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Home My WebLink AboutFinal Agenda Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, May 7, 2018 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Affordable Housing Week - May 14 - 18, 2018 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 Council member. a) Approval of Council Meeting minutes of April 23, 2018. Council Concur b) AB - 2143 City Clerk reports the bid results from the April 11, 2018 bid opening for CAG - 18-002, N 27th Place Bridge Scour Repair project; and submits the staff recommendation to accept the bid and award the contract to SB Structures, LLC, in the amount of $444,783.22. Council Concur c) AB - 2142 Administrative Services Department recommends setting a public hearing date on May 21, 2018 to solicit public input on the preliminary 2019/2020 Biennial Budget development. Council Concur; Set Public Hearing on May 21, 2018. d) AB - 2145 Community & Economic Development Department requests authorization to hire a Construction Inspector at Step E of salary grade a21. Refer to Finance Committee e) AB - 2133 Police Department recommends partially closing streets most frequently used by illegal street racers on Friday and Saturday nights between 10:00 p.m. and 5:00 a.m. This includes closure of Oakesdale Ave SW between SW 16th St. and SW 41st St., and closure of SW 27th St. between Oakesdale Ave SW and Lind Ave SW. Refer to Public Safety Committee f) AB - 2140 Public Works Department requests authorization to overfill a Water Utility Instrumentations/SCADA Technician position for two months, June and July 2018, due to the incumbent's pending retirement. Refer to Finance Committee g) AB - 2134 Transportation Systems Division recommends adopting a resolution authorizing the temporary total closure of NE 31st St., from 150 feet east of the intersection of NE 31st St. and Jones Ave NE and ending 50 west of the driveway at 2100 NE 31st St., for up to 120 calendar days between June 18 and December 31, 2018, in order to construct the NE 31st St. Bridge Replacement project. Refer to Transportation (Aviation) Committee h) AB - 2135 Transportation Systems Division recommends adopting a resolution authorizing the temporary total closure of N 27th Pl, between 1140 N 27th Pl and 1161 N 27th Pl, for 90 calendar days between June 18 and December 31, 2018 to construct the N 27th Place Bridge Scour Repair project. Refer to Transportation (Aviation) Commi ttee i) AB - 2138 Transportation Systems Division recommends approval of Change Order No. 2 to CAG-17-167, with R.W. Scott Construction Company, in the amount of $301,669.82, in order to reconcile bid quantity variances for the Sidewalk Rehabilitation and Replacement and Street Overlay 2017 project. Council Concur j) AB - 2139 Transportation Systems Division recommends approval of an agreement with Otak, Inc., in the amount of $120,300, for preliminary design and permitting work for the May Creek Trail project; and recommends adoption of a resolution to enter into an interlocal agreement with the Washington State Department of Transportation regarding reimbursement of City costs related to this project. Refer to Transportation (Aviation) Committee k) AB - 2132 Utility Systems Division recommends approval of an agreement with Transpo Group USA, Inc., in the amount of $134,154.74, for the design of the fiber optic system for Kennydale Fire Station 15 and water reservoir. Refer to Utilities Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Sunset Multi -Service & Career Development Center b) Utilities Committee: Kennydale Lakeline Sewer System Evaluation - Condition Assessment Amendment 8. LEGISLATION Ordinances for second and final reading: a) Ordinance No. 5880: 2018 Carry Forward & First Quarter Budget Amendment (First Reading 4/23/2018) b) Ordinance No. 5881: Source of Income Discrimination (First Reading 4/23/2018) c) Ordinance No. 5882: Text Amendment Exception (First Reading 4/23/2018) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:30 p.m. - 7th Floor - Conferencing Center Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings 0DenisLawMayorProcCamation‘14)ñereas,allpeopleshouldhaveaccesstosafe,healthy,andaffordablehomeswithincommunitiesofopportunity;andWfiereas,studieshavefoundthateach$100increaseinmedianrentresultsina15%increaseinhomelessnessinmetroareasanda39%increaseinnearbysuburbsandruralareas;andWñereas,themostrecentPointInTimeCountfound1,102peopleinourcommunitysleepingoutdoorswithoutshelterinJanuaryofthisyear,and5,795familiesareconsidered“housinginsecure,”becausetheyarespendingmorethanhalfoftheirincomeonrentandutilities;andWfiereas,therewere506studentsidentifiedashomelessduringthe2015-2016schoolyearbytheRentonSchoolDistrict;andWfiereas,everyonebenefitsfromaffordablehousing,includingthepeoplewhoresideintheseproperties,theirneighbors,businesses,employers,andthecommunityasawhole;andWfiereas,theAssociationofWashingtonCitiesdeterminedthatenhancingeffortstoaddresshousingshortagesandaffordabilitywasacriticalpriorityforthe201$LegislativeSession;and‘14)fiereas,unitedinanefforttoraisepublicawareness,communitiesthroughoutKingCountyareparticipatinginlocalAffordableHousingWeekeffortstoinformthepublicofthecriticalneedtopreserveandincreaseaffordablehousinginourcommunities;andWfiereas,theCityofRentonendorsesthegoals,objectives,andpurposesofAffordableHousingWeek,andindoingso,recommitstoensuringthatourcommunitythriveswithopportunity,andthatallpeopleinitlivewithdignityinsafe,healthy,andaffordablehomes;Wow,tfierefore,I,DenisLaw,MayoroftheCityofRenton,doherebyproclaimtheweekofMay14-18,2018,tobe)lfforc(a6te7-[ousingWeekintheCityofRenton,andIencourageallcitizenstojoinmeinthisspecialobservance.InwitnesswftereqfIhavehereuntosetmyhandandcausedthesealoftheCitentontobeaffixedthis7thdayofMay,201$.DenisLaw,MayorCityofRenton,WashingtonRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a) April 23, 2018 REGULAR COUNCIL MEETING MINUTES MINUTES City Council Regular Meeting 7:00 PM ‐ Monday, April 23, 2018 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Ed Prince, Council President Randy Corman Ryan McIrvin Ruth Pérez Armondo Pavone Don Persson Carol Ann Witschi Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Jay Covington, Chief Administrative Officer Alex Tuttle, Assistant City Attorney Jason Seth, City Clerk Kelly Beymer, Community Services Administrator Gregg Zimmerman, Public Works Administrator Preeti Shridhar, Deputy Public Affairs Administrator Leslie Betlach, Parks Planning & Natural Resources Director Cliff Long, Economic Development Director Terry Flatley, Urban Forestry & Natural Resources Manager Commander Kevin Keyes, Police Department AGENDA ITEM #6. a) April 23, 2018 REGULAR COUNCIL MEETING MINUTES PROCLAMATION Arbor Day / Earth Day: A proclamation by Mayor Law was read declaring April 28, 2018 to be Arbor Day / Earth Day in the City of Renton, and encouraging all citizens to join in this special observance. Terry Flatley, Urban Forestry & Natural Resources Manager accepted the proclamation with appreciation. MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADDED PROCLAMATION JAY COVINGTON DAY: A proclamation was read by Council President Ed Prince declaring April 23, 2018 to be Jay Covington Day in the City of Renton, and encouraging all citizens to join in this special observance. Mr. Covington accepted the proclamation with appreciation. He thanked the Mayor and Council, former Councilmembers and Mayor in attendance, and city staff for the opportunity to serve them and the residents of Renton for the past 28 years. MOVED BY PRINCE, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADMINISTRATIVE REPORT Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2018 and beyond. Items noted were:  The Solid Waste Utility is launching the “Bring Your Own Bag (BYOB)” campaign in efforts to reduce plastic bag use and litter throughout the city. The public is encouraged to bring reusable bags when shopping and complete an online survey about plastic bag use. The survey is available at rentonwa.gov/plasticbag through June 6th. Questions may be directed to Solid Waste Senior Program Specialist Jina Kim at Jkim@rentonwa.gov or by calling 425‐430‐7391.  Join Renton Police Officers at one of the Coffee with a Cop events. The mission of Coffee with a Cop is to break down 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, April 25th from 5:00 p.m. to 7:00 p.m. at Vince’s Coffee, 401 Olympia Avenue NE, Renton, WA 98056.  As the summer season approaches, these friendly reminders are meant to help make your outdoor experience more enjoyable for you and those around you: 1. The City of Renton’s ‘Park Rules and Regulations’ (RMC 2‐9‐8) and ‘Share the Trail’ brochure information are located on the City’s website at www.rentonwa.gov.  Dogs are not allowed at Coulon Memorial Beach Park or Kennydale Beach Park. At all other city parks and trails, dogs are allowed on 6’ leashes.  The Cedar River Dog Park is an ‘off‐leash’ site located along the Cedar River Trail and across from the Renton Community Center – 1500 Houser Way.  Pet owners, please obey the ‘Scoop Your Poop’ law throughout the city. AGENDA ITEM #6. a) April 23, 2018 REGULAR COUNCIL MEETING MINUTES  Obey the reduced speed limits and dismount zones that are posted along the Cedar River Trail.  Trail etiquette for all users is included in the City’s ‘Park Rules and Regulations’ and the ‘Share the Trail’ brochure. 2. Call 9‐1‐1 in case of an emergency or to report suspicious or dangerous behavior. 3. The Community Services web page includes a directory of parks and trails, trail maps, self‐guided walk brochures, picnic shelter rental information, proposed development projects, and more! 4. Park Maintenance Staff maintain and improve the City’s developed parks and trails, and also act as customer service representatives to the public. 5. Volunteer Trail Rangers patrol the Cedar River Trail and Coulon Park from May‐ September and serve as ‘Goodwill Ambassadors’ by assisting with trail education and reporting unwanted activity. 6. Comments, suggestions, and questions are always welcome.  Visit the beautiful parks in the City of Renton, walk along the beautiful Cedar River Trail, or enjoy natural areas such as the Black River Riparian Forest. You will be amazed at the natural beauty near your own backyard!  Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS  Reverend Bianca Davis‐Lovelace, Renton, noted she is the Executive Director of REACH (Renton Ecumenical Association of Churches) and thanked Mr. Covington and the City for their long‐time support of REACH. She explained REACH's mission of providing low‐income and homeless families meals and shelter. She also noted that Mr. Howard McOmber suffered a recent health issue otherwise he too would have been in attendance to express his appreciation to Mr. Covington and the City. Mayor Law asked Rev. Davis‐Lovelace to let Mr. McOmber know the City wishes him well. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of April 16, 2018. Council Concur. b) AB ‐ 2124 Utility Systems Division recommended approval of Amendment No. 1 to CAG‐17‐ 104 with Carollo Engineers, Inc. for $526,510 for the implementation of Phase 2B for the Kennydale Lakeline Sewer System Evaluation. Refer to Utilities Committee. c) AB ‐ 2131 Community Services Department recommended authorizing payment to Sunset Air, in the amount of $253,737.96, for the purpose of an energy audit and replacement of lighting and obsolete kitchen equipment; and authorize payment to the Washington State Department of Enterprise Services, in the amount of $23,800, for conservation project management and monitoring services on this particular project. Refer to Finance Committee. MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. AGENDA ITEM #6. a) April 23, 2018 REGULAR COUNCIL MEETING MINUTES UNFINISHED BUSINESS a) Finance Committee Chair Persson presented a report concurring in the staff recommendation to approve an amendment in the 2017/2018 Budget appropriations in the amount of $81,141,977 with the total amended budget to be $645,488,253 for the biennium. The Committee further recommended that the ordinance regarding the 2018 Carry Forward and 1st Quarter Budget Amendment be presented for first reading. MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair Persson presented a report concurring in the staff recommendation to authorize staff to offer Marc Gordon the Senior Finance Analyst (grade m25) position, Step D, effective April 24, 2018. MOVED BY PERSSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair Persson presented a report concurring in the staff recommendation to approve the following claims and payroll vouchers: 1. Accounts Payable – total payment of $6,480,282.11 for vouchers 364597‐364598, 364610‐364905; payroll benefit withholding vouchers 5783‐5793, 10063‐10064 and 364599‐364609. 2. Payroll – total payment of $1,384,740.59 for payroll vouchers which includes 654 direct deposits and 9 checks (March 16‐31 2018 pay period). 3. Kidder Mathews – total payment of $118,308.55 for vouchers 1329‐1330 and 5620‐5636. MOVED BY PERSSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee Chair Persson presented a report concurring in the staff recommendation to approve the Amendment No. 6 to CAG‐16‐129 with The City of Seattle Office of Sustainability and Environment to accept additional FINI Grant Funding for 2018 (net increase of $21,095.57 for a total of $36,406.77), to fund an incentive program for shoppers using their Supplemental Nutrition Assistance Program (SNAP) benefits. MOVED BY PERSSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Ordinances for first reading: a) Ordinance No. 5880: An ordinance was read amending the City of Renton fiscal years 2017/2018 biennial budget as adopted by Ordinance No. 5824 and thereafter amended by Ordinance Nos. 5835, 5850 and 5864, in the amount of $81,141,977. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. b) Ordinance No. 5881: An ordinance was read amending Chapter 6‐32 of the Renton Municipal Code, expanding fair housing regulations prohibiting property owners and property managers from discriminating against tenants or potential tenants on the basis of participation in any federal, state or local government, private nonprofit, or other housing assistance programs, and providing for severability and establishing an effective date. AGENDA ITEM #6. a) April 23, 2018 REGULAR COUNCIL MEETING MINUTES MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. c) Ordinance No. 5882: An ordinance was read adding Section 1‐2‐3 to the Renton Municipal Code, allowing the City Clerk to make nonsubstantive corrections to ordinances, and amending subsection 4‐8‐080.G and Section 4‐9‐025 of the Renton Municipal Code, amending the review process for Title IV amendments to allow purely administrative or procedural amendments to advance directly to Council, and providing for severability and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. Councilmember Corman requested an email he received from Debra Rogers regarding the harvesting of 28 acres of timber on Cougar Mountain be forwarded to the Administration in order to provide City comments to the permit application prior to the comment period deadline. ADJOURNMENT MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADJOURN. CARRIED. TIME: 7:36 P.M. Jason A. Seth, CMC, City Clerk Jason Seth, Recorder Monday, April 23, 2018 AGENDA ITEM #6. a) Council Committee Meeting Calendar April 23, 2018 April 26, 2018 Thursday *4:00 PM Utilities Committee, Chair Witschi – Council Conference Room Kennydale Lakeline Sewer System Evaluation – Condition Assessment Amendment Emerging Issues in Utilities CANCELLED Planning & Development Committee, Chair McIrvin April 30, 2018 Monday Fifth Monday No Council Meetings May 7, 2018 Monday CANCELLED Transportation Committee, Chair Corman CANCELLED Community Services Committee, Chair Pérez 4:30 PM Finance Committee, Chair Persson – Council Conference Room 1. Sunset Multi-Service & Career Development Center * 2. Emerging Issues in Revenue Streams 5:30 PM Committee of the Whole, Chair Prince – Conferencing Center 1. King County “One Table” Presentation 2. Downtown Improvement Emphasis 3. Valley Racing Enforcement Emphasis *Time Change and Added Item Updated 4/24/2018 AGENDA ITEM #6. a) AB - 2143 City Council Regular Meeting - 07 May 2018 SUBJECT/TITLE: Contract Award: N 27th Place Bridge Scour Repair Project - CAG-18- 002 RECOMMENDED ACTION: Council Concur DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: Contract amount is $444,783.22. The total funding available for the construction phase of the project is $553,000. $108,000 of the $553,000 is already encumbered. However, there is sufficient unassigned funding ($576,831) in Fund 317 to cover any contingency if necessary. SUMMARY OF ACTION: Engineer's Estimate: $417,055.50 The City Clerk opened sealed bids for the N 27th Place Bridge Scour Repair Project, CAG-18-002, on April 11, 2018. Five bids were submitted. However, the apparent low bid from Active Construction, Inc., was determined to be Irregular and Non-Responsive for failure to submit adequate Good Faith Effort for documentation to explain their inability meet the Underutilized Disadvantaged Business Enterprise (UDBE) goal of 14% established for the project. Therefore, in accordance with Council procedures, the lowest responsible and responsive bid met the following three criteria: 1) There was more than one bid; 2) The lowest responsible and responsive bid was within budget; and 3) There were no irregularities with the lowest lowest responsible and responsive bid Therefore, staff recommends awarding CAG-18-002, N 27th Place Bridge Scour Repair Project, in the amount of $444,783.22, to SB Structures, LLC. EXHIBITS: A. Staff Recommendation B. Bid Tab STAFF RECOMMENDATION: Accept the lowest responsible and responsive bid from SB Structures, LLC, in the amount of $444,783.22, for the N 27th Place Bridge Scour Repair project. AGENDA ITEM #6. b) PUBLICWORKSDEPARTMENTMEMORANDUMDATE:May1,2018CITYOFRENTONTO:JasonSeth,CityClerkMAY012018FROM:BobHanson,TransportationDesigntVaper,x7223RECEIVEDSTAFFCONTACT:DerekAkesson,TransportationProjectMnager,x733T’CLERKSOFFICESUBJECT:N27thPlaceBridgeScourRepairProject—ConstructionContractCAG-18-002TheTransportationSystemsDivisionrecommendsthattheN27thPlaceBridgeScourRepairProjectconstructioncontractintheamountof$444,783.22beawardedtoSBStructures,CCC.P.O.Box68847,Seattle,WA98168.OnWednesdayApril11,2018theBidswereopened.Therewerefive(5)bidssubmittedfortheproject.ThebidsubmittedfromActiveConstruction,Inc.,theapparentlowbidder,wasdeterminedtobeIrregularandNon-ResponsiveforfailuretosubmitadequateGoodFaithEffortdocumentationtoexplaintheirinabilitytomeettheUnderutilizedDisadvantagedBusinessEnterprise(UDBE)goalof14%establishedfortheproject.Asaresult,thebidfromActiveConstruction,Inc.hasbeenrejected.ThebidsubmittedbySBStructures,CCChasbeendeterminedtobethelowestresponsiveandresponsiblebid.Todate,noneofthebiddershavefiledabidprotest.ThebidsubmittedbySBStructures,LLCwasovertheEngineer’sEstimateof$417.055.50,by$27,727.72.AllfivebidderswereovertheEngineer’sEstimate.Afteranalysisofthebids,wefeelthatthebidsubmittedbySBStructures,CLCisafairrepresentationofthecostoftheworkassociatedwiththisproject,giventhetimeconstraintsofthefishwindow,relativelysmallquantities,andthedifficultsiteconditions.TheCityhasbeenawarded$682,340inFederalHighwayAdministration(FHWA)fundingfordesign,right-of-wayacquisitionandconstructionofthisproject.Ofthatamount$493,419isfortheconstructionphase(constructioncontractandconstructionmanagement).TheCity’smatchispresently$59,581fortheconstructionphase(constructioncontractandconstructionmanagement).Therefore,thetotalfundingavailablefortheconstructionphaseispresently$553,000(constructioncontractandAGENDA ITEM #6. b) JasonSeth,CityClerkPage2of2May1,2018constructionmanagement).Ofthatamount,$108,000isencumberedforconstructionmanagement.Thatleaves$445,000fortheconstructioncontract.ThebidfromSBStructures,LLCis$444,783.22.Sodespitethebidbeingovertheengineer’sestimate,thereissufficientprojectbudgettocoverthedifference.However,thisassumesacontingencyof0%fortheconstructioncontract.Thereis$576,831inunassigned317fundbalancetocoveracontingencyforconstruction,shouldtheneedarise.Thefundswouldbeallocatedaspartofthesecondorthirdquarterbudgetadjustment,ifnecessary.Fornow,theTransportationSystemsDivisionisrequestingthattheCouncilawardthisconstructioncontracttoSBStructures,LLC.intheamountof$444,783.22.ThebidswerereceivedApril10,2018.Thecontractprovidesfor45calendardaysforaward.Therearethreeremainingcouncilmeetings(May7,May14andMay21)beforethatdeadlineisreached.ShouldtheCityfailtoawardthiscontractbyorbeforetheMay23,2018councilmeeting,theCitywillbeforcedtorebidtheproject.Thisrunstheriskofmissingthefishwindowfor2018.Missingthe2018constructionseasonwillresultinanincreaseintheCitymatchrequiredfortheFHWAgrant.ItwillalsoresultintheCityhavingtospendadditionalfundstoupdatethecontractdocumentstothe2018WSDOTstandardspecifications.Theconstructioncontractprovidesfortherepairoftheexistingstructurefoundationandinstallationofcountermeasurestopreventfurtherunderminingofthefoundation(spreadfootings)byKennydaleCreek.Theworkincludesbutisnotlimitedto:cleatingandgrubbing,excavation,grading,sheetpiledrivingandpropertyrestoration.Attachments:TIP#37BidTabulationsWSDOTconstructionfundingobligationletterdatedFebruary26,2018WSDOTprojectfundingletterdatedMay10,2017cc:GreggZimmerman,PublicWorksAdministratorJimSeitz,TransportationSystemsDirectorVangieGarcia,TransportationPlanningManagerHeatherGregersen,TransportationAdministrativeSecretaryIFileh:\filesys\ted-transpengrdesign\ted40-projects\03844n27thp1bridgescour\7000bidding\7300award\1-admin\memotocityclerk-recommendaardofcontractcag-18-002.docxAGENDA ITEM #6. b) ---—. TIP NO.37-NORTH 27th PLACE CULVERT SCOUR REPAIR m (j 0 I C -1 0z z p ‘.0 U N 27th P1 Culvert Scour Repair Functional Classification:N/A Fund:317 Proj.Length:Proj:122607CommunityPlanningArea:Kennydale TIP No.37 CONTACT:Derek Akesson 425.430.7337 DESCRIPTION:STATUS:As part of the Clover Creek development,a new street was constructed over Kennydale Creek.This project will A grant in the amount of $481,474 from the 2014 Bridge Federal Funding was awarded for thisprovidescourmitigationfortheN27thP1Culvert.This bridge is 20 feet long and is located on a residential street.project.A 10%match is required for preliminary engineering and right-of-way.No match isThemitigationconsistsofplacementofconcreteundertheexposedfooting,placement of streambed sediment required for construction if authorization is obtained by Sep 2018.and cobbles to armor the channel. JUSTIFICATION:CHANGES:The stream has scoured down to below one of the spread footings.A load rating and scour plan of action have Design underway. recently been done for this structure. Funded:1508,411 lUnfunded:IProjectTotalsProgrammedPre-2017 Six-Year ProgramITEMProgrammedSpentPre-2016 2016 Total 2017 2018 2019 2020 2021 2022EXPENSES: Planning I IPreliminaryEngineering100,937 4,157,96,780 i . - R-O-W (includes Admin)25,000 25,000 - Construction 270,000 243,000 27,000 27,000 I -Construction Services 112,474 101,220 11,254 11,254PPostConstructionServices TOTAL EXPENSES 508,411 4,157 466,000 38,254 38,ZS4i ISOURCEOFFUNDS:I !IVehicleFuelTax -Business &Occupation Share 416 416:I - Proposed Fund Balance 31,521 31,521 - --Grants In-Hand (Bridge)481,474 3,741 439,479 38,254 38,254 i -- -IGrantsIn-Hand (2) I ,--Mitigation In-Hand I -IWSDOTState(deducted from granj -5,000 -5,000 ]--Other In-Hand (1)I Other In-Hand (2) —I - Undetermined -TOTAL SOURCES{508,411 4,157 466,000 38,254 38,2541 I I City of Renton I 2017-2022 Transportation Improvement Program 67 AGENDA ITEM #6. b) RIDTABULATIONS•0?PROJECT:N27THPLACEBRIDGESCOURREPAIRtNoteBidItemActoeConotmction,InchashoerdeterminedtoLAIrreoularAndNOR-ROSPOROIVRandhasbeenrejectedRIDSATE:TUESDAT,APRIL102018NoteSRItmenums,LLCbrditemamountatdtotalbidamouttshowtintedcottectodpotSpoo:alProdoionSectiont-o31BIDOPENING:WEDNESDAO.APRIL11,2018“NoteMaooata,leetotalbidamountshomrinmdootrootodpetSpecialPmooioiorSection1031__N27thPlaceBridgeScootRepairProjectBidTabulationsTCD4TT3R44Pagelot12018AGENDA ITEM #6. b) WashingtonStateTransportationBuildingDepartmentofTransportationSEOlympia,WAg85o4i3on360-1O57000flY:1-800633-6388Febrtiary26,2018wvw’sdoIwa.gouMr.JimScitzPublicWorksAdministrator—TransportationCityofRenton1055SouthGradyWayRenton,Washit1tOfl98057-3232CityofRentonN27PlaceBridgeBHOS-1070(010)FUNDAUThORIZATIONWehavereceivedFHWAfundauthorization.effectivefebruary22,2018,forthisprojectasfollows:PHASETOTALFEI)ERALSHAREConstruction$553.OOt)$493,419Thefollowingarerequiredtoensurecompliancewithfederalandstaterequirements:•Advertisementoftheprojectwithinsixweeksolconstructionauthorization.•SubmittheAwardDatatotheRegionLocalProgramsEngineerpriortoconstructionstart.•Showcontinuousprojectprogressthroughmonthlybillings,untiltheprojectiscomplete.Failuretoshowcontinuouspt-ogressmayresultintheprojectbecominginactiveper23CFR630.106(a)(5)andsubjecttodc—obligationofallfederalfundsandagreementclosure.EnclosedforyourinformationandfileisafullyexecutedcopyofSupplementNumber2toLocalAgencyAgreementLA-8718betweenWSDOTandyouragency.Allcostsexceedingthoseshownonthisagreementarethesoleresponsibilityofyouragency.All)’costsincurredaftertheProjectAgreementEndDtttes/rnwitontlic’supplementtireiwlc’hgtb/cforfetkrctlreimbursement.Inuddlition,alleligiblecostsincurredprwrtothc’fitciDatemustbebilteftwit/iinninet’(90)tlul’,5oftheEmit!Dateortheytireineligiblefor/ederalreimbursement.Inaddition,thissupplementmodifiesyourP1hindstoatotalof$209,912($188,921federalshare).YoumayproceedwiththeadministrationofthisprojectinaccordancewithourWSDOTapprovedCertificationAcceptanceagreement.ST:jg:sasEnclosureRECEIVEDFEF123Transpa’tationSystemsDivManager.ProgramManagementLocalProgramscc:MehrdadMoini,NorthwestRegionLocalProgramsEngineer,MSNB82-12IAGENDA ITEM #6. b) WashingtonStateTransportaonA’enueSFDepartmentofTransportation47300Olympia,WA98504-7300360-705-7000flY1-800-833-6388wv.wwsdot.wagovMay10,2017Mr.JimSeitzPublicWorksAdministrator-TransportationCityofRenton1055SouthGradyWayRenton,Washington98057-3232N27thPlaceBridgeScourRepairBHOS-1070(01O)ProjectFundingIncreaseDearMr.Seitz:ThisletterisinresponsetoyourletterdatedMay1,2017,requestingadditionalfederalfundingfromtheBridgeProgramduetoupdatedconstructioncosts.AfterconsiderationoftheinformationpresentedanddiscussionswithyourRegionLocalProgramsEngineer,thefollowingincreaseisgranted.federalfundsforyourprojecthavebeenincreasedto$682,340.forthepreliminaryengineeringphasethesefundsareavailableat90percentfederalshareandconstructionphase,ifauthorizedbySeptember30,2018,thesefundsareavailableat100percentfederalshareforeligiblecosts.Shouldyouhaveanyquestions,pleasecontactMehrdadMoini,yourRegionLocalProgramsEngineer,at(206)440-4734.ST:acStephanieInterimDirectorLocalProgramsDivisioncc:MehrdadMoini,NorthwestRegionLocalProgramsEngineer,MSNB82-121AGENDA ITEM #6. b) Project:N27thPlaceBridgeScourRepairProject-CAG-18-002DueDate:April10,2018OpeningDate:April11,2018CITYOFRENTONBIDTABULATIONSHEETFORMSBidTotalfromBidderPropSchedNon-FedUDBERecyledAddenBidUDBEWageScheduleofPricesPriceCoilCertCertMaterialsSigPgBondConfCamp*lncludesSalesTaxActiveConstruction,Inc.P.O.Box430PuyallupXXXXXXXXXX$431,665.00WA98371DavidCeccantiRoadConstructionNorthwest,nc.P.O.Box22222RentonXXXXXXXXXX$590.904.00WA98052MatthewWagesterSBStructuresP.O.Box688473SeattleXXXXXXXXXX$444,333.22WA98168BobScarsellaEngineer’sEstimate$417,055.50AGENDA ITEM #6. b) Project:N 27th Place Bridge Scour Repair Project-CAG-18-002 Due Date:April 10,2018 Opening Date:April 11,2018 CITY OF RENTON BID TABULATION SHEET FORMS Bid Total from Bidder Prop Sched Non-Fed UDBE Recyled Adden Bid UDBE Wage Schedule of Prices Price Coil Cert Cert Materials Sig Pg Bond Conf Comp *Includes Sales Tax Massana,Inc. 4810 Pt.Fosdick Dr.Ste 237 4 Gig Harbor X X X X X X X X X X $612,832.00 WA 98335 Michael Keyser Quigg Bros.,Inc. P.O.Box 1707 5 Aberdeen X X X X X X X X X X $462,741.00 WA 98520 Peter Ewen Engineer’s Estimate $417,055.50AGENDA ITEM #6. b) AB - 2142 City Council Regular Meeting - 07 May 2018 SUBJECT/TITLE: Establish Public Hearing Date for 2019/2020 Biennial Budget Public Input RECOMMENDED ACTION: Council Concur; Set Public Hearing on XX/XX/XXXX DEPARTMENT: Administrative Services Department STAFF CONTACT: Jamie Thomas, Fiscal Services Director EXT.: 6929 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: In compliance with RCW 35A.34, this agenda bill requests Council to set a date of May 21, 2018, and place for a public hearing. This hearing is to solicit public input on the preliminary 2019/2020 biennial budget development. EXHIBITS: STAFF RECOMMENDATION: Set a public hearing date of May 21, 2018 to solicit public input on the preliminary 2019/2020 Budget development. AGENDA ITEM #6. c) AB - 2145 City Council Regular Meeting - 07 May 2018 SUBJECT/TITLE: Compensate Althea Bradshaw as a Construction Inspector at Step E of Grade a21 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development STAFF CONTACT: Brianne Bannwarth, Development Engineering Manager EXT.: 7299 FISCAL IMPACT SUMMARY: The Construction Inspector position was that left vacant from Mark Wetherbee's resignation in November 2017 was budgeted at Step E for the 2018 budget year. This request creates no additional increase in the Construction Inspector Salaries and Wages line item. SUMMARY OF ACTION: Althea is a talented professional with nearly thirty years of experience working in the civil engineering field, twelve of those years performing civil inspections. Althea holds a Bachelor’s degree in Civil Engineering from Florida International University. Through the interview process, Althea stood out as the best candidate for the Construction Inspector position. If hired, she would bring to the City of Renton an experienced employee who would provide quality service to the community. It is our opinion that we will not be able to find an individual more suited by background, skills, and abilities to fill this position than Althea Bradshaw. Althea will replace Mark Wetherbee who resigned in November 2017. Mark was budgeted at Step E for the 2018 budget year. This request for Althea creates no additional increase in the Construction Inspector Salaries and Wages line item. EXHIBITS: STAFF RECOMMENDATION: Authorize compensation for Althea Bradshaw as a Construction Inspector at Step E of Grade a21 effective May 16, 2018. AGENDA ITEM #6. d) AB - 2133 City Council Regular Meeting - 07 May 2018 SUBJECT/TITLE: Illegal Street Racing Control - Ongoing Street Closures RECOMMENDED ACTION: Refer to Public Safety Committee DEPARTMENT: Police STAFF CONTACT: Chad Karlewicz, Commander EXT.: 7640 FISCAL IMPACT SUMMARY: $10,000 to purchase signage, barricades, and a trailer needed to accomplish the street closures. SUMMARY OF ACTION: In an effort to eliminate illegal street racing in Renton, the police department would like to close the streets most frequently used by illegal street racers on Friday and Saturday nights between 10:00 p.m. and 5:00 a.m. This will include the closure of Oakesdale Avenue SW between SW 16th Street and SW 41st Street, and the closure of SW 27th Street between Oakesdale Avenue SW and Lind Avenue SW. The Department also recommends that the Police Chief and/or Public Works Administrator be authorized to close intersections at night for no more than 12 hours pursuant to RCW 47.48.010 for street racing enforcement. EXHIBITS: A. Street Closure Traffic Control Plans STAFF RECOMMENDATION: Authorize road closures to prevent illegal street racing and authorize th e expenditure of $10,000 for the purchase of signage, barricades, and a trailer to accomplish the street closures. AGENDA ITEM #6. e) Av « .,d ._.ooz=u_.m._.moromcmmomEmd~>_nm_o‘ M.w_oz>_.40mm1C....2mr>m:. u._um._.ocmm_mzzmmumu>._.m<<a._.:w...\E20><mmso_wmn._._zm umonrmmoc._.:O2_._zo><mm<<. A.zmmom_oz10-»Emzom._.:moczoo>xmmo>rm._.m>_um_ooz41m mO_...._.Imamon._._._mm>mm_o>ommU=wm0.:ZQd.~>..._u_O._.OG3 >._.o>xmwu>_.m><mms\ms3...:m._.. ._._um.<>._.mNO>U<<><>20ow_<m<<><<<__.._.mmoozmuown<<_._.ImO>Uorowmuw_ozm. 3.5.!an ale.-s.Wu ??nxlq.91!! 15.5: n.n.:E:vI. n:.<omwmz._.oz 3!::....=.l...i= 40_um>omm sans!| 3:95 1 Ba.LEE.-. s?u-..aLluu4\ AGENDA ITEM #6. e) ..un...,.$,.r.,4..rxI-I.u.x ..,x. ._.m<<N141ma<<=._-mmno_s_u_.m_.mr<m>wm_o>omoO24.1mEmmaman I. . .I I.::.::._ 2 w.n.wm..z.:.«ea .r ono>xmmu>_.m4.ms~.:.:m._.<<_Fmmno_s_.:.u.mr<m>zx_o>omoozEmEmmamam ><mms.on_._zo><mms Nm_mz>_.3mm.2m_.>m_._.M.m_oz>_.3mm.2«C6: u.omaocmm_ozzmmomou_mmo.=zm._.m>.?nmocqxoz:20><m ms. 9>o_u_._._oz>rumaocmm_ozzmmamo>4ms93..Z.\_._zu><mms u_mmn.:zmumovrmEmmaozms3.:ma. 9zmmom_mzmomm>mdwoczums.M1:ma.:~>_"_u_nozEmEmma mamonm>mx_o>ummoimndzmumourm3mx:>._. o>xmwo>_.m><mms\ms9...:ma. mu...5'oneomwm2,8z4o_u.m>omm:23”| 513.15.mi15'(Ir:gm!» ?g | Wu.Eas.5..EF IasEH..nm:aLI2.‘awe:-..uI. AGENDA ITEM #6. e) 4.Smmduoczo._.m>mm_n<<__._-mmzmc?mnamum>nxm>m42.020w<<3...:m...._.>_._-25§>um_o<<_r_-mmorommo N._z..mxwm9._oz<<=v_.mmm._.>I..mom<>_uo_._omomzomm>_L.O<<_z0_zmmmmm>20mmmmmmM.._.m>_um_o<<_E:mmmm.u_mmQ.mo>—.OZ0m<<?mdm._. $.10’;.:..morommu>mm>1.0.»._.:owm:><_zmO.u1_O_>—.m:m_zmwm_zm_um.:..morommuu.>cu_._._oz>_.UW_.OC_uQ02zmmumo>._.m<<39.\EZU><mms.o_xmn.:zmvmovrm203.1 am?02C20><mas Pzmmum_mzmommoc._..._NOCZUo>xmmu>_.m._.x>mm_noz._.:m20.3.:mamO?.:._m u>zm_o>omm_u_mm9._zovmowrm._.O02...._.:m>mm>>._.o>xmmu>_.m><mm<<R<<_._zc E4:m._.. m.ZO_A4I_uZ_<mE><O?OC.3.m—N>Z_UWCOXV_»O_vm_.N._.<<<=._uWmOPOMMUW<82mm>20 >.85nrommom?z. an5!®asomEwz._.oz._.Ov.m>om_»sans”ll .I.a:<.ml1!.la.acne!» n., | :2...1.1. isWhy| !§E...._u.:EE.Hansen.1 ...5..m.....:re_| AGENDA ITEM #6. e) AB - 2140 City Council Regular Meeting - 07 May 2018 SUBJECT/TITLE: Request to Overfill Water Utility Instrumentations/SCADA Technician Position (Grade A19, Step C, 1.0 FTE) for Two Months RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Administration STAFF CONTACT: Gregg Zimmerman, Public Works Administrator EXT.: 7311 FISCAL IMPACT SUMMARY: The fiscal impact to overfill this position for the requested two months is as follows: Grade A19, Step A - $19,791 Grade A19, Step B - $20,342 Grade A19, Step C - $20,922 As a result of salary savings from vacancies that occurred earlier in the year there is sufficient budget in the Water Maintenance Section to cover the cost of the two-month overfill. SUMMARY OF ACTION: The Public Works Department’s SCADA Telemetry Technician will be retiring effective August 3, 2018. The incumbent has held this position in the city for 10 years. SCADA is the acronym for Supervisory Control and Data Acquisition, a computer program for operating and maintaining the city’s piped utilities. This position performs highly specialized electronic tasks required to operate, maintain, repair or update the city’s telemetry systems. The systems are used to monitor and operate the city’s water and sewer systems and pump stations, and to meter, record, analyze, control and indicate alarm failures. This position is also responsible for troubleshooting, modifying, repairing, calibrating and maintaining the following: 1. City control systems, consisting of computer, electronic, pneumatic and hydraulic systems and including the programmable logic controllers (PLCs) based control system. 2. Process control instrumentation and equipment. 3. Motor control center up to 480 volts. The city’s telemetry system is well beyond what is considered to be a common, “off-the-shelf” system. It is required these systems are fully functional without interruption 24 hours per day, seven days per week. These unique, complex systems are not typical systems and warrant the sharing of the incumbent’s knowledge with his successor to ensure seamless transfer and continued operation without system down time. Providing the opportunity for a successor to shadow the incumbent for training purposes for a period two months (from June 1-August 3) would ensure the city is able to continue to maintain the highest standards of health and safety in regards to water and sewer system operations. This position is also responsible for responding to AGENDA ITEM #6. f) emergency situations related to water and sewer systems and pump stations, some of which occur during off hours. EXHIBITS: A. Water Utility Instrumentations/SCADA Technician Job Description STAFF RECOMMENDATION: Authorize a two-month overfill of the Water Utility Instrumentations/SCADA Technician position for training purposes. The incumbent is scheduled to retire August 3, 2018. The anticipated start date of a successor is June 1, 2018. AGENDA ITEM #6. f) CityofRenton-ClassSpecificationBulletinPage1of3WaterUtilityInstrumentations/SCADA-_ClassCode:Technician8178BargainingUnit:AFSCME-Local2170CTTYOFRENTONSALARYRANGE$5,410.00-$6,595.00Monthly$64,920.00-$79,140.00AnnuallyJOBDESCRIPTION:JOBSUMMARY:Underthedirectionoftheassignedsupervisor,performallelectronictasksrequiredtooperate,maintain,repairorupdatetheCityofRenton’sTelemetrySystems.ThesystemsareusedtomonitorandoperatetheCity’swaterandsewersystem.Thesystemsareusedtometer,record,analyze,control,andindicatealarmfailures.Inspect,test,calibrateinstruments,troubleshootmalfunctionsandmakerepairsasneeded.OtherdutiesincludeoperatingandmaintainingTheCityofRenton’scomputerSupervisoryControlAndDataAcquisitionSystemprogram(SCADA).SUPERVISION:ReportsTo:WaterUtilityMaintenanceSupervisorSupervises:NoneJOBDUTIES/RESPONSIBILITIES:EssentialFunctions:•Maintain,update,reviewdesigndrawingsandmakerepairsontheCity’sSupervisoryControlandDataAcquisition(SCADA)computerforwaterandsewersystemoperations,andpumpstations.•Maintaininventoryofhardware/softwareandsoftwarelicenses.•Performavarietyoftechnicalsupportrelatedtotheinstrumentationandrelatedelectricalsystems,includingprocesscontrolinstrumentationsystems,programmablelogiccontrollers(PLCs),motorcontrolsandtelemetrysystems.•Determinesprioritiesandtroubleshootemergencysituationsrelatedtoequipmentfailureorprocessdowntime.•Troubleshoot,modify,repair,calibrateandmaintain:City’scontrolsystems(computer,electronic,pneumaticandhydraulic)°Processcontrolinstrumentation°Variousinstrumentationandcontrolequipment,including,butnotlimitedto,transducers,timers,switches,sensors,transmitters,monitors,recorders,detectors,flowmeter,signalconditioners,annunciatorsandcontrollersoProgrammablelogiccontrollers(PLCs)basedcontrolsystemMotorcontrolcenterupto480voltshttps://agency.governmentjobs.com!rentonwaldefault.cfm?actionspecbulletin&ClassSpe...04/25/2018AGENDA ITEM #6. f) CityofRenton-ClassSpecificationBulletinPage2of3•Prepareandmaintainavarietyofrecordsandreports,includingcalibrationhistoryoninstrumentationandtestequipment,maintaintechnicalmanuals,drawingandschematicsforSCADAandequipment.•Respondtoemergencyandoff-hourssituationsasrequired;administerfirstaidasneeded.•Remaincurrentwithrelevanttechnologicaladvancementsasitrelatestofield.•Maintainregular,reliable,andpunctualattendance;workeveningand/orweekendhoursasrequired(overtimeeligibilitypursuanttocollectivebargainingagreement);abilitytotravelasrequired.StandardFunctions:•Performsystemsanalysisfornewandupgradedsystems,includingdocumentingsystems,proceduresandapplications.•Updatetechnicalandprogramdocumentation.Determineappropriateinventoryofsparepartsforcriticalinstrumentation.•Reviewblueprints,workordersandshopdrawingstofacilitatecoordinationofmaintenanceefforts.•Assistininspectionofinstrumentationinstalledbycontractors.Witnessandassessloopcommissiontesting.•Workwithoperationspersonnel,engineersandsupplierstoexplainthefunctioningofprocessandproceduresneededfortheoperationofnewequipment.•Operateandmaintainavarietyofspecializedtoolsandequipment,includingcomputerdiagnosticequipment,oscilloscope,signalsimulator,calibrators,solderequipmentandothers.•Performotherdutiesasassigned.EDUCATION,EXPERIENCE,ANDLICENSEREQUIREMENTS:•Anycombinationequivalentto:highschooldiplomawithatleasttwoyearsofcollegecourseworkinelectronicsorinstrumentation,andtwoyearsofprogressivelyresponsibleexperienceinSCADAsystem,maintenance,instrumentationandelectronicsor/andothertypesofelectronicequipmentrepairormaintenance.•Anassociatedegreeishighlydesirable.•PossessandmaintainaValidWashingtonStateDriver’sLicense•FirstAidCard•MustbeabletopassNIMSclassesgivenbyHomelandSecuritywithinoneyearinthisclassification.KNOWLEDGE,SKILLS,ANDABILITIESREQUIREMENTS:•Abilityto:oIdentificationofaproblem,developingandanalyzingasolution,andunderstandingtheconsequencesofaplannedsolution.oComputermaintenanceoftheSCADAcomputeandinstrumentation,includingprogramming,harddrives,communicationcardsandothersystems.oTheoperationoftheCity’sSCADAsoftwareandabilitytoprogramandtroubleshoot.oTroubleshootingcomputerbasedcommunicationissues.oSafelyoperatingpowertoolsandusingcustomaryhandtools.oEffectivelytroubleshootingequipmentusinglimiteddocumentationoWorkinginharshenvironmentsandinemergencysituationsDesigningormodifyingtechnicalpublicationsandinstrument/electricaldrawings.Applyingcodesandguidelinesinthedesign,installationandmaintenanceofallplantinstrumentation.oTheuseofelectricalandelectronictestequipment.oOperateacomputerandanyjobrelatedsoftware.oWorkingsafelyaroundelectrical,mechanicalandenvironmentalhazards.oEstablishingandmaintainingeffectiveinterpersonalrelationshipswithallorganizationallevels,customersandthepublic.https://agency.governmentjobs.com/rentonwaldefault.cfm?action=specbulletin&ClassSpe...04/25/2018AGENDA ITEM #6. f) CityofRenton-ClassSpecificationBulletinPage3of3oCommunications(oralandwritten)andinterpersonalskillasappliedtointeractionwithcoworkers,supervisors,thegeneralpublic,etc.sufficienttoexchangeorconveyinformationandtoreceiveworkdirection.oRespondtoemergencyandoff-hourssituations.oRemaincurrentwithemergingtechnologiesastheyrelatetofieldofspecialty.°Maintainregular,reliable,andpunctualattendance.Knowledgeof:°CurrenttechnologyrelatedtothecommunicationbetweenPLCs,SCADAsoftware,andadatabaseserver.oPLClogicfundamentals.oBasicmathematicsthroughfirstlevelcalculus(proportional,integral,derivativecalculations).oElectronic/electricalcircuitsandinstrumentationtestequipment.oLockOut/TagOutProceduresoPIDcontrolloops.°SolderingtechniquesoApplyingcodesandguidelinesindesigning,installing,andmaintainingallplantinstrumentation.WORKENVIRONMENT/PHYSICALDEMANDS:Workisperformedinofficeandfieldenvironments,inallweatherconditionsandrequirestheabilitytoperformheavyphysicallabor,liftobjectsweighingupto60pounds,andrespondtoemergencyandoff-hourssituations.CLASSIFICATIONDETAILS:EstablishedDate:January2008Revised:March2012OriginalTitle:https://agency.governmentjobs.com/rentonwa!default.cfm?action=specbulletin&ClassSpe...04/25/2018AGENDA ITEM #6. f) AB - 2134 City Council Regular Meeting - 07 May 2018 SUBJECT/TITLE: Temporary Total Closure of NE 31st Street RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Derek Akesson, Transportation Project Manager EXT.: 7337 FISCAL IMPACT SUMMARY: There is no fiscal impact to the City by adopting the resolution. SUMMARY OF ACTION: The NE 31st Street Bridge Replacement Project will replace a structurally deficient bridge with a new structure. The existing bridge carries residential traffic over May Creek, approximately 700 feet west of the intersection of NE 31st Street and Jones Avenue NE. I n order to remove the existing bridge and construct the new bridge, NE 31st Street must be completely closed starting from approximately 150 feet east of the intersection of NE 31st Street and Jones Avenue NE and ending at approximately 50 feet west of the driveway at 2100 NE 31st Street. There are five residences located on the east side of the bridge that will be affected by the street closure. One of the affected residences has an existing private driveway that connects NE 31st Street with NE 33rd Street. The City has secured a temporary access easement with this resident to allow affected residents to detour around the street closure. The temporary total street closure is anticipated to occur for a period of up to 120 calendar days between June 18 and December 31, 2018. EXHIBITS: A. Vicinity Map B. Street Closure Limits C. Resolution STAFF RECOMMENDATION: Adopt the resolution authorizing the temporary total closure of NE 31st Street starting from approximately 150 feet east of the intersection of NE 31st Street and Jones Avenue NE and ending at approximately 50 feet west of the driveway at 2100 NE 31st Street for up to 120 calendar days between June 18 and December 31, 2018 to construct the NE 31st Street Bridge Replacement Project. AGENDA ITEM #6. g) EXHIBIT A NE 31ST STREET BRIDGE REPLACEMENT PROJECT LOCATION AGENDA ITEM #6. g) EXHIBIT B NE 31ST STREET ‐TEMPORARY TOTAL CLOSURE AND DETOUR AGENDA ITEM #6. g) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE TEMPORARY TOTAL CLOSURE OF NE 31ST STREET BETWEEN 2100 NE 31ST STREET AND 3133 JONES AVE NE. WHEREAS, the City of Renton plans to replace a structurally deficient bridge that carries NE 31st Street over May Creek, approximately 700 feet west of the intersection of NE 31st Street and Jones Ave NE, with a new bridge; and WHEREAS, this construction activity will require temporary street closure along NE 31st Street, starting from approximately 150 feet east of the intersection of NE 31st Street and Jones Ave NE and ending at approximately 50 feet west from the driveway to 2100 NE 31st Street; and WHEREAS, pursuant to City Code section 9‐9‐3 the City Council is to authorize such closures by means of a Resolution; WHEREAS, the City wishes to provide full and adequate notice to the public of the extent and nature of such closure; NOW, THEREFORE, THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby authorize the temporary closure of NE 31st Street, from approximately 150 feet east of the intersection of NE 31st Street and Jones Ave NE to approximately 50 feet west from the driveway to 2100 NE 31st Street for up to 120 calendar AGENDA ITEM #6. g) RESOLUTION NO. ________ 2 days, anytime during the period of June 18, 2018, to December 31, 2018, to allow the City to demolish the existing bridge and construction the new bridge and associated appurtenances. PASSED BY THE CITY COUNCIL this _______ day of _________________, 2018. __________________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _________________, 2018. __________________________________ Denis Law, Mayor Approved as to form: __________________________________ Shane Moloney, City Attorney Date of Publication: ____________ RES:1768:4/24/18:scr AGENDA ITEM #6. g) AB - 2135 City Council Regular Meeting - 07 May 2018 SUBJECT/TITLE: Temporary Total Closure of North 27th Place RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Derek Akesson, Transportation Project Manager EXT.: 7337 FISCAL IMPACT SUMMARY: There is no fiscal impact to the City by adopting the resolution. SUMMARY OF ACTION: The North 27th Place Bridge Scour Repair Project will repair damage to the existing structure that carries North 27th Place over the Kennydale Creek. The creek has undermined the foundation. The project will repair the damage and install measures that limit and/or eliminate the potential for further erosion under the foundation. The structure is located in a deep ravine that is difficult to access. In order to construct the project North 27th Place must be completely closed between 1140 North 27th Place and 1161 Nort h 27th Place. This will allow heavy equipment to occupy North 27th Place for access to the site to remove and install materials. The project is located within the Clover Creek development. There are alternative routes for affected residents to use to travel around the street closure location. The temporary total street closure is anticipated to occur for a period of up to 90 calendar days between June 18 and December 31, 2018. EXHIBITS: A. Vicinity Map B. Street Closure Limits C. Resolution STAFF RECOMMENDATION: Adopt the resolution authorizing the temporary total closure of North 27th Place between 1140 North 27th Place and 1161 North 27th Place, for up to 90 calendar days between June 18 and December 31, 2018 to construct the North 27th Place Bridge Scour Repair Project. AGENDA ITEM #6. h) EXHIBIT A N 27TH PLACE BRIDGE SCOUR REPAIR PROJECT LOCATION AGENDA ITEM #6. h) EXHIBIT B N 27TH PLACE ‐TEMPORARY TOTAL CLOSURE AND DETOUR AGENDA ITEM #6. h) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE TEMPORARY TOTAL CLOSURE OF N 27TH PLACE BETWEEN 1140 N 27TH PLACE AND 1161 N 27TH PLACE. WHEREAS, the City of Renton plans to repair a culvert that conveys Kennydale Creek under N 27th Place, at the approximate address of 1150 N 27st Street; and WHEREAS, this construction activity will require temporary street closure along N 27th Place, between 1140 N 27th Place to 1161 N 27th Place; and WHEREAS, pursuant to City Code section 9‐9‐3 the City Council is to authorize such closures by means of a Resolution; WHEREAS, the City wishes to provide full and adequate notice to the public of the extent and nature of such closure; NOW, THEREFORE, THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby authorize the temporary closure of N 27th Place, between 1140 N 27th Place to 1161 N 27th Place for up to 90 calendar days, AGENDA ITEM #6. h) RESOLUTION NO. ________ 2 anytime during the periods of June 18, 2018 to December 31, 2018, to allow the City to repair the culvert. PASSED BY THE CITY COUNCIL this _______ day of _________________, 2018. __________________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _________________, 2018. __________________________________ Denis Law, Mayor Approved as to form: __________________________________ Shane Moloney, City Attorney Date of Publication: ____________ RES:1769:4/24/18:scr AGENDA ITEM #6. h) AB - 2138 City Council Regular Meeting - 07 May 2018 SUBJECT/TITLE: Change Order No. 2 to CAG-17-167 with R.W. Scott Construction Company for the Sidewalk Rehabilitation and Replacement and Street Overlay 2017 - SE 5th Street Project RECOMMENDED ACTION: Council Concur DEPARTMENT: Transportation Systems Division STAFF CONTACT: Hebe Bernardo, Civil Engineer EXT.: 7232 FISCAL IMPACT SUMMARY: The initial contract with R.W. Scott Construction Company was for $796,584.00. Change Order No. 1 increased the contract by $20,384.37 and Change Order No. 2 increases the contract by $301,669.82 for a total contract amount of $1,118,638.19. Sufficient funding is available in the Walkway Program budget (317.120009) to cover the cost of the project. SUMMARY OF ACTION: The City executed CAG-17-167 with R.W. Scott Construction Company in October 2017 for theSidewalk Rehabilitation and Replacement and Street Overlay Program 2017 – SE 5th Street Project. Change Order No. 1 for $20,384.37 (for Schedule B, the sidewalk portion of the project) was needed to process payment to R.W. Scott Construction Company for work completed in the field during project construction. This work included vegetation clearing, e xisting driveway demolition, installation and replacement of curb inlets, storm drain pipes, construction of ADA ramps, relocation of an irrigation system and the installation of hot-mix asphalt driveways. This change order was approved by the Public Works Department Administrator April 25, 2018. Change Order No. 2 for $301,669.82 ($234,536.28 for Schedule A, the overlay portion of the project and $67,133.54 for Schedule B) reconciles bid quantity variances that either overrun or underrun the original estimated amounts. This will increase the contract amount in order to pay the outstanding final pay estimate to the contractor. Sufficient funding is available in the Overlay Program budget (317.122108) to cover the $234,536.28 needed for Schedule A ($444,826.73 available from 2017 and $812,024.32 available from the 2018 budget for a total of $1,256,851.05). Schedule B is funded through the Sidewalk Rehabilitation budget (317.122801). An additional $125,446.72 is needed for Schedule B, which is available by reallocating $250,000 from the 2018 Walkway Program budget (317.120009). The remaining balance will be used for the 2018 Sidewalk Rehabilitation Project along Renton Avenue South between South 2nd Street and South Tobin Street. The required budge t amendment will be included in the next quarterly budget adjustment ordinance. AGENDA ITEM #6. i) EXHIBITS: A. CHANGE ORDER #2 TO CAG-17-167 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Change Order No. 2 to CAG-17-167with R.W. Scott Construction Company. A budget amendment of $250,000 from the Walkway Program to cover the remaining amount needed of $125,446.72 for Schedule B will be included in the next quarterly budget adjustment ordinance. AGENDA ITEM #6. i) CHG-ODR2017 H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\jwilhoit\walkways\2011contract\2011contractfollowon2015\Project Files Setup\700 Construction Admin-Project Control\715 Change Orders\715.3 SE5th Change Order\CO2\Change Order 2f.doc CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG-17-167 Sidewalk Rehabilitation & Replacement and Street Overlay 2017 – SE 5th Street C.O.# 2 CONTRACTOR: R.W. Scott Construction Company SUMMARY OF ADDITIONAL WORK: This Change Order is to reconcile quantities that are different than the original bid amount. This mainly was due to soft sports subgrade soils under in the entire SE 5th St roadway. See attached exhibit for the list of bid items that have varied in quantities (over or uncer) and the dollar amount. Total of change order: $301,669.82 ORIGINAL CONTRACT AMOUNT CURRENT CONTRACT AMOUNT ESTIMATED NET CHANGE THIS ORDER ESTIMATED CONTRACT TOTAL AFTER CHANGE $796,584.00 $816,968.37 $ 301,669.82 $1,118,638.19 ` SIGNATURES: Contractor: ____________________________________________________________________ Date: _______________ Project Engineer: _______________________________________________________________ Date: _______________ Approved By: __________________________________________________________________ Date: _______________ Bob Hanson, Transportation Design Manager Approved By: ___________________________________________________________________ Date: _______________ Gregg Zimmerman, PW Admininstrator Approved By: ___________________________________________________________________ Date: _______________ Denis Law, Mayor Attest: ___________________________________________________________________ Date: _____________________ Jason Seth, City Clerk AGENDA ITEM #6. i) AB - 2139 City Council Regular Meeting - 07 May 2018 SUBJECT/TITLE: Interlocal Agreement GCB 2890 Between the Washington State Department of Transportation and the City of Renton for Mitigation of Impacts to Section 4(f) of City Park Properties and Professional Services Agreement with Otak, Inc. and the City for Design and Permitting Services for the May Creek Trail Project RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Jim Seitz, Transportation Systems Director EXT.: 7245 FISCAL IMPACT SUMMARY: The Washington State Department of Transportation (WSDOT) will reimburse the City for all costs related to the preliminary design work and permitting for the May Creek Trail project currently estimated to cost $170,055.48. This amount includes $120,300 for a professional services agreement with Otak, Inc., which is included in this agenda bill. WSDOT will, at their cost, complete the design work and construct the trail as par t of the I-405 Renton to Bellevue project. SUMMARY OF ACTION: As part of WSDOT’s I-405 Renton to Bellevue Widening and Express Toll Lanes Project (Project), the Federal Highway Administration and WSDOT have identified two City park properties as qualifying for the preservation under Section 4(f) of the United States Department of Transportation Act of 1966 (49 USC 303) as a publicly owned park and recreation area. The properties impacted include areas within the May Creek Greenway plan that without mitigation would have been adversely affected by the Project. WSDOT and the City have agreed that the construction of a segment of the May Creek Trail project would mitigate the Project’s impacts. WSDOT is willing to pay for the design, permitting an d construction of a segment of the May Creek Trail to mitigate the Section 4(f) impacts, provided the City concurs that such work mitigates the impacts to a 4(f) de minimis impact (meaning the City agrees the use of the City property is generally minor in nature). The City has also agreed to provide WSDOT the preliminary design and permitting of the May Creek Trail segment provided that WSDOT reimburse the City for all costs associated with the work. EXHIBITS: A. Issue Paper B. ILA GCB 2890 D. Professional Services Agreement with Otak, In.c C. Resolution authorizing ILA with WSDOT STAFF RECOMMENDATION: AGENDA ITEM #6. j) 1. Authorize the Mayor and City Clerk to execute Interlocal Agreement GCB 2890 with WSDOT for the mitigation of impacts to section 4(f) City park properties located along the WSDOT I-405 Renton to Bellevue project corridor. 2. Authorize the Mayor and City Clerk to execute a professional services agreement with Otak, Inc. for preliminary design and permitting work for the May Creek Trail project. 3. Adopt the resolution authorizing Interlocal Agreement GCB 2890 with WSDOT. AGENDA ITEM #6. j) PUBLICWORKS DEPARTMENT MEMORANDUM DATE:April 26,2018 TO:Ed Prince,Council President Members of Renton City Council VIA:Denis Law,Mayor FROM:Gregg Zimmerma blic Works Administrator,ext.7311 STAFF CONTACT:Jim Seitz,Transportation Systems Director,ext.7245 SUBJECT:WSDOT lnterlocal Agreement GCB 2890 for Mitigation of Impacts to Section 4(f)City Park Properties and Professional Services Agreement with Otak,Inc.for Preliminary Design and Permitting Work for the May Creek Trail Project ISSUE: 1.Should Council authorize the Mayor and City Clerk to execute lnterlocal Agreement GCB 2890 with the Washington State Department of Transportation (WSDOT)for the mitigation of impacts to section 4(f)city park properties located along WSDOT’s I-405 Renton to Bellevue project corridor? 2.Should Council authorize the Mayor and City Clerk to execute a professional services agreement with Otak,Inc.for preliminary design and permitting work for the May Creek Trail project? 3.Should Council adopt the resolution authorizing lnterlocal Agreement GCB 2890 with WSDOT? RECOMMENDATION: 1.Authorize the Mayor and City Clerk to execute lnterlocal Agreement GCB 2890 with WSDOT for the mitigation of impacts to section 4(f)city park properties located along the WSDOT l-405 Renton to Bellevue project corridor. 2.Authorize the Mayor and City Clerk to execute a professional services agreement with Otak,Inc.for preliminary design and permitting work for the May Creek Trail project. 3.Adopt the resolution authorizing lnterlocal Agreement GCB 2890 with WSDOT. AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) ._u.N_._.Ol.0S..2:..o_mgmwbwemag...58::0£025:__mbmzmmuzwzBEmEm_aEou.v_o2u>w:oInew.:oumcEmm>>9.3Bcozumccoum5:5.xmw._U_>22wew_u_m5:39:m.co_m__m._u.§s:$.m<.scamm.__>w.ua_$.u>95:”m.__<E..mm._M<>1:.Q_Z{maCmmmommm..m<.__<><can32520._$OE2?ooxumn_z<.u.§§4._:_u2__‘_8mcm.Emw_uwa,....._._:_.:,.:k.__....::=:..:...r.xmw.u$0w_u_nLuzonCDuumtanéon.=M_u33-2352fun.ww.Eu:_.>>ucm=2»m:__.wum>>mzmmu.262cwwzawnxmw?mom_u_m55:co__m.amc_?_xw,wxo?qmvm.....__Ew.m{mmbcaou:_Ec:o_2._mm_..ou95.62u._m>w_:omcoumczmmz,9.3mzoazmbmnmmoao?I._._>>.uz_G_xw..,_¢¢Hw.m_umw..»<sx.....?su5%u._..:mE.w\.QKQEQ~cmwQQS.u.?m__m>23$.._<_>_~:.»_&._2mm_2w_u>u_m_u:a..w_:w_._:o:_9._AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) scA’Lg‘gNFEET‘__ \\‘‘ iaraldd am:used CITY OF RENTON #322,130 5.7!AC 45.125 IIBMS NAME CALC'D AREA TOTAL AREA RIW LT.REMAINDER RT.EASM'T TOTAL AREA IS FROM ASSESSGRS RECORDS REMAINDER IS BASED ON TOYAL AREA ALI.AREAS ARE SHOWN IN SQUARE FEET AND Rm YAKE (NOT CALCD AREA) SR 405 RENTON TO BELLEVUE EXPRESS TOLL LANES PARCEL NO.1—24345 1 13 mm 12:52:35 PM ,:\'m;Y ::usela x-ngV u.wszul a;:n\57H 2-7145-Plan Var‘Access ><ecrinq Sunnrhdgn RIGHT-OF-WAY TAKE REMNNDERAREA EASEMENT AREA C060 POINT ID PARCEL NUMBER AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) 100 200 SCALE IN FEET N -/;..a/?-‘'5,_,.—.__..«r:_—:"4 CITY OF RENTON v.i-.‘-2357,1352’ * \--.i‘).(X 2.875 NAME CALC'D AREA TOTAL AREA LT.EEMAINEEERT.EASMTRIW IPTUTALAREAIsFROMASSESSDRSRECORDS ALL AREAS ARE suown IN SQUARE FEET REMNNDER Is BASED ON TOTAL AREA AND ww MK:(NOT CALCTI AREA) RENTON TOR|GHT—OF-WAY TAKE REMAINDERAREA EASEMENT AREA COGO POINT |.D. PARCEL NUMBER 1/21/2018 10:19:05 AM sundjef c:\users\scmdjef\pw,wsdot\<101s746a\24456—PIan LLA_GCE 2asc.ngn SR 405 BELLEVUE EXPRESS TOLL LANES PARCEL NO.1—24496 AGENDA ITEM #6. j) S:S..nsI....§.....i...x!.I..n.1|...l§.Ei:a:....53.33...:...ti.l...l.\avat...aslaaies.§.5.2:3NE:.:.z.a...3:53.:3:.1.2..3:5;x3£lu.>,IAx..:u...n.I1.l1|.595.E4..51!III!N5:2..5.2...:..v...nu...L552.3....I3:.si.av...l:....2Isi..52.:,8...1!._§.i.la....I2.i.g.H..ia..:15I!5.22.ailsEtc:.5:.:3,5...,1::ii.I...1!uzuu?8.::5.2S.m.:<E_o._H.m$:2:aE:523:,5.2;;5:mE992.5:2;«.55.EJ.5.3.E5.:$39..::..33.2.:3...‘_:z=Buz?.u_>.._.mE3.m.mD._..u_>.5can.m.zIB3Eu3__.w?.@<@§w2__-Z%l%mowmmwgwjwms3:6__m©>:@_rupwzmmllzcuumIll_u.:m<_u.az7mmsumW.Imduwml_lllllm.:w::._mat:1n__s/::_>8_mw.35m5..»>8_J.23.58232%.u...,:5.L1-..»L8_I.UN:3».>oo\£32_.I_?1mIL...,E§E.L.Q._/EEmu.Emu_SU._.£\./A,.E_.\\\../1»...._w@z§x_©_mm_E§gmmmg_>35J??ia..3..22$5asm..2mys./Imay//II1']'.|llllz.92....o.mmm”%+m.§_Maaau.Eg_““J5#6.".mo.mm+$w.Em..:.mw..NNw,ME55Eas_3%MM.z<._¢noazmV_____mmdmm.__F.zoEz:._m§5:;m:3{.8I.'uuu/_mmdmmfN8..F25_Z©.PZmEm__©>._1£©_?awE3..zéuqa._.:o><._EmzmNndum/_8..{,3H/3:5:Eavto_HmmxmqHHmH:xwommmmoo,8.5.€..«...:é.,..:..:...:s...5:......:..._.::4.E._.:2:..T...E:H::...E~4w=a’:4’u¥'c(Huu:auu\n-rnaph-x-.1-uman:ImmlrAGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) 1’. EXHIBIT5 -CONCEPTUAL TRAIL PLANS EIN a/\\/"savorLL N 9/\V M0[JLI'E?[/\] AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) EXHIBIT6 -Estimate of Cost -GCB 2890 Otak Fees Task Project Management Data Collection Preliminary Design Permitting/Support Documentation Direct Expenses/Subconsultant Addendum with Boardwalk,Geotech Report,and Variance Subtotal: City of Renton Staff Costs Position Hourly Rate Hours Associate Planner $64.38 40 Current Planning Manager $87.83 16 Subtotal: Land Use Permitting Fees Land Use Permit Shoreline Substantial Development Shoreline Variance (with addendum) Technology Fee (5%) Subtotal: PROJECT TOTAL: Fee S 8,800.00 S 18,000.00 S 47,000.00 S 43,000.00 S 3,500.00 S 40,000.00 5 160,300.00 Total Cost S 2,575.20 S 1,405.28 $3,980.48 Fee S 2,500.00 S 3,000.00 S 275.00 S 5,775.00 S 170,055.48 AGENDA ITEM #6. j) AGREEMENTFOR CITYOF RENTON MAY CREEKTRAIL EXTENSIONPROJECT THIS AGREEMENT,dated April 24,2018,is by and between the City of Renton (the ”City”),a Washington municipal corporation,and Otak,Inc.("Consu|tant”),an Oregon Corporation licensed in Washington.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 ofthe last date signed by both parties. 1.Scope of Work:Consultant agrees to provide design drawings and local permit support for a pedestrian trail extension from Jones Ave NE to the existing May Creek Trail west of Interstate 405,as specified in Exhibit A,which is attached and incorporated herein and may hereinafter be referred to as the ”Work.” Changes in Scope of Work:The City,without invalidating this Agreement,may order changes to the Work consisting of additions,deletions or modifications.Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in ExhibitA or as otherwise mutually agreed by the Parties. Time of Performance:Consultant shall commence performance of the Agreement pursuant to the schedu|e(s)set forth in ExhibitA.All Work shall be performed by no later than June 20,2018. Compensation: A.Amount.Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $120,300.00,plus any applicable state and local sales taxes.Compensation shall be paid based upon Work actually performed according to the rate(s)or amounts specified in ExhibitA.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 ExhibitA.Except as specifically provided herein,the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B.Method of Payment.On a monthly or no less than quarterly basis during any quarter in which Work is performed,the Consultant shall submit a voucher or invoice in a form specified by the City,including a description of what Work has been performed,the AGENDA ITEM #6. j) 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 ofthe voucher or invoice.If the Consultant's performance does not meet the requirements of this Agreement,the Consultant will correct or modify its performance to comply with the Agreement.The City may withhold payment for work that does not meet the requirements of this Agreement. C.Effect of Payment.Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D.Non-Appropriation of Funds.If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period,the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period,and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies. 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 ofsuch 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 oftermination,less all payments previously made.lfthe 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. Warranties And Right To Use Work Product:Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and PAGE2 or 10 AGENDA ITEM #6. j) AGENDA ITEM #6. j) 10. A.The Consultant is retained bythe City only for the purposes and to the extent set forth in this Agreement.The nature ofthe relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor,not employee.The Consultant,not the City,shall have the power to control and direct the details,manner or means of Work.Specifically,but not by means of limitation,the Consultant shall have no obligation to work any particular hours or particular schedule,unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement,and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided,however,that any contract so made by the Consultant is to be paid by it alone,and that employing such workers,it is acting individually and not as an agent for the City. B.The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial lnsurance Program,or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C.lfthe Consultant is a sole proprietorship or ifthis Agreement is with an individual,the Consultant agrees to notify the City and complete any required form ifthe 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. 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 competentjurisdiction 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. PAGE4 or 10 AGENDA ITEM #6. j) 11. 12. 13. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act,RCW Title 51,solely for the purposes of this indemnification.The Parties have mutually negotiated and agreed to this waiver.The provisions of this section shall survive the expiration or termination of this Agreement. 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. City of Renton Business License:The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwagov/cms/One.aspx?portalld=792274l&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register~mv—business Insurance:Consultant shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services,Professional Liability,Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence."Professional Services",for the purpose of this section,shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C.Workers’compensation coverage,as required by the Industrial Insurance laws of the State of Washington,shall also be secured. D.Commercial Automobile Liability for owned,leased,hired or non—owned,leased,hired or non—owned,with minimum limits of $1,000,000 per occurrence combined single PAGE5 or 10 AGENDA ITEM #6. j) 14. 15. 16. limit,if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City,beyond normal commutes. E.Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non—contributory primary basis.The City's insurance policies shall not be a source for payment of any Consultant liability,nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F.Subject to the City’s review and acceptance,a certificate of insurance showing the proper endorsements,shall be delivered to the City before performing the Work. G.Consultant shall provide the City with written notice of any policy cancellation,within two (2)business days of their receipt of such notice. Delays:Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control.When such delays beyond the Consultant's reasonable control occur,the City agrees the Consultant is not responsible for damages,nor shall the Consultant be deemed to be in default of the Agreement. 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. Notices:Any notice required under this Agreement will be in writing,addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party),and given personally,by registered or certified mail,return receipt requested,by facsimile or by nationally recognized overnight courier service.Time period for notices shall be deemed to have commenced upon the date of receipt,EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission.Email and telephone may be used for purposes of administering the Agreement,but should not be used to give any formal notice required by the Agreement. CITYOF RENTON OTAK,INC. Vanessa Dolbee,Current Planning Manager 1055 South Grady Way Renton,WA 98057 Phone:(425)430-7314 vdolbee@rentonwa.gov Nico M.Vanderhorst,PE,Principal 11241 Willows Road NE,Suite 200 Redmond,WA 98052 Phone:(425)822-4446 Nico.vanderhorst@otak.com Fax:(425)827-9577 PAGE6 or 10 AGENDA ITEM #6. j) 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. 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. 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. The Consultant is responsible to be aware ofand 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 ofthe 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. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. 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 PAGE7 or 10 AGENDA ITEM #6. j) 19. Consultant employs,sub-contracts,or otherwise assigns the responsibility to perform the Work,said employee/sub—contractor/assignee will acquire and or maintain such training,licensing,or certification. E.This is a non—exc|usive agreement and Consultant is free to provide his/herWork 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. Other Provisions: A.Approval Authority.Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B.General Administration and Management.The City's project manager is Vanessa Dolbee,Current Planning Manager.In providing Work,Consultant shall coordinate with the City's contract manager or his/herdesignee. 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/attachmentsto this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement.To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced,the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E.Governing Law.This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton.Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal,state,county and city laws,codes and ordinances. F.Joint Drafting Effort.This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the PAGE8 OF 10 AGENDA ITEM #6. j) other as a result of the preparation,substitution,submission or other event of negotiation,drafting or execution. .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. .Severability.A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement,which shall remain in full force and effect. Sole and Entire Agreement.This Agreement contains the entire agreement of the Parties and any representations or understandings,whether oral or written,not incorporated are excluded. 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. Third-Party Beneficiaries.Nothing in this Agreement is intended to,nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties,and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. Binding Effect.The Parties each bind themselves,their partners,successors,assigns, and legal representatives to the other party to this Agreement,and to the partners, successors,assigns,and legal representatives of such other party with respect to all covenants of the Agreement. .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. .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. PAGE9 or 10 AGENDA ITEM #6. j) IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON OTAK,INC. By:By: Denis Law Nico M.Vanderhorst,PE Mayor Principal Date Date Attest Jason A.Seth City Clerk Approved as to Legal Form Shane Moloney Renton City Attorney Contract Template Updated 04/10/2018 PAGE10 or 1D AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) AGENDA ITEM #6. j) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (“WSDOT”) FOR MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES LOCATED ALONG THE WSDOT I‐405 RENTON TO BELLEVUE PROJECT CORRIDOR. WHEREAS, the City and WSDOT are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, WSDOT is planning improvements to I‐405 between SR 169 and I‐90, known as the Renton to Bellevue Project (the “Project”); and WHEREAS, a portion of the Project abuts properties within the City’s jurisdiction that are owned by the City; and WHEREAS, the Federal Highway Administration and the State have identified two such properties, specifically described in the interlocal agreement, as qualifying properties under Section 4(f) of the United States Department of Transportation Act of 1966 (49 USC 303); and WHEREAS, a Section 4(f) use of a Section 4(f) property requires mitigation and compliance with processes specified by federal regulatory guidelines codified at 23 C.F.R. § 774; and WHEREAS, it is necessary to document the terms and conditions of said mitigation for the two Section 4(f) properties at issue in an interlocal agreement; WHEREAS, the City and WSDOT have negotiated the terms of a mutually agreeable interlocal agreement; AGENDA ITEM #6. j) RESOLUTION NO. _______ 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into the interlocal agreement with WSDOT entitled “Interlocal Agreement Between the Washington State Department of Transportation and the City of Renton for Mitigation of Impacts to Section 4(f) Properties Located Along the WSDOT I‐405 Renton to Bellevue Project Corridor” and designated by WSDOT as contract file number GCB 2890, which is attached hereto as Exhibit A and incorporated by this reference. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2018. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2018. ______________________________ Denis Law, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES.1754:4/25/18:scr AGENDA ITEM #6. j) RESOLUTION NO. _______ 3 EXHIBIT A INTERLOCAL AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF RENTON FOR MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES LOCATED ALONG THE WSDOT I‐405/SR 167 RENTON TO BELLEVUE PROJECT CORRIDOR AGENDA ITEM #6. j) GCB 2890 Page 1 of 9 GCB 2890 INTERLOCAL AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF RENTON FOR MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES LOCATED ALONG THE WSDOT I-405 RENTON TO BELLEVUE PROJECT CORRIDOR This Interlocal Agreement (Agreement) is made and entered into by the Washington Department of Transportation, an agency of the State of Washington (WSDOT), and the City of Renton, a Washington municipal corporation (CITY) (collectively, the CITY and WSDOT are the “Parties”). Recitals 1. The Parties have the authority to enter into this Agreement pursuant to chapter 39.34 RCW, the Interlocal Cooperation Act, wherein the legislature has authorized governmental units to make the most efficient use of their individual powers by enabling them to cooperate on a basis of mutual advantage for public benefit. Background 2. WSDOT is planning improvements to I-405 between SR 167 in Renton and NE 6th Street in Bellevue, known as the I-405, Renton to Bellevue Widening and Express Toll Lanes Project (the “Project”). 3. The Project’s Request for Proposals (RFP) is scheduled for issuance in November 2018, and the Project is expected to open to traffic in 2024. 4. A portion of the Project abuts properties within the CITY’s jurisdiction that are publicly owned. 5. In December 2017, the CITY acquired a portion of a property to be encumbered by the Project with a temporary construction easement. 6. The Federal Highway Administration and the State of Washington have identified two properties as qualifying for preservation under Section 4(f) of the United States Department of Transportation Act of 1966 (49 USC 303) as publicly owned park and recreation areas, as further described below. 7. The CITY’s two publicly owned Section 4(f) properties at issue are identified as follows: a. Area 1. The property referred to in this Agreement as “Area 1” is situated abutting and east of I-405, south of NE 43rd Street (if extended) and north of NE 40th Street (if extended). It is designated by King County as tax parcel 3224059010. WSDOT has designated the property as Parcel No. 1-24345 and has also referred to the property as the Fawcett Property. The property is depicted in Exhibit 1 hereto1 and described in Exhibit 2 hereto. 1 Exhibit 1 was referred to as “Attachment 1” in the Parties’ letter of intent discussed below. AGENDA ITEM #6. j) GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 2 of 9 b. Area 2. The property referred to in this Agreement as “Area 2” is situated abutting and west of I-405, north of N 40th Street (if extended). The property is comprised of portions of King County tax parcels 3224059043 and 3224059081 (as of November 27, 2017, but subject to change due to a lot line adjustment, CITY File No. LUA-17-000470, King County Recording No. 20171130900003). WSDOT has designated the property as Parcel No. 1-24496 and has also referred to the property as the Meadow Property. The property is depicted in Exhibit 3 hereto.2 8. A Section 4(f) temporary occupancy requires compliance with processes specified by federal regulatory guidelines codified at 23 C.F.R. § 774. Area 1 Mitigation (East of I-405; WSDOT Parcel Number 1-24345; King County APN 3224059010) 9. As of the date of this Agreement, WSDOT calculated Area 1 to be 322,130 square feet in area and proposes to take 45,225 square feet of Area 1 for right-of-way for the Project, which is 14% of Area 1. 10. The CITY acquired Area 1 using funding from two grants from King County’s Conservation Futures Levy Fund. Because WSDOT proposes to take a portion of Area 1 for the Project, a King County-City of Renton interlocal agreement (titled Interlocal Cooperation Agreement Between King County and the City of Renton Suburban City Open Space Acquisition Projects, executed on June, 5, 1990) (hereinafter, the “King County-City of Renton ILA”) requires that an appraisal be provided to King County valuing Area 1. WSDOT obtained an appraisal report, which was transmitted to King County. To date, King County has accepted the appraisal report as sufficient for the purposes of the King County-City of Renton ILA. 11. The CITY has included Area 1 within the May Creek Greenway plan; protects it for park, recreation, and waterfowl and wildlife refuge uses; considers the area to be a recreation and wildlife area of local significance; and has long-designated it as the location for a connector segment of the regional May Creek Trail, all of which qualify Area 1 as a Section 4(f) public park and recreation area. 12. Without mitigation, the Project would adversely affect the features, attributes, or activities qualifying Area 1 for protection under Section 4(f), and is a use of Area 1 under Section 4(f). 13. WSDOT and CITY agree that installing the CITY’s contemplated May Creek Trail connector segment would mitigate the Project’s impacts on Area 1 such that the Project would not adversely affect the features, attributes, or activities qualifying Area 1 for protection under Section 4(f). 14. WSDOT is willing to pay for the design, permitting, and construction of the May Creek Trail connector segment to mitigate the Section 4(f) impacts to Area 1; provided that the CITY concurs that such work mitigates the impacts to Area 1 to a 4(f) de minimis impact. 2 Exhibit 3 was referred to as “Attachment 2” in the Parties’ letter of intent discussed below. AGENDA ITEM #6. j) GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 3 of 9 Area 2 Mitigation (West of I-405 and south of May Creek; WSDOT Parcel No. 1-24496; King County APNs 3224059081 (portion) and 3224059043 (portion) (parcel numbers as of January 17, 2018)) 15. As of the date of this Agreement, WSDOT calculated Area 2 to be 357,673 square feet in area and proposes to encumber 2,878 square feet of Area 2 for a temporary construction easement, as shown on the Right of Way Plan, Exhibit 4, to facilitate construction of the Project. 16. In December 2017, the CITY acquired Area 2 from a private owner, Meadow Partners, LLC, which retains ownership of the parcel immediately south of Area 2, and the CITY has included Area 2 as part of the May Creek Greenway Plan, qualifying the acquired portion for Section 4(f) protection as a publicly owned park and recreation area. 17. A Section 4(f) temporary occupancy of Area 2 will occur. 18. WSDOT and CITY agree that limiting WSDOT’s use of Area 2 to a temporary construction easement and providing for post-construction restoration and the relocation of utilities located within Area 2 serving the parcel to the south, as specified in this Agreement, is not a Section 4(f) use triggering Section 4(f) mitigation and qualifies as a temporary occupancy under Section 4(f) guidelines. Letter of Intent 19. On November 3, 2017, the CITY delivered a letter of intent to WSDOT documenting the CITY’s understanding of WSDOT’s intent to mitigate the impacts to the two Section 4(f) properties, and the Letter of Intent provided that the Parties would subsequently enter into an interlocal cooperation agreement to formalize the Parties’ understandings and obligations. Now Therefore, in consideration of the mutual promises herein, and the attached Exhibits which are incorporated and made a part hereof, the Parties agree as follows: Agreement The CITY and WSDOT agree to comply with the terms of this Agreement. 1.0 Adoption of Recitals The foregoing recitals are adopted and incorporated herein as terms of this Agreement. 2.0 Area 1 Responsibilities 2.1 The CITY’s responsibilities 2.1.1 The CITY will conceptually design, provide design criteria and specifications, and permit (including environmental review) an eight-foot wide soft surface trail with accessory components (such as split rail trail fencing, sensitive areas signage, public access signs, benches, and other trail amenities) connecting from the existing soft surface May Creek Trail on the west side of I-405 and north of May Creek (on the property designated by King County as parcel number AGENDA ITEM #6. j) GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 4 of 9 3224059109) and extending underneath I-405 to the east and through Area 1 to Jones Avenue NE (the “Trail Segment”). The CITY's work to conceptually design, provide design criteria and specifications, and permit (including environmental review) the Trail Segment is hereinafter the “Work.” Attached to this Agreement as Exhibit 5 Conceptual Trail Plans (Exhibit 5) are preliminary, conceptual plans gathered by the CITY anticipating the Trail Segment’s approximate location and design. 2.1.1.1 The CITY will designate a CITY employee from the CITY’s Public Works Department or the Community and Economic Development Department as an internal project manager for the Work. 2.1.1.2 Due to CITY staffing and workloads, the CITY intends to engage a consultant to aid the CITY’s project manager in project management. The CITY will retain the authority to engage such a project manager consultant and to engage any other consultants for any portion of the Work, all at the CITY’s discretion. 2.1.1.3 The CITY will keep a record of all of its costs incurred to perform the Work, including the hourly cost value of the CITY’s project manager and any other CITY staff performing the Work. 2.1.1.4 No later than September 15, 2018, the CITY will deliver to WSDOT three (3) hard copies and an electronic copy of conceptual plans and specifications for the Trail Segment (Conceptual Trail Segment Plans). The Conceptual Trail Segment Plans will include, but not necessarily be limited to, conceptual alignment plans, cross sections, details, and construction requirements, to be incorporated into the Project’s RFP. The Conceptual Trail Segment Plans will reflect an approximately 30% design level. 2.1.2 For any local government permit administered by the CITY for the Trail Segment, the CITY will afford the public the opportunity to review and comment on the effects of the Project on the Section 4(f) resource. 2.1.3 The CITY will diligently pursue obtaining the necessary permits for the Trail Segment. It will pursue obtaining such permits as contemporaneously as possible to WSDOT’s RFP ad date (currently November 2018), but both the CITY and WSDOT acknowledge that the permit processes may not yet be complete by November 2018. As soon as the Trail Segment is fully permitted, the CITY will deliver to WSDOT three (3) hard copies and an electronic copy of any of the following types of plans and specifications associated with permits obtained by the CITY: alignment plans, cross sections, details, construction requirements, and scope(s) of work (collectively, the “Permitted Trail Segment Plans”). 2.1.4 Within ten (10) days after the execution of this Agreement, the CITY will submit to WSDOT written concurrence that installing the Trail Segment sufficiently mitigates the impacts to Area 1 such that a Section 4(f) De Minimis impact determination is appropriate. 2.2 WSDOT’s responsibilities AGENDA ITEM #6. j) GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 5 of 9 2.2.1 WSDOT acknowledges that it possesses property data (including environmental studies and assessments) that could aid the CITY in obtaining permits for the Trail Segment. WSDOT agrees that it will transmit all such property data to the CITY within ten (10) days after the execution of this Agreement. 2.2.2 WSDOT agrees it will reimburse the City of Renton for the portion of Area 1 acquired by the Project which was earlier acquired from King County by the CITY with grant funds. Upon King County’s written acceptance of the value of the take portion of Area 1, the State will reimburse the City of Renton for the change in use or status of Area 1 caused by the State’s take in an amount determined pursuant to the terms of the King County-City of Renton ILA. 2.2.3 WSDOT will secure a trail lease for the CITY’s Trail Segment within WSDOT right-of-way before WSDOT’s RFP ad date (currently November 2018). 2.2.4 WSDOT will incorporate the Conceptual Trail Segment Plans into the Project’s RFP. WSDOT will design (Engineer of Record), construct, and observe the construction of the Trail Segment (Trail Segment Construction) at WSDOT’s expense, as conceptually designed and permitted by the CITY as shown in the Permitted Trail Segment Plans. WSDOT will complete Trail Segment Construction no later than the completion date of the Project, which is planned for 2024. 2.2.5 When WSDOT determines that Trail Segment Construction is complete, WSDOT will deliver a written Notice of Physical Completion of Trail Segment Construction (Notice) to the CITY. 3.0 Area 2 Responsibilities 3.1 The CITY’s Responsibilities 3.1.1 The CITY will grant WSDOT a temporary construction easement over Area 2 to build temporary access to the southwest side of the new May Creek Bridge for construction. 3.1.2 Within ten (10) days after the execution of this Agreement, the CITY will provide WSDOT with a written statement that the CITY agrees that WSDOT’s proposed temporary occupancy of Area 2 is not a Section 4(f) use. 3.2 WSDOT’s Responsibilities 3.2.1 WSDOT will design, permit, relocate, and connect the existing utilities located within Area 2 that serve the parcel immediately to the south which is owned by Meadow Partners, LLC (or its heir, successor, or assign) to maintain existing or better service, with all work incurred and costs paid for by WSDOT. 3.2.2 WSDOT will restore Area 2 to original or better condition prior to completion of the Project. WSDOT acknowledges and agrees that mitigation for temporary impacts will be evaluated through the shoreline and critical areas permit(s) and AGENDA ITEM #6. j) GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 6 of 9 will likely address plant establishment and mitigation for tree impacts. All mitigation for temporary impacts will be at WSDOT’s cost. 4.0 Payment 4.1 WSDOT, in consideration of the faithful performance of the Work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related indirect cost of the Work as shown in Exhibit 6, Estimate of Cost GCB 2890 (Exhibit 6). WSDOT expressly acknowledges that the amounts stated in Exhibit 6 serve as an estimate. The CITY will closely monitor expenditures and will request additional authorization from WSDOT with justification before exceeding the total shown in Exhibit 6. 4.2 Partial payments shall be made by WSDOT, upon request of the CITY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. 4.3 WSDOT agrees to make payment for the work to be done by the CITY within thirty (30) days from receipt of the billing from the CITY. 4.4 The CITY agrees to submit a final bill to WSDOT within forty-five (45) calendar days after the CITY has completed the Work. 5.0 City Acceptance of the Trail Segment 5.1 Prior to acceptance of the Trail Segment Construction, the CITY and WSDOT will perform a joint final inspection. The CITY agrees, upon satisfactory completion of the Trail Segment Construction and receipt of the Notice, to deliver a letter of acceptance to WSDOT which shall include a release of WSDOT from all future claims or demands of any nature resulting from the performance of the Trail Segment Construction and WSDOT administration thereof, subject to any contractor claims caused by the negligent acts or omissions of WSDOT in administering the Trail Segment Construction. 5.2 If a letter of acceptance is not received by WSDOT within thirty (30) calendar days following delivery of the Notice to the CITY, the Trail Segment Construction and WSDOT administration thereof shall be considered accepted by the CITY, and WSDOT shall be released from all future claims and demands of any nature resulting from the performance of the Trail Segment Construction and WSDOT’s administration thereof, subject to any contractor claims caused by the negligent acts or omissions of WSDOT in administering the Trail Segment Construction. 5.3 The CITY may reasonably withhold its acceptance of the Trail Segment Construction by submitting written notification to WSDOT within thirty (30) calendar days following delivery of the Notice. The CITY’s notification shall include the reason(s) for withholding acceptance. 6.0 Right of Entry 6.1 The CITY acknowledges that WSDOT and its authorized agents, contractors, subcontractors, and employees, will require entry, from time to time, upon Area 1 and AGENDA ITEM #6. j) GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 7 of 9 Area 2 for the purpose of fulfilling its obligations under this Agreement. The CITY agrees to give reasonable right of entry upon receipt of WSDOT’s notice, which shall be given no less than one week prior to entry. 7.0 RELATIONSHIP TO EXISTING LAWS AND STATUTES 7.1 This Agreement in no way modifies or supersedes existing laws and statutes. In meeting the commitments encompassed in this Agreement, the Parties will comply with the requirements of the National Environmental Policy Act, the State Environmental Policy Act, Growth Management Act, Shoreline Management Act, Section 4(f) guidelines, permit requirements and conditions, and other applicable State or local laws. 8.0 EFFECTIVE DATE, DURATION, AND AMENDMENT 8.1 This Agreement shall be and continue in full force and effect and binding upon the Parties upon the execution of the Agreement. The Agreement shall endure until sixty (60) calendar days after the Parties have completed all of their respective obligations under Sections 2 and 3 of this Agreement. 8.2 This Agreement may only be amended in writing, and any amendment shall become effective only when each Party has duly approved a written amendment or addendum to this Agreement. 9.0 LEGAL RELATIONS 9.1 The provisions of this Agreement shall be administered by WSDOT for the State of Washington and by the Public Works Department for the CITY, with the CITY’s Community Services Department (as the land manager) supporting the Public Works Department. 9.2 Notice Notice to the CITY shall be sent to: Gregg Zimmerman, Public Works Administrator 1055 Grady Avenue South Renton, WA 98057 Telephone: 425.430.7311 Email: Gzimmerman@rentonwa.gov With a copy to: Leslie Betlach, Parks Planning and Natural Resources Director 1055 Grady Avenue South Renton, WA 98057 Telephone: 425.430.6619 Email: Lbetlach@rentonwa.gov Notice to WSDOT shall be sent to: Sean Quarrie, PE, Project Engineer 600 108th Ave NE, Ste 405 Phone: 425-456-8627 Email: QUARRIS@wsdot.wa.gov AGENDA ITEM #6. j) GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 8 of 9 All communications, including notices, regarding this Agreement shall be sent to the Parties’ representatives at the addresses listed above. Any written notice shall become effective upon (1) personal service or (2) three business days after the date of mailing by registered or certified mail and first-class mail, and shall be deemed sufficiently given if sent to the address stated in this Agreement, or to such other address as may be specified in writing by a Party. Telephone or e-mail communication, or both, is encouraged as supplemental notice, but shall not replace the preceding notice requirements. 9.3 Each Party shall protect and hold harmless the other Party, its officers, officials, employees, and/or agents from and against all claims, suits, or actions arising from an intentional or negligent act or omission of that Party, its officers, officials, employees, and/or agents while performing under the terms of this Agreement. In the event of a claim for damages of any nature whatsoever arising out of the performance of this Agreement caused by the concurrent intentional or negligent acts or omissions of the Parties, their officers, officials, employees, and/or agents, each Party shall provide its own defense and be liable for damages, costs, fees or other amounts only to the extent of its individual acts or omissions that are the basis for the imposition of liability or damages. The provisions of this Section shall survive the termination of this Agreement. 9.4 Any lawsuit or legal action brought by either 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. 10.0 NO THIRD PARTY BENEFITS 10.1 This Agreement is made for the sole benefit of WSDOT and the CITY and not for any third party’s benefit. 11.0 SEVERABILITY 11.1 If any provision of this Agreement or its application to any person or circumstance is held invalid, the remainder of the provisions and/or the application of the provisions to other persons or circumstances shall not be affected. 12.0 MISCELLANEOUS 12.1 No separate legal or administrative entity is created under this Agreement. 12.2 No joint financing structure or budget is hereby created under this Agreement. 12.3 No real or personal property will be acquired under this Agreement. 12.4 The Parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. 12.5 Both Parties recognize that time is of the essence in the performance of the provisions of this Agreement. AGENDA ITEM #6. j) GCB 2890 MITIGATION OF IMPACTS TO SECTION 4(f) PROPERTIES Page 9 of 9 12.6 Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of a breach of any provision of the Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the Parties, which shall be attached to the original Agreement. 12.5 This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the latest date written below. CITY OF RENTON WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By (signature): By (signature): Denis Law Kim Henry Mayor I-405/SR 167 Program Director Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: By (print): By (print): By (signature): By (signature): City Attorney Assistant Attorney General Date: Date: ATTEST: By (signature): Jason Seth, City Clerk Date: AGENDA ITEM #6. j) AB - 2132 City Council Regular Meeting - 07 May 2018 SUBJECT/TITLE: Agreement with Transpo Group USA, Inc. for Design of the Fiber Optic System for Kennydale Fire Station 15 and Water Reservoir RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Utility Systems Division STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Manager EXT.: 7210 FISCAL IMPACT SUMMARY: Funding for this agreement in the amount of $134,154.74 is available from the approved 2018 Water Utility Capital Improvement Program budget for the Kennydale 320 Reservoir Project (425.455606). The 2018 budget for the Kennydale reservoir project is $9.3 million, which includes the final design and construction of the new reservoir and related utility improvements. There is sufficient funding in the budget to cover this agreement. SUMMARY OF ACTION: The City’s Public Works and Administrative Services departments would like to extend the existing City-owned fiber optic network to provide telecommunication service to the new Kennydale Fire Station 15 and water reservoir. The Water Utility advertised for requests for proposals and statements of qualifications in accordance with City Policy 250-02, and selected Transpo Group USA, Inc. to perform professional engineerin g services for the preliminary design, final design and to provide services during construction of the fiber optic system to Kennydale Fire Station 15 and the water reservoir. Major elements of the work to be performed by Transpo Group USA, Inc. under th is agreement include: 1. Field inventory and condition assessment of the existing fiber network system. 2. Development of base maps. 3. Design of the fiber optic system from Logan Avenue North and Park Avenue North to the fire station and reservoir site. 4. Development of final plans and specifications for public bids. 5. Provide services during construction of the project. It is anticipated that the construction of the project will be completed by the end of 2018 before the operation of the new fire station. EXHIBITS: A. Agreement STAFF RECOMMENDATION: AGENDA ITEM #6. k) Execute the agreement with Transpo Group USA, Inc. in the amount of $134,154.74 for the design of the fiber optic system for Kennydale Fire Station 15 and the water reservoir. AGENDA ITEM #6. k) AGREEMENT FOR KENNYDALE FIBER OPTIC THIS AGREEMENT, dated May 1, 2018 is by and between the City of Renton (the “City”), a Washington municipal corporation, and Transpo Group USA Inc. (“Consultant”), a Washington Corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide field inventory and condition assessment of the existing fiber network system, the development of base maps, the design of the fiber optic system from Logan and Park Avenue to the Kennydale fire station and reservoir site, the development of final plans and specifications for public bids and to provide services during construction of the project per current design standards as set forth by : City of Renton Pre-approved plans, WSDOT Standard Specifications, WSDOT Standard Plans, WSDOT Design Manual, King County Surface Water Design Manual, MUTCD as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit D 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 C. All Work shall be performed by no later than January 31, 2019. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $134,154.74, 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 B. 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 D. 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. AGENDA ITEM #6. k) PAGE 2 OF 10 B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by AGENDA ITEM #6. k) PAGE 3 OF 10 the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for AGENDA ITEM #6. k) PAGE 4 OF 10 distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City 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. AGENDA ITEM #6. k) PAGE 5 OF 10 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 Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://rentonwa.gov/business/default.aspx?id=548&mid=328. Information regarding State business licensing requirements can be found at: http://dor.wa.gov/content/doingbusiness/registermybusiness/ 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any AGENDA ITEM #6. k) PAGE 6 OF 10 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. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. AGENDA ITEM #6. k) PAGE 7 OF 10 CITY OF RENTON Eric F. Ott, Project Manager 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7313 eott@rentonwa.gov Fax: (425) 430-7295 CONSULTANT Kevin Collins, P.E., Principal 12131 113th Ave NE #203 Kirkland, WA 98034 Phone: 425-821-3665 Kevin.Collins@transpogroup.com Fax: - 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: AGENDA ITEM #6. k) PAGE 8 OF 10 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 perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Eric F. Ott. 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 AGENDA ITEM #6. k) PAGE 9 OF 10 body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. AGENDA ITEM #6. k) PAGE 10 OF 10 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. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Denis Law Mayor Kevin Collins, P.E Principal _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form _____________________________ Shane Moloney Renton City Attorney Contract Template Updated 12/29/2017 AGENDA ITEM #6. k) Exhibit A: Scope of Work Client Name: City of Renton Project Name: Kennydale Fiber Optic Project Exhibit Dated: April 2nd, 2018 TG: 1.18032.PR Introduction The proposed scope of work detailed below is based on discussions with the City of Renton (City) during the scoping meeting held on March 15th, 2018. This scope of work consists of preparing Plans, Specifications, and Estimate (PS&E) documents and construction support services for the fiber optic communications expansion from Logan Ave/Park Ave intersection to the Kennydale Fire Station and Water Reservoir site. Design Standards and References Design standards for this project will be based on the listed standards:  City of Renton Pre‐Approved Plans  WSDOT Standard Specifications  WSDOT Standard Plans  WSDOT Design Manual  King County Surface Water Design Manual  MUTCD Scope of Work The following presents Transpo’s (consultant) general work program for PS&E design and construction support services. The proposed work scope includes the following four primary work elements: Task 1 – Project Assessment Task 2 – Fiber Optic Design Task 3 – Construction Support Services Task 4 – Project Administration Extra Services (currently not included in this scope of work) include Surveying, Geotechnical Engineering, Environmental NEPA/SEPA Support Services, Right‐of‐Way Evaluation or Acquisition, and Rail Coordination. AGENDA ITEM #6. k) Task 1 – Project Assessment 1.1 – Existing Documentation Review The purpose of this subtask is to review existing documentation provided by the City, prior to performing Task 1.2 Field Inventory. As part of this subtask, Transpo Group will facilitate a pre‐inventory meeting with project stakeholders (identified by the City). The objective of the pre‐inventory meeting will be to identify critical/undocumented areas, especially work performed within Coulon Park and the Kennydale Fire Station. To be furnished by City:  Location of existing communications lines and existing conduits runs  Existing as‐builts for potential fiber infrastructure within defined projects limits  Existing GIS base mapping with existing right‐of‐way limits and street features (i.e. channelization, curbs, sidewalks, and pavement limits) in AutoCAD format.  Aerial imagery within project boundaries (high‐resolution) Deliverables:  FTP site for document upload by City  Pre‐inventory meeting materials and minutes 1.2 – Field Inventory The purpose of this subtask is to conduct a detailed inventory of conduits and junction boxes to identify potential conflicts along the potential route. Transpo will notify City staff of when the field inventory will be performed. Existing infrastructure will be documented and verified to materials received in Task 1.1. This may include opening of junction boxes/pull boxes and making notes regarding preliminary routing options. As part of this subtask, Transpo Group will contract with a conduit proofing subcontractor to verify the condition of conduit located between Lake Washington Blvd/N 20th St and Meadow Ave N/N 26th St (~3,300ft). The City will maintain existing easement with property owner, contact the property owner of anticipated work, and make conduit infrastructure accessible (i.e. clearing and grubbing) for conduit proofing subcontractor. Deliverables:  Field notes and conduit proofing results (as requested) 1.3 – Utility Coordination Transpo will coordinate design requirements with City staff to address any conflicts. Typically, the utility companies will provide as‐builts, interagency agreements, or mark locations in the field. Transpo will identify any conflicts with the proposed design and will propose alternatives to the City, if necessary. This subtask does not include any utility relocation design or surveying. AGENDA ITEM #6. k) Assumptions:  All right‐of‐way limits will be provided by the City.  All necessary R/W partial takes or construction easements will be coordinated by the City and is not included in this scope‐of‐work.  The City will be responsible for all coordination and permitting with Puget Sound Energy (PSE).  They City has an existing franchise agreement to attach to existing PSE poles. Deliverables:  Response to PSE comments (during PS&E design phase) Task 2 – Fiber Optic Design The main objective of this project is to provide fiber communications between existing fiber communications at Logan Ave/Park Ave intersection and route to the new Kennydale Hill Fire Station and Water Reservoir site. The infrastructure improvements are to include use of existing routes (conduit and aerial), new conduit routes, new fiber optic communications, and civil improvements. The project limits and proposed improvements are outlined below. The potential communications improvements for this extension include but are not limited to: A. Fiber communications for approximately 2 miles. Fiber infrastructure routing will be evaluated with the City after field investigation. Existing infrastructure will be utilized when feasible (e.g. existing conduit, aerial span wire). B. Conduit installation within Coulon Park and Kennydale Hill Fire Station properties. C. Full fusion splice to existing fiber communications in existing pull box on Logan Ave/Park Ave. D. Distribution splice at Coulon Park. Additional fiber design within park limits will be included as an addendum. E. Coiling at Kennydale Hill Fire Station for future splice, by others. 2.1 – Basemap Development Transpo will work with the City to assess the conduit along the proposed route with the detailed inventory. Transpo will incorporate base map information provided by the City – including both intersection/road projects and utility projects where spare conduits have been installed. The base map will identify information required for the contractor to successfully locate the proposed improvements. This may include the location of existing right of way, roadside features (including curbs, sidewalks, planter strips, trees, junction boxes, etc.), and utilities. As part of this subtask, Transpo Group will facilitate a pre‐design meeting with project stakeholders (identified by the City). The objective of the pre‐design meeting will be to update the City on information obtained from the field inventory and highlight proposed design approach. AGENDA ITEM #6. k) To be furnished by the City:  The City will furnish all CAD basemaps for use on the project. Where CAD files are not available, the City will furnish geo‐referenced aerial photographs that will be used for plan development. Assumptions:  Transpo will superimpose infrastructure features using City‐provided CAD files and aerial photographs. Deliverables:  Basemap (as requested)  Pre‐design meeting materials and minutes 2.2 – 30% Engineering Design This subtask will focus on the development of a preliminary (30%) engineering design for the communication infrastructure elements described earlier. The base maps prepared in the previous task will be used to prepare the preliminary engineering drawings for the proposed communications infrastructure. The preliminary (30%) engineering drawings will show general location of existing and proposed infrastructure with construction notes and preliminary layout of restoration items such as roadway, sidewalk and landscaping. No wiring details and/or schedules will be prepared at this stage. 30% plans will be submitted for review and comment by the City and PSE. The cost estimate will be prepared and show list of bid items, unit costs, and quantities. The cost estimate will consider up to two alternative conduit installation methods (e.g. boring, open trench). Assumptions:  Drainage report will not be required.  The City will be responsible for shoreline permits.  The City will coordinate with PSE regarding 30% design and pole attachment. Deliverables:  Preliminary (30%) engineering plan drawings (PDF format)  Engineer’s 30% opinion of cost (two alternatives) To be furnished by the City:  Coordination, review, and summary of City comments  Comments from PSE 2.3 and 2.4 – 90%/Ad‐Ready Engineering Design This subtask will develop 90% design documents including plans, specifications, and estimate for the elements detailed in the 30% engineering design task above. The City comments from the 30% engineering design review will be incorporated into the 90% design. AGENDA ITEM #6. k) The 90% design shall include: infrastructure plans layout, construction notes, restoration of roadway, sidewalk, and landscaping, wiring details, fiber optic splice diagrams, fiber details sheets, details of non‐standard design features, specifications, and estimate. Plans, specifications and estimate will be submitted for the City’s review. Following comment review, Transpo will incorporate all City and comments and provide an ad‐ready PS&E package. Special Provisions: Contract documents, required FHWA Division 1, amendments, Division 2‐9, standard drawing details, wage rates. Deliverables: 90% PS&E  90% engineering design plans, specifications, cost estimate, and bid item list.  Responses to City’s 30% review comments Final (ad‐ready) PS&E  One ad‐ready set of PS&E documents  One copy of drawings on CD or DVD in .pdf and Autocad format, and reproducible specifications and cost estimate.  Responses to City’s 90% review comments. To be furnished by the City:  City special provisions boiler plate  Coordination, review, and summary of City comments  PSE comments 2.5 – Bid Support Services This subtask will include responding to bidder questions, preparing addenda as required, responding to Request for Information (RFI) as they are received, and assist the City in evaluating bids. Deliverables:  Bidder question tracking sheet  Responses to bidder RFIs  Issuing up to 4 addenda, if required Task 3 – Construction Support Services This task includes assisting the City in preparing for and attending a pre‐construction conference, providing infrastructure and fiber installation oversight services, and producing record drawings after project commissioning. 3.1 – RFI, Product Submittals, and Change Order Review and Response AGENDA ITEM #6. k) This subtask prepares and responds to requests for information as they are received from either the Contractor or the City. This subtask reviews shop drawings, material submittals, and review change orders if necessary. Deliverables:  Response to RFIs  Stamped product submittals  Response to change orders 3.2 – Installation Observation Services The City will notify when Transpo will be required to be onsite to observe construction activities deemed unique such as during conduit boring, fiber installation, and fiber splicing. Transpo will record and report progress of infrastructure and fiber communications installation to City staff. The Subconsultant will provide professional observations and opinions regarding the field work relative to the design plans. Transpo will not be taking on jobsite safety responsibilities and will not perform jobsite safety observations during site visits. Assumptions:  The Contractor will retain all responsibilities for jobsite safety.  Transpo will not provide any direction to the Contractor. All direction to the Contractor will be routed through and conveyed by City staff.  The Contractor will retain their own records and provide reporting of material quantities and labor hours.  The City inspector will maintain quantity and hours reports. Deliverables:  Field construction observation reports  OTDR documentation comments  Field photos  Project punch list 3.3 – Record Drawings This subtask prepares as‐built drawings per the City’s Pre‐approved Plans Policy. Assumptions:  The Contractor will provide record drawings to Transpo. Deliverables:  As‐built drawings in AutoCAD format. Task 4 – Project Administration The main objective of this subtask is to ensure the project is completed on time and within budget based on the scope of work. This includes tracking schedule adherence, tracking budget AGENDA ITEM #6. k) expenditure, preparing and submitting progress reports and invoices, and internal resource allocation to support the project. 4.1 – Project Management and Coordination This subtask primarily includes ongoing communication with the project team, progress report preparation, internal project management, and project oversight. Progress reports will be developed which will aim to inform the City regarding project status, project budget status, work accomplished for the billing period, money spent for the billing period, and work to be completed for the next billing period. This subtask also includes coordination with other City departments, 3rd party stakeholders and other agencies such as WSDOT and King County, as needed. 4.2 – Project Meetings This subtask includes the attendance of the Consultant’s project team at one (1) predesign inventory meeting, one (1) predesign meeting, and two (2) comment resolution meetings (after each 30% and 90% submittals). 4.3 Project Invoicing This subtask includes preparing and reviewing monthly invoices and reviewing sub consultant invoices. AGENDA ITEM #6. k) Exhibit B: Fee Estimate The proposed hours estimate considers the level of effort to complete the scope of work with assigned project staff. Additional staff is available if submittal dates change. The anticipated staff hours for this project is provided in the following table: AGENDA ITEM #6. k) Exhibit C: Proposed Schedule We propose a project schedule of 9 months to complete the scope of work from the time of receiving the Notice to Proceed (NTP). This includes all meetings and review times. Review times are estimated at 2 weeks per review. Constraints of this schedule include construction within Coulon Park to occur after Labor Day weekend (September 4th) and construction completion by end of 2018 to accommodate Kennydale Fire Station construction schedule. The anticipated schedule for this project is provided in the following table: AGENDA ITEM #6. k) Transpo Group USA, Inc. Cost Estimate Worksheet Number / Project Name 1.18032.00 Kennydale Fiber Optic Pay rates are effective from July 8, 2017 through June 29, 2018, within the ranges shown in the attachment. Only key staff are shown and other staff may work on and charge to the project as needed by the project manager. Project Manager Civil Lead Comm. Lead Project Design Project Admin initials KT RP JKHC JAH AMC job title Eng L4 Eng L6 Eng L3 Eng L2 PA L4 cost rate $46.49 $54.88 $38.94 $35.96 $40.96 Labor: Work Task Hours Cost 1 Task 1 – Project Assessment 2 1.1 – As-Built Review 8 2 8 2 20 $865 3 1.2 – Field Inventory 16 2 2 16 36 $1,507 4 1.3 – Utility Review and Coordination 16 2 8 4 30 $1,309 5 Task 2 – Fiber Optic Design 6 2.1 – Basemap Development 4 2 12 40 58 $2,201 7 2.2 – 30% Engineering Design 12 8 40 40 100 $3,993 8 2.3 – 90% Engineering Design 12 12 60 60 144 $5,710 9 2.4 – Final Plans, Specifications, and Estimate (PS&E)12 8 40 20 80 $3,274 10 2.5 – Bid Support Services 8 2 10 $482 11 Task 3 – Construction Support 12 3.1 – RFI, Submittals, and CO Review and Response 40 4 44 $2,079 13 3.2 – Installation Observation Services 8 8 $372 14 3.3 – Record Drawings 4 16 16 36 $1,384 15 Task 4 – Project Administration 16 4.1 – Project Management and Coordination 40 16 56 $2,738 17 4.2 – Project Meetings 20 20 4 44 $2,183 18 4.3 – Project Invoicing 16 16 32 $1,399 Total Hours 216 78 190 198 16 698 Labor Costs $10,042 $4,281 $7,399 $7,120 $655 $29,496.52 Overhead Rate 167.68%$49,459.76 Fee (as a % of labor)30.00%$8,848.96 Miscellaneous Expenses:Reimbursable Subconsultants:Subs Item Cost Cost 1 Federal Express / Courier $0 1 PH Consulting Inc. $15,362.00 2 Phone $0 2 Integrity Network $10,687.50 3 Fax $0 3 Subconsultant C $0 4 Postage $0 4 Subconsultant D $0 5 Graphic supplies $0 5 Subconsultant E $0 6 Photography $0 7 Travel expenses (mileage)$300.00 $26,049.50 8 Reproduction $0 9 Traffic counts $0 Contingency (as approved by City):Subs 10 Traffic accident data $0 Cost 11 Spec. MPS model run $0 1 Contingency $20,000.00 12 Transportation Concurrency Application $0 Total Reimbursable Expenses $300.00 $134,154.74 Firm Total Subconsultants Firm Exhibit B: Fee Estimate Cost Estimate Prepared on: 4/2/2018 AGENDA ITEM #6. k) IDTask Mode Task Name Duration Start Finish Predecessors Resource Names1Project Assessment20 daysMon 4/23/18Fri 5/18/182As‐built Review10 daysMon 4/23/18Fri 5/4/183Field Inventory5 daysMon 5/7/18Fri 5/11/1824Utility Review and Initial Cooridnation10 daysMon 5/7/18Fri 5/18/1825Fiber Optic Design80 daysMon 5/14/18Fri 8/31/186Basemap Development15 daysMon 5/14/18Fri 6/1/182730% Design20 daysMon 6/4/18Fri 6/29/1868Submit 30% Design0 daysFri 6/29/18Fri 6/29/1879City Review10 daysMon 7/2/18Fri 7/13/1881090% Design15 daysMon 7/16/18Fri 8/3/18911Submit 90% Design0 daysFri 8/3/18Fri 8/3/181012City Review10 daysMon 8/6/18Fri 8/17/181113Final PS&E10 daysMon 8/20/18Fri 8/31/181214Submit Final PS&E0 daysFri 8/31/18Fri 8/31/181315Bid and Construction75 daysFri 8/31/18Fri 12/14/1816Advertisement for Bid0 daysFri 8/31/18Fri 8/31/181417Contracting25 daysMon 9/3/18Fri 10/5/181618Construction50 daysMon 10/8/18Fri 12/14/18176/298/38/318/313/254/14/84/154/224/295/65/135/205/276/36/106/176/247/17/87/157/227/298/58/128/198/269/29/99/169/239/3010/710/1410/2110/2811/411/1111/1811/2512/212/912/1612AprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberTaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressKennydale Fiber Optic ExtensionPage 1Project: ScheduleDate: Mon 4/2/18AGENDA ITEM #6. k) Exhibit D: Transpo Cost Rate Range Schedule Category Min Max Engineer/Planner/Analyst/Principal/Director - Level 7 $65 $115 Engineer/Planner/Analyst/Proj Adm - Level 6 $50 $85 Engineer/Planner/Analyst/Proj Adm - Level 5 $45 $75 Engineer/Planner/Analyst/Proj Adm - Level 4 $35 $50 Engineer/Planner/Analyst/Proj Adm - Level 3 $30 $45 Engineer/Planner/Analyst/Proj Adm - Level 2 $25 $40 Engineer/Planner/Analyst/Proj Adm - Level 1 $15 $35 Cost Rate Range Pay rates are effective from July 8, 2017 through June 29, 2018, within the ranges shown in the attachment. AGENDA ITEM #6. k) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEARS 2017/2018 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 5824 AND THEREAFTER AMENDED BY ORDINANCE NOS. 5835, 5850 AND 5864, IN THE AMOUNT OF $81,141,977. WHEREAS, on November 21, 2016, the City Council adopted Ordinance No. 5824 approving the City of Renton’s 2017/2018 Biennial Budget; and WHEREAS, on April 24, 2017, the Council adopted Ordinance No. 5835 carrying forward funds appropriated in 2016, but not expended in 2016 due to capital project interruptions and delays in invoice payments, which needed to be carried forward and appropriated for expenditure in 2017; and WHEREAS, on July 17, 2017, the Council adopted Ordinance No. 5850 making minor corrections and recognizing grants, contributions and associated costs and new cost items not included in the budget, which required additional adjustments to the 2017/2018 Biennial Budget; and WHEREAS, on November 13, 2017, the Council adopted Ordinance No. 5864 providing a mid‐biennial review pursuant to RCW 35A.34.130, creating a new Family First Center Development Fund 346 to better track the resources and costs related to this project, and otherwise updating and adjusting the 2017/2018 Biennial Budget; and WHEREAS, funds appropriated in 2017, but not expended in 2017 due to capital project interruptions and delays in invoice payments, need to be carried forward and appropriated for expenditure in 2018; and AGENDA ITEM # 8. a) ORDINANCE NO. _______ 2 WHEREAS, minor corrections and the recognition of grants, contributions and associated costs and new cost items not included in the budget require additional adjustments to the 2017/2018 Biennial Budget; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Ordinance Nos. 5824, 5835, 5850 and 5864 establishing the City of Renton’s 2017/2018 Biennial Budget are hereby amended in the total amount of $81,141,977 for an amended total of $645,488,253 over the biennium. SECTION II. The 2018 Carry Forward/1st Quarter Budget Adjustment Summary by Fund is hereby attached as Exhibit A and the 2017 Adjusted Budget Summary by Fund is hereby attached as Exhibit B. Detailed lists of adjustments are available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _______________________, 2018. Denis Law, Mayor AGENDA ITEM # 8. a) ORDINANCE NO. _______ 3 Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2012:3/20/18:scr AGENDA ITEM # 8. a) ORDINANCE NO. _______ 4 Exhibit A: 2018 Carry Forward/1st Quarter Budget Adjustment Summary by FundBEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCEFund2018 Beg Fund Bal Changes 2018 Adj. Fund Bal 2018 Budgeted Revenue Changes 2018 Adjusted Revenue 2018 Budgeted Expenditure Changes 2018 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 000 GENERAL12,041,651 10,666,415 22,708,066 69,157,742 189,443 69,347,185 67,041,323 2,461,456 69,502,779 22,552,472 22,552,472 001 COMMUNITY SERVICES3,740,257 1,100,736 4,840,993 13,425,796 175,758 13,601,554 13,443,212 251,897 13,695,109 4,747,438 4,747,438 003 STREETS2,635,056 508,848 3,143,904 11,288,240 ‐ 11,288,240 11,378,757 64,474 11,443,231 2,988,913 2,988,913 004 COMMUNITY DEVELOPMENT BLOCK GRANT19,154 35,132 54,286 424,857 373,509 798,366 424,857 373,510 798,367 54,285 54,285 005 MUSEUM70,033 959 70,992 239,129 ‐ 239,129 241,246 ‐ 241,246 68,875 68,875 009 FARMERS MARKET94,608 10,715 105,323 59,400 ‐ 59,400 69,494 ‐ 69,494 95,229 (95,229) ‐ 21X GENERAL GOVERNMENT MISC DEBT SVC 2,335,564 25,710 2,361,274 5,596,219 ‐ 5,596,219 5,703,244 ‐ 5,703,244 2,254,249 ‐ 2,254,249 Total General Governmental Funds20,936,323 12,348,515 33,284,838 100,191,383 738,710 100,930,093 98,302,133 3,151,337 101,453,470 32,761,461 (95,229) 32,666,232 102 ARTERIAL STREETS63,480 44,958 108,438 670,000 ‐ 670,000 670,000 ‐ 670,000 108,438 108,438 108 LEASED CITY PROPERTIES291,284 319,771 611,055 902,550 65,000 967,550 845,090 138,316 983,406 595,199 595,199 110 SPECIAL HOTEL‐MOTEL TAX226,608 234,826 461,434 265,000 (65,000) 200,000 265,000 44,629 309,629 351,805 351,805 125 ONE PERCENT FOR ART35,044 68,065 103,109 15,000 ‐ 15,000 15,000 38,683 53,683 64,426 64,426 127 CABLE COMMUNICATIONS DEVELOPMENT394,504 77,985 472,489 97,674 ‐ 97,674 97,674 ‐ 97,674 472,489 472,489 135 SPRINGBROOK WETLANDS BANK334,025 2,503 336,528 ‐ ‐ ‐ ‐ ‐ ‐ 336,528 336,528 303 COMMUNITY SERVICES IMPACT MITIGATION1,607,134 302,221 1,909,355 86,500 ‐ 86,500 ‐ ‐ ‐ 1,995,855 1,995,855 304 FIRE IMPACT MITIGATION547,467 389,505 936,972 99,000 ‐ 99,000 142,975 ‐ 142,975 892,997 892,997 305 TRANSPORTATION IMPACT MITIGATION227,748 583,214 810,962 632,400 ‐ 632,400 5,000 500,000 505,000 938,362 938,362 316 MUNICIPAL FACILITIES CIP5,541,529 14,130,167 19,671,696 4,627,000 2,693,407 7,320,407 8,926,046 15,405,534 24,331,580 2,660,523 2,660,523 317 CAPITAL IMPROVEMENT1,058,672 4,749,867 5,808,539 3,965,500 12,639,423 16,604,923 3,965,500 17,043,631 21,009,131 1,404,331 (440,000) 964,331 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING2,541,173 7,802 2,548,975 ‐ ‐ ‐ ‐ ‐ ‐ 2,548,975 (2,500,000) 48,975 336 NEW LIBRARY DEVELOPMENT97,374 353,719 451,093 ‐ ‐ ‐ ‐ ‐ ‐ 451,093 451,093 346 NEW FAMILY FIRST CENTER DEVELOPMENT4,000,000 157,891 4,157,891 ‐ ‐ ‐ ‐ 106,000 106,000 4,051,891 4,051,891 402 AIRPORT OPERATIONS & CIP 337,162 3,122,027 3,459,189 4,531,809 (893,947) 3,637,862 4,552,790 1,656,972 6,209,762 887,289 (191,445) 695,845 403 SOLID WASTE UTILITY2,914,493 85,819 3,000,312 19,505,718 ‐ 19,505,718 19,368,508 ‐ 19,368,508 3,137,522 (400,000) 2,737,522 404 GOLF COURSE SYSTEM & CAPITAL 299,844 (294,577) 5,267 2,912,920 ‐ 2,912,920 2,728,654 (110,179) 2,618,475 299,712 (209,474) 90,238 405 WATER OPERATIONS & CAPITAL 10,361,602 23,551,965 33,913,567 17,420,439 ‐ 17,420,439 21,538,687 21,287,403 42,826,090 8,507,916 (2,959,983) 5,547,933 406 WASTEWATER OPERATIONS & CAPITAL 11,514,078 10,985,693 22,499,771 27,582,026 27,244 27,609,270 29,590,679 9,606,436 39,197,115 10,911,926 (1,840,615) 9,071,310 407 SURFACE WATER OPERATIONS & CAPITAL 7,583,567 6,351,138 13,934,705 11,699,686 4,060,545 15,760,231 14,594,383 9,005,202 23,599,585 6,095,351 (1,195,736) 4,899,616 501 EQUIPMENT RENTAL5,193,293 1,689,327 6,882,620 6,026,729 279,893 6,306,622 6,989,962 1,074,500 8,064,462 5,124,780 5,124,780 502 INSURANCE16,673,711 1,057,419 17,731,130 3,307,514 ‐ 3,307,514 3,315,116 ‐ 3,315,116 17,723,528 (16,869,232) 854,295 503 INFORMATION SERVICES1,372,414 2,364,646 3,737,060 5,510,230 136,850 5,647,080 5,563,704 1,796,688 7,360,392 2,023,748 2,023,748 504 FACILITIES1,036,677 494,070 1,530,747 4,887,148 117,654 5,004,802 4,978,288 386,825 5,365,113 1,170,436 1,170,436 505 COMMUNICATIONS544,706 63,439 608,145 1,102,300 ‐ 1,102,300 1,096,329 10,000 1,106,329 604,116 604,116 512 HEALTHCARE INSURANCE3,780,456 837,032 4,617,488 8,191,708 ‐ 8,191,708 8,578,084 ‐ 8,578,084 4,231,112 (2,573,425) 1,657,687 522 LEOFF1 RETIREES HEALTHCARE10,294,986 1,592,358 11,887,344 1,257,849 ‐ 1,257,849 1,094,727 ‐ 1,094,727 12,050,466 (12,050,466) ‐ 611 FIREMENS PENSION5,835,570 (2,673) 5,832,897 468,000 ‐ 468,000 200,475 ‐ 200,475 6,100,422 (6,100,422) ‐ Total Other Funds94,708,602 73,320,177 168,028,778 125,764,700 19,061,069 144,825,769 139,122,672 77,990,640 217,113,312 95,741,235 (47,330,798) 48,410,437 TOTAL ALL FUNDS 115,644,924 85,668,692 201,313,616 225,956,083 19,799,779 245,755,862 237,424,805 81,141,977 318,566,782 128,502,695 (47,426,027) 81,076,669 2 year total 161,537,590 506,984,889 19,799,779 526,784,668 564,346,276 81,141,977 645,488,253 128,502,695 (47,426,027) 81,076,669 AGENDA ITEM # 8. a) ORDINANCE NO. _______ 5 Exhibit B: 2017 Adjusted Budget Summary by FundBEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCEFund2017 Beg Fund Bal Changes2017 Adj Fund Bal2017 Budgeted Changes 2017 Adjusted2017 Budgeted Changes 2017 AdjustedEnding Fund BalanceReserved/ DesignatedAvailable Fund Balance 000 GENERAL18,201,028 ‐ 18,201,028 71,439,589 ‐ 71,439,589 77,598,966 ‐ 77,598,966 12,041,651 12,041,651 001 COMMUNITY SERVICES3,769,766 ‐ 3,769,766 13,857,754 ‐ 13,857,754 13,887,263 ‐ 13,887,263 3,740,257 3,740,257 003 STREETS1,936,367 ‐ 1,936,367 12,005,024 ‐ 12,005,024 11,306,335 ‐ 11,306,335 2,635,056 2,635,056 004 COMMUNITY DEVELOPMENT BLOCK GRANT66,654 ‐ 66,654 936,292 ‐ 936,292 983,792 ‐ 983,792 19,154 19,154 005 MUSEUM72,372 ‐ 72,372 233,936 ‐ 233,936 236,275 ‐ 236,275 70,033 70,033 009 FARMERS MARKET90,730 ‐ 90,730 114,844 ‐ 114,844 110,966 ‐ 110,966 94,608 (94,608) ‐ 21X GENERAL GOVERNMENT MISC DEBT SVC 2,426,868 ‐ 2,426,868 5,975,325 ‐ 5,975,325 6,066,629 ‐ 6,066,629 2,335,564 ‐ 2,335,564 Total General Governmental Funds26,563,785 ‐ 26,563,785 104,562,763 ‐ 104,562,763 110,190,225 ‐ 110,190,225 20,936,323 (94,608) 20,841,715 102 ARTERIAL STREETS63,480 ‐ 63,480 660,000 ‐ 660,000 660,000 ‐ 660,000 63,480 63,480 108 LEASED CITY PROPERTIES276,865 ‐ 276,865 902,550 ‐ 902,550 888,131 ‐ 888,131 291,284 291,284 110 SPECIAL HOTEL‐MOTEL TAX402,602 ‐ 402,602 225,000 ‐ 225,000 400,994 ‐ 400,994 226,608 226,608 125 ONE PERCENT FOR ART128,489 ‐ 128,489 24,505 ‐ 24,505 117,950 ‐ 117,950 35,044 35,044 127 CABLE COMMUNICATIONS DEVELOPMENT394,504 ‐ 394,504 122,674 ‐ 122,674 122,674 ‐ 122,674 394,504 394,504 135 SPRINGBROOK WETLANDS BANK334,025 ‐ 334,025 ‐ ‐ ‐ ‐ ‐ ‐ 334,025 334,025 303 COMMUNITY SERVICES IMPACT MITIGATION1,255,194 ‐ 1,255,194 406,014 ‐ 406,014 54,074 ‐ 54,074 1,607,134 1,607,134 304 FIRE IMPACT MITIGATION607,163 ‐ 607,163 99,000 ‐ 99,000 158,696 ‐ 158,696 547,467 547,467 305 TRANSPORTATION IMPACT MITIGATION1,497,748 ‐ 1,497,748 620,000 ‐ 620,000 1,890,000 ‐ 1,890,000 227,748 227,748 316 MUNICIPAL FACILITIES CIP15,038,030 ‐ 15,038,030 15,161,013 ‐ 15,161,013 24,657,514 ‐ 24,657,514 5,541,529 5,541,529 317 CAPITAL IMPROVEMENT5,640,494 ‐ 5,640,494 20,512,188 ‐ 20,512,188 25,094,010 ‐ 25,094,010 1,058,672 (440,000) 618,672 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING1,041,173 ‐ 1,041,173 1,500,000 ‐ 1,500,000 ‐ ‐ ‐ 2,541,173 (2,500,000) 41,173 336 NEW LIBRARY DEVELOPMENT1,122,601 ‐ 1,122,601 ‐ ‐ ‐ 1,025,227 ‐ 1,025,227 97,374 97,374 346 NEW FAMILY FIRST CENTER DEVELOPMENT‐ ‐ ‐ 4,000,000 ‐ 4,000,000 ‐ ‐ ‐ 4,000,000 4,000,000 402 AIRPORT OPERATIONS & CIP 2,619,343 ‐ 2,619,343 3,405,842 ‐ 3,405,842 5,688,023 ‐ 5,688,023 337,162 (173,563) 163,599 403 SOLID WASTE UTILITY2,751,417 ‐ 2,751,417 19,187,851 ‐ 19,187,851 19,024,775 ‐ 19,024,775 2,914,493 (400,000) 2,514,493 404 GOLF COURSE SYSTEM & CAPITAL 37,088 ‐ 37,088 2,893,044 ‐ 2,893,044 2,630,288 ‐ 2,630,288 299,844 (143,549) 156,295 405 WATER OPERATIONS & CAPITAL 28,528,934 ‐ 28,528,934 20,636,268 ‐ 20,636,268 38,803,600 ‐ 38,803,600 10,361,602 (2,933,371) 7,428,230 406 WASTEWATER OPERATIONS & CAPITAL 18,854,320 ‐ 18,854,320 32,404,253 ‐ 32,404,253 39,744,495 ‐ 39,744,495 11,514,078 (1,866,212) 9,647,867 407 SURFACE WATER OPERATIONS & CAPITAL 10,893,975 ‐ 10,893,975 18,223,558 ‐ 18,223,558 21,533,966 ‐ 21,533,966 7,583,567 (1,172,200) 6,411,367 501 EQUIPMENT RENTAL6,432,053 ‐ 6,432,053 6,494,353 ‐ 6,494,353 7,733,113 ‐ 7,733,113 5,193,293 5,193,293 502 INSURANCE12,852,509 ‐ 12,852,509 7,392,368 ‐ 7,392,368 3,571,166 ‐ 3,571,166 16,673,711 (16,567,061) 106,650 503 INFORMATION SERVICES2,570,374 ‐ 2,570,374 5,928,485 ‐ 5,928,485 7,126,445 ‐ 7,126,445 1,372,414 1,372,414 504 FACILITIES1,275,053 ‐ 1,275,053 5,077,715 ‐ 5,077,715 5,316,091 ‐ 5,316,091 1,036,677 1,036,677 505 COMMUNICATIONS542,927 ‐ 542,927 1,078,253 ‐ 1,078,253 1,076,474 ‐ 1,076,474 544,706 544,706 512 HEALTHCARE INSURANCE4,156,148 ‐ 4,156,148 7,787,779 ‐ 7,787,779 8,163,471 ‐ 8,163,471 3,780,456 (2,449,041) 1,331,414 522 LEOFF1 RETIREES HEALTHCARE10,079,251 ‐ 10,079,251 1,255,329 ‐ 1,255,329 1,039,594 ‐ 1,039,594 10,294,986 (10,294,986) ‐ 611 FIREMENS PENSION5,578,045 ‐ 5,578,045 468,000 ‐ 468,000 210,475 ‐ 210,475 5,835,570 (5,835,570) ‐ Total Other Funds134,973,805 ‐ 134,973,805 176,466,042 ‐ 176,466,042 216,731,246 ‐ 216,731,246 94,708,602 (44,775,553) 49,933,048 TOTAL ALL FUNDS 161,537,590 ‐ 161,537,590 281,028,806 ‐ 281,028,806 326,921,471 ‐ 326,921,471 115,644,924 (44,870,161) 70,774,763 AGENDA ITEM # 8. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 6‐32 OF THE RENTON MUNICIPAL CODE, EXPANDING FAIR HOUSING REGULATIONS PROHIBITING PROPERTY OWNERS AND PROPERTY MANAGERS FROM DISCRIMINATING AGAINST TENANTS OR POTENTIAL TENANTS ON THE BASIS OF PARTICIPATION IN ANY FEDERAL, STATE OR LOCAL GOVERNMENT, PRIVATE NONPROFIT, OR OTHER HOUSING ASSISTANCE PROGRAMS, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton recognizes that discrimination in housing adversely and seriously affects the health, safety and welfare of the community; and WHEREAS, there are several government and non‐profit organization programs that assist very low income families, the elderly, veterans, people with disabilities, and others with financial subsidies that allow them to afford decent, safe, and sanitary housing in the private market; and WHEREAS, a significant number of people have difficulty securing adequate rental housing without financial assistance, and it is essential to ensure that housing is available to those people; and WHEREAS, the average cost of renting a housing unit is rapidly rising in the Puget Sound region, and the number of affordable units is decreasing as rents increase, which, in turn, disfavors low‐income tenants and those receiving financial assistance; and WHEREAS, when families lose their homes because of income source based discrimination, they often lack funds to move, risk being unable to find replacement housing close to their workplace, risk becoming homeless, and risk disruption to their children's education and social development by being forced to move away from their friends and schools; and AGENDA ITEM # 8. b) ORDINANCE NO. ________ 2 WHEREAS, citywide and countywide planning policies seek to promote fairness in housing for residents of all abilities, ages, races, and incomes; and WHEREAS, landlords who participate in these housing assistance programs and accept lawful, verifiable alternative sources of income are provided a reliable, steady source of rental income; and WHEREAS, during its 2018 regular session, the Washington State Legislature passed Engrossed Second Substitute House Bill 2578 relating to fair housing issues and housing options on a state‐wide basis, and the Renton City Council has determined that amending the Renton Municipal Code to prohibit landlords from withholding or denying tenants the opportunity to rent housing, or otherwise discriminate or retaliate solely because the tenant proposes to use housing subsidies or alternative sources of income will promote the health, safety, and welfare of the Renton community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Chapter 6‐32 of the Renton Municipal Code is amended as follows: CHAPTER 32 FAIR HOUSING REGULATIONS SECTION: 6‐32‐1 Income Source Discrimination Prohibited 6‐32‐2 Definitions 6‐32‐2 Applicability To Housing Choice Vouchers And Certificates 6‐32‐3 Exceptions 6‐32‐4 Notice 6‐32‐54 Penalties 6‐32‐65 Appeals 6‐32‐76 Civil Remedy AGENDA ITEM # 8. b) ORDINANCE NO. ________ 3 6‐32‐1 INCOME SOURCE DISCRIMINATION PROHIBITED: A. Property owners, property managers, landlords, and their agents, who rent or lease dwelling units shall not, based on the source of income of an otherwise eligible prospective tenant or current tenant: 1. rRefuse to rent or lease any dwelling unit to a prospective tenant or current tenant, unless the: (i) prospective tenant's or current tenant's source of income is conditioned on the dwelling unit passing inspection; (ii) written estimate of the cost of improvements necessary to pass inspection is more than one thousand five hundred dollars ($1,500); and (iii) the property owner, property manager, landlord, or their agent has not received moneys from the Washington Department of Commerce landlord mitigation program account to make the improvements; 2. Expel a prospective tenant or current tenant from any dwelling unit; 3. Make any distinction, discrimination, or restriction against a prospective tenant or current tenant in the price, terms, conditions, fees, or privileges relating to the rental, lease, or occupancy of a dwelling unit or in the furnishing of any facilities or services in connection with the rental, lease, or occupancy of a dwelling unit; 4. Attempt to discourage the rental or lease of any dwelling unit to a prospective tenant or current tenant; 5. Assist, induce, incite, or coerce another person to commit an act or engage in a practice that violates this Chapter; AGENDA ITEM # 8. b) ORDINANCE NO. ________ 4 6. Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected under this Chapter; 7. Represent to a person that a dwelling unit is not available for inspection or rental when the dwelling unit in fact is available for inspection or rental; or 8. Otherwise make unavailable or deny a dwelling unit to a prospective tenant or current tenant that, but for his or her source of income, would be eligible to rent the dwelling unit. B. Property owners, property managers, landlords, and their agents shall not publish, circulate, issue, or display, or cause to be published, circulated, issued, or displayed, any communication, notice, advertisement, or sign of any kind relating to the rental or lease of a dwelling unit that indicates a preference, limitation, or requirement based on any source of income. C. If a property owner, property manager, landlord, or their agent requires that a prospective tenant or current tenant have a certain threshold level of income, any source of income in the form of a rent voucher or subsidy must be subtracted from the total of the monthly rent prior to calculating if the income criteria have been met. a dwelling unit to any tenant or potential tenant or otherwise discriminate or retaliate against such person solely on the basis that the person proposes to pay AGENDA ITEM # 8. b) ORDINANCE NO. ________ 5 a portion of the rent using a Section 8 housing choice voucher or certificate issued under the Housing and Community Development Act of 1974 (42 U.S.C. 1437f). “Dwelling unit” shall have the meaning set forth in RMC 4‐11‐040. 6‐32‐2 DEFINITIONS: A. “Dwelling unit” shall have the meaning set forth in RMC 4‐11‐040. B. "Source of income" includes benefits or subsidy programs including housing assistance, public assistance, emergency rental assistance, veterans benefits, social security, supplemental security income or other retirement programs, and other programs administered by any federal, state, local, or nonprofit entity. "Source of income" does not include income derived in an illegal manner. 6‐32‐2 APPLICABILITY TO HOUSING CHOICE VOUCHERS AND CERTIFICATES: The prohibition in RMC Section 6‐32‐1 does not apply with respect to the use of a Section 8 housing choice voucher or certificate if the dwelling unit does not qualify for participation in such program according to applicable public housing authority guidelines. This may include disqualification due to monthly lease amounts or other lease terms. However, refusal to allow a health and safety inspection of the property by the public housing authority shall not serve as a basis for denying the use of a Section 8 voucher or certificate. Any property owner or manager that refuses to rent a dwelling unit to a person based upon the proposed use of a Section 8 housing choice voucher or certificate shall notify such person in writing of the reasons why the dwelling unit is ineligible for participation in the Section 8 AGENDA ITEM # 8. b) ORDINANCE NO. ________ 6 housing choice voucher or certificate program. The written notice shall specify the specific condition of the property or lease terms that disqualify the dwelling unit from participation in the Section 8 housing choice or certificate program. Such condition or terms are not a defense to the application of RMC 6‐32‐1 if the dwelling unit is offered to others with terms and conditions that would make the dwelling unit eligible for the Section 8 program. 6‐32‐3 EXCEPTIONS: Nothing in this chapter shall: A. Apply to the renting, subrenting, leasing, or subleasing a portion of a single‐family dwelling, wherein the owner or person entitled to possession thereof maintains a permanent residence, home or abode therein; BA. Prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on the basis of race, color, national origin or other illegal discriminatory basis; CB. Be construed to prohibit treating people with disabilities more favorably than people who do not have disabilities; or DC. Be construed to protect criminal conduct. 6‐32‐4 NOTICE: AGENDA ITEM # 8. b) ORDINANCE NO. ________ 7 Any property owner, property manager, landlord, or their agent that refuses to rent a dwelling unit to a person proposing to use a source of income shall notify such person in writing of the reasons for refusing to rent the dwelling unit. The reasons given in the notice are not a defense to the application of RMC 6‐32‐1 if the dwelling unit is offered on different terms or conditions to any person not proposing to use a source of income. 6‐32‐54 PENALTIES: A. A violation of this Chapter is punishable by an order imposing a civil penalty in the amount of one thousand dollars ($1,000). A second violation of this Chapter by the same person within a two (2) year period is punishable by a civil penalty in the amount of two thousand five hundred dollars ($2,500). Any order imposing a civil penalty pursuant to this section shall summarize the factual and legal basis for the violation and notify the recipient of the right to appeal the fine pursuant to RMC Section 6‐32‐65. B. A third violation of this Chapter by the same person within a three (3) year period is punishable as a gross misdemeanor with a jail sentence of up to three hundred sixty‐four (364) days and up to a five thousand dollar ($5,000) fine, plus restitution. 6‐32‐65 APPEALS: A. Any person ordered to pay a civil penalty pursuant to RMC Section 6‐32‐ 54 may appeal the penalty by filing with the City Clerk a written appeal setting forth the legal and factual basis for the appeal and identifying the City order in AGENDA ITEM # 8. b) ORDINANCE NO. ________ 8 which the penalty is assessed. Such identification may be done by referencing a City tracking number that was included on the order and/or providing a copy of the order with the appeal. To be considered, the appeal must be received and date stamped by the City Clerk’s office no later than fourteen (14) days after the fine was issued. The City Clerk will forward all timely appeals to the Community and Economic Development Administrator, or designee. B. The Administrator, or designee, will review the appeal and either affirm or repeal the order imposing the civil penalty based upon written findings of fact and conclusions of law. The Administrator, or designee, may reduce the amount of the civil penalty upon a finding that the violation did not occur in bad faith and any known victims of the violation have been fully compensated for damages suffered as a result of the violation. The Administrator, or designee, may request additional information necessary to make the decision and/or choose to hold an informal hearing to solicit evidence. C. If the penalty is not repealed, the person who has been ordered to pay the civil penalty may appeal the Administrator’s decision to the Hearing Examiner pursuant to the process in RMC 4‐8‐110.E. The City shall have the burden of proof to establish the violation by a preponderance of the evidence. No appeal fee shall be required. AGENDA ITEM # 8. b) ORDINANCE NO. ________ 9 6‐32‐76 CIVIL REMEDY: Any person who has been damaged by a violation of RMC Section 6‐32‐1 may seek to recover civil damages in a court of competent jurisdiction to the extent such action is allowed by law. SECTION II. 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 III. 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 ___________________, 2018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2018. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2011:4/9/18:scr AGENDA ITEM # 8. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING SECTION 1‐2‐ 3 TO THE RENTON MUNICIPAL CODE, ALLOWING THE CITY CLERK TO MAKE NONSUBSTANTIVE CORRECTIONS TO ORDINANCES, AND AMENDING SUBSECTION 4‐8‐080.G AND SECTION 4‐9‐025 OF THE RENTON MUNICIPAL CODE, AMENDING THE REVIEW PROCESS FOR TITLE IV AMENDMENTS TO ALLOW PURELY ADMINISTRATIVE OR PROCEDURAL AMENDMENTS TO ADVANCE DIRECTLY TO COUNCIL, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on August 31, 2017, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on October 18, 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. Section 1‐2‐3 “Correction of Manifest Error” is added to the Renton Municipal Code as follows: 1‐2‐3 CORRECTION OF MANIFEST ERRORS: Provided that the meaning of the ordinance is not changed by the edits, the City Clerk is authorized to edit Council adopted ordinances in conjunction with codification or Mayor signature in the following circumstances: AGENDA ITEM # 8. c) ORDINANCE NO. ________ 2 A. To correct manifest errors in reference to other ordinances, resolutions, laws or statutes; B. To correct or clarify manifestly erroneous or misleading numbering; or C. To correct manifest spelling, scrivener’s, clerical, or typographical errors or omissions. SECTION II. The Type IV Land Use Permit table in subsection 4‐8‐080.G of the Renton Municipal Code, is amended to add a new row entitled “Text Amendments of Purely Administrative or Procedural Code,” as shown below. All other provisions in the Type IV Land Use Permit Table in subsection 4‐8‐080.G shall remain in effect and unchanged. LAND USE PERMITS PUBLIC NOTICE OF APPLICATION RECOMMENDATION OPEN RECORD HEARING7 DECISION/ ADOPTION OPEN RECORD APPEAL CLOSED RECORD HEARING JUDICIAL APPEAL TYPE IV4 Text Amendments of Purely Administrative or Procedural Code 8 Yes Staff No CC GMHB SECTION III. Section 4‐9‐025 of the Renton Municipal Code is amended as follows: 4‐9‐025 TITLE IV DEVELOPMENT REGULATION REVISION AND INTERPRETATION PROCESS: A. PURPOSE: The purpose of this Section is to describe the procedures and review criteria for amendments to, and interpretations of, the Development Regulations, Title IV of the Renton Municipal Code. Code interpretations provide temporary AGENDA ITEM # 8. c) ORDINANCE NO. ________ 3 clarification of Title IV. Once an interpretation is issued, the subject will be submitted to the docket for Title IV amendments. B. AUTHORITY: In accordance with RCW 36.70A.470, a summary containing written comments on suggested development regulation amendments shall be coordinated by the Department of Community and Economic Development. The text revision process is the means to either suggest a change, or to identify needed corrections, or both, in the development regulations. The Community and Economic Development Administrator has the authority to issue Title IV code interpretations. C. APPLICABILITY: 1. Proposed Title IV Development Regulation amendments may be suggested by: a. The Mayor, City Council, or Planning Commission by submitting the request in writing to the Community and Economic Development Administrator. b. The Community and Economic Development Administrator. c. Private parties by submitting an application to the Department of Community and Economic Development. d. Code interpretations issued by the Community and Economic Development Administrator. 2. Any person may submit a written request for code interpretation to the Community and Economic Development Administrator, regarding any applicable title or any subsequent amendment thereto. AGENDA ITEM # 8. c) ORDINANCE NO. ________ 4 D. REVIEW PROCESS FOR TITLE IV AMENDMENTS: 1. Applications for Title IV amendments may be accepted at any time and placed on the Title IV docket. Imperative Title IV amendments designated by the Mayor, City Council, or Planning Commission may be given higher priority and processed outside the annual Title IV process outlined in this section. 2. The Department of Community and Economic Development shall keep a docket of suggested Title IV amendments that includes the following: a. Name and address of the person or agency requesting the amendment; b. Description of the amendment; c. Date of the request; d. Map of the affected area, if appropriate. 3. The Council may review the Title IV docket to determine which applications to include in the Planning Commission’s annual work program; however, text amendments that are purely administrative or procedural do not require a public hearing, nor do they require review or recommendations of the Planning Commission. For the purposes of this Section, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: “Substantive” matters relate to regulations that define or limit what can be done in terms of conduct, use, development, or action (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments), and AGENDA ITEM # 8. c) ORDINANCE NO. ________ 5 “procedural” or “administrative” matters are those that relate to procedures, processes, or submittal requirements (e.g., time limits for applications and appeals, what forms must be used, how applications must be processed). 4. The Department of Community and Economic Development shall conduct its review of Title IV concurrently with Planning Commission review; with the exception of purely administrative or procedural text amendments. However, all departmental reporting and evaluation, including necessary environmental review, shall be completed prior to the Planning Commission making recommendations on the amendments. 5. The Planning Commission shall forward a recommendation to the City Council after a public hearing. 6. Title IV amendments shall be adopted by ordinance of the City Council after review by the City Council. E. REVIEW CRITERIA FOR TITLE IV AMENDMENTS: All Title IV amendments will be evaluated on their merits based upon the following: 1. Consistency and compliance with the Comprehensive Plan; and 2. All revisions must meet with at least one of the following criteria: a. The revision eliminates conflicts within the code or between the code and the Comprehensive Plan; or b. The revision changes code language to provide clarity, consistency, or ease of administration; or AGENDA ITEM # 8. c) ORDINANCE NO. ________ 6 c. The revision directly implements policies of the Comprehensive Plan or City Business Plan; or d. The revision accommodates new policy directives of the City Council or Administration. F. PUBLIC NOTICE AND COMMENT PERIOD FOR TITLE IV AMENDMENTS: 1. Notice of Public Hearing Before the Planning Commission: The public shall be notified at least ten (10) days prior to the date of the Planning Commission public hearing with a publication in the official newspaper if one has been designated, or a newspaper of general circulation if one has not been designated. The applicant and any parties of record shall also be sent a notice by mail at least ten (10) days prior to the date of the hearing. 2. Comment Period for Planning Commission Public Hearing: Written comments will be accepted for ten (10) days prior to the date of the public hearing until seven (7) days after the date of the public hearing, unless the comment period is extended by a vote of the Commission. Verbal comments will only be accepted at the time of the hearing. All comments, including those sent by electronic means, must be accompanied by the full name and mailing address of the person making the comment. G. REVIEW PROCESS FOR TITLE IV INTERPRETATIONS: 1. Requests for code interpretations shall include: a. The section of the code that is allegedly ambiguous or needing clarification; AGENDA ITEM # 8. c) ORDINANCE NO. ________ 7 b. The subject matter or nature of the request; and c. Any facts that are relevant to the request. 2. The Community and Economic Development Administrator may deny or reject the request if there is no ambiguity or need for clarification demonstrated by the requestor. 3. Once Only one an interpretation per is issued shall be rendered by the Community and Economic Development Administrator. In the event an interpretation is requested on an issue previously addressed, the Community and Economic Development Administrator may consider the issue resolved and reject future requests to render shall provide a copy of the previous an interpretation on the matter to satisfy such request. 4. The Community and Economic Development Administrator shall post proposed interpretations on the City website for public review comment and possible appeal. 5. Approved iInterpretations shall follow the process of Development Regulations amendments and be amended into Title IV annually. SECTION IV. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. AGENDA ITEM # 8. c) ORDINANCE NO. ________ 8 SECTION V. 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:1990:11/29/17:scr AGENDA ITEM # 8. c)