Review Product with the Consultant
Agency shall have the right to review data when requested.
E.Specify the Electronic Deliverables to Be Provided to the Agency
See Exhibit A.
F.Specify What Agency Furnished Services and Information Is to Be Provided
See Exhibit A.
Agreement Number:
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
Revised 10/30/2014
AGENDA ITEM #6. d)
11.Any Other Electronic Files to Be Provided
See Exhibit A.
III.Methods to Electronically Exchange Data
Electronic Files to be mailed to Agency,Consultant's FTP site will be used for ?les greater than 10 MB.
On-going project correspondence will be provided via email during the life of the project.
Deliverables will be provided as identified in Exhibit A.
All hard copies will be provided to Agency by closeout.
A copy of all digital files on a CDDVD will be provided to Agency at closeout.
WSDOT Form 140-089 EF Exhibit C Page 3 of 4
Revised 1 0/30/2014
AGENDA ITEM #6. d)
A.Agency Software Suite
Microsoft Office Suite
B.Electronic Messaging System
Microsoft Outlook
C.File Transfers Format
Adobe pdf,Microso?Excel (2010),Word (2010),Publisher (2010),Outlook Email,Autodesk,AutoCAD
Civil 3D (2017).
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
Revised 10/30/201 4
AGENDA ITEM #6. d)
Exhibit D -Prlme Consultant Cost Computations
PIo)z¢tName:Renzcun Avenue South Resurfacing
auosrr zsnwmx
my lnmu:‘nu vamsunma N...um c lvun um luv (imam-1 nnnorn nun mu...m -me..a z.m»..v..llnmtl mu.
mu»./m nrm;aAJn\1 m.u...a/m mu (M my Lw u rm!um“Eu’!-e swam mum-.«Sweat ‘leerntun
lrvpvveclall ssm suu sun 53511 ins:su 51157 sun ms;
mun.mm 1514:sum suns ms 15 man 51091 sens 577::
Dunn!-an m M s an s rm 5
Pvqcclvaru amen!sauu sum 1:sum Sana mo snuu som sum sum
Sun H 3.»:sum $43713 mun sums mu sun 7)sum suns!u.s4s9u
ammmmm emu sew sasm sw n sum suaa 5000 saw so»:sane
vmum-<Auvulbiny Dc-up u
Anivm soon 31 um sum:soon mum soon suuu sum sum
v.uw.m.»a.mu muss sums saw me snuu $1.1-333 sum saw
:n.m.«muouc.mmo«soon 51 um sum sum:sum souu saoa sane sum
mm Kwutvalltnm saw 5:m as swanu :1 H155 saw snuu mm sane soon
we...vuuvvruvvam:3300 :4 I17 u am.-u 9:5;9:1 3:saw mun som $1,546 an
we aehnawslf sum msm smcn mm:3000 mu mm 51,237.);
Swan:51 557 I0 sum as 51 W3.»sum sum sam sum 5090
saw woo sum saw some sum snm soon sum
succ saua saw sum snnu sum sum sane sum
sow mm mm saw scan sum sum soua saw
an mum w smzazs hi snvms m sums:sxcsxm seznn xs :x.nsss u msuaz
on
m
mm s1ox,u37 Ln
Sxbtmvmmrvll
vmzeo mas 03
to sawus
Ar:s:Inc :7:
u .q ‘IVKWXCI szscua
Ml'I(FM\'F!l Itnvvc mum uu
vmr 5125,2530:
AGENDA ITEM #6. d)
washingggn sta?g ‘Transportation Building
-310 Maple Park Avenue SE.Department of Transportation HO.Box mm
Olympia.WA 88504 7300
360-7054000
TTY:t-800-833 -G388
www.wsdor.wa.gov
August 16,2016
Gray &Oshomc,Inc.
701 Dexter Avenue N,Suite 200
Seattle,WA 98109
Subject:Acceptance FYE 2015 [CR —Audit Office Review
Dear Ms.MelissaDrysttale:
Transmitted herewith is the WSDOT Audit Of?ce’s memo of “Acceptance’'of your
?rrn’s FYE 2015 Indirect Cost Rate (ICR)of 186.65%.Your ICR acceptance is in
accordancewith 23 CFR 172.7 and must be updated on an annual basis.This rate will
be applicable for:
E WSDOT Agreements
E]Local Agency Contracts in Washington State only
Costs billed to agreements/contracts will still be subject to audit of actual costs,based
on the terms and conditionsofthe respective agreement/contract.
This was not a cognizant review.Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
It’you have any questions,feel free to contact our office at (360)705-7104 or via
email giiiisti|_tg1_Iitrzitcsgttx-.'stli.it.wz_i_.g(W.
Regards;
,(|
N
Manager,ConsultantServices Office
EKJ :kms
AcceptamceICR Audit ()t't'.cc Review
AGENDA ITEM #6. d)
Gray &Osborne,Inc.
Indirect Cost Rate Schedule
For the Year EndedDecember 31,2015
Financial
Statement Accepted
Descriptlon Amount 0&0 Ad].Ref.Amount %
Direct Labor $5,984,052 $5,984,052 100.00%
Indirect Costs:
F rlnge Benc?ts ,
Vacation Pay $552,673 ($23,933)A $528,740 8.84%
Sick Pay 99,8 85 99,885 1.67%
Holiday Pay 242,403.242,403 4.05%
PayrollTaxes 941,919 941,919 15.74%
HealthInsurance 1,389,852 1,389,852 23.23%
Workers‘Comp.Insurance 53,854 53,854 0.90%
Pro?t Sharing (401-k)750,000 750,000 12.53%
Total Fringe Bene?ts $4,030,586 ($23,933)$4,006,653 66.96%
General Overhead
Indirect Labor 31,503,75 I $1,503,751 '25.I 3%
Labor Variance (Uncomp 0'1‘)(243)(243)0.00%
Bid &Proposal Labor 897,201 897,201 14.99%
Incentive Bonus 2,653,590 ($60,870)H 2,592,720 43.33%
State 8:.City Taxes 415,409 415,409 6.94%
insurance 137,607 137,607 2.30%
Office Expenses 364,429 (17,614)B 346,815 5.80%
Travel 229,381 (67,163)C 162,218 2.7 l %
Telephone 67,824 67,824 I.13%
Fees,Dues,&Meetings 44,086 44,086 0.74%
Utilities 8:.Maintenance 15L002 151,002 2.52%
Rent 707,929 707,929 I 1.83%
Depreciation 98,788 98,788 1.65%
Recruiting 3,241 3,241 0.05%
ProfessionalScrviccs 58,875 58,875 0.98%
Recoveiy (32,790)(32,790)-0.55%
interest Expense 67,553 (67,553)D 0 0.00%
Taxes 167,946 (167,946)E 0 0.00%
Charitable Contributions 12,948 (12,948)I"0 0.00%
Advertising 12,633 (12,633)G 0 0.00%
Deferred Compensation 3,937 (3,937)H 0 0.00%
Page I of2
AGENDA ITEM #6. d)
Gray &Osborne,Inc.
Indirect Cost Rate Schedule
For the Year Ended December 31,2015
Financial
Statement Accepted
Description Amount (3840 Ad].Rel‘.Amml?f %
Key Man Life Insurance 147,548Q 47,548 I 0 0.00%
Total General Overhead $7,5l7,549 $363.!16}$’/21541433 I l9.56%
Total Indirect Costs &Overhead $11,548,135 §$387,049)$1 I 161 086 186.51%
Indirect Coat Rntc (Less FCC)192.98%
I
136.51%
Facilities Cost of Capital $7,928 $7,928 0.13%
$ll.5S6,063 $11,169,014
lndlrcct Cost Rate (Includes FCC)186.65%
Gray &Osborne Inc.—Acceptedby BC 8/11/I6
"Indirect Cost Rate 3:!!!subject to WSDO'I'Aud!!"
References
.Gray &Osborne Adjustments:
A Vacation accountedusing accrual method instead of actual vacation paid $23,932.66 'per 48 CFR 3 L201-4
B Employee/ClientAppreciation,unullowahleper 48 CFR 31.205-l3(b),31.205-14,31.205-13 and 31.20l-5
C Unallowablcitemsrelatedto entertainment,direct costs and expenses that exceededallowableper diem
per 48 CFR 31.205-14,31.202,and 31.205-46
D interest unallowablc pct 48 CFR 3 1205-20
l~Unallowabletaxes per 48 CPR 31.205-41
l-Contributionsunallowahle per 48 CPR 31.205-8
G Advertising Unallowableper CFR 3 L205-l
H Bonus payment not performancebased unallowableper 48 Cl"R31.205-6
I Key person life insuranceunallowableper 48 CFR 31.205~l9(2](v)
Pagci’.of?
AGENDA ITEM #6. d)
Certification of Final indirect Costs
Firm Name:Gray 8.Osborne.inc.
indirectCost Rate Proposal:186.65%
Date of Proposal Preparation (mmldciIyyyy):00i11I2016
Flscai Period Covered(rum/dd/yyyyto mmtcitiiyyyy):01'01i2015-12i31i2015
I,the undersigned,ceriiiy that i have reviewedthe proposal to establishfinal indirect cost ratesforthefiscalperiodasspecifiedaboveandtothebestofmyknowledgeandbeiie?
1.)Allcosts includedin this proposal to establish final indirectcost rates are allowableinaccordancewiththecostprinciplesoftheFederalAcquisitionRegulations(FAR)of title48,Code of Federal Regulations (CFR).part 31.
2.)Thisproposal does not includeany costs whichare expressly unailowabie underthe costprinciplesoftheFARof48CFR31.
Allknownmaterial transactionsor evenis that have occurred affecting the firm's ownership,organization and indirectcost rates have been disclo ed.
Signature:
Name of CertifyingOfficial‘(Print):MelissaDry ale
Title:cr=o
Date of Certification(mmidd/yyyy):O5/11l20'i6
‘The “CertifyingOfficial"must be an individualexecutive or financialofficer of the firmat alevelnolowerthanaVicePresidentorChiefFinancialOfficer,or equivalent,who has the authorityto
represent the ?nancialinformationutilizedto establishthe indirectcost rate for use under Agency
contracts.
Ref.FHWADirective4470.1A availableonline at:
htip:/iwww,ihwa.doI.govllegarm§[direciiveg/or'd,rg[s[4gi701a.him
0/H Certi?cation;Nov 20 l 0
AGENDA ITEM #6. d)
%0
WE‘liive?isas-:1‘:-lt1:si1tt=f-’:i‘tso‘fa':'i-ransportationM9mOrandUm
August 12,2016
TO:ErikJonson,Contracting Services Manager
FROM:Schatzic I-Inn/ey,Agreement Compliance Audit ManagerQ00.“
SUBJECT:Gray &Osborne,Inc.IndirectCost Rate
for Fiscal Year Ended December31,2015
"&"-
We are accepting the Gray &Osbomc proposed rate of 186.65%ofdircct labor for the -
above referenced ?scal year based on our risk assessment process (rate includes0.13%
FacilitiesCost of Capital).Gray &Osborneprovideda FHWA Cetti?catc of Final
IndirectCosts indicating all costs includedin the indirect cost rate schedule are in
compliance with Federal Acquisition Regulations(FAR),Subpart 31.We did not 9
completea review for this ?rm.
Costs billed to agreements willstill be subject to audit of actual costs,based on the termsandconditionsoftherespectiveagreement.
.-.--_.‘-._'-re‘
This was not a cognizant review.Any other entity contracting with the lion is
responsible for determiningthe acceptability of the Indirect Cost Rate.0
if you have any questions,feel free to call me at (360)705-7006,or via email at
Lmrvcys(t(}wsdot.wa,gov
cc:Steve Mc[(erney
File
DOTFonn TOO-O03EF
Revised5:99
AGENDA ITEM #6. d)
Exhibit E
Sub-consultant Cost Computations
There isn’t any sub-consultant participation at this time.The CONSULTANT shall not sub-contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI “Sub-Contracting”of this AGREEMENT.
The following subconsultants are being added to the project:
Applied Professional Services,Inc.-$3,200.00
TC2 —$960.00
PanGEO,Inc.-$9,336.00
Agreement Number:
WSDOTForm 140-089 EF Exhibit E Page 1 of 1
Revised 1 0/30/2014
AGENDA ITEM #6. d)
Submittal Information Form (Sub-consultant)
Project Name or Roster Category:Renton Avenue South Rehabilitation
Sub-consultant
Firm Name:PanGEO Inc.
Address:3213 Eastlake Avenue East,Seattle,WA 98102
Phone:206-262-0370 Fax:206-262-0374
Company Website:www.pangeoinc.com
Federal Tax ID Number:91-1991216
Uni?ed Business Identi?er Number:601 984438
D/M/WBE Certi?cation Number:N/A
Year Firm Established:1999
SIC Code (Name):8711 (Engineering Services)
NAICS Code (Name):541330 (Engineering Services)
Contact Person Regarding This Submittal’s Information:Mr.Siew L.Tan,P.E.(stan@pangeoinc.com)l
Firm Type
[3 Sole Proprietor El Partnership U C -Corp.
Cl Limited Partnership Subchapter S Corp.CI Limited Liability Company
Annual Gross Receipt
CI $0 to $1 Million $1 Million to $5 Million Cl $5 Million to $10 Million
Cl $10 Million to $15 Million Cl Over $15 Million
Firms Areas of Expertise
Geotechnical engineering,geology,hydrogeology,and geotechnical special inspections
Note:
Firm Name:Please ensure that the firm name listed is the same firm name that is legally assigned to the federal tax ID
number.Please do not use:DBA's -Doing Business As;Combination names when two firms are working together;
derivatives of your legal name;Acronyms;etc.
Unified Business Identifier (UBI)Number:if your firm does not have a UBI number for Washington State.please put
pending in the box.You willbe required to acquire a UBI Number if you are awarded the contract.
DOT 140-566 Page 1 of 1
10/201 5
AGENDA ITEM #6. d)
Exhibit F
Title VIAssurances
During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,and successors
in interest agrees as follows:
I.
WSDOT Form 140-089 EF Exhibit F
Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations,
Part 21,as they may be amended from time to time (hereinafter referred to as the “REGULATlONS”),
which are herein incorporated by reference and made a part of this AGREEMENT.
Non-discrimination:The CONSULTANT,with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention
of sub-consultants,including procurement of materials and leases of equipment.The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS,including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
Solicitations for Sub-consultants,Including Procurement of Materials and Equipment:In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract,including procurement of materials or leases of equipment,each potential sub-
consultant or supplier shall be noti?ed by the CONSULTANT of the CONSULTANT’sobligations under
this AGREEMENT and the REGULATIONS relative to non-discriminationon the grounds of race,color,
sex,or national origin.
Information and Reports:The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records,
accounts,other sources of information,and its facilities as may be determined by the AGENCY,the
STATE,or the Federal Highway Administration (F HWA)to be pertinent to ascertain compliance with such
REGULATIONS,orders and instructions.Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall
so certify to the AGENCY,the STATE,or the FHWA as appropriate,and shall set forth what efforts it has
made to obtain the information.
Sanctions for Non—compliance:In the event of the CONSULTANT’s non-compliance with the non-
discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions
as it,the STATE,or the FHWA may determine to be appropriate,including,but not limited to:
-Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies,and/or;
-Cancellation,termination,or suspension of this AGREEMENT,in whole or in part.
Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs (1)through
(5)in every subcontract,including procurement of materials and leases of equipment,unless exempt by the
REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action with
respect to any sub-consultant or procurement as the STATE,the AGENCY,or F HWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and,in
addition,the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States.Agreement Number:
Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. d)
Exhibit G
Certification Documents
Exhibit G—l(a)Certi?cation of Consultant
Exhibit G—l(b)Certi?cation of City of Renton
Exhibit G-2 Certi?cation Regarding Debarment,Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certi?cation Regarding the Restrictions of the Use of Federal Funds for Lobbying -Not Applicable
Exhibit G-4 Certi?cate of Current Cost or Pricing Data —Not Applicable
Agreement Number:
WSDOTForm 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. d)
Exhibit G-1 (a)Certification of Consultant
I hereby certify that I am the and duly authorized representative of the ?rm of
whose address is
701 Dexter Avenue North,Suite 200,Seattle,Washington 98109
and that neither the above ?rm nor I have:
a)Employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,
any ?rm or person (other than a bona ?de employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b)Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of
any ?rm or person in connection with carrying out this AGREEMENT;or
c)Paid,or agreed to pay,to any ?rm,organization or person (other than a bona ?de employee working solely
for me or the above CONSULTANT)any fee,contribution,donation,or consideration of any kind for,or in
connection with,procuring or carrying out this AGREEMENT;except as hereby expressly stated (if any);
I acknowledge that this certi?cate is to be furnished to the
and the Federal Highway Administration,U.S.Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and
Federal laws,both criminal and civil.
Gray &Osborne,Inc.
Consultant(FirmName)
Signature(AuthorizedOflicialof Consultant)Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. d)
Exhibit G-1(b)Certification of City of Renton
I hereby certify that I am the:
Certified Authority (CA)
D Other
of the City of Renton,and Gray &Osborne,inc.
or its representative has not been required,directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a)Employ or retain,or agree to employ to retain,any ?rm or person;or
b)Pay,or agree to pay,to any ?rm,person,or organization,any fee,contribution,donation,or consideration
of any kind;except as hereby expressly stated (if any):
I acknowledge that this certi?cate is to be furnished to the City of Renton
and the Federal Highway Administration,U.S.Department of Transportation,in connection with this
AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and
Federal laws,both criminal and civil.
Signature Date
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/201 4
AGENDA ITEM #6. d)
Exhibit G-2 Certification Regarding Debarment,Suspension and Other
Responsibility Matters -Primary Covered Transactions
1.
II.
The prospective primary participant certi?es to the best of its knowledge and belief,that it and its principals:
A.
D.
Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from covered transactions by any Federal department or agency;
Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public (Federal,State,or local)transaction or contract under
a public transaction;violation of Federal or State anti-trust statues or commission of embezzlement,
theft,forgery,bribery,falsi?cation or destruction of records,making false statements,or receiving
stolen property;
Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity
(Federal,State,or local)with commission of any of the offenses enumerated in paragraph (1)(b)
of this certi?cation;and
Have not within a three (3)year period preceding this application /proposal had one or more public
transactions (Federal,State and local)terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this certi?cation,
such prospective participant shall attach an explanation to this proposal.
Gray &Osborne,Inc.
Consultant(FirmName)
Signature(AuthorizedOf?cialof Consultant)
WSDOT Form 140-089 EF Exhibit G
Date
Agreement Number:
Page 1 of 1
Revised 10/30/201 4
AGENDA ITEM #6. d)
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying -Not Applicable
The prospective participant certi?es,by signing and submitting this bid or proposal,to the best of his or her
knowledge and belief,that:
i.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any
person for in?uencing or attempting to in?uence an of?cer or employee of any Federal agency,a Member
of Congress,an officer or employee of Congress,or any employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,
the entering into of any cooperative AGRl£EMl*lN'l‘,and the extension,continuation,renewal,amendment,
or modi?cation of Federal contract,grant,loan or cooperative AGREEMENT.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
in?uencing or attempting to in?uence an o?icer or employee of any Federal agency,a Member of Congress,
an officer or employee of Congress,or an employee ofa Member of Congress in connection with this
Federal contract,grant,loan or cooperative AGREEMENT,the undersigned shall complete and submit
Standard Form -LLL,“Disclosure Form to Report Lobbying,”in accordance with its instructions.
This certi?cation is a material representation of fact upon which reliance was placed when this transaction
was made or entered into.Submission of this certi?cation is a prerequisite for making or entering into
this transaction imposed by Section 1352,Title 31,U.S.Code.Any person who fails to ?le the required
certi?cation shall be subject to a civil penalty of not less than $10,000.00,and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certi?cation be included in all lower tier sub-contracts,which exceed $100,000,
and that all such sub-recipients shall ccrti fy and disclose accordingly.
Gray &Osborne,lnc.
Consultant(FirmName)
Signature(AuthorizedOfficialof Consultant)
WSDOTForm 140-089 EF Exhibit G
Date
Agreement Number:
Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. d)
Exhibit G-4 Certi?cate of Current Cost or Pricing Data -Not Applicable
This is to certify that,to the best of my knowledge and belief,the cost or pricing data (as de?ned in section
2.101 of the Federal Acquisition Regulation (FAR)and required under FAR subsection 15.403-4)submitted,
either actually or by speci?c identi?cation in writing,to the Contracting Officer or to the Contracting Of?cer’s
representative in support of 'are accurate,complete,and current
as of "
This certi?cation includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing
rate AGREEMENT’s between the offer or and the Government that are part of the proposal.
Firm:Gray &Osborne,lne.
Signature Title
Date of Execution"'**:
‘Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number (e.g.project title.)
"Insert the day,month,and year,when price negotiations were concluded and price AGRHl~2MF.N'l‘was reached.
""'*lnsert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number:
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/20‘!4
AGENDA ITEM #6. d)
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identi?ed in Section XII,Legal Relations
and Insurance of this Agreement is amended to $N/A
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of 55N/A
Such insurance coverage shall be evidenced by one of the following methods:
-Certi?cate of Insurance.
-Self-insurance through an irrevocable Letter of Credit from a quali?ed ?nancial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims,including claim amounts already reserved against the fund,safeguards established for payment
from the fund,a copy of the latest annual ?nancial statements,and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as speci?ed above exceed
$1 million per occurrence or the value of the contract,whichever is greater,then justi?cation shall be submitted
to the Federal Highway Administration (FHWA)for approval to increase the minimum insurance limit.
If FHWA approval is obtained,the AGENCY may,at its own cost,reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes:Cost of added insurance requirements:33N/A
-Include all costs,fee increase,premiums.
-This cost shall not be billed against an FHWA funded project.
-For ?nal contracts,include this exhibit.
Agreement Number:
WSDOT Form 140-089 EF Exhibit H Page 1 of 1
Revised 10/30/2014
AGENDA ITEM #6. d)
Exhibit I
Alleged Consultant Design Error Procedures
Not Applicable
The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a
nature that exceeds the accepted standard of care.In addition,it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s)is Identi?ed by Agency’s Project Manager
At the ?rst indication of potential consultant design error(s),the ?rst step in the process is for the Agency’s
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s).For federally funded projects,the Region Local Programs Engineer should be informed and
involved in these procedures.(Note:The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager,who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the
Director of Public Works or Agency Engineer’s concurrence,the project manager obtains more detailed
documentation than is normally required on the project.Examples include:all decisions and descriptions
of work;photographs,records of labor,materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further,the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged
error(s).The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub—consultants)
deemed appropriate for the alleged design error(s)issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s)with the consultant have been completed regarding the consultant’s alleged design
error(s),there are three possible scenarios:
-It is determined via mutual agreement that there is not a consultant design error(s).If this is the case,
then the process will not proceed beyond this point.
-It is determined via mutual agreement that a consultant design error(s)occurred.If this is the case,
then the Director of Public Works or Agency Engineer,or their representatives,negotiate a settlement
with the consultant.The settlement would be paid to the agency or the amount would be reduced from
the consultant’s agreement with the agency for the services on the project in which the design error
took place.The agency is to provide LP,through the Region Local Programs Engineer,a summary
of the settlement for review and to make adjustments,if any,as to how the settlement affects federal
reimbursements.No further action is required.
-There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may
request that the alleged design error(s)issue be forwarded to the Director of Public Works or Agency
Engineer for review.If the Director of Public Works or Agency Engineer,after review with their legal
counsel,is not able to reach mutual agreement with the consultant,proceed to Step 5.
WSDOT Form 140-089 EF Exhibit I Page 1 of 2
Revised 10/30/2014 Agreement Number:
AGENDA ITEM #6. d)
v
Step 5 Forward Documents to Local Programs
For federally ?mded projects all available information,including costs,should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA.LP will meet
with representatives of the agency and the consultant to review the alleged design error(s),and attempt
to ?nd a resolution to the issue.If necessary,LP will request assistance from the Attorney General ’s Office
for legal interpretation.LP will also identify how the alleged error(s)affects eligibility of project costs
for federal reimbursement.
-If mutual agreement is reached,the agency and consultant adjust the scope of work and costs
to re?ect the agreed upon resolution.LP,in consultation with FI-IWA,will identify the amount
of federal participation in the agreed upon resolution of the issue.
-If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
WSDOT Form 140-089 EF Exhibit I Page 2 of 2
Revised 10/30/2014
AGENDA ITEM #6. d)
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following
procedures should only be utilized on consultant claims greater than $1,000.If the consultant’s claim(s)are a total
of $1,000 or less,it would not be cost effective to proceed through the outlined steps.It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement’s scope of work,they may be entitled to a claim.The ?rst step that must be completed
is the request for considerationof the claim to the Agency’s project manager.
The consultant’s claim must outline the following:
-Summation of hours by classi?cation for each finn that is included in the claim;
-Any correspondence that directed the consultant to perform the additional work;
-Timeframe of the additional work that was outside of the project scope;
-Summary of direct labor dollars,overhead costs,pro?t and reimbursable costs associated with
the additional work;and
-Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation
After the consultant has completed step 1,the next step in the process is to forward the request to the
Agency’s project manager.The project manager will review the consultant’s claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim.If the
FHWA is participating in the project’s funding,forward a copy of the consultant’s claim and the Agency’s
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer.If the claim is not eligible for federal participation,payment will need to be from
agency funds.
If the Agency project manager,Director of Public Works or Agency Engineer,WSDOT Local Programs
(if applicable),and FHWA (if applicable)agree with the consultant’s claim,send a request memo,including
backup documentation to the consultant to either supplement the agreement,or create a new agreement
for the claim.After the request has been approved,the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim.Inform the consultant that the ?nal payment for
the agreement is subject to audit.No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant’s claim,proceed to step 3 of the procedures.
Agreement Number:
WSDOT Form 140-O89 EF Exhibit J Page 1 of 2
Revised 10/30/2014
AGENDA ITEM #6. d)
Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)
If the Agency does not agree with the consultant’s claim,the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
Copy of information supplied by the consultant regarding the claim;
Agency’s summation of hours by classi?cation for each ?rm that should be included in the claim;
Any correspondence that directed the consultant to perform the additional work;
Agency’s summary of direct labor dollars,overhead costs,pro?t and reimbursable costs associated
with the additional work;
Explanation regarding those areas in which the Agency does/docs not agree with the consultant’s
claim(s);
Explanation to describe what has been instituted to preclude ?iture consultant claim(s);and
Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim,or portions thereof,which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures).If the project involves federal participation,obtain
concurrence from WSDOT Local Programs and FIIWA regarding ?nal settlement of the claim.If the claim
is not eligible for federal participation,payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing)the consultant of their ?nal
decision regarding the consultant’s claim(s).Include the ?nal dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim.Inform the consultant that the ?nal payment for the agreement is subject to audit.
WSDOTForm 140-089 EF Exhibit J
Agreement Number:
Page 2 of 2
Revised 1 0/30/20‘!4
AGENDA ITEM #6. d)
2no3u:nm:o:m
32.0222:9_»m:3:><m::mmoan:_»mm:1mn.:m
mcomm._.mm._.=<_>._.m
9.<..__s_a__.§_§wasmo__§_w§39..__%2____§a_a__Nmn_Em3s_:
::§_o.<§_m_u_._:n_um_>u_<__u2:n€m_\2<_n_<__m:m_..amn::_n_m:n_s_m:m._u_.o.._._nm:3mn_m:_,<m<o_.._.mn::§m:.amn::_n_m:
Q ! QQQQg
Eommnluaoz:3:3:3m:3m:3m:3m:3m:3 m :3 m :3 m :3 m
E32.3zasmmmamaIglglglglglglglglglglglg
i3:22.333,_<_%_o_=m'gI%I %'%IgI '§IEI%I .£.3£...moHmm2R§§__=<m&m2_o:Igugglglglglglglglglglg
I.IIIIIIIIHIIIII
Iélglglglg?lglglalglg
im=<_3=3m_§_ooncsmsmaozIglglélglélglglglglglglg
I32533.8322;IgI§I I% '% Igl%l%Igl%
i333_5.._.3=a23mmIg I I.$.$~.wmlglglglglglgl 3.E$o
H3.8323;BwmIglglglggglg?glglglglglg
? g I Iggglglglglglglglg
?llglglglglgIglglglglglglg
?llglglglglglglglglglglglg
Ellglglglglglglglglglglglg
:oS_<3333.3g % lé% ! E g E %gEEE
mx:_E..U -3.3m no:m:=m3 no
Smoxm:_uno:mc_S_._.avmsmmo._.n~>30.32 mxumzmmm_<_m:mmm3m3mmmm_.<m38.888$.$m.oommmobomw.~8.oo?mobomB.ooo.oo
A
G
E
N
D
A
I
T
E
M
#
6
.
d
)
mx:=u:U-_u:3mno_a:_33no..."no3_u:.3:o:m
.....u_.o_.mnnZm_.:m"_Nm3.nO3><m3CmMUCH?WmmC1_"mn_3®_zom_.m2omz.qm2m_zmmxmmm._.=<_>._.m._._u.<<___..o_.N.w._._m:mo_._m\~m\~Su
mcumm._.mm._.=<_>._.m
§.:a...§__§2E §..=_.§_.__%2...2.33..N2_Em_8s.n
_uc:n:o:\a:_m_u1:n.um_\_u_<__u_..:n:um_\_u_<_amn::_n_m:Q<=mama3.9.Enmzmmq8222
88585.8353.388.3 38.3 38.8 88.3 38.8 853
Eommnlumos:3:3:3m:3m:3m:3m:3m:3 m :3 m :3 m :3 m :3 mE_.a_§_<_m:mmm3m3
I8228mz_%_%m 3.338
io§2:_§__:<m3:mm:o:8.8 élglgNIIIIIIIIIIIIIIIII>:m_<m.3-8.88.5538.88.88.88883.88.8 8.8 8.8 -Q
im.<_§a2.a__.2_.._§§.%
I3.338332E3
i_xm_s.1.a_m3.a2_u&.m 8.8 Elgl 3.38.8E33;:3.38lg‘3.93.8
? Eglglélggglglglglgnglgé
12::9.203;
mmm
m8H.$w..n.omG.wS..n.om.n..ooo.8mm.8o.8mr~oo.oomB.o8.8B?.Em.oo_.>mO_»mcuno:m:_.B:Gvmzmmo._.n~>39:5 mxumzmmm_<_m:mmm3m3mmmm2m40.8.
A
G
E
N
D
A
I
T
E
M
#
6
.
d
)
AB - 1925
City Council Regular Meeting - 12 Jun 2017
SUBJECT/TITLE: Cooperative Agreement with the Washington State Department of
Transportation for Design and Construction of the I -405/SR 167
Interchange Direct Connector Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Vicki Grover, Transportation Planning Manager
EXT.: 7393
FISCAL IMPACT SUMMARY:
This agreement will generate $662,965 in revenue.
SUMMARY OF ACTION:
The Washington State Department of Transportation (WSDOT) I-405/SR 167 Interchange Direct Connector
Project began construction earlier this year and will construct a flyover HOV lane in each direction between SR
167 and I-405.
It is of mutual benefit to both the City and WSDOT to outline the process by which WSDOT, the design builder
and the City will communicate and work together through the design build process for the City owned
facilities. The revenue generated by this agreement is estimated to be $662,965.
Funding from WSDOT is for compensation to the City for a reduction in the City’s complete streets standard
for 14th Street, which was required to be reconstructed south of its current location.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Cooperative Agreement with the Washington State
Department of Transportation for design and construction of the I-405/SR 167 Interchange Direct Connector
Project.
AGENDA ITEM #6. e)
GCB 2274 Page 1 of 15
GCB 2274
COOPERATIVE AGREEMENT
Design and Construction
I-405 – SR 167 Interchange Direct Connector Project
This Agreement for Design and Construction of the I-405 – SR 167 Interchange Direct Connector
Project (Agreement) is made and entered into by the City of Renton (CITY) and the Washington
State Department of Transportation (W SDOT).
WHEREAS, WSDOT, in the interest of providing congestion relief in the I-405 Corridor, proposes
improvements along I-405 within the CITY in a project known as the I-405 – SR 167 Interchange
Direct Connector project (Project); and
WHEREAS, the proposed Project will require WSDOT to perform certain work on the CITY’s
facilities as described in Exhibit A; and
WHEREAS, WSDOT will construct the Project using the design-build method of project delivery;
and
WHEREAS, the design of project elements in the design-build method of project delivery moves
faster than in the typical design-bid-build method of project delivery; therefore, expedited CITY
review of the design elements will be required; and
WHEREAS, the Parties recognize the importance of timeliness in reviews, avoidance of delays,
and minimizing costs for the Project, as well as the mutual benefit provided in shortening plan and
proposal review times; and
WHEREAS, the Project’s design-build contract was awarded June 23, 2016, and it is scheduled
to open to traffic by the end of 2018; and
WHEREAS, the Parties executed a Memorandum of Understanding on September 27, 2004, that
describes the Parties’ cooperation during design and construction of the I-405 Congestion Relief
& Transit Projects; and
WHEREAS, the Parties desire this Agreement to define their roles and responsibilities related to
design and construction of the Project.
NOW, THEREFORE, by virtue of Revised Code of Washington (RCW) 47.28.140 and RCW
39.34.080 and in consideration of the terms, conditions, and performances contained herein, and
the attached Exhibits A, B, C, D, E, F, and G, which are incorporated and made a part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1.0 GENERAL
1.1 WSDOT will construct the Project improvements along the I-405 Corridor, the general
limits of which are described in Exhibit A, Project Description, and shown in Exhibit B,
Conceptual Plans.
AGENDA ITEM #6. e)
GCB 2274 Page 2 of 11
2.0 ROLES
2.1 WSDOT entered into a contractual agreement with a design-build contractor (Design-
Builder) for design and construction of the Project.
2.2 WSDOT will continue coordinating partnering sessions including WSDOT staff, CITY staff,
and WSDOT’s Design-Builder staff to review coordination processes and performance of
this Agreement, as requested.
2.3 WSDOT shall track and respond to all CITY communication requests in a timely manner.
2.4 The CITY Project Coordinator will be responsible for facilitating all Project-related
communication between WSDOT and CITY staff as well as CITY review of all Project-
related submittals. This coordination of efforts with WSDOT will take place via WSDOT’s
I-405 Project Engineer.
2.5 WSDOT’s I-405 Project Engineer, or designee, will be responsible for facilitating all
Project-related communication between the CITY Project Coordinator and WSDOT staff
as well as providing Project-related submittals to the CITY Project Coordinator. This
coordination of efforts with the CITY will take place via the CITY Project Coordinator.
2.6 WSDOT agrees to make presentations to the CITY when requested to do so by the CITY.
2.7 WSDOT agrees to provide Project updates to CITY staff on a monthly basis. These
updates will include the Project’s milestones.
2.8 WSDOT will develop a Public Information Plan that ensures Project information is made
available to the public. In addition, the CITY and W SDOT will continue coordinating
outreach to the business community.
2.9 The Parties agree to fund and be fully responsible for their own respective costs
associated with staff time necessary to fulfill their roles and responsibilities as identified in
this Agreement, except in the following cases:
2.9.1 WSDOT will contribute funding for a CITY Project Coordinator for the length of the
Project.
2.9.2 The CITY Project Coordinator will serve as the CITY’s Project liaison beginning
with Notice to Proceed to WSDOT’s Design-Builder and will be responsible for
expediting CITY review of Project submittals.
2.9.3 WSDOT shall only fund those hours worked by the CITY Project Coordinator for
coordination activities associated with the Project.
2.9.4 The Parties will enter into a separate agreement, GCB 2197, outlining the details
related to scope of work and reimbursement for the CITY Project Coordinator.
2.9.5 WSDOT shall reimburse the CITY for appropriate inspection costs, as described
in Section 9.2, below.
AGENDA ITEM #6. e)
GCB 2274 Page 3 of 11
3.0 CITY REVIEW AND COMMENT ON PROJECT ELEMENTS
3.1 WSDOT will provide the CITY with three (3) hard copies and an electronic copy of the
preliminary and final design submittals formatted to printing and plotting to scale, as
submitted by the Design-Builder in accordance with the Project’s Request for Proposals
(RFP), for review and comment by the CITY on Project elements that (a) require a CITY
permit pursuant to the Renton Municipal Code (RMC), (b) will be owned, maintained, or
operated by the CITY, (c) will be located within CITY-owned property or right of way, or
(d) will be integrated with or connected to CITY utilities (collectively hereinafter referred to
as “Project Elements”).
3.1.1 Project Elements include, but are not limited to, design of CITY streets and other
associated CITY roadway elements, landscaping, sidewalks, stormwater, water
and sewer utilities, streetlights along CITY roadways, CITY street detour routes,
noise variance requests within the CITY limits, cut slopes within WSDOT limited
access south of I-405 between SR 167 and SR 515, and right of way permits within
the CITY limits.
3.1.2 Designs shall be submitted for review at preliminary and final design stages. Each
submittal, including final design, shall consider the CITY’s previous review
comments to address and incorporate changes as appropriate..
3.1.3 WSDOT agrees that its design and construction of Project Elements shall conform
to applicable CITY policies, design standards, standard plans, comprehensive
utilities system plans, development regulations, and other applicable requirements
of the RMC (excepting the approved street modification identified in Exhibit C).
The CITY’s review and comment will be limited to such requirements.
3.2 WSDOT will provide the CITY with three (3) hard copies and an electronic copy formatted
to printing and plotting to scale, of the Release for Construction (RFC) documents for CITY
use in confirming that all the CITY’s comments on the final design submittals have been
addressed. The CITY may submit written comments concerning the RFC documents to
WSDOT within the timeframe given in Section 3.6, below.
3.3 WSDOT will review all submittals from its Design-Builder for completeness with contract
requirements prior to forwarding them to the CITY’s Project Coordinator for review.
3.4 WSDOT will provide the CITY with its review comments on Project Elements included in
the Design-Builder’s plans.
3.5 WSDOT will work with its Design-Builder to give the CITY as much advance notice of
upcoming and planned submittals as possible.
3.6 The CITY commits to reviewing and returning preliminary and final construction and right-
of-way design submittals to WSDOT within a maximum of fourteen (14) calendar days of
request for review and final design submittals within seven (7) calendar days of request
for review. All other required permit submittals shall be reviewed as required by the RMC.
3.6.1 In the case of infrequent circumstances, such as CITY emergencies and extreme
and unusual weather conditions affecting the CITY’s ability to perform normal
functions, or receipt of project submittals of unusual volume, complexity, or
AGENDA ITEM #6. e)
GCB 2274 Page 4 of 11
unexpected or controversial content, the Parties recognize the challenge the CITY
may have to review and return submittals within the allotted review period.
3.6.2 The Parties agree that additional review days may be allowed if there is no created
delay or cost increase for the Project. In these cases, the CITY will be responsible
for requesting approval from WSDOT within the allotted review period and
articulating the cause for delay and specific additional calendar days needed for
the review.
3.6.2.1 WSDOT will review the extended period request for consequences to
the design-build contract requirements, schedule, and cost.
3.6.2.2 WSDOT will approve extensions if there is no risk created to the
design-build contract.
3.6.2.3 If WSDOT is unable to approve additional review days, WSDOT, at
WSDOT’s sole discretion, may proceed with the design-build contract
without the CITY’s review comments so as to prevent any delays to
the Project due to the CITY’s reviews.
3.6.2.4 If WSDOT proceeds without the CITY’s review comments, WSDOT
shall ensure compliance with applicable design standards and plans
as set forth in Section 3.1.3 and Section 4.
4.0 DESIGN OF ELEMENTS WITHIN CITY JURISDICTION
4.1 All plans for the Project will follow WSDOT’s Plans Preparation Manual. All facilities within
the I-405 limited access will use W SDOT design standards, except that the RMC and the
CITY’s latest Design Standards, Specifications, and Standard Plans (City Standards) as
of the Project’s RFP issue date will apply to plans for Project Elements. The City
Standards (City of Renton Standard Details dated October 12, 2016) are hereby
incorporated into this Agreement by this reference. A copy of these provisions are
available from the CITY upon request by WSDOT.
4.2 The Parties agree that the aesthetic treatments of the I-405 Master Plan compatible
elements listed in Sections 4.3 through 4.6 will conform to the guidelines described in the
Interstate-405 Urban Design Criteria, February 2015 (UDC), incorporated into this
Agreement by this reference.
4.3 The Parties agree to the design of elements that are within the CITY’s jurisdiction as
follows:
4.3.1 A CITY street pavement section shall be in accordance with RFP 2.7.3.1.1, Local
Agency Pavement, attached as Exhibit D.
4.3.2 CITY sidewalks that that will be maintained by the CITY will incorporate standard
finishes required by the RMC at the time of the Project’s RFP issue date, except
where the RMC is in conflict with the UDC in which case, the UDC shall take
precedence.
4.3.3 The design and posted speed of South 14th Street will be 25 miles per hour.
AGENDA ITEM #6. e)
GCB 2274 Page 5 of 11
4.3.4 The design of the relocated South 14th Street between Davis Avenue South and
Morris Avenue South will be to the approved street modification identified in Exhibit
C, with a pavement section 18 feet wide described in Exhibit D, and as shown in
Exhibit B.
4.3.5 The design of the relocated South 14th Street between Lake Avenue South and
Davis Avenue South and between Morris Avenue South and Smithers Avenue
South shall have a pavement section 12 feet wide as described in Exhibit D, and
as shown in Exhibit B.
4.4 Treatment of retaining walls constructed by the Project will be finished as outlined in the
I-405 Urban Design Criteria for I-405/SR 167 Direct Connector, incorporated into this
Agreement by this reference.
4.5 Noise walls constructed by the Project will be finished with the ashlar stone block pattern
treatment on the neighborhood side and the standard fractured fin treatment on the I-405
Corridor side, as described in the UDC.
4.6 If WSDOT’s Design-Builder proposes a design change to an existing CITY facility (such
as a CITY street, sidewalk, trail, streetlight, traffic signal, or utility) WSDOT agrees to
present the change to the CITY for review, discussion, and approval.
4.6.1 WSDOT will provide the CITY with plans of any changes to the CITY facilities for
review.
4.6.2 These reviews will be conducted in accordance with Section 3.0 of this Agreement.
4.7 If the CITY proposes a change to an existing CITY facility within the Project limits, the
CITY shall request a meeting through WSDOT’s I-405 Project Engineer.
4.7.1 The Parties agree to meet in a cooperative spirit to review and discuss the
proposed change.
4.7.2 If WSDOT determines the proposed change to be feasible and appropriate, the
Parties shall negotiate the responsibilities for payment of costs associated with the
requested change based on the benefits of the proposed change to each Party.
4.7.3 If the Parties can mutually agree on the proposed change and payment
responsibilities, WSDOT will implement the change.
4.7.4 The consideration of potential schedule delays, which may result in additional cost,
shall be of paramount importance to both Parties.
5.0 CITY OWNED UTILITIES
5.1 Any protection, improvement, deactivation, or relocation of CITY utilities outside of
WSDOT right of way, required by the construction of the Project, will be covered under
separate agreements.
6.0 STORM DRAINAGE
6.1 WSDOT, working with its Design-Builder, shall provide a Hydraulic Report that will include
hydrologic/hydraulic analysis of water quality/detention facilities and conveyance systems
AGENDA ITEM #6. e)
GCB 2274 Page 6 of 11
that convey runoff through the Project site and discharge to downstream systems,
streams, wetlands, and rivers. This report will include a level 3 downstream analysis of
the SW 19th Street drainage system from East Valley Road to Springbrook Creek in
accordance with Section 1.2.2 of the CITY Amendments to the 2009 King County Surface
Water Design Manual. The downstream analysis will be required to determine if the
Project will increase flows to the existing CITY storm drainage conveyance system and if
the Project will result in an increase in downstream flooding.
6.1.1 Stormwater drainage facilities constructed as part of this Project (Stormwater
Facilities) will meet W SDOT flow control and runoff treatment requirements. These
requirements are deemed to be equivalent to the CITY stormwater design
standards and will protect against the degradation of downstream flooding and
water quality conditions.
6.1.2 In addition to WSDOT flow control requirements, the design shall verify that
detention facilities will not increase the existing two (2), ten (10), and one hundred
(100) year storm event peak flow rate downstream of the Project. This will be
documented in the Hydraulic Report discussed in Section 6.1.
6.2 Permanent highway flow control and runoff treatment facilities required by the Project shall
be located within the WSDOT limited access right of way, shall only collect and treat runoff
from WSDOT roadway, and shall be designed in accordance with the Highway Runoff
Manual.
6.3 Stormwater Facilities constructed within CITY right of way shall follow the CITY Public
Works Department, Surface Water Standard Details and Notes, March 2008.
6.4 WSDOT, working with its Design-Builder, will assure that stormwater management
facilities that introduce new open water areas within ten thousand (10,000) feet of the
Renton Municipal Airport are designed according to Federal Aviation Administration (FAA)
Advisory Circular 150/5200-33, and grading of these facilities shall be coordinated with
the United States Department of Agriculture and FAA.
6.5 Project documentation that demonstrates compliance with Sections 6.1 through 6.4 shall
be submitted in sufficient time to allow the CITY a minimum of fourteen (14) calendar days
to review and provide comments.
6.6 WSDOT shall be responsible for maintenance of all stormwater facilities within limited
access right of way, as well as any Stormwater Facility that connects to a CITY storm
structure outside limited access right of way. This includes the proposed new fish-
passable 15’ wide culvert, from where it exits WSDOT right of way to the point of
connection to the existing CITY 60-inch storm system at the intersection of SW 19th Street
and East Valley Road, and the Rolling Hills Creek channel improvements which will be
located in a permanent easement granted to WSDOT.
6.7 The CITY shall be responsible for maintenance of all Stormwater Facilities constructed in
the new South 14th Street right-of-way including the discharge to the wetland tributary of
Rolling Hills Creek within WSDOT property (upstream of Culvert 48, between Morris
Avenue South and Smithers Avenue South) and the culvert placed in the same tributary
to allow flows to pass under the relocated South 14th Street.
AGENDA ITEM #6. e)
GCB 2274 Page 7 of 11
6.8 Stormwater Facility structures and the limits of each Party’s maintenance responsibility for
those structures are shown on Exhibit F.
6.9 The Parties maintenance responsibilities in paragraph 6.6 and 6.7 shall continue in effect
after the terminate date of this Agreement.
7.0 TRAFFIC SIGNALS & LIGHTING
7.1 Existing traffic signals will remain operational throughout the duration of the Project, either
with permanent or temporary traffic signals.
7.2 Existing lighting on CITY streets will remain operational throughout the duration of the
Project.
7.3 Proposals by WSDOT’s Design-Builder for the use and requirement of temporary
illumination on CITY streets will be evaluated during construction by the CITY to determine
acceptability.
8.0 TRAFFIC CONTROL AND DETOUR PLAN APPROVAL PROCESS ON CITY STREETS
8.1 WSDOT, working with its Design-Builder, shall submit proposed road and trail closures,
detours, and traffic control plans involving and/or impacting CITY streets, as determined
by the CITY, to the CITY’s Community and Economic Development Department for
approval at least three (3) weeks prior to proposed closures. The CITY shall review each
submittal and return it to WSDOT within fourteen (14) calendar days after receipt of plans,
indicating either “approved,” “approved with comments,” or “not approved, contractor to
revise and resubmit.”
8.2 Unless otherwise approved by the CITY, WSDOT shall prohibit its Design-Builder from
closing any ramp, any lane of a CITY street, or any lane of I-405 or SR 167 that requires
traffic control measures on a CITY street between the hours of 7 a.m. and 10 p.m. during
Renton River Days and between the third Thursday in November and the second day in
January.
8.3 WSDOT shall notify the CITY via Valley Communications Center at (253) 852-2121 at
least 24 hours prior to any I-405 or SR 167 lane closures that will impact City streets.
8.4 Closures of local roads for over 12 hours in duration, subject to the time restrictions in
Section 8.2, shall be submitted to the CITY Community and Economic Development
Department at least six (6) weeks prior to proposed closures, and require approval by the
City Council.
8.5 Closures of local roads less than 12 hours in duration shall be submitted to the CITY
Community and Economic Development Department at least one (1) week prior to
proposed closures, for written approval from the CITY Community and Economic
Development Department.
9.0 WORK WITHIN CITY RIGHT OF WAY OR IN AREAS TO BE TURNED BACK TO THE
CITY
9.1 WSDOT will notify the CITY fourteen (14) calendar days in advance of any work within the
CITY right of way.
AGENDA ITEM #6. e)
GCB 2274 Page 8 of 11
9.2 Although WSDOT is administering the design-build contract and inspection services are
included in the contract, the CITY may provide an inspector to ensure proper compliance
with CITY requirements for Project Elements.
9.2.1 The CITY inspector shall advise the I-405 Project Engineer of any non-compliance
issues within five (5) calendar days.
9.2.2 The CITY inspector shall communicate with WSDOT’s Design-Builder through
WSDOT’s I-405 Project Engineer and will follow WSDOT’s Design-Builder
protocols when visiting the Project site.
9.2.3 WSDOT shall be responsible for all such inspection costs which are included in
the permit fees described in Section 10.3, below.
9.3 Project plantings within the CITY right of way shall conform to the CITY’s Critical Areas
Ordinance, CITY landscape standards, Complete Street guidelines (excepting the
approved street modification identified in Exhibit C), the guidelines outlined in the UDC,
and RFP Section 2.15.4.11, Roadside Restoration -- Vegetation Replacement Criteria and
Planting Design Requirements. WSDOT will provide plant establishment for Project
plantings within the CITY right of way for five (5) years.
10.0 PAYMENT
10.1 In consideration for the relocated portions of South 14th Street (Relocated Street)
described in Section 4.3 which will not be designed and constructed to City Standards
WSDOT will reimburse the CITY a one-time payment (Reimbursement Amount) of Six
Hundred Sixty-Two Thousand Nine Hundred Sixty-Five Dollars ($662,965). This amount
represents the estimated cost difference, as shown in Exhibit E, Cost Estimate, between
the Relocated Street if it were constructed to City Standards less the Relocated Street as
it will be constructed by the Project.
10.2 WSDOT agrees to make payment of the Reimbursement Amount to the CITY within thirty
(30) calendar days after the effective date of this Agreement.
10.3 Upon submission to the CITY of final designs pursuant to Section 3.1.2, WSDOT shall
apply and pay for a construction permit on the form attached and incorporated herein as
Exhibit G. All fees shall be paid in accordance with the RMC, as described in Exhibit G.
11.0 PERMITS
11.1 WSDOT , and/or its Design-Builder, shall apply and pay for and obtain all necessary
permits for work within the corporate limits of the CITY and regulated by the CITY,
including, but not limited to, the following.
11.1.1 Project Elements that require a construction permit.
11.1.2 Exceptions to the hours for development activity (per RMC).
11.1.3 Public works permit, which includes all road construction work within the CITY’s
right of way, including but not limited to, haul routes for oversized loads, proposed
road and lane closures, and temporary construction agreements, noise walls, and
easements.
AGENDA ITEM #6. e)
GCB 2274 Page 9 of 11
11.2 The CITY shall review each permit submittal in accordance with Section 3.0 of this
Agreement, and will indicate either “approved,” “approved as noted,” or “not approved.” If
the permit is not approved, the CITY will identify the applicable RMC sections or City
Standards that the submittals do not satisfy.
12.0 DISPUTES
12.1 In the event that disputes arise that are related to the application of this Agreement, the
CITY and W SDOT agree to work quickly and collaboratively to determine a resolution
using the following guidelines at the lowest organizational level.
12.2 The process to informally resolve the situation shall proceed in the following order.
12.2.1 The CITY’s Project Coordinator and WSDOT’s I-405 Project Engineer shall jointly
cooperate to informally resolve any disputes as quickly and efficiently as possible.
12.2.2 If dispute resolution is not successful at the level described above, the CITY’s
Transportation Director and WSDOT’s I-405 Construction Manager shall jointly
cooperate to informally resolve any dispute. The CITY Utility Systems Director
shall be involved in the resolution of any dispute regarding a utility issue.
12.2.3 If dispute resolution is still not successful, the CITY’s Public Works Administrator,
and WSDOT ’s I-405 Project Director shall jointly cooperate to informally resolve
any dispute in accordance with the procedures described in Section 12.3 below.
12.3 If unresolved, the CITY’s Public Works Administrator and WSDOT’s I-405 Project Director
shall notify each other in writing of any dispute needing resolution. They shall meet
together with appropriate staff from the CITY and WSDOT, within three (3) business days
of receiving the written notice in order to resolve the dispute to the satisfaction of both
Parties. Each Party agrees to make all reasonable efforts to resolvethe dispute in order
to avoid delays and minimize Project costs.
12.4 If, 14 days after receipt of the written notice described in Section 12.3, the dispute is still
unresolved, the CITY’s Public Works Administrator and WSDOT ’s I-405 Project Director
shall each appoint a member to a dispute resolution panel. These two members shall
select a third member not affiliated in any manner with either Party. The three-member
dispute panel shall conduct a dispute resolution hearing that shall be informal and
unrecorded. The dispute panel shall evaluate the facts, contract terms, and applicable
statutes and rules and make a determination on the dispute. The CITY and WSDOT shall
each pay fifty (50) percent of the costs for the third member of the dispute resolution panel;
however, each Party shall be responsible for its own costs and fees.
13.0 INDEMNIFICATION AND HOLD HARMLESS
13.1 Each Party shall protect, defend, indemnify, and save harmless the other Party, its officers,
officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgments, and/or awards of damages (both to
persons and/or property), arising out of, or in any way resulting from, each of the Party’s
own negligent acts or omissions and breaches of this Agreement. No Party will be
required to indemnify, defend, or save harmless the other Party if the claim, suit, or action
for injuries, death, or damages (both to persons and/or property) is caused by the sole
negligence of the other Party, its officers, officials, employees, and agents, while acting
within the scope of their employment as such. Where such claims, suits, or actions result
AGENDA ITEM #6. e)
GCB 2274 Page 10 of 11
from the concurrent negligence of the Parties, the indemnity provided herein shall be valid
and enforceable only to the extent of a Party’s own negligence.
13.2 WSDOT and the CITY agree that their obligations under this Section extend to any claim,
demand, and/or cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, the Parties, by mutual negotiation, hereby waive, with respect to the
other Party only, any immunity that would otherwise be available against such claims
under the Industrial Insurance provisions of Title 51 RCW.
13.3 Each Party shall be responsible for their own attorneys’ fees, to enforce the provisions of
this Section.
13.4 This indemnification and waiver shall survive the termination of this Agreement.
14.0 AMENDMENT
14.1 Either Party may request modifications to this Agreement. Such modifications shall be
mutually agreed upon by written amendments and/or supplements to this Agreement.
14.2 No variation or alteration of the terms of this Agreement shall be valid unless made in
writing and signed by authorized representatives of the Parties hereto.
15.0 ALL WRITINGS CONTAINED HEREIN
15.1 This Agreement contains all the terms and conditions agreed upon by the Parties to this
Agreement.
15.2 No other understanding, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind any of the Parties hereto.
16.0 GOVERNANCE
16.1 This Agreement is entered into pursuant to, and under the authority granted by, the laws
of the State of Washington and applicable federal laws.
16.2 The provisions of this Agreement shall be construed to conform to those laws.
17.0 EFFECTIVENESS AND DURATION
17.1 This Agreement is effective upon execution by both Parties and shall remain in effect
through the design and construction of the Project.
18.0 SEVERABILITY
18.1 If any provision of this Agreement, or any provision of any document incorporated by
reference, shall be held invalid, such invalidity shall not affect the other provisions of this
Agreement that can be given effect without the invalid provision, if such remainder
conforms to the requirements of applicable law and the fundamental purpose of this
Agreement, and to this end the provisions of this Agreement are declared to be severable.
19.0 TERMINATION
19.1 This Agreement may be terminated by either Party with sixty (60) calendar days’ notice
and the written mutual consent of both Parties.
AGENDA ITEM #6. e)
GCB 2274 Page 11 of 11
20.0 VENUE
20.1 In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties hereto agree that any
such action or proceeding shall be brought in the superior court situated in Thurston
County, Washington, and only upon exhaustion of the dispute resolution process outlined
in Section 12 of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest date
written below:
CITY OF RENTON WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
By:
By:
Denis Law
Kim Henry
Mayor
ARA Design-Build & I-405/SR 167
Date:
Date:
APPROVED AS TO FORM APPROVED AS TO FORM
By:
By:
Printed:
Scott Lockwood
Title:
Assistant Attorney General
Date:
Date:
ATTEST
By:
Jason Seth
City Clerk
Date:
AGENDA ITEM #6. e)
GCB 2274 Page 1 of 1
Exhibit A
GCB 2274 Exhibit A
PROJECT DESCRIPTON
The Project shall construct two direct connector ramps, one in each direction, between the SR
167 HOT Lane and the I-405 HOV lane. These ramps shall connect northbound SR 167 to
northbound I-405 and shall connect southbound I-405 to southbound SR 167.
The freeway improvements shall include, but are not limited to, the following:
• Reconstructing sections of I-405 and SR 167 (including the SR 167 northbound to I-405
northbound ramp and the I-405 northbound to SR 167 southbound ramp) to open up the
medians to make room for the new direct connector ramp.
• Constructing HOT/HOV direct connector flyover bridge structure between SR 167 and I-405.
• Realigning the existing loop ramp from northbound I-405 to northbound SR 167 to
accommodate the SR 167 reconstruction.
• Widening and seismic retrofitting of the I-405 bridge over SR 515 (Bridge No. 405/016) or
alternatively, replacing the bridge. In both alternatives, SR 515 shall include six lanes, planter
strips, and sidewalks.
• Rehabilitating Portland Cement Concrete Pavement panels.
• Constructing retaining walls in various locations.
• Reconstructing a noise wall to the south of northbound I-405 between SR 167 and SR 515.
• Constructing an earthen embankment to the south of northbound I-405, west of SR 515.
• Constructing high performance concrete median barrier from the vicinity of I-405 MP 2.35 to
MP 3.05 and SR 167 MP 25.75 to MP 26.25.
• Constructing stormwater treatment and detention facilities.
• Replacing the existing Rolling Hills Creek fish barrier culvert in the vicinity of SR 167 MP 26.07
with a fish passable structure in the vicinity of SR 167 MP 25.93 that meets current stream
simulation requirements.
• Relocating and enhancing the Rolling Hills Creek stream channel along the east side of
SR 167 between the existing crossing in the vicinity of I-405 MP 2.34 and the new crossing in
the vicinity of SR 167 MP 25.93.
• Constructing mitigation to compensate for unavoidable impacts to streams and their
associated buffers.
• Providing floodplain storage mitigation in accordance with the permits and the agreement with
the City of Renton.
• Providing traffic elements such as signing, illumination, ITS, and Toll Infrastructure
components.
• Reconstructing local City of Renton streets, including South 14th Street and maintenance
access, related to the interchange improvements and I-405 / SR 167 widening.
• Reconstructing sidewalks along SR 515 where impacted by construction of foundations for
Bridge No. 405/16.
• Relocating facilities and utilities including, but not limited to, the City of Renton water mains.
AGENDA ITEM #6. e)
BEGIN PROJECT
BEGIN SB 167 PAVER CONSTRUCTION
SR 167 M.P. 21.31
•
520
11
\
BELLEVUE
• ..•-• ..
0
0 SB 167 TO 84TH AVE S
167 R1 02166
M.P. 0.04 -0.28
SB 167 TO S 212TH ST
167 R1 02264
M.P. 0.03 -0.17 11 '")1-_......_��-l;"""f1ENTON ::,<.:::::::::::,,�16E;s b....�a
*Br.167/128W
M.P. 21.31 -21.35
!
!
S 212TH ST TO SR 167 SB
167 S1 02191
M.P. 0.17 -0.45
-�---------------� --·------
*Br.167/129 'E-S
M.P. 0.13 -0.17
r, ' '
: '-, ... -I ---r-------------1 -�, ' \ ' ' ' \ ' ' ' ' ' ' ' '�------J I ' ' ' '' '' ' ' '
*Br.167/129 S-W
M.P. 0.12 -0.17
KENT
'' -----------------------------�-----------------------------------
INDEX
•
' ' '' ' ____________________ J
RENTON
*Br. 167/131.25
M.P. 23.64 -23.65
SW 43RD / S 180TH
SR 167 SB TO
167 R1 02473
M.P. 0.00 -0.09
•BRIDGE NOT INCLUDED, BUT STRIPE THROUGH.
SHEET NO. PLAN REFERENCE NO. TITLE SHEET NO. PLAN REFERENCE NO. TITLE
1 T1 INDEX AND VICINITY MAPS 39 - 44 ITS1 -ITS6 ITS PLAN
2 T2 GENERAL NOTES, LEGEND AND CURVE DATA 45 • 50 SN1 • SN6 SIGNING PLAN
3 • 4 RS1 • RS2 ROADWAY SECTIONS 51 -55 BR1 -BRS DC FLYOVER BRIDGE LAYOUT
5 • 10 AL1 • AL6 ALIGNMENT PLAN 56 • 59 BR6 • BR9 DC FLYOVER BRIDGE SECTIONS
11 • 16 PV1 -PV6 PAVING PLAN 60 BR10 BRIDGE 405116W FRAMING PLAN
17 • 22 EU1 • EU6 EXISTING UTILITIES 61 BR11 BRIDGE 405116E FRAMING PLAN
23 • 27 PR1 • PRS ROADWAY PROFILE & SUPERELEVATION 62 BR12 BRIDGE 405116 DEMOLITION PLAN
28 • 31 DR2 • DRS DRAINAGE PLAN 63 BR13 BRIDGE 405116 TYPICAL SECTIONS
SW 41ST ST
SW 41ST ST TO SR 167 SB
167 S1 02408
M.P. 0.31 -0.46
END SB 167
END SR 167 CONSTRUCTION
SR 167 M.P. 26.26
SB167 252+17.58 20.00" RT Bk.=
NB167 351+99.64 19.00' LT Bk.
E167A 10999+42.77 Ahd.
PAVER CONSTRUCTION
SR 167 M.P. 24.80
BEGIN SR 167 CONSTRUCTION
SR 167 M.P. 24.80
E 167 11075+06.33
e;�: ·'
2,-------------� FILE NAME c:lcaddllb\pw\azappel)S096_.05pti�.022l11167pr'IOOO_T01 n
32 • 37 MK1 • MK6 64 BR14 PAVEMENT MARKING PLAN BRIDGE 40S/16E & 16W ALTERNATE PLAN DATUM TIME 6:57:20 AM AD COPY DATE 12111/2015
PLOTTED BY
38 RWP1 � 15% CONCEPTUAL DESIGN ... , .... ov A.ZAPPE
§ RETAINING AND NOISE WALL PROFILES o 500 1000 (NAVDJ BB ENTERED BY x.DINC3 � NOT FOR CONSTRUCTION SCALE '" FEET CHECK,O "' Re"'"'"
e SR 167 / l-405
INTERCHANGE
10 AS
BEGIN 1-405 CONSTRUCTION
1-405 M.P. 2.32
E405 1186+58.96 Bk.=
NB405 1185+95.32, 18.84' LT. Ahd.
FED.AID PRDJ.NO.
END PROJECT
1-405 M.P. 3.96
NB405 1272+82.10
IIBAT'M.VrACO>IA IN'mf,NAflONAl. ·-·11 BEGIN PROJECT n M.P. 24.80 V::, (j
\ �v=
I ' � \( <, \
1-405 / SR 167 INTERCHANGE
DIRECT CONNECTOR
� PROJ. ENGR. R. FENTON ,....._ ... ,.. INDEX AND VICINITY MAPS
T1-•
��-------------�--------------------------------------------------------------------------------------------------�"='G=K>=NA=L=A=D•=·�L=E=N=G----�----�•=EV="'=°"�---��DA=TE��BY=--�------�-=••=•=•-=-�-�--'=·•=•-=-�-�--------�-------------�-�
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GC
B
2
2
7
4
Ex
h
i
b
i
t
C
Pa
g
e
2
o
f
5
AG
E
N
D
A
I
T
E
M
#
6
.
e
)
G
C
B
2
2
7
4
E
x
h
i
b
i
t
C
P
a
g
e
3
o
f
5
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GC
B
2
2
7
4
Ex
h
i
b
i
t
C
Pa
g
e
4
o
f
5
AG
E
N
D
A
I
T
E
M
#
6
.
e
)
G
C
B
2
2
7
4
E
x
h
i
b
i
t
C
P
a
g
e
5
o
f
5
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
GCB 2274
Exhibit D
Washington State Department of Transportation I-405 / SR 167 Interchange – Direct Connector Project
REQUEST FOR PROPOSAL Technical Requirements December 17, 2015
2.7.3.1.1 Pavement Sections
Local Agency Pavement
The compacted depths of new Local Agency pavement shall meet Local Agency design
requirements. If the Local Agency does not have design requirements, the minimum pavement
thickness shall be as shown below. The new pavement type shall match existing adjacent
pavement that is to remain:
E Valley Road:
o 0.85 foot HMA Class 1/2-inch, PG 64-22, over
o 0.65 foot CSBC.
Concrete travel lanes and shoulders:
o 0.75 foot PCCP with epoxy coated dowel bars, over
o 0.35 foot CSBC.
S 14th Street, other HMA travel lanes, truck parking, and driveways for truck traffic:
o 0.50 foot HMA Class 1/2-inch, PG 64-22, over
o 0.50 foot CSBC.
Shoulders:
o 0.35 foot HMA Class 1/2-inch, PG 64-22, over
o 0.65 foot CSBC.
HMA driveways and parking for passenger vehicles:
o 0.35 foot HMA Class 1/2-inch, PG 64-22, over
o 0.50 foot CSBC.
Concrete driveways or driveways in combination with concrete sidewalk shall be constructed in
accordance with the appropriate standard plan.
Miscellaneous Pavement
Minimum thickness for pavement not specified elsewhere in this Section, such as emergency
vehicle U-turn and maintenance access roads, that will carry vehicular traffic shall be as follows:
0.35 foot HMA Class 1/2-inch, PG 64-22, over
0.35 foot CSBC.
AGENDA ITEM #6. e)
$75,000
$45,000
$24,000
$35,000
subtotal $179,000
$21,184 [RECAP: $76.58/ton]
$7,061 [RECAP: $23/ton]
$55,167 [avg low bid $130]
$33,100 [avg low bid $35]
$16,000 [avg low bid $3615]
$52,960 [avg low bid $67]
$10,800 [avg low bid $1687]
$5,884 [RECAP: $21.14/cy]
$24,850
subtotal $227,006
TOTAL $406,006
$32,481
$60,901
$16,240
SF = 12,550 @ $11.74 $147,337
$662,965
HMA
CSBC
Δvolume x 2 tons/cy x $90/ton
length x $80/lf
ramps
stormwater pipe
6 each x $4000/e
GRAND TOTAL
luminaires & power lump sum
Contingency (4%)
Mob & Profit (15%)
Maintenance Access
luminaires & power
6 each x $1800/e
((length x 4 x 2) / 27 cf/cy) x $30/cy
lump sum
excavation
((length x 5 ft wide) / 9 sf/sy) x $150/sy
Δvolume x 2 tons/cy x $30/ton
sidewalk
Right of Way (see Parcel Value Analysis)
South 14th Street Mitigation Estimate
unit costs based on bid tab analysis for past year & June 2016
construction cost recap, adjusted upward for small quantities
PE (8%)
length x $50/lf
4 each x $4000/e
curb & gutter
catch basin
cross section and amenities not provided
amenities not provided
ESTIMATE
South 14th Street
sidewalk ((length x 5 ft wide) / 9 sf/sy) x $150/sy
curb & gutter length x $50/lf
ramps
GCB 2274 Exhibit E Cost Estimate Page 1 of 3
AGENDA ITEM #6. e)
feet
14MA LINE (Davis to Shattuck) 14+05 to 17+95 390
14ST LINE (Shattuck to Morris) 11+82 to 16+92 510
900
14MA LINE (Lake to Davis) 10+00 to 14+05 405
14MA-2 LINE (east of Morris) 22+98 to 25+55 257
extrapolated 662
Conceptual Plans -- RS2 (roadway sections) and AL4 (alignment)
Roadway Pavement Sections per RFP 2.7.3.1.1, Pavement Sections
width (ft) depth (ft)
18 0.50
12 0.35
Δ 6.0 0.15
cubic feet
1986
1191.6
Δ 3177.6
cubic yards
Δ ÷ 27 cf/cy 117.69
South 14th Street Mitigation Estimate
HMA & CSBC volume
Maintenance Access
Maintenance Access reduced geometry
width (Δwidth x length x depth) (6.0 x 662 x 0.50)
cross section (width x length x Δdepth) (12.0 x 662 x 0.15)
South 14th Street
NEW South 14th Street
NEW Maintenance Access
GEOMETRY
GCB 2274 Exhibit E Cost Estimate Page 2 of 3
AGENDA ITEM #6. e)
Pa
r
c
e
l
N
u
m
b
e
r
L
o
t
S
i
z
e
(
S
F
)
L
a
n
d
V
a
l
u
e
c
o
s
t
p
e
r
S
F
33
4
0
4
-
0
1
5
3
0
6,
1
2
0
$
8
0
,
0
0
0
$1
3
.
0
7
33
4
0
4
-
0
1
5
3
5
5,
7
8
2
$
8
0
,
0
0
0
$1
3
.
8
4
33
4
0
4
-
0
1
5
7
3
5,
3
1
8
$
8
0
,
0
0
0
$1
5
.
0
4
33
4
0
4
-
0
1
5
7
7
9,
1
3
5
$
1
0
4
,
0
0
0
$1
1
.
3
8
33
4
0
4
-
0
1
5
7
8
5,
8
8
2
$
8
0
,
0
0
0
$1
3
.
6
0
33
4
0
4
-
0
1
6
0
7
9,
0
3
1
$
8
5
,
0
0
0
$9
.
4
1
33
4
0
4
-
0
1
6
0
0
9,
6
3
1
$
8
5
,
0
0
0
$8
.
8
3
72
3
1
6
-
0
0
0
4
0
4,
6
7
8
$
7
4
,
0
0
0
$1
5
.
8
2
72
3
1
6
-
0
0
0
4
5
6,
0
0
0
$
8
0
,
0
0
0
$1
3
.
3
3
72
3
1
6
-
0
0
1
2
5
6,
0
0
0
$
8
0
,
0
0
0
$1
3
.
3
3
72
3
1
6
-
0
0
1
0
0
6,
0
0
0
$
8
0
,
0
0
0
$1
3
.
3
3
72
3
1
6
-
0
0
2
0
5
4,
0
0
0
$
7
4
,
0
0
0
$1
8
.
5
0
72
3
1
6
-
0
0
2
1
5
8,
0
0
0
$
8
0
,
0
0
0
$1
0
.
0
0
72
3
1
6
-
0
0
2
8
5
6,
0
0
0
$
8
0
,
0
0
0
$1
3
.
3
3
72
3
1
6
-
0
0
2
8
0
4,
0
0
0
$
7
4
,
0
0
0
$1
8
.
5
0
72
3
1
6
-
0
0
3
9
0
14
,
0
0
0
$
8
5
,
0
0
0
$6
.
0
7
72
3
1
6
-
0
0
4
0
0
6,
0
0
0
$
8
5
,
0
0
0
$1
4
.
1
7
72
3
1
6
-
0
0
4
6
0
8,
0
0
0
$
5
,
0
0
0
$0
.
6
3
72
3
1
6
-
0
0
4
4
5
12
,
0
0
0
$
1
0
,
0
0
0
$0
.
8
3
Av
e
r
a
g
e
$
/
S
F
$1
1
.
7
4
da
t
a
f
r
o
m
K
i
n
g
C
o
u
n
t
y
P
a
r
c
e
l
V
i
e
w
e
r
P
r
o
p
e
r
t
y
R
e
p
o
r
t
-
-
2
0
1
5
a
s
s
e
ssed values
PA
R
C
E
L
V
A
L
U
E
A
N
A
L
Y
S
I
S
So
u
t
h
1
4
t
h
S
t
r
e
e
t
M
i
t
i
g
a
t
i
o
n
E
s
t
i
m
a
t
e
Ri
g
h
t
o
f
W
a
y
Di
f
f
e
r
e
n
t
i
a
l
(
S
F
)
1,
6
5
0
3,
2
7
0
4,
6
0
0
12
,
5
5
0
18
0
58
5
1,
3
5
2
63
8
27
5
GC
B
2
2
7
4
E
x
h
i
b
i
t
E
C
o
s
t
E
st
i
m
a
t
e
P
ag
e
3
o
f
3
AGENDA ITEM #6. e)
NB167 LINE
SB167 LINE
DC-B LINE
DC-A LINE
LINE
DC-F
100 105
15
20
230
235
330
335
PB
PB
CV
T T
PB
W
W
W
W
W
W
W
W
W
SCALE IN FEET
0 50 100
SEC.19 T.23N. R.5E. W.M.
DR08
M
A
T
C
H
L
I
N
E
N
B
1
6
7
3
2
8
+
0
0
.
0
0
S
E
E
S
H
E
E
T
D
R
0
7
M
A
T
C
H
L
I
N
E
N
B
1
6
7
3
3
8
+
5
0
.
0
0
S
E
E
S
H
E
E
T
D
R
0
9
PRELIMINARY
NOT FOR CONSTRUCTION
DRAINAGE PLAN
J. TURCOTT
E. JACKSON
J. ZIGWEID
DR06
1
8
10
11
14
15
16
17
18
19
DR09
4
DRAINAGE REFERENCE SUMMARY
PROFILE/DETAIL SHEET(S)DESCRIPTION
TRUNK 3 DP02
TRUNK 7
TRUNK 8
TRUNK 4 DP02
DP03
DP03TRUNK 6
DP04TRUNK 7
1
TRUNK 3
3
2
4
5
7
6
TRUNK 4
9
TRUNK 5
TRUNK 6
13 12
TRUNK 5
TRUNK 8 DP04
REV A - PRELIMINARY REVIEW 1/27/16
DR07
2
NB SR 167
SB SR 167
FOR MFD DETAILS
SEE SHEET DD05
FILE NAME
TIME
DATE
DESIGNED BY
ENTERED BY
CHECKED BY
PROJ. ENGR.
REGIONAL ADM.REVISION DATE BY
SHEET
OF
SHEETS
Washington State
Department of Transportation
P.E. STAMP BOX P.E. STAMP BOX
DATE DATE
LOCATION NO.CONTRACT NO.
JOB NUMBER
REGION
NO.
STATE FED.AID PROJ.NO.
WASH
PLOTTED BY
PLAN REF NO
EJackson
1/23/2017
1:01:18 PM
c:\pwworking\nai\_x_ejackson\d0321992\C8811_PS_DR08.dgn
10
DIRECT CONNECTOR
I-405 / SR 167 INTERCHANGE
L. ENG
C. CHEN
C8811
LEGEND
REMOVED OR ABANDONED
EXISTING STORM TO BE-
BIOFILTRATION SWALE
COMPOST AMENDED-
DR01
1
1
CONTINUED
DRAINAGE STRUCTURE ID-
DRAINAGE STRUCTURE ID-
STORM SEWER PIPE-
UNDERDRAIN PIPE-
DRAIN PIPE-
CATCH BASIN-
GRATE INLET-
MANHOLE-
DRAINAGE DITCH-
MEDIA FILTER DRAIN-
DROP INLET-
A
G
E
N
D
A
I
T
E
M
#
6
.
e
)
AGENDA ITEM #6. e)
AGENDA ITEM #6. e)
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
SUBMITTAL REQUIREMENTS
CONSTRUCTION PERMIT APPLICATION
PER ORDINANCE NO. 4345
Planning Division | Development Engineering Section
1055 S Grady Way – Renton, WA 98057
Phone: (425) 430-7200 | www.rentonwa.gov
1.Fill out Construction Permit Application form and Construction Permit Cost Breakdown form.
It is required that you provide your best estimate on the cost of proposed improvements to
water (if the project has City of Renton water service), wastewater (if the project has City of
Renton wastewater service), stormwater, and transportation facilities, both on-site and off-
site.
2.Pay the inspection/approval fee, as determined on the attached Construction Permit Cost
Breakdown form, at the 6th floor Customer Service Counter of Renton City Hall. You may call
(425) 430-7266 beforehand to verify the fee. You will be given a receipt for the payment.
3.Deliver a copy of the inspection/approval fee receipt to the 6th floor Customer Service
Counter of Renton City Hall along with your sets of utility plans.
4.At permit issuance, a 3% Technology Surcharge Fee will be added to all permit fees. This fee
will NOT be collected at the time of plan submittal.
H:\CED\Data\Forms-Templates\Self-Help Handouts\Public Works\Construction Permit Application.docx 08/2015
1
AGENDA ITEM #6. e)
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
CONSTRUCTION PERMIT APPLICATION
Planning Division | Development Engineering Section
Phone: (425) 430-7200 | www.rentonwa.gov
☐ New Building ☐ Addition to Existing ☐ Tenant Improvement
Project Address:
Work Description:
King County Tax Assessor Number:
Legal Description:
Square Footage of Entire site Impervious Area
Property Owner:
Address:
City/State/Zip: Phone/Fax:
Applicant:
Address:
City/State/Zip: Phone/Fax:
When applying for redevelopment, credit
Water meter size: Account No:
Information provided by Utility Billing (425) 430-6852
This application does not constitute a permit to work.
Work is not to commence until a construction permit is issued.
I certify that the information on this application is accurate to the best of my knowledge and I will be
responsible for any additional fees resulting from a different valuation.
Print Name Signature Date
H:\CED\Data\Forms-Templates\Self-Help Handouts\Public Works\Construction Permit Application.docx 08/2015
2
AGENDA ITEM #6. e)
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
DEVELOPMENT ENGINEERING CONSTRUCTION PERMIT INSPECTION/APPROVAL
FEE CALCULATION WORKSHEET
50% INSPECTION/APPROVAL FEES PER ORDINANCE NO. 4345
PROJECT NAME:
1.Estimate the total cost of offsite and onsite improvements for water lines (for City of Renton water
service), sewer lines (for City of Renton sewer service), stormwater facilities, and roadway improvements
for your project. Enter estimated costs in items (A) through (D) below.
(A) Water $
(B) Sewer $
(C) Stormwater $
(Includes On-Site Pavement)
(D) Roadway $
(Street, sidewalks, street lighting, etc.)
(E) Total Improvements $
(A) + (B) + (C) + (D) = (E)
2.Calculate 50% inspection/approval fee for total improvements, as follows:
(F) 3% of First $150,000 of (E) $
(G) 2.5% of over $150,000 but $
less than $300,000 of (E)
(H) 2% of over $300,000 of (E) $
(I) Total 50% Inspection/Approval $
Fee: (F) + (G) + (H) = (I)
3.Breakdown of 50% Inspection/Approval Fees is performed as follows:
(J) 50% Water Fee $
((A) ÷ (E)) x (I) = (J)
(K) 50% Sewer Fee $
((B) ÷ (E)) x (I) = (K)
(L) 50% Stormwater Fee $
((C) ÷ (E)) x (I) = (L)
(M) 50% Roadway Fee: $
((D) ÷ (E)) x (I) = (M)
4.Check: Make sure (J) + (K) + (L) + (M) = (I)
H:\CED\Data\Forms-Templates\Self-Help Handouts\Public Works\Construction Permit Application.docx 08/2015
3
AGENDA ITEM #6. e)
AB - 1926
City Council Regular Meeting - 12 Jun 2017
SUBJECT/TITLE: Utility Agreement with Washington State Department of
Transportation for Water Main Relocations at SR 167 for the I-405/SR
167 Interchange Direct Connector Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Vicki Grover, Transportation Planning Manager
EXT.: 7393
FISCAL IMPACT SUMMARY:
UTB 1219 will generate an estimated expenditure of $136,630.
SUMMARY OF ACTION:
The Washington State Department of Transportation (WSDOT) I-405/SR 167 Interchange Direct Connector
Project began construction last fall and will construct a flyover HOV lane in each direction between I -405 and
SR 167.
WSDOT’s project to expand the I-405 and SR 167 corridors is in conflict with a portion of the City’s water
system. The affected portion of the system needs to be relocated. UTB 1219 addresses the water line
relocation along the SR 167 corridor. This agreement allows City staff to coordinate with WSDOT and
participate in the design build process that will resolve the conflict between the water system and the project.
It is of mutual benefit to the City and WSDOT to enter into the utility agreement that will outline the design
build process and scope of work and also be able to include the utility rights and the state’s obligations. The
cost to the City to relocate the water line along SR 167 will be $136,630.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Utility Agreement UTB 1219 with the Washington State
Department of Transportation for the I-405/SR 167 Interchange Direct Connector Project.
AGENDA ITEM #6. f)
UTB 1219 Page 1 of 6
Utility Agreement
Design-Build Utility Relocation
Shared Cost
Utility Name and Address
City of Renton
Renton City Hall
1055 South Grady Way
Renton, WA 98057
Agreement Number
UTB 1219
Region
Northwest
Project Title / Location
I-405, SR 167 Interchange Direct Connector
SR 167 MP 25.94 – 12” & 16” Water Main
Relocations Control Section
174303
State Route
405
Mileposts
From 02.25 To 03.74
Estimated Agreement Amount
$136,630
Advance Payment Amount
$
State Share Amount
n/a %
Utility Share Amount
n/a %
This Utility Agreement is made and entered into between the W ashington State Department of Transportation (STATE)
and the above named UTILITY.
W HEREAS, the STATE is planning the construction or improvement of the State Route as shown above for the
identified STATE Project (DB Project), and in connection therewith, it is necessary to remove and/or relocate and/or
construct certain UTILITY facilities (W ork), and
W HEREAS, the DB Project will be delivered by a STATE design-build contractor (DB Contractor), and
W HEREAS, the STATE is responsible for the cost of the W ork affecting the UTILITY’s facilities located pursuant to a
documented ownership of and/or interest in real property, such as an easement, fee title, or court finding of prescriptive
right, which is impacted by the DB Project, and
W HEREAS, the W ork shall be defined as all materials, equipment, labor, contract administration and any other effort
required to perform the relocation, construction, and/or removal of the UTILITY’s facilities, and
WHEREAS, the STATE and UTILITY dispute the extent of the UTILITY’S property rights and the STATE’S obligation
to pay for all Work, and
WHEREAS, the STATE and UTILITY have agreed to a compromise to resolve the dispute and such compromise
requires the City to pay a fixed sum in the amount of $136,630 for the Work, with no adjustments or additional charges
to be paid by the UTILITY for the W ork, and
W HEREAS, it is deemed to be in the best public interest for the STATE to include the W ork in the STATE’s DB Project
to be performed by the DB Contractor,
NOW , THEREFORE, pursuant to RCW 47.01.210 and chapter 47.44 RCW , the above recitals that are incorporated
herein as if fully set forth below, and in consideration of the terms, conditions, covenants, and performances contained
herein, as well as the attached Exhibits A, B, and C, which are incorporated and made a part hereof,
IT IS M UTUALLY AGREED AS FOLLOWS:
1. PLANS, SPECIFICATIONS AND BIDS
1.1 The STATE, acting on behalf of the UTILITY, agrees to perform the UTILITY facilities W ork through its DB
Contractor and in accordance with Exhibit A, Special Provisions and Scope of Work, and Exhibit B, Conceptual
Plans. The STATE will incorporate the Conceptual Plans and Special Provisions into the STATE DB Project in
accordance with UTILITY requirements. The UTILITY agrees that it is solely responsible for insuring that all
Special Provisions, Plans, and UTILITY standards are met and that it has supplied the STATE with all applicable
AGENDA ITEM #6. f)
UTB 1219 Page 2 of 6
standards, codes, regulations, or any other requirements the UTILITY is obligated to meet, unless otherwise
noted.
1.2 The UTILITY provided the preliminary Special Provisions and Scope of Work (Exhibit A) and Conceptual Plans
(Exhibit B) that will be incorporated into the DB Project. The STATE advertised the W ork and DB Project for bids.
The STATE was the UTILITY’s representative during the advertisement and award period.
1.3 The DB Project will be completed using the design-build method of project delivery. The final plans and
specifications for the Work will be prepared by the DB Contractor in accordance with the STATE’s current
Standard Specifications for Road, Bridge, and Municipal Construction, and adopted design standards, unless
otherwise noted, as well as the preliminary Special Provisions and Scope of Work, and Conceptual Plans, Exhibit
A and Exhibit B, respectively. The STATE will direct the DB Contractor to complete the utility relocation design
in accordance with such plans and specifications and Section 1.4 herein.
1.4 The UTILITY agrees to meet with the DB Contractor as necessary to complete the design of the water main
relocation Work. The UTILITY shall inform the STATE of all such meetings and the STATE shall have the
opportunity to attend said meetings at the STATE’s discretion. The STATE shall require the DB Contractor to
provide the UTILITY with the final proposed water main relocation plans and specifications for the Work.
Thereafter, the UTILITY agrees to review said plans and specifications and agrees to provide written notification
to the STATE and DB Contractor within ten (10) working days after receipt whether the UTILITY approves or
has further comments on said plans and specifications. The UTILITY shall have final approval authority over any
plans and specifications for the water main relocation and agrees to work in good faith with the DB Contractor
to resolve all issues.
1.5 Any change to the STATE DB Project that may affect the UTILITY’s facilities must be approved by the UTILITY.
2. CONSTRUCTION, INSPECTION, AND ACCEPTANCE
2.1 The STATE agrees to administer the Work on behalf of the UTILITY.
2.2 The UTILITY agrees to disconnect and/or reconnect its facilities as required by the STATE’s DB Contractor when
such disconnection or reconnection is required to be performed by the UTILITY. The disconnect and/or
reconnection requirements, including notification and response, are set forth in Exhibit A. UTILITY facilities not
removed pursuant to this Agreement shall remain the ownership, operation, and maintenance responsibility of
the UTILITY.
2.3 Salvage: All materials removed by the DB Contractor shall be reclaimed or disposed of by the STATE and shall
become the property of the STATE. If the UTILITY desires to retain such materials and the STATE agrees, the
value of salvaged materials will be paid to the STATE in an amount not less than that required by the Program
Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects.
2.4 The UTILITY may furnish an inspector for the W ork. The UTILITY’s inspector shall not directly contact the
STATE’s DB Contractor while performing inspection work. All contact between the UTILITY’s inspector and the
DB Contractor shall be through the STATE’s representatives. The STATE’s Project Construction Engineer may
require the removal and/or replacement of the UTILITY’s inspector if the inspector interferes with the DB Project,
DB Contractor, and/or the Work.
2.5 The STATE shall promptly notify the UTILITY in writing when the W ork is completed.
2.6 The UTILITY shall, within thirty (30) working days of being notified that the Work is completed: (a) deliver a letter
of acceptance to the STATE which shall include a release and waiver of all future claims or demands resulting
from the STATE’s administration thereof, or (b) deliver to the STATE written reasons why the W ork does not
comply with the previously approved plans and specifications as provided in Section 1.4. The release and waiver
AGENDA ITEM #6. f)
UTB 1219 Page 3 of 6
shall not affect the UTILITY’S ability to make warranty claims for later discovered defective work.
2.7 If the UTILITY does not respond within thirty (30) working days as provided in section 2.6, the Work and the
STATE’s administration thereof will be deemed accepted by the UTILITY.
2.8 Upon completion and acceptance of the Work pursuant to Sections 2.6 or 2.7, the UTILITY agrees that it shall
be solely responsible for all future ownership, operation, and maintenance costs of its facilities, without STATE
liability or expense, except the State warrants the Work to the full extent the Work is warranted by the DB
Contractor, including but not limited to the General Warranty described in Section 1-05.16 of the DB Project’s
Request for Proposal.
2.9 The STATE will require the DB Contractor to prepare the final construction documentation in general
conformance with the STATE’s Construction Manual. The STATE will require the DB Contractor to maintain one
set of plans as the official "as-built" set, then make notations in red of all plan revisions typically recorded per
standard STATE practice, as directed by the STATE’s Construction Manual. Once the UTILITY has accepted
the W ork per Section 2.6 or 2.7, the STATE upon request by the UTILITY will provide one reproducible set of
Work as-builts to the UTILITY.
3. PAYMENT
3.1 The UTILITY agrees that it shall be responsible for the costs associated with the Work for Work where the
UTILITY does not have a documented ownership of and/or interest in real property, such as an easement, fee
title, or a court finding of prescriptive right for its facilities. The cost of this W ork is One Hundred Thirty-Six
Thousand Six Hundred Thirty Dollars ($136,630).
3.2 The STATE agrees that it shall be responsible for the cost of all Work where the UTILITY does have a
documented ownership of and/or interest in real property, such as an easement, fee title, or a court finding of
prescriptive right for its facilities. Consistent with the Section 10.3 of the Cooperative Agreement between the Parties
numbered GCB 2274, all UTILITY permit and inspection fees shall be paid by the STATE.
3.3 The Parties acknowledge and agree that the STATE does not have the legal authority to advance state funds
for the UTILITY’s portion of the cost of the W ork under this Agreement. Should the UTILITY fail to make payment
according to the terms of this Agreement, the STATE shall have the right to terminate this Agreement, charging
the UTILITY for all associated costs of termination, including non-cancellable items, as well as associated DB
Project delay and DB Contractor claims.
3.4 The UTILITY, in consideration of the faithful performance of the Work to be done by the STATE and/or the
STATE’s DB Contractor, agrees to pay the STATE for the negotiated actual direct and related indirect cost of all
Work for which the UTILITY is responsible, including mobilization, construction engineering, contract
administration and overhead costs. The STATE shall invoice the UTILITY and provide supporting documentation
therefore, and the UTILITY agrees to pay the STATE within thirty (30) calendar days of receipt of an invoice. A
partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of final
payment, the Parties will resolve any discrepancies.
4. CHANGE IN WORK OR COST INCREASE
4.1 Increase in Cost: In the event unforeseen conditions require an increase in the cost of the W ork for which the
UTILITY is responsible, Exhibit C, Cost Estimate, (including sales tax, engineering, and contingencies) by more
than five (5) percent, the Parties agree to modify Exhibit C to include such cost increase.
4.2 If the STATE determines that additional Work or a change in the W ork is required, prior written approval must
be secured from the UTILITY; however, where the change is required to mitigate a DB Project emergency or
safety threat to the traveling public, the STATE will direct the change without the UTILITY’s prior written approval.
AGENDA ITEM #6. f)
UTB 1219 Page 4 of 6
The STATE will notify the UTILITY of such change as soon as possible thereafter. The UTILITY agrees to
respond to all STATE change order requests in writing and within the time limits identified in Exhibit A. The
UTILITY agrees to pay all change order W ork costs for which it is responsible, as well as the costs of DB Project
or W ork delays and/or subsequent DB Contractor claims associated with the UTILITY’s failure to timely respond
as required.
4.3 The UTILITY may request additions to the Work through the STATE in writing. The STATE will implement the
requested changes as elective changes, provided that a change does not negatively impact the STATE’s
transportation system and complies with the Standard Specifications, DB Project permits, state and/or federal
law, applicable rules and/or regulations, and/or STATE design policies, and does not unreasonably delay
critically scheduled DB Project contract activities.
4.4 All elective changes to the Work shall be approved in writing by the UTILITY before the STATE directs the DB
Contractor to implement the changes, even if an executed change order is not required by the DB Project
contract. The UTILITY agrees to pay for the increases in cost, if any, for such elective changes in accordance
with Section 3.
4.5 The STATE will make available to the UTILITY all change order documentation related to the Work.
5. RIGHT OF ENTRY
5.1 The UTILITY hereby grants to the STATE, the DB Contractor, subcontractors and employees and agents a right
of entry onto all lands in which it has an interest for construction of the W ork as finalized pursuant to Section
1.4. Upon completion and acceptance of the Work, this right of entry shall terminate.
5.2 The UTILITY agrees to arrange for rights of entry upon all privately owned lands upon which the UTILITY has
an easement, documented property interest, or permit that are necessary to perform the W ork. The UTILITY
also agrees to obtain all necessary permissions for the STATE, the DB Contractor, subcontractors, employees
and/or agents to perform the Work on such lands, which may include reasonable use restrictions on those lands.
The UTILITY agrees to provide the rights of entry and applicable permissions to the STATE within thirty (30)
calendar days of entering into this Agreement. Upon completion of the Work on such lands, the rights of entry
and permissions shall terminate.
6. GENERAL PROVISIONS
6.1 Indemnification: To the extent authorized by law, the UTILITY and STATE shall indemnify and hold harmless
one another and their employees and/or officers from and shall process and defend at its own expense any and
all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to persons and/or property),
or costs, of whatsoever kind or nature, brought against the one Party arising out of, in connection with, or incident
to the other Party’s performance or failure to perform any aspect of this Agreement; provided however, that if
such claims are caused by or result from the concurrent negligence of (a) the UTILITY and its employees and/or
agents and (b) the STATE and its employees and/or agents, or involves those actions covered by RCW 4.24.115,
this indemnity provision shall be valid and enforceable only to the extent of the negligence of the UTILITY or
STATE, and provided further, that nothing herein shall require the UTILITY or STATE to hold harmless or defend
the other or its employees and/or agents from any claims arising from that Party’s sole negligence or that of its
employees and/or agents. FURTHER BY MUTUAL NEGOTIATION, the Parties agree that their obligations under
this Section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees
or agents while occupying land as identified in Section 5 or performing Work on such lands pursuant to this
Agreement; therefore, the Parties waive with respect to one another only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of chapter 51.12 RCW. The terms of this
section shall survive the termination of this Agreement.
6.2 Disputes: If a dispute occurs between the UTILITY and the STATE at any time during the performance of the
AGENDA ITEM #6. f)
UTB 1219 Page 5 of 6
Work, the Parties agree to negotiate at the management level to resolve any issues. Should such negotiations
fail to produce a satisfactory resolution, the Parties agree to enter into arbitration and/or mediation before
proceeding to any other legal remedy. Each Party shall be responsible for its own fees and costs. The Parties
agree to equally share in the cost of a mediator or arbiter.
6.3 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any
right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be
brought in the superior court situated in Thurston County, W ashington. Further, the Parties agree that each shall
be responsible for its own attorneys’ fees and costs.
6.4 Termination: Neither the STATE nor the UTILITY may terminate this Agreement without the written concurrence
of the other Party. Should the UTILITY terminate this Agreement prior to the fulfillment of the terms stated herein,
the UTILITY agrees to reimburse the STATE for all actual direct and related indirect expenses and costs,
including mobilization, construction engineering, contract administration and overhead costs, incurred up to the
date of termination, as well as the cost of non-cancelable obligations, work order close out costs, and
documentation finalization costs, DB Project delays, and DB Contractor claims associated with the UTILITY’s
Agreement termination. Payments shall be made pursuant to the provisions of Section 3.
6.5 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such amendments or
modifications shall not be binding unless put in writing and signed by persons authorized to bind each of the
Parties.
6.6 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and the
employees of each Party and any of its contractors, subcontractors, consultants, and the employees thereof,
shall not in any manner be deemed to be the employees of the other Party.
6.7 Audit and Records: During the progress of the Work and for a period of not less than three (3) years from the
date of final payment, both Parties shall maintain the records and accounts pertaining to the W ork and shall
make them available during normal business hours and as often as necessary, for inspection and audit by the
other Party, State of Washington, and/or Federal Government and copies of all records, accounts, documents
or other data pertaining to the Work will be furnished upon request. The requesting Party shall pay the cost of
copies produced. The Parties recognize that the DB Project and Work, including Work performed by the UTILITY, is
subject to audit by the UTILITY, state of Washington, and/or the federal government. If any litigation, claim or audit is
commenced, the records and accounts along with supporting documentation shall be retained until any litigation,
claim or audit finding has been resolved even though such litigation, claim or audit continues past the three-year
retention period.
6.8 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding Washington
State holidays per RCW 1.16.050.
AGENDA ITEM #6. f)
UTB 1219 Page 6 of 6
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year last written below.
UTILITY WASHINGTON ST AT E DEPARTM ENT OF TRANSPORT ATION
By By
Name Name
Title Title ARA Design-Build & I-405 / SR 167
Date Date
Approved As to Form Approved As to Form
By By
City Attorney Assistant Attorney General
Date Date
AGENDA ITEM #6. f)
Utility Construction Agreement
UTB 1219
EXHIBIT A
SPECIAL PROVISIONS
I-405, SR 167 INTERCHANGE DIRECT CONECTOR
SR 167 Mile Post 25.94 – 12” & 16” Water Main Relocations
CITY OF RENTON AMENDMENTS
TO THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT)
2014 STANDARD SPECIFICATIONS FOR ROAD, BRIDGE, AND MUNICIPAL
CONSTRUCTION
The following special provisions include amendments to WSDOT 2014 Standard Specifications
for Road, Bridge, and Municipal Construction are made a part of this contract and supersede any
conflicting provisions of the Standard Specifications.
SECTION 7-09 WATER MAINS
7-09.3(15) Laying of Pipes on Curves
7-09.3(15)A Ductile Iron Pipe
Section 7-09.3(15)A is supplemented and revised as follows:
On long radius curves (500 feet or more), either horizontal or vertical, pipe may be installed with
standard pipe by deflecting the joints. If the pipe is shown curved on the Drawings and no special
fittings are shown, the Contractor can assume that the curves can be made by deflecting the joints
with standard lengths of pipe. If shorter lengths are required, the Drawings will indicate maximum
lengths that can be used. The amount of deflection at each pipe joint when pipe is installed on a
horizontal or vertical curve shall not exceed 50 % of the manufacturer’s printed recommended
deflections. The Contractor shall submit to the Engineer the pipe manufacturer's joint deflection
recommendations prior to pipe installation indicating deflections are within allowable AWWA
specification tolerances.
Where field conditions require deflection or curves not anticipated on the Drawings, the Engineer
will determine the methods to be used.
When rubber gasketed pipe is installed on a curve, the pipe shall be jointed in a straight alignment
and then deflected to the curved alignment. Trenches shall be made wider on curves for this
purpose.
Where pipe installation on curves requires the use of special fittings, concrete blocking shall be
used per Section 7-09.3(21).
Where restrained joint pipe is installed on a curve, the Contractor shall submit the pipe
manufacturer’s recommendations to the Engineer for approval.
7-09.3(15)B Polyvinyl Chloride (PVC) Pipe (4 inches and Over)
Section 7-09.3(15)B is revised and supplemented as follows:
Polyvinyl Chloride (PVC) Pipe shall not be used for water mains and appurtenances.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 2 of 14
7-09.3(17) Laying Ductile Iron Pipe and Fittings with Polyethylene Encasement
The title and text of section 7-09.3(17) is supplemented and revised as follows:
The Contractor shall lay all ductile iron pipe and fittings with a polyethylene encasement. Pipe
and polyethylene encasement shall be installed in accordance with AWWA C105. The
polyethylene encasement shall also be installed on all appurtenances, such as pipe laterals,
couplings, fittings, and valves, with black color, tube-type, 8-mil polyethylene plastic in
accordance with AWWA C105. The polyethylene wrap shall be tube type and black color. Any
damage that occurs to the wrap shall be repaired in accordance with ANSI/AWWA C105/A21.5-
93.
7-09.3(17)A Installing Restrained Joint Pipe
Section 7-09.3(17)A is a new section:
Restrained joint Water Main shall be installed as shown on the Drawings and lay plan. The
Contractor shall submit a Water Main lay plan and the manufacturer’s recommendations to the
Engineer at least 20 working days prior to pipe installation. This work shall include all
equipment necessary to complete the work.
The restrained joint Water Main shall be fully extended by pulling on the joint after the
installation of the pipe segments as recommended by the manufacturer of the restrained joint
pipe, unless stated otherwise in the Drawings or Specifications. When newly installed Water
Main is pressurized, bending or buckling will not be allowed.
Where adjustment of the Water Main line and grade is required to avoid existing or planned
facilities, the use of mechanically jointed fittings may be used with Wedge Restraint Glands to
make the needed changes. Submit change requests to the Engineer for approval prior to
installation.
7-09.3(19) Connections
7-09.3(19)A Connections to Existing Mains
Section 7-09.3(19)A is supplemented and revised as follows:
The Contractor shall not operate any valve on an existing water main.
Connections to the existing water main shall not be made without first making the necessary
arrangements with the Engineer in advance. The Contractor shall request water main shut-offs
for connections of new water mains to existing water mains at least ten (10) working days in
advance for each connection requiring a cutting of the existing water main.
City staff will notify in writing all water customers affected by the shut-offs of the water mains at
least 48 hours in advance (not including weekends and holidays) of any water shut-offs.
The Contractor may be required to perform the connection during times other than normal
working hours. Water main shut-offs shall not occur in the five (5) weekdays preceding nor the
day after the major holidays listed below:
• Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas, New Year’s Day
Due to the needs of various water customers in the project vicinity, water shut-off periods are
limited to the times set forth below:
Days Hours
Monday to Thursday 9:00 AM TO 3:00 PM
Friday to Sunday DO NOT SCHEDULE
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 3 of 14
Water main shut-offs shall occur during non-holiday weekdays unless otherwise specified in the
contract documents.
The City of Renton’s Water Utility Manager and/or Water Maintenance Manager, at their sole
discretion, may adjust the above shut-off periods in order to address specific project
circumstances and customer needs. No water main shutoffs affecting public schools will be
allowed during scheduled school hours. The City reserves the right to re-schedule the
connection if the work area is not ready at the scheduled time for the connection.
The City of Renton Water Maintenance and Operation personnel will make all connections to
existing water mains and will operate all valves to accomplish the shut-offs of the water mains
and for subsequent reactivation. The draining of existing water mains will be done by City water
maintenance staff. The Contractor shall provide pumping and disposal of the water from the
draining of the existing water mains including de-chlorination.
Points of connection to existing water mains shall be exposed prior to trenching of the new
water mains. Before the installation of the new water mains, the Contractor shall field verify, in
the presence of the Engineer, the actual location and depth of the existing water mains where
new connections will be made to assure proper fit. After excavation, the Contractor shall verify
the dimensions, type, condition, and roundness (16-inch pipe diameter and larger) of the
exposed water main. The Contractor shall immediately notify the Engineer if the connection
cannot be made as specified by the Contract Plans in order that the connection detail may be
revised. When necessary, the profile shall be adjusted as directed by the Engineer to prevent
abrupt changes in grade and alignment of the water main and connection.
The Contractor shall provide all saw-cutting, removal and disposal of existing surface
improvements, excavation, haul and disposal of unsuitable materials, shoring, de-watering,
foundation material, at the connection areas before the scheduled time for the connection by the
City. The Contractor shall provide all materials necessary for the City Water Maintenance
personnel to install all connections to existing water mains as indicated on the contract plans,
including but not limited to the required fittings, couplings, pipe spools, shackle materials to
complete the connections. The City will cut the existing water mains and assemble all
materials.
Connections to existing water mains shall be done in two (2) steps:
Step 1: Cut-in of existing water main for installation of in-line tee, valves, fittings and
appurtenances
The Contractor shall provide all materials necessary for the City Water Maintenance personnel
to cut the existing water main as indicated on the contract plans for the installation of the in-line
tee and valves, including but not limited to the required fittings, couplings, pipe spools, shackle
materials to complete the cut-in. After the cut-in of the in-line tee and valves by City personnel,
the Contractor shall provide and install concrete blocking and polyethylene encasement behind
the tee and other fittings. A minimum 3-day curing period is for all concrete blockings before a
connection can be made to the new water mains.
Step 2: Connection of new water main to the above cut-in tee and valves on existing water
mains
After allowing a minimum 3-day curing period for all concrete thrust blocks, the Contractor shall
provide all materials necessary for the City Water Maintenance personnel to connect the new
water main to the previously cut-in tee and valves as indicated on the contract plans, including
but not limited to the required fittings, couplings, pipe spools, shackle materials to complete the
connection.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 4 of 14
7-09.3(21) Concrete Thrust Blocking and Dead-Man Block
Section 7-09.3(21) is supplemented and revised as follows:
Concrete thrust blocking shall be placed at bends, tees, dead ends, crosses and on other
fittings in conformance to the City of Renton Standards Plans, latest revisions. Blocking shall be
Class 3000, poured in place, in accordance with Section 6.02.3(2)B Commercial Concrete of the
Standards Specifications. Hand-mixed concrete or mobile concrete mixers are not allowed.
All fittings to be blocked shall be wrapped with 8-mil polyethylene plastic. Concrete blocking
shall bear against solid undisturbed earth at the sides and bottom of the trench excavation and
shall be shaped and properly formed with plywood or other acceptable forming materials so as
not to obstruct access to the joints of the pipe, bolts or fittings. The forms shall be removed prior
to backfilling.
Joint restraint (shackle rods), where required, shall be installed in accordance with Section 7-
11.3(15).
Provide concrete dead-man blocks at locations shown on the plans. The dead-man block shall
include reinforcing steel Grade 40 or better, shackle rods, installation and removal of formwork.
The Contractor shall provide the Engineer at least 1 Working Day advance notice before
pouring concrete thrust blocking and 1 Working Day advance notice for inspection and approval
of all concrete blocking prior to backfilling.
7-09.3(23) Hydrostatic Pressure Test
Section 7-09.3(23) is supplemented and revised as follows:
The Contractor shall obtain a hydrant meter with an attached backflow prevention device from
the City to draw water from the City’ water system to fill the water mains for testing, cleaning,
disinfection and for subsequent flushing purposes. The contract shall obtain a hydrant permit
from the City by completing a permit application and making the required security deposits.
There will be a charge for the water used for filling, testing, cleaning and disinfection of the
water mains.
Before applying the specified test pressure, air shall be expelled completely from the pipe,
valves and hydrants. If permanent air vents are not located at all high points, the contractor
shall install corporation cocks at such points so that the air can be expelled as the line is filled
with water. After all the air has been expelled, the corporation cocks shall be closed and the test
pressure applied. At the conclusion of the pressure test, the corporation cocks shall be
removed and plugged.
The Contractor, prior to notifying the Engineer to witness and record the pressure test, shall
have set up beforehand and successfully performed the pressure test to make certain that the
pipe is in acceptable condition. The Contractor shall then notify the Engineer at least 2 Working
Days before recording and conducting the test. The Contractor shall furnish and install
temporary blocking as required for pressure testing. Upon successful testing, temporary
blocking shall be removed.
The water main including related appurtenances and service connections to the meter setters
shall be tested in sections of convenient length under a hydrostatic pressure equal to 150 psi in
excess of that under which they will operate or in no case shall the test pressure be less than
225 psi at the highest point.
Acceptability of the hydrostatic test will be determined by two factors, as follows:
1. The loss in pressure shall not exceed 5 psi during the 2 hour test period.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 5 of 14
2. The quantity of water lost from the main shall not exceed the number of gallons per
hour as listed in the following table.
The quantity of water required to restore the pressure shall be accurately determined by either
1) pumping from an open container of suitable size such that accurate volume measurements
can be made by the Owner or, 2) by pumping through a positive displacement water meter with
a sweep unit hand registering 1 gallon per revolution. The meter shall be approved by the
Engineer.
Allowable leakage per 1000 ft. of pipeline* in GPH
Nominal Pipe Diameter in inches
PSI 6" 8" 10" 12" 16" 20" 24"
450 0.95 1.27 1.59 1.91 2.55 3.18 3.82
400 0.90 1.20 1.50 1.80 2.40 3.00 3.60
350 0.84 1.12 1.40 1.69 2.25 2.81 3.37
275 0.75 1.00 1.24 1.49 1.99 2.49 2.99
250 0.71 0.95 1.19 1.42 1.90 2.37 2.85
225 0.68 0.90 1.13 1.35 1.80 2.25 2.70
200 0.64 0.85 1.06 1.28 1.70 2.12 2.55
*If the pipeline under test contains sections of various diameters, the allowable leakage will
be the sum of the computed leakage for each size. For those diameters or pressures not
listed, the formula below shall be used:
The quantity of water lost from the main shall not exceed the number of gallons per hour as
determined by the formula:
L=SD√P
266,400
where:
L = Allowable leakage, gallons/hour
S = Gross length of pipe tested, feet
D = Nominal diameter of the pipe in inches
P = Test pressure during the leakage test, psi
7-09.3(24)A Flushing and "Poly-pigging"
Section 7-09.3(24)A shall be revised and supplemented as follows:
Sections of pipe to be disinfected shall first be poly-pigged to remove any solids or
contaminated material that may have become lodged in the pipe. If the main cannot be "poly-
pigged", then a tap shall be provided large enough to develop a velocity of at least 2.5 fps in the
main.
The "Poly-pig" shall be equal to Girard Industries Aqua-Swab-AS, 2lb/cu-ft density foam with
90A durometer urethane rubber coating on the rear of the "Poly-pig" only. The "Poly-pig" shall
be cylinder shaped with bullet nose or squared end.
The paragraph stating: “Where dry calcium hypochlorite is used for disinfection of the pipe,
flushing shall be done after disinfection.” is deleted.
Dechlorination of all water used for disinfection shall be accomplished in accordance with the
City of Renton Standard Details. Water containing chlorine residual in excess of that carried in
the existing water system, shall not be disposed into the storm drainage system or any water
way.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 6 of 14
7-09.3(24)D Dry Calcium Hypochlorite
Section 7-09.3(24)D has been replaced with:
Dry calcium hypochlorite shall not be placed in the pipe as laid.
7-09.3(24)K Retention Period
Section 7-09.3(24)K is supplemented and revised as follows:
Treated water shall be retained in the pipe at least 24 hours but no longer than 48 hours. After
this period, the chlorine residual at pipe extremities and at other representative points shall be at
least 25 mg/l.
7-09.3(24)N Final Flushing and Testing
Section 7-09.3(24)N is supplemented and revised as follows:
Before placing the lines into service, a satisfactory report shall be received from the local or
State health department or an approved testing lab on samples collected from representative
points in the new system. Samples will be collected and bacteriological tests obtained by the
Engineer.
7-09.3(25) Shackle Rods Joint Restraint Systems
Section 7-09.3(25) is a new additional section:
General:
Where shackle rods joint restraint systems are shown on the contract plans, specifications and
standard plans or when required by the Engineer, the joint restraint materials used shall be
those manufactured by Star National Products, unless an equal alternate is approved in writing
by the Engineer.
Materials:
Steel types used shall be:
High strength low-alloy steel (cor-ten), ASTM A242, heat-treated, superstar "SST" series.
High strength low-alloy steel (cor-ten), ASTM A242, superstar "SS" series.
Items to be galvanized are to meet the following requirements:
ASTM A153 for galvanizing iron and steel hardware.
ASTM A123 for galvanizing rolled, pressed and forged steel shapes.
Joint restrainer system components:
Tiebolt: ASTM A242, type 2, zinc plated or hot-dip galvanized. SST 7:5/8" for 2" and 3"
mechanical joints, 3/4" for 4" to 12" mechanical joints, ASTM A325, type 3D, except tensile
strength of full-body threaded section shall be increased to 40,000 lbs. minimum for 5/8"
and 60,000 lbs. minimum for 3/4" by heat treating (quenching and tempering) to
manufacturer’s reheat and hardness specifications. SST 753: 3/4" for 14" to 24"
mechanical joints. same ASTM specification as SST 7. SST 77: 3/4" same as SST 7,
except 1" eye for 7/8" rod. same ASTM specification as SST 7.
Tienut: heavy hex nut for each tiebolt: SS8: 5/8" and 3/4", ASTM A563, grade C3, or zinc
plated. S8: 5/8" and 3/4", ASTM A563, grade A, zinc plated or hot-dip galvanized.
Tiecoupling: used to extend continuous threaded rods and are provided with a center stop
to aid installation, zinc plated or hot-dip galvanized. SS10: for 5/8" and 3/4" tierods, ASTM
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 7 of 14
A563, grade C3. S10: for 5/8" and 3/4" tierods, ASTM A563, grade A.
Tierod: continuous threaded rod for cutting to desired lengths, zinc plated or hot-dip
galvanized. SS12: 5/8" and 3/4" diameter, ASTM A242, type 2; ANSI B1.1. S12: 5/8" and
3/4" diameter, ASTM A36, A307.
Tiewasher: round flat washers, zinc plated or hot-dip galvanized. SS17: ASTM A242, F436.
S17: ANSI B18.22.1.
Installation:
Install the joint restraint system in accordance with the manufacturer’s instructions so all
joints are mechanically locked together to prevent joint separation. Tiebolts shall be
installed to pull against the mechanical joint body and not the MJ follower. Torque nuts at
75-90 foot pounds for 3/4" nuts. Install tiecouplings with both rods threaded equal distance
into tiecouplings. Arrange tierods symmetrically around the pipe.
Pipe Diameter Number of 3/4"
Tie Rods Required
4" ............................... 2
6" ............................... 2
8" ............................... 3
10" ............................. 4
12" ............................. 6
14" ............................. 8
16" ............................. 8
18" ............................. 8
20" ............................. 10
24" ............................. 14
30" ............................. (16 - 7/8" rods)
36" ............................. (24 - 7/8" rods)
Where a manufacturer’s mechanical joint valve or fitting is supplied with slots for "T" bolts
instead of holes, a flanged valve with a flange by mechanical joint adapter shall be used
instead, so as to provide adequate space for locating the tiebolts.
Where a continuous run of pipe is required to be restrained, no run of restrained pipe shall be
greater than 60 feet in length between fittings. Insert long body solid sleeves as required on
longer runs to keep tierod lengths to the 60 foot maximum. Pipe used in continuously restrained
runs shall be mechanical joint pipe and tiebolts shall be installed as rod guides at each joint.
Where poly wrapping is required all tiebolts, tienuts, tiecouplings, tierods, and tiewashers, shall
be galvanized. All disturbed sections will be painted, to the Inspector’s satisfaction, with
koppers bitumastic no. 300-m, or approved equal.
Where poly wrapping is not required all tiebolts, tienuts, tiecouplings, tierods and tiewashers
may be galvanized as specified in the preceding paragraph or plain and painted in the entirety
with koppers bitumastic no. 800-m, or approved equal.
Tiebolts, tienuts, tiecouplings, tierods, and tiewashers shall be considered incidental to
installation of the pipe and no additional payment shall be made.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 8 of 14
SECTION 7-14 HYDRANTS
7-14.3(1) Setting Hydrants
Section 7-14.3(1) is supplemented and revised as follows:
Where shown on the Drawings, hydrants shall be installed in accordance with the detail shown
on Standard Plan nos. 310a through 314. Hydrants shall not be installed within 3 feet of a
traveled roadway. In addition, a minimum 3-foot radius unobstructed working area shall be
provided around all hydrants. The bottom surface of the breakaway flange shall be set 2-inches
minimum and 7-inches maximum above the concrete shear block finished grade. A concrete
shear block shall be constructed around all hydrants per the Standard Plans. The shear block
shall be set flush with the immediately surrounding finish grade.
After installation hydrants shall be subjected to a hydrostatic test as specified in Section 7-
09.3(23).
After all installation and testing is complete, the exposed portion of the hydrant shall be painted
with two field coats. The type and color of paint will be designated by the Engineer.
Any hydrant not in service shall be identified by covering with a burlap or plastic bag approved
by the Engineer.
Hydrants shall be installed in accordance with AWWA specifications C600-93, Sections 3.7 and
3.8.1 and the City of Renton Standard Plans. Hydrants shall be painted in accordance with the
standard details. Upon completion of the project, all fire hydrants shall be painted to the City of
Renton specifications and guard posts painted with two coats of preservative paint NO. 43-655
Safety Yellow or approved equal. Fire hydrants shall be of such length as to be suitable for
installation with connections to 6", 8" AND 10" piping in trenches 3 - 1/2 feet deep unless
otherwise specified. The hydrant shall be designed for a 4-1/2 foot burial where 12" and larger
pipe is shown unless otherwise noted on the plan.
7-14.3(2) Hydrant Connections
Section 7-14.3(2) is supplemented and revised as follows:
Fire hydrant assembly shall include: cast-iron or ductile iron tee (MJ x FL), 6" gate valve (FL x
MJ), 6" DI spool (PE x PE), 5-1/4" MVO fire hydrant (MJ connection), 4" x 5" Storz adapter, cast
iron valve box and cover, 3/4" shackle rods and accessories, concrete blocks, concrete shear
block and two concrete guard posts (only if hydrants are outside of right-of-way). Joint restraint
(Shackle Rods) shall be installed in accordance with Section 7-09.3(25)
7-14.3(3) Resetting Existing Hydrants
Section 7-14.3(3) is supplemented and revised as follows:
When the Contract specifies the resetting of an existing hydrant, the hydrant shall be reset
without disturbing the location of the hydrant lateral tee at the Water Main.
The hydrant shall be shackled as specified in Section 7-14.3(2)B. All hydrants shall be rebuilt to
the approval of the City (or replaced with a new hydrant). All rubber gaskets shall be replaced
with new gaskets of the type required for a new installation of the same type.
7-14.3(4) Moving Existing Hydrants
Section 7-14.3(4) is supplemented and revised as follows:
All hydrants shall be rebuilt to the approval of the City (or replaced with a new hydrant). All
rubber gaskets shall be replaced with new gaskets of the type required for a new installation of
the same type.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 9 of 14
SECTION 9-30 WATER DISTRIBUTION MATERIALS
9-30.1 Pipe (RC)
Section 9-30.1 is supplemented and revised as follows:
All materials for water distribution and transmission shall be new and undamaged. Prior to
ordering any pipe and fittings to be used in a potable water supply, the Contractor shall submit
the material source as required by Section 1-06.1 of the Standard Specifications. All direct and
indirect drinking water system components which come in contact with potable water shall have
National Sanitation Foundation (NSF) certification. All pipe and fittings shall be clearly marked
with the manufacturer’s name, type, class, and thickness as applicable and shall be marked on
the component at the place of manufacture. Marking shall be legible and permanent under
normal conditions of handling and storage.
9-30.1(1) Ductile Iron Pipe (RC)
Section 9-30.1(1) is supplemented and revised as follows:
1. Ductile iron pipe shall be centrifugally cast in 18 or 20 foot nominal lengths and meet the
requirements of AWWA C151. Ductile iron pipe shall have a double thick cement-mortar
lining and a 1-mil thick seal coat meeting the requirements of AWWA C104 . Ductile iron
pipe shall be minimum Standard Thickness Class 52 or the thickness class as shown in
the Plans. Flanged ductile iron pipe shall be Class 53 per AWWA C115.
2. Non-restrained joint shall be rubber gasket, push-on type joint (Tyton) or mechanical
joint (M.J.) conforming to AWWA C111 , unless otherwise specified.
3. Restrained joints shall be as specified in Section 9-30.2(6).
4. Flanged joints shall conform to ANSI B16.1, class 125 drilling pattern, rated for 250 psi
working pressure. Flanged ductile iron pipe shall be Class 53 per AWWA C 115. Thicker
Classes are acceptable.
The Contractor shall furnish certification from the manufacturer of the pipe and gasket being
supplied that the inspection and all of the specified tests have been made and the results
thereof comply with the requirements of the above referenced standards.
9-30.1(2) Polyethylene Encasement (RC)
Section 9-30.1(2) is supplemented and revised as follows:
Polyethylene encasement (plastic film wrap) shall be eight mil polyethylene, tube type
conforming to AWWA C105. All ductile iron pipes and fittings shall be installed with a
polyethylene encasement, tube-type and in black color.
9-30.2 Fittings
9-30.2(1) Ductile Iron Pipe (RC)
Section 9-30.2(1) is supplemented and revised as follows:
Fittings for ductile iron pipe shall be ductile iron conforming to AWWA C110, and AWWA C111 or
AWWA C153 and shall be cement-lined conforming to AWWA C104. All water main fittings shall
be ductile iron, short body, cement lined and for pressure rating of 350 psi for mechanical joint
fittings and 250 psi for flange joint fittings, unless otherwise specified. Metal thickness and
manufacturing process shall conform to applicable portions of ANSI/AWWA C110/A21.10.
Mechanical joint, ductile iron, compact fittings 24 inches and less shall conform to ANSI A21.53
(AWWA C153). Flanged fittings, cast or ductile iron, shall conform to ANSI B16.1, class 125
drilling pattern.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 10 of 14
Ductile iron fittings include: tees, crosses, wyes, bends, adapters, sleeves, plugs, caps, offsets,
reducers, and ells.
Rubber gaskets for push-on joints (Tyton) or mechanical joint (M.J.) shall conform to ANSI
A21.11 / AWWA C111 . Gasket materials for flange joints shall be neoprene, Buna N, chlorinated
butyl, or cloth-inserted rubber suitable for pressurized water service purposes. Type of
connections shall be specified as push-on joint (Tyton), mechanical joint (M.J.), plain end (P.E.),
flanged (FL), restrained joint (RJ) and threaded.
Sleeves less than 12 inches in diameter shall be 12 inches minimum length and shall be
mechanical joint. Sleeves greater than 12 inches in diameter shall be of the long body type and
shall be 15 inches minimum length and shall be mechanical joint.
Where ductile iron pipe is to be joined to existing cast iron pipe of the same nominal size and
the outside diameter of the existing cast iron pipe is 0.05 inches or less from the outside
diameter of the ductile iron pipe being joined, the pipe shall be joined with a mechanical joint
sleeve.
Where ductile iron pipe is to be joined to existing cast iron pipe of the same nominal size and
the outside diameter of the existing cast iron pipe conforms to AWWA 1908 classifications A, B,
C, D, or F, the pipe shall be joined with a transition mechanical joint sleeve having a single-piece
casting. Threaded pipe and flanges combinations shall not be used.
Bolts in piping and fittings shall be malleable iron, Cor-ten or stainless steel. Bolts and nuts for
flanged pipe and fittings shall conform in size and length with ANSI/AWWA C111/A21.11.
Stainless steel bolts shall meet the requirements of ASTM A-307, Grade A. Shackle rods shall
be Cor-ten or stainless steel all thread 316SS. Stainless steel nuts and bolts shall be type
316SS.
Contractor shall provide Manufacturer’s Certificate of Compliance in accordance with Section 1-
06.3 Manufacturer’s Certificate of Compliance of the Standards Specifications for all fittings and
bolts to be used.
9-30.2(2) Galvanized Iron Pipe (RC)
Section 9-30.2(2) is revised as follows:
Where galvanized iron pipe is specified, the pipe shall be standard weight, Schedule 40, steel
pipe per Standard Specifications for black and hot-dipped, zinc coated (galvanized) welded and
seamless steel pipe for ordinary uses (ASTM A-120). Fittings shall be screwed malleable iron
galvanized per ANSI B16.3.
9-30.2(3) Steel Casing Pipe (RC)
Section 9-30.2(3) is revised as follows:
Steel casing shall be black steel pipe conforming to ASTM A 53. Before installation, coat casing
exterior with shop-applied anticorrosive coating conforming to AWWA C210. Minimum coating
thickness shall be 16 mils dry film thickness (DFT); however, thickness shall not exceed
manufacturer’s recommended thickness. Coating type shall be a polyamide epoxy-coal tar
equal to Tnemec Hi-Build Theme-Tar, Series 46H-413.
Casing wall thickness shall be 0.250 inch for casings 24 inches or less in diameter and 0.375
inch for casings over 24 inches in diameter.
Carrier pipe for water main shall be Restrained Joint Ductile Iron, Class 52.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 11 of 14
9-30.2(4) Spacers and Seals for Steel Casing Pipe (RC)
Section 9-30.2(4) is revised as follows:
Casing spacers shall be “centered positioning” type bands at least 12 inch in width, and shall be
either stainless steel or heavy duty fusion bonded epoxy coated steel. Runners shall be 2-inch
wide glass reinforced plastic securely bonded to the spacer, and shall be aligned on the spacer
along the axis of insertion of the water main into the casing pipe. Runner length shall
approximate the width of the spacer. Securing the spacer to the water main shall be in
accordance with the manufacturer’s instruction. The height of the risers and runners combined
shall be sufficient to keep the carrier pipe bell, couplings or fittings at least 0.75 inch from the
casing pipe wall at all times and provide at least 1-inch clearance between the runners and the
top of the casing wall, to prevent jamming during installation.
Acceptable spacers and end seals manufacturers are Pipeline Seal and Insulator model S12G-2
for stainless steel and model C12G-2, C8G-2 for fusion-bonded and coated steel, Cascade
Waterworks Mfg. Co., Advance Products & Systems, Inc. or approved equal.
9-30.2(6) Restrained Joint Pipe and Fittings (RC)
Section 9-30.2(6) is revised as follows:
Restrained joints (RJ) ductile iron pipe and fittings, where required on the plans, shall be flexible
after assembly and be able to be disassembled. Restrained joints shall meet the following
criteria:
1. The restrained joint shall have a positive metal to metal contact locking system without
the use of gripping teeth. Gaskets for push-on joint pipe with integrally molded steel or
metal teeth or locking segments shall not be allowed as substitutes for restrained-joint
pipes.
2. The joint restraint system for the pipe shall be the same as the joint restraint system for
the pipe fittings, except as provided in item 4 below.
3. The joint restraint system for the pipe shall be boltless.
4. Where restrained joint fittings required on the plans cannot be furnished or where
restrained jointed fittings are required in areas that are known to be subject to location
adjustments, the Contractor may submit a lay plan showing mechanically jointed fittings
with wedge restraint glands for approval. Mechanically jointed pipe with wedge restraint
glands shall not be substituted for restrained joint pipe.
Wedge Restraint Glands:
Wedge restraint glands shall conform to AWWA C111, ASTM A 536-80 Grade 65-42-12. All
bolts and wedges shall be ductile iron. Wedge shall be heat-treated to a minimum 370 BHN.
Wedge restraint glands shall be rated for 350 psi for pipe 12 inch in diameter and smaller.
9-30.2(7) Bolted, Sleeve-Type Couplings for Plain End Pipe (RC)
Section 9-30.2(7) is revised as follows:
Transition couplings, reducing couplings, transition reducing couplings, sleeves, flexible
couplings for water main shall be compression type by pipe manufacturer: Romac or Ford or
approved equal. Bolts and nuts shall be high strength, low alloy steel, corrosion resistant per
AWWA C111. Stainless steel bolts require anti-seize compound. Heavy hex nuts shall be used.
The long body pattern with a minimum center ring or center sleeve length of 12-inches for pipe
less than 12 inches in diameter and equal to or greater than the pipe diameter for pipe greater
than 12 inches in diameter. Solid sleeves (greater than 12 inch diameter) shall be a 15 inch
minimum length.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 12 of 14
9-30.3 Valves (RC)
Section 9-30.3 is supplemented and revised as follows:
The valves shall be a standard pattern of a manufacturer whose products are approved by the
Engineer and shall have the name or mark of the manufacturer, year valve casting was made,
size and working pressure plainly cast in raided and legible letters on the valve body. All valves
shall be NSF approved and valve bodies shall be ductile iron. All valves shall be stamped with
“NSF APPROVED” and “DI”.
Where a valve is required to operate in a higher pressure environment than the Class of valve
specified in Section 9-30.3, the class of valve shall be as specified in the Contract.
9-30.3(1) Gate Valves (3 inches to 16 inches) (RC)
Section 9-30.3(1) is supplemented and revised as follows:
All valve material shall be new and undamaged. Unless otherwise approved by the Engineer,
the same manufacturer of each item shall be used throughout the work.
All gate valves shall be ductile iron body, bronze mounted, resilient seat, non-rising stem and
shall be equipped with a standard two (2) inch square operating nut and O-ring stem seals.
Valves shall open counterclockwise when viewed from above. Valves shall be designed for a
minimum water operating pressure of 200 PSI.
Resilient seated gate valves shall be manufactured to meet or exceed the requirements of
AWWA Standard C-509 and C-515 latest revisions.
Valve ends shall be mechanical joints, flanged joints or mechanical by flanged joints as shown
on the project plans. Where restrained joints are called out, valve ends shall be flanged with
appropriate flange by restrained joint adapters.
All gate valves shall include an 8" x 24" cast iron gate valve box and extensions, as required. A
valve stem extension is required where the valve operating nut is more than 3 feet below
finished grade. Valve stem extensions are to be a minimum of 1 foot with only one extension
per valve in shall be installed in accordance to the City of Renton standard plans.
Acceptable gate valves are Clow, M & H/Kennedy, American Flow Control (ACIPCo),
Pratt/Mueller, US Metroseal or approved equal in sizes 16 inches and less.
Approval of valves other than models specified shall be obtained prior to bid opening.
9-30.3(3) Butterfly Valves (RC)
Section 9-30.3(3) is supplemented and revised as follows:
In addition to the requirements of section 9-30.3, water main butterfly valves shall conform to
AWWA C504 and shall be Class 150B. The valve shall be short-body type and shall have
flanged ends. Flanged ends shall be sized and drilled in conformance with ANSI B16.1 Class
125. Valve shall be suitable for direct bury and shall have a stem extension with AWWA 2-inch
square operating nut and suitable valve box. All butterfly valves bodies and discs shall be
ductile iron.
The butterfly valves shall be manufactured by Henry Pratt Company, Mueller, DeZurick, Mosser
Valve Division of Olsen Technologies, Dresser 450, Pratt Groundhog or approved equal.
9-30.3(4) Valve Boxes (RC)
Section 9-30.3(4) is supplemented and revised as follows:
Valve boxes shall be installed on all buried valves. The box and lid shall be cast iron, 2-piece
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 13 of 14
slip type with cast iron extension as necessary, conforming to the City of Renton latest standard
plans. The cover shall have the word “WATER” cast in it and shall have cast-iron “ears” installed
in the direction of the main. Valve box extension pieces shall be provided for valves with
groundcover in excess of the depth of the standard valve box.
Acceptable manufacturers of valves boxes and covers are Olympic Foundry, Inc., EJCO, Rich
(Varnish Casting Corp.).
9-30.3(5) Valve Marker Posts (RC)
Section 9-30.3(5) is supplemented and revised as follows:
Valve markers shall be Carsonite composite utility marker .375"x 6'-0" or approved equal with
blue label "water”. The valve markers shall be installed in conformance with the City of Renton
Standard Plans.
9-30.3(6) Valve Stem Extensions (RC)
Section 9-30.3(6) is supplemented and revised as follows:
Valve stem extensions shall have a 2-inch square operating nut and self-centering rockplate. A
valve stem extension is required where the valve operating nut is more than 3 feet below
finished grade. Valve stem extensions are to be a minimum of 1 foot with only one extension
per valve in shall be installed in accordance to the City of Renton standard plans.
9-30.3(7) Combination Air Release/Air Vacuum Valves (RC)
Section 9-30.3(7) is supplemented and revised as follows:
Combination air release/air vacuum valves shall comply with the requirements of ANSI/AWWA
C512. Air and vacuum release valves shall be APCO No. 143C- Valve and Primer Corp,
"Heavy-Duty," combination air release valve, Val -Matic No. 201C, Crispin UL10 or approved
equal. Installation shall be per the City of Renton Standard Details, latest revision. Piping and
fitting shall be copper or brass. Location of the air release valve as show on the plans is
approximate. The installation shall be set at the actual high point of the line.
9-30.3(8) Tapping Sleeve and Valve Assembly (RC)
Section 9-30.3(8) is supplemented and revised as follows:
Tapping sleeves shall be cast iron, ductile iron, or epoxy-coated steel. Bolt and nuts shall be
Cor-Ten or stainless steel.
9-30.3(9) Blow-Off Assembly (RC)
Section 9-30.3(9) is a new section:
Installation of blow-off assembly shall be per City of Renton Standard Details, latest revision.
Pipe and fittings shall be galvanized. Blow-off assembly shall be installed at location(s) shown
on the plans. Temporary blow-off assembly on new dead-end water main shall be installed at
location shown on the plans. Temporary blow-off assemblies for testing and flushing of the new
water mains will not be included under this item and shall be considered incidental to the
contract and no additional payment shall be made.
9-30.5 Hydrants (RC)
Section 9-30.5 is supplemented and revised as follows:
Fire hydrants shall conform to AWWA C502 and shall be of standard manufacture and of a
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Special Provisions Page 14 of 14
pattern approved by the City of Renton. The name or mark of the manufacturer, size of the
valve opening and year made shall be plainly cast in raised letters on the hydrant barrel to be
visible after the hydrant is installed.
9-30.5(1) End Connections (RC)
Section 9-30.5(1) is revised as follows:
Hydrant end connections shall be mechanical joint connection
9-30.5(2) Hydrant Dimensions (RC)
Section 9-30.5(2) is replaced with the following:
Fire hydrants shall have a valve opening with minimum diameter of 5-1/4 inches, “O” ring stem
seal, two 2-1/2 inches National Standard Thread (N.S.T.) hose nozzle connections, one 4-
inches pumper port connection with City of Seattle standard threats and with a 4.875” Seattle
thread x 5” Storz adapter attached with a 1/8” stainless steel cable. The shoe connection and
hydrant connection inside pipe size and auxiliary gate valve shall be 6 inches, mechanical joint
with lugs. The operating nut and port cap nuts are 1-1/4-inch pentagonal.
Hydrant restraint system shall be two 3/4-inch diameter Cor-Ten steel shackle rods with a
poured in place concrete thrust block behind the hydrant shoe. If a wedge restraint system is
used in lieu of shackle rods, mechanical joint pipe shall be used. Hydrants shall be provided
with a breakaway flange assembly and be equipped with breaking devices at the sidewalk.
The hydrant curb stand section of the hydrant that is above ground including all exposed
surfaces of the breakaway flange shall be painted with 2 field coats of paint Kelly-Moore Luxlite
or approved equal in Safety Yellow color. Fire hydrants shall be installed per City of Renton
Standard Details for fire hydrants, latest revisions.
Hydrants of the following manufacture and pattern have been approved by the City of Renton.
Clow Medallion, M&H 929, Mueller Centurion Model A-423, Waterous Pacer, American Darling
Model B-62B, Kennedy K81D Guardian, East Jordan WaterMaster 5CD250.
9-30.6(3)B Polyethylene Pipe (RC)
Section 9-30.6(3)B has been modified as follows:
Polyethylene pipe shall not be used.
9-30.6(4) Service Fittings (RC)
Section 9-30.6(4) has been revised as follows:
Fittings used for copper tubing shall be compression type with gripper ring.
9-30.6(5) Meter Setters (RC)
Section 9-30.6(5) has been supplemented as follows:
Meter setters shall be installed per the City of Renton Standard Details for water meters, latest
revision.
9-30.6(7) Meter Boxes (RC)
Section 9-30.6(5) has been supplemented as follows:
Meter boxes shall be installed per the City of Renton Standard Details for water meters, latest
revision.
AGENDA ITEM #6. f)
UTB 1219
EXHIBIT A Attachment 1
City of Renton
General Design and Construction Standards for Water Main Extensions
The design of all water main extensions of the City of Renton Water System shall conform to the
design standards and requirements of the City and of the State of Washington Department of
Health’s latest Water System Design Manual and standards for Group A Public Water Systems.
Title 4 of the Renton Municipal Code on Development Regulations, adopted in 1998, is the
basis for these Engineering Standards for the design and construction of water main extensions
and related appurtenances.
These standards set forth minimum standards for the planning, design and construction of water
mains and related appurtenances. These standards do not include the design of special
facilities, such as pump stations or reservoirs. These special facilities require unique design
requirements and will subject to individual review by the Water Utility.
Compliance with these standards does not relieve the designer of the responsibility to apply
conservative and sound professional judgment. The Water Utility may at its sole discretion due
to special conditions and/or environmental constraints, require more stringent requirements that
would normally be required.
The construction of all City water system improvements shall comply with the City Development
regulations and standards, the latest City adopted version of Washington State Department of
Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction
as amended by APWA and by the City of Renton Public Works Department.
GENERAL REQUIREMENTS FOR EXTENSION OF WATER MAINS
Fireflow requirements
The fireflow requirements for a proposed development, redevelopment, tenant improvements, or
for other types of building improvements or change of building usage shall be determined by the
City of Renton Fire Marshal.
A. The City Water Utility will determine the available fireflow using its computer simulated
hydraulic model of the City water system.
B. The minimum system pressure during fireflow analysis is 20 psi at the fire location and
30 psi throughout the rest of the distribution system.
New developments or redevelopment of existing sites are required to meet the minimum City
fireflow requirements. The developer shall provide information to the City to determine the
fireflow requirements for the development or redevelopment. The developer is responsible for
the design and installation of all necessary water main improvements to provide the required
fireflow including off-site and on-site water mains. The change of use of existing buildings or
areas may also require the installation of the water main improvements.
Water main Sizing
The diameter of transmission main(s) shall be determined by hydraulic analysis to verify that the
main(s) can deliver the required fire flow demand for a proposed development or redevelopment
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Attachment 1 Design & Construction Standards Page 2 of 9
project. The minimum size distribution system line shall not be less than eight inches (8”) in
diameter and for a looped system and for a future looped system.
The minimum size distribution system in single family residential areas shall not be less than
eight inches (8”) in pipe diameter when the main is serving hydrants and domestic water
services. Exception to the minimum diameter might be made in short cul-de-sacs and in areas
where looping of a water main is not feasible and when no future extension will be required. In
these cases the main stubs could be a minimum of six inches (6”) in diameter if no fire hydrants
are connected. The sizing of dead-end water main without fire hydrants shall provide sufficient
flow to the domestic meters and water services.
Water mains in multi-family residential and in non-residential areas shall be sized to provide the
required fire flow demand and shall not be less than eight inches (8”) in pipe diameter.
Water main Oversizing
If it is determined that it would be to the best interests of the City and the general locality to be
benefited thereby to install a larger size main than one then needed or considered by the
owners or developers immediately abutting the street, alley or easement in which such a main is
to be placed, then the City may at its own discretion, require the installation of such a larger
main in which case the City shall pay the difference in cost between the installation cost of the
similar main and of the larger main.
Any party required to oversize the water mains may request the City Water Utility participate in
the cost of the project.
Pipeline Velocities
In accordance with the Department of Health (DOH) recommendations, the City of Renton
requires that the design of new distribution mains provide for operating velocities less than or
equal to eight feet per second (8 ft/sec) under fire flow conditions and other emergency demand
conditions, and under peak hour demand.
Water Main Extension and Location
All water main extensions within the City of Renton will be extended in a manner in and along
routes which comply with the City’s comprehensive water system plan.
All water main extensions shall extend through and across the full frontage of the properties to
be served and shall also be extended through and to the extreme boundaries of the properties
being developed or redeveloped. Whenever possible, provisions shall be made for looping all
existing and new dead-end mains associated with the proposed development or redevelopment
projects. An easement with minimum width of 15 feet shall be provided to the adjacent property
line or right-of-way for looping of a temporary dead-end main.
Preferred location for new water mains in City streets, absent conflict with other existing utilities,
is as follows:
(a) Water mains to be located on the north or east side of the street
(b) Water mains with diameter of 10 inches or less to be located within the paved area of a
roadway and 4 feet from the face of the curb line.
(c) Water mains with diameter of 12 inches or larger to be located within the paved area of
roadway and 6 feet from the face of curb line.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Attachment 1 Design & Construction Standards Page 3 of 9
(d) Fittings (horizontal bends and blocking) shall be used when necessary to maintain the
uniform offset from the face of the curb line. Pipe deflection may be used on long radius
curve (radius of 500 feet) and shall not exceed one-half of the pipe manufacturer’s
recommended maximum joint deflection.
(e) Water mains shall be installed with no less than three (3) feet cover from finish grade for
pipe with diameter of 10 inches or less and with no less than four (4) feet of cover for
pipe with diameter 12 inches or larger. Water mains shall have no more than six (6) feet
of cover from finish grade.
(f) When water mains are constructed on private properties and within paved areas, the
water mains shall be located outside of the parking stalls when possible.
(g) Easements are required for all water mains to be located on private properties and shall
have a minimum width of fifteen (15) feet.
(h) Water mains shall be encased in a steel casing when crossing under improvements
where the ability to remove and replace the pipe without disturbance to the improvement
is needed. Casings are required when water mains crossings occur under rockeries
over 4 feet high, under retaining wall footings, under reinforced earth retaining walls, and
under railroad tracks. Casings shall extend a minimum of 5 feet past each edge of the
improvements, or a distance equal to the depth of pipe whichever is greater. The carrier
pipe shall be supported by casing spacers, where casing length exceeds 10 feet. The
minimum clearance between the bottom of the rockery and top of pipe casing shall be 2
feet. The trench for the casing pipe shall be backfilled with crushed rocks.
(i) Building setback requirements
• 10 feet minimum from building and retaining walls to water main
• 5 feet minimum from covered parking to water main
Clearances from Other Utilities
A. All clearances between water mains and other utilities listed below are from outside
edge to outside edge if each pipe
Utility Horizontal Clearance Vertical Clearance
Sanitary 10 feet 18 inches
Reclaimed Water 10 feet 18 inches
Storm 10 feet 18 inches
Gas, Electrical Power,
Telephone, Fiber Optics
5 feet 12 inches
B. Water services shall have at least 5 feet of horizontal separation from sanitary and storm
sewer stubs.
C. At points where thrust blocking is required, the minimum clearance between the back of
the concrete blocking and other buried utilities and structures shall be 5 feet.
D. When water main crosses above or below a sanitary sewer line, one full length of water
pipe shall be used with the pipe centered for maximum joint separation, and in
accordance with Washington Department of Ecology design criteria.
E. Horizontal and vertical bends and blocking shall be used when joint deflection would
exceed one-half of the pipe manufacturer’s recommended maximum deflection.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Attachment 1 Design & Construction Standards Page 4 of 9
F. Pipe joints shall be restrained where slopes are 20% or greater. Joint restraint on slopes
shall be Megalug restrainer for mechanical joint fittings and tie/rod retainer clamp
assemblies for DI push-on joints, or other methods as approved by the City. Anchor
blocks per City Standard details shall be used in conjunction with joint restraint system
where slope are 20% or greater.
Restrained-joint ductile iron pipes shall be used when more than one standard pipe
length is installed inside a steel casing. The restrained-joint pipe system shall use a
mechanical locking assembly between the bell interior surface and the retainer weldment
on the spigot end of the pipe or with an integrally cast restrained joint bell. Gaskets for
push-on joint pipe with integrally molded steel teeth or locking segments shall not be
allowed for restrained-joint pipes.
G. A blow-off assembly shall be installed at the end of all dead-end lines 6-inch or less in
diameter. A fire hydrant shall be installed at the end of all dead-end lines 8-inch or
larger in diameter.
H. Air/vacuum relief combination valves shall be installed at local high points in the water
main.
Fire Hydrants
The following information is provided as a guideline to be used during the design of water main
improvements and extensions. The final number of hydrants and their location shall be
determined and approved by the City of Renton Fire Marshal, in accordance with City codes,
development regulations and good fire engineering practice and standards.
A. All buildings constructed within the City of Renton shall be served by fire hydrants
installed in accordance with City’s codes and development regulations.
B. No building permit shall be issued until required plans have been submitted and
approved by the City.
C. No construction beyond the foundation shall be allowed until hydrants and mains are in
place.
D. Existing hydrants that do not conform to current City standard shall be replaced with new
conforming hydrants as part of the development and redevelopment projects.
E. Buildings, other than single family residences, located with portions of the building more
than one hundred and fifty feet (150’) in vehicular travel from a fire hydrant shall have
additional hydrants installed at the owner and/or developer’s expense.
F. Fire hydrants shall be located at intersections of public and private roads. The lateral
spacing of hydrants along roadways shall be predicated on hydrants being located at the
roadway intersections.
G. Single-family residential: The maximum spacing of hydrants in single-family residential
areas shall be 500 feet apart. Hydrant coverage shall be no more than 300 feet to any
residential dwellings and the distance shall be measured from the hydrant and along a
traveled roadway, access road and driveway to the dwellings.
H. Multi-family/commercial: The location of the hydrants and the number of hydrants shall
be determined by the Fire Marshal. One hydrant will be required per 1,000 gallons per
minute of fireflow requirement. The maximum distance between hydrants in multi-family
(including duplex), commercial, industrial areas shall be 300 feet. These hydrants shall
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Attachment 1 Design & Construction Standards Page 5 of 9
be located no closer than 50 feet from the structure and no greater than 300 feet. The
primary hydrant shall be no further than 150 feet from the structure.
I. Buildings that have a required fireflow of less than 2,500 gallons per minute may have
fire hydrants on one side of the building only.
J. When the required fireflow for a development or redevelopment project is over 2,500
gallons per minute, on-site fire hydrants will be required and the fire hydrants shall be
served by a water main which loops around the building or complex of buildings and
reconnects back to a distribution supply main.
K. Fire hydrant runs over 50 feet in length must be 8-inch in diameter and be terminated
with a tee, plug and hydrant assembly. Fire hydrant run less than 50 feet in length shall
be 6-inch in diameter.
L. The pumper port of the fire hydrant shall face the street or fire access road. A 3-feet
minimum clearance shall be provided around the outside of the hydrant for operation. A
5-feet minimum clearance shall be provided from the outside of the hydrant to concrete
walls, structures, utility poles and above grade electrical enclosures.
M. A fire hydrant is required within 50 feet of a fire department connection to a fire sprinkler
system.
N. Fire hydrants shall be installed in conformance with the latest City standard details and
specifications.
Water Valving
A. Water valves for twelve-inch (12”) diameter and smaller water mains shall be resilient
seated gate valves. Butterfly valves shall be used when water mains exceed twelve-inch
(12”) in diameter.
B. Water valves shall be installed along the distribution water mains at a maximum spacing
of four hundred (400) feet and at the intersection of lateral lines. Additional valving may
be required for area isolation in order to maintain water service to hydrants and water
meters when a section of the water main between the valves is isolated for repairs.
C. At water main intersections, valves shall be placed on 4 out 4 legs at each cross, and 3
out 3 legs at each tee (unless tapping an existing main). Water valves shall be located
in clusters when possible.
D. A water valve may be required near the end of the water main where future extensions
are anticipated.
E. Water valves should not be placed within the wheel path of vehicle traffic.
Water Service
All water service and appurtenances shall be installed in accordance to the City of Renton latest
Water Utility standard details and specifications.
1. Domestic Water Service:
A. Ownership: The City owns and shall maintain the service line from the tap at the main to
the meter, the meter setter, the meter tailpiece, and the meter box. The property owner
owns and shall maintain the connection fitting to the meter tailpiece, the service line
downstream of the meter tailpiece, and other appurtenances such as pressure reducing
valves, backflow prevention assemblies, etc. behind the meter.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Attachment 1 Design & Construction Standards Page 6 of 9
B. A separate water meter and water service line will be required for each single-family
residence, detached accessory dwelling unit, townhome unit, and commercial building.
C. All meters shall be the same size as the tap and service connection, unless as otherwise
approved by the Water Utility or as shown on the Water Utility’s standard plans.
D. The minimum allowable size for a water meter to a single family residence shall be
5/8” x 3/4” with a 1-inch service line from the main to the meter. The developer shall
verify that minimum pressure can be maintained when service is flowing at anticipated
maximum levels and shall increase the size of the meter and the size of the private
water service line as necessary to reduce friction losses and drop in pressure.
E. The minimum allowable water service to a single family residence with a residential fire
sprinkler system shall be 1” x 1”. The developer shall check with the fire sprinkler
designer to verify the adequate size for the service line and for the water meter to
provide the required flow for domestic use and for the sprinkler system.
F. The minimum meter and service line for all commercial and multi-family development is
1” x 1”.
G. Water services and meters of three inches (3”) and larger, including meter vaults, full-
size by-pass piping, valves, and associated piping will be purchased and installed by the
developer/contractor under City observation.
H. All new mixed-used buildings shall have separate meters for the multi-family portion and
the commercial portion of the building.
I. If a property owner has an existing meter and needs a larger size service and/or meter,
the property owner is responsible for the upsize of the service line and meter and for the
abandonment of the existing service connection at the main line. All existing meters that
are no longer needed shall be cut and capped at the main line.
J. The location and size of the meters shall be shown on the project plans. The sizing of
water meters and service lines shall be determined by the developer based on the most
recent adopted version of the Uniform Plumbing Code. Water meters shall be located in
a level unobstructed area as close to the City main as possible with the distance not to
exceed fifty (50) feet.
K. Meters to single family residences shall be placed in landscape strips, or behind the
sidewalk, and within the right-of-way. Meters shall not be installed within driveways.
L. Meters to commercial development should be located near driveway entrances within
the right-of-way or within public utility easements in landscape areas, and near access
driveways.
M. An individual pressure reducing valve assembly (PRV) shall be installed downstream of
the water meter in accordance with the City standard details and with the latest edition of
the Uniform Plumbing Code when the service connection pressure exceeds 80 psi.
2. Fire Sprinkler Service:
A. Fire sprinkler service to all buildings, except for single-family residences, shall be
installed by a separate water main connection and service line.
B. Fire sprinkler system connections to the City’s water system shall be owned and
maintained by the property owner, beginning immediately downstream of the
gate valve where the system connects to the City’s water main.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Attachment 1 Design & Construction Standards Page 7 of 9
C. A backflow prevention assembly equipped with detector check meter, also known
as a Double Check Detector Assembly (DCDA) shall be installed on all fire
sprinkler lines as required by and in accordance with the latest revisions of WAC
246.290.490 or subsequent revisions, the City of Renton Development Standards
and Regulations, the City’s Cross-Connection Control Program Manual and the
City standard details. A Reduced-Pressure Principle Detector Assembly
(RPPDA) shall be installed on fire sprinkler line equipped with a fire pump and/or
on fire sprinkler system in which chemical addition or antifreeze is allowed.
D. When the distance from the point of connection to a City water main to the fire
sprinkler riser assembly is less than fifty (50) feet, the backflow prevention
assembly may be installed as part of the sprinkler riser assembly and be placed
within the building riser room that is adjacent to an exterior wall of the building.
The interior installation of a backflow prevention assembly for the fire sprinkler
system must be pre-approved by the Water Utility and the installation must
conform to the Water Utility standard plans. The location of the backflow
prevention assembly inside the building shall be shown on the building plans and
on the fire sprinkler plans. The detector meter on the backflow prevention
assembly shall be a Sensus Iperl meter with a 520 M radio read conforming to
the City’s water meter standards. The radio read battery-unit and antenna shall
be mounted on the exterior building wall. The building plans and the fire sprinkler
plans shall show the cut-out hole on the building wall to accommodate the
installation of the radio with battery unit and sensor plate.
E. A post indicator valve (PIV) shall be placed at the property line for the fire
sprinkler connection between the public water main within the right-of-way and
the private fire sprinkler supply line. A PIV shall also be placed behind the
backflow prevention assembly for the fire sprinkler system.
F. Fire Department Connections (FDC’s) shall be placed within fifty (50) feet of a
fire hydrant assembly or as directed by the Fire Marshal.
G. The fire sprinkler system and supply line shall be designed by a Fire Protection
Engineer. Separate plans shall be submitted to the City Fire Marshal for review
and permitting.
H. Underground fire sprinkler supply lines shall be installed by a Washington State
Certified Level “U” contractor in accordance with WAC 212-80-010.
3. Landscape Irrigation
A separate landscape irrigation meter and service line shall be installed for all multi-
family, mixed-used, commercial development where water is used for landscape
purposes and will not enter the sanitary sewer system.
Backflow Prevention
Per City Ordinance No. 4312, all irrigation systems, fire sprinklers and other water uses which
may or will cause the contamination of the potable water supply by backflow, shall be required
to install approved backflow prevention assemblies to meet the requirements of WAC 246-290-
490 “Cross-Connection Control Regulations in Washington State:, and the recommendations of
the PNWS-AWWA Cross Connection Control Manual, latest edition, and the City’s Cross-
Connection Control Program – Appendix G. Requirements may include premise isolation, point
of use protection, or a combination of the two.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Attachment 1 Design & Construction Standards Page 8 of 9
All new multi-family, multiple-use, mixed-used, and commercial buildings or all tenant
improvements to existing multiple-use, mixed-used, and commercial buildings shall have a
Reduced Pressure Backflow Assembly (RPBA) at the water meter or as near as possible to the
water meter for premise isolation. Premise isolation at the water meter by an approved air gap
or a reduced pressure backflow assembly is required for all sites utilizing an auxiliary supply.
Multi-family and mixed-used projects that require backflow prevention protection are strongly
recommended to provide a bypass with equal backflow prevention to avoid interruption or loss
of water service during maintenance, testing and repair.
All backflow prevention assemblies installed shall be on the State of Washington DOH list of
approved backflow prevention assemblies, most recent edition at the time of installation.
Satisfactory testing shall be completed upon the installation, repair, or relocation of all backflow
assemblies, and annually thereafter. A complete test report must be submitted to the Water
Utility or Plumbing Inspector prior to final acceptance.
Connections to Existing System
A. Connections to existing mains including the installation of in-line valve(s) shall be done
by a cut-in tee and valve(s) unless otherwise approved by the City Water Utility.
B. When a “wet-tap or live-tap” of an existing water main is authorized by the City Water
Utility, water mains shall be tapped by a City-approved “wet-tap” contractor and under
the City’s observation. Materials for tapping tee and valves are described in the
following section for Material Requirements and Construction Standards for Water main
Pipes and Appurtenances. Tapping tee shall be made of stainless steel, or full bodied
cast-iron Mueller-type tapping tee, or ductile iron mechanical joint tapping tee with outlet
flange.
C. Size on size tapping tees are not allowed, unless a shell cutter, one size smaller than the
existing water man is used.
D. Connections to existing mains smaller than 8 inches in diameter shall be made by
cutting in a tee, unless otherwise approved by the City Water Utility.
Easements for Public Water Main Improvement and Extension
A public water utility easement to the City is required for the installation, operation, and
maintenance of water mains on private property. The easement shall extend a minimum of
seven and one-half (7.5) feet to each side of the centerline of the main, water meters, hydrants.
The easement shall be provided on City’s standard easement form. Legal description of the
easement along with a sketch of the easement shall be stamped and signed by a licensed land
surveyor and incorporated in the easement form as exhibits.
AGENDA ITEM #6. f)
UTB 1219 Exhibit A Attachment 1 Design & Construction Standards Page 9 of 9
GENERAL DESIGN STANDARDS AND REQUIREMENTS FOR DESIGN PLANS
A. Each fitting or valve shall have end-attachment type listed such as: FL (for flange), MJ
(for mechanical joint), FL x MJ (flange by mechanical joint), FL x FL (for flange by
flange), PE (for plain-end), etc. Call-outs in order, # of each, diameter, fitting, joint type.
For example: 1- 8” Tee (MJ x FL), 1- 8” Gate Valve (FL x MJ), 2-8” 45° Bends (MJ x MJ)
B. List pipe length (from center-of-fitting to center of fitting), size, and material alongside
each pipe, i.e.: 150 LF – 8” DI. Pipe lengths can be listed on a table shown on the same
plan sheet.
C. Dimension existing and new water main locations from right-of-way line and/or property
line or label stations and offsets.
D. Each fitting, valve, hydrant shall have a reference stationing and offset from a street or
right-of-way centerline or from the centerline of an easement.
E. Blocking- Reference Standard Plans:
Blocking shall be shown on the plans at all horizontal and vertical bends, tees, end caps.
The sizing of the blocking shall be as shown on the Standard Plans. Joint restraint at
fittings and pipes in addition to reduced-sized thrust blocks may be required due to
conflict with other utilities, lack of adequate space for support, poor soil, or lack of
sufficient soil bearing area for standard size blocks.
F. Connection details to existing water mains shall be per the Standard Plans. Reference to
the applicable connection details shall be shown on the plans at each connection to the
existing water system. Temporary blow-offs and vertical crosses for “poly-pigging”
stations shall be called-out on the plans and with reference to the applicable Standard
Plans.
G. Existing water mains to be abandoned in place shall be capped at each end with a
mechanical joint cap or plug.
H. All water vaults (for large domestic water meters, backflow prevention assemblies,
pressure reducing stations. etc.) shall include design for floor drain piping to daylight, or,
if daylight is not feasible to the storm system. Where vault floor drain cannot drain to
daylight or to the storm system, consult with the City Water Utility during project design
review to determine the best alternative.
I. Outside-installed Reduced Pressure Backflow Assemblies (RPBA’s) shall be installed in
above ground enclosures. RPBA’s shall not be installed in vaults. All RPBA enclosures
shall be provided with a bore sighted daylight drain sized to meet the flow requirements
of the RPBA relief vent. Meter vaults shall be located outside the sidewalk whenever
possible.
J. Service connections or water utility distribution system piping shall not be used for
grounding of electrical or for the maintenance, integrity or continuity of any grounding
attachment or connection.
K. Manufacturer’s certification of testing and accuracy shall be provided for all large (3-inch
and above) meters installation.
AGENDA ITEM #6. f)
UTB 1219
EXHIBIT A Attachment 2
DRAFT SCOPE OF WORK
The work involved under the terms on this Utility Construction Agreement (“Agreement”) shall
include but not be limited to the following:
Engineering Design Drawings
Preparation of engineering design plans for the relocation of an existing 16-inch City of Renton
water main within SR-167 at about Mile Post 25.94 in conjunction with WSDOT’s I-405, SR 167
Interchange Direct Connector.
Plans (plan and profile) shall meet the City of Renton latest standards for plan submittal. Final
plans sheets shall be on 24”x36” or 22”x34” Mylar, matte on both sides. CAD software used will
be AutoCad 2014 or later. Plan scale shall be 1”=10’, 1’=20’, or 1”=30’ for horizontal and 1”=5’
for vertical.
Construction of Water Line Relocation
Furnishing and installing:
• approximately 350 feet of 30-inch diameter steel casing under SR-167 right-of-way and
within adjacent City-owned wetlands from the west right-of-way line of SR 167 to the center
of a proposed berm to be constructed within City-owned wetlands property, including casing
spacers, runners and end seals
• approximately 350 feet of 16-inch Restrained-Joint (RJ) ductile iron pipe (DI) inside the
above 30-inch steel casing and about 200 feet of 16-inch (RJ) DI pipe and fittings and
connection to the existing 16-inch City water line located within the unimproved right-of-way
of South 19th Street
• approximately 50 feet of 30-inch steel casing in SW 19th St and E Valley Rd and about 50
feet of 24-inch steel casing in E Valley Rd including casing spacers, runners and end seals
• approximately 120 feet of 16-inch (RJ) DI pipe and fittings in E Valley Rd and SW 19th St
and connection to existing 16-inch water line in SW 19th St
• approximately 150 feet of 12-inch (RJ) DI pipe and fittings in E Valley Rd and 2 connections
to existing 12-inch water line
• 5-16-inch gate valves (RJ), 4-12-inch gate valves (RJ)
• Trenching, excavation, import/export trench backfill, shoring, dewatering, backfill, 4 tie-ins to
existing water mains
• Removal and replacement of asphalt concrete pavement and complete restoration of SR-
167 right-of-way and of City’s right-of-way
• The work also includes all traffic control, erosion control, sedimentation control, and the
restoration of public and private lands.
AGENDA ITEM #6. f)
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
1
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
2
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
3
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
4
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
5
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
6
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
7
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
8
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
9
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
1
0
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
1
1
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
1
2
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
1
3
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
1
4
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
1
5
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
1
6
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
U
T
B
1
2
1
9
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
S
t
a
n
d
a
r
d
P
l
a
n
s
P
a
g
e
1
7
o
f
1
7
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
A
G
E
N
D
A
I
T
E
M
#
6
.
f
)
UTB 1219
EXHIBIT C
COST ESTIMATE
I-405, SR 167 INTERCHANGE DIRECT CONNECTOR
SR 167 Mile Post 25.94 – 12” & 16” Water Main Relocations
CITY Cost Responsibility
Estimated permitted length of pipe within WSDOT right of way: 215 feet (scaled)
FURNISH & INSTALL 36” STEEL CASING 215 feet @ $350/foot* = $75,250
FURNISH & INSTALL 16” DUCTILE IRON PIPE 215 feet @ $225/foot* = $48,375
* Unit cost includes contractor markups and applicable sales taxes
SUBTOTAL $123,625
WSDOT Indirect Costs (10.52%) $13,005
TOTAL $136,630
AGENDA ITEM #6. f)
AB - 1927
City Council Regular Meeting - 12 Jun 2017
SUBJECT/TITLE: Utility Agreement with the Washington State Department of
Transportation for Water Main Relocation at South 14th Street for
the I-405/SR 167 Interchange Direct Connector Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Vicki Grover, Transportation Planning Manager
EXT.: 7393
FISCAL IMPACT SUMMARY:
UTB 1221 will have no fiscal impact to the Cit y.
SUMMARY OF ACTION:
The Washington State Department of Transportation (WSDOT) I-405/SR 167 Interchange Direct Connector
Project began construction last fall and will construct a flyover HOV lane in each direction between I -405 and
SR 167.
WSDOT’s project to expand the I-405 and SR 167 corridors is in conflict with a portion of the City’s water
system. The affected portion of the system needs to be relocated. UTB 1221 addresses the water main
relocation along the I-405 corridor. This agreement allows City staff to coordinate with WSDOT and participate
in the design build process that will resolve the conflict between the water system and the project.
It is of mutual benefit to the City and WSDOT to enter into the utility agreement that wi ll outline the design
build process and scope of work and also be able to include the utility rights and the state’s obligations. There
is no cost to the City.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Utility Agreement UTB 1221 with the Washington State
Department of Transportation for the I-405/SR 167 Interchange Direct Connector Project.
AGENDA ITEM #6. g)
Utility Agreement
Design-Build Utility Relocation
Work by State – State Cost
Utility Name and Address
City of Renton
Renton City Hall
1055 Grady Way
Renton, WA 98057
Agreement Number
UTB 1221
Region
Northwest
Project Title / Location
I-405, SR 167 Interchange Direct Connector
South 14th Street -- 8” water main relocation
State Route
405
Mileposts
From 02.25 To 03.74
Estimated Agreement Amount
$0
This Utility Construction Agreement is made and entered into between the W ashington State Department of Transportation,
herein STATE, and the above named UTILITY.
W HEREAS, the STATE is planning the construction or improvement of the State Route as shown above for the identified STATE
Project (DB Project), and in connection therewith, it is necessary to relocate certain UTILITY facilities (W ork), and
W HEREAS, the DB Project will be delivered by a STATE design-build contractor (DB Contractor), and
W HEREAS, the STATE is responsible for all W ork under this Agreement because the UTILITY’s facilities are located
pursuant to a documented ownership of and/or interest in real property, such as an easement, fee title, or court finding of
prescriptive right, which is impacted by the DB Project, and
W HEREAS, the W ork shall be defined as all materials, equipment, labor, contract administration and any other efforts
required to perform the relocation, construction, and/or removal of the UTILITY’s facilities, and
W HEREAS, it is deemed to be in the best public interest for the STATE to include the W ork in the STATE’s DB Project,
NOW , THEREFORE, pursuant to chapter 47.44 RCW , RCW 47.01.210, and RCW 47.12.150, the above recitals that are
incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants, and performances
contained herein, as well as the attached Exhibits A and B, which are incorporated and made a part hereof,
IT IS M UTUALLY AGREED AS FOLLOWS:
1. PLANS, SPECIFICATIONS AND BIDS
1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects shall determine and
establish the definitions and applicable standards and payments for this Agreement. By this reference this document
is adopted and made a part of this Agreement as if fully contained herein.
1.2 The STATE, acting on behalf of the UTILITY, agrees to perform the UTILITY facilities W ork in accordance with
Exhibit A, Special Provisions and Scope of Work, and Exhibit B, Conceptual Plans. The STATE will incorporate the
Exhibit B, Conceptual Plans, and Exhibit A, Special Provisions and Scope of Work, into the DB Project in accordance
with UTILITY requirements. The UTILITY agrees that it is solely responsible for insuring that all Special Provisions,
Plans and UTILITY standards are met and that it has supplied the STATE with all applicable standards, codes,
regulations, or any other requirements the UTILITY is obligated to meet, unless otherwise noted.
1.3 The UTILITY has reviewed and approved the W ork preliminary Special Provisions (Exhibit A) and Conceptual Plans
AGENDA ITEM #6. g)
Page 2 of 5 UTB 1221
(Exhibit B) that will be incorporated into the DB Project. The STATE will advertise the W ork and Project for bids. The
STATE will be the UTILITY’s representative during the Ad and award period. W hen requested by the STATE, the
UTILITY shall timely assist the STATE in answering bid questions and resolving any design issues that may arise
associated with the W ork. All comments and clarifications must go through the STATE. If the UTILITY supplied the
W ork plans and special provisions, the UTILITY agrees to provide the STATE with any addenda required for the
W ork during the Ad period, to the Parties’ mutual satisfaction.
1.4 The DB Project will be completed using the design-build method of project delivery. The final plans and
specifications for the Work will be prepared by the STATE’s DB Contractor in accordance with the STATE’s current
Standard Specifications for Road, Bridge, and Municipal Construction, and adopted design standards, unless
otherwise noted, as well as the preliminary Special Provisions and Scope of Work and Conceptual Plans, Exhibit A
and Exhibit B. The STATE will direct the DB Contractor to complete the utility relocation design in accordance with
such plans and specifications and Section 1.5 herein.
1.5 The UTILITY agrees to meet with the DB Contractor as necessary to complete the design of the water main
relocation Work. The UTILITY shall inform the STATE of all such meetings and the STATE shall have the opportunity
to attend said meetings in the STATE’s discretion. The STATE shall require the DB Contractor to provide the
UTILITY with the final proposed water main relocation plans and specifications for the Work. Thereafter, the
UTILITY agrees to review said plans and specifications and agrees to provide written notification to the STATE and
the DB Contractor within ten (10) working days after receipt whether the UTILITY approves or has further comments
on said plans and specifications. The UTILITY shall have final approval authority over any plans and specifications
for the water main relocation and agrees to work in good faith with the DB Contractor to resolve all issues.
1.6 Any change to the DB Project that may affect the UTILITY’s facilities must be approved by the UTILITY.
2. CONSTRUCTION, INSPECTION, AND ACCEPTANCE
2.1 The STATE agrees to administer the W ork on behalf of the UTILITY.
2.2 The UTILITY agrees to disconnect and/or reconnect its facilities as required by the STATE when such disconnection
or reconnection is required to be performed by the UTILITY. The Parties agree to define disconnect and/or
reconnection requirements, including notification and response in Exhibit A.
2.3 Salvage: All materials removed by the STATE shall be reclaimed or disposed of by the STATE and shall become the
property of the STATE. If the UTILITY desires to retain such materials and the STATE agrees, the value of salvaged
materials will be paid to the STATE in an amount not less than that required by the Program Guide: Utility Relocation
and Accommodation on Federal Aid Highway Projects.
2.4 The UTILITY may furnish an inspector for the W ork. The UTILITY’s inspector shall not directly contact the DB
Contractor. All contact between the UTILITY’s inspector and the DB Contractor shall be through the STATE’s
representatives. The STATE’s Project Construction Engineer may require the removal and/or replacement of the
UTILITY’s inspector if the inspector interferes with the DB Project, DB Contractor and/or the W ork.
2.5 The STATE shall promptly notify the UTILITY in writing when the W ork is completed.
2.6 The UTILITY shall, within thirty (30) working days of being notified that the W ork is completed: (a) deliver a letter of
acceptance to the STATE. which shall include a release and waiver of all future claims or demands resulting from the
STATE’s administration thereof, or (b) deliver to the STATE written reasons why the W ork does not comply with the
previously approved Work Plans and Special Provisions as provided under Section 1.5. The release and waiver shall
not affect the UTILITY’S ability to make warranty claims for later discovered defective work. The UTILITY agrees to
work diligently and in good faith with the STATE to resolve any issues so as not to delay the DB Project. If all issues
are resolved, the UTILITY agrees to deliver to the STATE a letter of acceptance as provided herein.
2.7 If the UTILITY does not respond within thirty (30) working days as provided in section 2.6, the W ork and the
AGENDA ITEM #6. g)
Page 3 of 5 UTB 1221
administration thereof will be deemed accepted by the UTILITY.
2.8 Upon completion and acceptance of the W ork pursuant to Sections 2.6 or 2.7, the UTILITY agrees that it shall be
solely responsible for all future ownership, operation and maintenance costs of its facilities, without STATE liability or
expense, except the State warrants the Work to the full extent the Work is warranted by the DB Contractor,
including but not limited to the General Warranty described in Section 1-05.16 of the DB Project’s Request for
Proposal.
2.9 The STATE will require its DB Contractor to prepare the final construction documentation in general conformance
with the STATE’s Construction Manual. The STATE will require its DB Contractor to maintain one set of plans as the
official "as-built" set, then make notations in red of all plan revisions typically recorded per standard STATE practice,
as directed by the STATE’s Construction Manual. Once the UTILITY has accepted the W ork per Section 2.6 or 2.7,
the STATE upon request by the UTILITY will provide one reproducible set of Work as-builts to the UTILITY.
3. PAYMENT
3.1 The STATE agrees that it shall be responsible for the actual direct and related indirect costs, including mobilization,
construction engineering, contract administration and overhead costs, associated with the W ork. Consistent with the
Section 10.3 of the Cooperative Agreement between the Parties numbered GCB 2274, all UTILITY permit and inspection
fees shall be paid by the STATE.
4. CHANGE IN WORK
4.1 If the STATE determines that additional W ork or a change in the W ork is required, prior written approval must be
secured from the UTILITY; however, where the change is required to mitigate a DB Project emergency or safety
threat to the traveling public, the STATE will direct the change without the UTILITY’s prior written approval. The
STATE will notify the UTILITY of such change as soon as possible thereafter. The UTILITY agrees to respond to all
STATE change order requests in writing and within five (5) working days.
4.2 The STATE will make available to the UTILITY all change order documentation related to the W ork.
5. TEMPORARY FRANCHISE
5.2 The STATE agrees to issue the UTILITY a temporary franchise for those UTILITY facilities which will remain on the
STATE’s property or right-of-way and for which the UTILITY had fee title. The temporary franchise shall expire upon
written transfer of the properties or right-of-way by the STATE to the UTILITY.
6. RIGHT OF ENTRY
6.1 The UTILITY hereby grants to the STATE, its DB Contractor, subcontractors and employees and agents a right of
entry onto all lands in which it has an interest for construction of the W ork as finalized pursuant to Section 1.5. Upon
completion and acceptance of the W ork, this right of entry shall terminate.
6.2 The UTILITY agrees to arrange for rights of entry upon all privately owned lands upon which the UTILITY has an
easement or court finding of a prescriptive right which are necessary to perform the W ork. The UTILITY also agrees
to obtain all necessary permissions for the STATE, its DB Contractor, subcontractors and employees and agents to
perform the W ork on such lands, which may include reasonable use restrictions on those lands. The UTILITY agrees
to provide the rights of entry and applicable permissions under this section to the STATE within thirty (30) calendar
days of entering into this Agreement. Upon completion of the W ork on such lands, the rights of entry and permissions
shall terminate.
AGENDA ITEM #6. g)
Page 4 of 5 UTB 1221
7. GENERAL PROVISIONS
7.1 Indemnification: To the extent authorized by law, the UTILITY and STATE shall indemnify and hold harmless one
another and their employees and/or officers from and shall process and defend at its own expense any and all
claims, demands, suits at law or equity, actions, penalties, losses, damages (both to persons and/or property), or
costs, of whatsoever kind or nature, brought against the one Party arising out of, in connection with, or incident to the
other Party’s performance or failure to perform any aspect of this Agreement, provided, however, that if such claims
are caused by or result from the concurrent negligence of (a) the UTILITY and its employees and/or agents and (b)
the STATE and its employees and/or agents, or involves those actions covered by RCW 4.24.115, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the UTILITY or STATE, and provided
further, that nothing herein shall require the UTILITY or STATE to hold harmless or defend the other or its employees
and/or agents from any claims arising from that Party’s sole negligence or that of its employees and/or agents.
FURTHER BY MUTUAL NEGOTIATION, the Parties agree that their obligations under this Section extend to any
claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents while occupying land
as identified in Section 5 or performing Work on such lands pursuant to this Agreement; therefore, the Parties waive
with respect to one another only, any immunity that would otherwise be available against such claims under the
Industrial Insurance provisions of chapter 51.12 RCW. The terms of this section shall survive the termination of this
Agreement.
7.2 Disputes: If a dispute occurs between the UTILITY and the STATE at any time during the prosecution of the W ork,
the Parties agree to negotiate at the management level to resolve any issues. Should such negotiations fail to
produce a satisfactory resolution, the Parties agree to enter into arbitration and/or mediation before proceeding to
any other legal remedy. Each Party shall be responsible for its own fees and costs. The Parties agree to equally
share the cost of a mediator or arbiter.
7.3 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right
or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in
the superior court situated in Thurston County, W ashington. Each Party shall be responsible for its own attorneys’
fees and costs.
7.4 Termination: In the event funding for the DB Project or W ork is withdrawn, reduced, or limited in any way after the
execution date of this Agreement and prior to normal completion, the STATE may terminate the Agreement upon
fifteen (15) calendar days written notice. In the event of such termination, the STATE and UTILITY shall consult, if
necessary, on how the W ork shall be brought to a level that is safe for the UTILITY’s operation and maintenance. In
the event the W ork is terminated, the provisions of Sections 2 and 5 shall apply to the W ork completed.
7.5 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such amendments or
modifications shall not be binding unless put in writing and signed by persons authorized to bind each of the Parties.
7.6 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and the employees
of each Party and any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any
manner be deemed to be the employees of the other Party.
7.7 Audit and Records: During the progress of the W ork and for a period of not less than three (3) years from the
termination or completion of this Agreement, each Party shall maintain the records and accounts pertaining to the
W ork and shall make them available during normal business hours and as often as necessary, for inspection and
audit by the other Party and copies of all records, accounts, documents or other data pertaining to the W ork will be
furnished upon request. The Party requesting the records shall pay the cost of copies produced. The Parties recognize
that the DB Project and Work, including Work performed by the UTILITY, is subject to audit by the UTILITY, state of
Washington, and/or the federal government. If any litigation, claim or audit is commenced, the records and accounts
along with supporting documentation shall be retained until any litigation, claim or audit finding has been resolved
even though such litigation, claim or audit continues past the three-year retention period.
AGENDA ITEM #6. g)
Page 5 of 5 UTB 1221
7.8 Working Days: W orking days for this Agreement are defined as Monday through Friday, excluding W ashington State
holidays per RCW 1.16.050.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year last written below.
UTILITY WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
By By
Name Name
Title Title ARA Design-Build & I-405 SR 167
Date Date
Approved As to Form Approved As to Form
By By
Shane Maloney, City Attorney Assistant Attorney General
Date Date
AGENDA ITEM #6. g)
Utility Construction Agreement
UTB 1221
EXHIBIT A
SPECIAL PROVISIONS
CITY OF RENTON AMENDMENTS
TO THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT)
2014 STANDARD SPECIFICATIONS FOR ROAD, BRIDGE, AND MUNICIPAL
CONSTRUCTION
The following special provisions include amendments to WSDOT 2014 Standard Specifications
for Road, Bridge, and Municipal Construction are made a part of this contract and supersede
any conflicting provisions of the Standard Specifications.
SECTION 7-09 WATER MAINS
7-09.3(15) Laying of Pipes on Curves
7-09.3(15)A Ductile Iron Pipe
Section 7-09.3(15)A is supplemented and revised as follows:
On long radius curves (500 feet or more), either horizontal or vertical, pipe may be installed with
standard pipe by deflecting the joints. If the pipe is shown curved on the Drawings and no
special fittings are shown, the Contractor can assume that the curves can be made by deflecting
the joints with standard lengths of pipe. If shorter lengths are required, the Drawings will indicate
maximum lengths that can be used. The amount of deflection at each pipe joint when pipe is
installed on a horizontal or vertical curve shall not exceed 50 % of the manufacturer’s printed
recommended deflections. The Contractor shall submit to the Engineer the pipe manufacturer's
joint deflection recommendations prior to pipe installation indicating deflections are within
allowable AWWA specification tolerances.
Where field conditions require deflection or curves not anticipated on the Drawings, the
Engineer will determine the methods to be used.
When rubber gasketed pipe is installed on a curve, the pipe shall be jointed in a straight
alignment and then deflected to the curved alignment. Trenches shall be made wider on curves
for this purpose.
Where pipe installation on curves requires the use of special fittings, concrete blocking shall be
used per Section 7-09.3(21).
Where restrained joint pipe is installed on a curve, the Contractor shall submit the pipe
manufacturer’s recommendations to the Engineer for approval.
7-09.3(15)B Polyvinyl Chloride (PVC) Pipe (4 inches and Over)
Section 7-09.3(15)B is revised and supplemented as follows:
Polyvinyl Chloride (PVC) Pipe shall not be used for water mains and appurtenances.
7-09.3(17) Laying Ductile Iron Pipe and Fittings with Polyethylene Encasement
The title and text of section 7-09.3(17) is supplemented and revised as follows:
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 2 of 14
The Contractor shall lay all ductile iron pipe and fittings with a polyethylene encasement. Pipe
and polyethylene encasement shall be installed in accordance with AWWA C105. The
polyethylene encasement shall also be installed on all appurtenances, such as pipe laterals,
couplings, fittings, and valves, with black color, tube-type, 8-mil polyethylene plastic in
accordance with AWWA C105. The polyethylene wrap shall be tube type and black color. Any
damage that occurs to the wrap shall be repaired in accordance with ANSI/AWWA C105/A21.5-
93.
7-09.3(17)A Installing Restrained Joint Pipe
Section 7-09.3(17)A is a new section:
Restrained joint Water Main shall be installed as shown on the Drawings and lay plan. The
Contractor shall submit a Water Main lay plan and the manufacturer’s recommendations to the
Engineer at least 20 working days prior to pipe installation. This work shall include all
equipment necessary to complete the work.
The restrained joint Water Main shall be fully extended by pulling on the joint after the
installation of the pipe segments as recommended by the manufacturer of the restrained joint
pipe, unless stated otherwise in the Drawings or Specifications. When newly installed Water
Main is pressurized, bending or buckling will not be allowed.
Where adjustment of the Water Main line and grade is required to avoid existing or planned
facilities, the use of mechanically jointed fittings may be used with Wedge Restraint Glands to
make the needed changes. Submit change requests to the Engineer for approval prior t o
installation.
7-09.3(19) Connections
7-09.3(19)A Connections to Existing Mains
Section 7-09.3(19)A is supplemented and revised as follows:
The Contractor shall not operate any valve on an existing water main.
Connections to the existing water main shall not be made without first making the necessary
arrangements with the Engineer in advance. The Contractor shall request water main shut-offs
for connections of new water mains to existing water mains at least ten (10) working days in
advance for each connection requiring a cutting of the existing water main.
City staff will notify in writing all water customers affected by the shut-offs of the water mains at
least 48 hours in advance (not including weekends and holidays) of any water shut-offs.
The Contractor may be required to perform the connection during times other than normal
working hours. Water main shut-offs shall not occur in the five (5) weekdays preceding nor the
day after the major holidays listed below:
• Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas, New Year’s Day
Due to the needs of various water customers in the project vicinity, water shut-off periods are
limited to the times set forth below:
Days Hours
Monday to Thursday 9:00 AM TO 3:00 PM
Friday to Sunday DO NOT SCHEDULE
Water main shut-offs shall occur during non-holiday weekdays unless otherwise specified in the
contract documents.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 3 of 14
The City of Renton’s Water Utility Manager and/or Water Maintenance Manager, at their sole
discretion, may adjust the above shut-off periods in order to address specific project
circumstances and customer needs. No water main shutoffs affecting public schools will be
allowed during scheduled school hours. The City reserves the right to re-schedule the
connection if the work area is not ready at the scheduled time for the connection.
The City of Renton Water Maintenance and Operation personnel will make all connections to
existing water mains and will operate all valves to accomplish the shut-offs of the water mains
and for subsequent reactivation. The draining of existing water mains will be done by City water
maintenance staff. The Contractor shall provide pumping and disposal of the water from the
draining of the existing water mains including de-chlorination.
Points of connection to existing water mains shall be exposed prior to trenching of the new
water mains. Before the installation of the new water mains, the Contractor shall field verify, in
the presence of the Engineer, the actual location and depth of the existing water mains where
new connections will be made to assure proper fit. After excavation, the Contractor shall verify
the dimensions, type, condition, and roundness (16-inch pipe diameter and larger) of the
exposed water main. The Contractor shall immediately notify the Engineer if the connection
cannot be made as specified by the Contract Plans in order that the connection detail may be
revised. When necessary, the profile shall be adjusted as directed by the Engineer to prevent
abrupt changes in grade and alignment of the water main and connection.
The Contractor shall provide all saw-cutting, removal and disposal of existing surface
improvements, excavation, haul and disposal of unsuitable materials, shoring, de-watering,
foundation material, at the connection areas before the scheduled time for the connection by the
City. The Contractor shall provide all materials necessary for the City Water Maintenance
personnel to install all connections to existing water mains as indicated on the contract plans,
including but not limited to the required fittings, couplings, pipe spools, shackle materials to
complete the connections. The City will cut the existing water mains and assemble all
materials.
Connections to existing water mains shall be done in two (2) steps:
Step 1: Cut-in of existing water main for installation of in-line tee, valves, fittings and
appurtenances
The Contractor shall provide all materials necessary for the City Water Maintenance personnel
to cut the existing water main as indicated on the contract plans for the installation of the in-line
tee and valves, including but not limited to the required fittings, couplings, pipe spools, shackle
materials to complete the cut-in. After the cut-in of the in-line tee and valves by City personnel,
the Contractor shall provide and install concrete blocking and polyethylene encasement behind
the tee and other fittings. A minimum 3-day curing period is for all concrete blockings before a
connection can be made to the new water mains.
Step 2: Connection of new water main to the above cut-in tee and valves on existing water
mains
After allowing a minimum 3-day curing period for all concrete thrust blocks, the Contractor shall
provide all materials necessary for the City Water Maintenance personnel to connect the new
water main to the previously cut-in tee and valves as indicated on the contract plans, including
but not limited to the required fittings, couplings, pipe spools, shackle materials to complete the
connection.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 4 of 14
7-09.3(21) Concrete Thrust Blocking and Dead-Man Block
Section 7-09.3(21) is supplemented and revised as follows:
Concrete thrust blocking shall be placed at bends, tees, dead ends, crosses and on other
fittings in conformance to the City of Renton Standards Plans, latest revisions. Blocking shall be
Class 3000, poured in place, in accordance with Section 6.02.3(2)B Commercial Concrete of the
Standards Specifications. Hand-mixed concrete or mobile concrete mixers are not allowed.
All fittings to be blocked shall be wrapped with 8-mil polyethylene plastic. Concrete blocking
shall bear against solid undisturbed earth at the sides and bottom of the trench excavation and
shall be shaped and properly formed with plywood or other acceptable forming materials so as
not to obstruct access to the joints of the pipe, bolts or fittings. The forms shall be removed prior
to backfilling.
Joint restraint (shackle rods), where required, shall be installed in accordance with Section 7-
11.3(15).
Provide concrete dead-man blocks at locations shown on the plans. The dead-man block shall
include reinforcing steel Grade 40 or better, shackle rods, installation and removal of formwork.
The Contractor shall provide the Engineer at least 1 Working Day advance notice before
pouring concrete thrust blocking and 1 Working Day advance notice for inspection and approval
of all concrete blocking prior to backfilling.
7-09.3(23) Hydrostatic Pressure Test
Section 7-09.3(23) is supplemented and revised as follows:
The Contractor shall obtain a hydrant meter with an attached backflow prevention device from
the City to draw water from the City’ water system to fill the water mains for testing, cleaning,
disinfection and for subsequent flushing purposes. The contract shall obtain a hydrant permit
from the City by completing a permit application and making the required security deposits.
There will be a charge for the water used for filling, testing, cleaning and disinfection of the
water mains.
Before applying the specified test pressure, air shall be expelled completely from the pipe,
valves and hydrants. If permanent air vents are not located at all high points, the contractor
shall install corporation cocks at such points so that the air can be expelled as the line is filled
with water. After all the air has been expelled, the corporation cocks shall be closed and the test
pressure applied. At the conclusion of the pressure test, the corporation cocks shall be
removed and plugged.
The Contractor, prior to notifying the Engineer to witness and record the pressure test, shall
have set up beforehand and successfully performed the pressure test to make certain that the
pipe is in acceptable condition. The Contractor shall then notify the Engineer at least 2 Working
Days before recording and conducting the test. The Contractor shall furnish and install
temporary blocking as required for pressure testing. Upon successful testing, temporary
blocking shall be removed.
The water main including related appurtenances and service connections to the meter setters
shall be tested in sections of convenient length under a hydrostatic pressure equal to 150 psi in
excess of that under which they will operate or in no case shall the test pressure be less than
225 psi at the highest point.
Acceptability of the hydrostatic test will be determined by two factors, as follows:
1. The loss in pressure shall not exceed 5 psi during the 2 hour test period.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 5 of 14
2. The quantity of water lost from the main shall not exceed the number of gallons per
hour as listed in the following table.
The quantity of water required to restore the pressure shall be accurately determined by either
1) pumping from an open container of suitable size such that accurate volume measurements
can be made by the Owner or, 2) by pumping through a positive displacement water meter with
a sweep unit hand registering 1 gallon per revolution. The meter shall be approved by the
Engineer.
Allowable leakage per 1000 ft. of pipeline* in GPH
Nominal Pipe Diameter in inches
PSI 6" 8" 10" 12" 16" 20" 24"
450 0.95 1.27 1.59 1.91 2.55 3.18 3.82
400 0.90 1.20 1.50 1.80 2.40 3.00 3.60
350 0.84 1.12 1.40 1.69 2.25 2.81 3.37
275 0.75 1.00 1.24 1.49 1.99 2.49 2.99
250 0.71 0.95 1.19 1.42 1.90 2.37 2.85
225 0.68 0.90 1.13 1.35 1.80 2.25 2.70
200 0.64 0.85 1.06 1.28 1.70 2.12 2.55
*If the pipeline under test contains sections of various diameters, the allowable leakage will
be the sum of the computed leakage for each size. For those diameters or pressures not
listed, the formula below shall be used:
The quantity of water lost from the main shall not exceed the number of gallons per hour as
determined by the formula:
L=SD√P
266,400
where:
L = Allowable leakage, gallons/hour
S = Gross length of pipe tested, feet
D = Nominal diameter of the pipe in inches
P = Test pressure during the leakage test, psi
7-09.3(24)A Flushing and "Poly-pigging"
Section 7-09.3(24)A shall be revised and supplemented as follows:
Sections of pipe to be disinfected shall first be poly-pigged to remove any solids or
contaminated material that may have become lodged in the pipe. If the main cannot be "poly-
pigged", then a tap shall be provided large enough to develop a velocity of at least 2.5 fps in the
main.
The "Poly-pig" shall be equal to Girard Industries Aqua-Swab-AS, 2lb/cu-ft density foam with
90A durometer urethane rubber coating on the rear of the "Poly-pig" only. The "Poly-pig" shall
be cylinder shaped with bullet nose or squared end.
The paragraph stating: “Where dry calcium hypochlorite is used for disinfection of the pipe,
flushing shall be done after disinfection.” is deleted.
Dechlorination of all water used for disinfection shall be accomplished in accordance with the
City of Renton Standard Details. Water containing chlorine residual in excess of that carried in
the existing water system, shall not be disposed into the storm drainage system or any water
way.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 6 of 14
7-09.3(24)D Dry Calcium Hypochlorite
Section 7-09.3(24)D has been replaced with:
Dry calcium hypochlorite shall not be placed in the pipe as laid.
7-09.3(24)K Retention Period
Section 7-09.3(24)K is supplemented and revised as follows:
Treated water shall be retained in the pipe at least 24 hours but no longer than 48 hours. After
this period, the chlorine residual at pipe extremities and at other representative points shall be at
least 25 mg/l.
7-09.3(24)N Final Flushing and Testing
Section 7-09.3(24)N is supplemented and revised as follows:
Before placing the lines into service, a satisfactory report shall be received from the local or
State health department or an approved testing lab on samples collected from representative
points in the new system. Samples will be collected and bacteriological tests obtained by the
Engineer.
7-09.3(25) Shackle Rods Joint Restraint Systems
Section 7-09.3(25) is a new additional section:
General:
Where shackle rods joint restraint systems are shown on the contract plans, specifications and
standard plans or when required by the Engineer, the joint restraint materials used shall be
those manufactured by Star National Products, unless an equal alternate is approved in writing
by the Engineer.
Materials:
Steel types used shall be:
High strength low-alloy steel (cor-ten), ASTM A242, heat-treated, superstar "SST" series.
High strength low-alloy steel (cor-ten), ASTM A242, superstar "SS" series.
Items to be galvanized are to meet the following requirements:
ASTM A153 for galvanizing iron and steel hardware.
ASTM A123 for galvanizing rolled, pressed and forged steel shapes.
Joint restrainer system components:
Tiebolt: ASTM A242, type 2, zinc plated or hot-dip galvanized. SST 7:5/8" for 2" and 3"
mechanical joints, 3/4" for 4" to 12" mechanical joints, ASTM A325, type 3D, except tensile
strength of full-body threaded section shall be increased to 40,000 lbs. minimum for 5/8"
and 60,000 lbs. minimum for 3/4" by heat treating (quenching and tempering) to
manufacturer’s reheat and hardness specifications. SST 753: 3/4" for 14" to 24"
mechanical joints. same ASTM specification as SST 7. SST 77: 3/4" same as SST 7,
except 1" eye for 7/8" rod. same ASTM specification as SST 7.
Tienut: heavy hex nut for each tiebolt: SS8: 5/8" and 3/4", ASTM A563, grade C3, or zinc
plated. S8: 5/8" and 3/4", ASTM A563, grade A, zinc plated or hot-dip galvanized.
Tiecoupling: used to extend continuous threaded rods and are provided with a center stop
to aid installation, zinc plated or hot-dip galvanized. SS10: for 5/8" and 3/4" tierods, ASTM
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 7 of 14
A563, grade C3. S10: for 5/8" and 3/4" tierods, ASTM A563, grade A.
Tierod: continuous threaded rod for cutting to desired lengths, zinc plated or hot-dip
galvanized. SS12: 5/8" and 3/4" diameter, ASTM A242, type 2; ANSI B1.1. S12: 5/8" and
3/4" diameter, ASTM A36, A307.
Tiewasher: round flat washers, zinc plated or hot-dip galvanized. SS17: ASTM A242, F436.
S17: ANSI B18.22.1.
Installation:
Install the joint restraint system in accordance with the manufacturer’s instructions so all
joints are mechanically locked together to prevent joint separation. Tiebolts shall be
installed to pull against the mechanical joint body and not the MJ follower. Torque nuts at
75-90 foot pounds for 3/4" nuts. Install tiecouplings with both rods threaded equal distance
into tiecouplings. Arrange tierods symmetrically around the pipe.
Pipe Diameter Number of 3/4"
Tie Rods Required
4" ............................... 2
6" ............................... 2
8" ............................... 3
10" ............................. 4
12" ............................. 6
14" ............................. 8
16" ............................. 8
18" ............................. 8
20" ............................. 10
24" ............................. 14
30" ............................. (16 - 7/8" rods)
36" ............................. (24 - 7/8" rods)
Where a manufacturer’s mechanical joint valve or fitting is supplied with slots for "T" bolts
instead of holes, a flanged valve with a flange by mechanical joint adapter shall be used
instead, so as to provide adequate space for locating the tiebolts.
Where a continuous run of pipe is required to be restrained, no run of restrained pipe shall be
greater than 60 feet in length between fittings. Insert long body solid sleeves as required on
longer runs to keep tierod lengths to the 60 foot maximum. Pipe used in continuously restrained
runs shall be mechanical joint pipe and tiebolts shall be installed as rod guides at each joint.
Where poly wrapping is required all tiebolts, tienuts, tiecouplings, tierods, and tiewashers, shall
be galvanized. All disturbed sections will be painted, to the Inspector’s satisfaction, with
koppers bitumastic no. 300-m, or approved equal.
Where poly wrapping is not required all tiebolts, tienuts, tiecouplings, tierods and tiewashers
may be galvanized as specified in the preceding paragraph or plain and painted in the entirety
with koppers bitumastic no. 800-m, or approved equal.
Tiebolts, tienuts, tiecouplings, tierods, and tiewashers shall be considered incidental to
installation of the pipe and no additional payment shall be made.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 8 of 14
SECTION 7-14 HYDRANTS
7-14.3(1) Setting Hydrants
Section 7-14.3(1) is supplemented and revised as follows:
Where shown on the Drawings, hydrants shall be installed in accordance with the detail shown
on Standard Plan nos. 310a through 314. Hydrants shall not be installed within 3 feet of a
traveled roadway. In addition, a minimum 3-foot radius unobstructed working area shall be
provided around all hydrants. The bottom surface of the breakaway flange shall be set 2-inches
minimum and 7-inches maximum above the concrete shear block finished grade. A concrete
shear block shall be constructed around all hydrants per the Standard Plans. The shear block
shall be set flush with the immediately surrounding finish grade.
After installation hydrants shall be subjected to a hydrostatic test as specified in Section 7-
09.3(23).
After all installation and testing is complete, the exposed portion of the hydrant shall be painted
with two field coats. The type and color of paint will be designated by the Engineer.
Any hydrant not in service shall be identified by covering with a burlap or plastic bag approved
by the Engineer.
Hydrants shall be installed in accordance with AWWA specifications C600-93, Sections 3.7 and
3.8.1 and the City of Renton Standard Plans. Hydrants shall be painted in accordance with the
standard details. Upon completion of the project, all fire hydrants shall be painted to the City of
Renton specifications and guard posts painted with two coats of preservative paint NO. 43-655
Safety Yellow or approved equal. Fire hydrants shall be of such length as to be suitable for
installation with connections to 6", 8" AND 10" piping in trenches 3 - 1/2 feet deep unless
otherwise specified. The hydrant shall be designed for a 4-1/2 foot burial where 12" and larger
pipe is shown unless otherwise noted on the plan.
7-14.3(2) Hydrant Connections
Section 7-14.3(2) is supplemented and revised as follows:
Fire hydrant assembly shall include: cast-iron or ductile iron tee (MJ x FL), 6" gate valve (FL x
MJ), 6" DI spool (PE x PE), 5-1/4" MVO fire hydrant (MJ connection), 4" x 5" Storz adapter, cast
iron valve box and cover, 3/4" shackle rods and accessories, concrete blocks, concrete shear
block and two concrete guard posts (only if hydrants are outside of right-of-way). Joint restraint
(Shackle Rods) shall be installed in accordance with Section 7-09.3(25)
7-14.3(3) Resetting Existing Hydrants
Section 7-14.3(3) is supplemented and revised as follows:
When the Contract specifies the resetting of an existing hydrant, the hydrant shall be reset
without disturbing the location of the hydrant lateral tee at the Water Main.
The hydrant shall be shackled as specified in Section 7-14.3(2)B. All hydrants shall be rebuilt to
the approval of the City (or replaced with a new hydrant). All rubber gaskets shall be replaced
with new gaskets of the type required for a new installation of the same type.
7-14.3(4) Moving Existing Hydrants
Section 7-14.3(4) is supplemented and revised as follows:
All hydrants shall be rebuilt to the approval of the City (or replaced with a new hydrant). All
rubber gaskets shall be replaced with new gaskets of the type required for a new installation of
the same type.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 9 of 14
SECTION 9-30 WATER DISTRIBUTION MATERIALS
9-30.1 Pipe (RC)
Section 9-30.1 is supplemented and revised as follows:
All materials for water distribution and transmission shall be new and undamaged. Prior to
ordering any pipe and fittings to be used in a potable water supply, the Contractor shall submit
the material source as required by Section 1-06.1 of the Standard Specifications. All direct and
indirect drinking water system components which come in contact with potable water shall have
National Sanitation Foundation (NSF) certification. All pipe and fittings shall be clearly marked
with the manufacturer’s name, type, class, and thickness as applicable and shall be marked on
the component at the place of manufacture. Marking shall be legible and permanent under
normal conditions of handling and storage.
9-30.1(1) Ductile Iron Pipe (RC)
Section 9-30.1(1) is supplemented and revised as follows:
1. Ductile iron pipe shall be centrifugally cast in 18 or 20 foot nominal lengths and meet the
requirements of AWWA C151. Ductile iron pipe shall have a double thick cement-mortar
lining and a 1-mil thick seal coat meeting the requirements of AWWA C104 . Ductile iron
pipe shall be minimum Standard Thickness Class 52 or the thickness class as shown in
the Plans. Flanged ductile iron pipe shall be Class 53 per AWWA C115.
2. Non-restrained joint shall be rubber gasket, push-on type joint (Tyton) or mechanical
joint (M.J.) conforming to AWWA C111 , unless otherwise specified.
3. Restrained joints shall be as specified in Section 9-30.2(6).
4. Flanged joints shall conform to ANSI B16.1, class 125 drilling pattern, rated for 250 psi
working pressure. Flanged ductile iron pipe shall be Class 53 per AWWA C 115. Thicker
Classes are acceptable.
The Contractor shall furnish certification from the manufacturer of the pipe and gasket being
supplied that the inspection and all of the specified tests have been made and the results
thereof comply with the requirements of the above referenced standards.
9-30.1(2) Polyethylene Encasement (RC)
Section 9-30.1(2) is supplemented and revised as follows:
Polyethylene encasement (plastic film wrap) shall be eight mil polyethylene, tube type
conforming to AWWA C105. All ductile iron pipes and fittings shall be installed with a
polyethylene encasement, tube-type and in black color.
9-30.2 Fittings
9-30.2(1) Ductile Iron Pipe (RC)
Section 9-30.2(1) is supplemented and revised as follows:
Fittings for ductile iron pipe shall be ductile iron conforming to AWWA C110, and AWWA C111 or
AWWA C153 and shall be cement-lined conforming to AWWA C104. All water main fittings shall
be ductile iron, short body, cement lined and for pressure rating of 350 psi for mechanical joint
fittings and 250 psi for flange joint fittings, unless otherwise specified. Metal thickness and
manufacturing process shall conform to applicable portions of ANSI/AWWA C110/A21.10.
Mechanical joint, ductile iron, compact fittings 24 inches and less shall conform to ANSI A21.53
(AWWA C153). Flanged fittings, cast or ductile iron, shall conform to ANSI B16.1, class 125
drilling pattern.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 10 of 14
Ductile iron fittings include: tees, crosses, wyes, bends, adapters, sleeves, plugs, caps, offsets,
reducers, and ells.
Rubber gaskets for push-on joints (Tyton) or mechanical joint (M.J.) shall conform to ANSI
A21.11 / AWWA C111 . Gasket materials for flange joints shall be neoprene, Buna N, chlorinated
butyl, or cloth-inserted rubber suitable for pressurized water service purposes. Type of
connections shall be specified as push-on joint (Tyton), mechanical joint (M.J.), plain end (P.E.),
flanged (FL), restrained joint (RJ) and threaded.
Sleeves less than 12 inches in diameter shall be 12 inches minimum length and shall be
mechanical joint. Sleeves greater than 12 inches in diameter shall be of the long body type and
shall be 15 inches minimum length and shall be mechanical joint.
Where ductile iron pipe is to be joined to existing cast iron pipe of the same nominal size and
the outside diameter of the existing cast iron pipe is 0.05 inches or less from the outside
diameter of the ductile iron pipe being joined, the pipe shall be joined with a mechanical joint
sleeve.
Where ductile iron pipe is to be joined to existing cast iron pipe of the same nominal size and
the outside diameter of the existing cast iron pipe conforms to AWWA 1908 classifications A, B,
C, D, or F, the pipe shall be joined with a transition mechanical joint sleeve having a single-piece
casting. Threaded pipe and flanges combinations shall not be used.
Bolts in piping and fittings shall be malleable iron, Cor-ten or stainless steel. Bolts and nuts for
flanged pipe and fittings shall conform in size and length with ANSI/AWWA C111/A21.11.
Stainless steel bolts shall meet the requirements of ASTM A-307, Grade A. Shackle rods shall
be Cor-ten or stainless steel all thread 316SS. Stainless steel nuts and bolts shall be type
316SS.
Contractor shall provide Manufacturer’s Certificate of Compliance in accordance with Section 1-
06.3 Manufacturer’s Certificate of Compliance of the Standards Specifications for all fittings and
bolts to be used.
9-30.2(2) Galvanized Iron Pipe (RC)
Section 9-30.2(2) is revised as follows:
Where galvanized iron pipe is specified, the pipe shall be standard weight, Schedule 40, steel
pipe per Standard Specifications for black and hot-dipped, zinc coated (galvanized) welded and
seamless steel pipe for ordinary uses (ASTM A-120). Fittings shall be screwed malleable iron
galvanized per ANSI B16.3.
9-30.2(3) Steel Casing Pipe (RC)
Section 9-30.2(3) is revised as follows:
Steel casing shall be black steel pipe conforming to ASTM A 53. Before installation, coat casing
exterior with shop-applied anticorrosive coating conforming to AWWA C210. Minimum coating
thickness shall be 16 mils dry film thickness (DFT); however, thickness shall not exceed
manufacturer’s recommended thickness. Coating type shall be a polyamide epoxy-coal tar
equal to Tnemec Hi-Build Theme-Tar, Series 46H-413.
Casing wall thickness shall be 0.250 inch for casings 24 inches or less in diameter and 0.375
inch for casings over 24 inches in diameter.
Carrier pipe for water main shall be Restrained Joint Ductile Iron, Class 52.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 11 of 14
9-30.2(4) Spacers and Seals for Steel Casing Pipe (RC)
Section 9-30.2(4) is revised as follows:
Casing spacers shall be “centered positioning” type bands at least 12 inch in width, and shall be
either stainless steel or heavy duty fusion bonded epoxy coated steel. Runners shall be 2-inch
wide glass reinforced plastic securely bonded to the spacer, and shall be aligned on the spacer
along the axis of insertion of the water main into the casing pipe. Runner length shall
approximate the width of the spacer. Securing the spacer to the water main shall be in
accordance with the manufacturer’s instruction. The height of the risers and runners combined
shall be sufficient to keep the carrier pipe bell, couplings or fittings at least 0.75 inch from the
casing pipe wall at all times and provide at least 1-inch clearance between the runners and the
top of the casing wall, to prevent jamming during installation.
Acceptable spacers and end seals manufacturers are Pipeline Seal and Insulator model S12G-2
for stainless steel and model C12G-2, C8G-2 for fusion-bonded and coated steel, Cascade
Waterworks Mfg. Co., Advance Products & Systems, Inc. or approved equal.
9-30.2(6) Restrained Joint Pipe and Fittings (RC)
Section 9-30.2(6) is revised as follows:
Restrained joints (RJ) ductile iron pipe and fittings, where required on the plans, shall be flexible
after assembly and be able to be disassembled. Restrained joints shall meet the following
criteria:
1. The restrained joint shall have a positive metal to metal contact locking system without
the use of gripping teeth. Gaskets for push-on joint pipe with integrally molded steel or
metal teeth or locking segments shall not be allowed as substitutes for restrained-joint
pipes.
2. The joint restraint system for the pipe shall be the same as the joint restraint system for
the pipe fittings, except as provided in item 4 below.
3. The joint restraint system for the pipe shall be boltless.
4. Where restrained joint fittings required on the plans cannot be furnished or where
restrained jointed fittings are required in areas that are known to be subject to location
adjustments, the Contractor may submit a lay plan showing mechanically jointed fittings
with wedge restraint glands f or approval. Mechanically jointed pipe with wedge restraint
glands shall not be substituted for restrained joint pipe.
Wedge Restraint Glands:
Wedge restraint glands shall conform to AWWA C111, ASTM A 536-80 Grade 65-42-12. All
bolts and wedges shall be ductile iron. Wedge shall be heat-treated to a minimum 370 BHN.
Wedge restraint glands shall be rated for 350 psi for pipe 12 inch in diameter and smaller.
9-30.2(7) Bolted, Sleeve-Type Couplings for Plain End Pipe (RC)
Section 9-30.2(7) is revised as follows:
Transition couplings, reducing couplings, transition reducing couplings, sleeves, flexible
couplings for water main shall be compression type by pipe manufacturer: Romac or Ford or
approved equal. Bolts and nuts shall be high strength, low alloy steel, corrosion resistant per
AWWA C111. Stainless steel bolts require anti-seize compound. Heavy hex nuts shall be used.
The long body pattern with a minimum center ring or center sleeve length of 12-inches for pipe
less than 12 inches in diameter and equal to or greater than the pipe diameter for pipe greater
than 12 inches in diameter. Solid sleeves (greater than 12 inch diameter) shall be a 15 inch
minimum length.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 12 of 14
9-30.3 Valves (RC)
Section 9-30.3 is supplemented and revised as follows:
The valves shall be a standard pattern of a manufacturer whose products are approved by the
Engineer and shall have the name or mark of the manufacturer, year valve casting was made,
size and working pressure plainly cast in raided and legible letters on the valve body. All valves
shall be NSF approved and valve bodies shall be ductile iron. All valves shall be stamped with
“NSF APPROVED” and “DI”.
Where a valve is required to operate in a higher pressure environment than the Class of valve
specified in Section 9-30.3, the class of valve shall be as specified in the Contract.
9-30.3(1) Gate Valves (3 inches to 16 inches) (RC)
Section 9-30.3(1) is supplemented and revised as follows:
All valve material shall be new and undamaged. Unless otherwise approved by the Engineer,
the same manufacturer of each item shall be used throughout the work.
All gate valves shall be ductile iron body, bronze mounted, resilient seat, non-rising stem and
shall be equipped with a standard two (2) inch square operating nut and O-ring stem seals.
Valves shall open counterclockwise when viewed from above. Valves shall be designed for a
minimum water operating pressure of 200 PSI.
Resilient seated gate valves shall be manufactured to meet or exceed the requirements of
AWWA Standard C-509 and C-515 latest revisions.
Valve ends shall be mechanical joints, flanged joints or mechanical by flanged joints as shown
on the project plans. Where restrained joints are called out, valve ends shall be flanged with
appropriate flange by restrained joint adapters.
All gate valves shall include an 8" x 24" cast iron gate valve box and extensions, as required. A
valve stem extension is required where the valve operating nut is more than 3 feet below
finished grade. Valve stem extensions are to be a minimum of 1 foot with only one extension
per valve in shall be installed in accordance to the City of Renton standard plans.
Acceptable gate valves are Clow, M & H/Kennedy, American Flow Control (ACIPCo),
Pratt/Mueller, US Metroseal or approved equal in sizes 16 inches and less.
Approval of valves other than models specified shall be obtained prior to bid opening.
9-30.3(3) Butterfly Valves (RC)
Section 9-30.3(3) is supplemented and revised as follows:
In addition to the requirements of section 9-30.3, water main butterfly valves shall conform to
AWWA C504 and shall be Class 150B. The valve shall be short-body type and shall have
flanged ends. Flanged ends shall be sized and drilled in conformance with ANSI B16.1 Class
125. Valve shall be suitable for direct bury and shall have a stem extension with AWWA 2-inch
square operating nut and suitable valve box. All butterfly valves bodies and discs shall be
ductile iron.
The butterfly valves shall be manufactured by Henry Pratt Company, Mueller, DeZurick, Mosser
Valve Division of Olsen Technologies, Dresser 450, Pratt Groundhog or approved equal.
9-30.3(4) Valve Boxes (RC)
Section 9-30.3(4) is supplemented and revised as follows:
Valve boxes shall be installed on all buried valves. The box and lid shall be cast iron, 2-piece
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 13 of 14
slip type with cast iron extension as necessary, conforming to the City of Renton latest standard
plans. The cover shall have the word “WATER” cast in it and shall have cast-iron “ears” installed
in the direction of the main. Valve box extension pieces shall be provided for valves with
groundcover in excess of the depth of the standard valve box.
Acceptable manufacturers of valves boxes and covers are Olympic Foundry, Inc., EJCO, Rich
(Varnish Casting Corp.).
9-30.3(5) Valve Marker Posts (RC)
Section 9-30.3(5) is supplemented and revised as follows:
Valve markers shall be Carsonite composite utility marker .375"x 6'-0" or approved equal with
blue label "water”. The valve markers shall be installed in conformance with the City of Renton
Standard Plans.
9-30.3(6) Valve Stem Extensions (RC)
Section 9-30.3(6) is supplemented and revised as follows:
Valve stem extensions shall have a 2-inch square operating nut and self-centering rockplate. A
valve stem extension is required where the valve operating nut is more than 3 feet below
finished grade. Valve stem extensions are to be a minimum of 1 foot with only one extension
per valve in shall be installed in accordance to the City of Renton standard plans.
9-30.3(7) Combination Air Release/Air Vacuum Valves (RC)
Section 9-30.3(7) is supplemented and revised as follows:
Combination air release/air vacuum valves shall comply with the requirements of ANSI/AWWA
C512. Air and vacuum release valves shall be APCO No. 143C- Valve and Primer Corp,
"Heavy-Duty," combination air release valve, Val -Matic No. 201C, Crispin UL10 or approved
equal. Installation shall be per the City of Renton Standard Details, latest revision. Piping and
fitting shall be copper or brass. Location of the air release valve as show on the plans is
approximate. The installation shall be set at the actual high point of the line.
9-30.3(8) Tapping Sleeve and Valve Assembly (RC)
Section 9-30.3(8) is supplemented and revised as follows:
Tapping sleeves shall be cast iron, ductile iron, or epoxy-coated steel. Bolt and nuts shall be
Cor-Ten or stainless steel.
9-30.3(9) Blow-Off Assembly (RC)
Section 9-30.3(9) is a new section:
Installation of blow-off assembly shall be per City of Renton Standard Details, latest revision.
Pipe and fittings shall be galvanized. Blow-off assembly shall be installed at location(s) shown
on the plans. Temporary blow-off assembly on new dead-end water main shall be installed at
location shown on the plans. Temporary blow-off assemblies for testing and flushing of the new
water mains will not be included under this item and shall be considered incidental to the
contract and no additional payment shall be made.
9-30.5 Hydrants (RC)
Section 9-30.5 is supplemented and revised as follows:
Fire hydrants shall conform to AWWA C502 and shall be of standard manufacture and of a
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Special Provisions Page 14 of 14
pattern approved by the City of Renton. The name or mark of the manufacturer, size of the
valve opening and year made shall be plainly cast in raised letters on the hydrant barrel to be
visible after the hydrant is installed.
9-30.5(1) End Connections (RC)
Section 9-30.5(1) is revised as follows:
Hydrant end connections shall be mechanical joint connection
9-30.5(2) Hydrant Dimensions (RC)
Section 9-30.5(2) is replaced with the following:
Fire hydrants shall have a valve opening with minimum diameter of 5-1/4 inches, “O” ring stem
seal, two 2-1/2 inches National Standard Thread (N.S.T.) hose nozzle connections, one 4-
inches pumper port connection with City of Seattle standard threats and with a 4.875” Seattle
thread x 5” Storz adapter attached with a 1/8” stainless steel cable. The shoe connection and
hydrant connection inside pipe size and auxiliary gate valve shall be 6 inches, mechanical joint
with lugs. The operating nut and port cap nuts are 1-1/4-inch pentagonal.
Hydrant restraint system shall be two 3/4-inch diameter Cor-Ten steel shackle rods with a
poured in place concrete thrust block behind the hydrant shoe. If a wedge restraint system is
used in lieu of shackle rods, mechanical joint pipe shall be used. Hydrants shall be provided
with a breakaway flange assembly and be equipped with breaking devices at the sidewalk.
The hydrant curb stand section of the hydrant that is above ground including all exposed
surfaces of the breakaway flange shall be painted with 2 field coats of paint Kelly-Moore Luxlite
or approved equal in Safety Yellow color. Fire hydrants shall be installed per City of Renton
Standard Details for fire hydrants, latest revisions.
Hydrants of the following manufacture and pattern have been approved by the City of Renton.
Clow Medallion, M&H 929, Mueller Centurion Model A-423, Waterous Pacer, American Darling
Model B-62B, Kennedy K81D Guardian, East Jordan WaterMaster 5CD250.
9-30.6(3)B Polyethylene Pipe (RC)
Section 9-30.6(3)B has been modified as follows:
Polyethylene pipe shall not be used.
9-30.6(4) Service Fittings (RC)
Section 9-30.6(4) has been revised as follows:
Fittings used for copper tubing shall be compression type with gripper ring.
9-30.6(5) Meter Setters (RC)
Section 9-30.6(5) has been supplemented as follows:
Meter setters shall be installed per the City of Renton Standard Details for water meters, latest
revision.
9-30.6(7) Meter Boxes (RC)
Section 9-30.6(5) has been supplemented as follows:
Meter boxes shall be installed per the City of Renton Standard Details for water meters, latest
revision.
AGENDA ITEM #6. g)
UTB 1221
EXHIBIT A Attachment 1
City of Renton
General Design and Construction Standards for Water Main Extensions
The design of all water main extensions of the City of Renton Water System shall conform to the
design standards and requirements of the City and of the State of Washington Department of
Health’s latest Water System Design Manual and standards for Group A Public Water Systems.
Title 4 of the Renton Municipal Code on Development Regulations, adopted in 1998, is the
basis for these Engineering Standards for the design and construction of water main extensions
and related appurtenances.
These standards set forth minimum standards for the planning, design and construction of water
mains and related appurtenances. These standards do not include the design of special
facilities, such as pump stations or reservoirs. These special facilities require unique design
requirements and will subject to individual review by the Water Utility.
Compliance with these standards does not relieve the designer of the responsibility to apply
conservative and sound professional judgment. The Water Utility may at its sole discretion due
to special conditions and/or environmental constraints, require more stringent requirements that
would normally be required.
The construction of all City water system improvements shall comply with the City Development
regulations and standards, the latest City adopted version of Washington State Department of
Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction
as amended by APWA and by the City of Renton Public Works Department.
GENERAL REQUIREMENTS FOR EXTENSION OF WATER MAINS
Fireflow requirements
The fireflow requirements for a proposed development, redevelopment, tenant improvements, or
for other types of building improvements or change of building usage shall be determined by the
City of Renton Fire Marshal.
A. The City Water Utility will determine the available fireflow using its computer simulated
hydraulic model of the City water system.
B. The minimum system pressure during fireflow analysis is 20 psi at the fire location and
30 psi throughout the rest of the distribution system.
New developments or redevelopment of existing sites are required to meet the minimum City
fireflow requirements. The developer shall provide information to the City to determine the
fireflow requirements for the development or redevelopment. The developer is responsible for
the design and installation of all necessary water main improvements to provide the required
fireflow including off-site and on-site water mains. The change of use of existing buildings or
areas may also require the installation of the water main improvements.
Water main Sizing
The diameter of transmission main(s) shall be determined by hydraulic analysis to verify that the
main(s) can deliver the required fire flow demand for a proposed development or redevelopment
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Attachment 1 Design & Construction Standards Page 2 of 9
project. The minimum size distribution system line shall not be less than eight inches (8”) in
diameter and for a looped system and for a future looped system.
The minimum size distribution system in single family residential areas shall not be less than
eight inches (8”) in pipe diameter when the main is serving hydrants and domestic water
services. Exception to the minimum diameter might be made in short cul-de-sacs and in areas
where looping of a water main is not feasible and when no future extension will be required. In
these cases the main stubs could be a minimum of six inches (6”) in diameter if no fire hydrants
are connected. The sizing of dead-end water main without fire hydrants shall provide sufficient
flow to the domestic meters and water services.
Water mains in multi-family residential and in non-residential areas shall be sized to provide the
required fire flow demand and shall not be less than eight inches (8”) in pipe diameter.
Water main Oversizing
If it is determined that it would be to the best interests of the City and the general locality to be
benefited thereby to install a larger size main than one then needed or considered by the
owners or developers immediately abutting the street, alley or easement in which such a main is
to be placed, then the City may at its own discretion, require the installation of such a larger
main in which case the City shall pay the difference in cost between the installation cost of the
similar main and of the larger main.
Any party required to oversize the water mains may request the City Water Utility participate in
the cost of the project.
Pipeline Velocities
In accordance with the Department of Health (DOH) recommendations, the City of Renton
requires that the design of new distribution mains provide for operating velocities less than or
equal to eight feet per second (8 ft/sec) under fire flow conditions and other emergency demand
conditions, and under peak hour demand.
Water Main Extension and Location
All water main extensions within the City of Renton will be extended in a manner in and along
routes which comply with the City’s comprehensive water system plan.
All water main extensions shall extend through and across the full frontage of the properties to
be served and shall also be extended through and to the extreme boundaries of the properties
being developed or redeveloped. Whenever possible, provisions shall be made for looping all
existing and new dead-end mains associated with the proposed development or redevelopment
projects. An easement with minimum width of 15 feet shall be provided to the adjacent property
line or right-of-way for looping of a temporary dead-end main.
Preferred location for new water mains in City streets, absent conflict with other existing utilities,
is as follows:
(a) Water mains to be located on the north or east side of the street
(b) Water mains with diameter of 10 inches or less to be located within the paved area of a
roadway and 4 feet from the face of the curb line.
(c) Water mains with diameter of 12 inches or larger to be located within the paved area of
roadway and 6 feet from the face of curb line.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Attachment 1 Design & Construction Standards Page 3 of 9
(d) Fittings (horizontal bends and blocking) shall be used when necessary to maintain the
uniform offset from the face of the curb line. Pipe deflection may be used on long radius
curve (radius of 500 feet) and shall not exceed one-half of the pipe manufacturer’s
recommended maximum joint deflection.
(e) Water mains shall be installed with no less than three (3) feet cover from finish grade for
pipe with diameter of 10 inches or less and with no less than four (4) feet of cover for
pipe with diameter 12 inches or larger. Water mains shall have no more than six (6) feet
of cover from finish grade.
(f) When water mains are constructed on private properties and within paved areas, the
water mains shall be located outside of the parking stalls when possible.
(g) Easements are required for all water mains to be located on private properties and shall
have a minimum width of fifteen (15) feet.
(h) Water mains shall be encased in a steel casing when crossing under improvements
where the ability to remove and replace the pipe without disturbance to the improvement
is needed. Casings are required when water mains crossings occur under rockeries
over 4 feet high, under retaining wall footings, under reinforced earth retaining walls, and
under railroad tracks. Casings shall extend a minimum of 5 feet past each edge of the
improvements, or a distance equal to the depth of pipe whichever is greater. The carrier
pipe shall be supported by casing spacers, where casing length exceeds 10 feet. The
minimum clearance between the bottom of the rockery and top of pipe casing shall be 2
feet. The trench for the casing pipe shall be backfilled with crushed rocks.
(i) Building setback requirements
• 10 feet minimum from building and retaining walls to water main
• 5 feet minimum from covered parking to water main
Clearances from Other Utilities
A. All clearances between water mains and other utilities listed below are from outside
edge to outside edge if each pipe
Utility Horizontal Clearance Vertical Clearance
Sanitary 10 feet 18 inches
Reclaimed Water 10 feet 18 inches
Storm 10 feet 18 inches
Gas, Electrical Power,
Telephone, Fiber Optics
5 feet 12 inches
B. Water services shall have at least 5 feet of horizontal separation from sanitary and storm
sewer stubs.
C. At points where thrust blocking is required, the minimum clearance between the back of
the concrete blocking and other buried utilities and structures shall be 5 feet.
D. When water main crosses above or below a sanitary sewer line, one full length of water
pipe shall be used with the pipe centered for maximum joint separation, and in
accordance with Washington Department of Ecology design criteria.
E. Horizontal and vertical bends and blocking shall be used when joint deflection would
exceed one-half of the pipe manufacturer’s recommended maximum deflection.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Attachment 1 Design & Construction Standards Page 4 of 9
F. Pipe joints shall be restrained where slopes are 20% or greater. Joint restraint on slopes
shall be Megalug restrainer for mechanical joint fittings and tie/rod retainer clamp
assemblies for DI push-on joints, or other methods as approved by the City. Anchor
blocks per City Standard details shall be used in conjunction with joint restraint system
where slope are 20% or greater.
Restrained-joint ductile iron pipes shall be used when more than one standard pipe
length is installed inside a steel casing. The restrained-joint pipe system shall use a
mechanical locking assembly between the bell interior surface and the retainer weldment
on the spigot end of the pipe or with an integrally cast restrained joint bell. Gaskets for
push-on joint pipe with integrally molded steel teeth or locking segments shall not be
allowed for restrained-joint pipes.
G. A blow-off assembly shall be installed at the end of all dead-end lines 6-inch or less in
diameter. A fire hydrant shall be installed at the end of all dead-end lines 8-inch or
larger in diameter.
H. Air/vacuum relief combination valves shall be installed at local high points in the water
main.
Fire Hydrants
The following information is provided as a guideline to be used during the design of water main
improvements and extensions. The final number of hydrants and their location shall be
determined and approved by the City of Renton Fire Marshal, in accordance with City codes,
development regulations and good fire engineering practice and standards.
A. All buildings constructed within the City of Renton shall be served by fire hydrants
installed in accordance with City’s codes and development regulations.
B. No building permit shall be issued until required plans have been submitted and
approved by the City.
C. No construction beyond the foundation shall be allowed until hydrants and mains are in
place.
D. Existing hydrants that do not conform to current City standard shall be replaced with new
conforming hydrants as part of the development and redevelopment projects.
E. Buildings, other than single family residences, located with portions of the building more
than one hundred and fifty feet (150’) in vehicular travel from a fire hydrant shall have
additional hydrants installed at the owner and/or developer’s expense.
F. Fire hydrants shall be located at intersections of public and private roads. The lateral
spacing of hydrants along roadways shall be predicated on hydrants being located at the
roadway intersections.
G. Single-family residential: The maximum spacing of hydrants in single-family residential
areas shall be 500 feet apart. Hydrant coverage shall be no more than 300 feet to any
residential dwellings and the distance shall be measured from the hydrant and along a
traveled roadway, access road and driveway to the dwellings.
H. Multi-family/commercial: The location of the hydrants and the number of hydrants shall
be determined by the Fire Marshal. One hydrant will be required per 1,000 gallons per
minute of fireflow requirement. The maximum distance between hydrants in multi-family
(including duplex), commercial, industrial areas shall be 300 feet. These hydrants shall
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Attachment 1 Design & Construction Standards Page 5 of 9
be located no closer than 50 feet from the structure and no greater than 300 feet. The
primary hydrant shall be no further than 150 feet from the structure.
I. Buildings that have a required fireflow of less than 2,500 gallons per minute may have
fire hydrants on one side of the building only.
J. When the required fireflow for a development or redevelopment project is over 2,500
gallons per minute, on-site fire hydrants will be required and the fire hydrants shall be
served by a water main which loops around the building or complex of buildings and
reconnects back to a distribution supply main.
K. Fire hydrant runs over 50 feet in length must be 8-inch in diameter and be terminated
with a tee, plug and hydrant assembly. Fire hydrant run less than 50 feet in length shall
be 6-inch in diameter.
L. The pumper port of the fire hydrant shall face the street or fire access road. A 3-feet
minimum clearance shall be provided around the outside of the hydrant for operation. A
5-feet minimum clearance shall be provided from the outside of the hydrant to concrete
walls, structures, utility poles and above grade electrical enclosures.
M. A fire hydrant is required within 50 feet of a fire department connection to a fire sprinkler
system.
N. Fire hydrants shall be installed in conformance with the latest City standard details and
specifications.
Water Valving
A. Water valves for twelve-inch (12”) diameter and smaller water mains shall be resilient
seated gate valves. Butterfly valves shall be used when water mains exceed twelve-inch
(12”) in diameter.
B. Water valves shall be installed along the distribution water mains at a maximum spacing
of four hundred (400) feet and at the intersection of lateral lines. Additional valving may
be required for area isolation in order to maintain water service to hydrants and water
meters when a section of the water main between the valves is isolated for repairs.
C. At water main intersections, valves shall be placed on 4 out 4 legs at each cross, and 3
out 3 legs at each tee (unless tapping an existing main). Water valves shall be located
in clusters when possible.
D. A water valve may be required near the end of the water main where future extensions
are anticipated.
E. Water valves should not be placed within the wheel path of vehicle traffic.
Water Service
All water service and appurtenances shall be installed in accordance to the City of Renton latest
Water Utility standard details and specifications.
1. Domestic Water Service:
A. Ownership: The City owns and shall maintain the service line from the tap at the main to
the meter, the meter setter, the meter tailpiece, and the meter box. The property owner
owns and shall maintain the connection fitting to the meter tailpiece, the service line
downstream of the meter tailpiece, and other appurtenances such as pressure reducing
valves, backflow prevention assemblies, etc. behind the meter.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Attachment 1 Design & Construction Standards Page 6 of 9
B. A separate water meter and water service line will be required for each single-family
residence, detached accessory dwelling unit, townhome unit, and commercial building.
C. All meters shall be the same size as the tap and service connection, unless as otherwise
approved by the Water Utility or as shown on the Water Utility’s standard plans.
D. The minimum allowable size for a water meter to a single family residence shall be
5/8” x 3/4” with a 1-inch service line from the main to the meter. The developer shall
verify that minimum pressure can be maintained when service is flowing at anticipated
maximum levels and shall increase the size of the meter and the size of the private
water service line as necessary to reduce friction losses and drop in pressure.
E. The minimum allowable water service to a single family residence with a residential fire
sprinkler system shall be 1” x 1”. The developer shall check with the fire sprinkler
designer to verify the adequate size for the service line and for the water meter to
provide the required flow for domestic use and for the sprinkler system.
F. The minimum meter and service line for all commercial and multi-family development is
1” x 1”.
G. Water services and meters of three inches (3”) and larger, including meter vaults, full-
size by-pass piping, valves, and associated piping will be purchased and installed by the
developer/contractor under City observation.
H. All new mixed-used buildings shall have separate meters for the multi-family portion and
the commercial portion of the building.
I. If a property owner has an existing meter and needs a larger size service and/or meter,
the property owner is responsible for the upsize of the service line and meter and for the
abandonment of the existing service connection at the main line. All existing meters that
are no longer needed shall be cut and capped at the main line.
J. The location and size of the meters shall be shown on the project plans. The sizing of
water meters and service lines shall be determined by the developer based on the most
recent adopted version of the Uniform Plumbing Code. Water meters shall be located in
a level unobstructed area as close to the City main as possible with the distance not to
exceed fifty (50) feet.
K. Meters to single family residences shall be placed in landscape strips, or behind the
sidewalk, and within the right-of-way. Meters shall not be installed within driveways.
L. Meters to commercial development should be located near driveway entrances within
the right-of-way or within public utility easements in landscape areas, and near access
driveways.
M. An individual pressure reducing valve assembly (PRV) shall be installed downstream of
the water meter in accordance with the City standard details and with the latest edition of
the Uniform Plumbing Code when the service connection pressure exceeds 80 psi.
2. Fire Sprinkler Service:
A. Fire sprinkler service to all buildings, except for single-family residences, shall be
installed by a separate water main connection and service line.
B. Fire sprinkler system connections to the City’s water system shall be owned and
maintained by the property owner, beginning immediately downstream of the
gate valve where the system connects to the City’s water main.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Attachment 1 Design & Construction Standards Page 7 of 9
C. A backflow prevention assembly equipped with detector check meter, also known
as a Double Check Detector Assembly (DCDA) shall be installed on all fire
sprinkler lines as required by and in accordance with the latest revisions of WAC
246.290.490 or subsequent revisions, the City of Renton Development Standards
and Regulations, the City’s Cross-Connection Control Program Manual and the
City standard details. A Reduced-Pressure Principle Detector Assembly
(RPPDA) shall be installed on fire sprinkler line equipped with a fire pump and/or
on fire sprinkler system in which chemical addition or antifreeze is allowed.
D. When the distance from the point of connection to a City water main to the fire
sprinkler riser assembly is less than fifty (50) feet, the backflow prevention
assembly may be installed as part of the sprinkler riser assembly and be placed
within the building riser room that is adjacent to an exterior wall of the building.
The interior installation of a backflow prevention assembly for the fire sprinkler
system must be pre-approved by the Water Utility and the installation must
conform to the Water Utility standard plans. The location of the backflow
prevention assembly inside the building shall be shown on the building plans and
on the fire sprinkler plans. The detector meter on the backflow prevention
assembly shall be a Sensus Iperl meter with a 520 M radio read conforming to
the City’s water meter standards. The radio read battery-unit and antenna shall
be mounted on the exterior building wall. The building plans and the fire sprinkler
plans shall show the cut-out hole on the building wall to accommodate the
installation of the radio with battery unit and sensor plate.
E. A post indicator valve (PIV) shall be placed at the property line for the fire
sprinkler connection between the public water main within the right-of-way and
the private fire sprinkler supply line. A PIV shall also be placed behind the
backflow prevention assembly for the fire sprinkler system.
F. Fire Department Connections (FDC’s) shall be placed within fifty (50) feet of a
fire hydrant assembly or as directed by the Fire Marshal.
G. The fire sprinkler system and supply line shall be designed by a Fire Protection
Engineer. Separate plans shall be submitted to the City Fire Marshal for review
and permitting.
H. Underground fire sprinkler supply lines shall be installed by a Washington State
Certified Level “U” contractor in accordance with WAC 212-80-010.
3. Landscape Irrigation
A separate landscape irrigation meter and service line shall be installed for all multi-
family, mixed-used, commercial development where water is used for landscape
purposes and will not enter the sanitary sewer system.
Backflow Prevention
Per City Ordinance No. 4312, all irrigation systems, fire sprinklers and other water uses which
may or will cause the contamination of the potable water supply by backflow, shall be required
to install approved backflow prevention assemblies to meet the requirements of WAC 246-290-
490 “Cross-Connection Control Regulations in Washington State:, and the recommendations of
the PNWS-AWWA Cross Connection Control Manual, latest edition, and the City’s Cross-
Connection Control Program – Appendix G. Requirements may include premise isolation, point
of use protection, or a combination of the two.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Attachment 1 Design & Construction Standards Page 8 of 9
All new multi-family, multiple-use, mixed-used, and commercial buildings or all tenant
improvements to existing multiple-use, mixed-used, and commercial buildings shall have a
Reduced Pressure Backflow Assembly (RPBA) at the water meter or as near as possible to the
water meter for premise isolation. Premise isolation at the water meter by an approved air gap
or a reduced pressure backflow assembly is required for all sites utilizing an auxiliary supply.
Multi-family and mixed-used projects that require backflow prevention protection are strongly
recommended to provide a bypass with equal backflow prevention to avoid interruption or loss
of water service during maintenance, testing and repair.
All backflow prevention assemblies installed shall be on the State of Washington DOH list of
approved backflow prevention assemblies, most recent edition at the time of installation.
Satisfactory testing shall be completed upon the installation, repair, or relocation of all backflow
assemblies, and annually thereafter. A complete test report must be submitted to the Water
Utility or Plumbing Inspector prior to final acceptance.
Connections to Existing System
A. Connections to existing mains including the installation of in-line valve(s) shall be done
by a cut-in tee and valve(s) unless otherwise approved by the City Water Utility.
B. When a “wet-tap or live-tap” of an existing water main is authorized by the City Water
Utility, water mains shall be tapped by a City-approved “wet-tap” contractor and under
the City’s observation. Materials for tapping tee and valves are described in the
following section for Material Requirements and Construction Standards for Water main
Pipes and Appurtenances. Tapping tee shall be made of stainless steel, or full bodied
cast-iron Mueller-type tapping tee, or ductile iron mechanical joint tapping tee with outlet
flange.
C. Size on size tapping tees are not allowed, unless a shell cutter, one size smaller than the
existing water man is used.
D. Connections to existing mains smaller than 8 inches in diameter shall be made by
cutting in a tee, unless otherwise approved by the City Water Utility.
Easements for Public Water Main Improvement and Extension
A public water utility easement to the City is required for the installation, operation, and
maintenance of water mains on private property. The easement shall extend a minimum of
seven and one-half (7.5) feet to each side of the centerline of the main, water meters, hydrants.
The easement shall be provided on City’s standard easement form. Legal description of the
easement along with a sketch of the easement shall be stamped and signed by a licensed land
surveyor and incorporated in the easement form as exhibits.
AGENDA ITEM #6. g)
UTB 1221 Exhibit A Attachment 1 Design & Construction Standards Page 9 of 9
GENERAL DESIGN STANDARDS AND REQUIREMENTS FOR DESIGN PLANS
A. Each fitting or valve shall have end-attachment type listed such as: FL (for flange), MJ
(for mechanical joint), FL x MJ (flange by mechanical joint), FL x FL (for flange by
flange), PE (for plain-end), etc. Call-outs in order, # of each, diameter, fitting, joint type.
For example: 1- 8” Tee (MJ x FL), 1- 8” Gate Valve (FL x MJ), 2-8” 45° Bends (MJ x MJ)
B.List pipe length (from center-of-fitting to center of fitting), size, and material alongside
each pipe, i.e.: 150 LF – 8” DI. Pipe lengths can be listed on a table shown on the same
plan sheet.
C.Dimension existing and new water main locations from right-of-way line and/or property
line or label stations and offsets.
D.Each fitting, valve, hydrant shall have a reference stationing and offset from a street or
right-of-way centerline or from the centerline of an easement.
E.Blocking- Reference Standard Plans:
Blocking shall be shown on the plans at all horizontal and vertical bends, tees, end caps.
The sizing of the blocking shall be as shown on the Standard Plans. Joint restraint at
fittings and pipes in addition to reduced-sized thrust blocks may be required due to
conflict with other utilities, lack of adequate space for support, poor soil, or lack of
sufficient soil bearing area for standard size blocks.
F.Connection details to existing water mains shall be per the Standard Plans. Reference to
the applicable connection details shall be shown on the plans at each connection to the
existing water system. Temporary blow-offs and vertical crosses for “poly-pigging”
stations shall be called-out on the plans and with reference to the applicable Standard
Plans.
G.Existing water mains to be abandoned in place shall be capped at each end with a
mechanical joint cap or plug.
H.All water vaults (for large domestic water meters, backflow prevention assemblies,
pressure reducing stations. etc.) shall include design for floor drain piping to daylight, or,
if daylight is not feasible to the storm system. Where vault floor drain cannot drain to
daylight or to the storm system, consult with the City Water Utility during project design
review to determine the best alternative.
I.Outside-installed Reduced Pressure Backflow Assemblies (RPBA’s) shall be installed in
above ground enclosures. RPBA’s shall not be installed in vaults. All RPBA enclosures
shall be provided with a bore sighted daylight drain sized to meet the flow requirements
of the RPBA relief vent. Meter vaults shall be located outside the sidewalk whenever
possible.
J.Service connections or water utility distribution system piping shall not be used for
grounding of electrical or for the maintenance, integrity or continuity of any grounding
attachment or connection.
K.Manufacturer’s certification of testing and accuracy shall be provided for all large (3-inch
and above) meters installation.
AGENDA ITEM #6. g)
Utility Agreement
UTB 1221
EXHIBIT A Special Provisions
Attachment 2
DRAFT SCOPE OF WORK
I-405, SR 167 Interchange Direct Connector
South 14th Street – 8” Water Main Relocation
The Work involved under the terms on this Utility Agreement shall include but not be limited to the
following:
Engineering Design Drawings
Preparation of engineering design plans for installation of new 8-inch water main in the re-aligned
South 14th Street from Davis Ave S to Morris Ave S including connections to existing water lines.
Capping existing 8-inch water lines at the north end of Davis Ave S, Shattuck Ave S, Whitworth Ave
S, Morris Ave S and Smithers Ave S with installation of new fire hydrants at end of lines.
Capping of existing 4-inch water main in S 14th St from Lake Ave S to Smithers Ave S.
Plans (plan and profile) shall meet the City of Renton latest standards for plan submittal. Final plans
sheets shall be on 24”x36” or 22”x34” Mylar, matte on both sides. CAD software used will be AutoCad
2014 or later. Plan scale shall be 1”=10’, 1”=20’, or 1”=30’ for horizontal and 1”=5’ for vertical.
Construction of Water Line Relocation
Furnishing and installing:
Approximately 860 feet of 8-inch ductile iron (DI) water main and fittings, 4 fire hydrants,
including valves and related appurtenances within the re-aligned S 14th St from Davis Ave S
to Morris Ave S, including connections to existing water lines.
Cut and cap existing water mains in Lake Ave S, Davis Ave S, Shattuck Ave S, Whitworth
Ave S, Morris Ave S and Smithers Ave S including installation of 2 new hydrants at end of
existing lines on Lake Ave S and Smithers Ave S.
Connect new 8-inch water line in re-aligned S. 14th St to existing water lines in Davis Ave S,
Shattuck Ave S, Whitworth Ave S and Morris Ave S.
Trenching, excavation, export excavated trench material, as necessary, import trench backfill,
shoring, dewatering, trench backfill and final restoration of roadways and private properties.
The work also includes all traffic control, erosion control and sedimentation control.
AGENDA ITEM #6. g)
UTB 1221
EXHIBIT A Attachment 3
CITY OF RENTON
WATER ENGINEERING STANDARD PLANS
February 2016
AGENDA ITEM #6. g)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
2
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
3
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
4
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
5
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
6
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
7
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
8
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
9
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
1
0
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
1
1
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
1
2
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
1
3
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
1
4
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
1
5
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
1
6
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
1
7
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
U
T
B
1
2
2
1
E
x
h
i
b
i
t
A
A
t
t
a
c
h
m
e
n
t
3
P
a
g
e
1
8
o
f
1
8
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
UTB 1221 Exhibit B
A
G
E
N
D
A
I
T
E
M
#
6
.
g
)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY
CENTER COMMUNITY PLAN.
WHEREAS, the City Center Community Plan was adopted June 6, 2011 by Resolution No.
4098; and
WHEREAS, the plan was developed with extensive public outreach and in conjunction
with residents, business owners/operators, and other stakeholders; and
WHEREAS, the plan sets the goals and objectives for improving the City Center over a 20-
year timeframe; and
WHEREAS, the plan identifies implementation strategies to facilitate the accomplishment
of its goals and objectives; and
WHEREAS, the City seeks to amend one of the plan’s implementation strategies to
provide clarity; and
WHEREAS, the proposed amendment is compatible with the intent of the City's adopted
Comprehensive Plan; and
WHEREAS, the Planning Commission held a public hearing on May 3, 2017, considered all
relevant matters, and heard all parties in support or opposition, and subsequently forwarded a
recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council of the City of Renton, Washington , hereby amends
Implementation strategy 8.3.3 of the City Center Community Plan to add a sentence at the end
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
2
of the paragraph titled Additional Details. The sentence is to read, “[t]he City shall not utilize
Eminent Domain in furtherance of this policy,” as shown on Attachment A, incorporated herein
by this reference.
PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2017.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _______________________, 2017.
______________________________
Denis Law, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES.1736:6/6/17:scr
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
3
ATTACHMENT A
AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF RENTON AND QUENDALL TERMINALS, A WASHINGTON JOINT
VENTURE.
WHEREAS, Quendall Terminals, a Washington joint venture, made application to the City
of Renton for a Master Site Plan, Binding Site Plan, and Shoreline Substantial Development
Permit; and
WHEREAS, SEPA Environmental Review was completed for the Quendall Terminals
project, with the City issuing a Draft Environmental Impact Statement (DEIS) on December 10,
2010, an Addendum to the DEIS on October 19, 2012, a Final Environmental Impact Statement
(FEIS) and Mitigation Document on August 31, 2015, and a Consistency Analysis on February 9,
2017; and
WHEREAS, development agreements are authorized under RCW 36.70B.170-210; and
WHEREAS, a development agreement and associated land use applications, LUA09-151,
were presented for the Quendall Terminals project at a public hearing before the Hearing
Examiner held on April 18, 2017; and
WHEREAS, the Hearing Examiner heard public comment presented at the public hearing
for the Quendall Terminals project and on May 9, 2017 issued a decision recommending that the
City Council approve a modified development agreement and associated land use applications
(LUA09-151) subject to 46 conditions of approval; and
AGENDA ITEM # 8. b)
RESOLUTION NO. _______
2
WHEREAS, the City Council has taken into account the public comment presented at the
public hearing and the Hearing Examiner’s recommendation and has considered the
development agreement attached hereto as Attachment A which incorporates the Hearing
Examiner’s recommended modification;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to sign the development
agreement between the City of Renton and Quendall Terminals, a Washington Joint Venture, the
form of which is attached hereto as Exhibit A and incorporated by this reference.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of ___________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES:1725:5/12/17:scr
AGENDA ITEM # 8. b)
RESOLUTION NO. _______
3
EXHIBIT A
FORM OF DEVELOPMENT AGREEMENT
BETWEEN CITY OF RENTON AND QUENDALL TERMINALS, A
WASHINGTON JOINT VENTURE
AGENDA ITEM # 8. b)
10018 00011 ge17ct42hq
CITY OF RENTON, WASHINGTON
WATER AND SEWER REVENUE REFUNDING BOND, 2017
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
THE ISSUANCE OF A WATER AND SEWER REVENUE REFUNDING BOND IN
THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,500,000 FOR
THE PURPOSE OF REFUNDING A PORTION OF THE CITY’S WATER AND
SEWER REVENUE AND REFUNDING BONDS, 2007; PROVIDING THE FORM,
TERMS AND COVENANTS OF THE BOND; DELEGATING CERTAIN AUTHORITY
TO APPROVE THE FINAL TERMS OF THE BOND; AND AUTHORIZING OTHER
MATTERS RELATED THERETO.
PASSED: June 19, 2017
PREPARED BY:
PACIFICA LAW GROUP LLP
Seattle, Washington
AGENDA ITEM # 8. c)
-i-
10018 00011 ge17ct42hq
ORDINANCE NO. ________
TABLE OF CONTENTS
Section 1. Definitions ..................................................................................................................... 3
Section 2. Findings Regarding Parity Provisions .......................................................................... 12
Section 3. Authorization and Description of Bond ...................................................................... 13
Section 4. Registration of Bond.................................................................................................... 14
Section 5. Priority and Payment from the Waterworks Utility Fund ........................................... 15
Section 6. Funds and Accounts .................................................................................................... 17
Section 7. Covenants .................................................................................................................... 20
Section 8. Tax Covenants ............................................................................................................. 23
Section 9. Future Parity Bonds ..................................................................................................... 25
Section 10. Form of Bond ............................................................................................................. 28
Section 11. Execution of Bond ..................................................................................................... 28
Section 12. Right of Prepayment ................................................................................................. 29
Section 13. Sale of Bond .............................................................................................................. 29
Section 14. Application of Bond Proceeds; Plan of Refunding .................................................... 31
Section 15. Ongoing Disclosure; Additional Covenants ............................................................... 34
Section 16. Lost, Stolen or Destroyed Bond ................................................................................ 34
Section 17. Contract; Savings Clause ........................................................................................... 34
Section 18. General Authorization, Ratification of Prior Acts ..................................................... 35
Section 19. Effective Date of Ordinance ...................................................................................... 35
Exhibit A Form of Bond
This Table of Contents is provided for convenience only and is not a part of this
ordinance.
AGENDA ITEM # 8. c)
10018 00011 ge17ct42hq
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
THE ISSUANCE OF A WATER AND SEWER REVENUE REFUNDING BOND IN
THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,500,000 FOR
THE PURPOSE OF REFUNDING A PORTION OF THE CITY’S WATER AND
SEWER REVENUE AND REFUNDING BONDS, 2007; PROVIDING THE FORM,
TERMS AND COVENANTS OF THE BOND; DELEGATING CERTAIN AUTHORITY
TO APPROVE THE FINAL TERMS OF THE BOND; AND AUTHORIZING OTHER
MATTERS RELATED THERETO.
WHEREAS, the City of Renton, Washington (the “City”) has created and operates a
waterworks utility of the City, including the water, sewer, wastewater and storm drainage
systems (together, the “Waterworks Utility”); and
WHEREAS, the City issued and now has outstanding the following water and sewer
revenue bonds, each being payable on a parity of lien on the revenues of the Waterworks
Utility:
Series
Authorizing
Ordinance
Original
Principal Amount
Outstanding
Principal Amount
2007 5313 $ 9,750,000 $ 7,120,000
2008A 5313 9,975,000 695,000
2012 5672 9,190,000 9,045,000
2016 5812 9,385,000 9,230,000
(together, the “Outstanding Parity Bonds”); and
WHEREAS, the Water and Sewer Revenue and Refunding Bonds, 2007 , issued on
November 6, 2007 (the “2007 Bonds”), maturing on or after December 1, 2018 (the “Refunding
Candidates”), are subject to optional redemption, in whole or in part, on any date on or after
December 1, 2017, at a price of par plus interest accrued to the date of redemption; and
AGENDA ITEM # 8. c)
-2-
10018 00011 ge17ct42hq
WHEREAS, after due consideration it appears to the City Council (the “Council”) that all
or a portion of the Refunding Candidates (the “Refunded Bonds”) may be defeased and
refunded by proceeds of the water and sewer revenue refunding bond authorized herein (the
“Bond”) at a savings to the City and its ratepayers; and
WHEREAS, the respective ordinances authorizing the issuance of the Outstanding Parity
Bonds permit the issuance of additional bonds on a parity with the Outstanding Parity Bonds for
refunding purposes if certain conditions are met; and
WHEREAS, the Council wishes to delegate authority to the Mayor, the Chief
Administrative Officer and the Administrative Services Administrator of the City (as further
described herein, each a “Designated Representative”) for a limited time, to approve the
interest rates, maturity date, redemption terms, and other terms for the Bond within the
parameters set by this ordinance; and
WHEREAS, the City intends to issue a request for proposals from various financial
institutions to purchase the Bond; and
WHEREAS, the Council now wishes to authorize the issuance of the Bond, the
acceptance of a commitment confirming such a proposal, and the sale of the Bond to the
successful respondent subject to the terms and conditions set forth in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO
ORDAIN AS FOLLOWS:
AGENDA ITEM # 8. c)
-3-
10018 00011 ge17ct42hq
Section 1. Definitions. As used in this ordinance, the following words shall have the
following meanings:
Acquired Obligations means the Government Obligations acquired by the City under the
terms of this ordinance and the Escrow Agreement to effect the defeasance and refunding of
the Refunded Bonds, but only to the extent that the same are acquired at Fair Market Value .
Administrative Services Administrator means the City’s Administrative Services
Administrator or the successor to such officer.
Annual Debt Service for any year means all the interest on plus all principal (except
principal of Term Bonds due in any Term Bond Maturity Year) of Parity Bonds, plus all
mandatory redemption and sinking fund installments, less all bond interest payable from the
proceeds of any such bonds, which will mature or come due in that year.
After all of the Outstanding Parity Bonds issued prior to 2016 are fully redeemed,
refunded or defeased, for purposes of satisfying the Coverage Requirement or the Parity
Requirement, Annual Debt Service for any fiscal year or calendar year shall exclude any Debt
Service Offsets received or expected to be received in such fiscal year or calendar year.
Bank means the financial institution that is the successful respondent to a request for
proposals to purchase the Bond, selected by a Designated Representative.
Base Period means any consecutive 12-month period selected by the City out of the
24-month period next preceding the date of issuance of an additional series of Future Parity
Bonds.
AGENDA ITEM # 8. c)
-4-
10018 00011 ge17ct42hq
Bond means the City’s Water and Sewer Revenue Refunding Bond, 2017, or other such
series designation as approved by a Designated Representative, authorized to be issued by this
ordinance.
Bond Fund means that special fund of the City known as the Waterworks Revenue Bond
Fund, 2017 created by the City for the payment of the principal of and interest on the Bond.
Bond Register means the registration records for the Bond maintained by the Bond
Registrar.
Bond Registrar means the Administrative Services Administrator, whose duties include
registering and authenticating the Bond, maintaining the Bond Register, transferring ownership
of the Bond, and paying the principal of and interest on the Bond.
Call Date means December 1, 2017.
Chief Administrative Officer means the City’s Chief Administrative Officer or the
successor to such officer.
City means the City of Renton, Washington, a municipal corporation duly organized and
existing by virtue of the laws of the State.
Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of
the Bond or (except as otherwise referenced herein) as it may be amended to apply to
obligations issued on the date of issuance of the Bond, together with applicable proposed,
temporary and final regulations promulgated, and applicable official public guidance published,
under the Code.
Commission means the Securities and Exchange Commission.
Commitment means the commitment of the Bank to purchase the Bond.
AGENDA ITEM # 8. c)
-5-
10018 00011 ge17ct42hq
Council means the City Council as the general legislative authority of the City, as duly
and regularly constituted from time to time.
Coverage Requirement means in any calendar year 1.25 times the Annual Debt Service
for such year.
Credit Facility means a policy of municipal bond insurance, a letter of credit, surety
bond, line of credit, guarantee or other financial instrument or any combination of the
foregoing, which obligates a third party to make payment or provide funds for the payme nt of
financial obligations of the City. There may be one or more Credit Facilities outstanding at any
time.
Debt Service Offset means receipts of the City that are not included in Gross Revenue
and that are legally available to pay debt service on Parity Bonds, including without limitation
federal interest subsidy payments, designated as such by the City.
Designated City Representative means each the Mayor, the Chief Administrative Officer
and the Administrative Services Administrator of the City, any successors to the functions of
such offices, and their designees. The signature of one Designated City Representative shall be
sufficient to bind the City.
Escrow Agent means U.S. Bank National Association, Seattle, Washington.
Escrow Agreement means the Escrow Deposit Agreement between the City and the
Escrow Agent to be dated as of the date of closing and delivery of the Bond.
Fair Market Value means the price at which a willing buyer would purchase an
investment from a willing seller in a bona fide, arm's -length transaction, except for specified
investments as described in Treasury Regulation §1.148-5(d)(6), including United States
AGENDA ITEM # 8. c)
-6-
10018 00011 ge17ct42hq
Treasury obligations, certificates of deposit, guaranteed investment contracts, and investments
for yield restricted defeasance escrows. Fair Market Value is generally determined on the date
on which a contract to purchase or sell an investment becomes binding, and, to the extent
required by the applicable regulations under the Code, the term “investment” will include a
hedge.
Federal Tax Certificate means the Federal Tax Certificate signed by the Administrative
Services Administrator pertaining to the tax-exemption of interest on the Bond.
Fitch means Fitch, Inc., organized and existing under the laws of the State of Delaware,
its successors and their assigns, and, if such organization shall be dissolved or liquidated or shall
no longer perform the functions of a securities rating agency, Fitch shall be deemed to refer to
any other nationally recognized securities rating agency designated by the City.
Future Parity Bonds means all water and sewer revenue bonds of the City issued after
the date of the issuance of the Bond and having a lien and charge on Net Revenue on a parity
with the lien and charge on Net Revenue for the payment of the principal of and interest on the
Outstanding Parity Bonds and the Bond.
Government Obligations means direct or indirect obligations of, or obligations the
principal of and interest on which are unconditionally guaranteed by, the United States of
America.
Gross Revenue means all of the earnings and revenues received by the City from the
maintenance and operation of the Waterworks Utility and all earnings from the investment of
money in the Reserve Fund or any Parity Bond Fund, and connection and ca pital improvement
charges collected for the purpose of defraying the cost of capital facilities of the Waterworks
AGENDA ITEM # 8. c)
-7-
10018 00011 ge17ct42hq
Utility, except government grants, proceeds from the sale of Waterworks Utility property (other
than timber), City taxes collected by or through the Waterworks Utility, principal proceeds of
bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund
created to defease or refund Waterworks Utility obligations (until commingled with other
earnings and revenues of the Waterworks Utility) or held in a special account for the purpose of
paying a rebate to the United States Government under the Code.
Maintenance and Operation Expense means all reasonable expenses incurred by the
City in causing the Waterworks Utility to be operated and maintained in good repair, working
order and condition, including payments made to any other municipal corporation or private
entity for water service and for sewage treatment and disposal service or other utility service in
the event the City combines such service in the Waterworks Utility and enters into a contract
for such service, and including pro-rata budget charges for the City’s administration expenses
where those represent a reasonable distribution and share of actual costs, but not including
any depreciation or taxes levied or imposed by the City or payments to the City in lieu of taxes,
or capital additions or capital replacements to the Waterworks Utility.
Maximum Annual Debt Service means, at the time of calculation, the maximum amount
of Annual Debt Service that will mature or come due in the current calendar year or any future
calendar year on the Parity Bonds.
Mayor means the duly elected Mayor of the City or the successor to such officer.
Moody’s means Moody’s Investors Service, its successors and their assigns, and, if such
corporation shall be dissolved or liquidated or shall no longer perform the functions of a
AGENDA ITEM # 8. c)
-8-
10018 00011 ge17ct42hq
securities rating agency, Moody’s shall be deemed to refer to any other nationally recognized
securities rating agency designated by the City.
Net Revenue means Gross Revenue less Maintenance and Operation Expense.
Outstanding means, as of any particular time, all Parity Bonds issued theretofore except
(a) Parity Bonds theretofore canceled by the Bond Registrar afte r purchase by the City in the
open market or because of payment at, or redemption prior to, maturity; (b) Parity Bonds for
which funds have been deposited into a trust account pursuant to the ordinances authorizing
the issuance of the Parity Bonds, but only to the extent that the principal of and interest on
such Parity Bonds are payable from such trust account; (c) temporary, mutilated, lost, stolen or
destroyed Parity Bonds for which new Parity Bonds have been issued pursuant to the ordinance
authorizing their issuance; and (d) Parity Bonds exchanged for new Parity Bonds pursuant to
the ordinances authorizing their issuance.
Outstanding Parity Bond Ordinances mean the ordinances authorizing the issuance of
the Outstanding Parity Bonds identified in the recitals to this ordinance.
Outstanding Parity Bonds means the water and sewer revenue bonds of the City
identified in the recitals to this ordinance.
Parity Bond Fund means any fund created for the payment and redemption of Parity
Bonds.
Parity Bonds means the Outstanding Parity Bonds, the Bond, and any Future Parity
Bonds.
AGENDA ITEM # 8. c)
-9-
10018 00011 ge17ct42hq
Parity Requirement means Net Revenue equal to or greater than:
(a) 1.25 times the Maximum Annual Debt Service for all Parity Bonds plus the Future
Parity Bonds proposed to be issued; and
(b) 100% of Maximum Annual Debt Service for all subordinate lien evidences of
indebtedness secured by Gross Revenue.
Professional Utility Consultant means an independent licensed professional engineer,
certified public accountant or other independent person or firm selected by the City having a
favorable reputation for skill and experience with municipal utilities of comparable size and
character to the Waterworks Utility in such areas as are relevant to the purposes for which such
consultant is retained.
Qualified Insurance means any non-cancelable municipal bond insurance policy or
surety bond issued by any insurance company licensed to conduct an insurance business in any
state of the United States (or by a service corporation acting on behalf of one or m ore such
insurance companies) which insurance company or companies, as of the time of issuance of
such policy or surety bond, are currently rated in the two highest rating categories by any
Rating Agency but no lower than the highest then-existing rating for any of the Parity Bonds.
Qualified Letter of Credit means any irrevocable letter of credit issued by a financial
institution for the account of the City on behalf of Registered Owner of the Bond, which
institution maintains an office, agency or branch in the United States and as of the time of
issuance of such letter of credit, is currently rated in the two highest rating categories by any
Rating Agency but no lower than the highest then-existing rating for any of the Parity Bonds.
AGENDA ITEM # 8. c)
-10-
10018 00011 ge17ct42hq
Rate Stabilization Fund means the Waterworks Rate Stabilization Fund created by the
City pursuant to Ordinance No. 4709.
Rating Agency means Moody’s, S&P or Fitch.
Refunded Bonds means the Refunding Candidates designated by the Designated City
Representative pursuant to Section 14.
Refunding Account means the account by that name established pursuant to Section 14.
Refunding Candidates mean the outstanding 2007 Bonds maturing on or after
December 1, 2018.
Registered Owner means the person in whose name the Bond is registered on the Bond
Register.
Reserve Fund means that special fund of the City known as the Waterworks Revenue
Bond Reserve Fund created by Ordinance No. 4709.
Reserve Requirement means with respect to any issue of Parity Bonds, the lesser of
(a) Maximum Annual Debt Service on all Outstanding Parity Bonds, and (b) 125% of average
Annual Debt Service on all Outstanding Parity Bonds; provided, that the amount required to be
deposited hereunder with respect to any Future Parity Bonds in order to meet the Reserve
Requirement shall not exceed 10% of the net proceeds of such Future Parity Bonds under the
Code.
Rule means the SEC’s Rule 15c2-12 under the Securities Exchange Act of 1934, as the
same may be amended from time to time.
S&P means S&P Global Ratings, its successors and their assigns, and, if such corporation
shall be dissolved or liquidated or shall no longer perform the functions of a securities rating
AGENDA ITEM # 8. c)
-11-
10018 00011 ge17ct42hq
agency, S&P shall be deemed to refer to any other nationally recognized securities rating
agency designated by the City.
State means the State of Washington.
Term Bonds mean any Parity Bonds identified as such in the bond purchase contract or
in the ordinance authorizing the issuance thereof, the payment of which is provided for by a
requirement for mandatory deposits of money into the principal and interest account of the
bond redemption fund created for the payment of such issue of Parity Bonds in accordance
with a mandatory sinking fund requirement.
Term Bond Maturity Year means any calendar year in which Term Bonds are scheduled
to mature.
2007 Bond Ordinance means Ordinance No. 5313 passed by the City Council on
October 22, 2007 and Resolution No. 3912 adopted by the Council on October 22, 2007
authorizing the issuance of the 2007 Bonds.
2007 Bonds means the Water and Sewer Revenue and Refunding Bonds, 2007, of the
City issued on November 6, 2007.
Waterworks Utility means the combined water, sewer, wastewater and storm drainage
systems of the City as the same may be added to, improved and extended for as long as any of
the Parity Bonds are outstanding.
Waterworks Utility Fund means that special fund of the City into which all Gross
Revenue (except for earnings in any special fund for the redemption of revenue obligations of
the Waterworks Utility) shall be deposited.
AGENDA ITEM # 8. c)
-12-
10018 00011 ge17ct42hq
Rules of Interpretation. In this ordinance, unless the context otherwise requires:
(a) The terms “hereby,” “hereof,” “hereto,” “herein, “hereunder” and any similar
terms, as used in this ordinance, refer to this ordinance as a whole and not to any p articular
article, section, subdivision or clause hereof, and the term “hereafter” shall mean after, and the
term “heretofore” shall mean before, the date of this ordinance;
(b) Words of the masculine or feminine gender shall mean and include correlative
words of any gender and words importing the singular number shall mean and include the
plural number and vice versa;
(c) Words importing persons shall include firms, associations, partnerships
(including limited partnerships), trusts, corporations and other legal entities, including public
bodies, as well as natural persons;
(d) Any headings preceding the text of the several sections of this ordinance, and
any table of contents or marginal notes appended to copies hereof, shall be solely for
convenience of reference and shall not constitute a part of this ordinance, nor shall they affect
its meaning, construction or effect;
(e) All references herein to “articles,” “sections” and other subdivisions or clauses
are to the corresponding articles, sections, subdivisions or clauses hereof; and
(f) Words importing the singular number include the plural number and vice versa.
Section 2. Findings Regarding Parity Provisions. The City Council hereby finds that there
is no deficiency in any Parity Bond Fund, that provisions hereinafter meet the conditions for the
issuance of Future Parity Bonds as set forth in the Outstanding Parity Bond Ordinances, and on
or prior to the date of issuance of the Bond the City will have on file a certificate showing that
AGENDA ITEM # 8. c)
-13-
10018 00011 ge17ct42hq
the issuance of the Bond will result in a debt service savings for the Waterworks Utility and
does not require an increase of more than $5,000 in any year for principal of and interest on
the Bond over and above the payments that were required to be made for the Refunded Bonds.
The conditions contained in the Outstanding Parity Bond Ordinances having been
complied with or assured, the payments required herein to be made out of the Waterworks
Utility Fund into the Bond Fund and the Reserve Fund to pay and secure the payment of the
principal of and interest on the Bond shall constitute a lien and charge upon the money in the
Waterworks Utility Fund equal in rank with the lien and charge thereon for the payments
required to be made for the Outstanding Parity Bonds.
Section 3. Authorization and Description of Bond. The City is hereby authorized to issue
a water and sewer revenue refunding bond (the “Bond”) in a principal amount of not to exceed
$6,500,000 for the purpose of providing the funds necessary to refund the Refunded Bonds and
pay all or a portion of the costs incidental to the foregoing and to the issuance of the Bond.
The Bond shall be designated the “City of Renton, Washington Water and Sewer
Revenue Refunding Bond, 2017” or other such designation as set forth in the Bond and
approved by the Administrative Services Administrator. The Bond shall be dated as of its date
of delivery to the Bank, shall be fully registered as to both principal and interest, shall be in the
principal amount of not to exceed $6,500,000, and shall mature on the date(s) set forth in the
Commitment and approved by the Designated Representative pursuant to Section 13.
The Bond shall bear interest from its dated date or the most recent date to which
interest has been paid at the interest rate(s) set forth in the Commitment. Interest on the
principal amount of the Bond shall be calculated per annum on a 30/360 basis, or as otherwise
AGENDA ITEM # 8. c)
-14-
10018 00011 ge17ct42hq
provided in the Bond and in the Commitment. Principal of and interest on the Bond shall be
payable at the times and in the amounts as set forth in the Commitment and in the payment
schedule attached to the Bond.
The Bond shall be payable solely out of the Bond Fund and the Reserve Fund and shall
not be a general obligation of the City.
Section 4. Registration of Bond.
(a) Registrar/Bond Registrar. The Administrative Services Administrator shall act as
Bond Registrar. The Bond Registrar is authorized, on behalf of the City, to authenticate and
deliver the Bond if transferred or exchanged in accordance with the provisions of the Bond and
this ordinance and to carry out all of the Bond Registrar’s powers and duties under this
ordinance.
(b) Registered Ownership. The City and the Bond Registrar may deem and treat the
Registered Owner of the Bond as the absolute owner for all purposes, and neither the City nor
the Bond Registrar shall be affected by any notice to the contrary. Payment of the Bond shall
be made only as described in subsection (d) below. All such payments made as described in
subsection (d) below shall be valid and shall satisfy the liability of the City upon the Bond to the
extent of the amount so paid.
(c) Transfer or Exchange of Registered Ownership. The Bond shall not be
transferrable without the consent of the City unless (i) the Bank’s corporate name is changed
and the transfer is necessary to reflect such change; or (ii) the transferee is a successor in
interest of the Bank by means of a corporate merger, an exchange of stock, or a sale of assets.
AGENDA ITEM # 8. c)
-15-
10018 00011 ge17ct42hq
Notwithstanding the foregoing, the Bond may be transferred upon satisfaction of the
requirements, if any, set forth in the Bond.
(d) Place and Medium of Payment. Both principal of and interest on the Bond shall
be payable in lawful money of the United States of America. Principal and interest on the Bond
shall be payable by check, warrant, ACH transfer o r by other means mutually acceptable to the
Bank and the City. Upon final payment of principal and interest of the Bond, the Registered
Owner shall surrender the Bond for cancellation at the office of the Bond Registrar in
accordance with this ordinance.
Section 5. Priority and Payment from the Waterworks Utility Fund.
(a) Waterworks Utility Fund. A special fund of the City known as the “Waterworks
Utility Fund” has been established by the City, into which shall be deposited all Gross Revenue
as collected. Moneys in the Waterworks Utility Fund shall be trust funds and shall be held
separate and apart from all other funds and accounts of the City.
(b) Priority of Payments from the Waterworks Utility Fund. Gross Revenue on
deposit in the Waterworks Utility Fund (other than in any bond redemption or federal rebate
account) shall be used in the following order of priority:
(i) To pay Maintenance and Operation Expense;
(ii) To pay the interest on the Parity Bonds, including reimbursements to the
issuer of a Credit Facility if the Credit Facility secures the payment of interest on Parity
Bonds and the ordinance authorizing such Parity Bonds provides for such
reimbursement;
AGENDA ITEM # 8. c)
-16-
10018 00011 ge17ct42hq
(iii) To pay the principal of the Parity Bonds, including reimbursements to the
issuer of a Credit Facility if the Credit Facility secures the payment of principal on Parity
Bonds and the ordinance authorizing such Parity Bonds provides for such
reimbursement;
(iv) To make all payments required to be made into any sinking fund or bond
redemption fund hereafter created for the payment of Future Parity Bonds which are
Term Bonds;
(v) To make all payments required to be made into the Reserve Fund,
including any reimbursements required for Qualified Insurance or Qualified Letter of
Credit;
(vi) To make all payments required to be made into any revenue bond
redemption fund or warrant redemption fund and debt service account or reserve
account created to pay and secure the payment of the principal of and interest on any
revenue bonds or revenue warrants of the City having a lien upon Gross Revenue junior
and inferior to the lien thereon for the payment of the principal of and interest on the
Parity Bonds; and
(vii) To retire by optional redemption or purchase any outstanding revenue
bonds or revenue warrants of the City, to make necessary additions, betterments,
improvements and repairs to or extensions and replacements of the Waterworks Utility,
to make deposits into the Rate Stabilization Fund, or for any other lawful City purpose.
(c) Rate Stabilization Fund. The City has previously created a Waterworks Rate
Stabilization Fund (the “Rate Stabilization Fund”). The City may, at any time, as determined by
AGENDA ITEM # 8. c)
-17-
10018 00011 ge17ct42hq
the City and as consistent with subsection (b) of this section, deposit Gross Revenue into the
Rate Stabilization Fund, excluding principal proceeds of Parity Bonds or other borrowing. The
City may withdraw any or all of the money from the Rate Stabilization Fund for inclusion in
Gross Revenue for any fiscal year of the City. Such deposits or withdrawals may be made up to
and including the date 90 days after the end of the fiscal year for which the deposit or
withdrawal will be included in Gross Revenue. No deposit of Gross Revenue will be made into
the Rate Stabilization Fund to the extent that such deposit would prevent the City from meeting
the Coverage Requirement.
Section 6. Funds and Accounts.
(a) Bond Fund. There is hereby authorized to be created the Waterworks Revenue
Bond Fund, 2017 (the “Bond Fund”), which shall be a “Parity Bond Fund” and a subaccount of
the Waterworks Utility Fund. The Bond Fund shall be maintained for the purpose of paying the
principal of and interest on the Bond. As long as the Bond remains outstanding, the City hereby
irrevocably obligates and binds itself to set aside and pay from the Waterworks Utility Fund into
the Bond Fund those amounts necessary, together with such other funds as are on hand and
available in the Bond Fund, to pay the interest or principal and interest next coming due on the
Bond. Such payments from the Waterworks Utility Fund to the Bond Fund shall be made in a
fixed amount without regard to any fixed proportion following the closing and delivery of the
Bond on or before each date on which an installment of interest or principal and interest falls
due on the Bond equal to the installment of interest or principal and interest. Money in the
Bond Fund not needed to pay the interest or principal next coming due may temporarily be
AGENDA ITEM # 8. c)
-18-
10018 00011 ge17ct42hq
deposited in legal investments for City funds, but only to the extent that the same are acquired,
valued and disposed of at Fair Market Value.
(b) Reserve Fund. There has been created by the City a special fund of the City
known as the Waterworks Revenue Bond Reserve Fund (the “Reserve Fund”) for purpose of
securing the payment of the principal of and interest on all Parity Bonds. The City hereby
irrevocably covenants and agrees that on or prior to the date of issuance of the Bond, the
amount on deposit in the Reserve Fund will be at least equal to the Reserve Requirement.
Except for withdrawals therefrom as authorized herein, the Reserve Fund shall be
maintained at the Reserve Requirement at all times so long as any Parity Bonds are
Outstanding. When the total amount in the Bond Fund shall equal the total amount of principal
and interest for all outstanding Bonds, no further payment need be made into the Bond Fund.
Notwithstanding the first sentence of this paragraph, the Reserve Requirement may be
decreased for any issue of Parity Bonds when and to the extent the City has redeemed or
otherwise defeased any Outstanding Parity Bonds.
If there shall be a deficiency in the Bond Fund to meet maturing installments of either
principal or interest, as the case may be, on the Bond, that deficiency shall be made up from
the Reserve Fund by the withdrawal of cash therefrom for that purpose and after all cash has
been depleted, then by draws on the Qualified Insurance or Qualified Letter of Credit for that
purpose. Any deficiency created in the Reserve Fund by reason of any such withdrawal shall
then be made up from Net Revenue first available after making necessary provisions for the
required payments into the Bond Fund. Any money in the Reserve Fund in excess of the
Reserve Requirement may be withdrawn and deposited in any Parity Bond Fund and spent for
AGENDA ITEM # 8. c)
-19-
10018 00011 ge17ct42hq
the purpose of retiring Parity Bonds or may be deposited in any other fund and spen t for any
other lawful Waterworks Utility purpose.
The City may provide for the purchase, redemption or defeasance of Parity Bonds by the
use of money on deposit in the Bond Fund or the Reserve Fund as long as the money remaining
in those funds is sufficient to satisfy the required deposits in those funds for the remaining
Parity Bonds.
All money in the Bond Fund or Reserve Fund may be kept in cash or on deposit in the
official bank depository of the City or in any national bank or may be invested in any le gal
investment for City funds, but only to the extent that the same are acquired, valued and
disposed of at Fair Market Value. Interest on any of those investments or on that bank account
shall be deposited in the Reserve Fund until the total Reserve Requ irement shall have been
accumulated therein, after which time the interest shall be deposited in any Parity Bond Fund.
Notwithstanding the provisions for the deposit or maintenance of earnings in the Bond
Fund or the Reserve Fund, the City also may transfer out of the Bond Fund or Reserve Fund any
money required in order to prevent any Parity Bonds from becoming “arbitrage bonds” under
the Code.
If the City fails to set aside and pay into the Bond Fund or the Reserve Fund the amounts
set forth above, the Registered Owner of any of the outstanding Bonds may bring an action
against the City to compel that setting aside and payment.
(c) Pledge of Revenue and Lien Position. The Net Revenue is hereby pledged to the
payment of the Parity Bonds, and the Parity Bonds shall constitute a lien and charge upon such
Net Revenue prior and superior to any other charge whatsoever.
AGENDA ITEM # 8. c)
-20-
10018 00011 ge17ct42hq
(d) Regarding Sufficiency of Revenues. The Council hereby finds that in fixing the
amounts to be paid into the Bond Fund out of Gross Revenue, i t has exercised due regard for
the Maintenance and Operation Expense and has not obligated the City to set aside and pay
into such Fund a greater amount of such Gross Revenue than in its judgment will be available
over and above the Maintenance and Operation Expense.
Section 7. Covenants. The City covenants and agrees with the Registered Owner of the
Bond as follows:
(a) Rate Covenant. It will establish, maintain and collect rates and charges for all
services and facilities provided by the Waterworks Utility which will be fair and
nondiscriminatory, and will adjust those rates and charges from time to time so that:
(1) Gross Revenue will at all times be sufficient to (A) pay all Maintenance
and Operation Expense on a current basis, (B) pay when due all amounts that the City is
obligated to pay into the Reserve Fund and any Parity Bond Funds and (C) pay all taxes,
assessments or other governmental charges lawfully imposed upon the Waterworks Utility or
other revenue therefrom or payments in lieu thereof and any and all other amounts which the
City may now or hereafter become obligated to pay from Gross Revenue by law or contract;
and
(2) Net Revenue in each calendar year will be at least equal to the Coverage
Requirement.
(b) Maintenance and Repair. It will at all times maintain and keep the Waterworks
Utility in good repair, working order and condition and also will at all times operate such Utility
and the business in connection therewith in an efficient manner and at a reasonable cost.
AGENDA ITEM # 8. c)
-21-
10018 00011 ge17ct42hq
(c) Disposal of Waterworks Utility. It will not sell, lease, mortgage or in any manner
encumber or otherwise dispose of the Waterworks Utility in its entirety unless, simultaneously
with such sale or other disposition, all Parity Bonds are defeased pursuant to the provisions of
this ordinance.
It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of any
part of the Waterworks Utility (other than timber), including all additions and improvements
thereto and extensions thereof at any time made, that are used, useful or material in the
operation of the Waterworks Utility, unless provision is made for the replacement thereof or
for payment into the Bond Fund of the greatest of the following:
(1) An amount which will be in the same proportion to the net amount of
any Parity Bonds then outstanding (defined as the total amount of those bonds less the amount
of cash and investments in the Reserve Fund and any Parity Bond Funds) that Gross Revenue
from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to
the total Gross Revenue for that period;
(2) An amount which will be in the same proportion to the net amount of
any Parity Bonds then outstanding (as defined above) that the Net Revenue from the portion of
the Waterworks Utility sold or disposed of for the preceding year bears to the total Net
Revenue for that period; or
(3) An amount which will be in the same proportion to the net amount of
any Parity Bonds then outstanding (as defined above) that the depreciated cost value of the
facilities sold or disposed of bears to the depreciated cost value of the entire Waterworks
Utility immediately prior to such sale or disposition.
AGENDA ITEM # 8. c)
-22-
10018 00011 ge17ct42hq
Notwithstanding any other provision of this subsection, (1) the City in its discretion may
sell or otherwise dispose of any of the works, plant, properties or facilities of the Waterworks
Utility or any real or personal property comprising a part of the same which shall have become
unserviceable, inadequate, obsolete or unfit to be used in the operation of the Waterworks
Utility, or no longer necessary, material to or useful to the operation of the Waterworks Utility,
without making any deposit into the Bond Fund, and (2) the City may transfer the Waterworks
Utility to another municipal corporation so long as Net Revenue of the portion of the
Waterworks Utility so transferred is used for payment of debt service on the Parity Bonds prior
to any other purpose. In no event shall such proceeds be treated as Gross Reve nue for
purposes of this ordinance.
(d) Books and Records. It will keep proper books, records and accounts with respect
to the operations, income and expenditures of the Waterworks Utility in accordance with
proper accounting procedures and any applicable rules and regulations prescribed by the State.
It will prepare annual financial and operating statements within 270 days of the close of each
fiscal year showing in reasonable detail the financial condition of the Waterworks Utility as of
the close of the previous year, and the income and expenses for such year, including the
amounts paid into the Bond Fund and Reserve Fund and into any and all special funds or
accounts created pursuant to this ordinance, the status of all funds and accounts as of the end
of such year, and the amounts expended for maintenance, renewals, replacements and capital
additions to the Waterworks Utility.
(e) No Free Service. Except to aid the poor or infirm, to provide for resource
conservation or to provide for the proper handling of hazardous materials, it will not furnish or
AGENDA ITEM # 8. c)
-23-
10018 00011 ge17ct42hq
supply or permit the furnishing or supplying of any service or facility in connection with the
operation of the Waterworks Utility free of charge to any person, firm or corporation, public or
private, other than the City, so long as any Parity Bonds are outstanding. On at least an annual
basis, it will determine all accounts that are delinquent and will take all necessary action to
enforce payment of such accounts against those property owners whose accoun ts are
delinquent.
(f) Insurance. It at all times will carry fire and extended coverage and such other
forms of insurance, including public liability and property damage insurance, with responsible
insurers and with policies payable to or on behalf of the City and any additional insureds on
such of the buildings, equipment, works, plants, facilities and properties of the Waterworks
Utility, and against such claims for damages, as are ordinarily carried by municipal or privately
owned utilities engaged in the operation of like systems, or will implement and maintain a
self-insurance or an insurance pool program with reserves adequate, in the reasonable
judgment of the City, to protect the Waterworks Utility and the Registered Owners of the Parity
Bonds against loss.
(g) Maintenance and Operation Expense. It will pay all Maintenance and Operation
Expense and the debt service requirements for the outstanding Parity Bonds, and otherwise
meet the obligations of the City as herein set forth.
Section 8. Tax Covenants. The City shall take all actions necessary to assure the
exclusion of interest on the Bond from the gross income of the owners of the Bond to the same
extent as such interest is permitted to be excluded from gross income under the Code as in
effect on the date of issuance of the Bond, including but not limited to the following:
AGENDA ITEM # 8. c)
-24-
10018 00011 ge17ct42hq
(a) Private Activity Bond Limitation. The City shall assure that the proceeds of the
Bond are not so used as to cause the Bond to satisfy the private business tests of Section 141(b)
of the Code or the private loan financing test of Section 141(c) of the Code.
(b) Limitations on Disposition of Improvements. The City shall not sell or otherwise
transfer or dispose of (i) any personal property components of the projects refinanced with
proceeds of the Bond (the “Projects”) other than in the ordinary course of an established
government program under Treasury Regulation 1.141-2(d)(4) or (ii) any real property
components of the Projects, unless it has received an opinion of nationally recognized bond
counsel to the effect that such disposition shall not adversely affect the treatment of interest
on the Bond as excludable from gross income for federal income tax purposes.
(c) Federal Guarantee Prohibition. The City shall not take any action or permit or
suffer any action to be taken if the result of such action would be to cause the Bond to be
“federally guaranteed” within the meaning of Section 149(b) of the Code.
(d) Rebate Requirement. The City shall take any and all actions necessary to assure
compliance with Section 148(f) of the Code, relating to the rebate of excess investment
earnings, if any, to the federal government, to the extent that such Section is applicable to the
Bond.
(e) No Arbitrage. The City shall not take, or permit or suffer to be taken, any action
with respect to the proceeds of the Bond which, if such action had been reasonably expected to
have been taken, or had been deliberately and intentionally taken, on the date of issuance of
the Bond would have caused the Bond to be an “arbitrage bond” within the meaning of Section
148 of the Code.
AGENDA ITEM # 8. c)
-25-
10018 00011 ge17ct42hq
(f) Registration Covenant. The City shall maintain a system for recording the
ownership of the Bond that complies with the provisions of Section 149 of the Code until all
Bond have been surrendered and canceled.
(g) Record Retention. The City shall retain its records of all accounting and
monitoring it carries out with respect to the Bond for at least three years after the Bond
matures or is redeemed (whichever is earlier); however, if the Bond is redeemed and refunded,
the City shall retain its records of accounting and monitoring at least three years after the
earlier of the maturity or redemption of the obligations that refunded th e Bond.
(h) Compliance with Federal Tax Certificate. The City shall comply with the
provisions of the Federal Tax Certificate with respect to the Bond, which are incorporated
herein as if fully set forth herein. The covenants of this section shall survive payment in full or
defeasance of the Bond.
(i) Bank Qualification. In the Federal Tax Certificate the City may designate the
Bond as a “qualified tax-exempt obligation” for purposes of paragraph (3) of Section 265(b) of
the Code.
Section 9. Future Parity Bonds. The City reserves the right to issue Future Parity Bonds
if the following conditions are met and complied with at the time of issuance of those
additional bonds:
(a) There shall be no deficiency in any Parity Bond Fund.
(b) The ordinance providing for the issuance of such Future Parity Bonds shall
provide for the payment of the principal thereof and interest thereon out of a Parity Bond
Fund.
AGENDA ITEM # 8. c)
-26-
10018 00011 ge17ct42hq
(c) The ordinance providing for the issuance of such Future Parity Bonds shall
provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds
of (1) an amount equal to the increase in the Reserve Requirement attributable to those Parity
Bonds or (2) Qualified Letter of Credit or Qualified Insurance or an amount plus Qualified Letter
of Credit or Qualified Insurance equal to the increase in the Reserve Requirement attributable
to those Future Parity Bonds. At the discretion of the City, the City may provide for deposit into
the Reserve Fund of other legally available money from Net Revenue or Qualified Letter of
Credit or Qualified Insurance on or prior to the date of issuance of such Future Parity Bonds.
(d) The ordinance authorizing the issuance of such Future Parity Bonds shal l provide
for the payment of mandatory redemption or sinking fund requirements into the applicable
Parity Bond Fund for any Term Bonds to be issued and for regular payments to be made for the
payment of the principal of such Term Bonds on or before their maturity, or, as an alternative,
the mandatory redemption of those Term Bonds prior to their maturity date from money in the
applicable Parity Bond Fund.
(e) There shall be on file with the City either:
(1) a certificate of the Administrative Services Administrator demonstrating
that Net Revenue for the Base Period, without regard to deposits into or withdrawals from the
Rate Stabilization Fund, is equal to at least the Parity Requirement; or
(2) a certificate of a Professional Utility Consultant that in such Consultant’s
opinion Net Revenue for the Base Period, as adjusted, without regard to deposits into or
withdrawals from the Rate Stabilization Fund, shall be equal to at least the Parity Requirement.
AGENDA ITEM # 8. c)
-27-
10018 00011 ge17ct42hq
The Professional Utility Consultant, in estimating Net Revenue available for debt services, may
adjust Net Revenue to reflect:
(A) Any changes in rates in effect and being charged or expressly
committed by ordinance to be made in the future;
(B) Income derived from customers of the Waterworks Utility who
have become customers during the 12 consecutive month period or thereafter adjusted to
reflect one year’s Net Revenue from those customers;
(C) Income from any customers to be connected to the Waterworks
Utility who have paid the required connection charges;
(D) The Professional Utility Consultant’s estimate of the Net Revenue
to be derived from customers anticipated to connect for whom building permits have been
issued;
(E) Income received or to be received which is derived from any
person, firm corporation or municipal corporation under any executed contract for water,
sewage disposal or other utility service, which revenue was not included in the historical Net
Revenue;
(F) The Professional Utility Consultant’s estimate of the Net Revenue
to be derived from customers with existing homes or buildings which will be required to
connect to any additions to and improvements and extensions of the Waterworks Utility
constructed and to be paid for out of the proceeds of the sale of the additional Future Parity
Bonds or other additions to and improvements and extensions of the Waterworks Utility when
such additions, improvements and extensions are not completed; and
AGENDA ITEM # 8. c)
-28-
10018 00011 ge17ct42hq
(G) Any increases or decrease in Net Revenue as a result of any actual
or reasonably anticipated changes in Maintenance and Operation Expense subsequent to the
12-month period.
(f) Refunding Obligations. If Future Parity Bonds proposed to be so issued are for
the sole purpose of refunding outstanding bonds payable from any Parity Bond Fund, such
certification of coverage shall not be required if the amount required for the payment of the
principal and interest in each year for the refunding bonds is not increased more than $5,000
over the amount for that same year required for the bonds or the portion of that bond issue to
be refunded thereby and if the maturities of such refunding bonds are not extended beyond
the maturities of the bonds to be refunded thereby.
Nothing contained herein shall prevent the City from issuing Future Parity Bonds to
refund maturing Parity Bonds, money for the payment of which is not otherwise available.
(g) Subordinate Lien Obligations. Nothing contained herein shall prevent the City
from issuing revenue bonds that are a charge upon Gross Revenue subordinate to the
payments required to be made therefrom into any Parity Bond Fund.
Section 10. Form of Bond. The Bond shall be in substantially the form set forth in
Exhibit A, which is incorporated herein by this reference.
Section 11. Execution of Bond. The Bond shall be executed on behalf of the City with
the manual or facsimile signature of the Mayor, and shall be attested by the manual or
facsimile signature of the Clerk.
Only such Bond as shall bear thereon a Certificate of Authentication in the form earlier
recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or
AGENDA ITEM # 8. c)
-29-
10018 00011 ge17ct42hq
entitled to the benefits of this ordinance. Such Certificate of Authentication sha ll be conclusive
evidence that the Bond so authenticated has been duly executed, authenticated and delivered
hereunder and is entitled to the benefits of this ordinance.
In case either of the officers who shall have executed the Bond shall cease to be an
officer or officers of the City before the Bond so signed shall have been authenticated or
delivered by the Bond Registrar, or issued by the City, such Bond may nevertheless be
authenticated, delivered and issued and upon such authentication, delivery and i ssuance, shall
be as binding upon the City as though those who signed the same had continued to be such
officers of the City. The Bond may also be signed and attested on behalf of the City by such
persons who at the date of the actual execution of the Bon d, are the proper officers of the City,
although at the original date of such Bond any such person shall not have been such officer of
the City.
Section 12. Right of Prepayment. The City may prepay the Bond at the times, if any,
and in the amounts, if any, set forth in the Bond. If the Bond is prepaid in full, interest shall
cease to accrue on the date such prepayment occurs.
Section 13. Sale of Bond.
(a) Bond Sale. The Council has determined that it would be in the best interest of
the City to delegate for a limited time the authority to request proposals from financial
institutions to purchase the Bond and to approve the final terms of the Bond, as set forth in the
Commitment of the successful respondent. Each Designated Representative is hereby
authorized to solicit proposals to purchase the Bond and each Designated Representative is
AGENDA ITEM # 8. c)
-30-
10018 00011 ge17ct42hq
further authorized to select the Bank that submits the proposal that is in the best interest of
the City.
Subject to the terms and conditions set forth in this Section 13, each Designated
Representative is hereby authorized to select the Bank, to designate all or a portion of the
Refunding Candidates as Refunded Bonds, to approve the principal amount, principal payment
dates, dated date, denominations, interest payment dates, redemption/prepayment provisions
and interest rate or rates for the Bond, to accept the Commitment, to agree to any additional
terms and covenants that are in the best interest of the City and consistent with this ordinance,
and to execute the sale of the Bond to the Bank; provided that:
(1) the principal amount of the Bond does not exceed $6,500,000,
(2) the final maturity of the Bond is no later than December 1, 2022,
(3) the Bond is sold at a price not less than 97% and not greater than 105 %,
(4) the Bond is sold for a price that results in a minimum net present value
debt service savings over the Refunded Bonds of 4.00%, and
(5) the true interest cost for the Bond does not exceed 3.00%.
(b) Report to Council; Expiration of Authority. Following the sale of the Bond, a
Designated Representative shall provide a report to Council describing the sale and final terms
of the Bond approved pursuant to the authority delegated in this section. The authority
granted to the Designated Representatives by this section shall expire on December 31, 2017.
If the Bond has not been sold by December 31, 2017, the authorization for the issuance of the
Bond shall be rescinded, and the Bond shall not be issued nor its sale approved unless such
Bond shall have been re-authorized by ordinance of the Council. The ordinance re -authorizing
AGENDA ITEM # 8. c)
-31-
10018 00011 ge17ct42hq
the issuance and sale of such Bond may be in the form of a new ordinance repealing this
ordinance in whole or in part or may be in the form of an amendatory ordinance approving a
Commitment or establishing terms and conditions for the authority delegated under this
Section 13.
(c) Delivery of Bond; Documentation. Upon the passage and approval of this
ordinance, the proper officials of the City, including the Designated Representatives, are
authorized and directed to undertake all action necessary for the prompt execution and
delivery of the Bond to the Bank and further to execute all closing certificates, agreements, loan
agreements, and documents required to effect the closing and delivery of the Bond in
accordance with the terms of the Commitment.
Section 14. Application of Bond Proceeds; Plan of Refunding.
(a) Refunding Plan. For the purpose of realizing a debt service savings and
benefiting the City’s ratepayers, the Council proposes to refund and defease the Refunded
Bonds as set forth herein. The Refunded Bonds shall include those Refunding Candidates
designated by a Designated City Representative and identified in the Escrow Agreement.
Proceeds of the Bond shall be deposited with the Escrow Agent pursuant to the Escrow
Agreement to be used immediately upon receipt thereof to defease the Refunded Bonds as
authorized by the 2007 Bond Ordinance and to pay costs of issuance of the Bond.
The net proceeds deposited with the Escrow Agent shall be used to defease the
Refunded Bonds and discharge the obligations thereon by the purchase of certain Government
Obligations (which obligations so purchased, are herein called “Acquired Obligations”), bearing
AGENDA ITEM # 8. c)
-32-
10018 00011 ge17ct42hq
such interest and maturing as to principal and interest in such amounts and at such times
which, together with any necessary beginning cash balance, will provide for the payment of:
(1) interest on the Refunded Bonds due and payable on and prior to the Call
Date; and
(2) the redemption prices of the Refunded Bonds on the Call Date.
Such Acquired Obligations shall be purchased at a yield not greater than the yield
permitted by the Code and regulations relating to acquired obligations in connection with
refunding bond issues.
(b) Escrow Agent/Escrow Agreement. The City hereby appoints U.S. Bank National
Association, Seattle, Washington, as the Escrow Agent for the Refunded Bonds (the “Escrow
Agent”). A beginning cash balance, if any, and the Acquired Obligations shall be deposited
irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The
proceeds of the Bond remaining after acquisition of the Acquired Obligations and provision for
the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and
safekeeping of the Acquired Obligations and expenses of the issuance of the Bond.
In order to carry out the purposes of this Section 14, the Administrative Services
Administrator is authorized and directed to execute and deliver to the Escrow Agent, an Escrow
Agreement.
(c) Call for Redemption of Refunded Bonds. The Designated Representatives are
hereby authorized to set aside sufficient funds out of the purchase of Acquired Obligations
from proceeds of the Bond to make the payments described in Section 14(d).
AGENDA ITEM # 8. c)
-33-
10018 00011 ge17ct42hq
The Designated Representatives are hereby authorized to call the Refunded Bonds for
redemption on their Call Date in accordance with the provisions of the 2007 Bond Ordinance
authorizing the redemption and retirement of the 2007 Bonds prior to their fixed maturities.
Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable
after the issuance of the Bond and delivery of the Acquired Obligations to the Escrow Agent.
The Escrow Agent is hereby authorized and directed to provide for the giving of notices
of the redemption of the Refunded Bonds in accordance with the applicable provisions of the
2007 Bond Ordinance. The costs of publication of such notices shall be an expense of the City.
The Escrow Agent is hereby authorized and directed to pay to the Administrative
Services Administrator, or, at the direction of the Administrative Services Administrator, to the
paying agent for the Refunded Bonds, sums sufficient to pay, when due, the payments specified
in this ordinance. All such sums shall be paid from the moneys and Acquired Obligations
deposited with the Escrow Agent, and the income therefrom and proceeds thereof. All such
sums so paid to said Administrative Services Administrator shall be credited to the Refunding
Account, which is hereby authorized to be created . All moneys and Acquired Obligations
deposited with the Escrow Agent and any income therefrom shall be held, invested (but only at
the direction of the Administrative Services Administrator) and applied in accordance with the
provisions of this ordinance and with the laws of the State for the benefit of the City and
owners of the Refunded Bonds.
The City will take such actions as are found necessary to see that all necessary and
proper fees, compensation and expenses of the Escrow Agent for the Refunded Bon ds shall be
paid when due.
AGENDA ITEM # 8. c)
-34-
10018 00011 ge17ct42hq
Section 15. Ongoing Disclosure; Additional Covenants.
(a) Ongoing Disclosure. The Bond is exempt from ongoing disclosure requirements
of the Rule.
(b) Covenants. The City may agree to provide the Bank certain financial or other
information and agree to such additional covenants as determined to be necessary by a
Designated Representative and as set forth in the Commitment and approved by the
Designated Representative pursuant to Section 13.
Section 16. Lost, Stolen or Destroyed Bond. In case the Bond shall be lost, stolen or
destroyed while in the Registered Owner’s possession, the Bond Registrar may at the request of
the Registered Owner execute and deliver a new Bond of like date, number and tenor to the
Registered Owner thereof upon the Registered Owner’s paying the expenses and charges of the
City and the Bond Registrar in connection therewith and upon its filing with the City written
certification that such Bond was actually lost, stolen or destroyed and of its ownership thereof.
In the case the Bond shall be lost, stolen, or destroyed while in the Registered Owner’s
possession, the Registered Owner may elect upon final payment of principal and interest of the
Bond to surrender a photocopy of the Bond for cancellation at the office of the Bond Registrar
together with written certification that such Bond was actually lost, stolen or de stroyed and of
its ownership thereof.
Section 17. Contract; Savings Clause. The covenants contained in this ordinance and
in the Bond shall constitute a contract between the City and the Registered Owner of the Bond.
If any one or more of the covenants or agreements provided in this ordinance to be performed
on the part of the City shall be declared by any court of competent jurisdiction and after final
AGENDA ITEM # 8. c)
-35-
10018 00011 ge17ct42hq
appeal (if any appeal be taken) to be contrary to law, then such covenant or covenants,
agreement or agreements, shall be null and void and shall be deemed separable from the
remaining covenants and agreements in this ordinance and shall in no way affect the validity of
the other provisions of this ordinance or of the Bond.
Section 18. General Authorization; Ratification of Prior Acts. The Designated
Representatives, the City Clerk, and other appropriate officers of the City are authorized to take
any actions and to execute documents as in their judgment may be necessary or desirable in
order to carry out the terms of, and complete the transactions contemplated by, this ordinance.
All acts taken pursuant to the authority of this ordinance but prior to its effective date are
hereby ratified.
Section 19. Effective Date of Ordinance. This ordinance shall be effective upon its
passage, approval, and thirty (30) days after publication.
PASSED by the City Council this 19th day of June, 2017.
Jason A. Seth, CMC, City Clerk
APPROVED BY THE MAYOR this 19th day of June, 2017.
Denis Law, Mayor
Approved as to form:
Pacifica Law Group LLP
Bond Counsel
Date of Publication: ___________________
AGENDA ITEM # 8. c)
10018 00011 ge17ct42hq
Exhibit A
Form of Bond
TRANSFER RESTRICTED
THIS BOND HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED
(THE “SECURITIES ACT”), AS AMENDED, OR UNDER THE SECURITIES LAWS OF ANY STATE OR
JURISDICTION, THIS BOND IS SUBJECT TO CERTAIN TRANSFER RESTRICTIONS AS PROVIDED IN
THE BOND ORDINANCE DESCRIBED BELOW AND MAY NOT BE RESOLD, PLEDGED OR
OTHERWISE TRANSFERRED EXCEPT PURSUANT TO THE TERMS THEREOF.
UNITED STATES OF AMERICA
NO. R-1 $____________
STATE OF WASHINGTON
CITY OF RENTON
WATER AND SEWER REVENUE REFUNDING BOND, 2017
INTEREST RATE: _____%
MATURITY DATE: ____________, 20[__]
REGISTERED OWNER: ______________________
PRINCIPAL AMOUNT: ________ MILLION AND NO/100 DOLLARS
The City of Renton, Washington, a municipal corporation organized and existing under
and by virtue of the laws of the State of Washington (herein called the “City”) hereby
acknowledges itself to owe and for value received promises to pay, but only from the sources
and as hereinafter provided, to the Registered Owner identified above, or registered assigns, on
the Maturity Date identified above, the Principal Amount indicated above and to pay interest
thereon from the date of delivery, or the most recent date to which interest has been paid or
duly provided for, at the Interest Rate set forth above (the “Interest Rate”). Interest on this
bond shall accrue from its dated date until paid and shall be computed per annum on the
principal amount outstanding on a 30/360 basis. Principal of and ac crued interest on this bond
shall be payable on the dates set forth in the payment schedule attached hereto.
Both principal of and interest on this bond are payable in lawful money of the United
States of America. Principal and interest on this bond shall be payable by check or warrant or
by other means mutually acceptable to the Registered Owner and the City. Upon final payment
of principal and interest of this bond, the Registered Owner shall surrender this bond for
cancellation at the office of the Bond Registrar in accordance with Ordinance No. __________
of the City (the “Bond Ordinance”). Reference is made to the Bond Ordinance and any and all
modifications and amendments thereto for a description of the nature and extent of the
AGENDA ITEM # 8. c)
A-2-
10018 00011 ge17ct42hq
security for this bond, the funds or revenues pledged, and the terms and conditions upon which
such bond is issued.
This bond is being issued for the purpose of refunding certain outstanding water and
sewer revenue bonds of the City and paying costs of issuance of the bon d.
The City may prepay this bond [insert prepayment terms]. [Any such prepayment may
be subject to a prepayment fee.]
This bond has been designated by the City as a “qualified tax-exempt obligation” within
the meaning of Section 265(b) of the Internal Revenue Code of 1986, as amended (the “Code”).
This bond is payable solely from the Bond Fund and the Reserve Fund. The City has
irrevocably obligated and bound itself to pay into the Bond Fund out of the Net Revenue or
from such other moneys as may be provided therefor certain amounts necessary to pay and
secure the payment of the principal and interest on this bond. This bond is not a general
obligation of the City, the State or any other political subdivision.
The City does hereby pledge and bind itself to set aside from the Waterworks Utility
Fund out of the revenue of the Waterworks Utility and to pay into the Bond Fund and the
Reserve Fund the various amounts required by the Bond Ordinance to be paid into and
maintained in such Funds, all within the times provided by the Bond Ordinance. To the extent
more particularly provided by the Bond Ordinance, the amounts so pledged to be paid from the
Waterworks Utility Fund out of the revenue of the Waterworks Utility into the Bond Fund shall
be a lien and charge thereon equal in rank to the lien and charge upon said revenue of the
amounts required to pay and secure the payment of the Outstanding Parity Bonds and any
revenue bonds of the City hereafter issued on a parity with the bond and superior to all other
liens and charges of any kind or nature except Maintenance and Operation Expense.
[insert transfer provisions, if any]
This bond is issued under and in accordance with the provisions of the Constitution and
applicable statutes of the State of Washington and duly adopted ordinances of the City. The
City hereby covenants and agrees with the owner of this bond that it will keep and perform all
the covenants of this bond and of the Bond Ordinance to be by it kept and performed, and
reference is hereby made to the Bond Ordinance for a complete statement of such covenants.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication her eon
shall have been manually signed by the Bond Registrar.
It is hereby certified that all acts, conditions, and things required by the Constitution and
statutes of the State of Washington to exist, to have happened, been done, and performed
precedent to and in the issuance of this bond have happened, been done, and performed.
AGENDA ITEM # 8. c)
A-3-
10018 00011 ge17ct42hq
IN WITNESS WHEREOF, the City of Renton, Washington has caused this bond to be
signed with the facsimile or manual signature of the Mayor, to be attested by the facsimile or
manual signature of the City Clerk, all as of this _____ day of ____________, 2017.
CITY OF RENTON, WASHINGTON
[SEAL]
By /s/ facsimile or manual
Mayor
ATTEST:
/s/ facsimile or manual
City Clerk
REGISTRATION CERTIFICATE
This bond is registered in the name of the Registered Owner on the books of the City, in
the office of the Administrative Services Administrator of the City (the “Bond Registrar”), as to
both principal and interest, as noted in the registration blank below. All payments of princi pal
of and interest on this bond shall be made by the City from the Bond Fund.
Date of
Registration
Name and Address of
Registered Owner
Signature of
Bond Registrar
__________ __, 2017 ______________________
Administrative Services
Administrator
PAYMENT SCHEDULE
Principal and interest on this bond shall be payable as set forth in the following
schedule:
Date Principal Interest Total Payment
AGENDA ITEM # 8. c)
10018 00011 ge17ct42hq
CERTIFICATE
I, the undersigned, City Clerk of the City Council of the City of Renton, Washingto n
(the “City”), DO HEREBY CERTIFY:
1. The attached copy of Ordinance No. ________ (the “Ordinance”) is a full, true
and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City
held at the regular meeting place thereof on June 19, 2017, as that ordinance appears on the
minute book of the City; and the Ordinance will be in full force and effect after publication in
the City’s official newspaper as provided by law; and
2. A quorum of the members of the City Council was pr esent throughout the
meeting and a majority of those members present voted in the proper manner for the passage
of the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of June, 2017.
Jason A. Seth, CMC, City Clerk
AGENDA ITEM # 8. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4-2-060 AND 4-2-080 OF CHAPTER 2, ZONING DISTRICTS – USES AND
STANDARDS, 4-4-010 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT
STANDARDS, 4-9-030 OF CHAPTER 9, PERMITS – SPECIFIC, 4-11-110, 4-11-160
AND 4-11-220 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT
REGULATIONS) AND SECTION 8-7-3 OF CHAPTER 7, NOISE LEVEL REGULATIONS,
OF TITLE VIII (HEALTH AND SANITATION) OF THE RENTON MUNICIPAL CODE,
REGARDING PET DAYCARES.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing on January 18, 2017,
considered all relevant matters, and heard all parties appearing in support or in opposition and
subsequently forwarded a recommendation to the City Council;
WHEREAS, pursuant to RCW 36.70A.106, on February 1, 2017, the City notified the State
of Washington of its intent to adopt amendments to its development regulations; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-2-060.B, Animals and Related Uses, of Chapter 2, Zoning
Districts – Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as shown on Attachment A.
SECTION II. Subsection 4-2-060.H, Office and Conference, of Chapter 2, Zoning Districts
– Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as shown on Attachment B.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
2
SECTION III. Subsection 4-2-080.A.37 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
37. Specified use(s) are subject to requirements of RMC 4-4-010, Animal
Keeping and Beekeeping Standards.
Operations predominantly conducted outdoors require an Administrative
Conditional Use Permit in the IL Zone and are prohibited in the area south of I-405
and north of SW 16th Street.
SECTION IV. Section 4-4-010, Animal Keeping and Beekeeping Standards, of Chapter 4,
City-Wide Development Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
4-4-010 ANIMAL KEEPING AND BEEKEEPING STANDARDS:
A. PURPOSE AND INTENT:
The regulations in this Section set standards intended to require that the
keeping of animals occurs in a humane and appropriate manner that benefits the
animals and allows animals to coexist harmoniously with adjacent and abutting
uses.
B. APPLICABILITY:
The keeping of animals shall be consistent with the standards in this
Section, RMC 1-3-3, Nuisances, and RMC 8-7-3, Public Disturbance, Noises. The
keeping, retail sale, breeding, service, or care of household pets and/or domestic
animals up to the maximum number allowed in this Section and/or RMC 4-9-100,
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
3
Additional Animals Permit Process, by an owner/tenant for the purpose of
enjoyment or profit is permitted as an accessory use to residential or commercial
use subject to the requirements of this Section.
C. EXCEPTION:
Occasional breeders are permitted to keep a greater number of animals than
allowed on a temporary basis, not to exceed one hundred twenty (120) days,
when those animals are less than one hundred twenty (120) days old. No
Additional Animals Permit is required, but a Home Occupation Business License is
required.
D. NUISANCE AND DISTURBANCE PROHIBITED:
Household pets, domestic animals, and/or bees must not become a nuisance
(RMC 1-3-3) or create a public disturbance (RMC 8-7-3).
E. PROHIBITED ANIMALS:
The keeping of animals that are wild or dangerous is not permitted pursuant
to Chapter 6-6 RMC. Additionally, the City prohibits the keeping of roosters or
peahens/peacocks.
F. AUTHORITY:
Interpretation regarding responsibility will be determined administrative ly;
responsibility for enforcement of the provisions of this Section shall be as follows:
1. Animal Control Officer: All those matters related to care, maintenance,
and individual licensing.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
4
2. Community and Economic Development Services Division
Department: All those matters concerning land use and zoning.
G. NUMBER OF ANIMALS ALLOWED:
1. Applicability: Restrictions on the number of animals allowed is
applicable to residential and commercial uses where the keeping or care of
animals is accessory to the primary use.
12. Lot Size Minimums and Maximum Number of Animals Generally
Permitted: The allowable numbers of animals permitted, provided the minimum
lot size is met, are detailed in the following table. The specified minimum lot sizes
are absolute requirements, unless (a) an Additional Animals Permit is granted
pursuant to RMC 4-9-100, or (b) the number and type of animals was established
legally under previous regulations and the ownership of the property has not
changed. The keeping of animals that require lesser lot size is allowed to be
cumulative, when lot size requirements have been met. For example, on a twelve
thousand five hundred (12,500) square foot lot, the keeping of two (2) medium
lot domestic animals, six (6) small lot domestic animals, and three (3) household
pets is permitted outright.
Type of Animal Maximum Number of Animals Generally
Permitted
Household Pets includes: dogs, cats, caged
indoor birds and small rodents. Non-
venomous reptiles and amphibians
weighing less than 10 pounds are also
included.
3* per dwelling or commercial building; no
minimum lot size. A pet license is required from
the City Finance Department for each cat or dog.
Small Lot Domestic Animals includes:
chickens, ducks, geese, pigeons and rabbits.
3 on lots that are at least 4,500 gross sq. ft. in
size. On lots that are larger than 4,500 gross sq.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
5
ft., 1 additional small lot domestic animal may be
kept per additional 1,000 gross sq. ft.
Medium Lot Domestic Animals includes:
miniature goats that are smaller than 24
inches at the shoulder and/or not more
than 150 pounds in weight, and sheep.
2 on lots that are at least 12,500 gross sq. ft. in
size. On lots that are greater than 12,500 gross
sq. ft., 1 additional medium lot domestic animal
may be kept per additional 7,500 gross sq. ft.
Large Lot Domestic Animals includes: goats
and pigs.
Extra-Large Lot Domestic Animals includes:
horses, donkeys, cows and llamas.
2 on lots that are at least 1 gross acre in size. On
lots that are larger than 1 gross acre, 1 additional
large lot domestic animal may be kept per
additional 43,560 sq. ft.
*Includes foster animals
23. Permit Required for More than Three (3) Dogs and/or Cats: Regardless
of additional lot size, the keeping of four (4) or more dogs and/or cats as an
accessory use shall always require an Additional Animals Permit (RMC 4-9-100) or
a Conditional Use Permit for a Kennel (RMC 4-9-030) if allowed by the property’s
zoning.
H. KEEPING GREATER NUMBER OF ANIMALS THAN GENERALLY PERMITTED:
1. Permitted with an Additional Animals Permit (RMC 4-9-100): Greater
numbers of animals than permitted in subsection G1 of this Section RMC 4-4-
010.G.2 may be allowed. The minimum lot size for extra-large animals must be
met. Keeping greater numbers of animals without th e minimum lot size may be
permitted for small, medium, and large lot animals, subject to an Additional
Animals Permit (RMC 4-9-100).
2. Minimum Lot Size Needed to Apply for an Additional Animals Permit
for Extra-Large Lot Domestic Animals: Horses, donkeys, cows and llamas are
considered extra-large lot domestic animals. The minimum lot size required to
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
6
apply for an Additional Animals Permit for extra-large lot animals is twenty
thousand (20,000) square feet devoted only to these animals.
I. HOME OCCUPATIONS:
The keeping of household pets or domestic animals for any for-profit venture
within all residential and mixed-use zones must a residence, or the property
thereon, shall comply with the requirements of RMC 4-9-090, Home Occupations,
and requires a Home Occupation Business License. Any owner/tenant who keeps
household pets and/or domestic animals and sells any animal -related product,
made from or produced by their household pets and/or domestic animals, shall
be required to obtain a Home Occupation Permit, RMC 4-9-090. Keeping animals
for commercial purposes that exceed the standards of a home occupation
accessory use requires approval pursuant to RMC 4-2-060, Zoning Table – Uses
Allowed in Zoning Designations.
J. GENERAL STANDARDS FOR KEEPING ANIMALS:
The keeping of animals shall be consistent with the following standards:
1. Shelter Location and Setbacks: Shelters, pens, and
permanent/temporary kennel structures shall be located in the rear yard and a
minimum of ten feet (10') from any property line and in the rear yard. The
Development Services Division Department may grant an exemption from this
ten-foot (10') rear yard requirement if the owner/tenant can provide sufficient
information that a side yard would be a better location.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
7
2. Barn and Stable Location and Setbacks: Private barns and stables shall
be located in the rear yard and a minimum of fifty feet (50') from any property
line. On lots that are larger than one (1) gross acre in size, exercising, training,
and/or riding areas may be located closer than fifty feet (50’) from a property line
if the exercising, training, and/or riding areas are no closer than one hundred feet
(100’) to any dwelling unit and the location is approved, in writing, by the
Department. Barns and stables may not be located in attached garages or
carports.
3. Confinement Required: All animals shall be kept and maintained in a
manner which confines their movement and activity to the premises of the
owner/tenant.
43. Fencing Required: Dog runs, open-run areas, and
permanent/temporary kennel structures shall be surrounded by a fence of
adequate height (as to preclude escape). RMC 4-4-040, Fences and, Hedges and
Retaining Walls, lists the City’s requirements standards for residential and
commercial fences.
54. Health and Safety: All animals shall be kept in such a manner so as not
to create any objectionable noise, odor, annoyance, or become a public nuisance.
Provision shall be made to ensure that animal food stored outdoors will not attract
rodents, insects, or other animals. Refrigeration shall be provided for the
protection of perishable foods.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
8
65. Animal Waste and Food Waste: All shelter structures, confinement
areas, and/or open-run areas shall be kept clean. Provision shall be made for the
removal of animal waste and food waste so that the areas are kept free from
infestation of insects, rodents, or disease, as well as to prevent obnoxious or foul
odors. Animal waste shall be properly disposed of, and any accumulated animal
waste must not be stored within the shelter setback area. Any outdoor areas used
for animal containment or exercise shall be maintained by removing animal waste
on a daily basis for proper disposal as solid waste. Any runoff, wash -down water,
or waste from any animal pen, kennel, containment, or exercise area shall be
collected and disposed of in a sanitary sewer after straining of solids and hair, and
shall not be allowed to enter the stormwater drainage or surface water disposal
system. Strained solids and hair shall be properly disposed of as solid waste. Any
storage of animal waste must not constitute a nuisance as defined in chapter 1 -3
RMC.
K. ADDITIONAL STANDARDS FOR KENNELS AND STABLES:
Kennels and stables, when allowed by RMC 4-2-060, Zoning Use Table, must
comply with the following standards:
1. Shelter and Structures: Shelter shall be provided for animals in clean
structures which shall be kept structurally sound, maintained in good repair,
contain the animals, and restrict entrance of other animals. All structures
associated with kennels and stables shall be located a minimum of fifty feet (50')
from any property line and must be located in the rear yard. On lots that are larger
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
9
than one gross acre in size, exercising, training, and/or riding areas may be located
closer than fifty feet (50') from a property line if the exercising, training, and/or
riding areas are no closer than one hundred feet (100') to any dwelling unit and
the location is approved, in writing, by the Development Services Division.
2. Food and Bedding: Suitable food and bedding shall be provided and
stored in facilities adequate to provide protection against infestation or
contamination by insects or rodents. Refrigeration shall be provided for the
protection of perishable foods.
3. Criteria for Indoor Kennel Facilities: Applicants for kennels must show
that indoor facilities have a sufficient heating and cooling system to provide a
moderate temperature throughout the year; a sufficient ventilation system to
circulate the air; an adequate natural or artificial lighting system to allow
inspection and cleaning at any time of the day and that interior wall and ceiling
surfaces are constructed of materials which are resistant to the absorption of
moisture and odors.
4. Criteria for Outdoor Kennel Facilities: Outdoor facilities will be
constructed to provide shelter from the weather and associated elements while
providing sufficient space for animal movement and exercise. Adequate drainage
must be provided to prevent water buildup and subsequent damage and to
facilitate waste removal. Adequate fences or retaining walls must be constructed
to contain animals and prevent intrusion by others.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
10
K. ADDITIONAL STANDARDS FOR KENNELS AND PET DAYCARE FACILITIES:
Kennels and pet daycare facilities require a permit from the Seattle-King County
Health Department, and shall be consistent with the following standards:
1. General care of pets must be confined to the inside of building and
under supervision. Pets are only permitted to be walked or exercised outside of
the building under supervision and in accordance with all other applicable
ordinances and laws;
2. Businesses operating solely as a pet daycare shall limit their hours of
operation (i.e., business hours) between 7:00 a.m. to 7:00 p.m.;
3. The maximum number of dogs is limited to one (1) per fifteen (15)
square feet of net floor dedicated for animal supervision. The planned maximum
number of animals to be sheltered shall be indicated on the Business License
application;
4. Outdoor runs/yards may operate only between the hours of 7:00 a.m.
to 7:00 p.m.;
5. Any indoor or outdoor areas used for animal containment or exercise
shall be maintained by removing animal waste on a daily basis for proper disposal
as solid waste. Any runoff, wash-down water, or waste from any animal pen,
kennel, containment, or exercise area shall be collected and disposed of in the
sanitary sewer after straining of solids and hair and shall not be allowed to enter
the stormwater drainage or surface water disposal system; strained solids and hair
shall be properly disposed of as solid waste; and
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
11
If a notice of violation pursuant to Chapter 8-7 RMC is issued for noise, the
Administrator may require a report from an acoustical consultant that describes
potential measures to be taken to prevent or mitigate noise impacts. The
Administrator may require measures, including but not limited to: development
or modification of operating procedures; cessation of the use of outdoor area(s);
closure of windows and doors; reduction in hours of operation; and use of sound
attenuating materials such as insulation and noise baffles. The Administrator may
order the business to be closed on a temporary or permanent basis.
L. RESERVED.
LM. ADDITIONAL STANDARDS FOR BEEKEEPING:
1. Maximum Number of Hives Generally Permitted: A maximum of three
(3) hives are generally permitted and one (1) additional hive may be kept for every
additional ten thousand (10,000) gross square feet of lot size. The keeping of bees
is allowed to be cumulative with the keeping of animals.
2. Minimum Lot Sizes for Beekeeping:
a. Seven thousand five hundred (7,500) gross square feet.
b. Four thousand five hundred (4,500) gross square feet if either of the
following conditions are met:
i. Hives are kept at least eight feet (8') above or below the grade of
abutting properties; or
ii. Hives are kept behind a minimum six foot (6') tall hedge or solid
fence that runs parallel to any property line within twenty-five feet (25') of a hive.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
12
3. Beekeeping Requirements:
a. Hives shall be located in rear yards, side yards, or on rooftops.
b. Hives shall be located a minimum of twenty-five feet (25') from an
interior lot line, with each hive’s entrance facing away from the nearest property
line.
c. Each hive shall only contain one (1) swarm.
d. Hives shall be maintained to avoid overpopulation and minimize
swarming, for example by requeening regularly, so as not to become a nuisance.
e. Hives shall be marked or identified to notify visitors.
f. A source of fresh water (such as a fountain) located within ten feet
(10') from the hives shall be provided.
MN. REVIEW CRITERIA FOR ADDITIONAL ANIMALS PERMITS:
Special review criteria to be considered for Additional Animals Permits are
included in RMC 4-9-100.
NO. REVIEW CRITERIA FOR KENNELS AND STABLES:
For kennels, commercial equine boarding, riding schools, and stables the
conditional use criteria of RMC 4-9-030 shall be applicable.
OP. NONCONFORMING ANIMALS:
See RMC 4-10-070.
SECTION V. Subsection 4-9-030.D.9, Specific Requirements for Kennels, of Chapter 9,
Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
13
9. Specific Requirements for Kennels and Pet Daycares: In addition to the
criteria above, the following criteria shall also be considered for kennel and pet
daycare applications:
a. History: Past history of animal control complaints relating to the
applicant’s dogs and cats at the address for which the kennel and/or pet daycare
is located or to be located. Conditional Use Permits shall not be issued for ken nels
or pet daycares to applicants who have previously had such permits revoked or
renewal refused, for a period of one (1) year after the date of revocation or refusal
to renew.
b. Standards for Keeping Animals: The applicant or kennel facility
owner must also shall comply with the requirements of RMC 4-4-010, Animal
Keeping and Beekeeping Standards.
SECTION VI. Section 4-11-110, Definitions K, of Chapter 11, Definitions, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
4-11-110 DEFINITIONS K:
KENNEL: A commercial facility for the care and/or breeding of dogs and/or cats ,
except that a Pet Daycare is not a Kennel although a Pet Daycare and a Kennel
might be housed within the same facility. This definition includes pet daycare
facilities. (See PET DAYCARE.)
SECTION VII. Section 4-11-160, Definitions P, of Chapter 11, Definitions, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended to add a definition, in
alphabetical order, for “Pet Daycare,” to read as follows:
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
14
PET DAYCARE: A commercial facility where four (4) or more dogs or other
household pet animals are left by their owners for periods of supervision during
the hours the facility is open to the public (i.e., business hours).
SECTION VIII. The definition of “Veterinary Offices/Clinics” in section 4-11-220,
Definitions V, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
VETERINARY OFFICES/CLINICS: A place where common household pets are given
medical care and the accessory indoor boarding of animals is limited to twenty-
five percent (25%) of the net floor area or no more than five (5) days of short-term
care incidental to the hospital use.
SECTION IX. Subsection 8-7-3.A of Chapter 7, Noise Level Regulations, of Title VIII
(Health and Sanitation) of the Renton Municipal Code, is amended as follows:
A. Frequent, repetitive or continuous noises made by any animal which
unreasonably disturbs or interferes with the peace, comfort or repose of property
owners or possessors, except that such sounds made in animal shelters,
commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed as
such, shall be exempt from this subsection.
SECTION X. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
AGENDA ITEM # 8. d)
ORDINANCE NO. ________
15
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1955:5/25/17:scr
AGENDA ITEM # 8. d)
ATTACHMENT A - 16
ATTACHMENT A
4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations:
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC
B. ANIMALS AND RELATED USES
Beekeeping AC AC AC AC AC AC AC AC AC
Kennels AD37 P37 P37 P37 AD AD AD AD
Stables,
commercial
AD37 AD37
Pet Daycare P37 P37 P37 AD AD AD AD AD AD AD82
Veterinary
offices/clinics
P P P P P112 P P P29 P P82
A
G
E
N
D
A
I
T
E
M
#
8
.
d
)
ATTACHMENT B - 17
ATTACHMENT B
4-2-060 Zoning Use Table – Uses Allowed in Zoning Designations:
USES:
RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS
RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC
H. OFFICE AND CONFERENCE
Conference
centers
P29 P29 P29 H P29 P P P21 P18
Medical and
dental offices
P P29 P29 P29 AD P112 P P P P P92
Offices,
general
P P P P AD P112 P P P P P92
Veterinary
offices/clinics
P P P29 P29 P29 P112 P P P29 P P82
A
G
E
N
D
A
I
T
E
M
#
8
.
d
)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON , AMENDING CHAPTER
8, MUNICIPAL ARTS COMMISSION, OF TITLE II (COMMISSIONS AND BOARDS) OF
THE RENTON MUNICIPAL CODE, UPDATING AND CLARIFYING CODE LANGUAGE
RELATED TO THE RENTON MUNICIPAL ARTS COMMISSION.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing on February 1, 2017,
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Chapter 8, Municipal Arts Commission, of Title II (Commission and Boards)
of the Renton Municipal Code, is amended as follows:
CHAPTER 8
RENTON MUNICIPAL ARTS COMMISSION
SECTION:
2-8-1: Creation Oof the Renton Municipal Arts Commission
2-8-2: Purpose
2-8-3: Function Members
2-8-4: Appointments Function
2-8-5: Members Arts and Culture Master Plan
2-8-6: Term One Percent for Art Program
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
2
2-8-7: Works Of City Art And Public Facilities Collection
2-8-1 CREATION OF THE RENTON MUNICIPAL ARTS COMMISSION:
There is hereby created a the Renton Municipal Arts Commission (“Commission”).
2-8-2 PURPOSE:
A. The City of Renton recognizes and acknowledges the importance of and
benefit to the public in providing visual art and performance in its public works
and facilities, and encouraging and promoting in the community as a whole. The
City encourages and promotes such art and the work of artists, particularly as this
work may reflect the diverse cultures inherent in Renton. It shall therefore be the
policy of the City, unless otherwise prohibited or limited by law, to direct and
further the inclusion of art in its public works projects.
B. In addition, the City encourages and supports the inclusion of art,
especially as it may be accessible to the public, in private development projects.
C. The term “art” shall be liberally construed and includes the conscious
production or arrangement of sounds, colors, forms, movements or other
elements in a manner that affects the sense of beauty and is of aesthetic value.
2-8-3 FUNCTION MEMBERS:
A. The Municipal Arts Commission (“Commission”) shall consist of thirteen
(13) members appointed by the Mayor or designee and subject to confirmation
by a majority of the members of the City Council. Of those thirteen (13) members,
at least four (4) members shall be residents of the City, and at least one (1)
member shall be between 15 and 21 years of age. The Commission shall act in an
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
3
advisory capacity to the Mayor and City Council in connection with the artistic and
cultural development of the City. The Commission shall also act as the conservator
of the City’s works of public art.
B. Membership on the Commission shall, whenever possible, include
members from a variety of art fields and related professions. The Commission shall
elect a chair, vice-chair, and secretary on an annual basis. The Commission shall
be responsible for reviewing the design, execution and acceptance of works of art
funded or otherwise acquired by the City. Procedures for these responsibilities
shall be developed by the Commission in writing and a copy thereof shall be filed
with the City Clerk of the City and furnished unto the office of the Mayor and City
Council. Such procedures shall not be in full force and effect until approved by the
City Council.
C. Each Commissioner appointed to serve on the Commission shall be
entitled to serve a three (3) year term. No fewer than three (3) of the terms shall
expire each year. Members of the Commission may be removed at any time for
any reason by the appointing authority. Vacancies for the remainder of unexpired
terms shall be filled in the same manner as the original appointment. The
Commission shall develop, implement and update the Arts and Culture Master
Plan, which shall include the City’s vision and goals for future works of public art,
and a strategic plan for implementing these goals.
The Arts and Culture Master Plan shall be subject to review and approval by
the Mayor and City Council on an annual basis. During the Commission’s annual
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
4
review of all capital improvement projects as set forth in subsection D of this
Section, the Mayor shall propose, for Council review and approval, which Maste r
Plan elements should receive funding based on the projected one percent (1%) for
art funding guidelines as set forth in RMC 2 ‑8‑7 or as otherwise determined by
the City Council.
D. All members of the Commission shall serve without compensation for such
service. During the City’s annual budget process, the Commission shall review with
the Mayor, or his/her representative, all capital improvement projects anticipated
within the following two (2) year period to determine which projects are
appropriate for inclusion of works of art and to estimate the amount to be
allocated for said purpose. The Mayor, with appropriate budgetary authorization
from the City Council, may establish the amount to be provided for the project(s),
as guided by RMC 2‑8‑7. If, however, the Mayor decides that there will be no
funds expended for art on a municipal construction project, and upon concurrence
from the City Council, then the funds allocated therefor shall be expended as set
forth in RMC 2-8-7C or as otherwise determined by the City Council. Copies of any
proposals prepared by the Commission shall likewise be furnished to the
Department of Community and Economic Development of the City.
1. Definition of municipal construction project: Any public building,
decorative or commemorative structure, park, street, sidewalk, parking facility, or
any portion thereof, within the City limits, which will be constructed, renovated
or remodeled, and paid for wholly or in part by the City, and the total project cost
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
5
of which exceeds ten thousand dollars ($10,000.00) to construct, renovate or
remodel.
2. “Municipal construction project” shall not be defined to include capital
projects paid for wholly or in part by the City’s water and sewer utility.
E. Whenever a work of art is to be funded under this Chapter the Commission
shall, under its guidelines, select the appropriate work(s) of art and recommend
that work(s) of art to the City Council. The City Council shall consider the
recommendation of the Commission and either approve or re fuse to approve the
recommended work(s) of art. Should the Council refuse to approve the work(s) of
art, then the Commission shall consider and recommend another work(s) of art to
the City Council. Should the City Council approve the work(s) of art, then t he
administration shall proceed to contract with the appropriate artist or artists to
obtain the work(s) of art. The contract with the artist or artists will be
administered by the City staff.
F. Maintenance, inspection and rotation of works of art selected and installed
under the advice and direction of the Renton Municipal Arts Commission shall be
the responsibility of the administration of the City. The Commission may develop
a conservation policy from which it may prepare specifications for a maintenance
plan for the City’s works of art. The artwork maintenance shall be performed by
the City’s Facilities Division. The Commission shall inspect such maintenance work
and make recommendations for the guidance of the administration in so
maintaining the works of art.
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
6
G. The Commission shall seek, whenever appropriate, alternative sources of
financing for the visual and/or performing arts.
H. The Commission shall be responsible for disbursing money budgeted to it
for support of cultural arts performances, arts-related activities and organizations,
as resources allow. Such money shall be used to support specific performances
such as choral concerts or play performances, performing arts events, or special
projects of a performing arts group. Such funds may not be used for capital
purchases, facility renovations, maintenance or other non -performance
expenditures. Any such funded performance must be held in Renton and primarily
benefit Renton residents.
2-8-4 APPOINTMENTS FUNCTION:
A. In addition to the requirements imposed by this Chapter, the Commission
shall adhere to the bylaws of the Renton Municipal Arts Commission, as approved
by the City Council and adopted by the Commission, a copy of which shall be filed
with the City Clerk.
B. The Commission shall advise the Mayor or designee and City Council on
matters relating to the artistic and cultural development of the City, particularly
as they may implement the City of Renton Art and Culture Plan and the One
Percent for Art Program. The Commission shall also act as the conservator and
curator of the City Art Collection.
C. The Commission shall be responsible for reviewing the design, execution,
and acceptance of works of art funded or otherwise offered to or acquired by the
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
7
City. The Commission shall be responsible for disbursing money budgeted to it for
cultural arts performances and other events, arts-related programs and activities,
and support of artists and arts and cultural organizations, as resources allow. Any
such funded performance must be held in Renton, primarily benefit Renton
residents and, to the greatest extent possible, be offered free of charge or at
reduced rates.
D. The Commission shall seek, whenever appropriate, alternative sources of
funding for furthering visual, performing, and cultural arts in Renton. The
Municipal Arts Commission shall consist of thirteen (13) members appointed by
the Mayor and subject to confirmation by a majority of the members of the City
Council. Of those thirteen (13) members, at least four (4) shall be residents of the
City and one member shall be under the age of 21 years. All members of the
Commission shall serve without compensation for such service.
2-8-5 MEMBERS ARTS AND CULTURE MASTER PLAN:
A. The Commission shall implement and periodically update the Arts and
Culture Master Plan. The Commission shall consult with the Mayor or designee,
elected and appointed officials, staff of various City departments, and other
stakeholders during any update of the Plan to ensure inclusion of the City’s vision
and goals as they relate to arts and culture in the Plan.
B. The Commission’s implementation of the Arts and Culture Master Plan
shall be subject to oversight by the Mayor or designee and City Council. The
membership on the Commission shall, whenever possible, include members from
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
8
a variety of art fields and related professions. The Mayor and City Council may
solicit suggested nominations for such appointments from architectural, art,
musical, literary, educational and other cultural organizations.
The Commission shall organize and elect a chair annually. The Commission may
organize such subcommittees as it deems necessary. In order to implement such
purposes, the Commission may call upon such City departments as will assist the
Commission’s function, and appointed City officials and members of the various
City departments are encouraged to consult and advise with the Commission from
time to time.
2-8-6 TERM:
All such appointments to the Commission shall be for three (3) year terms, with
one-third (1/3) of the terms expiring each year. All appointments heretofore made
by the Mayor and City Council to such Municipal Arts Commission are hereby
confirmed. Members of the Municipal Arts Commission may be rem oved at any
time by the appointing authority and vacancies for the remainder of unexpired
terms shall be filled in the same manner as the original appointment.
2-8-7 WORKS OF ART AND PUBLIC FACILITIES 2-8-6 ONE PERCENT FOR ARTS
PROGRAM:
A. Subject to the consultation requirements of RMC 2-8-3D, all authorizations
and/or appropriations for municipal construction projects shall, concurrently,
upon budgeting therefor by the City Council and authorization by the Mayor,
whenever legally permitted, include an The One Percent for Arts Program shall
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
9
result in the fabrication or selection and acquisition of art to be installed and
added to the City Art Collection.
1. The One Percent for Arts Program shall be funded by the amount equal
to not less than one percent (1%) of the actual total project cost, to be used for
the selection, acquisition and/or installation of works of art to be placed in, on, or
about City public facilities, which are suitable and appropriate therefor of Capital
Improvement Projects, upon budgeting therefor by the City Council and
authorization by the Mayor or designee, with exceptions noted herein.
2. The amount that is transferred to the oOne pPercent (1%) for aArt
fFund (“Fund”), shall be based on the Capital Improvement Pproject’s budget cost
that is used for budgetary planning purposes,. The amount transferred to the Fund
shall be adjusted up or down from that amount, based on the actual total project
cost after it has been completed.
3. Definition of Capital Improvement Project: For the p urpose of this
Chapter, a Capital Improvement Project shall be a reference to any public building,
decorative or commemorative structure, park, street, sidewalk, parking facility, or
any portion thereof, within the City limits, which will be constructed, r enovated
or remodeled, and paid for wholly or in part by the City, and the total project cost
of which exceeds ten thousand dollars ($10,000) to construct, renovate, or
remodel.
4. The definition of a Capital Improvement Project shall not include the
City’s water and sewer utility capital projects.
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
10
5. In the event any law, rule or regulation establishing a source of funds
for a particular project, including but not limited to grants, loans, or assistance
from Federal, State or other governmental units, specifically prohibits, limits or
excludes artwork and art works as a proper project expenditure, then the amount
of funds from such source shall be specifically excluded in computing the one
percent (1%) amount of the total project cost. Other funds for the project,
however, will be subject to the Fund assessment.
B. Works of art to be funded by the One Percent for Arts Program shall follow
the guidelines of this section.
1. Whenever a work of art is to be funded under this Chapter, the
Commission shall, in consultation with the Mayor, initiate the project by selecting
the appropriate site for a work of art and, following consultation with the Mayor
or designee, recommend the art project to the City Council.
2. The City Council shall consider the recommendation of the Commission
and either approve or reject the recommended art project.
3. Should the City Council approve the art project, then the City shall
proceed to contract with the appropriate artist or artists to acquire or fabricate
the work of art.
4. The contract with the artist or artists will be administered by
Community and Economic Development Department staff. All funds authorized
and/or appropriated pursuant to this Section shall be maintained in the one
percent (1%) for arts fund. The City Council, upon the recommendation and advice
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
11
of the Commission, shall approve, from time to time, the amount to be allocated
for the selection, acquisition and/or installation of individual works of art to be
placed either as an integral part of the municipal construction project in
connection with which the funds were appropriated or attached thereto, or
detached within or outside such project, or to be placed in, on or about other
public facilities. All of such expenditures for art shall be approved by the City
Council and as otherwise provided by law.
C. The One Percent for Art Fund shall not be utilized for maintenance,
restoration, or repair of the City Art Collection, including for works of art funded
by the One Percent for Arts Program. Funds authorized and/or appropriated
pursuant to this Section for a municipal construction project but not expended on
any such project shall be placed and retained in the one percent (1%) for arts
reserve fund. If for any reason any transfer to such fund shall be contra ry to law
or prohibited by any rule or regulation governing such funds, then any such
unspent or residual sum authorized and/or appropriated as a part of such
construction project may be expended for any like or similar public purpose or
purposes relating to the selection, acquisition and/or installation of works of art.
2-8-7 CITY ART COLLECTION:
A. The Commission shall serve as steward of the City Art Collection
(“Collection”). It is the responsibility of the Commission to manage the Collection
by maintaining an accurate inventory of works. The Commission shall, on an
annual basis, inspect the Collection in order to provide verification to the Mayor
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
12
or designee and City Council of the location and condition of all works in the
Collection.
B. The Commission shall have authority to rotate, re-site, and display works
from the Collection at its discretion, subject to the requirements of this chapter.
Meaningful access by the public, security of the Collection, and appropriateness
of the location shall be primary considerations of the Commission. Works from the
Collection shall not be located in private offices or other locations not accessible
to the public.
C. Items in the Collection may be loaned to nonprofit or public cultural
organizations or agencies for exhibition purposes when the exhibition will share
the work with new audiences, promote scholarship, or offer new consideration of
the work or art or artist. Loans shall not be made for commercial purposes.
D. The Commission shall maintain a conservation policy from which it may
prepare specifications for a maintenance plan for the Collection. Funds budgeted
to the Commission shall not be used for maintenance of the Collection. Artwor k
maintenance shall be performed by the City’s Facilities Division, unless
maintenance or restoration of artwork in the Collection requires a level of skill
beyond that of Facilities Department personnel, as determined by the Commission
and the Facilities Department.
E. Works of art under consideration to be added to the Collection, whether
by purchase, creation, gift, or other means of acquisition , shall be evaluated by
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
13
the Commission as to appropriateness prior to acceptance. Such consideration
shall be guided by Acquisition Policies as delineated in the Commission bylaws.
F. The Commission may occasionally find it necessary to deaccession work or
works from the Collection, which shall be done in accordance with Deaccession
Policies in the Commission’s bylaws.
SECTION II. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1957:5/24/17:scr
AGENDA ITEM # 8. e)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4‐2‐060 AND 4‐2‐080 OF CHAPTER 2, ZONING DISTRICTS – USES AND
STANDARDS, 4‐3‐100 OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND
OVERLAY DISTRICTS, AND 4‐11‐050 AND 4‐11‐190 OF CHAPTER 11, DEFINITIONS,
OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE,
AMENDING THE REGULATIONS RELATED TO LOW INTENSITY COMMERCIAL USES
IN THE R‐14 AND RMF ZONES.
WHEREAS, it is appropriate to allow some light intensity commercial uses in the R‐14
zone, in some limited areas of the City; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing on January 18, 2017,
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council; and
WHEREAS, pursuant to RCW 36.70A.106, on February 1, 2017, the City notified the State
of Washington of its intent to adopt amendments to its development regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4‐2‐060.H, Office and Conference, of Chapter 2, Zoning Districts
– Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as shown on Attachment A.
SECTION II. The “Eating and drinking establishments” and “Retail sales, outdoor” rows
of subsection 4‐2‐060.I, Retail, of Chapter 2, Zoning Districts – Uses and Standards, of Title IV
AGENDA ITEM # 8. f)
ORDINANCE NO. ________
2
(Development Regulations) of the Renton Municipal Code, is amended as shown on Attachment
B. The remaining rows shall stay as currently codified.
SECTION III. The “Off‐site services” and “On‐site services” rows of subsection 4‐2‐
060.K, Services, of Chapter 2, Zoning Districts – Uses and Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as shown on Attachment C. The
remaining rows shall stay as currently codified.
SECTION IV. Subsection 4‐2‐080.A.33 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
33. a. For lots zoned R‐14 within the Sunset Area, as defined by Ordinance
5610 establishing a Planned Action for the Sunset Area, retail uses, eating/drinking
establishments, and on‐site service uses are prohibited unless they are accessory
to a school, park, or entertainment and recreational use as allowed in RMC 4‐2‐
060.E, F and J. Commercial uses shall not be greater than five thousand (5,000)
square feet of gross floor area.
b. Specified uses are only permitted on the ground‐floor level as
part of a residential project on R‐14 zoned properties fronting on South 7th Street.
SECTION V. Subsection 4‐2‐080.A.42 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
AGENDA ITEM # 8. f)
ORDINANCE NO. ________
3
42. Permitted only on the ground‐floor level as part of a residential project
on R‐14 zoned properties fronting on South 7th Street. Specified uses are only
permitted for properties located along South 4th Street.
SECTION VI. Subsection 4‐3‐100.B.1.b of Chapter 3, Environmental Regulations and
Overlay Districts, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
b. Any of the activities listed in subsection B1a of this Section RMC 4‐
3‐100.B.1.a and occurring in the following overlay areas or zones shall be required
to comply with the provisions of this Section:
i. District ‘A’: All areas zoned Center Downtown (CD).
ii. District ‘B’: All areas zoned Residential Multi‐Family (RMF).
iii. District ‘C’: All areas zoned Urban Center (UC) or Commercial
Office Residential (COR).
iv. District ‘D’: All areas zoned Center Village (CV) or Commercial
Arterial (CA), Commercial Neighborhood (CN), and mixed use buildings with
attached dwelling units in the Commercial Office (CO) Zone, except for those areas
included in the Automall District, see RMC 4‐3‐040.
SECTION VII. The definition of “Eating and Drinking Establishment” in section 4‐11‐050,
Definitions E, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
EATING AND DRINKING ESTABLISHMENT: A retail establishment selling food
and/or drink for consumption on the premises or for take‐out, including accessory
AGENDA ITEM # 8. f)
ORDINANCE NO. ________
4
on‐site food preparation. This definition includes, but is not limited to,
restaurants, cafes, and microbrew establishments, and espresso stands. This
definition excludes taverns; mobile food vending; fast food; entertainment clubs;
dance clubs; and/or dance halls.
SECTION VIII. The definition of “Services, On‐Site” in section 4‐11‐190, Definitions S, of
Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
SERVICES, ON‐SITE: Establishments primarily engaged in providing individual or
professional services within the place of business, such as beauty and barber
shops, retail laundry and dry‐cleaning including coin‐operated, garment
alterations and repair, photo studios, shoe repair, pet grooming, photography and
photo reproduction, real estate offices, personal accountants, entertainment
media rental or other indoor rental services, and repair of personal or household
items, except for vehicle repair. This definition excludes adult retail uses, service
and social organizations, and off‐site services.
SECTION IX. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
AGENDA ITEM # 8. f)
ORDINANCE NO. ________
5
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1959:6/2/17:scr
AGENDA ITEM # 8. f)
AT
T
A
C
H
M
E
N
T
A ‐
6
AT
T
A
C
H
M
E
N
T
A
4 ‐2 ‐06
0
Zo
n
i
n
g
Us
e
Ta
b
l
e
– Us
e
s
Al
l
o
w
e
d
in
Zo
n
i
n
g
De
s
i
g
n
a
t
i
o
n
s
:
US
E
S
:
RE
S
I
D
E
N
T
I
A
L
ZO
N
I
N
G
DE
S
I
G
N
A
T
I
O
N
S
IN
D
U
S
T
R
I
A
L
CO
M
M
E
R
C
I
A
L
ZONING DESIGNATIONS
RC
R ‐1
R ‐4
R ‐6
R ‐8
RM
H
R ‐10
R ‐14
RM
F
IL
IM
IH
CN
CV
CA CD CO COR UC
H.
OF
F
I
C
E
AN
D
CO
N
F
E
R
E
N
C
E
Co
n
f
e
r
e
n
c
e
ce
n
t
e
r
s
P2
9
P2
9
P2
9
H
P29 P P P21 P18
Me
d
i
c
a
l
an
d
de
n
t
a
l
of
f
i
c
e
s
AD
4
2
P
P2
9
P2
9
P2
9
AD
P1
1
2
P P P P P92
Of
f
i
c
e
s
,
ge
n
e
r
a
l
AD
4
2
P
P
P
P
AD
P1
1
2
P P P P P92
Ve
t
e
r
i
n
a
r
y
of
f
i
c
e
s
/
c
l
i
n
i
c
s
P
AD
4
2
P
P2
9
P2
9
P2
9
P1
1
2
P P P29 P P82 AGENDA ITEM # 8. f)
AT
T
A
C
H
M
E
N
T
B ‐
7
AT
T
A
C
H
M
E
N
T
B
4 ‐2 ‐06
0
Zo
n
i
n
g
Us
e
Ta
b
l
e
– Us
e
s
Al
l
o
w
e
d
in
Zo
n
i
n
g
De
s
i
g
n
a
t
i
o
n
s
:
US
E
S
:
RE
S
I
D
E
N
T
I
A
L
ZO
N
I
N
G
DE
S
I
G
N
A
T
I
O
N
S
IN
D
U
S
T
R
I
A
L
CO
M
M
E
R
C
I
A
L
ZONING DESIGNATIONS
RC
R ‐1
R ‐4
R ‐6
R ‐8
RM
H
R ‐10
R ‐14
RM
F
IL
IM
IH
CN
CV
CA CD CO COR UC
I.
RE
T
A
I
L
Ea
t
i
n
g
an
d
dr
i
n
k
i
n
g
es
t
a
b
l
i
s
h
m
e
n
t
s
P1
P1
P1
P1
P1
P1
P1
AD
3
3
P
P
P
P
P2
2
P
P P P12 P82 P82
Re
t
a
i
l
sa
l
e
s
,
ou
t
d
o
o
r
P1
5
P3
0
P3
0
P3
0
P1
5
P1
5
P15 P15 P15
AGENDA ITEM # 8. f)
AT
T
A
C
H
M
E
N
T
C ‐
8
AT
T
A
C
H
M
E
N
T
C
4 ‐2 ‐06
0
Zo
n
i
n
g
Us
e
Ta
b
l
e
– Us
e
s
Al
l
o
w
e
d
in
Zo
n
i
n
g
De
s
i
g
n
a
t
i
o
n
s
:
US
E
S
:
RE
S
I
D
E
N
T
I
A
L
ZO
N
I
N
G
DE
S
I
G
N
A
T
I
O
N
S
IN
D
U
S
T
R
I
A
L
CO
M
M
E
R
C
I
A
L
ZONING DESIGNATIONS
RC
R ‐1
R ‐4
R ‐6
R ‐8
RM
H
R ‐10
R ‐14
RM
F
IL
IM
IH
CN
CV
CA CD CO COR UC
K.
SE
R
V
I
C
E
S
Of
f
‐si
t
e
se
r
v
i
c
e
s
P
P2
9
P2
9
P2
9
P29
On
‐si
t
e
se
r
v
i
c
e
s
AD
3
3
P
P2
9
P2
9
P2
9
P2
2
P
P P P54 P21 P82 AGENDA ITEM # 8. f)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4-4-130 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, AND
4-9-195 OF CHAPTER 9, PERMITS – SPECIFIC, OF TITLE IV (DEVELOPMENT
REGULATIONS) OF THE RENTON MUNICIPAL CODE, CLARIFYING REVIEW
CRITERIA OF ROUTINE VEGETATION MANAGEMENT PERMITS.
WHEREAS, the Renton Municipal Code, through its Tree Retention and Land Clearing
Regulations, seeks to promote land development practices that result in minimal adverse
disturbance to existing vegetation and soils within the City while at the same time recognizing
that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing
and proposed structures and improvements, interference with utility services, protection of
scenic views, and the realization of a reasonable enjoyment of property may require the removal
of certain trees and ground cover; and
WHEREAS, the City provides a permit process for routine vegetation management
implementing the tree retention and land clearing regulations; and
WHEREAS, the City seeks to ensure that the review criteria of Routine Vegetation
Management Permits are clear and concise; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing on January 18, 2017,
considered all relevant matters, and heard all parties in support or opposition , and subsequently
forwarded a recommendation to the City Council; and
AGENDA ITEM # 8. g)
ORDINANCE NO. ________
2
WHEREAS, pursuant to RCW 36.70A.106, on February 1, 2017, the City notified the State
of Washington of its intent to adopt amendments to its development regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-4-130.H.5, General Review Criteria, of Chapter 4, City-Wide
Property Development Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
5. General Review Criteria: All land clearing and tree removal activities
shall comply with RMC 4-4-060, Grading, Excavation, and Mining Regulations, and
shall meet the following criteria:
a. The land clearing and tree removal will not create or contribute to
landslides, accelerated soil creep, settlement and or subsidence, or hazards
associated with strong ground motion and soil liquefaction. flooding, erosion, or
increased turbidity, siltation or other form of pollution in a watercourse.
b. The land clearing and tree removal will not create or contribute to
flooding, erosion, or increased turbidity, siltation or other form of pollution in a
watercourse.
cb. Land clearing and tree removal will be conducted to maintain or
provide visual screening and buffering between land uses of differing intensity,
consistent with applicable landscaping and setback provisions of the Renton
Municipal Code.
AGENDA ITEM # 8. g)
ORDINANCE NO. ________
3
dc. Land clearing and tree removal shall be conducted so as to expose
the smallest practical area of soil to erosion for the least possible time, consistent
with an approved build-out schedule and including any necessary erosion control
measures.
ed. Land clearing and tree removal shall be consistent with subsection
D3 of this Section, Restrictions for Critical Areas – General, and RMC 4-3-050,
Critical Areas Regulations.
fe. The land clearing and tree removal shall not create or contribute to
a hazardous condition, such as increased potential for blowdown, pest infestation,
disease, or other problems that may result from selectively removing trees and
other vegetation from a lot.Retained trees will not create or contribute to a
hazardous condition as the result of blowdown, insect or pest infestation, disease,
or other problems that may be created as a result of selectively removing trees
and other vegetation from a lot.
gf. Land clearing and tree removal shall be conducted to maximize the
preservation of any tree in good health that is an outstanding specimen because
of its size, form, shape, age, color, rarity, or other distinction as a community
landmark.
SECTION II. Section 4-9-195, Routine Vegetation Management Permits, of Chapter 9,
Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS:
AGENDA ITEM # 8. g)
ORDINANCE NO. ________
4
A. PURPOSE:
This Section provides a permit process for routine vegetation management
implementing the tree retention and land clearing regulations in RMC 4-4-130.
B. AUTHORITY:
The City’s Development Services Division Director, or his duly authorized
representative, Administrator is hereby authorized and directed to interpret and
enforce all the provisions of this Section.
C. APPLICABILITY:
Unless exempted by RMC 4-4-130.C, Allowed Tree Removal Activities, a
Routine Vegetation Management Permit is required for any property where
routine vegetation management activities are undertaken.
D. PROCEDURES AND REVIEW CRITERIA:
Permits for routine vegetation management shall be processed as follows:
1. Submittal: An application for a routine vegetation management permit
shall be submitted to the Development Services Division together with any
necessary fees as required in chapter 4-1 RMC specified in the City of Renton Fee
Schedule.
2. Information Required: A routine vegetation management permit
application shall contain the information requested in RMC 4-8-120, Submittal
Requirements – Specific to Application Type.
3. Time: The permit shall be reviewed administratively within a reasonable
period of time.
AGENDA ITEM # 8. g)
ORDINANCE NO. ________
5
4. Review Criteria: All land clearing and tree removal activities shall comply
with RMC 4-4-060, Grading, Excavation, and Mining Regulations, and shall meet
the following criteria:
a. The lot shall comply with minimum tree density requirements
pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations.
b. The land clearing and tree removal shall be consistent with
Restrictions for Critical Areas, pursuant to RMC 4-4-130, Tree Retention and Land
Clearing Regulations, and RMC 4-3-050, Critical Areas Regulations.
c. Removal of a Landmark Tree shall meet the review criteria for
Removal of a Landmark Tree, pursuant to RMC 4-4-130, Tree Retention and Land
Clearing Regulations.
d. Street frontage and parking lot trees and landscaping shall be
preserved, unless otherwise approved by the Administrator.
e. The land clearing and tree removal shall not remove any
landscaping or protected trees required as part of a Land Development Permit.
f. The land clearing and tree removal shall maintain visual screening
and buffering between land uses of differing intensity, consistent with applicable
landscaping and setback provisions.
g. The land clearing and tree removal shall not create or contribute to
a hazardous condition, such as increased potential for blowdown, pest infestation,
disease, or other problems that may result from selectively removing trees and
other vegetation from a lot.
AGENDA ITEM # 8. g)
ORDINANCE NO. ________
6
45. Routine Vegetation Management Permit Conditions: The routine
vegetation management permit may be denied or conditioned by the City to
restrict the timing and extent of activities or to require tree replacement in order
to further the intent of this Section including:
a. Preserve and enhance the City’s aesthetic character and maintain visual
screening and buffering.
b. Preserve habitat to the greatest extent feasible.
c. Prevent landslides, accelerated soil creep, settlement and subsidence
hazards.
d. Minimize the potential for flooding, erosion, or increased turbidity,
siltation or other form of pollution in a watercourse.
e. Ensure that the proposal will be consistent with RMC 4-4-130.D.23,
Restrictions for Critical Areas – General, and 4-4-130.D.34, Restrictions for Native
Growth Protection Areas.
56. Time Limits for Routine Vegetation Management Permits: Any permit
for routine vegetation management shall be valid for one year from the date of
issuance. An extension may be granted by the Development Services Division
Administrator for a period of one (1) year upon application by the property owner
or manager. Application for such an extension must be made at least thirty (30)
days in advance of the expiration of the original permit and shall include a
statement of justification for the extension.
E. APPEALS:
AGENDA ITEM # 8. g)
ORDINANCE NO. ________
7
Appeal of the decision to grant, grant with conditions, or deny a routine
vegetation management permit shall be made consistent with RMC 4 -8-110,
Appeals.
F. VIOLATIONS AND PENALTIES:
Unless otherwise specified, violations of this Section are misdemeanors
subject to RMC 1-3-1.
SECTION III. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1958:5/25/17:scr
AGENDA ITEM # 8. g)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4-1-190 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, 4-2-080, 4-2-
100, 4-2-110, 4-2-115, 4-2-120, AND 4-2-130 OF CHAPTER 2, ZONING DISTRICTS
– USES AND STANDARDS, 4-4-040, 4-4-070, 4-4-080, 4-4-100, AND 4-4-130 OF
CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, 4-6-060 OF
CHAPTER 6, STREET AND UTILITY STANDARDS, 4-7-150 OF CHAPTER 7,
SUBDIVISION REGULATIONS, 4-8-080, AND 4-8-120 OF CHAPTER 8, PERMITS –
GENERAL, 4-9-030, 4-9-070, 4-9-150, 4-9-200, AND 4-9-240 OF CHAPTER 9,
PERMITS - SPECIFIC, 4-11-010, 4-11-020, 4-11-180, 4-11-190, 4-11-200, AND 4-11-
250 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS)
OF THE RENTON MUNICIPAL CODE, CODIFYING ADMINISTRATIVE CODE
INTERPRETATIONS FROM DECEMBER 8, 2015 TO DECEMBER 6, 2016, INCLUDING
ADDING A DEFINITION OF “ATTIC,” AND AMENDING THE DEFINITIONS OF
“BUILDING HEIGHT,” “RETAIL SALES, OUTDOOR,” “TRACT,” A ND “YARD
REQUIREMENT.”
WHEREAS, pursuant to Renton Municipal Code Section 4‐1‐080, Interpretation, the
Community and Economic Development Administrator (“Administrator’) is authorized to make
interpretations regarding the implementation of unclear or contradictory regulations contained
in this Title; and
WHEREAS, the Administrator recognized that the Title IV regulations addressed in this
Ordinance contained unclear or contradictory language; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission ; and
WHEREAS, pursuant to RCW 36.70A.106, on February 1, 2017, the City notified the State
of Washington of its intent to adopt amendments to its development regulations; and
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
2
WHEREAS, the Planning Commission held a public hearing on January 18, 2017,
considered all relevant matters, and heard all parties appearing in support or in opposition, and
subsequently forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-1-190.C, Findings and Authority, of Chapter 1, Administration
and Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
C. FINDINGS AND AUTHORITY:
The Renton City Council (hereinafter referred to as “Council”) hereby finds and
determines that development activities, including but not limited to new
residential, commercial, retail, office, and industrial development in the City of
Renton (hereinafter referred to as “City”) will create additional demand and need
for system improvements in the City and school facilities within its school districts,
and the Council finds that such new growth and development should pay a
proportionate share of the cost of system improvements needed to serve the new
growth and development.
In the “Rate Study for Impact Fees for Transportation, Parks and Fire
Protection,” City of Renton, dated August 26, 2011 (“Rate Study”), as defined and
hereby incorporated by this reference, the City has documented its extensive
research concerning the procedures for measuring the impact of new
developments on public facilities.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
3
The Rate Study utilizes methodologies for calculating impact fees that are
consistent with the requirements of RCW 82.02.060(1). A copy of the most current
version of the Rate Study shall be kept on file by the Renton City Clerk and will be
available to the public for review.
Therefore, pursuant to chapter 82.02 RCW, the Council adopts this Section to
assess impact fees for transportation, parks and fire protection, as well as school
impact fees for the Issaquah, Kent, and Renton School Districts. The provisions of
this Section shall be liberally construed in order to carry out the purposes of the
Council in providing for the assessment of impact fees.
SECTION II. Subsection 4-1-190.D.28, “Rate Study,” of Chapter 1, Administration and
Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, is amended
as follows:
28. “Rate Study” means the any “Rrate Sstudy for relating to Iimpact Ffees
for Ttransportation, Pparks and fFire pProtection,” adopted by the City of Renton,
dated August 26, 2011, or as hereinafter amended .
SECTION III. Subsection 4-2-080.A.15 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
15. In the CD and CO Zones, use outdoor retail sales are limited to
farmer’s markets. In the RMF zone, outdoor retail sales are limited to vending
machines and retail product lockers. In all other zones, use is outdoor retail sales
are limited to farmer’s markets, building, hardware and garden products, retail
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
4
sales. vending machines, and retail product lockers. Vending machines and retail
product lockers shall comply with the following standards:
a. No more than two (2) units shall be permitted outside of a building;
b. The maximum width of the combined units shall be no more than
twelve feet (12’);
c. The units shall not block any openings, (e.g., windows, doors, etc.);
d. The units shall not impede ADA accessibility; and
e. The units shall not be located within a surface parking area or
landscaped area, and shall be situated such that it abuts a building façade.
SECTION IV. Subsection 4-2-080.A.29 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
29. Specified use(s) are only allowed in the Employment Area (EA) land
use designation, provided:
a. Gambling facilities, vehicle and equipment rental and
communication broadcast and relay towers are excluded within the area south of
I-405 and north of SW 16th Street.
b. Outdoor storage and Llarge vehicle sales are only allowed in the
area south of I-405 and west of SR167/Rainier Avenue South.
c. Outdoor storage and retail sales are allowed as an accessory use in
industrial zones.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
5
d. Self-service storage is allowed as an administrative conditional use in
the Light Industrial (IL) Zone.
SECTION V. Section 4-2-100.B, Tables, of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
B. TABLES:
There are four (4) separate tables dealing with the following general land use
categories and zones:
RESIDENTIAL (RC, R-1, R-4, R-6, R-8, R-10, R-14)
RESIDENTIAL MULTI-FAMILY (RMF)
COMMERCIAL (CN, CV, CA, CD, CO, COR, UC)
COMMERCIAL (CD, CO, COR)
INDUSTRIAL (IL, IM, IH)
SECTION VI. Subsection 4-2-110.A, Development Standards for Residential Zoning
Designations (Primary and Attached Accessory Structures), of Chapter 2, Zoning Districts – Uses
and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended
as shown on Attachment A.
SECTION VII. The Maximum Wall Plate Height section in subsection 4-2-110.B,
Development Standards for Residential Development (Detached Accessory Buildings), of Chapter
2, Zoning Districts – Uses and Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
MAXIMUM WALL PLATE HEIGHT18, 19
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
6
Maximum Height for Public Facilities shall be determined through site plan review.
Maximum Height for Wireless Communication Facilities (Including Amateur Radio Antennas)
RC, R-1, R-4, R-6, R-
8, R-10, R-14, and
RMF
See RMC 4-4-140, Wireless Communication Facilities.
Freestanding vertical monopole amateur radio antennas are
allowed a maximum height of 45 ft. without a Conditional Use
Permit. Taller structures will have maximum height determined
pursuant to RMC 4-9-030, Conditional Use Permits.
SECTION VIII. The Front Yard/Side Yard Along Streets subsection in the Minimum
Setbacks section in 4-2-110.B, Development Standards for Residential Development (Detached
Accessory Buildings), of Chapter 2, Zoning Districts – Uses and Standards, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
MINIMUM SETBACKS
Front Yard/Side Yard Along Streets
RC, R-1, R-4, R-6, R-
8, R-10, R-14 and
RMF
Unless explicitly stated otherwise, sSetbacks applied to the
primary structure also apply to accessory structures. Accessory
structures shall not be located between the primary structure and
RC Accessory building – 12 ft.
R-1, R-4, R-6, and R-8 Accessory building – 12 ft.
Accessory dwelling units and animal husbandry or agricultural
related structures are subject to the maximum wall plate height
of subsection A of this Section, and associated conditions.
Additionally, the structure shall not be taller than the primary
dwelling.
R-10 and R-14 Accessory building – 12 ft.
Accessory dwelling unit and agricultural related structures are
subject to the maximum wall plate height of subsection A of this
Section, and associated conditions, except that the structure shall
not be taller than the primary dwelling.
RMF 25 ft.20, except that the structure shall not be taller than the
primary building(s).
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
7
a street4.; where the setback is less than 20 ft., the vehicle entry
for a detached carport/garage (or structure that incorporates
vehicular parking) shall have a minimum 20 ft. setback from the
property line where vehicle access is provided; all other facades
of a garage shall be subject to the applicable zone’s minimu m
setback.
SECTION IX. The Minimum Side Yard Along a Street Row in the Setbacks section of 4-2-
110.C, Development Standards For Residential Manufactured Home Park Zoning Designation, of
Chapter 2, Zoning Districts – Uses and Standards, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended as shown on Attachment B. The other subsections in 4-2-
110.C shall remain as currently codified.
SECTION X. Subsections 4-2-110.D.5, 4-2-110.D.6, 4-2-110.D.18, 4-2-110.D.22, 4-2-
110.D.31, and 4-2-110.D.34 of Chapter 2, Zoning Districts – Uses and Standards, of Title IV
(Development Regulations) of the Renton Municipal Code, are amended as shown below. The
other subsections in 4-2-110.D shall remain as currently codified.
5. The minimum front yard and side yard along a street secondary front
yard setback for lots that abut required turnarounds (cul -de-sacs and
hammerheads) may be reduced, excluding garage setbacks, to no less than five
feet (5'), subject to the following:
a. The maximum building coverage cannot be attained without a
reduction of the front yard and/or side secondary front yard along a street
setback; and
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
8
b. The setback reduction is the minimum necessary to attain the
allowed building coverage; and
c. If a setback reduction is approved under this provision the
exceptions to setbacks pursuant to 4-2-110.D.4 (Allowed Projections into
Setbacks) shall apply unless the proposed projection is closer than five feet (5') to
the property line/easement, except for eaves, which may encroach the minimum
five feet (5') setback as specified in 4-2-110.D.4.
d. The setback reduction may commence at a right angle to the point
at which the right-of-way, tract or easement begins to expand to form the
turnaround.
6. The A front and secondary front yard setbacks may be reduced to be
equal to or greater than the averaged front yard setbacks of existing primary
structures on abutting lots along the same street; however, this setback reduction
does not apply to attached or detached garages.
18. Vertical Projections from Wall Plates:
a. Roofs with a pitch equal to or greater than 4:12 may project an
additional six (6) vertical feet from the maximum wall plate height. If the height of
wall plates on a building are less than the stated maximum the roof may project
higher to account for the difference, yet the combined height of both features
shall not exceed the combined maximums (e.g., if the maximum wall plate height
of a zone is twenty-four feet (24') and the wall plates of a structure are no taller
than twenty feet (20'), the roof may project up to ten feet (10') instead of six feet
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
9
(6')). Common rooftop features, such as chimneys, may project an additional four
(4) vertical feet from a roof surface.
b. Nonexempt vertical projections (e.g., The topmost surface of roofs
pitched less than 4:12, and rooftop decks shall be below the maximum wall plate
height, railings, etc.) may extend up to six (6) vertical feet above the maximum
wall plate height if the projection is unless such surfaces are stepped back one-
and-a-half (1.5) horizontal feet from each minimum building setback line for each
one vertical foot above the maximum wall plate height , in which case they may
extend up to six (6) vertical feet above the maximu m wall plate height. Deck
enclosures (i.e., railings) located above the maximum wall plate height and not
stepped back shall be constructed of transparent tempered glass or its equivalent,
as determined by the Administrator.
22. Corner lots required to have a front yard and a secondary front yard
are relieved of the requirement to have a rear yard; in place of a rear yard setback,
the side yard setback of the zone shall apply. Reserved.
31. In order to meet the variation requirements of RMC 4-2-115, lot
dimensions and setbacks are allowed to be decreased and/or increased; provided,
that when averaged the applicable lot standards of the zone are met. The
minimum front and rear yard setback reduction shall be limited to two and a half
(2.5) feet or ten percent (10%), whichever is greater. The minimum lot width and
lot area reduction shall be limited to ten percent (10%) of the lot width and lot
area of the zone. The variation requirements of RMC 4-2-115 do not require
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
10
variations to the lot depth requirements; therefore the averaging provision is not
applicable to the minimum lot depth requirements.
34. For short plats of parcels smaller than one (1) acre, one (1) parcel may
be allowed to be smaller than the required minimum lot size indicated in
subsection A of this Section, Residential Development Standards 4-2-110.A. If all
other parcels meet the required minimum lot size standard of the zone, one (1)
parcel may be allowed to meet the following reduced minimum lot size (not
applicable for cluster development):
a. R-4: Eight thousand (8,000) square feet.
b. R-6: Six thousand two hundred fifty (6,250) square feet.
c. R-8: Four thousand five hundred (4,500) square feet.
SECTION XI. Subsection 4-2-115.E.1, Site Design, of Chapter 2, Zoning Districts – Uses
and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended
as follows:
1. Site Design:
LOT CONFIGURATION: Variety in the configuration of lots enhances the image of variety of
housing stock and helps minimize perceptions of monotony.
Guidelines: Developments shall create pedestrian oriented environments and amplify the
mutual relationship between housing units, roads, open space, and pedestrian amenities,
while also protecting the privacy of individuals. Lots shall be configured to encourage variety
within the development. To the maximum extent practicable as defined by the Surface Water
Design Manual, retain soils with potential for infiltration.
Standards:
RC, R-1,
and R-4 n/a
One of the following is required of preliminary plat applications:
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
11
R-6 and R-
8
1. Lot width variation of 10 feet (10') minimum of one per four (4) abutting
street-fronting lots, or
2. Minimum of four (4) lot sizes (minimum of four hundred (400) gross
square feet size difference) for street-fronting lots, or
3. A front yard setback variation of at least five feet (5') minimum for at
least every four (4) abutting street fronting lots.
All zones
Lots shall be configured to achieve both of the following:
1. The location of stormwater infiltrating LID facilities is optimized,
consistent with the Surface Water Design Manual. Building and property
line setbacks are specified in the Surface Water Design Manual for
infiltration facilities.
2. Soils with good infiltration potential for stormwater management are
preserved to the maximum extent practicable as defined by the Surface
Water Design Manual.
R-10 and
R-14
Developments of more than four (4) structures shall incorporate a variety of
home sizes, lot sizes, and unit clusters.
Dwellings shall be arranged to ensure privacy so that side yards abut other
side yards (or rights-of-way) and do not abut front or back yards.
Lots accessed by easements or pipestems shall be prohibited.
GARAGES: The minimization of the visual impact of garages contributes to creating
communities that are oriented to people and pedestrians, as opposed to automobiles.
Guidelines: The visual impact of garages shall be minimized, while porches and front doors
shall be the emphasis of the front of the home. Garages shall be located in a manner that
minimizes the presence of the garage and shall not be located at the end of view corridors.
Alley access is encouraged. If used, shared garages shall be within an acceptable walking
distance to the housing unit it is intended to serve.
Standards:
RC and R-1 n/a
R-4, R-6,
and R-8
If an attached garage is wider than twenty six feet (26’), at least one (1)
garage door shall be recessed a minimum of four feet (4’) from the other
garage door. Additionally, oOne of the following is required; the garage is:
1. Recessed from the front of the house and/or front porch at least eight
feet (8') The front porch projects in front of the garage a minimum of
five feet (5’), and is a minimum of twelve feet (12’) wide, or
2. Located so that tThe roof extends at least five feet (5') (not including
eaves) beyond the front of the garage for at least the width of the
garage plus the porch/stoop area, or
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
12
3. The garage is aAlley accessed, or
4. Located so that tThe garage entry does not face a public and/or private
street or an access easement, or
5. Sized so that it The garage width represents no greater than fifty percent
(50%) of the width of the front facade at ground level, or
6. The garage is dDetached., or
7. The garage doors contain a minimum of thirty percent (30%) glazing,
architectural detailing (e.g. trim and hardware), and are recessed from
the front façade a minimum of five feet (5’), and from the front porch a
minimum of seven feet (7’).
The portion of an attached garage wider than twenty six feet (26') across the
front shall be set back at least an additional two feet (2').
R-10 and
R-14
Garages may be attached or detached. Shared garages are also allowed,
provided the regulations of RMC 4-4-080 are met. Carports are not allowed.
One of the following is required; the garage must be:
1. Recessed from the front of the house and/or front porch at least eight
feet (8') The front porch projects in front of the garage a minimum of
five feet (5’), and is a minimum of twelve feet (12’) wide, or
2. The garage is dDetached and set back from the front of the house
and/or porch at least six feet (6').
Additionally, all of the following is required:
1. Garage design shall be of similar design to the homes, and
2. If sides of the garage are visible from streets, sidewalks, pathways, trails,
or other homes, architectural details shall be incorporated in the design.
If shared garages are allowed, they may share the structure with other homes
and all of the following is required:
1. Each unit has garage space assigned to it, and
2. The garage is not to be located further than one hundred sixty feet
(160') from any of the housing units to which it is assigned, and
3. The garage shall not exceed forty four feet (44') in width, and shall
maintain an eight foot (8') separation from any dwellings.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
13
SECTION XII. The Standards for Common Open Space subsection of 4-2-115.E.2, Open
Space, of Chapter 2, Zoning Districts – Uses and Standards, of Title IV (Development Regulations)
of the Renton Municipal Code, is amended as shown below. The other subsections in 4-2-115.E.2
shall remain as currently codified.
Standards for Common Open Space:
R-10 and
R-14
Developments of three (3) or fewer dwelling units: No requirement to
provide common open space.
Developments of four (4) or more units: Required to provide common open
space as follows: outlined below. Above ground drainage facilities (i.e., ponds,
swales, ditches, rain gardens, etc.) shall not be counted towards the common
open space requirement.
1. For each unit in the development, three hundred fifty (350) square feet
of common open space shall be provided.
2. Open space shall be designed as a park, common green, pea-patch,
pocket park, or pedestrian entry easement in the development and shall
include picnic areas, space for small recreational activities, and other
activities as appropriate.
3. Open space shall be located in a highly visible area and be easily
accessible to the neighborhood.
4. Open space(s) shall be contiguous to the majority of the dwellings in the
development and accessible to all dwellings, and shall be at least twenty
feet (20') wide.
5. A pedestrian entry easement can be used to meet the access
requirements if it has a minimum width of twenty feet (20') with a
minimum five feet (5') of sidewalk.
6. Pea-patches shall be at least one thousand (1,000) square feet in size
with individual plots that measure at least ten feet by ten feet (10' x 10').
Additionally, the pea-patch shall include a tool shed and a common area
with space for compost bins. Water shall be provided to the pea-patch.
Fencing that meets the standards for front yard fencing shall surround
the pea-patch with a one foot (1') landscape area on the outside of the
fence. This area is to be landscaped with flowers, plants, and/or shrubs.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
14
7. Grass-crete or other pervious surfaces may be used in the common open
space for the purpose of meeting the one hundred fifty feet (150')
distance requirement for emergency vehicle access but shall not be used
for personal vehicle access or to meet off-street parking requirements.
8. Common open space areas shall have a maximum slope of five percent
(5%). Storm ponds may be used to meet the common open space
requirement if designed to accommodate a fifty (50) year storm and to
be dry ninety percent (90%) of the year.
9. Obstructions, such as retaining walls and fences, shall not be placed in
common open spaces.
SECTION XIII. The Primary Entry and Roofs subsections of 4-2-115.E.3, Residential
Design, of Chapter 2, Zoning Districts – Uses and Standards, of Title IV (Development Regulations)
of the Renton Municipal Code, is amended as shown below. The other subsections in 4-2-115.E.3
shall remain as currently codified.
PRIMARY ENTRY: Homes with a visually prominent front entry foster the sense that the
community is oriented to pedestrians. Features like porches and stoops at the front entry
provide opportunity for social interaction and can contribute to a sense of place for residents.
Additionally, porches work to minimize the appearance of bulk by breaking up the facade.
Guidelines: Entrances to homes shall be a focal point and allow space for social interaction.
Front doors shall face the street and be on the facade closest to the street. When a home is
located on a corner lot (i.e., at the intersection of two roads or the intersection of a road and a
common space) a feature like a wrapped porch shall be used to reduce the perceived scale of
the house and engage the street or open space on both sides.
Standards:
RC and R-1 n/a
R-4, R-6,
and R-8
One of tThe following is required:
1. Stoop: minimum size four feet by six feet (4' x 6') and minimum height
twelve inches (12") above grade, or
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
15
2. The entry shall include a pPorch or stoop: with a minimum size depth of
five feet (5') deep and minimum height of twelve inches (12") above
grade.
Exception: in cases where accessibility (ADA) is a priority, an accessible route
may be taken from a front driveway.
R-10 and R-
14
Both of the following are required:
1. The entry shall take access from and face a street, park, common green,
pocket park, pedestrian easement, or open space, and
2. The entry shall include one of the following:
a. Stoop: minimum size four feet by six feet (4' x 6') and minimum
height twelve inches (12") above grade, or
b. The entry shall include a pPorch or stoop: with a minimum depth of
five feet (5') deep and minimum height twelve inches (12") above
grade.
Exception: in cases where accessibility (ADA) is a priority, an accessible route
may be taken from a front driveway.
ROOFS: Roof forms and profiles are an important component in the architectural character of
homes and contribute to the massing, scale, and proportion of the home. Roofs also provide
opportunity to create variety, especially for homes of the same model.
Guidelines: Roofs shall represent a variety of forms and profiles that add character and relief
to the landscape of the neighborhood. The use of bright colors, as well as roofing that is made
of material like gravel and/or a reflective material, is discouraged.
Standards:
RC and R-
1
n/a
R-4, R-6,
and R-8
One of the following is required for all development:
1. Hip or gabled with at least a four to twelve (4:12) pitch for the
prominent form of the roof (dormers, etc., may have lesser pitch), or
2. Shed roof.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
16
Additionally, for subdivisions greater than nine (9) lots: A variety of roof forms
appropriate to the style of the home shall be used.
R-10 and
R-14
Both of the following are required:
1. Primary roof pitch shall be a minimum four to twelve (4:12). If a gable
roof is used, exit access from a third floor must face a public right-of-
way for emergency access, and
21. A variety of roofing colors shall be used within the development and all
roof material shall be fire retardant; and.
2. Single family residential subdivisions shall use a variety of roof forms
appropriate to the style of the home.
SECTION XIV. The Setbacks subsection of 4-2-120.A, Development Standards for
Commercial Zoning Designations (CN, CV, CA, & UC), of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
shown in Attachment C. The other subsections in 4-2-120.A shall remain as currently codified.
SECTION XV. The Setbacks subsection of 4-2-120.B, Development Standards for
Commercial Zoning Designations (CD, CO, & COR), of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
shown in Attachment D. The other subsections in 4-2-120.B shall remain as currently codified.
SECTION XVI. The Setbacks subsection of 4-2-130.A, Development Standards for
Industrial Zoning Designations, of Chapter 2, Zoning Districts – Uses and Standards, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as shown below. The
other subsections in 4-2-130.A shall remain as currently codified.
SETBACKS8,11
Minimum Front
Yard
Principal Arterial streets:12 20
ft.
Principal Arterial
streets:12 20 ft.
Principal Arterial
streets:12 20 ft.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
17
Other streets: 15 ft.;
provided, that 20 ft. is
required if a lot is adjacent to
or abutting a lot zoned
residential.
Other streets: 15 ft.
Except 50 ft. is
required if a lot is
adjacent to or
abutting a lot zoned
residential.
Other streets: 15
ft.
Minimum
Side Secondary
Front Yard
Along a Street
Principal Arterial streets:12 20 ft.
Other streets: 15 ft. Except 50 ft. is required if a lot is
adjacent to or abutting a lot zoned residential.
Principal Arterial
streets:12 20 ft.
Other streets: 15
ft.
Minimum Freeway
Frontage Setback
10 ft. landscaped setback from the property line.
Minimum Rear and
Side Yards11
None, except 20 ft. if lot is
adjacent to or abutting a lot
zoned residential; which may
be reduced to 15 ft. through
the Site Plan development
review process.
None, except 50 ft. if
lot is adjacent to or
abutting a lot zoned
residential.
None, except 50 ft.
if lot abuts a lot
zoned residential.
20 ft. if lot abuts a
lot zoned CN, CV,
CA, CD, CO, COR,
or lot with Public
Facilities.
Clear Vision Area In no case shall a structure over 42 in. in height intrude into the 20 ft.
clear vision area defined in RMC 4-11-030.
SECTION XVII. Subsections 4-4-040.D.3.a, Front Yard Setbacks, 4-4-040.D.3.b, Interior
Side Yard Setbacks, 4-4-040.D.3.c, Side Yard along a Street Setbacks, and 4-4-040.D.3.d, Rear Yard
Setbacks, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, are amended as shown be low. Subsection 4-4-
040.D.3.e shall remain as currently codified.
a. Front Yard Setbacks: Fences, retaining walls or hedges shall not
exceed forty-two inches (42") in height in any part of the clear vision area as
defined by RMC 4-11-030, Definitions C. Fences, retaining walls, or hedges shall
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
18
not exceed forty-eight inches (48") in height within any part of the front yard
setback when located outside of any clear vision area on said lot.
b. Interior Side Yard Setbacks: Fences, retaining walls or hedges shall
not exceed seventy-two inches (72") in height within any part of the interior side
yard setback to the point where they intersect the front yard setback, in which
case they shall be governed by the applicable limitations of the subsection D2a of
this Section, Ffront Yyard Ssetbacks.
c. Side Yard along a Street Secondary Front Yard Setbacks: Fences,
retaining walls or hedges shall not exceed forty-two inches (42") in height within
any clear vision area, as defined by RMC 4-11-030, Definitions C, and forty-eight
inches (48") in height elsewhere in the side secondary front yard along a street
setback.
d. Rear Yard Setbacks: Fences, retaining walls, or hedges shall not
exceed seventy-two inches (72") in height within the rear yard setback except the
fence, retaining wall or hedge shall not exceed forty-eight inches (48") in height
where they intersect the width of the side secondary front yard along a street
setback or if the rear yard of the lot abuts a public or private street.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
19
SECTION XVIII. Subsection 4-4-070.P, Maintenance, of Chapter 4, City-Wide Property
Development Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
P. MAINTENANCE:
1. Maintenance Required: Landscaping required by this Section shall be
maintained by the owner and shall be subject to periodic inspection by the
Department of Community and Economic Development. Plantings are to be
maintained in a healthy, growing condition and those dead or dying shall be
replaced. Property owners shall keep the planting areas reasonably free of weeds
and litter.
2. Failure to Maintain Landscaping: The Department of Community and
Economic Development is authorized to notify the owner that any required
landscaping is not being adequately maintained and the specific nature of the
failure to maintain. The Department shall send the property owner written notice,
specifying what corrections shall be made.
3. Security Required: Prior to the issuance of any final approval or
occupancy permit, the developer shall furnish a security device to the City in an
amount equal to the provisions of RMC 4-9-060. Landscaping shall be maintained
for a period of five (5) years after the issuance of any final approval or occupancy
permit prior to the release of the security device.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
20
SECTION XIX. Subsection 4-4-080.F.7.d, RM Zones, of Chapter 4, City-Wide Property
Development Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
d. RMF Zones:
i. For Lots Abutting an Alley: All parking shall be provided in the
rear yard area for any unit, and access shall be taken from the alley.
ii. For Lots Not Abutting an Alley: No portion of covered or
uncovered parking shall be located between the primary structure and the front
property line. Parking structures shall be recessed from the front facade of the
primary structure a minimum of two feet (2').
SECTION XX. The Residential Uses Outside of Center Downtown Zone subsection of 4-4-
080.F.10.d, Parking Spaces Required Based on Land Use, of Chapter 4, City -Wide Property
Development Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as shown below. The other subsections in 4-4-080.F.10.d shall remain as currently
codified.
USE NUMBER OF REQUIRED SPACES
RESIDENTIAL USES OUTSIDE OF CENTER DOWNTOWN ZONE:
Detached dwellings: A minimum of 2 per dwelling unit, however, 1 per dwelling
unit may be permitted for 1 bedroom or less dwelling units.
Tandem parking is allowed. A maximum of 4 vehicles may be
parked on a lot, including those vehicles under repair and
restoration, unless kept within an enclosed building.
Manufactured homes within a
manufactured home park:
A minimum of 2 per manufactured home site, plus a
screened parking area shall be provided for boats, campers,
travel trailers and related devices at a ratio of 1 screened
space per 10 units. A maximum of 4 vehicles may be parked
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
21
USE NUMBER OF REQUIRED SPACES
on a lot, including those vehicles under repair and
restoration, unless kept within an enclosed building.
Congregate residences: A minimum and maximum of 1 per sleeping room and 1 for
the proprietor, plus 1 additional space for each 4 persons
employed on the premises.
Assisted living: A minimum and maximum of 1 space per residential unit of
assisted living, plus dedicated parking spaces for facility fleet
vehicles.
Attached dwellings in RMF,-U,
RM-T, RM-F, R-14 and R-10
Zones:
A minimum and maximum of 1.6 per 3 bedroom or large
dwelling unit; 1.4 per 2 bedroom dwelling unit; 1.0 per 1
bedroom or studio dwelling unit.
Attached dwellings within all
other zones:
1 per dwelling unit is required. A maximum of 1.75 per
dwelling unit is allowed.
Attached dwelling for low
income:
A minimum of 1 for each 4 dwelling units is required. A
maximum of 1.75 per dwelling unit is allowed.
Live-work unit, residential
unit:
A minimum and maximum of 1 per unit.
Accessory dwelling unit: 1 per unit is required. A maximum of 2 per unit is allowed.
SECTION XXI. Subsection 4-4-100.E.5, Additional Signs Permitted in Commercial and
Industrial Zones, of Chapter 4, City-Wide Property Development Standards, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
5. Additional Signs Permitted in Commercial and Industrial Zones: Except
in the City Center Sign Regulation Area, subsection H of this SectionRMC 4-4-
100.H, the following shall apply in all commercial and industrial zones:
a. Business Signs – General:
i. Freestanding, Ground, Roof and Projecting Signs: Each individual
business establishment may have only one (1) sign for each street frontage of any
one of the following types: Freestanding, roof, ground, projecting or combination.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
22
Each sign shall not exceed an area greater than one and one -half (1-1/2) square
feet for each lineal foot of property frontage which the business occupies up to a
maximum of three hundred (300) square feet; or if such sign is multi - faced, the
maximum allowance shall not be more than three hundred (300) square feet.
However, a maximum of one-half (1/2) of the allowed square footage is allowed
on each face. Businesses with less than twenty-five (25) lineal front feet may have
a sign of a maximum of twenty (20) square feet per face.
ii. Wall Signs: In addition to the signs in subsections RMC 4-4-
100.E.5.c, Under Marquee Signs, E.5.a(i), Business Signs - General, E.5.f and E.5.g,
Motor Vehicle Dealership Over One Acre, E.5.e, Large Retail Uses, and E.5.d,
Shopping Centers, wall signs are permitted with a total copy area not exc eeding
twenty percent (20%) of the building facade to which it is applied.
b. Marquee Signs: Signs on marquees conforming to subsection N of
this SectionRMC 4-4-100.N are permitted.
c. Under Marquee Signs: Under marquee signs shall be limited to one
(1) such sign per entrance for each business establishment.
d. Shopping Centers:
i. Shopping centers less than ten (10) acres may install:
• Freestanding Signs: One freestanding sign for each street
frontage of the shopping center. Each sign shall not exce ed an area greater than
one and one-half (1-1/2) square foot for each linear foot of property frontage, not
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
23
to exceed one hundred fifty (150) square feet per sign face and a maximum of
three hundred (300) square feet including all sign faces.
ii. Shopping centers ten (10) acres or greater may install:
• Freestanding Signs: One (1) freestanding sign per street
frontage not to exceed an area greater than one and one -half (1-1/2) square feet
for each linear 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;
• Optional Freestanding Sign: In lieu of one of the freestanding
signs permitted above; one (1) freestanding identification sign for listing the
names of the occupants of the shopping center. The shopping center identification
sign shall not exceed an area greater than one and one-half (1-1/2) square feet for
each linear foot of property frontage, not to exceed two hundred fifty (250) square
feet per sign face and a maximum of five hundred (500) square feet including all
sign faces.
e. Large Retail Uses: Property dedicated primarily to retail sales may
install oversized signs as follows in lieu of signage permitted under subsect ions
E.5.a(i), Business Signs – General, and E.5.d, Shopping Centers, of this Section.
i. Developments Over One Hundred Twenty Five Thousand
(125,000) Square Feet: A commercial development with a single building of a
minimum of one hundred twenty five thousand (125,000) square feet in floor area
dedicated primarily to retail sales, provided all or part of the property is located
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
24
within one thousand (1,000) feet of the right-of-way of Interstate Highway 405 or
Highway 167, may install:
• Freestanding Signs: One (1) freestanding sign per street
frontage not to exceed an area greater than one and one -half (1-1/2) square feet
for each linear 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
• Optional Freestanding Sign: In lieu of one of the freestanding
signs permitted above, for a property frontage with a minimum of two hundred
(200) linear feet, one (1) freestanding sign not to exceed two hundred fifty (250)
square feet per sign face and a maximum of five hundred (500) square feet
including all sign faces, and not to exceed sixty feet (60') in height; and
• Directional Sign: An additional directional sign may be
permitted to locate within twenty (20) feet of a recorded access easement serving
the subject property, provided the sign does not obscure sight distance. Th is sign
shall not exceed thirty-two (32) square feet per sign face and a maximum of sixty-
four (64) square feet including all sign faces.
ii. Big Box Retail Uses with over Three Hundred Fifty Thousand
(350,000) Square Feet of Total Building Area Located in the Employment Area:
Big box retail uses with over three hundred fifty thousand (350,000) square feet
in total building area located in the Employment Area may install:
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
25
• Large Freestanding Signs: One (1) on-premises freestanding sign
not to exceed one hundred fifteen feet (115') in height and seven hundred (700)
square feet per face, and another such sign not to exceed forty feet (40') in height
and four hundred (400) square feet per face; and
• Roof Signs: One (1) roof-mounted sign per building of up to
four hundred (400) square feet not to exceed twenty feet (20') in height above the
parapet wall and not to exceed two (2) such signs per retail center; and
• Additional Freestanding Signs: Two (2) on-premises
freestanding signs per street frontage, no more than eight feet (8') tall and no
more than one hundred (100) square feet per side.
f. Motor Vehicle Dealership Over One Acre of Contiguous Ownership
or Control Located Within the Automall Area(s):
i. Wall and Under Marquee Signs: Each dealership is allowed its
appropriate wall or under marquee sign as stated in the Sign Code, and
ii. Freestanding Signs: Each dealership is allowed:
• One (1) 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 feet (50') in height; or
• One (1) 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
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
26
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 feet (50') 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 fift y 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.
g. Motor Vehicle Dealership Over One Acre of Contiguous Ownership
or Control Located Outside the Automall Area:
i. Wall Signs: Each motor vehicle dealership located outside the
Automall area is allowed its appropriate wall or under marquee sign as stated in
the Sign Code; and
ii. Freestanding Signs: Each motor vehicle dealership located
outside the Automall area is allowed:
• One (1) freestanding, roof, ground, or projecting sign per street
frontage not to exceed an area greater than one and one -half (1-1/2) square feet
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
27
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; or
• One (1) 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 (100) square feet per sign
face and a maximum of two hundred (200) square feet including all sign faces. 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
which 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.
h. Subdivision Identification Signs: Commercial and/or industrial
subdivisions may have two (2) on-premises identifying signs not over seventy-five
(75) square feet on one face. These signs must be no higher than six feet (6'), or
no closer to the street right-of-way than ten feet (10') or five feet (5') to any side
property line.
i. Special Requirements for Specified Uses in the Commercial Office
(CO), Light Industrial (IL), Medium Industrial (IM), and Heavy Industrial (IH)
Zones within One Hundred Feet (100') of a Lot Zoned Residential:
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
28
i. Specified Uses – CO Zone
• Assisted Living
• Eating and Drinking Establishments
• Retail Sales
• Indoor Recreation
• On-site Services
• Convalescent Centers
ii. Specified Uses – IL, IM, IH Zones
• Mini-Mart
• On-site Services
iii. Sign Allowances for Specified Uses in Subsections RMC 4-4-
100.E.5.i(i) and 4-4-100.E.5.i(ii) of this Section:
• Freestanding Signs: One freestanding sign per street frontage.
Freestanding signs shall be limited to six feet (6') in height above grade and ten
feet (10') from any public right-of-way. Each sign shall not exceed an area of one
(1) square foot for each lineal foot of property frontage, not to exceed one
hundred (100) square feet per sign face and a maximum of two hundred (200)
square feet including all sign faces.
• Wall Signs: In addition to the freestanding sign(s), wall signs are
permitted with a total copy area not exceeding ten percent (10%) of the building
facade to which it is applied.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
29
j. Self Storage Uses in the RM-F RMF Zone: Signage for permitted self-
storage uses in the RM-F RMF Zone shall comply with subsection RMC 4-4-
100.E.5.i of this section except that freestanding signs shall be limited to two (2)
signs or one (1) per street frontage, whichever is greater.
k. Large Institution Directional and Wayfinding Signs: Commercial
and industrial campuses on land equal to or greater than two hundred thousand
(200,000) square feet of contiguous land area may display directional signs under
the following conditions:
i. Appearance of Signs: All on campus directional signs shall be
visually similar to other on campus signs.
ii. Allowed Area, Height, and Number: Directional signs shall not
exceed nine (9) square feet in surface area and shall not exceed five feet (5’) in
height. One (1) wayfinding sign with a maximum surface area of thirty-two (32)
square feet may be used for every fifty thousand (50,000) square feet of
contiguous land area. Wayfinding signs shall not exceed a height of six feet (6’)
above the established grade.
iii. Visibility and Location: Signage shall not be visible from the
public right-of-way unless necessary for traffic and pedestrians entering the
campus. Directional and wayfinding signs shall be located on the subject property,
outside of the public right-of-way, and drive aisles.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
30
SECTION XXII. Subsection 4-4-130.C.9.d, Minimum Tree Density, of Chapter 4, City-Wide
Property Development Standards, of Title IV (Development Regulations) of the Renton Municip al
Code, is amended as follows:
d. Minimum Tree Density:
i. A minimum tree density shall be maintained on each residentially
zoned lot, as specified in the table below. The tree density may consist of existing
trees, replacement trees, trees required pursuant to RMC 4-4-070.F.1, Street
Frontage Landscaping Required, or a combination. If the number of trees required
includes a fraction of a tree, any amount equal to or greater than one -half (1/2)
shall be rounded up; and
Type of Residential
Development
Minimum Tree
Density
Multi-family
development
(attached
dwellings)3
Four (4) significant
trees1for every five
thousand (5,000) sq.
ft.
Single family
development
(detached
dwellings)2
Two (2) significant
trees1for every five
thousand (5,000) sq.
ft.
1Or the gross equivalent of caliper inches
provided by one or more trees.
2Lots developed with detached dwellings in
the R-10 and R-14 zones are exempt.
3Development in the RMF zone is exempt.
ii. Property owners are responsible for maintaining these trees in a
healthy condition.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
31
SECTION XXIII. Subsection 4-4-130.H.9, Protection Measures During Construction, of
Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of
the Renton Municipal Code, is amended as follows:
9. Protection Measures During Construction: Protection measures in this
subsection shall apply for all trees that are to be retained onsite and offsite. Offsite
trees containing drip lines that encroach onto the site under construction shall be
considered protected trees unless it is determined the abutting property owner is
in compliance with RMC 4-4-130.C, Allowed Tree Removal Activities. All of the
following tree protection measures shall apply:
a. Construction Storage Prohibited: The applicant may not fill,
excavate, stack or store any equipment, dispose of any materials, supplies or
fluids, operate any equipment, install impervious surfaces, or compact the earth
in any way within the area defined by the drip line of any tree to b e retained.
b. Fenced Protection Area Required: Prior to development activities,
the applicant shall erect and maintain six-foot (6') high chain link temporary
construction fencing around the drip lines of all retained trees or at a distance
surrounding the tree equal to one and one-quarter feet (1.25') for every one inch
(1") of trunk caliper, whichever is greater, or along the perimeter of a tree
protection tract. Placards shall be placed on fencing every fifty feet (50') indicating
the words, “NO TRESPASSING – Protected Trees,” or on each side of the fencing if
less than fifty feet (50'). Site access to individually protected trees or groups of
trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
32
In addition, the applicant shall provide supervision whenever equipment or trucks
are moving near trees.
c. Protection from Grade Changes: If the grade level adjoining to a tree
to be retained is to be raised, the applicant shall construct a dry rock wall or rock
well around the tree. The diameter of this wall or well must be equal to the tree’s
drip line.
d. Impervious Surfaces Prohibited within the Drip Line: The applicant
may not install impervious surface material within the area defined by the drip
line of any tree to be retained.
e. Restrictions on Grading within the Drip Lines of Retained Trees: The
grade level around any tree to be retained may not be lowered within the greater
of the following areas: (i) the area defined by the drip line of the tree, or (ii) an
area around the tree equal to one and one-half feet (1-1/2') in diameter for each
one inch (1") of tree caliper. A larger tree protection zone based on tree size,
species, soil, or other conditions may be required.
f. Mulch Layer Required: All areas within the required fencing shall be
covered completely and evenly with a minimum of three inches (3") of bark mulch
prior to installation of the protective fencing. Exceptions may be approved if the
mulch will adversely affect protected ground cover plants.
g. Monitoring Required during Construction: The applicant shall retain
a certified arborist or licensed landscape architect to ensure trees are protected
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
33
from development activities and/or to prune branches and roots, fertilize, and
water as appropriate for any trees and ground cover that are to be retained.
h. Alternative Protection: Alternative safeguards may be used if
determined to provide equal or greater tree protection.
SECTION XXIV. Subsection 4-6-060.J.2, Minimum Standards, of Chapter 6, Street and
Utility Standards, of Title IV (Development Regulations) of t he Renton Municipal Code, is
amended as follows:
2. Minimum Standards: Shared driveways shall be within a tract; the width
of the tract and paved surface shall be a minimum of sixteen feet (16'); the Fire
Department may require the tract and paved surface to be up to twenty feet (20')
wide. The tract shall be the width of the paved surface plus eight feet (8') for a
landscape strip, when the tract abuts properties that are not part of the
subdivision. The eight foot (8’) landscaping shall include a mixture of trees, shrubs,
and groundcover as required in RMC 4-4-070 and shall serve as a buffer between
the shared driveway and abutting properties that are not part of the subdivision.
The shared driveway may be required to provide a turnaround per RMC 4-6-
060.H. No sidewalks are required for shared driveways; however, drainage
improvements pursuant to City Code are required (i.e., collection and treatment
of stormwater), as well as an approved pavement thickness (minimum of four
inches (4") asphalt over six inches (6") crushed rock). The maximum grade for the
shared driveway shall not exceed fifteen percent (15%), except for within
approved hillside subdivisions.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
34
SECTION XXV. Subsection 4-7-150.E.5, Alley Access, of Chapter 7, Subdivision
Regulations, of Title IV (Development Regulations) of the Renton Municipal Court, is amended as
follows:
5. Alley Access: Alley access is the preferred street pattern for all new
residential development except in the Residential Low Density land use
designation (RC, R-1, and R-4 zones) and the R-6 zone. All new residential
development in an area that has existing alleys shall utilize alley access. New
residential development in areas without existing alleys shall utilize alley access
for interior lots. If the developer or property owner demonstrates that alley access
is not practical, the use of alleys may not be required. The City will consider the
following factors in determining whether the use of alleys is not practical:
a. Size: The new development is a short plat.
b. Topography: The topography of the site proposed for development
is not conducive for an alley configuration.
c. Environmental Impacts: The use of alleys would have more of a
negative impact on the environment than a street pattern without alleys.
d. If site characteristics allow for the effective use of alleys.
“Alleys” shall mean singular or plural in this subsection.
SECTION XXVI. The Type II subsection of 4-8-080.G, Land Use Permit Procedures, of
Chapter 8, Permits – General and Appeals, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as shown on Attachment E. The other subsections in 4-8-080.G shall
remain as currently codified.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
35
SECTION XXVII. The definition of “Lot Line Adjustment Map” in subsection 4-8-
120.D.12, Definitions L, of Chapter 8, Permits – General and Appeals, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
Lot Line Adjustment Map: A drawing of the proposed lot line adjustment
prepared on an eighteen inch by twenty four inch (18" x 24") sheet of mylar by a
licensed land surveyor complying with the City’s surveying standards., including
the following:
a. Name of the proposed lot line adjustment (e.g., Smith/Larsen Lot
Line Adjustment),
b. Space reserved for “City of Renton File Number” (large type) at top
of first sheet,
c. Space reserved for City of Renton “land record number” (small type)
at bottom left of first sheet,
d. Legal description for of each of the existing and proposed lot parcels.
If a metes and bounds description is used, it must be stamped by a licensed
surveyor,
e. Date, graphic scale (one inch equals forty feet (1" = 40'), unless
otherwise approved by the Department), and north arrow,
f. Names, locations, widths, types, and dimensions of adjacent and on-
site streets, alleys, and easements,
g. Lot lines with all property lines dimensioned and square footage of
each lot,
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
36
h. Parcels identified as Lot 4, Lot 3, etc.,
i. “Old” lot line(s) and “new” lot line(s) clearly labeled and
differentiated by line type and/or thickness (indicated distance(s) moved),
j. Addresses for each lot and new street names in accordance with the
street grid system regulations of chapter 9-11 RMC,
k. Total square footage of existing and revised lots,
l. Ground floor square footage of all structures,
m. Location, dimensions and square footage of any existing structures
to remain, and dimensioned distances to property lines,
n. Location of existing conditions (such as wetlands, steep slopes,
watercourses) on or adjacent to the site which could hinder development. Include
boundaries of utility, open space, and/or critical area(s) tracts, square footage,
and purpose statement of each tract. Clearly delineate the critical area and buffer
boundaries within the tract and indicate a dimension for buffer width,
o. Reservations, restrictive covenants, easements, description of any
areas to be dedicated to public use with notes stating their purpose, and any
limitations, and identifying the grantee and, if the grantee is the City, a statement
of provisions reserving, granting and/or conveying the area with a description of
the rights and purposes must be shown,
p. Coordinates per pursuant to City surveying standards for permanent
control monuments,
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
37
q. Location of all interior permanent control monuments per pursuant
to City surveying standards,
r. Statement of equipment and procedure used per pursuant to
WAC 332-130-100,
s. Basis of bearing per pursuant to WAC 332-130-150(1)(b)(iii),
t. Date the existing monuments were visited per pursuant to WAC 332-
130-050(1)(f)(iv),
u. Verification that permanent markers are set at corners of the
proposed lots,
v. Statement of discrepancies, if any, between bearings and distances
of record and those measured or calculated,
w. Surveyor’s testament, stamp and signature,
x. Certification by a State of Washington licensed land surveyor that a
survey has been made and that monuments and stakes have been set,
y. Notarized signatures of all property owners having an interest in the
property, certifying ownership and approval of the proposal, and
z. Signature and date line(s) for the King County Assessor,
aa. Signature and date line(s) for the Community and Economic
Development Administrator.
SECTION XXVIII. Subsection 4-9-030.D, Decision Criteria, of Chapter 9, Permits –
Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
38
D. DECISION CRITERIA:
Except for wireless communication facilities, the Administrator or the Hearing
Examiner shall consider, as applicable, the following factors for applications:
1. Consistency with Plans and Regulations: The proposed use shall be
compatible with the general goals, objectives, policies and standards of the
Comprehensive Plan, the zoning regulations and any other plans, programs, maps
or ordinances of the City of Renton.
2. Appropriate Location: The proposed location shall not result in the
detrimental overconcentration of a particular use within the City or within the
immediate area of the proposed use. The proposed location shall be su ited for the
proposed use.
3. Effect on Adjacent Properties: The proposed use at the proposed
location shall not result in substantial or undue adverse effects on adjacent
property.
4. Compatibility: The proposed use shall be compatible with the scale and
character of the neighborhood.
5. Parking: Adequate parking is, or will be made, available.
6. Traffic: The use shall ensure safe movement for vehicles and pedestrians
and shall mitigate potential effects on the surrounding area.
7. Noise, Light and Glare: Potential noise, light and glare impacts from the
proposed use shall be evaluated and mitigated.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
39
8. Landscaping: Landscaping shall be provided in all areas not occupied by
buildings, paving, or critical areas. Additional landscaping may be required to
buffer adjacent properties from potentially adverse effects of the proposed use.
9. Specific Requirements for Kennels: In addition to the criteria above, the
following criteria shall also be considered for kennel applications:
a. History: Past history of animal control complaints relating to the
applicant’s dogs and cats at the address for which the kennel is located or to be
located. Conditional Use Permits shall not be issued for kennels to applicants who
have previously had such permits revoked or renewal refused, for a period of one
(1) year after the date of revocation or refusal to renew.
b. Standards for Keeping Animals: The applicant or kennel owner must
also comply with the requirements of RMC 4-4-010, Animal Keeping and
Beekeeping Standards.
10. Specific Requirements for Secure Community Transition Facilities
(SCTF), Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service
Facilities (CDIS): In addition to the criteria in subsections RMC 4-9-030.D.1
through 4-9-030.D.8 of this Section, the following criteria shall be considered for
secure community transition facilities, crisis diversion facilities, and interim
service facilities:
a. Whether alternative locations were reviewed and consideration was
given to sites that are farthest removed from any risk potential activity;
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
40
b. Whether adequate buffering is provided from abutting and adjacent
uses;
c. Whether adequate security is demonstrated by the applicant;
d. Whether public input was provided during the site selection process;
and
e. For SCTF there is no resulting concentration of residential facility
beds operated by the Department of Corrections or the Mental Health Division of
the Department of Social and Health Services, the number of registered sex
offenders classified as Level II or Level III, and the number of sex offenders
registered as homeless in a particular neighborhood, community, jurisdiction or
region.
11. Specific Requirements for Live-Work Units: In addition to the criteria
in RMC 4-9-030.D.1 through 4-9-030.D.8 and the development standards of the
zone where the unit(s) is proposed, the following criteria shall be considered:
a. Each unit shall:
i. Not exceed a maximum of one thousand (1,000) square feet of
nonresidential space for commercial activity;
ii. Include all nonresidential space, to the maximum allowed,
constructed to commercial building standards;
iii. Provide an internal connection between the residential and
nonresidential space within each unit; and
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
41
iv. Provide a street presence and pedestrian-oriented facade for
the nonresidential space.
b. Only following uses are allowed within the nonresidential space of a
unit:
i. Eating and drinking establishments;
ii. On-site services; and
iii. Retail sales.
c. Within the Residential-14 (R-14) Zone, live-work units shall only be
allowed along primary, minor, and collector arterials.
d. Within the Commercial Arterial (CA) Zone, live-work units shall only
be allowed at a distance of one hundred fifty feet (150') or greater from an arterial.
SECTION XXIX. Subsection 4-9-070.H, Critical Areas/Inapplicable Exemptions, of
Chapter 9, Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
H. CRITICAL AREAS/INAPPLICABLE EXEMPTIONS:
1. Critical Areas Maps: The map(s) in RMC 4-3-050.Q identify critical areas.
The maps in RMC 4-3-090 identify regulated Shorelines of the State. The specific
environmentally critical areas where SEPA exemptions are not applicable are
identified in subsection RMC 4-9-070.H.23 of this Section.
2. Critical Areas Designated: Wetlands, Protected Slopes, Very High
Landslide Hazard Areas, Class 2 to 4 Streams and Lakes, Shorelines of the State
designated as Natural or Conservancy, or Shorelines of the State designated Urban
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
42
if also meeting the requirement of subsection RMC 4-9-070.H.3.a or 4-9-070.H.3.c
of this Section, and the one hundred (100) year floodway, as mapped and
identified pursuant to subsection RMC 4-9-070.H.1 of this Section, or when
present according to the critical area classification criteria of RMC 4-3-050, are
designated as environmentally critical areas pursuant to the State Environmental
Policy Act, WAC 197-11-908.
3. Inapplicable Exemptions:
a. Certain exemptions do not apply on lands covered by water, and this
remains true regardless of whether or not lands covered by water are mapped.
Unidentified exemptions shall continue to apply within environmentally critical
areas of the City.
b. For each critical area, the exemptions within WAC 197-11-800 that
are inapplicable for that area are:
WAC 197-11-800(1), except for the construction of one (1) new single
family residence on an existing legal lot, provided the proposed development
complies with RMC 4-3-050 and RMC 4-3-090. This exemption would not apply to
projects requiring a variance or reasonable use exception from RMC 4-3-050 or
RMC 4-3-090.
WAC 197-11-800(2)(d, e, f, g)
WAC 197-11-800(6)(a)
WAC 197-11-800(13)(c)
WAC 197-11-800(23)(c, e)
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
43
WAC 197-11-800(24)(a, b, c, d, f, g)
WAC 197-11-800(25)
c. The following SEPA categorical exemptions shall not apply to
wetlands:
WAC 197-11-800(1), except for the construction of one (1) new single
family residence on an existing legal lot, provided the proposed development
complies with RMC 4-3-050 and RMC 4-3-090. This exemption would not apply to
projects requiring a variance or reasonable use exception from RMC 4-3-050 or
RMC 4-3-090.
WAC 197-11-800(2), except for the repair, remodeling, or maintenance
of an existing single family residence, provided the proposed development
complies with RMC 4-3- 050 and RMC 4-3-090. This exemption would not apply to
projects requiring a variance or reasonable use exception from RMC 4-3-050 or
RMC 4-3-090.
WAC 197-11-800(3)
WAC 197-11-800(4)
WAC 197-11-800(6)
WAC 197-11-800(8)
WAC 197-11-800(25)
4. Proposals Located within Critical Areas: The City shall treat proposals
located wholly or partially within a critical area no differently than other proposals
under this Section, making a threshold determination for all such proposals. The
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
44
City shall not automatically require an EIS for a proposal merely because it is
proposed for location in a critical area.
SECTION XXX. Subsection 4-9-070.O, Public Notice and Commenting, of Chapter 9,
Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
O. PUBLIC NOTICE AND COMMENTING:
This part contains rules for consulting, commenting, and responding on all
environmental documents under SEPA, including rules for public notice and
hearings. The City adopts the following sections by reference, as supplemented in
this part:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA register.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
1. Threshold Determinations: Whenever the Environmental Review
Committee of the City of Renton issues a DNS under WAC 197-11-340(2) or a DS
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
45
under WAC 197-11-360(3) the Environmental Review Committee shall give public
notice as follows:
a. If no public notice is required for the permit or approval, the City
shall give notice of the DNS or DS by:
i. Posting on the property, for site-specific proposals, or posting on
the City’s webpage for non-site-specific proposals; and
ii. Publishing notice in a newspaper of general circulation in the
county, city, or general area where the proposal is located.
b. Whenever the Environmental Review Committee issues a DS under
WAC 197-11-360(3), the Environmental Review Committee shall state the scoping
procedure for the proposal in the DS as required in WAC 197-11-408 and in the
public notice.
2. Public Notice: Whenever the Environmental Review Committee issues a
DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the
availability of those documents shall be given by:
a. Posting on the property, for site-specific proposals, or posting on the
City’s webpage for non-site-specific proposals; and
b. Publishing notice in a newspaper of general circulation in the county,
city, or general area where the proposal is located.
3. Consolidation of Public Notice: Whenever possible, the Environmental
Review Committee shall integrate the public notice required under this Section
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
46
with existing notice procedures for the City’s nonexempt permit(s) or approval(s)
required for the proposal.
4. Responsibility of Cost: The Environmental Review Committee may
require an applicant to complete the public notice requirements for the
applicant’s proposal at his or her expense.
5. Notice: The City, applicant for, or proponent of any action may publish
a notice of action pursuant to RCW 43.21C.080 for any action. The form of the
notice shall be substantially in the form provided in WAC 197-11-990. The notice
shall be published by the City Clerk or County Auditor, applicant or proponent
pursuant to RCW 43.21C.080. An applicant’s request for publication shall include
payment of the costs associated with such notice.
6. Record Retention: The City shall retain all documents required by the
SEPA rules (chapter 197-11 WAC) and make them available in accordance with
chapter 42.17 RCW.
SECTION XXXI. Subsection 4-9-150.B.3, Code Provisions Restricted from Modification,
of Chapter 9, Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
3. Code Provisions Restricted from Modification:
a. Permitted Uses: A planned urban development may not authorize
uses that are inconsistent with those uses allowed by the underlying zone, or
overlay district, or other location restriction in RMC Title 4, including, but not
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
47
limited to: RMC 4-2-010 to 4-2-080, 4-3-010 to 4-3-040, 4-3-090, 4-3-095, and 4-
4-010.
b. Density/Permitted Number of Dwelling Units: The number of
dwelling units shall not exceed the density allowances of the applicable base or
overlay zone or bonus criteria in chapter 4-2 or 4-9 RMC; however, averaging
density across a site with multiple zoning classifications may be allowed if
approved by the Community and Economic Development Administrator;
c. Planned Urban Development Regulations: The City may not modify
any of the provisions of this Section, Planned Urban Development Regulati ons,
unless explicitly permitted as specified below;
d. Procedures: The City may not modify any of the procedural
provisions of RMC Title 4, including, but not limited to, fees, submittal
requirements, and other similar provisions found in chapters 4-1, 4-7, 4-8 and 4-9
RMC; and
e. Specific Limitations: The City may not modify any provision of RMC
4-3-050, Critical Areas Regulations, 4-3-090, Shoreline Master Program
Regulations, 4-4-130, Tree Cutting and Land Clearing, 4-4-060, Grading, Excavation
and Mining Regulations, chapter 4-5 RMC, or RMC 4-6-010 to 4-6-050 and 4-6-070
through 4-6-110 related to utilities and concurrency, except that provisions may
be altered for these codes by alternates, modification, conditional use, or variance
as specifically allowed in the referenced Chapter or Section. Such alternates,
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
48
modification, conditional use, or variance applications may be merged with the
consideration of a planned urban development per RMC 4-9-150.H.
SECTION XXXII. Subsection 4-9-150.E.2, Private Open Space, of Chapter 9, Permits –
Specific, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
2. Private Open Space: Each residential unit in a planned urban
development shall have usable private open space (in addition to parking, storage
space, lobbies, and corridors) for the exclusive use of the occupants of that unit.
Each ground floor unit, whether attached or detached, shall have private open
space contiguous to the unit. The private open space shall be well demarcated and
at least fifteen feet (15') in every dimension (decks on upper floors can substitute
for the required private open space). For dwelling units that are exclusively upper
story units, there shall be deck areas totaling at least sixty (60) square feet in size
with no dimension less than five feet (5'). For dwelling units located above the
sixth story, private open space may be provided by a shallow balcony accessed by
a door with at least fifty percent (50%) glazing; any required private open space
not provided by the balcony shall be added to the required common open space,
pursuant to subsection RMC 4-9-150.E.1 of this Section. The minimum
dimensional standards of this Section may be modified through the planned urban
development review process, provided that the minimum area requirement is
maintained.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
49
SECTION XXXIII. Subsection 4-9-150.E.3, Installation and Maintenance of Common
Open Space, of Chapter 9, Permits – Specific, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
3. Installation and Maintenance of Common Open Space:
a. Installation: All common area and open space shall be landscaped in
accordance with the landscaping plan submitted by the applicant and approved
by the City; provided, that common open space containing natural features
worthy of preservation may be left unimproved. Prior to the issuance of any
occupancy permit, the developer shall furnish a security device to the City in an
amount equal to the provisions of RMC 4-9-060. Landscaping shall be planted
within one (1) year of the date of final approval of the planned urban
development, and maintained for a period of two (2) five (5) years thereafter prior
to the release of the security device. A security device for providing maintenance
of landscaping may be waived if a landscaping maintenance contract with a
reputable landscaping firm licensed to do business in the City of Renton is
executed and kept active for a two (2) year period. A copy of such contract shall
be kept on file with the Development Services Division.
b. Maintenance: Landscaping shall be maintained pursuant to
requirements of RMC 4-4-070.
SECTION XXXIV. Subsection 4-9-200.C.2, Development Exempt from Site Plan Review,
of Chapter 9, Permits – Specific, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
50
2. Development Exempt from Site Plan Review: The following are exempt
from the site plan review:
a. Planned urban developments;
b. SEPA Exempt Development: All development categorically exempt
from review under RMC 4-9-070.G, Categorical Exemptions, as it exists or may be
amended, with the exception of development in the Residential Ten Dwelling
Units per Acre (R-10) and Residential Fourteen Dwelling Units per Acre (R-14)
zones where existing dwelling units are included in a de velopment proposal for
new dwelling units, whether created by subdivision or other means; or
c. Utilities: Underground utility projects;.
d. Airplane Manufacturing and Airplane Manufacturing Accessory
Functions: The rehabilitation of existing structures and new structures, except
when the new structure abuts a public rights of way or public park; and
e. Interior tenant improvements.
SECTION XXXV. Subsection 4-9-240.D, Temporary Use Permits are Required for Other
Temporary Uses or Structures, of Chapter 9, Permits – Specific, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
D. TEMPORARY USE PERMITS ARE REQUIRED FOR OTHER TEMPORARY USES
OR STRUCTURES:
The following uses or structures are separated into Tier I, Tier II, and Tier III
temporary use categories. Those in the Tier I category are processed as Type I land
use applications, those in the Tier II category are processed as Type II applications,
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
51
and those in the Tier III category are processed as Type III applications. Projects
subject to SEPA are processed differently.
1. Tier I: Examples of temporary uses in this category include activities
allowed by the base zone, mobile food vendors located in the IL, IM, IH, CA, CV
and CD zones, vehicle sales events held on property not currently used as an auto
dealership and within the Automall Area and/or Employment Area, Christmas tree
lots, sales events not determined to be exempt per subsectionpursuant to RMC 4-
9-240.C.3 of this Section, and a temporary manufactured home for medical
hardship, and model homes (equaling the lesser of five (5) homes or twenty
percent (20%) of the total lots, when located within the subdivision or residential
development to which they pertain). The Administrator may authorize additional
temporary uses not listed in this subsection when it is found that the pro posed
uses are in keeping with the intent and purposes of this Section.
2. Tier II: Examples of temporary uses in this category include activities
limited or prohibited by the base zone, mobile food vendors not located in the IL,
IM, IH, CA, CV and CD zones, and storage trailers. Other uses in this category
include circuses, carnivals, fairs, or similar transient amusement or recreational
activities. Also included are model homes, equaling the lesser of five (5) homes or
twenty percent (20%) of the total lots, when located within the subdivision or
residential development to which they pertain. The Administrator may authorize
additional temporary uses not listed in this subsection when it is found that the
proposed uses are in keeping with the intent and purposes of this Section.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
52
3. Tier III: Temporary homeless encampments is the use in this category,
and shall have an application fee of one hundred dollars ($100.00).
SECTION XXXVI. Section 4-11-010, Definitions A, of Chapter 11, Definitions, of Title
IV (Development Regulations) of the Renton Municipal Code, is amended to add a definition of
“Attic,” in alphabetical order, to read as follows:
ATTIC: A finished or unfinished area, not considered a story, located between the
upper surface of the topmost floor and the ceiling or roof above, and having a
floor-to-ceiling height of seven feet (7') or greater for an area that constitutes no
more than fifty percent (50%) of the building footprint.
SECTION XXXVII. The definition of “Building Height” in section 4-11-020, Definitions B,
of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code,
is amended as follows:
BUILDING HEIGHT: The measurement of building height depends on the
applicable zone, as follows:
1. Within the RC, R-1, R-4, R-6, R-8, R-10, R-14, and RMF Zones: The
vertical distance from grade plane to the highest wall plate combined with the
height of any portion of the structure that extends above the wall plate (e.g., roof,
deck, etc.), excluding chimneys, ventilation stacks, and similar elements as
determined by the Administrator.
2. All Other Zones: The vertical distance from grade plane to the average
height of the highest roof surface.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
53
SECTION XXXVIII. The definition of “Retail Sales, Outdoor” in section 4-11-180,
Definitions R, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
RETAIL SALES, OUTDOOR: The display and sale of products and services primarily
outside of a building or structure, including but not limited to garden supplies,
tires and motor oil, farmers markets, manufactured homes, burial monuments,
building and landscape materials, and lumber yards, vending machines, and retail
product lockers. This definition excludes adult retail uses, or vehicle sales.
SECTION XXXIX. The definition of “Story” in section 4-11-190, Definitions S, of Chapter
11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is amended
as follows:
STORY: That portion of a building included between the upper surface of any floor
and the upper surface of the floor above, except that the topmost story shall be
that portion of a building included between the upper surface of the topmost floor
and the ceiling or roof above, unless such area meets the definition of an attic. If
the finished floor level directly above a usable or unused under-floor space is more
than six feet (6') above grade for more than fifty percent (50%) of the total
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
54
perimeter or is more than twelve feet (12') above grade at any point, such usable
or unused under-floor space shall be considered as a story.
SECTION XL. The definition of “Tract” in section 4-11-200, Definitions T, of
Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
TRACT: An area of land that meets one of the following circumstances (wherever
in this Title a tract is required to be created, if an applicant is not pursuing a
subdivision then an easement shall be interpreted to suffice for a tract):
1. A physically separate and distinct property created pursuant to the
provisions of this title, or pursuant to any previous laws governing the subdivision,
short subdivision, or segregation of land created expressly to provide a common
benefit or public purpose, including but not limited to land provided for: storm
water management, critical areas protection, utilities, recreation, or open space.
Such tracts shall be unbuildable, except for the structures and infrastructure
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
55
necessary to fulfill the common benefit or public purpose for which the tract was
created; or
2. A physically separate and distinct property that was not created
pursuant to the provisions of this title, nor pursuant to any previous laws
governing the subdivision, short subdivision, or segregation of land. Such tracts
shall be unbuildable unless converted into a lot pursuant to the provisions of this
title.
SECTION XLI. The definition of “Yard Requirement” in section 4-11-250, Definitions Y, of
Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
YARD REQUIREMENT: An open space on a lot unoccupied by structures, unless
specifically authorized otherwise. The Planning Division shall determine the
various requirements for uniquely shaped lots and pipestem lots. (See also
SETBACK.)
A. Front Yard: The yard requirement which that separates the structure(s)
from public right-of-way, private access easement, or shared driveway. For
through lots, corner lots, and lots without street frontage, the front yard will be
determined by the Planning Division Director.
B. Side Secondary Front Yard along a Street: The yard requirement for corner
lots and through-lots that is neither a serves as a second front yard nor a rear yard,
yet it abuttings a street right-of-way, or private street, or shared driveway.
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
56
C. Rear Yard: The yard requirement opposite the front yard. Where a lot abuts
an alley, the rear yard shall always be the yard abutting the alley. For irregularly
shaped lots, the rear yard shall be measured from an imaginary line at least fifteen
feet (15') in length located entirely within the lot and farthest removed and
parallel to the front lot line or its tangent.
D. Side Yard: The yard requirement which is not a front yard, a side secondary
front yard along a street, or a rear yard.
SECTION XLII. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1961:5/31/17:scr
AGENDA ITEM # 8. h)
ORDINANCE NO. ________
ATTACHMENT A - 57
ATTACHMENT A
4-2-110A DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY AND ATTACHED ACCESSORY
STRUCTURES)
RC R-132 R-410,32 R-6 R-8 R-10 R-14 RMF
Minimum Net
Density(per Net
Acre)1, 15
None 3 dwelling
units
4 dwelling
units
5 dwelling
units30
7 dwelling
units30
Townhouse
Development:
n/a
Other Attached
Dwellings: 10
dwelling units30
Maximum Net
Density(per Net Acre,
Except per Net 10
Acres in RC)2, 14, 15
1 dwelling
unit
1 dwelling
unit7, 36
4 dwelling
units
6 dwelling
units
8 dwelling
units38
10 dwelling
units7
14 dwelling
units7, 29
20 dwelling
units7, 29
Maximum Number of
Dwellings (per Legal
Lot)2
1 dwelling
with 1
accessory
dwelling
unit
1 dwelling
with 1
accessory
dwelling
unit7
1 dwelling with 1
accessory dwelling unit
1 dwelling
with 1
accessory
dwelling
unit
Detached dwellings: 1
dwelling with 1 accessory
dwelling unit
Attached dwellings: n/a
Per Maximum
Net Density
Minimum Lot Size28, 31 10 acres 1 acre3, 32 9,000 sq.
ft.10, 32, 34
7,000 sq.
ft.34
5,000 sq.
ft.34
Detached
dwellings:
4,000 sq. ft.
Detached
dwellings:
3,000 sq. ft.
Attached
dwellings: n/a
n/a
A
G
E
N
D
A
I
T
E
M
#
8
.
h
)
ORDINANCE NO. ________
ATTACHMENT A - 58
RC R-132 R-410,32 R-6 R-8 R-10 R-14 RMF
Attached
dwellings:
n/a
Minimum Lot Width31 150 ft. 100 ft.32 70 ft.10, 32 60 ft. 50 ft. 40 ft. 30 ft. Townhouse
Development: 25
ft.
Other Attached
Dwellings: 50 ft.
Minimum Lot
Width31(Corner Lots)
175 ft. 110 ft.32 80 ft.32 70 ft. 60 ft. 50 ft. 40 ft. Townhouse
Development: 30
ft.
Other Attached
Dwellings: 60 ft.
Minimum Lot Depth31 300 ft. 200 ft.3, 32 100 ft.10, 32 90 ft. 80 ft. 70 ft. 60 ft. Townhouse
Development: 50
ft.
Other Attached
Dwellings: 65 ft.
Minimum Front Yard4,
5, 6, 31
30 ft. 30 ft. 30 ft.10, 32, 33 25 ft. 20 ft. except when all
vehicle access is taken
from an alley, then 15
ft.39
15 ft.11, except
when all
vehicle access
is taken from
an alley, then
10 ft.39
Townhouse
Development: 10
ft.11
Other Attached
Dwellings: 20 ft.
Minimum Rear Yard4,
22, 31
35 ft. 30 ft. 25 ft.10, 32, 33 25 ft. 20 ft.39 15 ft.21, 39 10 ft.21, 39 Townhouse
Development: 10
ft.13, 39
A
G
E
N
D
A
I
T
E
M
#
8
.
h
)
ORDINANCE NO. ________
ATTACHMENT A - 59
RC R-132 R-410,32 R-6 R-8 R-10 R-14 RMF
Other Attached
Dwellings: 15 ft.39
Minimum Side Yard4,
31
25 ft. 15 ft. Combined
20 ft. with
not less
than 7.5 ft.
on either
side.
Combined
15 ft. with
not less
than 5 ft.
on either
side.
5 ft. Detached
Units: 4 ft.
Attached
Units: 4 ft.
for
unattached
side(s), 0 ft.
for the
attached
side(s).23
Detached
Units: 4 ft.
Attached Units:
4 ft. for
unattached
side(s), 0 ft. for
the attached
side(s).23
Attached Units: 5
ft. for unattached
side(s), 0 ft. for
the attached
side(s).13
Minimum Side
Secondary Front
Yard4, 5, 31 (along a
Street) (applies to
corner lots)
30 ft. 30 ft. 30 ft.10, 32, 33 25 ft. 15 ft. 11 15 ft. 11 15 ft. 11 Townhouse
Development: 10
ft.11
Other Attached
Dwellings: 20 ft.
Maximum Building
Coverage (including
Primary and
Accessory)
10% 20% 35% 40% 50% 55% 65% Townhouse
Development:
70%
Other Attached
Dwellings: 35%
A maximum
coverage of 45%
may be allowed
through the
Hearing Examiner
site development
A
G
E
N
D
A
I
T
E
M
#
8
.
h
)
ORDINANCE NO. ________
ATTACHMENT A - 60
RC R-132 R-410,32 R-6 R-8 R-10 R-14 RMF
plan review
process.
Maximum Impervious
Surface Area
15% 25% 50% 55% 65% 70% 80% 75%
Maximum Number of
Stories
3 2 3
Maximum Wall Plate
Height8, 9, 12, 18, 19
32 ft. 24 ft. 24 ft., increase
up to 32 ft.
possible subject
to
administrative
conditional use
permit approval
32 ft.20
Maximum Number of
Units per Building
n/a No more
than 4 units
per building.
No more than 6
units per
building.
n/a
Minimum Tree
Density
2 significant trees per 5,000 sq. ft.
See RMC 4-4-130.
Attached units: 4 significant
trees per 5,000 sq. ft.
See RMC 4-4-130.
n/a
Minimum Freeway
Frontage Setback
10 ft. landscaped setback from the street property line.
Maximum Wireless
Communication
Facilities
Height(including
See RMC 4-4-140, Wireless Communication Facilities. Amateur radio antennas are allowed a maximum height of
6 feet without a Conditional Use Permit. Larger structures will have a maximum height determined by the
Conditional Use Permit process, RMC 4-9-030, Conditional Use Permits.
A
G
E
N
D
A
I
T
E
M
#
8
.
h
)
ORDINANCE NO. ________
ATTACHMENT A - 61
RC R-132 R-410,32 R-6 R-8 R-10 R-14 RMF
Amateur Radio
Antennas)
Design Standards See RMC 4-2-115, Residential Design and Open Space Standards.
Landscaping See RMC 4-4-070, Landscaping.
Exterior Lighting See RMC 4-4-075, Lighting, Exterior On-Site.
Screening See RMC 4-4-095, Screening and Storage Height/Location Limitations.
Exception for Pre-
Existing Legal Lots
See RMC 4-10-010, Nonconforming Lots.
A
G
E
N
D
A
I
T
E
M
#
8
.
h
)
ORDINANCE NO. ________
ATTACHMENT B - 62
ATTACHMENT B
4-2-110.C DEVELOPMENT STANDARDS FOR RESIDENTIAL MANUFACTURED HOME PARK ZONING DESIGNATION
NEW PARK
Development or
Redevelopment
INDIVIDUAL MANUFACTURED HOME
SPACES
Primary and Attached Accessory
Structures
DETACHED ACCESSORY
STRUCTURES5
SETBACKS4
Minimum Side Secondary
Front Yard Along a Street
NA 10 ft. 10 ft.
A
G
E
N
D
A
I
T
E
M
#
8
.
h
)
ORDINANCE NO. ________
ATTACHMENT C - 63
ATTACHMENT C
4-2-120.A DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, CA, & UC)
CN CV CA UC
SETBACKS
Minimum Front Yard14,18 15 ft. The minimum setback may be reduced to 0 ft. through the site plan
review process, provided blank walls are not located within the reduced
setback.
Determined through
site plan review4,5,8
Maximum Front Yard18 20 ft.15 Determined through
site plan review4,5,8
Minimum Side Secondary Front
Yard Along a Street 14,18
15 ft. The minimum setback may be reduced to 0 ft. through the site plan
review process, provided blank walls are not located within the reduced
setback.
Determined through
site plan review4,5,8
Maximum Side Secondary Front
Yard Along a Street 18
20 ft. Determined through
site plan review4,5,8
Minimum Freeway Frontage
Setback
10 ft. landscaped setback from the property line. n/a
Minimum Rear Yard18 None, except 15 ft. if lot abuts a lot zoned residential. Determined through
site plan review4,5,8
Minimum Side Yard18 None, except 15 ft. if lot abuts or is adjacent to a lot zoned residential. Determined through
site plan review4,5,8
Clear Vision Area In no case shall a structure over 42 in. in height intrude into the 20 ft. cl ear vision area defined in
RMC 4-11-030.
A
G
E
N
D
A
I
T
E
M
#
8
.
h
)
ORDINANCE NO. ________
ATTACHMENT D - 64
ATTACHMENT D
4-2-120.B DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR)
CD CO COR
SETBACKS
Minimum Front Yard14,18 None Residential Mixed Use Buildings: 0 ft.
Buildings less than 25 ft. in height:
15 ft.19
Buildings 25 ft. to 80 ft. in height:
20 ft.13,19
Buildings over 80 ft. in height:
30 ft.13,19
Determined through site
plan review.
Maximum Front Yard18 15 ft. – for buildings 25 ft. or less in
height.
None – for that portion of a
building over 25 ft. in height.
Residential Mixed Use Buildings:
15 ft.
All Other Buildings: None
Determined through site
plan review.
Minimum Side Secondary Front
Yard Along A Street 14,18
None 0 ft.19 for Residential Mixed use
Buildings
15 ft.19 – for buildings less than 25 ft.
in height.
20 ft.13,19 – for buildings 25 ft. to 80 ft.
in height.
30 ft.13,19 – for buildings over 80 ft. in
height.
Determined through site
plan review.
Maximum Side Secondary Front
Yard Along A Street 18
15 ft. – for buildings 25 ft. or less in
height.
None – for that portion of a
building over 25 ft. in height.
Residential Mixed Use Buildings:
15 ft.15
All Other Buildings: None
Determined through site
plan review.
A
G
E
N
D
A
I
T
E
M
#
8
.
h
)
ORDINANCE NO. ________
ATTACHMENT D - 65
CD CO COR
Minimum Freeway Frontage
Setback
10 ft. landscaped setback from the property line.
Minimum Rear Yard14,18 None, unless the CD lot abuts a lot
zoned residential, then there shall
be a 15 ft. landscaped strip or a 5
ft. wide sight-obscuring landscaped
strip and a solid 6 ft. high barrier
used along the common boundary.
None required, except, 15 ft. if
abutting a lot zoned residential.
Determined through site
plan review.
Minimum Side Yard18 None None required, except 15 ft. if
abutting or adjacent to a residential
zone.
Determined through site
plan review.
Clear Vision Area n/a In no case shall a structure over 42 in. in height intrude into the
20 ft. clear vision area defined in RMC 4-11-030.
A
G
E
N
D
A
I
T
E
M
#
8
.
h
)
ORDINANCE NO. ________
ATTACHMENT E - 66
ATTACHMENT E
G. LAND USE PERMIT PROCEDURES:
LAND USE
PERMITS
PUBLIC
NOTICE OF
APPLICATION
RECOMMENDATION
OPEN
RECORD
HEARING7
DECISION /
ADOPTION
OPEN
RECORD
APPEAL
CLOSED
RECORD
HEARING
JUDICIAL
APPEAL
TYPE II
Additional
Animals Permit
Yes No No Staff HE CC SC
Administrative
Variances
Yes No No Staff HE CC SC
Business
Licenses for
Home
Occupations
(with customer
visits/deliveries)
Yes No No Staff HE CC SC
Conditional
Approval Permit
(nonconforming
structures)
Yes No No Staff HE CC SC
Critical Area
Permit
Yes No No Staff HE CC SC
Planned Urban
Development,
final
Yes No No Staff HE CC SC
A
G
E
N
D
A
I
T
E
M
#
8
.
h
)
ORDINANCE NO. ________
ATTACHMENT E - 67
Temporary Use
Permits: Tier II
Yes No No Staff HE CC SC
Temporary
Emergency
Wetland Permit
Yes No No Staff HE CC SC
Variances,
Administrative
Yes No No Staff HE CC SC
Binding Site
Plans
Yes No No Staff HE CC SC
Conditional Use
Permit
(administrative)
Yes No No Staff HE CC SC
Development
Permit (special
flood hazard)
Yes No No Staff HE CC SC
Environmental
Review9
Yes No No Staff HE CC SC
Master Site Plan
Approvals
(individual
phases)
Yes No No Staff HE CC SC
Site Plan Review
(administrative)
Yes No No Staff HE CC SC
Shoreline
Permit
Yes No No Staff DOE CC SC
Short Plats Yes No No Staff HE CC SC
A
G
E
N
D
A
I
T
E
M
#
8
.
h
)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4‐2‐020 AND 4‐2‐110 OF CHAPTER 2, ZONING DISTRICTS – USES AND
STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON
MUNICIPAL CODE, AMENDING THE CLUSTER DEVELOPMENT REGULATIONS.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing on May 3, 2017, considered all
relevant matters, and heard all parties appearing in support or in opposition, and subsequently
forwarded a recommendation to the City Council; and
WHEREAS, pursuant to RCW 36.70A.106, on May 12, 2017, the City notified the State of
Washington of its intent to adopt amendments to its development regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4‐2‐020.D, Residential‐4 (R‐4), of Chapter 2, Zoning Districts –
Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
D. RESIDENTIAL‐4 (R‐4):
The Residential‐4 Zone (R‐4) is established to promote urban single family
residential neighborhoods serviceable by urban utilities and containing open
space amenities. It is intended to implement the Residential Low Density
Comprehensive Plan designation. The Residential‐4 (R‐4) allows a maximum
density of four (4) dwelling units per net acre. The R‐4 designation serves as a
AGENDA ITEM # 8. i)
ORDINANCE NO. ________
2
transition between rural designation zones and higher density residential zones.
It is intended as an intermediate lower density residential zone. Larger lot
subdivisions are preferred; however, “cluster development” is allowed on sites
where open space amenities are created. Resulting development is intended to
be superior in design and siting than that which would normally occur otherwise.
SECTION II. Subsection 4‐2‐110.D.10 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
10. Reserved. Cluster development, with a maximum of fifty (50) lots,
shall be allowed within the R‐4 zone when at least thirty percent (30%) of the site
is permanently set aside as “open space,” as defined in RMC 4‐11‐150. Such open
space shall be situated to act as a visual buffer between lot clusters and other
development in the zone. The percentage of required open space may be reduced
to twenty percent (20%) of the site when:
a. Public access is provided to open space; and
b. If soft surface trails are provided within critical areas or critical
area buffers pursuant to RMC 4‐3‐050; and
c. All portions of a site that are not dedicated to platted single family
lots, a dedicated right‐of‐way, or utility improvements shall be set in a separate
tract and/or tracts to preserve existing viable stands of trees or other native
vegetation. The tract may also be used as a receiving area for tree replacement
requirements in accordance with RMC 4‐4‐130H. Such tracts shall be shown and
AGENDA ITEM # 8. i)
ORDINANCE NO. ________
3
recorded on the face of the plat to be preserved in perpetuity. Such tracts may be
included in contiguous open space for the purposes of qualifying
for cluster development. Where trees are removed, they shall be replaced in
accordance with RMC 4‐4‐130H.
SECTION III. Subsection 4‐2‐110.D.32 of Chapter 2, Zoning Districts – Uses and
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
32. Reserved. When cluster development is allowed, specified
development standards are allowed to be reduced, as indicated below:
a. R‐1 Zone: Ten thousand (10,000) square feet minimum lot size.
Minimum lot width and minimum lot depth shall apply the standards of the R‐4
zone.
b. R‐4 Zone: Minimum lot size, minimum lot width, minimum lot
depth, minimum front yard, minimum side yard, minimum side yard along a
street, and impervious surface area shall apply the standards of the R‐6 zone.
SECTION IV. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
AGENDA ITEM # 8. i)
ORDINANCE NO. ________
4
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1963:5/25/17:scr
AGENDA ITEM # 8. i)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
6-27-3 AND 6-27-5 OF THE RENTON MUNICIPAL CODE, BY ADDING DEFINITIONS
OF “CART PATROL AND RETRIEVAL COMPANY” AND “SECURITY MEASURES,”
CLARIFYING SHOPPING CART REGULATIONS, ALLOWING THE ADMINISTRATOR
TO WAIVE FINES UNDER CERTAIN CONDITIONS, PROVIDING FOR SEVERABILITY,
AND ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Section 6-27-3 of the Renton Municipal Code is amended as follows:
6-27-3 DEFINITIONS:
Except as otherwise expressly set forth herein, the following words and terms as
used in this Chapter shall have the following meanings:
A. Administrator: The Administrator of the Community and Economic
Development Department.
B. Authorized Agent: The owner, or an employee or authorized agent of the
owner, entitled to possession of the shopping cart.
C. Authorized Customer: A customer of the owner of the shopping cart,
having the written permission of the owner or owner’s agent to remove the
shopping cart from the owner’s premises.
D. Cart Patrol and Retrieval Company: A contracted agent who recovers
shopping carts on behalf of retail establishments within a one half (1/2) mile
radius of the contracting retail establishment(s) no fewer than two (2) times per
week.
AGENDA ITEM # 8. j)
ORDINANCE NO. ________
2
ED. Enforcement Personnel: Any police officer, code enforcement inspector,
or designated staff employed by the City of Renton.
FE. ‘Identification Sign’ or ‘Cart Sign’: A clearly visible sign fastened to each
cart that provides ownership information, as required by this Chapter, which is
required to be affixed to each shopping cart .
GF. Impounded Cart: Any shopping cart collected by authorized City
personnel, regardless of whether or not the shopping cart is being transported to
or is stored within City facilities.
HG. Lost, Stolen, or Abandoned Shopping Cart: A shopping cart that is
either:
1. Removed from the premises of a retail establishment by any person
without the written permission or consent of the owner of the shopping cart or
the retailer otherwise entitled to possession of such cart; or
2. Left unattended, discarded or abandoned upon any public or private
property other than the premises of the retail establishment from which the
shopping cart was removed, regardless of whether such shopping cart was
removed from the premises with permission of the owner;
3. For purposes of this Chapter, any shopping cart located on any public
or private property other than the premises of the retail establishment from which
such shopping cart was removed shall be presumed lost, stolen, or abandoned,
even if in the possession of any person, unless such person in possession thereof
is either:
AGENDA ITEM # 8. j)
ORDINANCE NO. ________
3
a. The owner, or an employee or authorized agent of the owner,
entitled to possession of said shopping cart; or
b. An officer, employee or agent of a cart retrieval service hired by
the owner to retrieve such carts; or
c. City enforcement personnel retrieving, storing or disposing of said
cart pursuant to the provisions of this code;
d. A customer with written permission from the owner or agent of
the owner to take the cart off premises.
IH. Owner: Any person or entity, in connection with the conduct of a
business, that owns, leases, possesses, or makes more than ten (10) shopping
carts available to customers or the public in connection with the conduct of a
business.
JI. Parking Area: A parking lot or other property provided by a retail
establishment for the use of customers of said retail establishment for the parking
of customer vehicles. The parking area of a retail establishment located in a multi-
store complex or a shopping center shall include the entire parking area used by
the multi-store complex or shopping center.
KJ. Premises: Any building, property, or other area upon which any retail
establishment business is conducted or operated in the City of Renton, including
the parking area provided for customers in such retail establishment.
LK. Retail Establishment: Any business located in the City of Renton which
offers or provides shopping carts for the use of the customers of such business
AGENDA ITEM # 8. j)
ORDINANCE NO. ________
4
regardless of whether such business is advertised or operated as a retail or
wholesale business, and regardless of whether such business is open to the
general public, is a private club or business, or is a membership store.
M. Security Measures: Physical impediments or methods to prevent
removal of shopping carts from the premises of the retail establishment including,
but not limited to:
1. Electronically-activated self-braking wheels;
2. Poles mounted to shopping carts, which prevent their removal from
the interior of the retail establishment
3. Utilization of a cart patrol and retrieval company;
4. Dedicated security personnel; and
5. Other measures deemed appropriate and effective by the
Administrator.
NL. ‘Shopping Cart’ or ‘Cart’: A basket which is mounted on wheels or a similar
device generally used in a retail establishment by a customer for the purpose of
transporting goods of any kind.
SECTION II. Section 6-27-5 of the Renton Municipal Code is amended as follows:
6-27-5 IMPOUNDMENT AND FINES:
A. Impoundment of Shopping Carts: The City may immediately impound any
lost, stolen or abandoned shopping cart within the City, or any cart within the City
to which the required Identification Sign is not affixed.
AGENDA ITEM # 8. j)
ORDINANCE NO. ________
5
B. Impounded Carts: Owners identified on Cart Signs will be informed that
they have fourteen (14) days in which to retrieve the cart(s) from the City.
C. Notification of Impounded Cart: The City shall utilize the required Cart
Sign to notify the owner of each impounded cart; absence of the required Cart
Sign shall relieve the City from this responsibility.
D. Fines: The City shall issue a one hundred dollar ($100) fine to the owner
of each lost, stolen, or abandoned cart impounded by the City, unless the fine is
eligible for deferral. Each cart impounded by the City shall constitute a separate
violation.
E. Fine Deferrals: Within any calendar month the Administrator shall defer
fines for the first three (3) impounded carts owned by any business that, prior to
the impoundment, has implemented the following criteria. If four (4) or more
shopping carts under common ownership are impounded within a calendar month
no fines shall be deferred by the Administrator.
1. Affixed the required identification sign to each impounded cart; and
2. Implemented security measures, as defined in this Chapter, to prevent
removal of shopping carts from the business’ property.
E. Retrieval Fee: The City shall issue a retrieval fee of twenty-five dollars ($25)
to the owner of each lost, stolen, or abandoned cart impounded by the City and
retrieved, collected, or reclaimed by the owner. If the owner of the cart retrieves
the cart within fourteen (14) days, the owner shall be exempt from this fee.
AGENDA ITEM # 8. j)
ORDINANCE NO. ________
6
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1965:5/31/17:scr
AGENDA ITEM # 8. j)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A
PORTION OF RIGHT‐OF‐WAY ON SW LANGSTON ROAD, LOCATED NEAR THE
INTERSECTION OF SW LANGSTON ROAD AND STEVENS AVENUE SW.
(LANGSTON 14, LLC; VAC‐16‐002.)
WHEREAS, a proper petition for vacating a portion of right‐of‐way as hereinafter more
particularly described was filed with the City Clerk on December 6, 2016, and that petition was
signed by the owners representing more than two‐thirds (2/3) of the property abutting upon
the street or alley to be vacated; and
WHEREAS, the City Council, by Resolution No. 4303, passed on January 23, 2017, set
February 13, 2017, at 7:00 p.m., in the City Council Chambers of the City of Renton as the time
and place for a public hearing on this matter; and the City Clerk gave proper notice of this
public hearing as provided by law, and all persons were heard who appeared to testify in favor
or in opposition on this matter, and the City Council considered all information and arguments
presented to it to determine whether the vacation is in the public interest, whether the
property is not required for overall circulation of traffic within the City, and that the requested
vacation is not detrimental to the public health, safety and general welfare; and
WHEREAS, the Administrator of the Department of Community and Economic
Development has considered this petition for vacation, and has found it to be in the public
interest and for the public benefit, and that it is unlikely that injury or damage to any person
or properties will result from this vacation; and
AGENDA ITEM # 8. k)
ORDINANCE NO. ________
2
WHEREAS, on June 5, 2017, the City Council determined that the vacation should be
granted and adopted the recommendation of the Department of Community and Economic
Development to waive compensation for the right‐of‐way vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The following described portion of SW Langston Road located near the
intersection of LW Langston Road and Stevens Avenue SW, to wit:
(A portion of SW Langston Road, located near the intersection of SW Langston
Road and Stevens Avenue SW.)
See Exhibit A, and depicted in Exhibit B, attached hereto and made a part
hereof as if fully set forth herein, is hereby vacated.
SECTION II. Compensation is hereby waived for this right‐of‐way vacation.
SECTION III. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
A certified copy of this ordinance shall be filed with the King County Recorder’s Office,
and as otherwise provided by law.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
AGENDA ITEM # 8. k)
ORDINANCE NO. ________
3
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1952:5/26/17:scr
AGENDA ITEM # 8. k)
ORDINANCE NO. ________
4
AGENDA ITEM # 8. k)
ORDINANCE NO. ________
5
AGENDA ITEM # 8. k)
ORDINANCE NO. ________
6
AGENDA ITEM # 8. k)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO
MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON ACCESS
TRANSMISSION SERVICES, A DELAWARE CORPORATION, AUTHORIZED TO DO
BUSINESS WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES, SUCCESSORS
AND ASSIGNS, THE RIGHT, PRIVILEGE, AND AUTHORITY TO INSTALL
COMMUNICATIONS FACILITIES, SPECIFICALLY FIBER OPTIC CABLE AND RELATED
APPURTENANCES, UNDER, ALONG, OVER, BELOW, THROUGH AND ACROSS THE
STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON WITHIN THE PUBLIC
RIGHT‐OF‐WAY OF RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I: Definitions
For the purposes of this Franchise and Attachment 1, which is fully incorporated by
reference, the following defined terms, phrases, words and their derivations shall have the
meaning provided below. When not inconsistent with the context in which the word is used,
words used in the present tense include the future, words in the plural include the singular, words
in lower case shall have their defined meaning even if the words are not capitalized, and words
in the singular include the plural. Undefined words shall be given their common and ordinary
meaning.
1.1 Administrator: Means the Administrator of Renton’s Public Works Department or
designee, or any successor office responsible for management of Renton’s public properties.
1.2 Construct or Construction: Means to construct, remove, replace, repair, and/or
restore any Facility, and may include, but are not limited to, digging and/or excavating to
construct, remove, replace, repair, and restore pipeline(s) and/or Facilities.
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
2
1.3 Cost: Means any costs, fees, or expenses, including but not limited to attorneys’
fees.
1.4 Day: Means calendar day(s) unless otherwise specified.
1.5 Facility or Facilities: Means, collectively or individually, any and all
telecommunication transmission and distribution systems, including but not limited to, poles,
wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and
communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, whether the same be located across, above, along, below, in, over, through, or
underground. Facilities do not include any noise‐creating equipment within the range of human
hearing.
1.6 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.7 Franchise Area: Means all present and future Renton Rights‐of‐Way for public
roads, alleys, avenues, highways, streets, and throughways (including the area across, above,
along, below, in, over, through, or under such area), laid out, platted, dedicated, acquired or
improved, and; all city‐owned utility easements dedicated for the placement and location of
various utilities provided such easement would permit Franchisee to fully exercise the privilege
granted under this Franchise within the area covered by the easement, without interfering with
any governmental functions or other franchises or easements.
1.8 Franchisee: Means MCImetro Access Transmission Services Corp., doing business
as Verizon Access Transmission Services, a Delaware corporation, authorized to do business
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
3
within the State of Washington, and its respective successors and assigns, and when appropriate,
agents, contractors (of any tier), employees, officers and representatives.
1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including all substances designated under
the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive
Environmental Response, Compensation and Usability Act, 42 U.S.C. § 9601 et seq.; the
Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution
Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide
Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act, RCW Chapter
70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as they exist or
may be amended; or any other Laws. The term “Hazardous Substance” shall also be interpreted
to include any substance which, after release into the environment, will or may reasonably be
anticipated to cause death, disease, injury, illness, abnormalities, behavioral abnormalities,
stunted or abnormal growth or development, or genetic abnormalities.
1.10 Laws: Means any federal, state, or municipal code, statute, ordinance, decree,
executive order, governmental approval, permit, regulation, regulatory program, order, rule,
published specification, public standard, Environmental Law, or governmental authority, that
relate to telecommunications services, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480‐80 (Utilities
General – Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service – Use
of Right‐of Way), WAC Chapter 296‐32 (Safety Standards for Telecommunications), RCW Chapter
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
4
80.36 (Telecommunications), WAC Chapter 480‐120, et. seq., (Telephone Companies), RCW
Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and any
related Laws. All references to Laws shall mean as they exist, may be amended or created.
1.11 Parties: Means the City of Renton and MCImetro Access Transmission Services,
Corp., doing business as Verizon Access Transmission Services
1.12 Public Properties: Means present and/or future property owned or leased by
Renton within Renton’s present and/or future control and/or jurisdictional boundaries.
1.13 Public Ways: Means any highway, street, alley, sidewalk, utility easement (unless
their use is otherwise restricted for other users), or other public Rights‐of‐Way for motor vehicles
or any other uses under Renton’s control and/or in its jurisdictional boundaries, consistent with
RCW 47.24.020 (Jurisdiction, control) and 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings).
1.14 Rights‐of‐Way: Means the surface and space across, above, along, below, in, over,
through or under any street, alley, avenue, highway, lane, roadway, sidewalk, thoroughfare,
court, easement and similar Public Property, Public Ways, and area within the Franchise Area.
1.15 Tariff: Has the meaning provided in WAC 480‐80‐030 (Definitions), or such similar
definition describing rate schedules, rules and regulations relating to charges and service as may
be adopted by the regulatory authority with jurisdiction, under the laws of the State of
Washington, over public service companies and/or competitive telecommunication service
companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480‐80. (WAC 480‐120‐026 (Tariffs)).
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
5
1.16 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecommunication
service companies.
1.17 Work: Means to construct, excavate, install, maintain, remove and/or repair by,
for, or at Franchisee’s request.
SECTION II: Purpose
2.1 Authority: Under RCW 35A.47.040, Renton’s City Council may grant or not grant
a franchise.
2.2 Conditions: The purpose of this Franchise is to delineate the conditions relating to
Franchisee’s use of the Franchise Area and to create a foundation for the Parties to work
cooperatively in the public’s best interests after this ordinance becomes effective. This Franchise
is granted subject to Renton’s land use authority, public highway authority, police powers,
franchise authority, and any other case law, statutory or inherent authority, and is conditioned
upon the terms and conditions provided in this Franchise, and Franchisee’s compliance with all
Laws.
2.3 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or
liabilities related to the Franchise, with no risk or liability conferred upon Renton. This Franchise
is granted upon the express condition that Renton retains the absolute authority to grant other
or further franchises in any Rights‐of‐Way and any Franchise Area. This and other franchises
shall, in no way, prevent or prohibit Renton from using any of its Franchise Area, or affect its
jurisdiction over them or any part of them, and Renton retains absolute authority to make all
changes, relocations, repairs, maintenance, establishments, improvements, dedications or
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
6
vacations of same as Renton may see fit, including the dedication, establishment, maintenance
and improvement of all new or existing Rights‐of‐Way, Public Property or Public Ways.
SECTION III: Privileges Conveyed
3.1 Franchise Granted: Pursuant to the Telecommunication Act of 1996 § 253(c), RMC
Chapter 5‐19 and the laws of the State of Washington including, but not limited to, RCW
47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific powers
enumerated), RCW 35.99.020 (Permits for use of right‐of way), and 80.36.040 (Use of road,
street, and railroad right‐of way – When consent of city necessary), and any related laws, Renton
grants to Franchisee, and its successors and assigns (subject to and as provided for in Section VI,
Assignment and Transfer of Franchise), under this Franchise’s terms and conditions, the privilege
to install, construct, operate, maintain and improve its Facilities, together with all necessary
equipment and appurtenances, for the provision of telecommunications, telecommunications
distribution services, private line, and internet access services, within the existing Franchise Area,
such lands being more particularly described in Attachment 1 which is attached and fully
incorporated by reference into the Franchise. Without a separate franchise agreement,
Franchisee shall not have the privilege to provide cable services in the City of Renton.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise
Area in which Renton has an actual interest. It is not a warranty of title or interest in the Franchise
Area. This privilege shall not limit Renton’s police powers, any statutory or inherent authority,
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
7
jurisdiction over its property, Franchise Area, Rights‐of‐Way, or its zoning or land use authority.
The terms and conditions of this Franchise shall not be construed to apply to Facilities located
outside of the Franchise Area. This Franchise does not confer upon Franchisee any privilege to
install or use any Facilities outside the Franchise Area, including city‐owned or leased properties
or easements.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the
Franchise Area for purposes other than for telecommunications, telecommunications
distribution services, private line, and internet access services. The Franchisee may use its
Facilities’ excess capacity, however, Franchisee may not use, convey, lease or share excess space
within the Franchise Area,
3.4 Franchise is Non‐Exclusive: As detailed in Section VIII, below, Renton grants this
non‐exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as
a telephone business and service provider (as those terms are used in RCW 35.21.860).
3.5 Acknowledgement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and conditions
of this Franchise. Franchisee accepts all reasonable risks of the meaning of the provisions, terms
and conditions of the Franchise. Franchisee further acknowledges and states that it has fully
studied and considered the requirements and provisions of this Franchise, and believes that the
same are consistent with all Laws. If in the future Franchisee becomes aware that a provision of
this Franchise may be unlawful or invalid, it will not use such potential invalidity to unilaterally
ignore or avoid such provision. Instead, Franchisee will promptly advise Renton of the potential
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
8
invalidity or illegality, and the Parties will meet within thirty (30) days and endeavor jointly to
amend this Franchise to cure the invalidity or illegality.
3.6 Enforceable Contract: Franchisee specifically agrees to comply with the provisions
of any applicable Laws, as they exist or may be amended. The express terms and conditions of
the Franchise constitute a valid and enforceable contract between the Parties, subject to any
Laws.
3.7 Existing Facilities Outside Franchise Area: Existing Facilities installed or
maintained by Franchisee in accordance with prior franchise agreements on public grounds and
places within Renton (but which are not a part of the Franchise Area as defined by this Franchise)
may be maintained, repaired and operated by Franchisee at the location where such Facilities
exist as of the effective date of this Franchise for the term of this Franchise; provided, however,
that no such Facilities may be enlarged, improved or expanded without Renton’s prior review,
written consent, and approval pursuant to the provisions of any applicable Laws.
SECTION IV: Term
4.1 Length of Term: Each of the provisions of this Franchise shall become effective
upon Franchisee’s acceptance of the terms and conditions of this Franchise and the City Council’s
passage of this ordinance, and shall remain in effect for ten (10) years, unless it is terminated
pursuant to Section XVII, Termination, Violations, and Remedies. At any time not more than two
(2) years nor less than one hundred and eighty (180) days before the expiration of the Franchise
Term, Franchisee may make a written request and Renton may consider, at its sole discretion,
renewing this Franchise for an additional five (5) year renewal period, unless either party
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
9
expresses its intention in writing to terminate this Franchise at the conclusion of the ten (10) year
term.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended on
a year‐to‐year basis until the Franchise is renewed, terminated or extended.
SECTION V: Recovery of Costs
5.1. Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by Renton
that are directly related to receiving and approving a permit, license and this Franchise, to inspect
plans and construction, or for the preparation of a detailed statement pursuant to SEPA (RCW
Chapter 43.21C). Where Renton incurs actual administrative expenses, including but not limited
to fees, expenses, and/ or costs for attorneys, consultants, staff and the City Attorney
Department, for review or inspection of activities undertaken through the authority granted in
this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall provide
Franchisee with an itemized invoice identifying the administrative expenses incurred. Renton
employee time shall be calculated based on their rate of salary, including applicable overtime,
benefits and reasonable overhead, and all other costs will be billed based on an actual cost basis.
5.2. Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other
similarly situated telephone businesses or service providers.
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
10
5.3. Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural gas
business, service provider — Franchise fees prohibited — Exceptions), Renton may only impose
a franchise fee or any other Cost of whatever nature or description upon Franchisee as is
consistent with federal law.
5.4. Cost of Publication: Franchisee shall bear the entire Cost of publication of this
ordinance.
5.5. Permit Fee: Franchisee shall be subject to all permit fees associated with activities
undertaken through the authority granted in this Franchise or under Laws.
5.6. Emergency Fee: Franchisee shall promptly reimburse Renton for any and all Costs
incurred by Renton while responding to any emergency involving public safety.
5.7. Reimbursement period: Franchisee shall reimburse Renton within forty‐five (45)
days of Renton’s submittal of an itemized billing for reasonably incurred Costs, itemized by
project, for Franchisee’s proportionate share of all actual, identified expenses incurred by Renton
in planning, constructing, installing, repairing, altering, or maintaining any city facility due to the
presence in the Public Way of Franchisee’s Facilities.
SECTION VI: Assignment and Transfer of Franchise
6.1 Assignment: Franchisee may not assign, dispose of, lease, sell, transfer, or permit
to be forfeited this Franchise, either in whole or in part, without the written consent of the City
Council of Renton by passage of an ordinance or resolution. Such consent shall not be deemed
to waive any of Renton’s rights to subsequently enforce Franchise related non‐compliance issues
that existed at or before Renton’s consent. Any telecommunications assignee or transferee shall,
at least thirty (30) days prior to the date of any assignment or transfer, file written notice of the
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
11
assignment or transfer with Renton, together with its written acceptance of all of the Franchise
terms and conditions. The Franchise terms and conditions shall be binding upon the Parties'
respective assigns and successors. Notwithstanding the foregoing, Franchisee may pledge the
Franchise for security purposes only with the City Council’s consent, and consent shall be
required for Franchisee to transfer the Franchise or Facilities to a creditor. The rights of any
transferee are subject at all times to the terms and conditions of this Franchise, and no transferee
will have any greater rights under this Franchise than the rights of Franchisee.
6.2 Acceptance: If Renton consents, within thirty (30) days of that consent, Franchisee
shall file with Renton a written instrument evidencing such sale, assignment or transfer of
ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all of its terms
and conditions.
SECTION VII: Compliance with Laws ‐ Reservation of Powers and Authority
7.1. Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in this
Franchise or not.
7.2. Incorporation of RMC 5‐19, Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5‐19 are fully incorporated
by reference into this franchise agreement, unless this agreement requires something different.
7.3. Legitimate Municipal Interest: As to matters subject to the terms and conditions
of this Franchise, if Renton determines during the Franchise term that the assertion of a
legitimate municipal interest is prohibited by application of federal or state law, then as to such
matter and such municipal interest and consistent with its legal obligations, Franchisee shall
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
12
cooperate with Renton in a good faith effort to address such municipal interest. In this context,
neither Party shall invoke this Franchise as a basis to assert that its consideration of a given issue
is excused by operation of the doctrines of estoppel or waiver.
7.4. Reference to Specific Law or Order: Upon a reasonably justified written inquiry by
Renton, Franchisee shall provide a specific reference to the federal, state, or local law or the
WUTC order or action establishing a basis for Franchisee’s actions related to a specific Franchise
issue.
SECTION VIII: Non‐exclusive Franchise
8.1 Non‐exclusive: As provided in subsection 3.4, this Franchise is non‐exclusive, and
as a result, Renton expressly reserves the right to grant other or further franchises or to use the
Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee’s
use and placement of its Facilities in any Rights‐of‐Way and/or any Franchise Area.
8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit, limit or
affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s jurisdiction
over the Franchise Area. The Parties agree that Renton reserves and retains all of its statutory,
inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX: Permits, Construction and Restoration
9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities within
the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post
and maintain proper barricades and comply with all applicable Laws, safety regulations and
standards during such period of construction.
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
13
9.2 Permit Application Required: Except in the event of an emergency, Franchisee
shall first obtain all required documentation and approvals, including permits from Renton to
perform Work on Franchisee’s Facilities within the Franchise Area. The permit application shall
contain detailed plans, maps and specifications showing the position, depth and location of all
such Facilities in relation to existing Franchise Area, collectively referred to as the “Plans.” The
Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. Franchisee shall submit to Renton as‐built
plans and, when available, digital facility location data in a format compatible with Renton’s
geographic Information system. Such Work shall only commence upon the issuance of required
permits, and payment of the associated fees, which permits shall not be unreasonably withheld
or delayed after submission of a complete application. Franchisee shall further inform Renton of
any time or date that Franchisee is performing Work within the Franchise Area to allow Renton
to inspect such work.
9.3 Boring Required: Work involving undergrounding of Franchisee’s facilities within
city streets shall be accomplished through boring rather than open trenching whenever
reasonably feasible. Franchisee will CCTV all Renton owned sewer and storm drain lines on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
14
9.4 Facility Placement: The Parties intend that the specific location of Facilities within
the Franchise Area (and similar facility‐related matters of a specific nature requiring detailed
case‐by‐case analysis) is to be determined in accordance with applicable Laws (including, without
limitation, rights of appeal).
9.5 Lateral Support: Whenever Work on Facilities have caused or contributes to a
condition that in the City of Renton’s sole determination would substantially impair or
substantially impairs the lateral support of the Franchise Area, Renton may direct Franchisee, at
Franchisee’s sole expense, to take such actions as are reasonably necessary within the Franchise
Area to repair and/or not impair the lateral support. If Franchisee fails or refuses to take prompt
action, or if an emergency situation requires immediate action, Renton may enter the Franchise
Area and take any action necessary to protect the public, any Public Way, Public Property, and
Rights‐of‐Way, and Franchisee shall be liable to Renton for all costs, fees, and expenses resulting
from that necessary action. This provision shall survive the expiration, revocation or termination
of this Franchise for a period of five (5) years.
9.6 Limits on Construction: No park, public square, golf course, street Rights‐of‐Way
or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if
there is a substantially equivalent alternative. The determination of there being a substantially
equivalent alternative shall be at the sole determination of Renton.
9.7 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton’s issuance of any permits, Franchisee shall,
upon the Renton’s request, furnish a bond executed by Franchisee and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
15
and approved by Renton as sufficient to ensure performance of Franchisee’s obligations under
this Franchise. Franchisee shall post a Performance Bond in the amount of twenty‐five thousand
dollars ($25,000) that shall remain in effect for the term of this Franchise. The bond shall be
conditioned so that Franchisee shall observe all the covenants, terms and conditions and shall
faithfully perform all of the obligations of this Franchise, and to repair or replace any defective
work or materials discovered in the Franchise Area. The bond shall ensure the faithful
performance of Franchisee’s obligations under the Franchise, including, but not limited to,
Franchisee’s payment of any penalties, claims, liens, or fees due Renton that arise by reason of
the operation, construction, or maintenance of the Facilities within the Franchise Area.
Franchisee shall pay all premiums or other costs associated with maintaining the bond.
Additionally, if Renton determines that the Performance Bond is inadequate to ensure
Franchisee’s performance of a project, Franchisee shall post any additional bonds required to
guarantee performance by Franchisee in accordance with the conditions of any permits and/or
the requirements of this Franchise. In lieu of a separate bond for routine individual projects
involving work in the Franchise Area, Franchisee may satisfy Renton’s bond requirements by
posting a single on‐going performance bond in an amount approved by Renton.
9.8 Workmanship: All Work done by Franchisee or at Franchisee’s direction or on its
behalf, including all Work performed by contractors or subcontractors, shall be considered
Franchisee’s Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton, and
be warranted for at least two (2) years. Franchisee’s activities (including work done at
Franchisee’s direction or on its behalf) shall not damage or interference with other franchises,
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
16
licenses, utilities, drains or other structures, or the Franchise Area, and shall not unreasonably
interfere with public travel, park uses, other municipal uses, adjoining property, and shall not
endanger the safety of or injure persons and property. Franchisee’s Work shall comply with all
applicable Laws.
9.9 Material and Installation Methods: As a condition of receiving the privilege to
Work within the Franchise Area, Franchisee shall assume full responsibility for using materials
and installation methods that are in full compliance with city standards and shall verify this by
the submittal of documentation of materials and testing reports when requested by Renton. All
costs for performing on‐site testing, such as compaction tests, shall be borne by Franchisee.
9.10 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee’s Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions
that meet or exceed requirements established by the Department of Transportation, at its own
cost and expense. Franchisee shall, upon discovery of any such damage, immediately notify
Renton. Renton will inspect the damage, and set a time limit for completion of the repair. If
Renton discovers damage caused by Franchisee to the Franchise Area, Renton will give
Franchisee notice of the damage and set a reasonable time limit in which Franchisee must repair
the damage. In the event Franchisee does not make the repair as required in this section, Renton
may repair the damage, to its satisfaction, at Franchisee’s sole expense.
9.11 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122 (Underground Utilities) or
an approved equivalent, and shall comply with all applicable Laws.
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
17
9.12 Restoration Requirements: Franchisee shall after Work on any of Franchisee’s
Facilities within the Franchise Area, restore the surface of the Franchise Area and any other
property within the Franchise Area which may have been disturbed or damaged by such Work.
All restoration of Rights‐of‐Way, sidewalks and other improvements or amenities shall conform
to the City of Renton Standard Specifications for Road, Bridge and Municipal Construction and
the City of Renton’s Trench Restoration Standards in effect at that time, and must be warranted
for at least two (2) years. Restoration shall include all landscaping, irrigation systems and trees.
Renton shall have final approval of the condition of the Franchise Area after restoration pursuant
to applicable Laws, as they exist or may be amended or superseded, provided that such
provisions are not in conflict or inconsistent with the express terms and conditions of this
Franchise.
9.13 Survey Monuments: All survey monuments which are disturbed or displaced by
Franchisee in its performance of any work under this Franchise shall be referenced and restored
by Franchisee, in accordance with WAC 332‐120 (Survey Monuments – Removal or Destruction),
and other applicable Laws.
9.14 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written notice
including a description of actions Renton believes necessary to restore the Franchise Area. If
Franchisee fails to restore the Franchise Area in accord with Renton’s notice within thirty (30)
days of that notice, Renton, or its authorized agent, may restore the Franchise Area at
Franchisee’s sole and complete expense. The privilege granted under this section shall be in
addition to others provided by this Franchise.
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
18
9.15 Separate Permit Approval Needed For New Telecommunications Lines: The
limited privileges granted under this Franchise shall not convey any privilege to Franchisee to
install any new telecommunications lines or Facilities without Renton’s express prior written
consent, including for example, permits as provided for in this Section IX.
SECTION X: Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work
that either Party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or hindrance
to any construction work undertaken by themselves or utilities within the Franchise Area. At a
minimum, such efforts shall include reasonable and diligent efforts to keep the other Party and
other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee
and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any
construction work either may undertake within the Franchise Area. Any associated costs caused
by any construction delays to Renton or to any contractor working for Renton due to Franchisee’s
failure to submit and adhere to Franchisee’s plans and schedule in relocating or installing
Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at Renton’s
request, also attend construction meetings pertaining to performance of Work within the
Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be made
within the Franchise Area, the Party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation, provided that:
(a) such joint use shall not unreasonably delay the work of the Party causing the excavation to be
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
19
made; and (b) such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both Parties.
10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term,
Renton may adopt policies which encourage joint use of utility facilities within the Franchise Area.
Franchisee shall cooperate with Renton and explore opportunities for joint use of the Franchise
Area utility facilities that are consistent with applicable Laws and prudent utility practices.
SECTION XI: Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without
prior written approval of Renton. Renton will not unreasonably withhold approval, but such
application must be in conformance to the aquifer protection regulations of Renton. If
Franchisee shall first obtain Renton’s approval to apply a specific product in accordance with a
defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be
necessary for Franchisee to obtain Renton’s approval on each occasion such product is applied in
accordance with such procedure. Franchisee shall notify Renton of any accident by Franchisee
involving Franchisee’s use of Hazardous Substances within the Franchise Area.
11.2 Release of Hazardous Substance: Upon notice or discovery of a significant release
of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee to occur
upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall notify Renton
within twenty‐four (24) hours of discovery. If the encountered or suspected Hazardous
Substances are not the result of the acts or omissions of Franchisee, Renton shall, at its own
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
20
expense, determine if the material is hazardous, in accordance with applicable Laws. If the
material is found to be hazardous, Renton shall, at its own expense, if possible remove, dispose,
or otherwise handle such Hazardous Substances, as necessary, in accordance with applicable
Laws. If Hazardous Substances are removed, Renton also shall provide substitute nonhazardous
substance(s) to replace the removed substance for Franchisee to use in its operation, if
necessary. Upon approval by Renton to proceed, Franchisee shall proceed with the operations
at its own cost, with no recourse against Renton for the cost of schedule delays incurred due to
the delay in operation. If the encountered or suspected Hazardous Substances within the
Franchise Area are the result of Franchisee’s acts or omissions, Renton’s characterization of the
substances involved and any removal, disposal, or other handling costs incurred in connection
with the removal, disposal, or handling of the hazardous substances will be at Franchisee’s sole
expense. Franchisee shall be solely responsible for any expense or cost related to environmental
mitigation requirements imposed, by operation of applicable Laws or otherwise.
SECTION XII: Emergency Work ‐ Permit Waiver
12.1 Prompt Response Required: In the event of any emergency involving damaged
Franchisee Facilities located in or under the Franchise Area, or if Franchisee’s Facilities within the
Franchise Area pose an immediate danger to the property, life, health or safety of any individual,
Franchisee shall, upon receipt of notification from Renton of the existence of such condition,
immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee’s immediate
action for the protection of Facilities, Renton’s property or any individual’s property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
21
obtaining any required permit so long as: (1) Franchisee notifies the Renton Regional Fire
Authority through the dispatch system of the emergency; and (2) Franchisee informs Renton’s
permitting authority of the nature, location, and extent of the emergency, and the work to be
performed, prior to commencing the work if such notification is practical, or where such prior
notification is not practical, Franchisee shall notify Renton’s permitting authority on the next
business day; and (3) such permit is obtained by Franchisee as soon as practicable following
cessation of the emergency.
12.3 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
Nothing in this section is intended, nor shall it be construed, as preventing Renton from
recovering from Franchisee, if otherwise so entitled in accordance with applicable Laws, any
extraordinary costs in responding to an emergency situation involving Franchisee’s Facilities.
SECTION XIII: Records of Installation
13.1 Future Construction Plans: Upon Renton’s written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
relocations and conversions to its Facilities within the Franchise Area; provided, however, any
such plans so submitted shall be for informational purposes only and shall not obligate Franchisee
to undertake any specific improvements within the Franchise Area, nor shall such plan be
construed as a proposal to undertake any specific improvements within the Franchise Area.
13.2 As‐Built Drawings: Upon Renton’s written request, and at no cost to Renton,
Franchisee shall provide to Renton copies of drawings, maps, and records in use by Franchisee
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
22
showing the location of its Facilities at specific locations within the Franchise Area. As to any
such drawings so provided, Franchisee does not warrant the accuracy of the drawings as such
Facilities are shown in their approximate location.
13.3 Design Locates: Upon Renton’s written request, in connection with the design of
any Public Works Project, Franchisee shall verify the location of its underground Facilities within
the Franchise Area.
13.4 Disclosure to Third‐Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for
management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
information to any Third‐Party without the prior notice to Franchisee, unless the Third‐Party is
an authorized governmental entity of any tier or a public records requestor. Renton will provide
Franchisee with notice of any public records request for Franchisee paperwork as soon as
reasonably practicable.
13.5 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended
(nor shall be construed) to relieve either Party of their respective obligations arising under
applicable Laws with respect to determining the location of utility facilities.
SECTION XIV: Undergrounding of Facilities
Undergrounding Required for New Facilities: Consistent with RMC 4‐6‐090.C
(Applicability), all new Facilities installed within the Franchise Area during the term of this
Franchise shall be located underground, consistent with the RMC, unless it is unfeasible in
Renton’s reasonable estimation for it to be done; provided that installation of wires, cables,
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
23
conduits and similar equipment will be permitted and installed pursuant to the provisions of any
applicable Laws, and subject to and accordance with any applicable Tariffs on file with the WUTC.
In areas where all existing telecommunications and cable facilities are located aboveground,
Franchisee may install its Facilities above ground. Any new Facilities to be located above ground
shall be placed on existing utility poles. No new utility poles shall be installed in connection with
placement of new aboveground Facilities.
SECTION XV: Relocation of Franchisee Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair of its utilities,
improvements and infrastructure, and capital improvement projects, and should any conflict
arise with Renton facilities, Franchisee shall, at its own cost and expense, conform to Renton’s
utilities, improvements and infrastructure and capital improvement projects, provided that,
whenever Renton undertakes (or causes to be undertaken) any public works improvement within
the Franchise Area, and such public works improvement necessitates the relocation of
Franchisee’s then existing Facilities within the Franchise Area, Renton shall:
a. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate a
public works improvement, and if applicable, written notice requesting such relocation;
and
b. Provide Franchisee with copies of pertinent portions of Renton’s plans and
specifications for such public works improvement.
15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
24
Franchisee Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton’s final plans and specifications for incorporation into Renton’s
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton’s project. Franchisee shall relocate such Facilities
within the Franchise Area at no charge to Renton, except that if Renton pays for or reimburses
the relocation costs of another telecommunications utility, under materially identical
circumstances, it shall pay for or reimburse a proportionate share of Franchisee’s relocation
costs. The relocation completion date will be included in Renton’s written request for said
relocation to Franchisee. Franchisee shall be solely responsible for any associated cost caused by
any construction delays to Renton’s project due to Franchisee’s failure to comply with
Franchisee’s plans and schedule in relocating or installing Franchisee’s Facilities.
15.3 Emergency Relocation of Facilities: In the event an emergency posing a threat to
public safety or welfare requires the relocation of Franchisee’s Facilities within the Franchise
Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee’s sole expense.
15.4 Third‐Party Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee’s Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any Third‐Party to undertake work (other
than work undertaken at Renton’s cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee’s Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
25
time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
Franchisee in the relocation of Franchisee’s Facilities.
15.5 Third‐Party Construction of City Identified Project: Any condition or requirement
imposed by Renton upon any Third‐Party (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits
obtained pursuant to any zoning, land use, construction or other development regulation) which
requires the relocation of Franchisee’s Facilities within the Franchise Area, then Franchisee shall
relocate its Facilities; provided, however, in the event Renton reasonably determines and notifies
Franchisee that the primary purpose of imposing such condition or requirement upon such Third‐
Party is to cause or facilitate the construction of a Public Works Project to be undertaken within
a segment of the Franchise Area on Renton’s behalf and consistent with Renton’s Capital
Investment Plan; Transportation Improvement Program; or the Transportation Facilities
Program, then only those costs and expenses incurred by Franchisee in reconnecting such
relocated Facilities with Franchisee’s other Facilities shall be paid to Franchisee by such Third‐
Party, and Franchisee shall otherwise relocate its Facilities within such segment of the Franchise
Area in accordance with subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton’s receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are suitable
to accommodate the work which would otherwise necessitate relocation of Franchisee’s
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
26
Facilities. In evaluating such alternatives, Renton shall give each alternative proposed by
Franchisee fair consideration with due regard to all facts and circumstances which bear upon the
practicality of relocation and alternatives to relocation. If Renton determines that such
alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in subsection
15.1.
15.7 Non‐Franchise Area: Nothing shall require Franchisee to bear any cost or expense
in connection with the location or relocation of any Facilities existing under benefit of easement
or other rights not arising under this Franchise.
15.8 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the costs
of defending Renton against any and all Third‐Party actions, claims, damages, liabilities, or suits
for delays on Renton’s construction projects arising from or caused by Franchisee’s failure to
remove or relocate it Facilities in a timely manner, though Franchisee shall not be liable for
damages due to delays that were out of Franchisee’s reasonable or expected control.
SECTION XVI: Abandonment and Discontinuance of Franchisee’s Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of
use of any of its Facilities within sixty (60) days after such abandonment or cessation of use. Any
plan for abandonment or removal of Franchisee’s Facilities within the Franchise Area must be
first approved by the Administrator, and all necessary permits must be obtained prior to such
Work.
16.2 Removal: In the event of Franchisee’s abandonment or permanent cessation of
use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall, within
one hundred and twenty (120) days after the abandonment or permanent cessation of use,
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
27
remove the Facilities at Franchisee’s sole expense. However, with Renton’s express written
consent, Franchisee may, at Franchisee’s sole cost and expense, secure the Facilities in such a
manner as to cause it to be as safe as is reasonably possible, by removing all lines, conduits and
appurtenances, in compliance with all Laws, and abandon them in place, provided that any
aboveground Facilities shall be removed at Franchisee’s sole expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to
the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre‐installation
or better condition. Such restoration work shall be done at Franchisee’s sole cost and expense
and to Renton’s reasonable satisfaction. If Franchisee fails to remove or secure the Facilities
and/or fails to restore the premises or take such other mutually agreed upon action, Renton may,
after reasonable notice to Franchisee, remove the Facilities, restore the premises or take such
other action as is reasonably necessary at Franchisee’s sole expense and Renton shall not be
liable for any damages, losses or injuries. This remedy shall not be deemed to be exclusive and
shall not prevent Renton from seeking a judicial order directing Franchisee to remove its
Facilities.
16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re‐secure such Facilities in the future in the event it is reasonably determined,
as adjudged in Renton’s sole discretion, that removal, alteration or re‐securing the Facilities is
necessary or advisable for the health, safety, necessity and/or convenience of the public, in which
case Franchisee shall perform such work its sole expense.
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
28
16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII: Termination, Violations, and Remedies
17.1 Termination: If the Franchise Term expires and if either Party states that it does
not wish to renew, extend and/or continue the Franchise, this Franchise shall be terminated as
of the expiration date.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
required license, permit or approval, and fails to cure such breach or failure within thirty (30)
days of Renton providing Franchisee with written notice specifying with reasonable particularity
the nature of any such alleged breach or failure, or, if not reasonably capable of being cured
within thirty (30) days, within such other reasonable period of time as the Parties may agree
upon, Renton may terminate this Franchise, without any penalty, liability, cost or damages.
17.3 City Council Termination: This Franchise shall not be terminated except upon a
majority vote of the City Council, after reasonable notice to Franchisee (which notice shall be
given at least thirty (30) days before the hearing) and an opportunity to be heard, provided that
if exigent circumstances necessitate immediate termination, the hearing may be held as soon as
possible after the termination.
17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shall
immediately discontinue operation of Facilities through the Franchise Area. In such
circumstances, either Party may invoke the dispute resolution provisions in Section XVIII.
Alternatively, either Party may elect to seek relief directly in Superior Court, in which case the
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
29
dispute resolution requirements shall not be applicable. Once Franchisee’s privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal and/or
abandonment of Facilities.
17.5 Renton Retains Right for Action: Renton’s failure to exercise a particular remedy
at any time shall not waive Renton’s right to terminate, assess penalties, or assert any equitable
or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee from
any liability or obligation with respect to any matter occurring prior to such termination, and shall
not release Franchisee from any obligation to remove and secure its Facilities and to restore the
Franchise Area.
17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The Parties
further acknowledge that they may not have an adequate remedy at law if the other Party
violates such covenant. Therefore, in addition to any other rights they may have, the Parties shall
have the right to obtain in any court of competent jurisdiction injunctive relief to restrain any
breach or threatened breach, or to specifically enforce any of the Franchise covenants should the
other Party fail to perform them.
17.8 Renton’s Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any remedy, including but
not limited to those detailed in Sections XVIII – XX below, alone or in combination, in the event
Franchisee violates any material provision of this Franchise. The remedies provided for in this
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
30
Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the
exercise of another or any rights of Renton at law, in equity, or by statutes, unless specifically
waived in this Agreement or in a document signed by both parties.
SECTION XVIII: Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the nature
of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee shall provide
a written response to Renton acknowledging receipt of notice and stating Franchisee’s response.
Franchisee has thirty (30) days (“cure period”) from the date of the notice’s mailing to:
a. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with subsection 18.2, or;
b. Cure the alleged default, or;
c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30) days,
due to the nature of the default. Notwithstanding such notice, Franchisee shall promptly
take all reasonable steps to begin to cure the alleged default and notify Renton in writing
and in detail as to the actions that Franchisee will take and the projected completion date.
In such case, Renton may set a meeting in accordance with subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the alleged
default. Renton shall notify Franchisee of the meeting in writing and the meeting shall take place
not less than ten (10) days after Franchisee’s receipt of notice of the meeting. Each Party shall
appoint a representative who shall attend the meeting, represent their party’s interests, and who
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
31
shall exercise good faith to reach an agreement on any alleged default and/or any corrective
action to be taken. Any dispute (including any dispute concerning the existence of or any
corrective action to be taken to cure any alleged default) that is not resolved within ten (10) days
following the conclusion of the meeting shall be referred by the Parties’ representatives in writing
to the Parties’ senior management for resolution. If senior management is unable to resolve the
dispute within twenty (20) days of referral (or such other period as the Parties may agree upon),
each Party may pursue resolution of the dispute through Section XIX, Arbitration, of this
Franchise. All negotiations pursuant to these procedures for the resolution of disputes shall be
confidential and shall be treated as compromise and settlement negotiations for purposes of the
state and federal rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or agree
upon the existence of a default or the corrective action to be taken to cure any alleged default,
Renton or Franchisee (as Franchisee may have authority to do so) may:
a. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise’s provisions, and/or;
b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or
related to Sections III, Grant of Franchise (or such other sections with respect to the
existence of conflicts or inconsistencies with the express terms and conditions of this
Franchise and any applicable Laws); XIII, Records of Installation; XIV, Undergrounding of
Facilities (except as preempted by WUTC authority); and XV, Relocation of Franchisee
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
32
Facilities (excluding project delay claims exceeding thirty thousand dollars ($30,000)) of
this Franchise (the “Arbitration Claims”), and/or;
c. By ordinance, declare an immediate forfeiture of this Franchise for a breach or
default of any material, non‐Arbitration Claims, obligations under this Franchise and/or;
d. Take any action to which it is entitled under this Franchise or any applicable Laws.
18.4 Continuation of Obligations: Unless otherwise agreed by Renton and Franchisee
in writing, Renton and Franchisee shall, continue to perform their respective obligations under
this Franchise during the pendency of any dispute.
SECTION XIX: Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim
arising out of or relating to Arbitration Claims, shall be referred for resolution to the American
Arbitration Association in accordance with the rules and procedures in force at the time of the
submission of a request for arbitration.
19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost‐effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Damages: The arbitrators may award compensatory damages,
including consequential damages. Such damages may include, but shall not be limited to: all
costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other
items; all costs and expenses of any staff; all costs and expenses of any labor (including, but not
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
33
limited to, labor of any contractors and/or subcontractors); all pre‐arbitration costs and expenses
of consultants, attorneys, accountants, professional and other services; and all taxes, insurance,
interest expenses, overhead and general administrative costs and expenses, and other costs and
expenses of any kind incurred in connection with the dispute. The arbitrator may award
equitable relief in those circumstances where monetary damages would be inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion
setting forth the findings of fact and conclusions of law relied upon in reaching the decision. The
award rendered by the arbitrators shall be final, binding and non‐appealable, and judgment upon
such award may be entered by any court of competent jurisdiction.
19.5 Each Party’s Costs: Except as provided in subsection 19.7 below, each Party shall
pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party’s case including, without limitation, the cost of
any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city documents or records
that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or
transcripts prepared for the arbitrator's use in the arbitration, costs of producing the arbitrator’s
decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections 19.5
and 19.6, in the event either Party is found during the term of this Franchise to be the prevailing
party in any two (2) arbitration proceedings brought by such party pursuant to this Section XIX,
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
34
then such party shall be entitled to recover all reasonably incurred Costs, including attorneys’
fees, for any subsequent arbitration brought by them in which they are found to be the prevailing
party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding
transcript for its use in writing a post‐hearing brief, or an arbitration decision copy to append to
a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to the
extent such cost might be allowed by a court as court costs.
SECTION XX: Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee to
seek or obtain judicial relief from a violation of any Franchise provision or any rule, regulation,
requirement or directive promulgated for non‐Arbitration Claims. Neither the existence of other
Franchise remedies nor the use of such remedies shall bar or limit the right of Renton or
Franchisee to recover monetary damages for violations by the other Party, or to seek and obtain
judicial enforcement of the other Party’s obligations by means of specific performance, injunctive
relief or mandate, or any other remedy at law or in equity.
SECTION XXI: Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties,
specifically stating that it is an amendment to this Franchise and is approved and executed in
accordance with State of Washington laws. Without limitation, and unless required by any Laws,
this Franchise shall govern and supersede and shall not be altered, limited, supplemented or
otherwise amended by any permit, approval, license, agreement or other document required by
or obtained from Renton in conjunction with Franchisee’s exercise or failure to exercise any and
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
35
all benefits, privileges, obligations or duties in and under this Franchise, unless such permit,
approval, license, agreement or other document specifically:
a. References this Franchise; and
b. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and conditions
of this Franchise. In the event of any conflict or inconsistency between the provisions of
this Franchise and the provisions of any such permit, approval, license, agreement or
other document, except as expressly required by Laws and/or superseded by such permit,
approval, license, agreement or other document, the Franchise provisions shall control.
SECTION XXII: Indemnification
22.1 Renton: In Sections XXII and XXIII, “Renton” means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level), and
volunteers.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, and hold
harmless Renton, from and against any and every Third‐Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or property,
including reasonable attorneys’ and experts’ fees and/or costs incurred by Renton in its defense,
arising out of or related to, directly or indirectly, to Franchisee’s Work or abandonment of
Facilities, or from the existence of Franchisee’s Facilities, and the products contained in,
transferred through, any signals or emissions from the Facilities, released or escaped from the
Facilities, including the reasonable costs of assessing such damages and any liability for costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
36
any Laws, including, but not limited to, Environmental Laws, and any action, claim, cost, damage,
death, expense, harm, injury, liability, or loss, to persons or property which is caused by, in whole
or in part, and only to the extent of, the willfully tortious or negligent acts or omissions of
Franchisee or its agents, contractors (of any tier), employees, representatives or trainees related
to Franchisee’s granted Franchise privileges. If any action or proceeding is brought against
Renton by reason of Franchisee’s Facilities, Franchisee shall defend Renton at Franchisee’s sole
expense, provided that, for uninsured actions or proceedings, defense attorneys shall be
approved by Renton, which approval shall not be unreasonably withheld. The terms of this
section shall not require Franchisee to indemnify Renton against and hold harmless Renton from
claims, demands or suits based upon Renton’s negligent or willful conduct, and provided further
that if the claims or suits are caused by or result from the concurrent negligence of (a) the
Franchisee’s agents, officers, or employees and (b) Renton, this provision with respect to claims
or suits based upon such concurrent negligence shall be valid and enforceable only to the extent
of Franchisee’s negligence or the negligence of Franchisee’s agents or employees except as
limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save
Renton harmless from and against any and every Third‐Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss, either at law or in equity, to persons or property, including,
but not limited to, costs and reasonable attorneys’ and experts’ fees incurred by Renton, arising
directly or indirectly from: (a) Franchisee’s breach of any environmental Laws or Laws applicable
to the Facilities, or (b) from any release of a hazardous substance on or from the Facilities, or (c)
other activity related to this Franchise by Franchisee. This indemnity includes, but is not limited
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
37
to, (a) liability for a governmental agency’s costs of removal or remedial action for Hazardous
Substances; (b) damages to natural resources caused by Hazardous Substances, including the
reasonable costs of assessing such damages; (c) liability for any other person’s costs of
responding to Hazardous Substances; (d) liability for any investigation, abatement, correction,
cleanup, costs, fines, penalties, or other damages arising under any Laws; and (e) liability for
personal injury, property damage, or economic loss arising under any statutory or common‐law
theory or Laws.
22.4 Title 51 Waiver: Franchisee’s indemnification obligations pursuant to this section
shall include assuming potential liability for actions brought by Franchisee’s own employees and
the employees of Franchisee's agents, representatives, contractors (of any tier) even though
Franchisee might be immune under RCW Title 51 from direct suit brought by such employees. It
is expressly agreed and understood that this assumption of potential liability for actions brought
by the aforementioned persons is limited solely to claims against Renton arising by virtue of
Franchisee’s exercise of the privileges set forth in this agreement. The obligations of Franchisee
under this section have been mutually negotiated by the Parties, and Franchisee acknowledges
that Renton would not enter into this agreement without Franchisee’s waiver of immunity. To
the extent required to provide this indemnification and this indemnification only, Franchisee
waives its immunity under Title 51 RCW as provided in RCW 4.24.115 (Validity of agreement to
indemnify against liability for negligence relative to construction, alteration, improvement,
etc.,…).
22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine that
this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
38
negligence relative to construction, alteration, improvement, etc.,…), as it exists or may be
amended, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Franchisee, its
officers, officials, employees, and volunteers and/or the contractor, or Renton, its elected
officials, officers, officials, employees, and volunteers, and or the contractor, the party’s liability
shall be only to the extent of the party’s negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights under
this section is presented to or filed with Renton, Renton shall promptly attempt to notify
Franchisee in accordance with Section XXV of this Franchise, and Franchisee shall have the
privilege, at its election and at its sole costs and expense, to settle and compromise such matter
as it pertains to Franchisee’s responsibility to indemnify, defend and hold harmless Renton. In
the event any suit or action is started against Renton based upon any such matter, Renton shall
likewise promptly attempt to notify Franchisee, and Franchisee shall have the privilege, at its
election and at its sole cost and expense, to settle and compromise such suit or action, or defend
the same at its sole cost and expense, by attorneys of its own election, as it pertains to
Franchisee’s responsibility to indemnify, defend and hold harmless Renton. Franchisee’s
indemnification obligations do not apply to the extent that Renton fails to provide attempt to
notice in accordance with Section XXV of this Franchise, and such failure materially prejudices
Franchisee or the defense of an action, claim, cost, damage, death, expense, harm, injury,
liability, or loss of any kind.
22.7 Recovery of City Costs: In the event that Renton is required to defend a “suit or
action” and Franchisee refuses to defend and indemnify Renton, as referenced in subsection 22.2
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
39
and Renton is determined to be without fault for the claim or demand giving rise to such "suit or
action,” Franchisee shall reimburse Renton for a percentage of Renton’s total defense costs. The
percentage of Renton’s total defense costs to be reimbursed shall be a percentage equal to the
percentage (if any) of fault attributable to Franchisee for the claim or demand giving rise to such
“suit or action.”
22.8 Survival: The provisions of this section shall survive the expiration or termination
of this Franchise if the basis for any such claim, demand, suit or action as referenced in subsection
22.2 occurred during the Franchise term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII: Insurance
23.1 Insurance Required: Franchisee shall procure and maintain for the duration of the
Franchise, insurance, or provide evidence of self‐insurance, against all claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance
certificate, and/or a certificate of self‐insurance, together with an blanket additional insured
endorsement on the general and automotive liability policies, including Renton as an additional
insured as their interest may appear under this Agreement upon Franchisee’s acceptance of this
Franchise, and such insurance certificate shall evidence the following coverages:
a. Commercial general liability insurance, including but not limited to, blanket
contractual, property damage, premises‐operations, explosion, collapse and hazard,
underground hazard (XCU) and products completed hazard, with limits of five million
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
40
dollars ($5,000,000) for each occurrence for bodily injury and property damage and five
million dollars ($5,000,000) general aggregate;
b. Commercial automobile liability for owned, non‐owned and hired vehicles with a
combined single limit of three million dollars ($3,000,000) each accident for bodily injury
and property damage;
c. Worker’s Compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution liability with a limit not less than one million dollars ($1,000,000) for each
occurrence, and two million dollars ($2,000,000) in the aggregate, for pollution condition
arising out of or resulting from the use and occupancy of the premises and the operations
conducted thereon.
23.2 Deductibles: All deductibles shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the aggregate limits of the insurer’s liability.
23.3 Additional Insured: Renton, its officers, officials, employees, and volunteers shall
be included as an additional insured as their interest may appear under this Agreement on the
commercial general liability and commercial automobile liability insurance, as respects work
performed by Franchisee and the blanket additional insured endorsement shall be included with
on the certificate of insurance or certification of self‐insurance.
23.4 Primary Insurance: Franchisee’s insurance shall be primary insurance with respect
to Renton. Any insurance maintained by Renton shall be in excess of Franchisee’s insurance and
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
41
shall not contribute with it. Franchisee shall give Renton thirty (30) days prior written notice by
certified mail, return‐receipt requested, of suspension, cancellation, or material change in
coverage.
23.5 Cancellation: Upon receipt of notice from its insurer(s) Franchisee shall provide
the City of Renton with thirty (30) days prior written notice of cancellation In the event of
cancellation or a decision not to renew, Franchisee shall obtain and furnish to Renton evidence
of replacement insurance policies meeting the requirements of this section before the
cancellation date.
23.6 Certificates and Endorsements: Franchisee shall furnish Renton with certificates
of insurance evidencing the coverage or self‐insurance required by this section upon acceptance
of this Franchise. The certificates and blanket additional insured endorsement shall be signed by
a person authorized by the insurer to bind coverage on its behalf and must be received and
approved by Renton prior to the commencement of any Work.
23.7 Separate Coverage: Franchisee’s insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer’s liability.
23.8 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee’s
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
42
SECTION XXIV: Discrimination Prohibited
In connection with this Franchise, including and not limited to all Work, hiring and
employment, neither Franchisee nor its employees, agents, subcontractors, volunteers or
representatives shall discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification in
relationship to hiring and employment, in employment or application for employment or in the
administration of the delivery of services or any other benefits under this agreement. Franchisee
shall comply fully with all applicable Laws that prohibit such discrimination. A copy of this
language must be made a part of any contractor or subcontractor agreement.
SECTION XXV: Notice
25.1 Whenever notice to or notification by any Party is required, that notice shall be in
writing and directed to the recipient at the address set forth below, unless written notice of
change of address is provided to the other Party. Any notice or information required or permitted
to be given to the Parties under this Franchise may be sent to following Addresses unless
otherwise specified:
City Address:
City of Renton
Administrator, Public Works Department
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430‐7311
Company Address:
MCIMETRO ACCESS TRANSMISSION SERVICES, CORP. D/B/A VERIZON ACCESS
TRANSMISSION SERVICES
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
43
ATTN: Franchise manager
600 Hidden Ridge
Mailcode: HQE02G295
Irving, TX 75038
With Copies to:
Verizon
1320 N. Courthouse Road, Suite 900
Arlington, VA, USA 22201
Attn: Vice President and Deputy General Counsel, Network Operations
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is not a
legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e‐mail or certified‐mail. All notices shall be deemed complete
upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e‐mailed transmission of any
signed original document and retransmission of any signed facsimile transmission shall be the
same as delivery of an original document.
SECTION XXVI: Miscellaneous
26.1 As Is: Franchisee agrees and accepts the Franchise Area in an “as is” condition.
Franchisee agrees that Renton has never made any representations, implied or express
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee’s
Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users
of the Franchise Area, Rights‐of Way, Public Property, and Public Ways including any use by
Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
44
remain solely and separately liable for the Work, function, testing, maintenance, replacement
and/or repair of the Facilities or other activities permitted by this Franchise.
26.2 Assignees and Successors: This Franchise and all of the terms and provisions shall
be binding upon and inure to the benefit of the Parties’ respective successors and assignees.
26.3 Attorneys’ Fees: Except as provided in Section XIX, if a suit or other action is
instituted in connection with any controversy arising out of this Franchise, the prevailing party
shall be entitled to recover all of its Costs, including such sum as the court may judge as
reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment
or ruling.
26.4 Conflicts: If there is a conflict between this and any previous Franchise between
the Parties, the terms of this Franchise shall supersede the terms of the previous Franchise.
26.5 Contractors (of any tier): Franchisee’s contractors may act on Franchisee’s behalf
to the extent that Franchisee permits its contractors to do so. Franchisee is responsible for
ensuring that Franchisee’s contractors have every obligation, duty and responsibility that
Franchisee has in discharging its duties related to this Franchise agreement.
26.6 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of
the Facilities by lawful condemnation. In determining the Facilities’ value, no value shall be
attributed to the right to occupy the Franchise Area.
26.7 Force Majeure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the reasonable
control of Franchisee, then Franchisee’s performance shall be excused during the Force Majeure
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
45
occurrence. Upon removal or termination of the Force Majeure occurrence Franchisee shall
promptly perform the affected obligations in an orderly and expedited manner under this
Franchise or procure a substitute for such obligation or performance that is satisfactory to
Renton. Franchisee shall not be excused by mere economic hardship or by misfeasance or
malfeasance of its directors, officers or employees. Events beyond Franchisee’s reasonable
control include, but are not limited to, Acts of God, war, acts of domestic terrorism or violence,
civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty, shortages of
labor or materials, government regulations or restrictions and extreme weather conditions.
Franchisee shall use all commercially reasonable efforts to eliminate or minimize any delay
caused by a Force Majeure event.
26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply
with any of the Franchise provisions, or through willful or unreasonable negligence fails to heed
or comply with any notice that Renton may give to Franchisee under the Franchise provisions, at
the election of the Renton City Council, this Franchise may be revoked or annulled after a hearing
held upon reasonable notice to Franchisee (which notice shall be given at least thirty (30) days
before the hearing), and upon such revocation, all privileges conferred under this Franchise shall
be forfeited.
26.9 Franchisee’s Acceptance: Renton may void this Franchise ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) days from the final
passage of same by the Renton City Council. Franchisee shall file this acceptance with the City
Clerk of the City of Renton.
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
46
26.10 Governing Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to enforce
or interpret this Franchise or any of its terms or shall be in the United States District Court for the
Western District of Washington, in Seattle, Washington, or in the King County Superior Court for
the State of Washington at the Maleng Regional Justice Center, Kent, Washington.
26.12 No Duty by Renton: This Franchise neither creates any duty by Renton nor any of
its elected officials, agents, employees or representatives, and no liability arises from any action
or inaction by Renton or any of its elected officials, agents, employees or representatives in the
exercise of their powers or authority. Renton is not required to inspect or guarantee Franchisee’s
Work. This Franchise is not intended to acknowledge, create, imply or expand any duty or liability
of Renton with respect to any function in the exercise of its police power or for any other purpose.
Any duty that may be deemed to be created in Renton by this Franchise shall be deemed a duty
to the general public and not to any specific party, group or entity.
26.13 Notice of Tariff Changes: Franchisee shall, when making application for any
changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5) calendar
days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual
approved Tariff(s) affecting the provision of this Franchise.
26.14 Other Obligations: This Franchise shall not alter, change or limit Franchisee’s
obligations under any other agreement or its obligations as it relates to any other property or
endeavor.
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
47
26.15 Renton’s Police Powers: Nothing in this Franchise shall diminish, or eliminate, or
be deemed to diminish or eliminate that governmental or police powers of Renton, including the
right to create new Laws or modify existing Laws.
26.16 Public Document/Public Disclosure: This Franchise will be considered a public
document and will be available for reasonable inspection and copying by the public during regular
business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records Act).
26.17 Section Headings: The Section headings in this Franchise are for convenience only,
and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of
the section to which they pertain.
26.18 Severability: In the event that a court or agency of competent jurisdiction declares
a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties shall
negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either Party may apply to a court of competent jurisdiction to reform or reconstitute
the Franchise so as to recapture the original intent of said particular provision(s). All other
provisions of the Franchise shall remain in effect at all times during which negotiations or a
judicial action remains pending.
26.19 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition applicable
to such matters shall survive the expiration or termination of this Franchise to the extent such
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
48
survival can be reasonably inferred under the circumstances presented and to the extent such an
inference is necessary to prevent substantial injustice to an injured party.
26.20 Third‐Parties: The Parties do not create any obligation or liability, or promise any
performance to, any Third‐Party, nor have the Parties created any Third‐Party right to enforce
this Franchise beyond what is provided for by Laws. “Third‐Parties” are any party other than
Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of
any Third‐Party to either Party.
26.21 Time of the Essence: Whenever this Franchise sets forth a time for any act to be
performed, such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Franchise.
SECTION XXVII: Effective Date
This ordinance shall be in full force and effect five (5) days after publication of a summary
of this ordinance in the City’s official newspaper, and provided it has been duly accepted by
Franchisee. The summary shall consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
49
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1969:5/3/17:scr
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
50
UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above‐granted franchise, subject to
all the terms, conditions, and obligations of this Franchise.
DATED: _________________, 2017.
MCIMETRO ACCESS TRANSMISSION SERVICES,
LLC CORP. D/B/A VERIZON ACCESS
TRANSMISSION SERVICES
____________________________________
Robert F. McGee
____________________________________
Director Network Engineering & Operations
AGENDA ITEM # 8. l)
ORDINANCE NO. ________
51
Attachment 1
AGENDA ITEM # 8. l)
-v
EXECUTIVE DEPARTMENT -_��I/� CITY OF
---- Ren�on �
� M E M O R A N D U M
DATE: June 12, 2017
TO: Armondo Pavone, Council President
Members of the Renton City Council
FROM: Denis Law, Mayor
Jay Covington, Chief Administrative Officer
SUBJECT: Administrative Report
• Please join us tomorrow, Tuesday, June 13th, from 3:00 p.m. until 7:00 p.m. at the Piazza
Park in downtown Renton for the Renton Farmers Market. The market wilf be filled with
fresh flowers and a bounty of farm fresh produce every Tuesday from 3:00 p.m. until 7:00
p.m. through September 26th. In addition to market fare, shoppers will enjoy live music,
tips from Master Gardeners, cooking demonstrations, and children's activities. New this
season, we will have food trucks and live music from buskers each week at Market West!
And we are proud to continue our Fresh Bucks incentive program, which offers a dollar-for-
dollar match to be used on fresh produce for our SNAP shoppers. For more information,
check out our website at rentonfarmersmarket.com, or find us on Facebook!
• The city is in the process of updating its Bicycle and Trails Master Plan and is interested in
public input. Please join us for an open house on Tuesday,June 27th from 6:00 to 8:00 p.m.
at the Renton Senior Activity Center, 211 Burnett Avenue North, Renton, WA 98057.
Questions may be directed to Parks Planning/Natural Resources Director Leslie Betlach at
425-430-6619 or Transportation Planning Manager Vicki Grover at 425-430-7393.
• Join Renton Police Officers at one of the Coffee with a Cop events. The mission of Coffee
with a Cop is to break down the barriers between police officers and the citizens they serve
by removing agendas and allowing opportunities to ask questions, voice concerns, and get
to know the officers in your neighborhood. The next Coffee with a Cop will take place on
Wednesday, June 14th from 9:00 a.m. to 11:00 a.m. at Top Pot Doughnuts at The Landing,
(ocated at 815 North 10th Street, Suite F in Renton.
• Information about preventative street maintenance, traffic impact projects, and road
closures happening this week can be found at http://rentonwa.�ov/trafficimpacts.
Preventative street maintenance, traffic impact projects, and road closures will be at the
following locations:
✓ Monday,lune 12th, 7:00 p.m.to 10:00 p.m. Lane closures at the intersection of NE
12th Street and NE Sunset Boulevard for road paving. Questions can be directed to Pat
Miller at 206-794-6162.
Armondo Pavone,Council President �''
Members of Renton City Council
Page 2
June 12, 2017
✓ Monday,June 12th through Friday, lune 16th, 8:00 a.m.to 3:00 p.m. Southbound lane
closure on East Valley Highway at SW 41st Street for utility and roadway construction.
Questions may be directed to Tom Main at 206-999-1833.
✓ Monday,June 12th through Friday,June 16th, 8:30 a.m. to 3:30 p.m. The curb lanes
on North 3rd Street between Burnett Avenue North and Factory Avenue North will have
localized closures due to sidewalk panel replacement for the North 3rd Street Tree and
Sidewalk Project. Questions can be directed to Terry Flatley at 425-430-6600 or Todd
Freih at 206-999-1832.
✓ Monday,June 12th through Friday, June 16th, 8:30 a.m.to 3:30 p.m. Northbound lane
closure on Union Avenue NE near NE 27th Place due to utility construction. Questions
may be directed to Brad Stocco at 425-282-2373.
✓ Monday,June 12th through Friday,June 16th, 7:00 a.m.to 3:30 p.m. Additional truck
traffic and hauling will occur in the vicinity of Valley Medical Hospital retated to the
construction of the new parking garage. Questions may be directed to Tom Main at
206-999-1822.
✓ Monday,June 12th through Friday,lune 16th. Northbound and southbound nighttime
lane restrictions and closures along SR 167 and I-405 are scheduled this week related to
the t-405/SR 167 Interchange Direct Connector Project. More detailed information
about these restrictions and closures is available tonight on the back table. The
information outlines specific dates and times of the closure. Questions may be directed
to Craig Smiley, WSDOT I-405/SR 167 Corridor Communications, at 425-456-8624 or visit
the project website at
http�//www wsdot.wa.gov/Proiects/1405/SR1671CDirectConnector/.
✓ Monday,June 12th through Sunday,June 18th. Road closure on South 14th Street
between Smithers Avenue South and Davis Avenue South for utility construction.
Questions may be directed to Patrick DeCaro at 425-207-6013.
✓ Monday,June 12th through Sunday,June 18th. Lane closures due to road construction
for the 2nd and Main Capital Improvement Project. Questions can be directed to Keith
Wooley at 425-430-7318 or Mark Wetherbee at 206-999-1829.
✓ Monday,June 12th through approximately Thursday,June 15th. Street maintenance
crews will be repairing pavement in both directions along Taylor Avenue NW between
Renton Avenue South and NW 4th Street. Expect intermittent lane closures daily
Mondays through Thursdays between 7:00 a.m. and 4:30 p.m. Questions may be
directed to John Kalmbach at 425-766-6183.
✓ Friday,June 23rd, 10:00 p.m. through Monday,June 26th,4:30 a.m. SR 515 (Talbot
Road South) will be completely closed between the southbound I-405 off-ramp and the
northbound I-405 on-ramp.
-'" Armondo Pavone,Council President
Members of Renton City Council
Page 3
June 12, 2017
✓ Monday, June 12th through approximately Friday,June 30th. South 2nd Street, east of
and adjacent to the intersection of Main Avenue South and South 2nd Street, will be
closed for a period not to exceed two months. A map showing alternative routes
through this area is available tonight on the back table. Questions may be directed to
Keith Woolley at 425-430-7318.
✓ Monday,June 12th through approximately Friday,July 14th. The intersection of NE
10th Street and Harrington Avenue NE will be closed to accommodate construction of
the Sunset Neighborhood Park and surrounding area. A map showing alternative routes
through this area is available tonight on the back table. Questions may be directed to
Keith Woolley at 425-430-7318.
✓ Monday,June 12th through approximately Friday, luly 28th. Complete road closure of
Harrington Avenue NE, Sunset Lane NE, and Glennwood Avenue NE for approximately
one year to accommodate the Sunset Lane NE Roadway Improvements Project. Detours
are in place. Questions may be directed to Keith Woolley at 425-430-7318.
✓ Monday,June 12th through approximately August 31st. Expect some intermittent lane
closures in the Highlands as a result of the Highlands Sewer Main and Manhole
Rehabilitation Project, between NE Sunset Blvd and NE 4th Street, from approximately I-
405 to Monroe Avenue NE. Lining of the sewer mains is expected to be completed by
July 1st; however, rehabilitation of some manholes will continue through August 31st.
Questions may be directed to John Hobson at 425-430-7279.
✓ Monday,June 12th through approximately Friday, September 1st. The City of Kent will
be conducting a pavement rehabilitation project along 80th Avenue South between
South 194th Street and South 190th Street. This project is near the City of Renton
border. Lane reductions and/or closures may impact Renton residents. A map of the
affected area is available tonight on the back table. Questions may be directed to City
of Kent Pavement Manager Joe Araucto at 253-856-5664 or via email at
�araucto@kentwa.�ov.
✓ Monday,June 12th through Friday, September 29th. Full road closure on Harrington
between Sunset Lane NE and Harrington Avenue NE as well as a full road closure on
Harrington Avenue NE between NE 10th Street and Sunset Lane NE will be in place as
part of the Sunset Lane Capital Improvement Project. Questions can be directed to
Keith Wooley at 425-430-7318 or Mark Wetherbee at 206-999-1829.
✓ Monday,lune 12th through August 2018, 8:30 a.m. to 4:45 p.m. Additional
construction traffic due to the construction of Sartori Etementary School at the 300
block of Park Avenue North and Garden Avenue North. Questions may be directed to
Patrick DeCaro at 425-207-6013.