HomeMy WebLinkAboutFinal Agenda PacketCITY OF 0%
enton
AGENDA
City Council Regular Meeting (NOTE: Early Meeting Time - 4:00 p.m.)
4:00 PM - Monday, February 11, 2019
Council Chambers, 7th Floor, City Hall —1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATIONS
a) Garland Jewelers Day - February 11, 2019
b) National Black History Month - February 2019
c) National Children's Dental Health Month - February 2019
d) Renton Heart Month - February 2019
4. PUBLIC HEARING
a) WSDOT Acquisition: 1-405/NE 44th St Interchange Project
5. ADMINISTRATIVE REPORT
6. 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.
7. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council meeting minutes of January 28, 2019.
Council Concur
b) AB - 2320 Mayor Law appoints Martin Dawood to the Benson Hill Community Plan
Advisory Board for an unexpired term expiring on 8/1/2020.
Refer to Planning & Development Committee
c) AB - 2311 City Clerk recommends adoption of a resolution adopting amended Council
Policy & Procedure 800-12 - Contracting Authority.
Refer to Committee of the Whole
cl) AB - 2319 City Clerk reports bid opening on January 29, 2019 and submits the staff
recommendation to award the City Hall Elevator Modernization Project - Phase 2 to R.C.
Zeigler Company, Inc. in the amount of $115,207.40.
Council Concur
e) AB - 2280 Community & Economic Development Department recommends adoption of an
ordinance to correct the maximum height of vertically mixed -use buildings in the
Commercial Arterial (CA) zone from 60 feet to 70 feet.
Refer to Planning & Development Committee
f) AB - 2318 Community Services Department submits bid opening results for the Sign Shop
Expansion project, and recommends awarding the contract to the lowest responsive and
responsible bidder Optimus Construction, in the amount of $690,124.64 pending
discussion of funding options.
Refer to Finance Committee
g) AB - 2321 Transportation Systems Division recommends approval of Supplemental
Agreement No. 6 to CAG-15-177, with OTAK, Inc., in the amount of $130,499, for
additional services related to the Lake Washington Loop Trail project.
Refer to Transportation (Aviation) Committee
h) AB - 2322 Transportation Systems Division recommends approval of Supplemental No. 7
to CAG-17-082, with Perteet, Inc., in the amount of $288,617, for the preparation of 90%
design plans and final construction documents for the Park Ave N Extension project.
Refer to Transportation (Aviation) Committee
i) AB - 2323 Transportation Systems Division recommends approval of Supplemental
Agreement No. 2 to CAG-17-128, with Gray & Osborne, in the amount of $133,827, for
construction management and inspection services for the Renton Ave S Resurfacing
project.
Refer to Transportation (Aviation) Committee
8. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Committee of the Whole: Residential Rental Registration and Inspection Program*; Policy
800-12 *
b) Finance Committee: Bad Debt Write-off; Utility Leak Adjustment - Lin; LTGO LRF Bonds*;
Vouchers
c) Transportation (Aviation) Committee: 1-405/44th St Interchange (WSDOT Acquisition)*;
Adoption of Title VI Plan*; BEFA Lease Addendum; Rainier Flight Services Lease; Airport
Preferred Airside Alternative
9. LEGISLATION
a) Resolution(s):
a) Resolution No. 4369 - WSDOT Acquisition for 1-405/NE 44th St Interchange Project (See
4.a.)
b) Resolution No. 4368 - Adopt Title VI Plan (See 8.c.)
c) Resolution No. 4365 - Adopt Council Policy & Procedure 800-12 (See 8.a.)
b) Ordinance(s) for first reading:
a) Ordinance No. 5922 - Townhouse Review Correction (See 7.e.)
b) Ordinance No. 5913 - Residential Rental Registration and Inspection Program (See 8.a.)
C) Ordinance(s) for first reading and advancement to second and final reading:
a) Ordinance No. 5921: Limited -Tax General Obligation (LTGO) Local Revitalization Area
(LRA) Bond (See Item 8.b.)
d) Ordinance(s) for second and final reading:
a) Ordinance No. 5919 - Wolf Woods Annexation (1st Reading 1/28/2019)
b) Ordinance No. 5920 - Wolf Woods Zoning (1st Reading 1/28/2019)
10. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
3:00 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/counciImeetings
AGENDA ITEM #3. a)
— — — — ; Denis Law Mayor
Rll
Proclamation
Whereas, the City of Renton celebrates and supports our local small businesses and the
contributions they make to our local economy and community;
Whereas, it is important for people to support the small businesses that they value in their
community; and
Whereas, Garland Jewelers has one of the oldest business licenses in the downtown area issued
on March 18, 1953; and
Whereas, Garland Jewelers has operated in the same downtown Renton building since 1954 and
is a memorial of that almost -bygone era; and
Whereas, Garland Jewelers has been one of few independent jewelry stores to survive an industry
that is essentially dominated by large chain stores located at the malls; and
Whereas, Gary Slotnik has kept the family tradition of selling, repairing, and appraising fine
jewelry alive since the purchase of the store from his father, Jack Slotnik, in 1985; and
Whereas, Garland Jewelers in downtown Renton has made the decision to close its doors after 65
years under Slotnik ownership; and
Whereas, the legacy of Garland Jewelers and the dedication of the Slotnik family to the vitality of
Downtown Renton are worthy of recognition for their contributions to the community.
Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim February 11, 2019,
to be
Garfandlewefers may
in the City of Renton, and I encourage all citizens to join me in this special observance.
In witness whereof, I have hereunto set my hand and caused the seal of
the City of Renton to be affixed this 11th day of February, 2019.
Deni Law, Mayor
City of Renton, Washington
Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
AGENDA ITEM #3. b)
� a
'� r� 4 Denis
Mayor
Procfamation
Whereas, the beginning of Black History Month was first called Negro History Week, as conceived
and announced by historian Carter G. Woodson and celebrated during a week in February 1926;
and
Whereas, in 1976, fifty years after the first celebration, the entire nation had come to recognize
the importance of Black history in the drama of the American story, and the week was expanded
to a month; and
Whereas, confident that their struggles matter in human history, black scholars, artists, athletes,
and leaders have used their talents to change how the world views African Americans; and
Whereas, African Americans, as well as other people of African descent, have been influential in
shaping world politics and diplomacy; and
Whereas, the Association for the Study of African American Life and History (ASALH) has selected
"Black Migrations" as the 2019 National Black History Month theme; and
Whereas, the City of Renton, in partnership and communication with residents, businesses, and
schools, is dedicated to building an inclusive city with opportunities for all; and
Whereas, Renton Highlands Library and Fairwood Library are hosting virtual tours of Renton's
African American historical sites on February 21st and 27th at 7:00 p.m.; and
Whereas, Renton African American Pastors and the City of Renton are honoring Black History
Month with "Realizing the Dream," a special event with speakers, drama performance, and a panel
dialogue on February 28th at 6:00 p.m. at SKY Center;
Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim the month of
February 2019 to be
XationaCBCack.�fistory Wontk
in the City of Renton, and I encourage all citizens to join me in learning more about the rich history
of African Americans during this special observance.
In witness whereof, I have hereunto set my hand and caused the seal
of th Z
f Renton be affixed this 11th day of February, 2019.
r
Denis Maw, Mayor
City of Renton, Washington
Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
AGENDA ITEM #3. c)
Denis Law Mayor
�1'roclamation
Whereas, the future is, to a large measure, dependent on the good health of our children and
families; and
Whereas, good health can be achieved in part through good dental habits and oral health care
learned early and reinforced throughout life; and
Whereas, good oral health contributes to better nutrition, improved ability to concentrate, and
improved school attendance; and
Whereas, the City of Renton is dedicated to a strong commitment to all children in our
community through many early childhood and school programs; and
Whereas, National Children's Dental Health Month is celebrated each February in order to raise
awareness about the importance of good oral health; and
Whereas, last year, the Center for Pediatric Dentistry at the University of Washington's School of
Dentistry welcomed children from throughout Washington for free preventive dental care at an
event called "Give Kids a Smile," that included an oral exam, teeth cleaning, X-rays, and fluoride
application, and the Center hopes to hold such an event this year as well;
Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim February 2019 to
be
NationaCCFiiCdren's lnentaC�feaCtFi 9l�lontFi
in the City of Renton, and I encourage all citizens to join me in this special observance.
In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to
be affixed this 4th day of February, 2019.
Denis Law, Mayor
City of Renton, Washington
Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
AGENDA ITEM #3. d)
Denis Law Mayor
11;R11
Procfamation
Whereas, heart disease continues to be the leading cause of death in the United States and
affects men and women of every age and race; and
Whereas, someone in the United States dies from cardiovascular disease every 38 seconds; and
Whereas, the chance of developing coronary heart disease can be reduced by taking simple
steps to prevent and control certain factors that put people at greater risk; and
Whereas, Renton Heart Month serves to increase public awareness of the importance of
fighting cardiovascular disease by developing good eating habits, being physically active, and
taking advantage of preventative screenings; and
Whereas, being aware of the warning signs of a heart attack or stroke and knowing what to
do may help save a life; all Renton residents are encouraged to learn how to perform
cardiopulmonary resuscitation (CPR) and use an automatic external defibrillator (AED);
Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim February 2019
to be
Renton Ynfeart Wonth
and I encourage all residents to increase their awareness of cardiovascular disease, detection,
and prevention by participating in this important community risk reduction campaign.
In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to
be affixed this 4th day of February, 2019.
r
Denis L w, Mayor
City of Renton, Washington
Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
WSDOT Acquisition
For Im405 and NE 44th Street
Interchange
Public Hearing
Monday, February 4, 2019
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BACKGROUND
WSDOT is planning improvements to
1-405 between SR167 and NE 6th St in
Bellevue for widening and Express Toll
Lanes Project
• Project is currently out for proposals for
design -build contractors
• The focus of this request is the NE 44th
St Interchange � --
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BACKGROUND
*This information and request for
acquisitions was previously submitted
for review on April 26,, 2018 in the
Agenda Bill for the WSDOT Interlocal
Agreement
•There are two City -owned properties
involved in this acquisition request.
CITY OF
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PROPERTY
ACQUISITION
• Area contains
45,,225 sgft +
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PROPERTY ACQUISITION
• Property was acquired by the City in
2015 in part using King County's
Conservation Futures Levy through
an interlocal agreement.
• Right of Way take will be 45,225
sgft and the remainder of the City
property will be 276,,905 sgft m
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PROPERTY ACQUISITION
• The compensation was set at $20,,000.
• Due to the original funding source for
the purchase of the property, $10,000
which equals 50% of the total
compensation will need to be
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reimbursed to King County.
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TEMPORARY
EASEMENT
• Easement
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2,,878 sgft +
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TEMPORARY EASEMENT
• Property was acquired by the City in
December 2017,
• Easement will encumber 2,,878 sgft of
the total parcel area of 357,673 sgft
.CITY OF
entonO
TEMPORARY EASEMENT
• The compensation was set at $1,,000.
• The temporary easement will terminate
5 years from commencement of
construction or December 31,, 2029,?
whichever date occurs first.
CITY OF
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STAFF RECOMENDATION
The Community and Economic Development
Department recommends that Council approve
the request to authorize the following:
%' The Mayor and City Clerk to execute the WSDOT
documentation for the Temporary Construction
Easement and the Warranty Deed for the Right of
Way take.
✓Authorize accepting the compensation from WSDOT.
� The disbursement of funds to King County in the
amount of $10,000. CITY OF
Renton O
NEXT STEPS
If Council approves this authorization:
• WSDOT documentation will be signed
and returned to WSDOT
• Accept compensation from WSDOT
• Disburse funds to King County
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AGENDA ITEM #7. a)
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MINUTES
City Council Regular Meeting
7:00 PM - Monday, January 28, 2019
Council Chambers, 7th Floor, City Hall — 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Persson called the meeting of the Renton City Council to order at 7:00
PM and led the Pledge of Allegiance.
ROLL CALL
Councilmembers Present: Councilmembers Absent:
Don Persson, Mayor Pro Tempore Armondo Pavone
Randy Corman
Ryan Mclrvin
Ruth Perez
Ed Prince
Carol Ann Witschi, Council President Pro Tempore
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT
COUNCILMEMBER ARMONDO PAVONE. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Robert Harrison, Chief Administrative Officer
Alex Tuttle, Assistant City Attorney
Jason Seth, City Clerk
Ellen Bradley-Mak, Human Resources / Risk Management Administrator
Gregg Zimmerman, Public Works Administrator
Jennifer Henning, Planning Director
Wendy Rittereiser, Benefits Manager
Angie Mathias, Long Range Planning Manager
Commander Dan Figaro, Police Department
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
SPECIAL PRESENTATION
a) Councilmember Ruth Perez Recognition by Association of Washington Cities (AWC): Peter
King, Chief Executive Officer of AWC, provided a brief presentation recognizing
Councilmember Ruth Perez for successfully completing AWC's Certificate of Municipal
Leadership training program. Councilmember Perez accepted the certificate with
appreciation.
PUBLIC HEARING
a) Wolf Woods Annexation - 60% Petition & Zoning (A-17-002): This being the date set and
proper notices having been posted and published in accordance with local and State laws,
Mayor Pro Tempore Persson opened the public hearing to consider the 60% Notice of Intent
to Commence Annexation Proceedings petition and zoning for the proposed Wolf Woods
Annexation.
Long Range Planning Manager Angie Mathias reported that the proposed Wolf Woods
Annexation site is in the East Plateau Community Planning Area Potential Annexation Area
(PAA), and contains single-family homes and vacant property. She noted that the topography
of the area has some steep slopes, indicating that the critical area regulations would apply to
the area. Greenes Creek is located on site and it is a Type Ns Stream that does not contain fish
and has a seasonal flow, and there are wetlands located about 200 feet south of the site.
Additionally, she noted that none of the area's public services would change: the area would
stay within the Issaquah School District, would be served by the Renton Regional Fire
Authority, and it would remain within water district #90 and the Renton Sewer Utility.
Reviewing the site's zoning, Ms. Mathias stated that the area is designated in King County's
Comprehensive Plan as Urban Residential Medium (four to twelve dwelling units per acre)
and the Renton Land Use designation is Residential Low Density which allows for RC, R-1, or
R-4 zoning if annexed into the City. She reported that the City's Comprehensive Plan pre -
zoned the site in 1997 with an R-5 zoning. However, the City no longer has R-5 zoning, so staff
recommends R-4 zoning.
Ms. Mathias reported that there are five dwellings within the area with an estimated 11
residents. It is estimated there would be eight additional dwelling units with an estimated 18
more residents, based on the zoning standards over the next 10 years. If annexed, a
conservative estimate of the fiscal impacts are that there would be a 3.3% annual cost
increase and a 2.5% annual revenue increase.
Concluding, Ms. Mathias stated that the proposed annexation is generally consistent with City
annexation policies and Boundary Review board objectives, and the City's best interests and
general welfare would be served by this annexation.
There being no public comment it was,
MOVED BY WITSCHI, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC
HEARING. CARRIED.
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL AUTHORIZE FIRST READING
OF THE WOLF WOODS ANNEXATION AND ZONING ORDINANCES AT TONIGHT'S
MEETING. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Robert Harrison reviewed a written administrative report
summarizing the City's recent progress towards goals and work programs adopted as part of
its business plan for 2019 and beyond. Items noted were:
• The Mayor's State of the City address has been postponed to February 28, 2019. The
event will take place at the Renton Pavilion Event Center, 253 Burnett Ave S. Tickets
are $25/person or $200/table. To purchase tickets please contact Jeannie Gabriel at
425-430-6616 orjgabriel@rentonwa.gov.
• The Renton Elementary and Middle School Crossings project has been selected for a
$555,000 grant. This grant involves multiple crosswalk improvements, including the
installation of rectangular rapid flashing beacons at three schools: Sierra Heights
Elementary School, McKnight Middle School, and Maplewood Heights Elementary
School.
• The City of Renton is seeking candidates to serve on the Senior Citizens Advisory
Board. The board acts in an advisory capacity on matters of particular interest to
senior citizens in the Renton community. To apply, download an application from the
city's website or call 425-430-6632 to have one mailed. Applications are also available
at the Renton Senior Activity Center. Completed applications should be returned to
Debbie Little at the Senior Activity Center or mailed to the Mayor's Office.
Applications must be received by 5 p.m. on February 15, 2019.
• The Public Works Department would like to remind residents to help us prevent local
residential street flooding by monitoring catch basins near your home and keeping
them clear of leaves and other debris. Street sweepers are dispatched daily to clean
up debris along major arterials. Also expect the chance of lowland snow during the
winter months. Please remember that during snow and ice events, the department
sanders and snow plows are dispatched to keep major arterials drivable. Visit the
City's website to view snow route maps. It is imperative that motorists do not park or
abandon their vehicles within any portion of the traffic lanes. Abandoned vehicles
impair snow and ice removal and impact response of emergency vehicles.
• The Public Works Department seeks your input during a public open house featuring
the Wells Avenue South and Williams Avenue South Conversion Project on
Wednesday, January 30 from 3-6 p.m. at the downtown Renton Library located at 100
Mill Avenue South over the Cedar River. The event will be held in the large conference
room. This project will construct revisions to convert Wells Avenue South and
Williams Avenue South to two-way streets. Questions about the open house may be
directed to the Transportation Division at 425-430-7380.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
AUDIENCE COMMENTS
• Jeff Dineen, Renton, read a prepared statement regarding concerns related to noise
and lead fuel consumption of pleasure craft that utilize the Renton Municipal Airport.
He urged Council to address these concerns as part of the Airport's Master Plan
Update process.
CONSENT AGENDA
Councilmember Mclrvin requested Consent Agenda Item 7.f be removed for separate consideration. All
other items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of January 14, 2019. Council Concur.
b) AB - 2309 Administrative Services Department submitted a water leak adjustment request
from Ping Lin, owner of the service address of 1531 N 3rd St, and recommended granting an
adjustment in the amount of $5,004.53 for applicable water, sewer, and King County Metro
charges in accordance with RMC 8-4-46 and 8-5-23. Refer to Finance Committee.
c) AB - 2314 Administrative Services Department submitted a list of outstanding debts, and
requested approval to write-off bad debt that cannot be collected in the amount of
$20,278.27. Refer to Finance Committee.
d) AB - 2316 Administrative Services Department recommended approval to issue Limited -Tax
General Obligation (LTGO) bonds generating approximately $8.5 million in project proceeds
funded by a local option sales and use tax to fund public infrastructure in the South Lake
Washington Revitalization Area. Refer to Finance Committee.
e) AB - 2308 Human Resources / Risk Management Department recommended adopting a
resolution that 1) approves an administrative change to the City's deferred compensation
457(b) plan allowing members to rollover Roth contributions to the plan, and 2) authorized
the City's 457 Committee to make administrative revisions to the plan as long as they do not
impact the City's budget. Council Concur.
g) AB - 2310 Transportation Systems Division recommended adoption of a Title VI Plan ensuring
that the provision of benefits and services, and transportation decision making are conducted
in a non-discriminatory manner. Refer to Transportation (Aviation) Committee.
h) AB - 2305 Transportation Systems Division submitted CAG-16-049, Sunset Lane NE
Improvements project, contractor Road Construction Northwest, and requested acceptance
of the project after 60 days, subject to receiving all required certifications. Council Concur.
MOVED BY PRINCE, SECONDED BY WITSCHI, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, MINUS ITEM 7.F. CARRIED.
SEPARATE CONSIDERATION - ITEM 7.F.
f) AB - 2312 Transportation Systems Division recommended approval of an agreement with King
County Metro Transit, in the amount of $126,352, for the purchase of ORCA Business Cards
and ORCA Business Passport products in support of the City's Commute Trip Reduction (CTR)
program. n„f,., +„ T. ,RSP,,,+ ,+o,.R (Av alien) r,,..........a++,.,.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEM 7.F. AS COUNCIL CONCUR. CARRIED.
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
UNFINISHED BUSINESS
a) Utilities Committee Chair Perez presented a report concurring in the staff recommendation to
authorize the Mayor and City Clerk to execute the agreement with KPG, Inc. in the amount of
$424,541 for design services and water improvements for the NE 16th Street —Jefferson Avenue
NE Stormwater Green Connections Project.
MOVED BY PEREZ, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
b) Utilities Committee Chair Perez presented a report concurring in the staff recommendation to
authorize the Mayor and City Clerk to execute the Water Quality Grant Agreement WQSWPC-
2016-Renton-00058 with the Department of Ecology to accept $250,000 in grant funds for the SE
172nd Street and 125th Avenue SE Green Stormwater Infrastructure Design Project.
MOVED BY PEREZ, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
c) Utilities Committee Chair Perez presented a report concurring in the staff recommendation to
authorize the Mayor and City Clerk to execute the agreement with Louis Berger U.S., Inc. in the
amount of $111,600 for engineering design services for the Heather Downs Detention Pond
Water Quality Retrofit Project.
MOVED BY PEREZ, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
d) Planning & Development Committee Chair Prince presented a report concurring in the staff
recommendation to:
1) Approve the interlocal agreement between the cities of Bellevue, Issaquah, Kirkland, Redmond
and Renton that will formalize the cooperative effort to support a robust entrepreneur and small
business ecosystem on the Eastside; and
2) Authorize the Mayor to execute said agreement in the same form and commit $15,000
annually for 2019 and 2020 to fund Startup 425 management and day-to-day operations.
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
e) Planning & Development Committee Chair Prince presented a report concurring in the staff
recommendation to refer this matter to the Planning Commission to consider amending the
regulations regarding recreational uses in mixed use projects in the Urban Center zone, and
prepare an ordinance to be presented for first reading when it is complete.
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
LEGISLATION
Resolutions:
a) Resolution No. 4364: A resolution was read adopting an amended Section 18, Rollover
Contributions, of the Adoption Agreement contained within the City's 457(b) Deferred
Compensation Plan, and authorizing the 457(b) Deferred Compensation Plan Committee to
amend or update the City's 457(b) Deferred Compensation Plan, provided that such
amendments or updates do not impact the City's budget.
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
AGENDA ITEM #7. a)
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
b) Resolution No. 4366: A resolution was read adopting an updated Renton Trails and Bicycle
Master Plan and Map.
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
c) Resolution No. 4367: A resolution was read authorizing the Mayor and City Clerk to enter into
an interlocal agreement with the cities of Bellevue, Issaquah, Kirkland, and Redmond entitled
"Interlocal Agreement Establishing A Cooperative Effort To Support Regional Economic
Development (Startup 425)."
MOVED BY PRINCE, SECONDED BY PEREZ, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
Ordinances for first reading:
d) Ordinance No. 5919: An ordinance was read annexing certain territory to the City of Renton
(Wolf Woods Annexation; File No. A-17-002).
MOVED BY WITSCHI, SECONDED BY PEREZ, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
e) Ordinance No. 5920: An ordinance was read establishing the zoning classification of certain
property annexed within the City of Renton from R-4 (Urban Residential 4 Dwelling Units Per
Acre, King County Zoning) to R-4 (Residential 4 Du/AC; four dwelling units per acre, City of
Renton Zoning) (Wolf Woods Annexation; File No. A-17-002).
MOVED BY PRINCE, SECONDED BY PEREZ, 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 Perez commented that she had received several emails from residents
complaining of strong smells and bad odors.
MOVED BY PEREZ, SECONDED BY PRINCE, COUNCIL REFER EMAILS REGARDING
STRONG SMELLS AND BAD ODORS RECEIVED FROM RENTON RESIDENTS TO THE
ADMINISTRATION. CARRIED.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY WITSCHI, COUNCIL ADJOURN. CARRIED. TIME:
7:30 P.M.
Jason A. Seth, CMC, City Clerk
Jason Seth, Recorder
Monday, January 28, 2019
January 28, 2019 REGULAR COUNCIL MEETING MINUTES
Council Committee Meeting Calendar
AGENDA ITEM #7. a)
January 28, 2019
February 4, 2019
Monday
3:30 PM Finance Committee, Chair Pavone - Council Conference Room
1 . Bad Debt Write-off
2. Utility Leak Adjustment - Lin
3. LTGO Bond Issuance
4. Vouchers
5. Emerging Issues in Finance
4:30 PM Community Services Committee, Chair Witschi - Council Conference Room
1 . Recreation Brochures Update
2. Aquatics Scheduling Update
3. Scholarship Program Update
4. Emerging Issues in Community Services
5:00 PM Transportation Committee, Chair Mclrvin - Council Conference Room
1 . BEFA Lease Addendum
2. Rainier Flight Service Lease Agreement
3. Adoption of Title VI Plan
4. WSDOT Acquisition 1-405/NE 44 St. Interchange
5. Airport Preferred Airside Alternative
6. Emerging Issues in Transportation
• 608 Building - Northwest Seaplanes
• PSE Hangar
6:00 PM Committee of the Whole, Chair Persson - Chambers
1 . Parks, Recreation and Natural Areas Plan Update
2. KC METRO Rapid Ride I -Line Introduction
3. Emerging Issues
AGENDA ITEM #7. b)
AB - 2320
C[TY OF
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SUBJECT/TITLE: Appointment to Benson Hill Community Plan Advisory Board
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Executive Department
STAFF CONTACT: April Alexander, Executive Assistant
EXT.: 6520
None
Mayor Law appoints Mr. Martin Dawood to the Benson Hill Community Plan Advisory Board for an unexpired
term expiring 8/1/20.
A. Recommendation Memo
B. Application -Martin Dawood
Confirm Mayor Law's appointment of Mr. Martin Dawood to the Benson Hill Community Plan Advisory Board.
AGENDA ITEM #7. b)
CITY OF RENTON APPLICATION FOR
BOARDS/COMMISSIONS/COMMI TfEES
If you are interested in participating in local government by membership on any of the following City boards,
commissions, or committees, please complete this application and return it to:
Office of the Mayor
City of Renton
LOSS South Grady Way
Renton, WA 98057
Check the boards/commissions/committees in which you are interested:
AIRPORT ADVISORY COMMITTEE*
CIVIL SERVICE COMMISSION*
HISTORICAL/MUSEUM BOARD*
HOUSING AUTHORITY*
HUMAN SERVICES ADVISORY COMMITTEE*
LIBRARY ADVISORY BOARD*
❑ MUNICIPALARTSCOMMISSION*
❑ PARKS COMMISSION*
❑ PLANNING COMMISSION*
❑ SENIOR CITIZENS ADVISORY COMMITTEE*
❑ SISTER CITY COMMITTEE - CUAUTLA
❑ SISTER CITY COMMITTEE - NISHIWAKI
COMMUNITY PLAN ADVISORY BOARD: &J\So r , W1 l (Community Planning Area)
*Special membership requirements apply. Visit www.rentonwa.gov or ca11425-430-6500 for details.
Your application will be given every consideration as vacancies occur.
MR.1[0 MS. ❑ NAME Mc.�\-"n �)CkUI0001 DATEi/ I7-120icl
ADDRESS I1161a 5E 1(0G %' P1 ZIPCODE_-9b0'St
PHONE: DAY 5cq-�1'i5-c7a�IO EVENING 50q-A�5-<-"34O EMAIL IhaC� r\c ��r"cll c� yGinDo•CAnn
RENTON RESIDENT? ye S IF SO, SINCE WHEN? 2015-
CITY OF FORMER RESIDENCE sL" }<< , L,3 0,
EDUCATIONAL BACKGROUND 15A ^w t1aC'll�ves4 U�.vesS 4-(
�CWu/�E rh CtrI. e22 � L)V\'W-G;- .l ac WaS1n. h^
OCCUPATION__ C-t-,e ,k EMPLOYER Am' . S fx,s`Fs
OCCUPATIONAL BACKGROUND Lan ru wl fdr -o C �3� t 5 S}ct� • ,.�
aS av\ il�ouc��l eV1nfJ(d�aA a� You VcrS+e ri+i�� �wc:`,f,l
COMMUNITY ACTIVITIES (organizations/clubs/service groups, etc.) e F .
REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE L-S Gc c.r4 &0% ,, Vt-C
�� plo,,,{•�*t rfle;s ar,�l ,�l ,� � I�...c lor� �cc'r`..
CAN ATTEND DAY MEETINGS? 1Ie-5 CAN ATTEND NIGHT MEETINGS? y9-5
Applications will be kept on file for one year. If you have questions about serving on a board,
commission, or committee, please feel free to contact the Mayor's Office at 425-43"500.
AGENDA ITEM #7. c)
AB - 2311
C[TY OF
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SUBJECT/TITLE: Adopt Amended Council Policy & Procedure 800-12 - Contracting
Authority
RECOMMENDED ACTION: Refer to Committee of the Whole
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
N/A
Council Policy & Procedures are updated periodically. On December 10, 2018 Council adopted Resolution No.
4363 adopting revised versions of 12 of the 13 Council policies. On January 14, 2019, Council discussed and
debated the merits of the revised version of Policy & Procedure 800-12 - Contracting Authority, which is the
one policy not adopted in December 2018. The draft version of 800-12 presented to Council on January 14,
2019 has been revised to reflect the changes requested by Council on that date.
A. Resolution
Adopt Council Policy & Procedure 800-12 - Contracting Authority
AGENDA ITEM #7. c)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING COUNCIL
POLICY 800-12.
WHEREAS, the Council desires to update, revise, and modernize Policy No. 800-12,
Contracting Authority, to reflect current practices, updated legal requirements and/or improved
efficiencies, and to clarify administrative matters, including contract approval authority, which
the Council delegates to the Mayor and/or defers to the Mayor's role to supervise the
administrative affairs of the City in order to maintain an efficiently operated government;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Council hereby amends the City of Renton Policy & Procedure 800-12,
Contracting Authority, to read as attached hereto and incorporated herein as if fully set forth.
PASSED BY THE CITY COUNCIL this day of , 2019.
APPROVED BY THE MAYOR this
Jason A. Seth, City Clerk
day of , 2019.
Denis Law, Mayor
1
RESOLUTION NO.
AGENDA ITEM #7. c)
Approved as to form:
Shane Moloney, City Attorney
RES:1799:1/30/19:scr
AGENDA ITEM #7. c)
RESOLUTION NO.
Aourtk
PRI
POLICY & PROCEDURE
Subject: Index: LEGISLATIVE
CONTRACTING AUTHORITY Number: 800-12
Effective Date: Supersedes: Page: Staff Contact: Approved By:
1/28/2019 11/16/2015 1 of 5 CAO Resolution # on
1.0 PURPOSE:
To maintain an efficient form of government, it is necessary for the Council to delegate
contract approval authority to the Mayor for specific types of contracts without prior City
Council review or subsequent ratification.
2.0 ORGANIZATIONS AFFECTED:
Mayor and departments/divisions
3.0 REFERENCES:
Applicable Administrative Policies (currently Policy & Procedure 250-02)
RCW 35A.11.010 and 020 (Council Authority and Powers of Council)
RCW 35A.12.065 (Pro Tempore Appointments)
RCW 35A.12.100 (Authority and Powers of Mayor)
Chapter 39.04 RCW (Public Works Procurement)
RCW 39.04.155 (Small Works Roster Contract Procedures)
RCW 39.04.280 (Competitive Bidding Requirements — Exemptions)
Chapter 39.34 RCW (Interlocal Cooperation Act)
ElK1�007I[VIA
4.1 All statutory bidding and contracting requirements, as set forth in State law shall
be followed.
4.1.1 The Mayor is authorized to establish and/or use a small works roster or
rosters and develop procedures for the administration thereof for all
contracts up to $300,000, as it exists or may be amended or recodified in
the future.
4.2 To assist in contract management and retention, all contracts should include a
date by which full performance of the contract shall be complete.
3
AGENDA ITEM #7. c)
RESOLUTION NO.
4.3 All contracts should, before presentation to Council, be approved as to from by
the City Attorney Department.
4.4 All contracts shall be memorialized in writing and filed in the City Clerk Division.
4.5 The City Council shall receive an informational list of all contracts every quarter.
This list shall include, but not be limited to, date of expiration, amount of contract,
department responsible for the contract, expected completion date of contract,
and summarized scope of work. Contract Amendments exceeding the greater of
$100,000 or 10% of the original contract amount shall be highlighted within the
list.
4.6 Except as otherwise specified herein, the Mayor or his or her designee has
authority to approve and sign the following types of contracts without need for
separate Council approval or ratification:
4.6.1 All contracts for which the Original Contract Value is less than $100,000.
4.6.2 All contracts settling claims, litigation or threatened litigation for which the
Original Contract Value, less any contribution from a City insurance policy,
does not exceed $250,000.
4.6.3 All contracts awarded pursuant to small works procedures adopted and
administered by the Mayor pursuant to Section 4.1.1 herein.
4.6.4 All contracts, with an Original Contract Value between $100,000 and
$300,000 that contain specific intelligence information, the nondisclosure
of which is essential to effective law enforcement, so long as sufficient
funding is budgeted for the expenditure, and the Chair of the Public Safety
Committee is notified of the contract prior to its execution so that he or
she can, if he or she deems appropriate, request such contract be brought
to the full Council for approval.
4.6.5 Contract Amendments for which the Amendment Value does not exceed
$100,000.
4.6.6 Contracts and/or Contract Amendments specifically authorized by other
Council action.
4.6.7 Work Orders issued pursuant to RCW 39.10.450 so long as the overarching
Job Order Contract was previously approved by Council.
4.6.8 Annual technology hardware, software, or services renewal agreements
including annual license renewals, subscription services, support and
21
AGENDA ITEM #7. c)
RESOLUTION NO.
maintenance extensions, and general services renewals which do not
exceed $250,000.
4.7 Notwithstanding anything to the contrary in Section 4.6 of this policy, the
following types of contracts require advance Council approval prior to the Mayor
or designee's signature:
4.7.1 Any contract for the sale or purchase of real estate.
4.7.2 Any contract to lease or otherwise encumber (e.g. via license or access
agreement) City -owned real estate for a period of more than one (1) year
unless the contract provides the City with an option to terminate the lease
early without cause or damages by providing no more than six (6) months'
notice of termination.
4.7.3 Public Works contracts that require award by the City Council pursuant to
Chapter 39.04 RCW.
4.7.4 Any contract that transfers risk to the City of third party claims arising out
of a contractor's misconduct or negligence if the risk transferred thereby
would not be covered by the City's insurance policies. Any such provision
in a contract that is not approved by the Council shall be void and
unenforceable.
4.7.5 Any interlocal agreement entered into under the express authority of
Chapter 39.34 RCW.
4.7.6 Any contract that, pursuant to applicable law, requires authorization from
the City Council.
4.7.7 Any Contract or Contract Amendment for which the Mayor is not
authorized to approve by Section 4.6 of this policy.
4.8 Work on a contract requiring City Council approval should not commence until
such approval has been granted as authorized in this policy. However, work
outside of the contract's original scope due to changed conditions on a public
works construction project may proceed prior to formal approval of a Contract
Amendment that exceeds the Mayor's approval authority, if the Mayor or
designee determines such additional work is necessary to be performed without
delay in order to avoid increased costs or other inefficiencies. Promptly after
authorizing work that staff determines will require a Council approved Contract
Amendment, the Mayor or designee will provide the City Council with notice of
the work authorized pursuant to this Section. Once the cost of the work
5
AGENDA ITEM #7. c)
RESOLUTION NO.
authorized pursuant to this Section is determined, a Contract Amendment will be
presented to the Council for ratification.
4.9 In the event an emergency situation arises which necessitates a deviation from
this policy or applicable bidding or procurement laws, the Mayor may, pursuant
to RCW 39.04.280, declare an emergency situation exists, waive competitive
bidding requirements, and award all necessary contracts on behalf of the City of
address the emergency situation. Within two weeks of awarding an emergency
contract, the Mayor shall provide Council with a written finding of the existence
of the emergency and notice of the contract(s) awarded pursuant to the authority
granted in this section. Such finding and notice shall be memorialized with the City
Clerk and published on the City's website and/or in the next Council agenda
packets, as the City Clerk deems appropriate.
5.0 DEFINITIONS:
5.1 Amendment Value: Amendment Value is the dollar value of all Consideration
provided by the City to the other contracting party or parties as consideration for
an individual Contract Amendment. Calculation of Amendment Value should be
calculated consistent with the guidelines for calculating Original Contract Value.
5.2 Consideration: A value of exchanged or promised to be exchanged. Consideration
can be in the form of a service, money, and/or property, and can also be a promise
not to do something that the contracting party would otherwise be lawfully
permitted to do.
5.3 Contract: Any agreement (written, oral, or implied) with another entity that legally
binds the City to provide Consideration.
5.4 Contract Amendment: A modification or change in terms to a previously executed
Contract, regardless of form or label (e.g. addendum, amendment, change
order...).
5.5 Emergency: Unforeseen circumstance beyond the control of the City that either
a) present a real, immediate threat to the proper performance of essential
functions, or b) will likely result in material loss or damage to property, bodily
injury, or loss of life, if immediate action is not taken.
5.6 Mayor: The elected Mayor of the City of Renton, his or her designee(s), and/or a
pro tempore Mayor appointed temporarily pursuant to RCW 35A.12.065.
5.7 Original Contract Value: Original Contract Value is the dollar value of all
Consideration provided by the City to the other contracting party or parties in the
original contract. Calculation of Contract Value involving services or property
0
AGENDA ITEM #7. c)
RESOLUTION NO.
exchanged should include a reasonable estimate of the fair market value of
services and property provided by the City as Consideration.
6.0 PROCEDURES:
Procedural matters regarding bidding and contracting are the responsibility of the
Administration. This includes, but is not limited to, formally designating those who may
approve and/or sign contracts on the Mayor's behalf and developing/updating
procurement policies and procedures designed to comply with applicable laws.
7
AGENDA ITEM #7. d)
AB - 2319
C[TY OF
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SUBJECT/TITLE: Contract Award: City Hall Elevator Modernization Project - Phase 2;
CAG-18-216
RECOMMENDED ACTION: Council Concur
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
$115,207.40. Total budget for this project is $3,200,000. $1,646,398 was previously awarded for Phase 1 of
the project.
Engineer's Estimate: $160,000
A bid opening for this project was conducted on January 29, 2019. In accordance with Council policies, the bid
met the following requirements:
1) There was more than one bid,
2) The lowest bid was within budget, and
3) There were no irregularities with the lowest responsive and responsible bid.
Therefore, staff recommends awarding the City Hall Elevator Modernization Project - Phase 2 to the lowest
responsible and responsive bidder, R.C. Zeigler Company, Inc. in the amount of $115,207.40.
A. Staff Recommendation
B. Bid Tab
C. Contract
Accept the lowest responsible and responsive bid and award the City Hall Elevator Modernization Project -
Phase 2 to R.C. Zeigler Company, Inc. in the amount of $115,207.40.
AGEND 7. d)
CITY OF
COMMUNITY SERVICES Renton O
DEPARTMENT
CITY OF RENTON
M E M O R A N D U M
JAN 2 9 2019
RECEIVED
DATE: January 29,2019 CITY CLERK'S OFFICE
TO: Jason Seth, City Clerk
FROM: Russ Woodruff, Capital Project Coordinator
SUBJECT: Recommendation for Bid Award for City Hall Elevator
Modernization Project — Phase 2
Community Services, Facilities Division has reviewed the bids that were submitted for
the City Hall Elevator Modernization Project - Phase 2. We recommend that the bid be
awarded to R.C. Zeigler Company, Inc. POB 995, Carnation, WA 98014. R.C. Zeigler
Company, Inc. was the lowest responsive bidder.
R.C. Zeigler Company, Inc., the lowest responsible bidder, submitted a bid of
$115,207.40 (including WSST) to provide required improvements within the elevator
mechanical room as well as related areas. The architect's estimate for this work was
$160,000.00. The overall project budget is estimated to be $3,200,000.00. A previous
contract in the amount of $1,646,398.00 (including WSST) was awarded for Phase 1 of
the Elevator Modernization Project. Phase 1 is also being performed by the R.C. Zeigler
Company. The remaining elevator project -related work for the generator will be bid later
this year.
After the award of the contract, R.C. Zeigler Company will be responsible for providing
all labor and materials required to complete the work as described in the contract
documents.
Cc: Robert Harrison, CAO
Kelly Beymer, Community Services Administrator
Jeff Minisci, Facilities Director
CITY OF RENTON AGENDA ITEM #7J.co
BID TABULATION SHEET
Project: City Hall Elevator Modernization - Phase II - CAG-18-216
Date: January 22, 2019
FORMS
Bid Total from
Bidder
Schedule of Prices
Proposal
Bid
Cert
Non
Addenda
& Aff.
Bond
Compl
Collusion
1
*Includes Sales Tax
Oak Hills Construction
901 Algona Blvd. N, Suite A
1 Algona
X
X
X
X
X
$147,400.00
WA
98001
Rob
Vreugdenhil
R.C. Zeigler Company
P.O. Box 995
2 Carnation
X
X
X
X
X
$115,207.40
WA
98014
Jessie
Zeigler
3
4
Engineer's Estimate $160,000.00
AGENDA ITEM #7. d)
AGREEMENT
CONTRACT NO. CAG-18-216
THIS AGREEMENT, made and entered into this [Enter Date] day of [Enter Month], [Enter Year] by and between the CITY
OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City" and R. C.
Zeigler Company, Inc. , hereinafter referred to as "Contractor."
Now, therefore the parties agree as follows:
1. Agreement. This agreement incorporates the following documents as if fully set forth herein: the City's Contract Bid
Documents for the Project, including but not limited to Bid package, Instructions to Bidder, General Conditions
Addenda, Proposal Form, Supplemental Conditions, Special Provisions, Contract Plans, and Amendments to the
Standard Specifications; Contractor's Proposal and all documents submitted therewith in response to the City's Call
for Bids Documents; and any additional documents referenced as comprising the Contract and Contract Documents
as revised by the Amendments and Special Provisions included with the City's Call for Bids and Contract Documents.
2. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project
entitled General Construction for Renton City Hall Elevator Modernization — Phase 2, CAG-18-216, including all
changes to the Work and force account work, in accordance with the Contract Documents.
3. Payments. City shall pay Contractor at the unit and lump sum prices, and by force account as specified in the
Proposal according to the Contract Documents as to time, manner, and condition of payment in a contract amount
not to exceed $104,734.00 — Base Bid, $10,473.40 —Sales Tax, for a total of $115,207.40, unless modified by an
approved change order or addendum. The payments to Contractor include the costs for all labor, tools, materials
and equipment for the Work.
4. Completion Date. Contract time shall commence upon City's Notice to Proceed to Contractor. The Work under this
Agreement shall be completed within the time specified in the Contract Bid Documents. If the Physical Workunder
this Agreement is not completed within the time specified, Contractor shall pay liquidated damages and all
engineering inspection and supervision costs to City as specified in the Contract Bid Documents.
5. Independent Contractor. Contractor's employees, while engaged in the performance of any of Contractor's services
under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives
of Renton and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor's
relation to Renton shall be at all times as an independent contractor. Any and all Workman's Compensation Act
claims on behalf of Contractor employees, and any and all claims made by a third -party as a consequence of any
negligent act or omission on the part of Contractor's employees, while engaged in services provided to be rendered
under this Agreement, shall be the solely Contractor's obligation and responsibility.
6. 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.
7. 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.
AGENDA ITEM #7. d)
8. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be
entitled to recover its costs, including reasonable attorney's and expert witness fees.
9. Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except as
expressly provided in this Agreement.
10. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for
all purposes be deemed an original.
General Construction for Renton City Hall Elevator Modernization -
Phase 2 [Enter Agreement Name]
City of Renton [Enter Date]
AGENDA ITEM #7. d)
IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its City Clerk and
the Contractor has hereunto set his hand and seal the day and year first above -written.
CONTRACTOR:
President/Partner/Owner
Secretary
d/b/a R. C. Zeigler Company, Inc.
CHECK ONE:
FIRM INFORMATION
❑ Limited Liability Company
STATE OF INCORPORATION: [Enter state of incorporation]
CONTRACTOR CONTACT INFORMATION:
R. C. Zeigler Company, Inc.
P. O. Box 995
Carnation, Washington 98104
1-425-333-4797
jczeigler@rczeigler.com
CITY OF RENTON:
Denis Law, Mayor
ATTEST
Jason Seth, City Clerk
❑ Partnership
❑ Corporation
CITY CONTACT INFORMATION:
City of Renton
1055 South Grady Way
Renton, WA 98057
1-425-430-6602
rwoodruff@rentonwa.gov
Attention:
If business is a CORPORATION, the name of the corporation should be listed in full and both the President and Secretary must sign the
contract. OR, if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City and made a part
of the contract document.
If the business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and firm or
trade name. Any one partner may sign the contract.
If the business is a limited Liability Company, an authorized managing member or manager must sign followed by his/her title.
Alaukk
General Construction for Renton City Hall Elevator Modernization -
Phase 2 [Enter Agreement Name]
[Enter Date]
City of Renton
AGENDA ITEM #7. e)
AB - 2280
C[TY OF
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SUBJECT/TITLE: Townhouse Review Ordinance Correction
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Paul Hintz, Senior Planner
EXT.: 7436
N/A
A change to Title IV of Renton Municipal Code to increase the maximum allowed height of vertically mixed -use
buildings in the Commercial Arterial (CA) zone from 60' to 70' was intended to be made as part of the
"Townhouse Review" (D-150) docket item of Docket Group 13. However, due to a scrivener's error the change
was not made.
A. Ordinance
Refer to the Planning & Development Committee for review. Following this review, a corrective ordinance will
be presented for first reading.
AGENDA ITEM #7. e)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
MAXIMUM BUILDING HEIGHT FOR VERTICALLY MIXED -USE BUILDINGS IN THE
CA (COMMERCIAL ARTERIAL) ZONING DESIGNATION IN SUBSECTION 4-2-120.A
OF THE RENTON MUNICIPAL CODE, AND PROVIDING FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in Ordinance No. 5899, adopted on November 19, 2018, the City Council
adopted updated development regulations regarding townhouses and residential mixed -use
development; and
WHEREAS, Ordinance No. 5899's Section V and Attachment C amended the maximum
allowed height for vertically mixed -use buildings with residential above ground floor commercial
in the Center Village (CV) zone, but mistakenly omitted a height increase for the CA (Commercial
Arterial) zoning designation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. The Maximum Building Height for vertically mixed -use buildings in the CA
(Commercial Arterial) zoning designation in subsection 4-2-120.A of the Renton Municipal Code
is amended as shown on Attachment A. All other provisions of subsection 4-2-120.A remain in
effect and unchanged.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
1
AGENDA ITEM #7. e)
ORDINANCE NO.
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV. This ordinance shall be in full force and effect 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 , 2019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2019.
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2057:1/22/19:scr
Denis Law, Mayor
2
ORDINANCE NO.
ATTACHMENT A
4-2-120.A, Denisty and Height
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, CA, & UC)
CN
CV
CA
UC
HEIGHT
Maximum Building
35 ft.
50 ft., except 70 ft. for vertically
50 ft., except 60 70 ft. for
10 stories along primary
Height,6,14,16 except for Public
mixed use buildings (commercial
vertically mixed use buildings
and secondary arterials.
Facilities6-20
and residential).
(commercial and residential).
6 stories along
Heights may exceed the Zone's
residential/minor
maximum height with a
collectors.
Conditional Use Permit.16
Maximum Height for
See RMC 4-4-140
Wireless Communication
Facilities6
AGENDA ITEM #7.
AB - 2318
C[TY OF
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SUBJECT/TITLE:
RECOMMENDED ACTION
DEPARTMENT:
STAFF CONTACT:
EXT.:
Award Contract for Sign Shop Expansion project
Refer to Finance Committee
Community Services Department
Michael Nolan, Facilities Coordinator
6608
Expenditure to cover just the base low bid would be $690,124.64. The current available balance in the project
account is $627,863.04. The attached spreadsheet "Post -Bid Analysis" shows, all costs and a contingency
percentage factored in for additional funding needed of a minimum $131,274.06. Funding has already been
established through the CIP Budget. The additional funds will come from our 316 fund balance through a
budget adjustment carry forward in February/March.
On December 14, 2018, proposals were received from three contractors for the project "Sign Shop Expansion"
with the apparent low bidder being Optimus Construction and Development Inc. with a bid of $690,124.64
(including WSST). The proposals (bids) were solicited through a public advertisement in the Daily Journal of
Commerce. This expansion addresses the critical space needs of the Public Works Sign Shop due to the
growth of the City of Renton since the original City Shops were constructed in 1983.
According to Council policy, the bid met two of the three following requirements:
1. There was more than one bid; and
2. There were no irregularities with the lowest responsive and responsible bid.
However, the bid was not within budget and therefore, staff recommends referring the item to the Finance
Committee to discuss funding options. Staff, therefore recommends awarding the Sign Shop Expansion
Project, to the lowest responsive and responsible bidder, Optimus Construction and Development, Inc., in the
amount of $690,124.64 pending discussion of funding.
A. Owner -Contractor Agreement, Sign Shop
B. Sign Shop Bid from Optimus
C. Post -Bid Analysis
D. Additional Funding Email
Accept the apparent low bid from Optimus Construction, approve the additional funding proposal per the
Finance Department, and authorize the Mayor to sign the Owner -Contractor Agreement.
AGENDA ITEM #7. 0
AGENDA ITEM #7. 0
AGREEMENT
CONTRACT NO. CAG-18-240
THIS AGREEMENT, made and entered into this day of January, 2019 by and between the CITY OF
RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City" and
OPTIMUS CONSTRUCTION, hereinafter referred to as "Contractor."
Now, therefore the parties agree as follows:
Agreement. This agreement incorporates the following documents as if fully set forth herein: the City's
Contract Bid Documents for the Project, including but not limited to Bid package, Instructions to Bidder,
General Conditions Addenda, Proposal Form, Supplemental Conditions, Special Provisions, Contract
Plans, and Amendments to the Standard Specifications; Contractor's Proposal and all documents
submitted therewith in response to the City's Call for Bids Documents; and any additional documents
referenced as comprising the Contract and Contract Documents as revised by the Amendments and
Special Provisions included with the City's Call for Bids and Contract Documents.
2. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the
project entitled Renton Sign Shop ExpansionClick here to enter text., CAG-18-240, including all changes to
the Work and force account work, in accordance with the Contract Documents.
3. Payments. City shall pay Contractor at the unit and lump sum prices, and by force account as specified
in the Proposal according to the Contract Documents as to time, manner, and condition of payment in a
contract amount not to exceed $ 690,124.64 (includes WSST) , unless modified by an approved change
order or addendum. The payments to Contractor include the costs for all labor, tools, materials and
equipment for the Work.
4. Completion Date. Contract time shall commence upon City's Notice to Proceed to Contractor. The Work
under this Agreement shall be completed within the time specified in the Contract Bid Documents. If the
Physical Work under this Agreement is not completed within the time specified, Contractor shall pay
liquidated damages and all engineering inspection and supervision costs to City as specified in the Contract
Bid Documents.
5. Independent Contractor. Contractor's employees, while engaged in the performance of any of
Contractor's services under this Agreement, shall be considered employees of the Contractor and not
employees, agents, representatives of Renton and as a result, shall not be entitled to any coverage or
benefits from the City of Renton. Contractor's relation to Renton shall be at all times as an independent
contractor. Any and all Workman's Compensation Act claims on behalf of Contractor employees, and any
and all claims made by a third -party as a consequence of any negligent act or omission on the part of
Contractor's employees, while engaged in services provided to be rendered under this Agreement, shall
be the solely Contractor's obligation and responsibility.
6. 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.
AGENDA ITEM #7. 0
7. 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.
8. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall
be entitled to recover its costs, including reasonable attorney's and expert witness fees.
9. Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except
as expressly provided in this Agreement.
10. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which
shall for all purposes be deemed an original.
Renton Sign Shop Expansion
January 2019 '40
AGENDA ITEM #7. 0
IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its
City Clerk and the Contractor has hereunto set his hand and seal the day and year first above -written.
'Z��C_O\NT CTO CITY OF RENTON:
Derrick McNeill
Presiden Denis Law, Mayor
ATTEST
Jeannie A. Miller
Secretary
FIRM INFORMATION
d/b/a [Enter Firm name]
Jason Seth, City Clerk
CHECK ONE: ❑ Limited Liability Co. I ❑ Partnership I ® Corporation I ❑ Other
STATE OF [Enter state of incorporation]
INCORPORATION: Washington
CONTRACTOR CONTACT INFORMATION: CITY CONTACT INFORMATION:
Optimus Construction
PO Box 84206
Seattle WA 98124
206.243.2000
Derrick@optimusconst.com
City of Renton
1055 South Grady Way
Renton, WA 98057
425.430.6608
mnolan@rentonwa.gov
Attention:
If business is a CORPORATION, the name of the corporation should be listed in full and both the President and Secretary
must sign the contract. OR, if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished
to the City and made a part of the contract document.
If the business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as)
and firm or trade name. Any one partner may sign the contract.
If the business is a limited Liability Company, an authorized managing member or manager must sign followed by his/her
title.
Renton Sign Shop Expansion
January 2019140
AGENDA ITEM #7. 0
Sign Shop Expansion
City of Renton Public Works Shops
CITY OF RENTON
MAIL TO: CITY CLERK 1055 GRADY WAY, RENTON,WA, 98057
HAND DELIVER TO: OFFICE OF THE CITY CLERK
SEVENTH FLOOR, RENTON CITY HALL
1055 GRADY WAY, RENTON, WA,98057
BID FORM
In compliance with the contract documents, the following bid form is submitted:
1) BASE BID
1a) BASE BID:
(Written) - H iZe 1 l" L,,�� 1, Q r.V.l;D (Numeric)
1 b) SALES TAX ON BASE BID (The combined sales tax rate for Renton, WA is 10%):
000003
BID FORM
Page 1 of 2
�tkjDe,�- o —)s\ke�- $ 5c1 23c.��
(Written) kj-j (,) e, 1 � IvC �}c «,-t e i (Numeric)
1 c) TOTAL BASE BID
S1;(�ya v ' �,�(2� .� i (P Z P. i l"y JS.►�{V D y l.I� $ lSl J� ✓ V _ ,�
(Written) J�- (Numeric)
2) BID ALTERNATES
The undersigned proposes to perform work called for in the following alternates as indicated on the Contract
Documents for the following resulting additions and or deletions to the Basic Bid. The bidder agrees to hold the
following alternate bid prices for sixty (60) consecutive calendar days from the date designated for receipt of bids.
A. 1. Base Bid for Alternate No. 1
Provide and install a new manual transfer switch at Building A.
ADD $ �Z.��S•I�
(Numeric)
A.2. Sales Tax on Alternate No. 1 (The combined sales tax rate for Renton, WA is 1091o)
ADD $
(Numeric);
A.3. TOTAL FOR ALTERNATE No. 1: TOTAL ADD $ 1 t , 0,U9?, . (j, L
(Numeric)
00 0003 - 1
AGENDA ITEM #7. 0
Sign Shop Expansion
City of Renton Public Works Shops
8.1. Base Bid for Alternate No. 2
Convert an equipment room in Building 8 to a server room.
000003
BIDDER'S QUALIFICATION STATEMENT
Page 2of 2
5 Z `7
ADD $ 'Z- L- t --;' "-
(Numeric),
8.2. Sales Tax on Alternate No. 2, (The combined sales tax rate for Renton, WA is 10%):
9.3. TOTAL FOR ALTERNATE No. 2:
ADD $ 'ZUZ2-1�J • 3
(Numeric);
TOTAL ADD $ Z`'"��J 2S S . Ze?
(Numeric),
TIME FOR COMPLETION:
Contract Time- The undersigned hereby agrees to Substantially Complete all the work under the Base
Bid (and accepted Alternates) within 120 calendar days after the date of Notice to Proceed.
Final Completion- All the Work shall be fully and finally completed in accordance with the contract
documents within 30 calendar days after the date of Substantial Completion.
LIQUIDATED DAMAGES
The undersigned agrees to pay the Owner as liquidated damages the sum of $500 for each consecutive
calendar day that is in default after the Contract Time. Liquidated damages shall be deducted from the
contract invoice after taxes and retainage.
RECEIPT OF ADDENDA
Receipt of the following addenda is acknowledged:
Addendum No. 1 Addendum No.
Addendum No. 2 Addendum No.
Name of Firm Optimus Construction and Development Inc NOTE:
If Bidder is a corporation, write State of Incorppartnership, give full names and addresses of all parties below
Signed
Print Name
Address P.O. Box 84206
Official Capacity President
City Seattle State WA Zip Code 98124
Date December 14, 2018 Telephone 206-243-2000 Fax 206-453-5415
State of Washington Contractor's License No. OPTIMCD856LK
Federal Tax ID# 47-3313708 E mail address: derrick(a)-optimusconst.com
Employment Security Department No. 000-119481-00-4
00 0003 - 2
AGENDA ITEM #7. 0
Post -Bid Analysis
Sign Shop Expansion
Account Balance as of 12/13/18
$681,041.31
Remaining Non -Construction Costs (Construction management, furniture, etc.)
($53,178.27)
Account Balance Minus Non -Construction Costs
$627,863.04
Optimus Base Bid
$651,530.75
Alternate #1
$14,008.61
Alternate #2
$24,585.28
Total, Base Bid plus Alternates #1 & #2
$690,124.64
10% Contingency
$69,012.46
Grand Total of Base Bid, Alternates, & Contingency
$759,137.10
Additional Funds Needed, (construction grand total minus available funds.)
$131,274.06
AGENDA ITEM #7. 0
$627,863.04
$690,124.64
$131,274.06
AGENDA ITEM #7. 0
From:
Jeffrey Minisci
To:
Kelly Beymer
Cc:
Michael J Nolan
Subject:
FW: Sign Shop Expansion
Date:
Friday, January 04, 2019 4:34:05 PM
FYI
From: Marc Gordon
Sent: Friday, January 04, 2019 9:42 AM
To: Jeffrey Minisci <JMinisci@Rentonwa.gov>
Subject: Sign Shop Expansion
Hi Jeff,
Apologies for the delay, I didn't have a chance to catch Jamie yesterday but I just spoke with her.
You are good to move forward with getting council approval/mayor's signature on the contract.
When the contract goes to Council for approval, you will just want to let them know that there has
been this much approved in CIP, the rest of the funds will be covered from 316 fund balance, and
that it will be picked up as a budget adjustment at carryforward in February/March.
Please let me know if you have any questions, but you are good to move forward in the process.
Thanks,
Marc
Marc Gordon
Senior Finance Analyst I Administrative Services Department
City of Renton 1 1055 S. Grady Way Renton, WA 98057
Email: mgordon(@rentonwa.gov I D: (425) 430-6937 1 M: (206) 641-4575
Please consider the environment before printing this message.
AGENDA ITEM #7. g)
AB - 2321
C[TY OF
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SUBJECT/TITLE: Supplemental Agreement No. 6 to CAG-15-177 with OTAK, Inc. for
the Lake Washington Loop Trail Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Bob Hanson, Transportation Design Manager
EXT.: 7223
The Lake Washington Loop Trail Project has a budget of $1,541,082 (317.122802). Supplemental Agreement
No. 6 with Otak, Inc. is $130,499 and is within budget.
The Lake Washington Loop Trail Project will provide a shared (combined pedestrian and bicycle path) use
regional trail from the Cedar River Trail and extending to the north city limits along Airport Way. The project
also includes:
1. A landscaped buffer separating the path from the traveled roadway.
2. Pedestrian ramps per current ADA standards.
3. New pedestrian level lighting.
4. Signage.
5. Pavement markings.
6. Improvements to the Airport Way and Logan Avenue South intersection.
The supplemental agreement allows for:
1. Additional right-of-way services.
2. Rainier Avenue South feasibility study and grant support.
3. Airport Way and Logan Avenue South intersection feasibility and final design of the project.
This amount is considered reasonable and within the project budget 317.122802.016.595.11.63.000.
A. Supplemental Agreement
Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 6 to CAG-15-177 with OTAK, Inc.
in the amount of $130,499 for the Lake Washington Loop Trail Project.
AGENDA ITEM #7. g)
AW
Washington State
Department of Transportation
Supplemental Agreement
Organization and Address
Number 6
Otak, Inc.
11241 Willows Road NE
Original Agreement Number
Redmond, wa 98052
CAG-15-177
Phone:
Project Number
Execution Date
Completion Date
32468
August 26, 2015
December 31, 2019
Project Title
New Maximum Amount Payable
Lake Washington Loop Trail
$788,463.00
Description of Work
Additional Right -of -Way services. Rainier Avenue Feasibility Study and Grant support. Airport Way and Logan Avenue
Intersection Feasibility. Final Design Revisions to final PSE to include Alternative Cycle Track Plan and Airport Way/Logan
Avenue Intersection Improvements. See attached Exhibit A-6, Scope of Services, Preliminary Engineering Services, Amendment
No. 5.
The Local Agency of City of Renton
desires to supplement the agreement entered in to with Otak, Incc.
and executed on August 26, 2015 and identified as Agreement No. CAG-15-177
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
Scope of Work is modified as shown in attached exhibit A-6
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read:
Section V, PAYMENT, shall be amended as follows:
The original maximum amount payable is $301,891.00. Supplement No. 1 in the amount of $34,870.00 increased maximum amount
payable to $336,761. Supplement No 3 in the amount of $321,203.00 increased the maximum amount payable to $657,964.00. The
amount of this supplement agreed is $130,499.00, the proposed maximum amount payable is $788,463.00. See attached exhibit D-6.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By:
By:
Consultant Signature Approving Authority Signature
Date
DOT Form 140-063
Revised 09l2005
AGENDA ITEM #7. g)
EXHIBIT A-6
SCOPE OF SERVICES
FINAL DESIGN/ENGINEERING SERVICES
City of Renton, Washington
Lake Washington Loop Trail — Phase 3 — Supplement No. 6
Otak Project No. 32468
October 2018
Description of Project:
The purpose of the Lake Washington Loop Trail Project is to design and eventually build a 7,000
lineal feet regional trail facility to connect the existing Lake Washington Trail from the Logan
Avenue/Cedar River junction to a new trail at Rainier Avenue North. The project will complete a
missing gap in the regional trail system. The Phase 3 segment of the proposed trail will be primarily
located on the north side of Airport Way and will extend north along Logan Avenue to connect to
the existing Cedar River Trail. The Phase 3 segment will end near the intersection of Rainier Avenue
N. and will include a connection to the existing Perimeter Road. The trail segment along Airport
Way will be an interim solution and will include a cycle track to minimize impacts to the existing
roadway and right-of-way. The cycle track is proposed to be an interim solution until the Renton
Municipal Airport finalizes their comprehensive master plan for zoning and use requirements along
Airport Way. The Phase 3 trail will accommodate pedestrians, runners, bicyclists, and other non -
motorized trail users. The trail will be designed to be accessible.
The Supplement No. 5 scope of work provides additional services and changes to the 60% design,
including the following:
• Rainier Avenue Feasibility Study and Grant Support
• Development of Alternative Cycle Track Plan Concept
• Airport Way and Logan Avenue Intersection Feasibility
• Extension of Design Period — approximately 18 months
• Final Design Revisions to 100% PSE of Alternative Cycle Track Plan and Airport Way/Logan
Avenue Intersection Improvements
1.0 PROJECT MANAGEMENT AND COORDINATION
1.1 Coordination with City of Renton
OTAK ,,vill coordinate with the CITY of Renton on a regular basis to keep the CITY's project
manager informed about project progress, project issues and schedule. OTAK will assist in
scheduling project related meetings, reviews, and other coordination activities needed to keep the
City of Renton — Lake Far h i n g t o n Loop Trail ]
ocak
K:\Project\324(H)\32ACiH\Contrscl\tiupplcmcnt 5\ticnpc tiupplcmcnc 5_102918.Joc
AGENDA ITEM #7. g)
Exhibit A-6 — Scope of Work
Continued
project moving forward. Regular communication with the CITY will occur on a weekly basis (by
phone, regular meetings as described below, and/or by e-mail). Supplement No. 5 will extend Task
1.1 approximately 18 months.
1.2 Project Coordination Meetings with City (Assume 6 meetings)
Project coordination meetings with CITY Staff will occur approximately monthly to review
progress, to discuss project related issues, to review schedule, and to discuss current topics.
Supplement No. 5 will include up to six (6) additional coordination meetings to be held during the
final design period for Phase 3. Attendance will generally include OTAK's project manager and
project engineer along Nxith designated CITY Staff.
1.3 Project Monitoring and Reporting
Project management will include the coordination of design team members, internal project
scheduling, and the preparation of a monthly progress report and a monthly billing statement.
Supplement No. 5 will extend 'Task 1.1 approximately 18 months.
Deliverables
• Monthly progress report and monthly invoice, per City of Renton requirements (monthly)
2.0 SUPPLEMENTAL DESIGN TASKS
2.1 Rainier Avenue Feasibility
OTAK will update the preliminary design concepts developed as part of the Design Report to
consider and determine the feasibility of a more compact cycle track solution along Rainier Avenue.
Work will include preliminary engineering and layout/development of an alternative plan concept
and roadway sections. The concept plan and sections will be used to support a funding/grant
application being made by the City. Updated construction cost estimates will also be prepared for
the updated concept plan.
Deliverables
• Updated Rainier Avenue Concept Plan — graphic roll plot
• Updated Rainier Avenue Roadway Sections
• Updated Rainier Avenue Concept Construction Cost Fstimate
2.2 Alternative Cycle Track Plan Concept
OTAK will update the 60% PSF layout to develop an Alternative Trail/Cycle "Track Plan to minimize or
avoid the need for right-of-way acquisition. The existing (60% PSI--,) regional trail section will be revised
to extend the cycle track around the Logan Avenue/airport Way intersection to create a more compact
layout. The concept plan will be used to revise the right -of -wax' needs for the project.
City of Renton — Lake II'asbington Loop Trail
otak
K:\project\3240U\324lH\Contract\Supplement 5\Snipe_Supplement 5_1u2718.dne
AGENDA ITEM #7. g)
Exhibit A-6 — Scope of Work
Continued
Deliverables
• Updated Cycle Track Concept Plan
2.3 Airport Way and Logan Avenue Intersection Revisions
OTAK and TENW will prepare alternative intersection concepts for the Airport Way and Logan
Avenue intersection to provide improved pedestrian crossing accommodations. The proposed
intersection improvements will include revisions to layout/medians, signing, striping, and signal
system. There will be two (2) concepts developed — one that focuses on just the pedestrian crossing
and a second that focuses on the full intersection and traffic movements through the intersection.
Preliminary construction cost estimates will be developed for the concepts developed.
Deliverables
• Airport Way and Logan Avenue Intersection Revisions — Two (2) Alternative Concept Plans
3.0 FINAL DESIGN REVISIONS
3.1 Design Revisions — 60% PSE to 100% PSE
oTAK will prepare 90% level and 100% level civil design plans for the proposed Phase 3 trail
alignment, including City directed design revisions. The design will include trail, sidewalk, cycle track
and roadway improvements along Airport Way and Logan Avenue along with intersection
improvements and pedestrian/bicycle connections within the project limits. The plans will include
the revisions described in Task 2.2. Plans will be prepared to current CI'IY of Renton standards.
Plans will be prepared at a horizontal scale of 1-inch = 20 feet and a vertical scale of 1-inch = 5 feet.
Deliverables
• Civil Design Plans with Revisions — 90% and 100% Level
3.2 Airport Way and Logan Avenue Intersection Revisions
OTAK and TEN\X' will prepare 90% and 100% PSI: for the alternative intersection concept
developed for the Airport Way and Logan Avenue intersection to provide improved pedestrian
crossing accommodations. The proposed intersection improvements will include revisions to
layout/medians, signing, striping, and revisions to the existing signal system.
Deliverables
• Airport Way and Logan Avenue Intersection Revisions —90% and 100% Level
3.3 Design Review/Coordination Meetings (Assume 4 meetings)
Design meetings will be held on a regular basis with the CITY to discuss project issues during the
Cily of Renton — Lake lt-'ashinglon Loop Trail 3
otak
K:\project\3241H1\324G8\Contract\Supplement 5\Scupe_Supplement 5_I112718.doe
AGENDA ITEM #7. g)
Exhibit A-6 — Scope of Work
Continued
design process. It is anticipated that up to four (4) additional design meetings will be held during the
final design period.
3.4 Design Schedule Extension
The design period for the project is being extended approximately 18 months. The 60% PSr for the
project was completed in July 2017. "Task 3.4 includes time to review the 60% PSE and previous City
review comments and to re -mobilize the design team to move forward to 90% PSr, including the
revisions described above.
SUBCONSULTANTS
• Transportation Engineers NW
o Traffic, street crossings, signal revisions — Logan Avenue/Airport Way Intersection
Feasibility and Final Design
EXPENSES
• Reimbursable for Reproduction of Plans, Specifications, Reports, Etc.
• Other Misc. Expenses
DESIGN STANDARDS
• City of Renton
• WSDOT Local Agency Guidelines
• WSDOT Bridge Design Manual
• WSDOT Design Manual
• AASHTO LRFD Bridge Design Specifications
• AASHTO Guide Specifications for LRFD Seismic Bridge Design
• AASHTO Geometric Design of I-lighways and Streets
• AASHTO Roadside Design Guide
• FAA/Airport Requirements
ASSUMPTIONS
• Design work will resume in November 2018 and be completed by July 2019. The target date for
Bid Advertisement is summer/fall 2019 (dates dependent on funding obligation).
• OTAK will provide five (5) sets of all deliverables and ten (10) sets of final plans and
specifications unless otherwise noted.
• If utility potholing is needed, it will be done by others. OTAK will assist with coordinating
locations.
• The CITE' will be responsible for all hazardous materials and special permits.
• The CITY will pay for all required permit fees.
Cil}' of Renton — Lake 11"asbiagtou Loop Trail 4
otak
K:\project\32400\324G8\Contract\Supplement 5\Scope_Supplement 5_102918.doc
AGENDA ITEM #7. g)
Exhibit A-6— Scope of Work
Continued
• NEPA/SEPA will be required. I?nvironmental/permitting will be provided by others. OTAK
will provide support as noted.
• Construction management support, construction administration, and/or construction inspection
services are not included in this scope of work but may be added later at the discretion of the
CITY.
• The CITY has prepared a traffic model that can be utilized for the project. Remodeling will not
be required.
• A load rating for the revisions to the Logan Avenue Bridge over the Cedar River may be needed
but is not included in this scope of work. If required, a load rating may be added later at the
discretion of the CITY.
City of Renton — Lake 16 arbington Loop Trail 5
otak
K:\project\3244111\32468\Contract\Supplement 5\Scope_Supplement 5_IIQ918.doe
Exhibit D-6
Lake Washington Loup 'frail - City of Renton
OtA I I-- mJ I- - Fu I Dv gn/ F.1, n ng'e ,• - 111,— 3 . Suppl mmi No. i
AGENDA ITEM #7. h)
AB - 2322
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SUBJECT/TITLE: Supplemental Agreement No. 7 to CAG-17-082 with Perteet, Inc. for
the Park Avenue North Extension Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Bob Hanson, Transportation Design Manager
EXT.: 7223
The Park Avenue North Extension Project has a 2018 budget of $649,909 (317.122190) with a balance of
$343,541.15 to be included in the 2019 carry forward. The 2019 project budget is $6,125,000 and the total
project budget is $6,774,909. Supplemental Agreement No. 7 with Perteet, Inc. is for $288,617 and is within
budget. The budget is contingent upon approval of local revitalization funding.
The purpose of the Park Avenue North Extension Project is to construct improvements to extend Park Avenue
North from the existing intersection with Logan Avenue North northward to connect to the Southport
development site now under construction.
This supplemental agreement is for the preparation of the 90% design plans and final construction documents.
The scope of work includes:
1. Project management.
2. Agency and large property owner coordination and planning.
3. Geotechnical engineering services.
4. Final plans, specifications and estimate (90% design plans and final construction documents).
5. Franchise utilities review and coordination.
6. Final stormwater report.
7. Supplemental survey and basemapping.
8. Assistance during bidding.
9. Management reserve.
A. Supplemental Agreement
Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 7 to CAG-17-082 with Perteet,
Inc. for $288,617 for the preparation of the 90% design plans and final construction documents for the Park
Avenue North Extension Project.
AGENDA ITEM #7. h)
Aft
Washington State
wo Department of Transportation
Supplemental Agreement
Organization and Address
Number 7
Perteet, Inc.
505 - 5th Ave. S., #300
Original Agreement Number
Seattle, WA 98104
CAG-17-082
Phone: 425-252-7700
Project Number
Execution Date
Completion Date
May 1, 2017
December 31, 2019
Project Title
New Maximum Amount Payable
N. Park Avenue Extension - Preliminary Design
$915,338.00
Description of Work
This phase of the project will supplement previous phases to prepare 90% and final construction documents to construct
improvements for the Park Avenue N extension between Logan Avenue N and the Southport development.
The Local Agency of City of Renton
desires to supplement the agreement entered in to with Perteet, Inc.
and executed on May 1, 2017 and identified as Agreement No. CAG-17-082
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
See attached exhibit A-7
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: December 31, 2019
III
Section V, PAYMENT, shall be amended as follows:
Increase total contract amount from $626,721 to $915,338.00. See attached exhibit D7.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By:
0
Consultant Signature Approving Authority Signature
Date
DOT Form 140-063
Revised 09/2005
Exhibit "7A"
Summary of Payment
Direct Salary Cost
Basic
Agreement
Supplement
#1*
Supplement
#2*
Supplement
#3
Supplement #4
Supplement
q5**
Supplement
Supplement 7
Total
Direct Salary Cost
$ 46,162.00
$
$
$ 4,906.00
$ 83,300.00
$
$
$ 284,150.00
$ 418,518.00
Overhead (including Payroll Additives)
$ 84,911.00
$
$
$ 9,025.00
$ 153,222.00
$
$
$ 247,158.00
Direct Non -Salary Costs
$ 2,450.00
$
$
$ 54,176.00
$ 129,211.00
$
$
$ 4,467.00
$ 190,304.00
Fixed Fee
$ 14,772.00
$
$
$ 1,570.00
$ 26,656.00
$
$
$ 42,998.00
Management Reserve
$ 11,360.00
$
$
$ 5,000.00
$ -
$
$ -
$ 16,360.00
Total
$ 159,655.00
$
$
$ 74,677.00
$ 392,389.00
$
$
$ 288,617.00
$ 915,338.00
*Time extension Only
** Supplement 5 realocates expense budget from Perteet to Casne Engineering
*** Supplement 6 realocates expese budget from Perteet to Abeyta & Associates for ROW acquisition efforts, and the design of Boeing's driveway off of Logan at NE 7th St Boeing in lieu
of completing 60-percent design of the portion of the road north of the BNSF right-of-way
**Supplement 7 will supplement previous phases to prepare 90% and final construction documents.
AGENDA ITEM #7. h)
Exhibit A-7 Scope of Services
Park Avenue N Extension — 60% to Construction Advertisement Design
Phase
January 8, 2018
City of Renton
AGENDA ITEM #7. h)
pERTEET
U oLt r co.-TI tl Jrll[ICS, +Jy dosk'n
505 5TH AVENUE S, SUITE 300
SEATTLE, WA 98104
800.615.9900 1 206.436.0515
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
During the term of this Contract, Perteet Inc. (CONSULTANT) will perform professional
services for the City of Renton (CITY), as detailed below:
INTRODUCTION
The project will construct improvements to extend Park Avenue N from the existing
intersection with Logan Avenue N northward to connect to the Southport site now
under construction. The purpose of the roadway extension is to provide a
connection to the Southport development and relieve congestion on Lake
Washington Boulevard.
GENERAL SCOPE OF SERVICES
This phase of the project will supplement previous phases to prepare 90% and final
construction documents to construct improvements for the Park Avenue N extension
between Logan Avenue N and the Southport development. Services not included in
this scope of services are specifically excluded from the scope of the CONSULTANT's
services. The CONSULTANT assumes no responsibility to perform any services not
specifically listed in this scope of services. If agreed to in writing by the CITY and the
CONSULTANT, the CONSULTANT shall provide Optional Services. Optional Services
are not included as part of the Basic Scope of Services and shall be paid for by the
Client in addition to payment for Basic Services, in accordance with the
CONSULTANT's prevailing fee schedule as agreed to by the CITY and the
CONSULTANT. At the CITY's request, the CONSULTANT may be asked to provide
environmental support and/or construction management services. The CONSULTANT
reserves the right to shift funds within the Contract between tasks, and between
members of the CONSULTANT team during the prosecution of the work.
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H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
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Design_1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
Currently only local agency funds will be used in the planning, design, and/or
construction of the project. The CONSULTANT will use procedures outlined in the
WSDOT Local Agency Guidelines (LAG Manual) during development of the project.
Task 1 — Project Management
Task 2 — Agency/Large Property Owner Coordination and Planning
Task 3 — Not Applicable to this Phase
Task 4 — Not applicable to this Phase
Task 5 — Geotechnical Engineering Services
Task 6 — Not Applicable to this Phase
Task 7 — Final Plans, Specifications, and Estimate (90% and Final)
Task 8 — Franchise Utilities Review and Coordination
Task 9 — Final Stormwater Report
Task 10 — Supplemental Survey and Basemapping
Task 11 — Not Applicable to this Phase
Task 12 — Assistance During Bidding
Task 13 — Management Reserve
OPTIONAL SERVICES
The CONSULTANT may be asked by the CITY to provide Optional Services. Optional
Services that may be performed include:
• Assistance with preparation of environmental documentation and permits
• Assistance with preparation of grant funding packages
• Services during construction
Providing Optional Services will require a supplement to this agreement.
2
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
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Design_1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
TIME FOR COMPLETION
All work under this Contract will be completed within twelve (12) months (365
calendar days) of notice to proceed.
Task 1 - Project Management
1.1 Continuous Project Management
The CONSULTANT will provide continuous project management administration
(billing invoices, monthly progress reports, consultant coordination) throughout this
phase of the project's duration (assume eight [8] months).
1.2 Budget and Schedule Oversight
The CONSULTANT will monitor project budget and schedule. Schedule will be
developed using MS Project 2016. Schedule will be updated on a monthly basis.
1.3 Work Plan
The CONSULTANT will update the work plan developed during the previous phase
of the project for this phase of the project, including communication plan,
deliverables, quality control plan, and procedures for change management.
1.4 Project Coordination Meetings
The CONSULTANT will attend weekly project coordination meetings with key CITY
staff to discuss the project and report on progress. Attendance will consist of up to
3
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Design_1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
two (2) CONSULTANT task leads, CONSULTANT project manager, CITY project
manager, and other CITY staff as determined by the CITY's project manager to
review project status and coordinate activities for current work tasks. Meetings will
be held at Perteet's offices. The CONSULTANT will prepare and distribute meeting
minutes. Assume twenty-four (24) meetings total.
1.5 Quality Assurance/Quality Control Program
The CONSULTANT will conduct an internal quality assurance program prior to major
submittals. Major submittals are defined as the 90% and final construction
documents, along with the Utility Conflict Analysis Memorandum and Final Drainage
Report. This task will supplement the continuous quality assurance program by
conducting a detailed review of each major submittal for compliance with project
criteria and consistency with the project goals.
Deliverables:
• Invoice and progress reports submitted monthly in hard copy via US Mail.
Eight (8) prepared invoices will be submitted.
• MS Project Gantt Schedule submitted every other month in hard copy with
project invoices via US Mail. Four (4) schedule updates will be submitted.
• Project work plan and change management procedures submitted via e-mail
in PDF format. One (1) project work plan will be submitted.
• Meeting agendas outlining likely discussion topics for each project
coordination meeting, submitted via e-mail in MS Word format at least one
(1) working day before each meeting.
Meeting minutes documenting each project coordination meeting, submitted
via e-mail in MS Word format within three (3) working days of each meeting.
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AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
Markups of major submittal quality control reviews in hard copy format with
each major submittal. One (1) quality control review document will be
submitted for each of the following:
o 90% Construction Documents
o Final Construction Documents
o Utility Conflict Analysis Memorandum
o Final Stormwater Report
Task 2 -- Agency/Large Property Owner Coordination and
Planning
This element of the work includes efforts to coordinate the project development
with other agencies and adjoining large property owners. Known key entities include
the City of Renton, the Boeing Company, Burlington Northern Santa Fe Railroad
(BNSF), and SECO. USFW, USACOE, the Tribes, and the Department of Ecology will
also have interest in the project, and the CONSULTANT encourages their
involvement early in the project.
2.1 Agency/Large Property Owner Coordination and Planning
Organize and attend up to six (5) two-hour coordination meetings with the
agency/large property owner stakeholders. These meetings will to the maximum
extent possible be joint meetings to share project status, issues, and areas of
concern. Keeping these entities informed typically benefits the project with shorter
approval cycles from the agencies and keeps the large property owners informed of
project status.
5
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
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Design_1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION - FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
Deliverables:
• Attendance of up to two (2) CONSULTANT staff members for each
coordination meeting, for a total of two (2) hours per staff member. Up to six
(6) meetings are anticipated.
• Meeting agenda for coordination meetings, submitted via e-mail in MS Word
format at least two (2) days before each meeting. Up to six (6) coordination
meeting agendas will be prepared.
• Meeting minutes from coordination meetings, submitted via e-mail in MS
Word format within three working days of the meeting. Up to six (6)
coordination meeting minutes will be prepared.
Task 3 — Public Involvement Program
Not applicable to this Phase.
Task 4 — Right -of -Way Acquisition
Not applicable to this Phase.
Task 5 — Geotechnical Engineering Services
5.5 Sanitary Sewer Extension under BNSF Railroad
HWA will supplement the previously approved geotechnical engineering services
effort to provide input to the proposed bored installation of a 24-inch casing under
the BNSF Railroad into which a 12-inch diameter sanitary sewer will be installed.
This effort includes the following anticipated items:
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Design-1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION - FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
Explorations and Field Work
Revise Geotechnical Work Plan Memo: HWA will revise the Geotechnical
Work Plan Memorandum to reflect the additional explorations consisting
of drilling two 60-foot-deep geotechnical borings and installing 2--inch
diameter ground water monitoring piezometers in each boring. The
boring locations will be located within or as close as possible to the
proposed jacking and receiving pits. This work plan will be submitted to
the City for review and approval. The work plan will detail the type,
location, and extent of proposed field explorations along with logistics
necessary to perform the work such as traffic control plans and staging
areas. The work plans will also be used for utility locating clearances and
for permitting that may be necessary to access the exploration locations.
The CITY will acquire and provide any required permits or right of entries
at no cost to HWA. Locating borings in the Boeing area is anticipated to
be challenging and will require HWA to coordinate with the Boeing
Company. In addition to revising the Geotechnical Work Plan Memo,
HWA will meet in the field with Boeing representatives to identify boring
locations.
• Conduct Additional Explorations: HWA original scope and budget
included drilling six, 20-30-foot-deep borings in support of the roadway
project. These borings where assumed to be drilled with limited access
equipment. 4 actual borings locations were identified once the project
condensed. Three of these borings are proposed within the Boeing right
of way to support the roadway design. The cost to drill these borings is
covered by the original scope and budget.
HWA will conduct two (2) additional geotechnical borings to assess the
subsurface soil conditions at the location of the proposed jacking and
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AGENDA ITEM #7. h)
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Agreement with Perteet Inc. January 8, 2018
receiving pits. One boring will be located within PSE property and one
boring will be located within the triangular gore area on 757th Avenue
Boeing access road. The boring conducted within the pavement areas
accessing Boeing will be drilled during the day -time hours of 9AM to 3PM
with appropriate traffic control measures. Each boring will be drilled to a
depth of 60 feet below ground surface. Traffic control to consist of Arrow
Board Mounted Attenuator Truck behind coned off work area for both
coring and pavement patching by subcontractor. Flaggers may be utilized
as needed (assume 1 day of flaggers). There will be separate mobilizations
for each of these borings.
A 2-inch ground water monitoring piezometer will be installed in each
boring to monitor ground water fluctuations. A road grade flush -mounted
steel monitoring well monument will be installed at the location of each
monitoring well. Data logging transducers will be installed in the well to
measure water levels over a period of one (1) year. Upon completion of
design, the monitoring well will be decommissioned by the Contractor in
accordance with the DOE requirements.
As the addition of these two borings and associated wells will reduced the
already approved roadway borings from six to three, a drilling credit of
$4,000 has been assumed in calculation of the required budget
supplement.
Each geotechnical boring will be logged by an HWA geotechnical engineer
or engineering geologist. Each boring conducted through the pavement
will be patched with quick drying concrete upon completion of the boring.
Generate Boring Logs and Assign Laboratory Testing: HWA will prepare
summary boring logs and perform laboratory testing to evaluate relevant
physical properties at the location of the proposed jacking and receiving
0
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AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
pits. Laboratory testing would include moisture content, hydrometers,
grain -size distribution, and Atterberg Limits.
• Slug Testing and Data Reduction: HWA shall conduct a slug test at the
location of each monitoring well. Slug test will consist of quickly adding fresh
water to a ground water well, and monitoring the changes to hydraulic head
continually, to determine the near -well hydraulic transmissivity. The slug test
conducted within the pavement areas accessing Boeing will be performed during
the day -time hours of 9AM to 3PM with appropriate traffic control measures.
Traffic control will be limited to appropriate signage and closure of a limited
coned off work area at the location of each monitoring well within PSE property
and the triangular gore area on 757t" Avenue Boeing access road. A team of two
hydrogeologist/geotechnical engineer from HWA shall conduct the slug testing
and data reduction. This data will be used to provide dewatering
recommendations to prospective contractors.
Additional Geotechnical Design Services:
• Providing Temporary Shoring Recommendation: Based on the borings
and the laboratory test results of selected samples, HWA will provide
temporary shoring recommendations and lateral earth pressure diagrams
for the jacking and receiving pits.
• Generating Dewatering Recommendation: HWA will conduct theoretical
hydraulic conductivity analyses. The results of slug testing in addition to
hydraulic conductivity analyses will be used to developing dewatering
recommendation at the location of jacking and receiving pits.
Providing Jack and Bore Recommendation: Based on the soils
encountered along the alignment, HWA will determine the Site Class for
seismic design. The design spectral acceleration parameters will then be
0
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Design-1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
selected in accordance with the AASHTO Specifications for Road and
Bridge.
• HWA QA/QC: HWA will have all additional design calculations and
recommendations reviewed by a senior principal prior to distribution to
the design team or the City.
• Update Draft Geotechnical Engineering Report: HWA will update the
draft geotechnical engineering report with additional analyses and
recommendations for the proposed sanitary sewer extension. This report
will contain the results of the geotechnical engineering investigation,
including description of surface and subsurface conditions; a site plan
showing exploration locations and other pertinent features; summary
boring logs; and laboratory test results. The report will provide
geotechnical recommendations for each of the proposed improvements.
ASSUMPTIONS
The geotechnical explorations proposed herein will not be used to assess site
environmental conditions. However, visual or olfactory observations regarding
potential contamination will be noted. Analysis, testing, storage, and handling
of potentially contaminated soil and ground water (either sampled or spoils
from drilling) are beyond this scope of services. If contaminated soils and/or
ground water are encountered, the material will be properly contained on -site
for disposal as mutually agreed upon without additional cost to HWA.
All drilling spoils and related debris from the Boeing right of way will be
drummed on site and left on site for Boeing to dispose of per their protocol.
All drilling spoils and related debris from the PSE right of way will be
drummed on site and left on site for PSE to dispose of per their protocol.
• HWA will be responsible for all post drilling clean up.
10
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
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Design_1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION -- FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
• HWA assumes no concrete pavement below the surface asphalt and assumes
that coring will not be required prior to drilling the proposed borings.
• No Phase 1 or Phase 2 Environmental Site Assessment will be completed by
HWA.
All required rights of entry will be provided by the City at no cost to HWA.
• All required street use permits will be provided by the City at no cost to
HWA.
• The borehole locations will be surveyed by others.
The monitoring wells installed as part of the field explorations will be
maintained throughout design and abandoned by the contractor during
construction.
• No uniform police office will be required for traffic control implementation
during the exploration program.
• Traffic control will be limited to only 1 work day of two flagger crew to
conduct the additional exploration.
• The two deep borings (60-feet each) will be done on different days, requiring
two mobilizations.
Deliverables:
• Inclusion into the project's Geotechnical Engineering Report of conditions that
the Contractor can expect to encounter during installation of the 24-inch
casing and 12-inch sanitary sewer.
• Special Provisions to include in the Project Manual related to the ground and
water conditions that the Contractor can expect to encounter during
installation of the 24-inch casing and 12-inch sanitary sewer.
11
H:WDivision.sWTRANSPOR.TATWDESIG MEN GWHebeWNorth Park Ave ExtensionW300 Design Consultant
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Design_1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
Task 6 — 30% Plans and Estimate
Not applicable to this Phase.
Task 7 — Final Plans, Specifications, and Estimate (90% and Final)
The CONSULTANT will prepare 90% and final design construction documents based
on the 60% design phase of the project. The proposed limits are illustrated in Figure
1. In addition, the CONSULTANT will prepare 90% and final design construction
plans that would construct a new driveway entrance for Boeing from Logan Avenue
N at the approximate location of N 7th Street as illustrated in Figure 2. The
combination of these two locations will fit on two (2) "base sheets," utilizing 11" x
17" sheets at 1" = 40' scale.
The CITY now anticipates that the Park Avenue N Extension north of the BNSF
Railroad right-of-way will be designed and constructed by SECO, and therefore the
CONSULTANT will not prepare construction plans north of the BNSF right-of-way.
12
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW3023.7 Supplement 7WPark Ave N Ext Scope Final
Design_1-8-19.doc
AGENDA ITEM #7, h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
- .' _ ..._ism+ wc.-.._...r--------.—.�._.-,.------ — `--- —'rr —»._� __��-•.1 +
I
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Figure 1. City Portion of Park Avenue N Extension.
.j
N SWT-FpRf [R . s®
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13
H:WDivision_sWTRANSPOR.TATWDES]GN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design-1-8-19.doc
PARK AVENUE N EXTENSION - FINAL DESIGN PHASE
AGENDA ITEM #7. h)
Agreement with Perteet Inc.
January 8, 2018
�I
C �
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4 1• I
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Figure 2. Boeing Driveway at N 7th Street and Logan Avenue N.
At this time, a total of up to 37 plan sheets (based on two [2] base sheets) are
assumed as necessary for the schematic plans. Specific 60% plan components are
anticipated to consist of the following:
7.1 Cover Sheet (one [1] sheet, not to scale)
7.2 Legend and Abbreviation Sheet (one [1] sheet, not to scale)
7.3 Survey Control and Alignment Sheet (two [2] sheets, 1"=100' scale)
7.4 Typical Roadway Sections (two [2] sheets, not to scale)
14
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design_1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION - FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
7.5 Site Preparation, Erosion Control Plans, and Miscellaneous Details
(two [2] sheets)
The CONSULTANT will prepare plans identifying areas of removal and site
preparation along with Best Management Practices (BMPs) for erosion control.
Existing utility features will be shown in halftone (screened). One (1) sheet to
document details for Temporary Sedimentation and Control is included.
7.6 Paving and Grading Plans and Miscellaneous Details (five [5] sheets,
1"=20' scale)
The CONSULTANT will advance the 60% paving and grading plans to the 90% and
final design level, including horizontal and vertical alignment information, paving
limits, limits of cut/fill required, and earth retaining systems. Existing utility features
will be shown in halftone (screened). One (1) sheet to document details for curb
ramps is included.
7.6a Wall Plan, Profile and Details (one [1] sheet, 1"=20' scale
[horizontal])
The CONSULTANT will advance the 60% modular block wall plan and profile, along
with the related details to a 90% and then final design level.
7.7 Drainage Plans/Profiles and Miscellaneous Details (four [4] sheets,
1"=20' scale)
The CONSULTANT will advance the 60% drainage plans and profiles to the 90% and
final design level, including the proposed drainage conveyance system and water
15
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
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Design_1-8-19.doc
AGENDA ITEM #7. h)
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Agreement with Perteet Inc. January 8, 2018
quality facilities. Existing utility features will be shown in halftone (screened). Two (2)
sheets to document details of anticipated water quality facilities are included.
7.8 Channelization and Signing and Details (three [3] sheets, 1"=20'
scale)
The CONSULTANT will advance the 60% channelization and signing plans to the
90% and final design level, including intersection channelization and sign tables
documenting sign type, size and location. One (1) sheet to document details for
channelization and signing is included.
7.9 Illumination Plans and Details (two [2] sheets, Y=20' scale)
The CONSULTANT will prepare plan sheets to the 90% and final design level for the
illumination system along the corridor detailing luminaire pole and foundation
locations and associated conduit systems. One (1) sheet to document details for
luminaires, foundations, and associated conduit system is included.
7.10 Traffic Signal Plans (four [4] sheets, 1"=20' scale)
The CONSULTANT will prepare signal plans to the 90% and final design level,
including detailed pole and foundation information for the signal revision at Logan
Avenue N and Park Avenue N. The CONSULTANT assumes that a new signal will be
included for the intersection of 757 Drive and Park Avenue N.
7.11 Planting Plans and Details (three [3] sheets, 1"=20' scale)
li V1
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Design_1-8-19.doc
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Agreement with Perteet Inc. January 8, 2018
The CONSULTANT will prepare planting plans to the 90% and final design level for
proposed landscape improvements. Irrigation will not be included in the project.
Drought tolerant planting materials will be utilized, with the anticipation that water
trucks will be used on a limited basis through plant establishment. Planting plan
sheets will include schedules, notes, and details.
7.12 BNSF Railroad Crossing and Details (three [3] sheets, 1"=20' scale)
The CONSULTANT will develop plans to the 90% and final design level for the
proposed roadway crossing at the BNSF railroad tracks, including up to three (3)
detail sheets to illustrate crossing gates and other specific features required by
BNSF. Construction of the elements will be done by BNSF.
7.13 Construction Staging Plans (four [4] sheets, 1"=40' scale)
The CONSULTANT will prepare construction staging plans to the 90% and final
design level to demonstrate possible traffic sequencing scenarios to maintain traffic
in the corridor during construction. Construction project stages will be illustrated on
22" x 34" plan sheets at 1" = 40' scale.
7.14 Opinion of Cost
The CONSULTANT will prepare an opinion of cost for the 90% and final contract
plans, and will include allowances for acquisition of right-of-way. The opinion of cost
will be based on unit prices, and incorporate contingencies to account for the level
of completeness of plan preparation for each submittal, and to reflect past
experience on similar projects within the region. When preparing each opinion of
cost, the CONSULTANT will endeavor to keep the project within the projected
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Agreement with Perteet Inc. January 8, 2018
project construction cost of that was identified in the Design Report prepared by
Perteet. If, as the project progresses, it is discovered that costs have increased, the
CONSULTANT will make suggestions on how to bring the project back within
budget.
In providing opinions of probable construction cost, the CITY understands that the
CONSULTANT has no control over the cost or availability of labor, equipment or
materials, or over market conditions or the Contractor's method of pricing, and that
the CONSULTANT's opinions of probable construction costs are made on the basis
of the CONSULTANT's professional judgment and experience. The CONSULTANT
makes no warranty, express or implied, that the bids or the negotiated cost of the
work will not vary from the CONSULTANT's opinion of probable construction cost.
7.15 Project Manual
The CONSULTANT will prepare a Project Manual for the project based on English
units for the 90% and final submittals. These will include Special Provisions for the
items of work that are not covered by the 2018 WSDOT/ APWA Standard
Specifications, including any Renton General Requirements, as well as bid and
contract forms.
7.16 Bid Package
The CONSULTANT will prepare the bid -ready construction documents and deliver to
Builder's Exchange of Washington. The CITY will reimburse Builder's Exchange for
any costs associated with posting and maintaining the construction documents on
the Builder's Exchange website.
m
H:l Division.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design-1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION -- FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
Deliverables:
• The CONSULTANT will submit plans, opinion of cost estimate, and Project
Manual for the 90% level of design for review and comment by CITY staff.
CITY staff will consolidate all comments at each review stage into one (1)
package for response by the CONSULTANT. The CONSULTANT will prepare a
proposed response to each comment received, and then conduct one (1)
meeting with the CITY to reconcile any outstanding comments.
• Five (5) copies of the 90% and Final plans (half size, 1" = 40' scale) and
opinion of cost estimate submitted in hard copy form and delivered by US
Mail.
• Five (5) copies of the 90% and Final Project Manual submitted in hard copy
form and delivered by US Mail.
Task 8 - Franchise Utilities Review and Coordination
8.1 Final Utility Conflict Analysis
Based on the 60% design, the CONSULTANT will prepare a one- to two -page (1-2
page) memorandum to document potential utility conflicts and the potential
locations for franchise utilities to relocate. A plan identifying locations for potholing
by the utilities of potential conflict locations will be developed and shared with the
respective franchise utilities as part of Task 8.2.
Deliverables:
• One (1) draft Utility Conflict Analysis Memorandum for CITY review and
comment submitted via e-mail in PDF format.
• One (1) final Utility Conflict Analysis Memorandum submitted via e-mail in
PDF format.
19
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design-1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
8.2 Franchise Utility Coordination Meetings
The CONSULTANT will attend CITY -facilitated project utility coordination meetings at
the CITY (up to two [2] are assumed for this phase of the project). Topics to be
covered include anticipated project impacts and schedule, future utility infrastructure,
potential conflicts and their resolution, and timeframes required for any anticipated
utility relocations.
Deliverables:
• Meeting Agenda for coordination meetings, submitted via e-mail in MS Word
format at least two (2) days before each meeting. The CONSULTANT will
attend up to four (4) coordination meetings with two (2) CONSULTANT staff
members per coordination meeting.
• Meeting Minutes from coordination meetings, submitted via e-mail in PDF
format within three (3) working days of the meeting. The CONSULTANT will
prepare up to four (4) utility coordination meeting minutes.
Task 9 -- Final Stormwater Analysis and Report
The CONSULANT will perform a final stormwater analysis of the project. The results
of this work will be summarized in a Technical Information Report (TIR) conforming
to CITY standards (based on the 2016 King County Surface Water Design Manual
(KCSWDM), with Renton Amendments.
9.1. Offsite Analysis
Not applicable to this Phase.
20
H:WDivision.sWIRANSPOR,TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design-1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
9.2 Threshold Analysis, Water Quality Treatment, Flow Control, and
Conveyance
Not applicable to this Phase.
9.3 Final Stormwater Technical Information Report (TIR)
Prepare a Final Stormwater Technical Information Report (TIR) documenting the
drainage analysis and design that updates the TIR prepared for the 60% design
submittal. The TIR will address the Core Requirements and how each is being met,
including any flow control and water quality facilities and flow control BMPs
proposed for the project. The report will follow the King County TIR format and
include the design information and calculations described in Task 9.2 of earlier
phases of this project.
Deliverables:
• Five (5) copies of the final Stormwater TIR in hard copy form, delivered by US
Mail (submitted with 100% design submittal).
• Final Stormwater TIR submitted via e-mail in PDF format.
Task 10 — Supplemental Survey and Basemapping
The proposed work for supplemental surveying and basemapping services will be
conducted by 1 Alliance Geomatics as a SUBCONSULTANT to the CONSULTANT
(Perteet) and include the following tasks:
21
H;WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design-1-8-19.doc
AGENDA ITEM #7, h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
The CONSULTANT will provide supplemental control surveys; ground based
topographic and planimetric mapping completion surveys for potential North
Southport Drive Rapid Ride stop locations within the area illustrated in Figure 3.
Surveying will be sufficient to complete the preliminary and final design of
RapidRide stops.
'0'`
Y.. s
Figure 3 - Supplemental RapidRide Survey Area
The CONSULTANT will procure utility locate services for sub -surface utility paint
marking prior to field survey of the RapidRide survey area. Utilities will be located in
horizontal plane only; the utility location service will not investigate the depth of
existing utilities. Depths of existing utilities, if needed, will be conducted under Task
10.4
22
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContracIW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design_1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
Prior to field surveys being conducted, the CITY will acquire right of entries from
property owners along the corridor. Field surveys will be prepared to provide 1"=20',
1-foot contour interval design mapping for the area illustrated in Figure 3.
10.1 Control Surveys — RapidRide area
The CONSULTANT will perform control surveys for the project, including datum
control surveys, ground control for topographic completion surveys, and control
surveys for road right-of-way. Parcel boundaries will be calculated using Title
Reports procured by the CONSULTANT. Any property corners discovered during the
field survey will be surveyed and included in the project basemaps.
Datum control surveys will be to provide the project in Washington State Plane
Coordinate System (WSPCS), North Zone (NAD 83/91) horizontal datum; and North
American Vertical Datum (NAVD 88). The CONSULTANT will identify or establish
approximately ten (10) horizontal control points and ten (10) vertical benchmarks for
the project.
10.2 Topographic Mapping Surveys — RapidRide Area
The CONSULTANT will provide ground -based topographic surveys to generate
basemaps at a 1"=20' scale and to prepare DTM generated 1-foot contours. Field
survey will pick up curbs, edges of pavements, drainage structures, fences,
mailboxes, retaining structures, culverts, guard rails, utility surface features, field
markings of existing sub -surface utilities, traffic and business signs, striping, trees
(including type and size for trees over 6-inches in diameter at design breast height
(DBH), and limits of landscape areas.
23
H:WDivision.sWTRANSPOR.TATWDESIGN,ENGWHebeWNorth Park Ave ExtensionhW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design_1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
CITY will obtain Right of Entry for survey on private property. CONSULTANT will use
appropriate signage, high -visibility clothing and traffic control devices while
performing field survey work.
The CONSULTANT will deliver all topographic survey mapping in digital AutoCAD
(2016 version) format, with standard APWA layering, symbology and attribute
conventions. All mapping will be two-dimensional with individual line segments
connecting points. Final digital files are to be contiguous at a 1-to-1 scale in model
space. Point data blocks will include number identifier, elevation and description
fields will also be included. Mapping is to be planimetric with digital terrain
modeling.
10.3 Basemapping — RapidRide Area
The CONSULTANT will compile the topographic survey into a project basemap
based on APWA standard layers, line types and symbols, developed from APWA
standards, using AutoCAD 2016. The CONSULTANT will compile and map existing
features and underground utilities.
The CONSULTANT will deliver all topographic survey mapping in digital AutoCAD
(2016 version) format, with standard APWA layering, symbology and attribute
conventions. All mapping will be two-dimensional with individual line segments
connecting points. Final digital files are to be contiguous at a 1-to-1 scale in model
space. Point data blocks will include number identifier, elevation and description
fields will also be included. Mapping is to be planimetric and support digital terrain
modeling.
Deliverables:
24
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design-1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
• One (1) continuous basemap file for the Base Area using AutoCAD 2016 with
field survey data, existing right-of-way limits and parcel boundaries,
orthophotography background, DTM surface, and support files suitable for
external referencing into design files.
10.4 Supplemental Pothholing
The SUBCONSULTANT will conduct potholing of existing utilities at up to ten (10)
locations, which may conflict with proposed drainage facilities identified in
preliminary design. The SUBCONSULTANT will field survey the pothole locations to
determine the location of utility conflicts for both horizontal and vertical position.
The CONSULTANT will incorporate field survey data collected into the basemap for
the final engineering phase of the project.
Deliverables:
Incorporate supplemental utility conflict survey information into project
basemaps for use in project design.
Task 11 - Structural Design of Pole Foundations
Not applicable to this Phase.
Task 12 - Assistance During Bidding
12.1 Bid Period Support
The CONSULTANT will respond to questions from potential bidders as requested by
the CITY during the bidding process. The CONSULTANT will also help prepare up to
25
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design-1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
two (2) minor addendums for distribution to by the CITY during the bidding process.
The effort for the preparation of addendums is limited to the fee identified in the
attached fee schedule. The CONSULTANT will attend the bid opening, review the
bids received, and provide recommendations to the CITY regarding bid award.
Assumptions:
The CONSULTANT assumes that the CITY will prepare the bid tabulation.
12.2 Conformed Construction Documents
The CONSULTANT will modify the original bid documents to include any addendum
and then reissue both the Contract Plans and Contract Provisions as a set of
Conformed Construction Documents for use during construction. Also included in
the Conformed Construction Documents will be copies of the bid proposal for the
Contractor who is awarded the project.
Deliverables:
• Electronic copies of addendums in PDF format, if required.
• Five (5) copies of the Conformed Construction plans (half size, 1" = 40' scale)
and Conformed Project Manual submitted in hard copy form and delivered by
US Mail to the CITY. One (1) hard copy original of the Conformed
Construction plans (full size, 1" = 20' scale) and Conformed Project Manual for
reproduction by the CITY for construction purposes, delivered by US Mail to
the CITY.
Task 13 — Management Reserve
26
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHeheWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreenentW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design_3-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
Additional services may be performed by the CONSULTANT at the request of the
CITY, but only after written authorization has been given by the CITY defining the
Scope of Services to be performed.
Items to Be Prepared and/or Furnished by the Consultant
See deliverables under each task.
Items to be Furnished by the City
Meeting rooms for public meetings.
• The CITY will be responsible for the printing, postage, and mailing of
information to the community.
The CITY will advertise the project for construction.
• The CITY will print and distribute construction documents to plan hold centers
and prospective bidders.
Task 14 — N Southport Drive Transit Stops
The CITY and King County Metro (KCM) wish to construct new RapidRide bus zones
on N Southport Drive for each direction west of Garden Avenue N. This task will
include coordination for the location of those bus zones, and preparation of
preliminary (30%) construction document elements. Final design of any facilities may
be prepared as a supplement to this contract.
14.1 Rapid -Ride Bus Zone Coordination
27
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design_1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
The CONSULTANT will attend CITY -facilitated project RapidRide coordination
meetings at either the CONSULTANT's or KCM's offices. Up to three (3) meetings
are assumed for the RapidRide bus zones. Topics to be covered include bus zone
locations, anticipated project impacts and schedule, and bus zone amenities.
Deliverables:
Meeting Agenda for coordination meetings, submitted via e-mail in MS Word
format at least one (1) day before each meeting. The CONSULTANT will
attend up to three (3) coordination meetings with up to two (2) CONSULTANT
staff members per coordination meeting.
• Meeting Minutes from coordination meetings, submitted via e-mail in PDF
format within three (3) working days of the meeting. The CONSULTANT will
prepare up to four (4) utility coordination meeting minutes.
14.2 30% RapidRide Paving and Grading Plans (two [2] sheets, 1"=20'
scale)
CONSULTANT will prepare paving and grading plans, along with supporting details,
for new King County Metro (KCM) RapidRide bus zones on N Southport Drive just
west of advance Garden Avenue North. Included will be paving limits and limits of
cut/fill required. Existing utility features will be shown in halftone (screened).
14.3 30% RapidRide Opinion of Cost
The CONSULTANT will prepare an opinion of cost and bid schedule for the
RapidRide bus zones based on the 30% contract plans. The opinion of cost will be
based on unit prices and incorporate contingencies to account for the level of
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementlPr<302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design-1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
completeness of plan preparation for each submittal, and to reflect experience on
similar projects within the region.
In providing opinions of probable construction cost, the CITY understands that the
CONSULTANT has no control over the cost or availability of labor, equipment or
materials, or over market conditions or the Contractor's method of pricing, and that
the CONSULTANT's opinions of probable construction costs are made on the basis
of the CONSULTANT's professional judgment and experience. The CONSULTANT
makes no warranty, express or implied, that the bids or the negotiated cost of the
work will not vary from the CONSULTANT's opinion of probable construction cost.
Task 15 — Sanitary Sewer Extension
The CITY wishes to construct a 12-inch diameter sanitary sewer to connect from the
King County Metro interceptor line on the south side of the BNSF Railroad tracks to
the north side of the BNSF Railroad tracks to serve the redevelopment of the Puget
Sound Energy property that is just north of the BNSF Railroad tracks. This task will
include coordination for the location of the sanitary sewer extension, and
preparation of 90% and final construction documents. As directed by the CITY, the
design of the sanitary sewer extension will be prepared by Carollo Engineers
(Carollo) as a SUBCONSULTANT to the CONSULTANT. The design effort by Corrollo
will be authorized under a separate supplement of work.
15.1. Sanitary Sewer Coordination
The CONSULTANT will coordinate with Carollo and the CITY to confirm that the
concept developed by the CITY to install a new 12-inch diameter sanitary sewer line
under the BNSF Railroad in a 24-inch casing is constructible. The determination of
W
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design-1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
constructability will be a combined effort of additional geotechnical information
(Task 5.5). The CONSULTANT will coordinate with Carollo to incorporate Carollo's
plans, special provisions, and opinion of cost for the sanitary sewer into the project's
construction document set. The CONSULTANT will have no responsibility for the
sanitary sewer design elements.
Deliverables:
• Meeting Agenda for coordination meetings, submitted via e-mail in MS Word
format at least one (1) day before each meeting. The CONSULTANT will
attend up to three (3) coordination meetings with up to two (2) CONSULTANT
staff members per coordination meeting.
• Meeting Minutes from coordination meetings, submitted via e-mail in PDF
format within three (3) working days of the meeting. The CONSULTANT will
prepare up to three (3) utility coordination meeting minutes.
• Incorporation of Carollo's plans, special provisions and opinions of cost into
the overall construction document set for the project. Carollo's plans shall
use the same format as the other plans within the contract document set.
Carollo' special provisions shall be based on the WSDOT/APWA 2018
Standard Specifications and any available City of Renton standard
specifications for incorporation into the Project Manual by the CONSULTANT.
A separate bid schedule will be prepared by Carollo for incorporation into the
Project Manual by the CONSULANT.
Task 16 - Water Main Extension
The CITY wishes to construct a 12-inch diameter water from the south side of the
BNSF Railroad tracks to the north side of the BNSF Railroad tracks to serve the
redevelopment of the Puget Sound Energy property that is just north of the BNSF
0(
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design-1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
Railroad tracks. This task will include coordination for the location of the water
main extension, and preparation of 90% and final construction documents.
16.1 Water Main Coordination
The CONSULTANT will work with the CITY to coordinate the design details for
construction of a new 12-inch diameter water main line under the BNSF Railroad in
a 24-inch casing,
Deliverables:
Meeting Agenda for coordination meetings, submitted via e-mail in MS Word
format at least one (1) day before each meeting. The CONSULTANT will
attend up to two (2) coordination meetings with up to two (2) CONSULTANT
staff members per coordination meeting.
• Meeting Minutes from coordination meetings, submitted via e-mail in PDF
format within three (3) working days of the meeting. The CONSULTANT will
prepare up to two (2) utility coordination meeting minutes.
15.2 Water Main Plan and Profile, and Miscellaneous Details (two [2]
sheets, 1"=20' scale)
CONSULTANT will prepare a plan and profile for the Water Main extension to
construct a 24-inch casing under the BNSF Railroad, and a 12-inch Water Main line
in that casing. The Water Main will be constructed by either boring, or jacking,
under the BNSF Railroad from a jacking pit on the north side of the railroad to the
south side. Plan sheets will be prepared for the 90% and final submittals. An over -
the -shoulder review of the proposed plans will be conducted with the CITY as soon
31
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design-1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
as possible after the initial alignment is laid out in recognition that this project
element was not part of the 30 or 60-percent submittals
15.3 Water Main Opinion of Cost
The CONSULTANT will prepare an opinion of cost and bid schedule for the Water
Main for the 90% and final contract plans. The opinion of cost will be based on unit
prices and incorporate contingencies to account for the level of completeness of
plan preparation for each submittal, and to reflect experience on similar projects
within the region.
In providing opinions of probable construction cost, the CITY understands that the
CONSULTANT has no control over the cost or availability of labor, equipment or
materials, or over market conditions or the Contractor's method of pricing, and that
the CONSULTANT's opinions of probable construction costs are made on the basis
of the CONSULTANT's professional judgment and experience. The CONSULTANT
makes no warranty, express or implied, that the bids or the negotiated cost of the
work will not vary from the CONSULTANT's opinion of probable construction cost.
15.4 Water Main Project Manual Elements
The CONSULTANT will prepare a bid schedule and special provisions for the water
main to include in the Project Manual (Task 7.15) for the project based on English
units for the 90% and final submittals. These will include Special Provisions for the
items of work that are not covered by the 2018 WSDOT/ APWA Standard
Specifications, including any Renton General Requirements.
32
H:WDivision.sWTRANSPOR.TATWDESIGN.ENGWHebeWNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design_1-8-19.doc
AGENDA ITEM #7. h)
PARK AVENUE N EXTENSION — FINAL DESIGN PHASE
Agreement with Perteet Inc. January 8, 2018
DESIGN CRITERIA
The CITY will work with the CONSULTANT to develop the basic premises and criteria
for the design. Reports and plans, to the extent feasible, will be developed in
accordance with the latest edition and amendments of the following:
1. AASHTO 2010, "A Policy of Geometric Design of Highways and Streets."
2. WSDOT, "Standard Specifications for Road and Bridge Construction."
3. WSDOT, "Design Manual."
4. WSDOT, "Materials Laboratory Outline."
5. WSDOT, "Construction Manual."
6. WSDOT, "Local Agency Guidelines."
7. Highway Research Board's Manual entitled "Highway Capacity."
8. FHWA and WSDOT, "Manual on Uniform Traffic Control Devices for Streets
and Highways."
9. Standard drawings prepared by City of Renton and furnished to the Consultant
will be used as a guide in all cases where they fit design conditions and where
no City of Renton standard drawings are applicable; WSDOT Standard Plans
will be used as a default.
10. AASHTO "Guide for the Development of Bicycle Facilities."
11. AASHTO 1993 "Guide for the Design of Pavement Structures."
12. WSDOT Highway Runoff Manual.
13. WSDOT Hydraulics Manual.
14. King County Surface Water Design Manual.
15.2012 Department of Ecology Stormwater Management Manual for Western
Washington.
16. City of Renton Municipal Code.
33
RWDivision.sWTRANSPOR.TATWDESIGN. ENGWHebe#/WNorth Park Ave ExtensionW300 Design Consultant
ContractW302 Consultant AgreementW302.3 AgreementW302.3.7 Supplement 7WPark Ave N Ext Scope Final
Design_1-8-19.doc
pERTEET
Exhibit D7
Proect
PROMO - PsA Ave N Extension - Final Design
Contract Start Dam 12M72018
Guam
City of Renton
Contract End Deis 420/2019
PM
Peter De Bo1d1
Contract Durallon: 4 Months
Lest Update data 1r82019
Pertow Project No. 20160266.003
Task Billing Rate
Principal
Sr.
Associate
Sr.
Englnowl
Mgr
Load
Engineer
Mgr
EnOlnow Ill
Engineer Il
Lead
Tarf%nlaiard
Designer
Accountant
Clerical
Total
Hours
Labor Dollars
$279.88
$216.17
$198.69
$136.71
$123.69
$102.84
$119.58
S118.51
$74.25
Propel Management
Condnous Project Monogemont
48.00
24.DC
8.0C
80.00
$19.150.00
Budget a Schodulo Oversight
8.00
8.0
$2.239.GO
Work Plan
2.00
4.M
6.
S1,354.09
Project Coordination M"Ungs
48.00
72.0C
24.DC
144.
$29,521.
QA/OC Program
24.00
1 24.
$6,717.
TOW Pf*Ct Managw-d
130.090.00
10DA
0.00
0.00
0.00
0.00
ILOG
24.0C
26LOC
SIS11,931AC
Agoncy/lArge Progeny Owner Coord 8
Planning
18.00
24.
6.
48.
$10.252.
Total Agmy&mme property Owner
Cocrd & PMrinkq
18.00
0.00
24M
0.00
0.00
0.00
0.00
0.00
6.0C
48.
$10,252.
Public Involvement Program
Total PWft bwoNemonrt Pmgmm
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0c
0.00
1110.
RIgM-ot-Way Acqulatlorl
Total Rlghtot•Way Acqubtkn
0.00
0.00
0.011
0.00
0.00
0.00
0.00
0.00
0.00
0.
$0.
Oeotachnical Engineering Services
2.00
8.00
10.0
$1,549.
Total OaoterllrJc I Erl kwwtV SOVIM
2.00
0.00
0.
0.
0
0.0C
0.00
0.00
10.00
$1,549.
Final Plam,SpecNcatlons and Estlmata
90% PSdE
90% Plans
8.00
16.00
24.00
40.0
160.00
140.00
3118.00
$52,467.00
90% project Manual
4.00
48.00
16.00
16.00
84.
$14.032.GC
90% Opinion of Cost
4.00
12,00
24.00
16.00
56.
$7,049,00
Final PS&E
Final Plans
2.00
12.Oq
16A
24.00
40.00
40.00
134.OD
$19,345.0
Final Project Manual
2.00
16.
16.00
34.00
S4,927.0
Final Opinion of Cost
4A
16.00
16.00
36.00
S4,419.0
Bid Package
4.
8.DO
12,00
24.DO
S3.219. FX
ToUd FO1d PW=,Spetillc Wft UA
Estimate
ICLOC
2&00
110.
92.00
243.00
32M
191
0.00
37
756.
$105,
Frenchlse Utilities Review and
Coordination
2M
4.
16.
22.
$3.334.
Total Freridlbe t)tOttes Review and
Coomlluden
2.00
0.00
4.0C
0.00
10.00
0
0.0c
0.00
0.00
22.00
$3.334
Stomrwotw Report
Final Story-oler Report
4.00
32.00
8.
4.00
48.00
S6,423.0
Total 8tomnrater Report
0.00
0. FC
4.00
3200.0
0.
&01
0.00
4,00
48.00
$6.423.00
v7.6.732 (PETERD)
rn
z
v
Page 1 of 3
V
Task Wing Rate
$216,171 $198.691 $136.711 5723691 $102.641 $119.581 $118.51
Clerlcol _I Total Labor Dollars
Supplemental Svrvey and Besemapping
Z.
8 OD
4-
14 as
S1.855.1) 1
Total Supplemental Survey and
Basarrappiag
0.00
0.00
2.0C
OIDD
9,00
11,00
4.00
0.00
0.00
14.00
S1.865.0
Analetanco- During Bldding
Bid Penod Support
4.DO
8_
1200
72.0,
36,06
55.628.
COMotmed Construction Documens
2.00
IO.DO
12 of
24.00
$3.069.
Total Assistance During Bidding
4.00
0.00
10.
0.00122.00
0.11C
24.GC
0.00
0.00
60.00
911,69B.DC
N Southport Drive Transit Stop.
Rapid Ride Bus Zone Coordination
12.00
2C.DO
3.x
35.00
57,555,0
3014 HapidHlde ConsImlOn
Documents
Pang A Grading Plena
2.Oo
IG.O
12.00
1.t.OL
74.00
$10,567.0
Total N Southport Drive Transit Stops
14.00
0.130
36.00
O.D
32.00
0.00
24.DC
0.0
3.00
109.00
$111,122.00
Sanitary Sewer Extension
Sanitary Sewer Coordination
'2.uc
IE.DC
11t 00
12 Ofl
X
S&CO
S10,188.0
Tote( Sanitary Saww Extension
12.00
0.00
16.CK
0.00
16.00
0.00
1200,200
0.00
58100
310.1
Water Main Extension
Water Ma," Coordination
4 11i-
S.DC
12.CG
$2,709.
Water Main Plan a Profile, Mise, DCtails
IO,Dc
24.00
Z4.UO
55.0
$7.826.
Water Main ODinlon of Cast
2.00
B.00
10.00
S t.387,0
Water Main Pralocl Manual Elements
8.00
1,0C
9.001
SI,6W.0
Total Water Main Extension
4.DO
0.00
28.00
0.00
32.00
0.00
24.DO
0.0
1.0
89.00
$13.585.00
Expanse.
Total Expenses
0.00
0.00
9.110
0,00
0100
0.00
OLDC
C.00
DAD
C.CO
$0.00
Total Hours
202.00
28.00
340.00
124.00
382.00
32.00
29&00
1C.00
70.013,
1,476.00
Total DQUOM
358.532.00
$8,053.00
07,558.00
$10.952,00
$47.250.00
$3.291.00
$34.440.00
$1.195,00
$5,1.97.00
3238,458.00
Expenses:
CADD1Computer 3,72
Mileage - $.545 14
Postage and Delivery 5
Reproduction - Rsimburxad 55
Totsiv: 4,407
SUMMARY
Labor 3238 458.00
Expense. $4 487.00
SuWonsubanis $45 694.DD
CONTRACT TOTAL $288,517.DD
Deduct unused and unallocated budget From prevlous agreenlenls - $39.ODO
(Idonbty as Management Reserve)
Net Increase for Final Design (not Including Carello'e Sanitary Sewer
dexlgn} $249.617
v7.6,732 (PETERD) -
Subconsuhant Fees:
Cast Markup B
1 Alliance 6aomatics, LLC
11.628 11.62
Chudgar Engineering Company
HWA GeoSconces Inc
34,065 34,06(
Totals:
45.694 45,8
m
Z
v
IN
AGENDA ITEM #7. i)
AB - 2323
C[TY OF
-----wwwo�Renton uOo�"
SUBJECT/TITLE: Supplemental Agreement No. 2 to CAG-17-128 with Gray & Osborne,
Inc. for the Renton Avenue South Resurfacing Project
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Michelle Faltaous, Project Manager
EXT.: 7301
This supplement increases the contract amount by $133,827 to $290,941.03 and is within budget and
considered reasonable. The project budget number is 317.122185.016.595.11.63.000.
This project will resurface a 0.59 mile segment of Renton Avenue South from South 130th Street to Hardie
Avenue SW/Taylor Avenue NW. The project, which will grind down existing pavement and install a 3-inch
overlay, will extend the life of the pavement by 12 to 15 years. It will include curb ramp retrofits and
pedestrian access improvements. The project is included in the Transportation Improvement Plan (TIP) for
design completion in 2018 and completion of construction in 2019.
This supplemental agreement will add construction management services and inspection tasks to the scope of
work included in the original contract with Gray & Osborne, Inc., CAG-17-128.
A. Supplemental Agreement
Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 2 to CAG-17-128 with Gray &
Osborne for construction management and inspection services for the Renton Avenue South Resurfacing
Project.
AGENDA ITEM V. i)
AM
Washington State
VW Department of Transportation
Supplemental Agreement
Organization and Address
Number 2
Gray & Osborne, Inc. Consulting Engineers
1130 Rainier Avenue South, Suite 300
Original Agreement Number
CAG-17-128
Seattle, WA 98144
Phone:
Project Number
Execution Date
Completion Date
December 31, 2021
Project Title
New Maximum Amount Payable
Renton Avenue South Resurfacing
S290,941.03
Description of Work
The project calls for the design of a grind and overlay on Renton Avenue South between Taylor Avenue NW and S 130th Street to
include curb ramp retrofits and pedestrian access improvements. This Agreement provides construction management services.
The Local Agency of City of Renton
desires to supplement the agreement entered in to with Gray & Osborne. Inc.
and executed on June 22, 2017 and identified as Agreement No. CAG-17-128
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
The Scope of Work described in the original agreement is amended to add the additional work and costs as set forth in Supplemental
Agreement No. 2 EXHIBIT B attached and incorporated by reference.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: No Change
Section V, PAYMENT, shall be amended as follows:
As set forth in Supplemental Agreement No. 2 Exhibit A attached and incorporated by reference adding $133,827. Basic Agreement
S 125,283.03 + Supplemental Agreement No. I S31,831.00 + Supplemental Agreement No. 2 $133,827.00 = S290,941.03.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By:
DOT Form 140-063
Revised 09/2005
By:
Consultant Signature Approving Authority Signature
Date
AGENDA ITEM #7, i)
EXHIBIT "A"
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Renton - Renton Avenue South Resurfacing Construction Management
Tasks
Project
Manager/
Principal
Hours
Project Engr.
Hours
Civil Engr.
Hours
Engineer In
Training
Hours
AutoCAD
Technician
Hours
I Project Management
49
2 Preconstruction Services
16
16
8
3 Contract Administration
182
252
80
60
4 Project Closeout Services
16
24
16
Hour Estimate:
263
292
80
68
16
Direct Salary Cost
$50.50
$37.75
$36.75
$27.50
$32.00
Direct Labor Cost Billing Rate Range:*
S40 to $55
$30 to $39
$30 to $39
$25 to $38
$20 to $36
Direct Labor Cost:
$13,282
$11,023
$2,940
$1,870
$512
Total Direct Labor Cost (DLC):
$
29,627
Overhead (OH Cost - Incl. Salary Additives)
OH Rate x DLC of 186.65% x $29,627
$
55,299
Total DLC and Overhead
$
84,926
Fixed Fee (FF):
FF Rate C 28% of $29,627
$
8,296
Reimbursables
Printing and Gas
$
476
TOTAL ESTIMATED COST
$
93,698
Optional Task (inspection Services)
$
30,129
Management Reserve (MR)
$
10,000
TOTAL ESTIMATED COST WITH OPTIONAL TASK AND MR:
$
133,827
* Actual labor cost will be based on each employees actual rate, estimated rates are for determining
total estimated cost only.
cao-17534 Page 1 of
AGENDA ITEM #7. i)
EXHIBIT "A"
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Renton - Renton Avenue South Resurfacing Construction Management
Field Inspection (Optional Task)
Tasks
Project
Manager/
Principal
Hours
Resident Eng.
Hours
5 Field Inspection Services
4
240
Hour Estimate:
4
240
Direct Salary Cost 1
$50.50
$37.58
Direct Labor Cost: 1
$202
$9,019
Total Direct Labor Cost (DLC): $ 9,221
Overhead (OH Cost - Incl. Salary Additives)
OH Rate x DLC of 186.65 x $9,221 $ 17,211
Total DLC and Overhead $ 26,433
Fixed Fee (FF):
FF Rate @ 28% of $9,221 $ 2,582
Reimbursable
Mileage, etc. $ 1,114
TOTAL ESTIMATED COST $ 30,129
c&o #17534 Page 2 of 2
AGENDA ITEM #7. i)
EXHIBIT B
SCOPE OF WORK
CITY OF RENTON
RENTON AVENUE SOUTH RESURFACING
AGREEMENT NO. CAG-17-128
FEDERAL AID NO. STP(UL)-1201(023)
Gray and Osborne (Consultant) shall provide construction management services to the
City of Renton (Agency) for the Renton Avenue South Resurfacing project. The Agency
plans to provide inspection services; however, the Agency may request the Consultant to
provide limited on -site inspection via the Management Reserve.
CONSTRUCTION MANAGEMENT SERVICES
It is the intent of this scope to provide sufficient services for the duration of the contract
(60 working days). The Consultant will provide the following tasks:
Task No. Task
Project Management
a. Provide overall project management to include resource allocation
management, client contact, and coordination with various project
stakeholders including, but not limited to, Agency, design
consultant, Contractor, material testing, and regulatory agencies
during the construction phase of project. Coordinate with Agency
through emails, conference calls, and meetings.
b. Manage consultant team, comprised of Consultant's staff. Orient
Agency provided Inspector to Consultant Inspection procedures
and documentation. Organize and layout work for Consultant
Team and City Inspector.
C. Review monthly expenditures and Consultant Team scope
activities. Prepare and submit to the Agency monthly Agency -
Provided Progress Reports to be included in invoicing.
d. Prepare and submit reporting required by funding source(s), if any.
G&O 9t17534 Page 1 of 9
AGENDA ITEM V. i)
Deliverables:
• Monthly invoice and Agency -Provided Progress Report
spreadsheet(s) (one hard copy to be mailed to the Agency each
month).
• Prepare meeting agendas and meeting notes. Agenda will be
submitted to Agency two days before meeting and meeting notes
will be submitted two days after meeting.
2. Preconstruction Services
a. Prepare a Non Materials Submittal List from the Contract
Documents.
b. Organize and lead the preconstruction conference (prepare and
distribute notices, prepare agenda, send out invitations, conduct
meeting, and prepare/distribute meeting minutes).
C. Provide one set of preconstruction photographs or video on
CD/DVD or USB drive within 2 weeks from NTP.
d. Review Contractor's schedule, and provide comments to the
Contractor and Agency.
Deliverables:
Non Material Submittal list. Deliver to the Agency within 2 weeks
from the bid opening date.
Preconstruction Conference notice, agenda, minutes, and
Contractor's schedule comments. Deliver to Agency the notice and
agenda at least 2 days before the preconstruction conference
meeting and deliver the minutes and schedule comments no later
than 2 days after the preconstruction conference meeting.
Preconstruction photos or video files no later than 2 days from
preconstruction conference meeting.
3. Contract Administration
a. Interpret Contract Documents.
b. Review contractor's schedules for compliance with Contract
Documents. Monitor contractor's conformance to schedule and
c&o »17534 Page 2 of 9
AGENDA ITEM #7. i)
require revised schedules when needed. Advise Agency of any
schedule changes.
C. Monitor and track contractor's notification to the public relative to
construction activities and the occupants of property fronting the
construction for compliance with Contract Documents. Provide
updates to Agency in weekly meetings.
d. Manage and track submittal process. Provide review for
submittal/Request of Material (RAM)/Qualified Product List
(QPL)/Certificate of Material Origin (CMO) and other required
documentation from funding sources. Update and manage the
Record of Materials (ROM) with submittal information and advice
any known deficiencies. Update Non Material Submittal list and
log. Provide updates to Agency in weekly meetings.
e. Evaluate Contractor's Schedule of Values for lump sum items.
Review Contract Price allocations and verify that such allocations
are made in accordance with the requirements of the Contract
Documents.
Track, review, and evaluate, or manage to be reviewed/evaluated
by other appropriate party, Request for Information (RFI) from
Contractor. Manage responses to RFIs.
g. Review and track Contractor's and subcontractor's; Request to
Sublets, Federal -Aid Project Certifications, statement of intent to
pay prevailing wages; conduct wage rate interviews, submit
FHWA 1391 and FHWA 1392 forms to Agency, and monitor
prevailing wage compliance. Collect, record, and check weekly
certified payrolls per the WSDOT requirements.
h. Review and track subcontractor's Request to Sublets and Federal -
Aid Project Certifications. Collect, record, and check Contractor's
and subcontractor's weekly certified payrolls; review and track
statements of intent to pay prevailing wages; conduct wage rate
interviews, submit FHWA 1391 and FHWA 1392 forms to
Agency, and monitor prevailing wage, and collect Affidavits of
Wages Paid at project end for compliance.
UDBE Tracking: monitor and confirm Contractor and UDBE
subcontractors meet Contract requirements, conduct UDBE on -site
review surveys and track/submit monthly UDBE report to Agency.
Notify Agency if Contractor is at risk of not achieving established
UDBE goal of 7 percent.
c&o »f7534 Page 3 of 9
AGENDA ITEM #7, i)
J. Review Daily Inspector's reports (IDR) and check Field Note
Records per Agency and WSDOT requirements we well as verify
proper signatures are obtained.
k. Collect Contractor's Traffic Control Supervisor (TCS) certificate
prior to TCS working on job site. Review and collect Contractor's
daily traffic control diary are prepared per WSDOT requirements.
I. Prepare monthly progress (pay) payment forms and review with
Contractor and Agency. Prepare and review field note records are
prepared for quantities paid each month and signatures are
obtained from the Inspector and the Contractor. Review payment
requests by Contractor and recommend approval, as appropriate.
M. Lead weekly, in -office construction meetings with the Contractor,
Agency's representative, inspector, various regulatory or funding
personnel, utility companies, and other stakeholders deemed
necessary to help facilitate construction and construction
coordination. Note: the contract identifies a 60 work day period
for physical completion which equates to 12 weeks, or
approximately 12 weekly meetings/site visits by the Project
Manager. Prepare weekly meeting agenda and meeting notes.
Track outstanding issues on weekly basis. Provide the Agency
with brief weekly construction progress reports, highlighting
process and advising of issues which are likely to impact cost,
schedule, or quality/scope.
n. Spend up to 40 hours preparing change orders. Evaluate
entitlement, and prepare scope, impact, and independent estimate
for change orders. Estimate and/or record quality measurements of
material, equipment and manpower for determining costs for
change orders. Facilitate resolution and represent the Agency's
interest in negotiation of change order with the Contractor.
Coordinate with WSDOT to obtain Blue Book rates on equipment
as may be applicable. Prepare change orders and change order
documentation in accordance with the LAG Manual. Track force
account records and verify appropriate signatures are obtained.
Prepare change orders for execution by the Agency and Contractor
subject to approval of the Agency and WSDOT.
Material Testing — Coordinate with King County Material Lab to
retain test reports. Review material testing results and arrange for
additional testing as needed. Inform Agency and Contractor of
c&o 17534 Page 4 of 9
AGENDA ITEM #7. i)
failing tests and deficiencies. Hard copy of test reports will be
delivered to the Agency at the end of project.
p. Assist Agency in the investigation of malfunctions or failures
during construction.
q. Provide information for Agency to prepare media communications
and public notices on Project status. Provide information for
Agency's inclusion into a Project website and/or newsletters.
r. Take periodic digital photographs during the course of
construction. Photographs to be labeled and organized by date and
include location and a brief description (self-explanatory).
Photographs will be submitted via email or in DVD format or
USB.
S. Conduct punch list walk through and provide punch list to
Contractor. Coordinate final inspection with agencies.
t. Record Drawings — review weekly Contractor's and Inspector's
redline set of contract plans. Consultant will keep a log to track
redlines weekly. Redline log will be submitted to the Agency
during regular meetings.
U. Document control — establish and maintain document filing and
tracking systems, following Agency guidelines and meeting
funding agency requirements. Collect, organize, and prepare
documentation on the Project. One hard copy of files including
records from hard copy originals and electronic records will be
kept in the office. Electronic documentation will be stored by
consultant and electronic records of files will be submitted to
Agency via email or Consultant's FTP if exceed maximum file
limits.
Deliverables:
• Weekly construction progress reports.
• Schedule review comments.
• Meeting agenda and notes. Agenda will be submitted to Agency at
least 2 days before meeting and notes will be submitted to Agency
within 2 days after meeting.
• Submittal log.
G&O=t7534 Page 5 of
AGENDA ITEM #7. i)
• UDBE reviews. Deliver to Agency 2 days upon completion.
• ROM log and supporting documentation. RFI log with review and
comments and supporting documentation.
• Request to Sublets, Federal -Aid Project Certifications, Statement
of Intent, wage rate interviews, checked weekly certified payrolls,
UDBE onsite survey, TCS certificates, affidavits of wage paid at
project end, monthly progress payment forms, digital photos/video.
• Force Account Records, including review of labor and equipment
rates and proper signatures are obtained.
• Change order(s) and supporting documentation.
• Redline log.
• Complete redline set of contract plans.
• Monthly progress payment forms, signed field note records and
supporting documentation.
4. Project Closeout Services
a. Prepare final payment form for Agency approving and processing.
b. Prepare letters of substantial, physical, and final completion.
C. Assist the Agency in closing out the project, prepare Notice of
Completion Form and Final Contract Voucher, including WSDOT
Local Programs final audit.
d. Prepare files and participated in the WSDOT Project Management
Review (PMR).
e. Prepare and sign materials certification form per LAG
requirements.
f. Provide project files to the Agency. Compile and convey final
project records, transferring to Agency for archiving at final
acceptance of the Project. Records will consist of hard copy
originals and electronic records on DVD or USB drive.
G&O $17534 Page 6 of 9
AGENDA ITEM #7, i)
g. Prepare record drawings from Contractor prepared redline
drawings.
Deliverables:
• Final process payment form.
• Letters of substantial, physical, and final completion will be
submitted to Agency within 5 days of completion.
• Project materials Certification Checklist LAG Appendix 52.104
with the completion letter.
• Final records — hard copy and electronic — deliver to Agency
within 2 two weeks of project completion.
• Record Drawings — deliver to Agency within 4 weeks after the
deliverable of the conform set of redline contract plans.
5. Management Reserve Fund — The purpose of the Management Reserve
Fund is to provide limited additional services as may be desired by the
Agency, but either (1) not anticipated at this time; or (2) anticipated but
not able to clearly define. This work may include additional meetings,
field inspection, and/or site visits, miscellaneous office support, enhanced
inspection services, survey staking, or work items related to and/or as may
be further required for this project. The Consultant shall not incur costs or
utilize any portion of these funds without specific and further written
authorization from the Agency.
Assumptions
The Consultant will coordinate with King County Material Testing
Laboratory to obtain the materials testing results and notify the Agency
about the results. King County Materials Testing Laboratory will provide
the ROM to the Consultant.
The Agency will provide inspection services to include the following:
a. On -site day-to-day observation services to observe the progress of
the work and determine, in general, that the work is proceeding in
accordance with the Contract Documents and notify Contractor of
non-compliance. Review means and methods employed by
Contractor and materials delivered to the site.
G&O #17534 Page 7 of 9
AGENDA ITEM #7, i)
b. Prepare and submit Inspector's Daily Report, recording the
contractor's operations as actually observed by the Consultant,
including quantities of work place that day, contractor's equipment
and crew, other pertinent information, and supporting project
photos. The number of photos taken for the work in the IDRs shall
not be limited by Consultant. IDRs will be submitted on a daily
basis to the Agency.
Prepare Weekly Statement of Working Days Reports.
d. Prepare and submit, Weekly Quantity Reports, and Daily Report of
Force Account Worked (signed by Inspector and Contractor), wage
rate interviews, DBE on -site reviews, and other pertinent
documentation per funding requirements. Send consultant
information and data needed to prepare field note records.
e. Monitor, collect, and document all TCS reports. Monitor certified
TCS onsite.
Establish communication with adjacent property owners and utility
companies. Respond to questions from various stakeholders
during the course of the project, particularly those visiting the
construction site.
g. Take periodic digital photographs during the course of
construction. Photographs to be labeled and organized by date and
include location and a brief description (self-explanatory).
h. Record Drawings — Maintain an Inspector set of conformed
drawings tracking plan changes, location of discovered anomalies
and other items, as encountered by the Inspector.
i. Evaluate issues which may arise as to the quality and acceptability
of material furnished, work performed, and rate of progress of
work performed by the Contractor.
j. Coordinate with permit holders on the Project to monitor
compliance with approved permits, if applicable.
k. At substantial completion, coordinate with the Agency and prepare
a punch list of items to be completed or corrected.
Coordinate final walk-thru of the project with the Agency,
Contractor, and Project Manager prior to recommending project
acceptance.
G&O #17534 Page 8 of 9
AGENDA ITEM #7. i)
M. Coordinate material and compaction testing between the
Contractor and King County Materials Testing Laboratory.
G&O #17534 Page 9 of 9
AGENDA ITEM #a) 9. a)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE SALE
OF A PORTION OF A CITY -OWNED PARCEL IDENTIFIED AS KING COUNTY PARCEL
NO. 3224059010 TO THE STATE OF WASHINGTON DEPARTMENT OF
TRANSPORTATION ("WSDOT") IN RELATION TO WSDOT'S 1-405 RENTON TO
BELLEVUE WIDENING AND EXPRESS TOLL LANES PROJECT, AUTHORIZING THE
MAYOR TO SIGN THE NECESSARY DOCUMENTS TO TRANSFER TITLE, AND
AUTHORIZING THE REPAYMENT OF $10.000 IN GRANT FUNDS TO KING COUNTY.
WHEREAS, as a part of the overall 1-405 Renton to Bellevue Widening and Express Toll
Lanes Project (the "Project"), the State of Washington Department of Transportation ("WSDOT")
needs to acquire 45,225 square feet of certain property owned by the City for WSDOT right-of-
way, such property to be acquired being legally described in Exhibit A attached hereto and
incorporated by reference as if fully set forth, and commonly known as the "Fawcett East"
property, located on Lake Washington Blvd N, King County Parcel No. 3224059010 (the
"Property"); and
WHEREAS, WSDOT informed the City of its intent to acquire the portion of the Property
under the imminent threat of WSDOT's exercise of eminent domain;
WHEREAS, the Property was acquired as park property in part with King County
Conservation Futures Grant funds, and pursuant to an interlocal agreement, partial repayment
of the grant funds is required because the portion of the Property to be acquired by WSDOT will
be converted to non -park use; and
WHEREAS, the Property was appraised and WSDOT offered the City a purchase price of
$20,000 commensurate with the appraisal value; and
1
AGENDA ITEM #a) 9. a)
RESOLUTION NO.
WHEREAS, by email dated December 5, 2018, King County accepted the appraisal and
agreed to accept $10,000 as repayment of the grant funds in satisfaction of the interlocal
agreement; and
WHEREAS, the City after a news release and publication of a public notice for public
hearing, did hold on the 4th day of February, 2019, a public hearing to consider authorizing the
sale of the Property, and those members of the public who wished to testify were duly allowed
to testify and the testimony was considered by the City Council; and
WHEREAS, the City Council has determined that the sale of the Property is in the public
interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Council authorizes the sale of the Property to WSDOT for right-of-way
in the amount of $20,000.
SECTION II. The Mayor is hereby authorized to sign the necessary documents to
transfer title of the Property to WSDOT.
SECTION III. The Council authorizes transfer of funds in the amount of $10,000 to King
County as repayment of King County Conservation Futures Grant Funds.
PASSED BY THE CITY COUNCIL this day of 12019.
Jason A. Seth, City Clerk
2
AGENDA ITEM #a) 9. a)
RESOLUTION NO.
APPROVED BY THE MAYOR this day of 12019
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
RES:1793:12/19/18:scr
Denis Law, Mayor
3
AGENDA ITEM #a) 9. a)
RESOLUTION NO.
EXHIBIT A
All that portion of the hereinafter described TRACT " " lying westerly of a line beginning at
a paint opposite Highway Engineer's Station (hereinafter referred to as HE) 583+30.55 on
the SR 405 line survey of SR 405, N.E. 3rd St. Vic. to S.E. both St. Vic. and 125 feet easterly
therefrom; thence northerly parallel with said line Survey to a point opposite HES 583+86
thereon; thence northerly to a point opposite HES 587+41on said line survey and 164 feet
easterly therefrom; thence northewtrerly to a point opposite HES 589+31.65 on said line
survey, and 193.95 feet easterly therefrom; thence northeasterly along a curve to the right
having a radius of 1,168 feet, for an arc distance of 487.28 feet to a point opposite HES
594+33.71 on said line survey and 350.13 feet easterly therefrom; thence northeasterly to a
point apposite RES 596+63.97 on said line survey and the end of this line description.
TRACT "`""
Parcel "A„
That portion of the following described property lying east and southeast of State Highway
o, 1 (SR405);
That portion of government Lot 1 in Section 32, Township 24 North, Range 5 East, W M,,
in Ding County, Washington, described as follows;
Beginning on the east line of said Government Lot 1, South 0104213" West 30 feet from the
northeast corner thereof;
Thence South 01'42'13" West 963.80 feet;
Thence North 88°48'55" West 644.44 feet,
Thence South 01°11"02" West 329.55 feet to a point
Government Lot 1;
Thence North 88°4 '5 " West 20 feet;
Thence North 01011'02t" East 15 1.5 8 feet;
Thence North 53155'45" West 416.57 feet;
Thence North 77° l 0'0" West 408.2 fleet to the
Boulevard;
l 1 feet north of the south line of said
easterly margin of Lake Washington
Thence North 3005613" East along said easterly margin 907.39 feet;
Thence on a curve to the right having a radius of 65.49 feet, distant 68.84 feet to a point 30
feet south of the north line of said Covemment Lot l;
Thence South 88150' 10" East 907.54 feet to the Point of Beginning.
EXCEPT that portion conveyed to [ding County for 108th Avenue Southeast by deed under
Recording No. 5700801.
4
AGENDA ITEM #a) 9. a)
RESOLUTION NO.
Parcel "B"
That portion of the following described property lying east of State Highway No. 1 (Sly 405)
as conveyed to the Skate of Washington by deed recorded under Recording No. 4 73375:
That portion of Government Lot I in Section 32, Township 24 North, Range 5 East, W.Iv1.,
in Ding County, Washington, described as follows:
Beginning at a point on the east line of said lot from which the northeast corner thereof bears
North 01'42' 13" East a di stance of 993.80 feet;
Thence South 01 °42'l 3" Nest along the east line of said lot, 340.55 feet to the southeast
corner thereof;
Thence along the south line of said rot North 88"48'58" West 641.35 feet;
Thence North 1 ° 11'02" Fast 340.55 feet;
Thence South 88°48'Sg" East 641.35 feet to the Point of Beginning.
EXCEPTING THEREFROM that portion of the above described tract lying south of the
following described lines:
Beginning at a point 11 feet north of the southeast corner of the above described tract;
Thence westerly 559 feet, more or less, to a point which is 13 feet north of the south line of
the tract hereinabovc described;
Thence continuing westerly 82 fleet, more or less,, to a point on the westerly line of said tract
distant I I feet north of the south line of said Government Lot 1.
ALSO EXCEPT that portion conveyed to Ding County for 108th Avenue Southeast by deed
recorded under Recording No. 5700802.
The lands herein described contain an area of 45,225 square feet, more or less, the specific
details concerning all of which are to be found on sheets 21, 22, and 24 of that certain plan
entitled SR 405, N.E. 3rd St. Vic. to S.E. 64th St. Vic., r10w of record and on file in the office
of the Secretary of Transportation at Olympia, and hearing date of approval April 21, 2006,
revised June 2, 2017.
5
AGENDA ITEM #a) 9. b)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE CITY OF
RENTON TITLE VI PLAN.
WHEREAS, the federal government enacted Title VI of the 1964 Civil Rights Act which
provided that no person in the United States shall on the grounds of race, color, national origin,
or sex be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity receiving Federal financial assistance; and
WHEREAS, the Civil Rights Restoration Act of 1987 broadened the scope of Title VI
coverage by expanding the definition of terms "programs or activities" to include all programs or
activities of Federal Aid recipients, sub -recipients, and contractors, whether such programs and
activities are federally assisted or not; and
WHEREAS, Limited English Proficiency — Executive Order 13166 clarified that individuals
with Limited English Proficiency are protected under the Title VI nondiscrimination provisions
related to national origin, and requires Federal Aid recipients, sub -recipients and contractors to
take reasonable steps to provide meaningful access to programs, services and entities. These
reasonable steps may include providing information, services and materials in languages other
than English; and
WHEREAS, Environmental Justice — Executive Order 12898 clarified that Title VI requires
Federal aid recipients, sub -recipients and contractors to conduct an equity assessment to ensure
full and fair participation of minority and low-income communities and avoid disproportionately
high or adverse human and environmental impacts from transportation projects; and
1
AGENDA ITEM #a) 9. b)
RESOLUTION NO.
WHEREAS, the City created its Title VI Plan in coordination with the Washington State
Department of Transportation in its capacity of administrating the distribution of Federal
Highway Administration funds. The City's Title VI Plan is intended to apply primarily to programs
funded by such funds;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council adopts by reference the City of Renton Title VI Plan, City
of Renton Federally Funded Transportation Program, attached as Exhibit A and incorporated
herein.
PASSED BY THE CITY COUNCIL this day of 12019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of 12019.
Approved as to form:
Shane Moloney, City Attorney
RES.1800:1/11/19:scr
Denis Law, Mayor
2
AGENDA ITEM #a) 9. b)
City of Renton
TITLE VI PLAN
City of Renton Federally Funded Transportation Program
City of Renton Title VI Plan
AGENDA ITEM #a) 9. b)
Table of Contents
I.
Policy Statement, Authorities and Citations....................................................................
3
II.
Organization, Staffing and Structure............................................................................
4
III.
Title VI Plan Implementation and Program Administration ........................................
5
IV.
NHI Education and Title VI Training...........................................................................
7
V.
Complaint Procedures — Allegations of Discrimination in Federally Assisted
Programsor Activities............................................................................................................ 8
VI.
Sub -Recipient Review and Remedial Action Procedures ..........................................
10
A.
Title VI Review of Sub -recipients of Federal -Aid Highway Funds ...........................
10
B.
Post -Grant Reviews....................................................................................................
11
C.
Remedial Action.........................................................................................................
11
VII.
Title VI Implementation Activities in Special Emphasis Program Areas ..................
11
A.
Planning & Location Activities..................................................................................
11
B.
Consultant Contracts Activities..................................................................................
12
C.
Design & Engineering / Environmental Activities.....................................................
13
D.
Right-of-way Activities..............................................................................................
14
E.
Construction Activities..............................................................................................
15
City of Renton Title VI Plan
AGENDA ITEM #a) 9. b)
I. Policy Statement, Authorities and Citations
A. Policy of Nondiscrimination
The City of Renton assures that no person shall on the grounds of race, color, national origin, or
sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act
of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any City sponsored program or activity. The City of
Renton further assures every effort will be made to ensure nondiscrimination in all of its
programs and activities, whether those programs and activities are federally funded or not.
In the event the City of Renton distributes Federal aid funds to another entity, the City will
include Title VI language in all written agreements and will monitor for compliance.
Title VI compliance is a condition of receipt for Federal funds. Assurance of compliance,
therefore, falls under the proper authority of the Mayor pursuant to its budgetary authority and
responsibility. The Mayor, Public Works Administrator and Title VI Coordinator are authorized
to ensure compliance with provisions of this policy and with the law, including the requirements
of 23 Code of Federal Regulation (CFR) 200 and 49 CFR 21.
Mayor
Public Works Administrator
Date
Date
Transportation Director & Transportation Title VI Coordinator Date
B. Authorities
Title VI of the 1964 Civil Rights Act provides that no person in the United States shall on the
grounds of race, color, national origin, or sex be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity receiving
Federal financial assistance.
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by
expanding the definition of terms "programs or activities" to include all programs or activities of
Federal Aid recipients, sub -recipients, and contractors, whether such programs and activities are
Federally assisted or not (Public Law 100-259 [S. 557] March 22, 1988).
City of Renton Title VI Plan 3
AGENDA ITEM #a) 9. b)
Limited English Proficiency — Executive Order 13166 clarifies that individuals with Limited
English Proficiency (LEP) are protected under the title VI nondiscrimination provisions related
to national origin, and requires Federal Aid recipients, sub -recipients and contractors to take
reasonable steps to provide meaningful access to programs, services and entities. These
reasonable steps may include providing information, services and materials in languages other
than English.
Environmental Justice — Executive Order 12898 clarifies that Title VI requires Federal aid
recipients, sub -recipients and contractors to conduct an equity assessment to ensure full and fair
participation of minority and low-income communities and avoid disproportionately high or
adverse human and environmental impacts from transportation projects.
This Plan is created in coordination with the Washington State Transportation in its capacity of
administrating the distribution of Federal Highway Administration dollars. The Policy is
intended to apply primarily to programs funded by such dollars. Other departments, sections,
and divisions of the City of Renton that receive non -highway federal funding may be bound to
and/or follow different policies and procedures in order to comply with the above authorities and
applicable requirements of the agencies responsible for distributing such federal funding.
C. Additional Citations
Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4; 42 USC 4601 to 4655; 23
USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28 CFR 50.3
ii. Organization, Staffing and Structure
A. Organizational Chart
(See Appendix 4)
B. Staffing and Structure
City Administrator
The Mayor is authorized to ensure compliance with provisions of the City's policy of non-
discrimination and with the law, including the requirements of 23 CFR Part 200 and 49 CFR Part
21. The City's grants compliance function and Title VI coordination shall be performed under
the authority of the Mayor.
Title VI Coordinator
The City of Renton has designated the position of Transportation Director to perform the duties
of the Transportation Title VI Coordinator and ensure implementation of the City's Title VI
Federally Funded Transportation Program. The Transportation Director has other duties and
responsibilities in addition to Title VI. Although the Transportation Director is directly
supervised by the Public Works Administrator, this position shall have an indirect reporting
relationship and access to the Mayor.
City of Renton Title VI Plan 4
AGENDA ITEM #a) 9. b)
Title VI Specialists
Additionally, the Transportation Division has designated Title VI Specialists (Specialists) in
Transportation Division's emphasis areas. The Specialists, designated below, shall work in
concert with the Title VI Coordinator. These areas are subject to receiving Federal assistance
through grants or other types of transportation related funding. The Specialists will work with the
Coordinator to ensure their respective sections comply with Title VI regulations and assurances,
meet the objectives of the Title VI Plan, meet Federal and state reporting requirements, and
provide adequate training opportunities for applicable staff.
Title VI Specialists will work with the Coordinator to ascertain Title VI compliance by
contractors, subcontractors, consultants, suppliers and other sub -recipients under
Transportation's Federally funded projects or programs. Specialists will ensure applicable Title
VI provisions and requirements are included in contractual agreements to prime contractors and
sub -recipients. Specialists will work with the Coordinator to obtain statistical data on race,
color, national origin, handicap/disability, and sex of participants in, and beneficiaries of
Federally funded City of Renton transportation programs. Each of the Specialists will maintain
data relative to their respective special emphasis area, designated below. The Coordinator shall
use the data to complete annual Title VI reports and for other administrative needs.
Title VI Specialists - Emphasis Area and Job Title
Transportation Design
Design Manager
Transportation Operations
Operations Manager
Transportation Planning
Planning Manager
Transportation Maintenance
Maintenance Manager
Transportation Administration
Program Development Coordinator
American with Disabilities Liaison
Transportation Planner
III. Title VI Plan Implementation and Program Administration
Title VI Coordinator's Responsibilities and Program Administration
As authorized by the Mayor, the Title VI Coordinator is responsible for initiating, monitoring,
and ensuring the City of Renton's Transportation Division compliance with Title VI
requirements as follows:
A. Program Administration.
Administer the Title VI program and coordinate implementation of the plan. Ensure compliance
with the assurances, policy, and program objectives. Perform Title VI program reviews to assess
administrative procedures, staffing, and resources; provide recommendations as required to the
Public Works Administrator.
B. Complaints.
City of Renton Title VI Plan
S
AGENDA ITEM #a) 9. b)
Review written Title VI complaints that may be received by the Transportation Division
following the adopted procedural guidelines (see Section V — Complaint Procedures). Ensure
every effort is made to resolve complaints informally at the local or regional level.
C. Data Collection.
Review the statistical data gathering process performed by Title VI Specialists periodically to
ensure sufficiency of data for meeting the requirements of Title VI program administration. (See
Section VII - Special Emphasis Program Areas).
D. Environmental Impact Statements.
Ensure that available census data are included as a part of all Environmental Impact
Statements/Assessments (EIS/EIA) conducted by the Transportation Division for projects
receiving Federal Highway Administration or other Federal assistance.
E. Training Programs.
Conduct or facilitate training programs on Title VI issues and regulations for Transportation
Division employees; and facilitate Title VI training for appropriate staff, contractors and sub -
recipients.
F. Title VI Plan Update.
Review and update the City of Renton's Transportation Title VI Plan as needed or required.
Present updated plan to the Public Works Administrator; submit amended Plan to WSDOT.
G. Annual Accomplishment Report.
Prepare an annual report of Title VI accomplishments and changes to the program in the
preceding Federal fiscal year; identify goals and objectives for the upcoming year as required;
and submit to WSDOT in a timely manner.
H. Public Dissemination.
Work to develop and disseminate Title VI program information to the Transportation Division
staff and other City of Renton employees and sub -recipients, including contractors,
subcontractors, consultants, and sub -consultants and beneficiaries, as well as the general public.
Public dissemination may include Title VI language in contracts or other agreements, website
postings, and annual publication of the City's Title VI Policy Statement in newspaper(s) having a
general circulation. Ensure public service announcements or notices of proposed projects,
hearings, meetings, or formation of public advisory boards, are posted in newspapers or other
media reaching the affected community. Ensure the full utilization of available minority
publications or media; and, where appropriate, provide written or verbal information in
languages other than English.
I. Elimination of Discrimination.
Work with the City Attorney Department, Human Resources Department, and other City offices
to establish procedures for promptly resolving deficiencies, as needed. Recommend procedures
to identify and eliminate discrimination that may be discovered in any Transportation Division
processes.
City of Renton Title VI Plan
0
AGENDA ITEM #a) 9. b)
J. Maintain Legislative and Procedural Information.
Federal laws, rules and regulations, WSDOT guidelines, the current City of Renton Title VI
Plan, Annual Accomplishment Reports, and other resource information pertaining to the
implementation and administration of the City's Title VI program will be maintained and
updated by the Coordinator. Information will be made available to other City departments or the
public as requested or required.
IV. NHI Education and Title VI Training
In keeping with adopted City of Renton policy of nondiscrimination, procedures will be
established or followed for Transportation employees to have equal access to applicable
educational and training opportunities. Transportation staff will maintain program administration
documentation and data necessary for preparation of annual Title VI reports, and will routinely
supply the necessary data to the Title VI Coordinator.
A. National Highway Institute (NHI) Education
The Coordinator will be notified when training for the National Highway Institute courses or
workshops become available to City of Renton Transportation employees. The Transportation
Director will establish a policy for the selection of participants interested in taking part in the
National Highway Institute Training workshops to ensure that no one is denied participation or
subjected to discrimination on the basis of race, color, national origin or sex. A report will be
completed and forwarded to the Coordinator upon completion of each educational seminar or
course throughout the course of the year, which shall include the name of each participant, their
title, division, sex and ethnicity for use in completing the annual Title VI accomplishment report.
B. Title VI Training
The Transportation Title VI Coordinator is responsible for overall Title VI related training and
staff development for Title VI Specialists and other City of Renton employees. The Coordinator
will organize and facilitate the provision of Title VI training sessions for consultants, contractors,
and subcontractors periodically. WSDOT's Office of Equal Opportunity Internal and External
Civil Rights Branch and the Contract Compliance Office may be asked to provide applicable
training.
C. Selection of Instructors
The Coordinator will collaborate with the City of Renton's Contracting Services to ensure City
policy is followed in the selection of instructors for City of Renton Transportation training
courses/ workshops, and ensure equal opportunity in the selection process for all training
contracts. Per adopted policy, the City will provide accessibility to
Minority/Women/Disadvantage Business Enterprise consulting and training firms to compete for
training contracts.
City of Renton Title VI Plan
7
AGENDA ITEM #a) 9. b)
V. Complaint Procedures — Allegations of Discrimination in
Federally Assisted Programs or Activities
A. Overview
These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964 as
amended, Section 504 of the Rehabilitation Act of 1973, Civil Rights Restoration Act of 1987,
and the Americans with Disabilities Act of 1990, relating to any program or activity
administered by the City of Renton Transportation Division, as well as to sub -recipients,
consultants, and contractors. These procedures apply to complaints filed against a program
and/or activity funded by the Federal Highway Administration (FHWA).
Intimidation or retaliation of any kind is prohibited by law.
The procedures do not deny the right of the complainant to file formal complaints with other
state or Federal agencies or to seek private counsel for complaints alleging discrimination.
These procedures are part of an administrative process, which do not provide for remedies that
include punitive damages or compensatory remuneration for the complainant.
Every effort will be made to resolve complaints informally at the City and sub -recipient level.
The option of informal mediation meeting(s) between the affected parties and a designated
mediator may be utilized for resolution.
B. Procedures
Any individual, group of individuals, or entity that believes they have been subjected to
discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint
with the Human Resources Department at the City of Renton. A formal complaint must be filed
within 180 calendar days of the alleged occurrence. Complaint forms are available through the
City's website or by contacting the Title VI Coordinator. The City will not officially act or respond
to complaints made verbally.
Allegations received by telephone will be reduced to writing and provided to the complainant for
confirmation or revision before processing. A complaint form will be forwarded to the complainant
for him/her to complete, sign, and return to the City of Renton for processing.
1. In order to be accepted, a complaint must meet the following criteria:
• The allegation(s) must involve a covered basis such as race, color, national origin,
gender, disability, or retaliation.
• The allegation(s) must involve a program or activity of a Federal -aid recipient,
sub -recipient, or contractor, or, in the case of ADA allegations, an entity open to
the public.
• The complaint must include the date of the alleged act of discrimination (date
when the complainant(s) became aware of the alleged discrimination; or the latest
instance of the conduct).
City of Renton Title VI Plan 8
AGENDA ITEM #a) 9. b)
• The complaint must present a detailed description of the issues, including names
and job titles of those individuals perceived as parties in the complained -of
incident.
The complainant(s) must accept reasonable resolution based on the City of
Renton's administrative authority (reasonability to the determined by the City of
Renton).
2. Upon receiving the written complaint, Human Resources, in consultation with the Title
VI Coordinator will determine its jurisdiction, acceptability, need for additional
information, and the investigative merit of the complaint.
3. If the complaint is against the City, the City will request the Washington State
Department of Transportation (WSDOT) Office of Equal Opportunity to conduct the
investigation. In the event WSDOT handles the investigation, they will follow their
adopted procedures for investigating discrimination complaints, per their current State
Title VI Plan.
4. If a complaint is against a sub -recipient, consultant, or contractor, under contract with the
City, the appropriate Department and/or Division shall be notified of the complaint
within 15 calendar days. The City will determine whether it will investigate the
complaint or request WSDOT to conduct the investigation.
5. Once the City or WSDOT decides to accept the complaint for investigation, the
complainant and the respondent will be notified in writing of such determination within
five (5) calendar days. The complaint will be logged into the records of the Title VI
Coordinator, and the basis for the allegation identified including race, color, national
origin, handicap/disability, age or sex.
6. In cases where the City of Renton assumes investigation of the complaint, the City will
provide the respondent with the opportunity to respond to the allegations in writing. The
respondent will have ten (10) calendar days upon receipt, to furnish the City with his/her
response to the allegations.
7. Within 40 calendar days of acceptance of the complaint, the City of Renton or WSDOT
investigator will prepare a written investigative report for the Public Works
Administrator and Mayor. This preliminary investigative report shall include a narrative
description of the incident, identification of persons interviewed, findings and
recommendations for disposition.
8. The investigator will discuss the report and recommendations with the Public Works
Administrator and Mayor. There will be a period of 10 calendar days to discuss the report
and any recommendations. The report will be modified as needed and made final for its
release to the parties.
9. Once the investigative report becomes final, briefings will be scheduled with each party
within 15 days. Both the complainant and the respondent shall receive a copy of the
City of Renton Title VI Plan 9
AGENDA ITEM #a) 9. b)
investigative report during the briefings and will be notified of their respective appeal
rights.
10. A copy of the complaint and City or WSDOT investigative report will be issued to
WSDOT's External Civil Rights Branch (or the appropriate oversight agency) within 60
calendar days of the acceptance of the complaint.
11. If the complainant or respondent is not satisfied with the results of the investigation of the
alleged discriminatory practice(s) he or she shall be advised of their rights to appeal the
decision to WSDOT, U.S. Department of Transportation or U.S. Department of Justice.
The complainant has 180 calendar days after the appropriate agency's final resolution to
appeal to USDOT. Unless new facts not previously considered come to light,
reconsideration of the final determination by the investigating agency will not be
available.
12. The Title VI Coordinator will maintain an annual Log Of Complaints, which will contain
the following information for each complaint filed:
• The name and address of the person filing the complaint
• The date of the complaint
• The basis of the complaint
• The disposition of the complaint
• The status of the complaint
Only qualified, well -trained investigators should conduct these investigations. No agency
is allowed to investigate a complaint against itself.
13. A complaint may be dismissed for the following reasons:
• The complainant requests the withdrawal of the complaint.
• The complainant fails to respond to repeated requests for additional information
needed to process the complaint.
• The complainant cannot be located after reasonable attempts.
vl. Sub -Recipient Review and Remedial Action Procedures
A. Title VI Review of Sub -recipients of Federal -Aid Highway Funds.
Transportation Title VI Specialists and the Title VI Coordinator will assist WSDOT to
periodically conduct Title VI compliance reviews. Transportation Division staff will review
select recipients of Federal -aid highway or other Federal funds, to ensure adherence to Title VI
requirements (see Section VII). The Title VI Coordinator will work cooperatively to periodically
confirm operational guidelines provided to consultants, contractors, and sub -recipients, including
Title VI language, provisions, and related requirements, as applicable.
City of Renton Title VI Plan 10
AGENDA ITEM #a) 9. b)
B. Post -Grant Reviews.
The Coordinator will collaborate with Transportation staff to conduct periodic post grant reviews
of select recipients of Federal highway funds or other Federal funds, for roads, sidewalks,
bridges, municipal construction, etc. to ensure adherence to Title VI requirements (see Section
VII). Appropriate staff will periodically confirm that operational guidelines provided to
consultants, contractors and sub -recipients include Title VI language and provisions and related
requirements, where applicable.
C. Remedial Action.
When irregularities occur in the administration of Federal -aid highway programs at either the
City or sub -recipient levels, corrective action will be taken to resolve identified Title VI issues.
The City of Renton will seek the cooperation of the consultant, contractor or other sub -recipient
in correcting deficiencies found during periodic reviews. The City will provide technical
assistance and guidance, upon request, to support voluntary compliance by the sub -recipient.
When conducting Title VI compliance reviews, the City will reduce to writing any recommended
remedial action agreed upon by the Transportation Division and sub -recipient, and provide a
copy of the letter within a period not to exceed 45 days.
Sub -recipients placed in a deficiency status will be given a reasonable time, not to exceed 90
days after receipt of the deficiency letter, to voluntarily correct deficiencies. When a sub -
recipient fails or refuses to voluntarily comply with requirements within the allotted time frame,
the City of Renton will submit to WSDOT and FHWA copies of the case file and a
recommendation that the sub -recipient be found in noncompliance.
A follow-up review will be conducted within 180 days of the initial review to ascertain if the
sub -recipient has complied with the Title VI Program requirements in correcting deficiencies
previously identified. If the sub -recipient refuses to comply, the City of Renton and WSDOT
may, with FHWA's concurrence, initiate sanctions per 49 CFR 21.
VII. Title VI Implementation Activities in Special Emphasis
Program Areas
A. Planning & Location Activities
1. Planning Process.
The Transportation Planning Section has responsibility for providing long-range planning,
program development, and capital programming necessary to provide efficient transportation
services to City of Renton citizens. The City annually updates and coordinates its six -year
plan for transportation improvement programs and projects. The update informs other City of
Renton departments and neighboring jurisdictions of the current planning direction for
transportation needs. Projects included in the update are the result of evaluation and
prioritization of needs in various transportation areas. The evaluation process includes input
from the City Title VI Coordinator, various departments, cities, local jurisdictions and
organizations, citizen groups, and private individuals. All six -year plans are consistent with
the adopted Comprehensive Plan approved under the State's Growth Management Act.
City of Renton Title VI Plan 11
AGENDA ITEM #a) 9. b)
2. Authorities.
Renton City Code; 23 CFR 450; RCW 35.77; RCW 36; RCW 47.06 Statewide
Transportation Planning; RCW 47.80 Regional Transportation Planning Organization
(RTPO).
3. Public Involvement in Planning Activities & Title VI.
a) The Transportation Division will invite participation of a cross section of the populace
from social, economic, and ethnic groups in the planning process by disseminating
written program information to minority media and ethnic organizations, and providing
public service announcements for all local media, when forming citizen advisory
committees or planning boards, and requesting involvement.
b) Transportation Division staff will obtain demographic statistics at applicable community
meetings and public hearings involving transportation planning sessions. Data will be
gathered through use of a voluntary self -reporting form which includes race, gender, and
national origin. Copies of the completed forms will be provided to Title VI Coordinator
after each meeting.
c) To ensure access to public meetings, evening meetings will be conducted in a variety of
community buildings throughout the City, including those along transit routes. Staff will
ensure translation services are available if anticipated, and ensure public meetings are
held in predominantly minority communities when transportation projects will
specifically impact those communities.
B. Consultant Contracts Activities
1. Consultant Contracts Administration.
The Design Section is responsible for recommending consultant firms to support
Transportation Division activities. Project Managers participate in final selection, negotiation
and award. Pursuant to City of Renton Purchasing, Bidding and Contracting Policy, the
signing authority of the consultant contracts may be the Public Works Administrator or the
Mayor. In coordination with project managers, the Design Section Manager administers
awarded consultant contracts.
2. Authorities.
City of Renton Code; WSDOT Local Agency Guidelines; 48 CFR 31; 23 CFR 172
3. Consultant Selection Process.
Transportation staff or project management staff will request qualifications from consulting
engineering firms specializing in various aspects of civil engineering which may relate to
transportation projects and the development of construction plans and special provisions for
roads and bridges, design work associated with structures, performing environmental studies
or preparing NEPA or SEPA documents for transportation projects. Consultant selection
from the certified list maintained by the MRSC adheres to Washington State regulations
(RCWs) and is consistent with City of Renton vendor policies.
4. Title VI Assurances and Provisions
Transportation Division staff will:
City of Renton Title VI Plan 12
AGENDA ITEM #a) 9. b)
a) Include applicable Disadvantaged Business Enterprise (DBE) goals in designated
projects, and seek to proactively achieve the goal(s).
b) Include Title VI assurance and provision language in all Federally funded consultant
contracts. Periodically review documents and language to ensure compliance with
current laws and regulations. Provide a copy of the contract to the Title VI Coordinator,
and any amendments or updates that may occur over time.
c) Maintain updated demographic data on the utilization of women -and minority -owned
consulting firms. As they occur, a copy of the award letter will be provided to the Title
VI Coordinator for use in preparing the Annual Update Accomplishment Report.
C. Design & Engineering / Environmental Activities
1. Capital Improvement Projects(CIP):
The Design Section is responsible for implementing the Capital Improvement Program (CIP)
and environmental permitting for projects. Studies are performed to assess various
environmental factors as they relate to the implementation of the City's transportation capital
program, including evaluating demographic data.
2. Authorities.
Renton City Code; Local Agency Guidelines - WSDOT- M36-63; Standard Plans For Road,
Bridge and Municipal Construction-WSDOT; APWA - M21-01; Title 23, USC 109(d), 14(a),
217, 315 and 402(a); 23 CFR 1204.4; 23 CFR 771; EO 12898; 49 CFR 1.48(b)(33) and
1.48(c)(2; National Environmental Policy Act of 1969, 42 USC 4321; 40 CFR Part 1500; 49
CFR Part 622; WSDOT EPM M31-1; EO 12898
3. Design /Environmental Review Process and Title VI
Transportation Division Staff will:
a) Depending on the scope, complexity, and impacts of a project, a National Environmental
Policy Act (NEPA), NEPA Categorical Exclusion, NEPA Environmental Assessment,
State Environmental Policy Act (SEPA) checklist, SEPA Determination of Non
Significance, or NEPA and/or SEPA Environmental Impact Statement will be
completed.
b) Monitor compliance with Title VI requirements in all aspects of conducting
Environmental Impact Statements or Assessments. Provide a comprehensive summary
of the demographic and environmental data elements to be considered by the EIS/EIA
process to the Title VI Coordinator; including updated summary lists as applicable.
c) Incorporate into the review process adequate time for the Coordinator to review and
comment, as applicable, on the draft EIS/EIA to ensure there are no violations of the
Federal Civil Rights Act, as amended, as a result of the City's Federal -Aid highway
activities.
d) In order to ensure dissemination of information and foster participation from affected
populations, place public notices in applicable general and minority media; select
accessible locations and times for public hearings or meetings, and arrange for
translation services as needed; particularly in projects impacting predominantly minority
City of Renton Title VI Plan 13
AGENDA ITEM #a) 9. b)
communities. Ensure the public has information pertaining to their rights to call or write
the department to view plans and discuss environmental problems.
e) Obtain demographic data at community meetings and public hearings pertaining to the
transportation design phase. Data will be gathered through use of a voluntary sign-up
form which includes race, gender, and preferred language to receive information. Copies
of the voluntary self -reporting forms will be provided to the Title VI Coordinator after
each meeting.
f) Provide a copy of the Annual Construction Report to the Title VI Coordinator in or
around August of each year. The Title VI Coordinator will work with the city's GIS
Section to generate a map of the Federal Highway Administration (FHWA) funded
transportation projects to include demographic data of the neighborhoods effected by the
projects.
D. Right-of-way Activities
1. Real Property Services.
The Design Section, through consultants with expertise in right-of-way acquisition, manages
and coordinates the appraisal and acquisition of real property and relocation assistance
services for transportation projects. The right of way acquisition process entails appraisal of
property, negotiation of terms and conditions for acquisition, and assistance in the relocation
of displaced individuals, businesses, farm operations, nonprofit organizations, and property
management.
2. Authorities.
Right of Way Manual; 23 CFR 130; 49 CFR 24; RCW Chapter 47; WAC 468. 100
3. Right-of-way Activities and Title VI
The Design Section staff will:
a) Ensure equal opportunity in all aspects of procuring real estate service contracting and
appraisal agreements. Follow adopted City of Renton vendor procurement policies in
the acquisition of contracted services.
b) Utilize current OMWBE directories identifying fee appraiser organizations and the
Washington State Department of Transportation's list of certified fee appraisers when
seeking services. Maintain data on awards to minority and female appraisers, and
provide data to the Title VI Coordinator on a quarterly basis.
c) Follow the guidelines in the Right of Way Manual for property acquisition as well as
applicable laws and regulations, including Title VI and Section 504.
d) Adhere to departmental policy of apprising affected property owners, tenants, and others
involved in right-of-way acquisition of their rights and options regarding negotiation,
relocation, condemnation and other aspects of the acquisition process.
e) Provide copies of relocation assistance literature produced by WSDOT and a copy of
the City of Renton Title VI Compliance brochure to all affected parties.
City of Renton Title VI Plan 14
AGENDA ITEM #a) 9. b)
f) Incorporate Title VI language in all surveys of property owners and tenants. Coordinate
the preparation of deeds, permits and leases to ensure the inclusion of the appropriate
clauses, including Title VI Language.
g) Ensure that appraised values and communications associated with the appraisal and
negotiation operations result in equitable treatment.
h) Ensure comparable replacement dwellings are available and assistance is given to all
displaced persons and entities by the property acquisition process.
i) Maintain statistical data including race, color, national origin, and sex on all relocatees
affected by Transportation Federal Highway Administration funded projects, and
provide detailed demographic data quarterly to the Title VI Coordinator.
E. Construction Activities
1. Construction: -Design Section.
The implementation of capital improvements projects is performed by the Design Section
(mentioned above). This section is also responsible for administration of all new construction
contracts and inspecting bridges. The Transportation Division is responsible for oversight
and the administration of transportation construction projects, as set forth by policy decisions
and supervision of the Public Works Administrator.
2. Authorities.
City of Renton Standards, Construction Manual M41-01; Maintenance Manual M51-01;
Local Agency Guidelines; Standard Specifications for Road, Bridge, and Municipal
Construction.
3. Construction Activity and Title VI
Transportation Division staff will:
a) Review all Federal Highway Administration funded transportation projects for
application of DBE goals. As appropriate, include DBE provisions in those projects with
designated goals. Include Title VI language in bid announcements and applicable
construction documents, as stipulated in the City's Title VI Policy Statement (p. 2) and
Assurances (Exhibit 2, p. 18-19) herein.
b) Award construction contracts on the basis of lowest responsive bidder, as well as
meeting DBE requirements. Include Title VI language in prime contract award letters to
encourage utilization of DBE subcontracts and vendors.
c) Ensure that prime contractors with DBE requirements award contracted work to
qualified DBEs which perform commercially useful functions.
d) Monitor all construction operations to ensure nondiscrimination throughout all
operations.
e) Coordinate the gathering of construction information regarding DBE participation for
the Annual Title VI Report; and provide to the Coordinator.
City of Renton Title VI Plan 15
AGENDA ITEM #a) 9. b)
Exhibit 1 - City of Renton Title VI Notice to the Public
The City of Renton hereby gives public notice that it is the City's policy to assure full
compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of
1987, and related statutes and regulations in all programs and activities. Title VI requires that no
person shall, on the grounds of race, color, sex, or national origin be excluded from the
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
Federal Aid Highway program or other activity for which the City of Renton receives Federal
financial assistance.
Any person who believes they have been aggrieved by an unlawful discriminatory practice under
Title VI has a right to file a formal complaint with the City of Renton. Any such complaint must
be in writing and filed with the City of Renton Human Resources within one hundred, eighty
(180) days following the date of the alleged discriminatory occurrence. Title VI Discrimination
Complaint Forms may be obtained from the City's website (www.rentonwa.gov) or from the
Human Resources office at no cost to the complainant by calling (425) 430-7655.
City of Renton Title VI Plan 16
AGENDA ITEM #a) 9. b)
Exhibit 2 — City of Renton Title VI Assurances
The City of Renton in the State of Washington, (hereinafter referred to as the "Recipient"),
HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the
U.S. Department of Transportation will comply with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 USC 2000d--42 USC 2000d--4 (hereinafter referred to as the Act), and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation —Effectuation of Title VI of the Civil
Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to
the end that in accordance with the Act, Regulations, and other pertinent directives, no person in
the United States shall, on the grounds of race, color, sex, or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the Recipient receives Federal financial assistance through the
Washington State Department of Transportation, including the U.S. Department of
Transportation and Federal Highway Administration, and HEREBY GIVES ASSURANCE
THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance
is required by Subsection 21.7(a)( 1 ) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives
the following specific assurances to its Federal Aid Highway Program:
1. That the Recipient agrees that each "program" and each "facility" as defined in
Subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program")
conducted, or will be (with regard to a "facility") operated in compliance with all
requirements imposed by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for
work or material subject to the Regulations made in connection with the Federal Aid
Highway Program, and in adapted form in all proposals for negotiated agreements:
The City of Renton, in accordance with Title VI of the Civil Rights Act of 1964 and 78
Stat. 252, 42 USC 2000d --- 42 and Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to such
Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered
into pursuant to this advertisement, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, or national origin in consideration for an award.
3. That the Recipient shall insert the clauses of Appendix 1 of this Assurance in every
highway contract subject to the Act and the Regulations.
4. That the Recipient shall insert the clauses of Appendix 2 of this Assurance, as a covenant
running with the land, in any deed from the United States effecting a transfer of real
property, structures, or improvements thereon, or interest therein for highway purposes.
City of Renton Title VI Plan
17
AGENDA ITEM #a) 9. b)
5. That where the Recipient receives Federal financial assistance to construct a facility, or
part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
6. That where the Recipient receives Federal highway financial assistance in the form, or for
the acquisition of real property, or an interest in real property, the Assurance shall extend
rights to space on, over or under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix 3 of this
Assurance, as a covenant running with the land, in any future deeds, leases, permits,
licenses, and similar agreements entered into by the Recipient with other parties: (a) for
the subsequent transfer of real property acquired or improved under the Federal Aid
Highway Program; and (b) for the construction or use of or access to space on, over or
under real property acquired, or improved under the Federal Aid Highway Program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, or is in the form of, personal property, or real
property or interest therein or structures or improvements there on, in which case the
Assurance obligates the Recipient or any transferee for the longer of the following
periods: (a) the period during which the property is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or (b) the period during which the Recipient retains ownership
or possession of the property.
9. The Recipient shall provide for such methods of administration for the program as are
found by the Secretary of Transportation, or the official to whom s/he delegates specific
authority to give reasonable guarantee that it, other recipients, sub -grantees, contractors,
subcontractors, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or
pursuant to the Act, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial endorsement with
regard to any matter arising under the Act, the Regulations, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, contracts, property, discounts or other Federal financial assistance
extended after the date hereof to the Recipient by the U.S. Department of Transportation under
the Federal Aid Highway Program and is binding on it, other recipients, sub -grantees,
contractors, subcontractors, transferees, successors in interest and other participants in the
Federal Aid Highway Program. The person whose signature appears below is authorized to sign
this Assurance on behalf of the Recipient.
Mayor
Public Works Administrator
City of Renton Title VI Plan
Date
Date
In
AGENDA ITEM #a) 9. b)
Appendix 1 - Title VI Assurances For Consultants, Contractors, Subcontractors,
Suppliers, and Manufacturers
The City of Renton will insert or add the following clauses into every highway contract subject
to the Act and Regulations associated with the receipt of Federal financial assistance:
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations.
The contractor shall comply with the Regulations relative to nondiscrimination in Federally
assisted programs of the Department of Transportation (hereinafter DOT), Title 49, Code of
Federal Regulations, part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of
this contract.
2. Nondiscrimination.
The contractor, with regard to the work performed during the contract, shall not discriminate
on the grounds of race, color, sex, or national origin in the selection and retention of
subcontractors, including procurement of materials and leases of equipment. The contractor
shall not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, including Procurement of Materials and Equipment.
In all solicitations either by competitive bidding or negotiations made by the contractor for
work to be performed under a subcontract, including procurement of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the ground of race, color, sex, or national origin.
4. Information and Reports.
The contractor shall provide all information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Renton or
the Washington State Department of Transportation to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the City of Renton, or the Washington State
Department of Transportation as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance.
In the event of the contractor's noncompliance with the nondiscrimination provisions of this
contract, The City of Renton and the Washington State Department of Transportation shall
impose such contract sanctions as it, or the Federal Highway Administration may determine
to be appropriate, including, but not limited to:
City of Renton Title VI Plan 19
AGENDA ITEM #a) 9. b)
a) Withholding of payments to the contractor under the contract until the contractor
complies, and/or;
b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions.
The contractor shall include the provisions of paragraphs (1) through (6) in every
subcontract, including procurement of materials and leases of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto. The contractor shall take such action
with respect to any subcontractor or procurement as the City of Renton or the U.S.
Department of Transportation, Federal Highway Administration, may direct as a means of
enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the City of Renton enter into such litigation to protect the interests of the City and, in
addition, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
City of Renton Title VI Plan 20
AGENDA ITEM #a) 9. b)
Appendix 2 - Granting and Habendum Clauses
When the City of Renton is the recipient of real property, structures or improvements thereon, or
interest therein from the United States for highway purposes, the following clauses shall be
included in any and all deeds affecting or recording the transfer of property:
GRANTING CLAUSE
NOW, THEREFORE, the City of Renton, as authorized by law, will accept title to the lands and
maintain the project constructed thereon, in accordance with Title 23, United States Code, the
Regulations for the Administration of Federal Aid for Highways and the policies and procedures
prescribed by the Federal Highway Administration of the Department of Transportation and, also
in accordance with and in compliance with all requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation
(hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252:42 USC 2000d to 2000d--4) does hereby remise,
release, quitclaim, and convey unto the City of Renton all the right, title, and interest of the
Department of Transportation in and to said land described in Exhibit A attached hereto and
made a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the City of Renton, and its
successors forever, subject, however, to the covenants, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real
property or structures are used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or benefits and shall
be binding on the City of Renton, its successors, and assigns.
The City of Renton, in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and
assigns, that (1) no person shall on the grounds of race, color, sex, or national origin be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination with
regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,)
(and)' (2) that the City of Renton, shall use the lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrimination of Federally assisted programs of the Department of Transportation --
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended (,) and (3) that in the event of breach of any of the above mentioned nondiscrimination
conditions, the City shall have a right to reenter said lands and facilities on said land, and the
above described land and facilities shall thereon revert to and vest in and become the absolute
property of the Department of Transportation and its assigns as such interest existed prior to this
instruction.
I Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes
of Title VI of Civil Rights Act of 1964.
City of Renton Title VI Plan 21
AGENDA ITEM #a) 9. b)
Appendix 3 - Lease/Deed Provisions
Upon receipt of Federal financial assistance to construct a facility or part of a facility for
highway purposes, the Recipient agrees to include these clauses in all future deeds, licenses,
leases, permits, or similar instruments entered into by the City of Renton pursuant to the
provisions of Title VI Assurances, item 7:
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that in the event facilities are constructed, maintained, or
otherwise operated on the said property described in this lease, for a purpose for which a US
Department of Transportation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the LESSEE shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to Title 49,
Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
Secretary, part 21, Nondiscrimination in Federally assisted programs of the U.S. Department of
Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations
may be amended.
That in the event of breach of any of the above non-discrimination covenants, the City shall have
the right to terminate the lease, and to reenter and repossess said land and the facilities thereon,
and hold the same as if said lease had never been made or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the City of Renton pursuant to the provisions of Title VI Assurances, item 7.
The LESSEE, for himself or herself, his or her personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land that (1) no person, on the grounds of race, color, sex, or national origin
shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any improvements on,
over or under such land and furnishing of services thereon, no person on the grounds of race,
color, sex, or national origin shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrimination in Federally assisted programs of the U.S. Department of Transportation ---
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended. That in the event of breach of any of the above nondiscrimination covenants, the City
of Renton shall have the right to terminate the lease, and to re-enter and repossess said land and
the facilities thereon, and hold the same as if said lease had never been made or issued.
City of Renton Title VI Plan
22
AGENDA ITEM #a) 9. b)
Appendix 4 — Organizational Charts
CITY OF RENTON
CURONCTIMI
CHYCOek CR mime Map; �C1 PAl Cdtlei ]i1eGF
mNsr.m.
cerrueeinoeon CH , Aa MkJ ISie
n i1VFOii CiR
City of Renton Title VI Plan 23
AGENDA ITEM #a) 9. b)
`Transportation
Operations Manager
Engineering Specialist II
Civil Engineer III
PUBLIC WORKS DEPARTMENT
Transportation Systems Division
"Transp artation Systems Director
Admiiistrative5euetaryl Administrative 5ecretaryl
Secretary II
*Transportation "Transportation "Transportation
Maintenance Manager Design Manager Planning Manager
5ecretary II
Signal/Electronic 5ystems
Supervisor
5ignal/Electronic 5ystem
Technician III
Signal/Electronic System
Technician II
Traffic Signage & Marking
Sup ervisor
Traffic Maintenance
Worker II
Principal Civil Engineer
Civil Engineer III
*Individuals marked with an asterisk serve as a Title VI Specialist or Coordinator.
City of Renton Title VI Plan
"Transportation Planner
`Program Develop men[
Coordinator I
Civil Engineer III B
24
AGENDA ITEM #a) 9. b)
City of Renton
TITLE VI PLAN
City of Renton Federally Funded Transportation Program
City of Renton Title VI Plan
AGENDA ITEM #a) 9. b)
Table of Contents
I.
Policy Statement, Authorities and Citations....................................................................
3
II.
Organization, Staffing and Structure............................................................................
4
III.
Title VI Plan Implementation and Program Administration ........................................
5
IV.
NHI Education and Title VI Training...........................................................................
7
V.
Complaint Procedures — Allegations of Discrimination in Federally Assisted
Programsor Activities............................................................................................................ 8
VI.
Sub -Recipient Review and Remedial Action Procedures ..........................................
10
A.
Title VI Review of Sub -recipients of Federal -Aid Highway Funds ...........................
10
B.
Post -Grant Reviews....................................................................................................
11
C.
Remedial Action.........................................................................................................
11
VII.
Title VI Implementation Activities in Special Emphasis Program Areas ..................
11
A.
Planning & Location Activities..................................................................................
11
B.
Consultant Contracts Activities..................................................................................
12
C.
Design & Engineering / Environmental Activities.....................................................
13
D.
Right-of-way Activities..............................................................................................
14
E.
Construction Activities..............................................................................................
15
City of Renton Title VI Plan
AGENDA ITEM #a) 9. b)
I. Policy Statement, Authorities and Citations
A. Policy of Nondiscrimination
The City of Renton assures that no person shall on the grounds of race, color, national origin, or
sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act
of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any City sponsored program or activity. The City of
Renton further assures every effort will be made to ensure nondiscrimination in all of its
programs and activities, whether those programs and activities are federally funded or not.
In the event the City of Renton distributes Federal aid funds to another entity, the City will
include Title VI language in all written agreements and will monitor for compliance.
Title VI compliance is a condition of receipt for Federal funds. Assurance of compliance,
therefore, falls under the proper authority of the Mayor pursuant to its budgetary authority and
responsibility. The Mayor, Public Works Administrator and Title VI Coordinator are authorized
to ensure compliance with provisions of this policy and with the law, including the requirements
of 23 Code of Federal Regulation (CFR) 200 and 49 CFR 21.
Mayor
Public Works Administrator
Date
Date
Transportation Director & Transportation Title VI Coordinator Date
B. Authorities
Title VI of the 1964 Civil Rights Act provides that no person in the United States shall on the
grounds of race, color, national origin, or sex be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity receiving
Federal financial assistance.
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by
expanding the definition of terms "programs or activities" to include all programs or activities of
Federal Aid recipients, sub -recipients, and contractors, whether such programs and activities are
Federally assisted or not (Public Law 100-259 [S. 557] March 22, 1988).
City of Renton Title VI Plan 3
AGENDA ITEM #a) 9. b)
Limited English Proficiency — Executive Order 13166 clarifies that individuals with Limited
English Proficiency (LEP) are protected under the title VI nondiscrimination provisions related
to national origin, and requires Federal Aid recipients, sub -recipients and contractors to take
reasonable steps to provide meaningful access to programs, services and entities. These
reasonable steps may include providing information, services and materials in languages other
than English.
Environmental Justice — Executive Order 12898 clarifies that Title VI requires Federal aid
recipients, sub -recipients and contractors to conduct an equity assessment to ensure full and fair
participation of minority and low-income communities and avoid disproportionately high or
adverse human and environmental impacts from transportation projects.
This Plan is created in coordination with the Washington State Transportation in its capacity of
administrating the distribution of Federal Highway Administration dollars. The Policy is
intended to apply primarily to programs funded by such dollars. Other departments, sections,
and divisions of the City of Renton that receive non -highway federal funding may be bound to
and/or follow different policies and procedures in order to comply with the above authorities and
applicable requirements of the agencies responsible for distributing such federal funding.
C. Additional Citations
Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4; 42 USC 4601 to 4655; 23
USC 109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28 CFR 50.3
ii. Organization, Staffing and Structure
A. Organizational Chart
(See Appendix 4)
B. Staffing and Structure
City Administrator
The Mayor is authorized to ensure compliance with provisions of the City's policy of non-
discrimination and with the law, including the requirements of 23 CFR Part 200 and 49 CFR Part
21. The City's grants compliance function and Title VI coordination shall be performed under
the authority of the Mayor.
Title VI Coordinator
The City of Renton has designated the position of Transportation Director to perform the duties
of the Transportation Title VI Coordinator and ensure implementation of the City's Title VI
Federally Funded Transportation Program. The Transportation Director has other duties and
responsibilities in addition to Title VI. Although the Transportation Director is directly
supervised by the Public Works Administrator, this position shall have an indirect reporting
relationship and access to the Mayor.
City of Renton Title VI Plan 4
AGENDA ITEM #a) 9. b)
Title VI Specialists
Additionally, the Transportation Division has designated Title VI Specialists (Specialists) in
Transportation Division's emphasis areas. The Specialists, designated below, shall work in
concert with the Title VI Coordinator. These areas are subject to receiving Federal assistance
through grants or other types of transportation related funding. The Specialists will work with the
Coordinator to ensure their respective sections comply with Title VI regulations and assurances,
meet the objectives of the Title VI Plan, meet Federal and state reporting requirements, and
provide adequate training opportunities for applicable staff.
Title VI Specialists will work with the Coordinator to ascertain Title VI compliance by
contractors, subcontractors, consultants, suppliers and other sub -recipients under
Transportation's Federally funded projects or programs. Specialists will ensure applicable Title
VI provisions and requirements are included in contractual agreements to prime contractors and
sub -recipients. Specialists will work with the Coordinator to obtain statistical data on race,
color, national origin, handicap/disability, and sex of participants in, and beneficiaries of
Federally funded City of Renton transportation programs. Each of the Specialists will maintain
data relative to their respective special emphasis area, designated below. The Coordinator shall
use the data to complete annual Title VI reports and for other administrative needs.
Title VI Specialists - Emphasis Area and Job Title
Transportation Design
Design Manager
Transportation Operations
Operations Manager
Transportation Planning
Planning Manager
Transportation Maintenance
Maintenance Manager
Transportation Administration
Program Development Coordinator
American with Disabilities Liaison
Transportation Planner
III. Title VI Plan Implementation and Program Administration
Title VI Coordinator's Responsibilities and Program Administration
As authorized by the Mayor, the Title VI Coordinator is responsible for initiating, monitoring,
and ensuring the City of Renton's Transportation Division compliance with Title VI
requirements as follows:
A. Program Administration.
Administer the Title VI program and coordinate implementation of the plan. Ensure compliance
with the assurances, policy, and program objectives. Perform Title VI program reviews to assess
administrative procedures, staffing, and resources; provide recommendations as required to the
Public Works Administrator.
B. Complaints.
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AGENDA ITEM #a) 9. b)
Review written Title VI complaints that may be received by the Transportation Division
following the adopted procedural guidelines (see Section V — Complaint Procedures). Ensure
every effort is made to resolve complaints informally at the local or regional level.
C. Data Collection.
Review the statistical data gathering process performed by Title VI Specialists periodically to
ensure sufficiency of data for meeting the requirements of Title VI program administration. (See
Section VII - Special Emphasis Program Areas).
D. Environmental Impact Statements.
Ensure that available census data are included as a part of all Environmental Impact
Statements/Assessments (EIS/EIA) conducted by the Transportation Division for projects
receiving Federal Highway Administration or other Federal assistance.
E. Training Programs.
Conduct or facilitate training programs on Title VI issues and regulations for Transportation
Division employees; and facilitate Title VI training for appropriate staff, contractors and sub -
recipients.
F. Title VI Plan Update.
Review and update the City of Renton's Transportation Title VI Plan as needed or required.
Present updated plan to the Public Works Administrator; submit amended Plan to WSDOT.
G. Annual Accomplishment Report.
Prepare an annual report of Title VI accomplishments and changes to the program in the
preceding Federal fiscal year; identify goals and objectives for the upcoming year as required;
and submit to WSDOT in a timely manner.
H. Public Dissemination.
Work to develop and disseminate Title VI program information to the Transportation Division
staff and other City of Renton employees and sub -recipients, including contractors,
subcontractors, consultants, and sub -consultants and beneficiaries, as well as the general public.
Public dissemination may include Title VI language in contracts or other agreements, website
postings, and annual publication of the City's Title VI Policy Statement in newspaper(s) having a
general circulation. Ensure public service announcements or notices of proposed projects,
hearings, meetings, or formation of public advisory boards, are posted in newspapers or other
media reaching the affected community. Ensure the full utilization of available minority
publications or media; and, where appropriate, provide written or verbal information in
languages other than English.
I. Elimination of Discrimination.
Work with the City Attorney Department, Human Resources Department, and other City offices
to establish procedures for promptly resolving deficiencies, as needed. Recommend procedures
to identify and eliminate discrimination that may be discovered in any Transportation Division
processes.
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AGENDA ITEM #a) 9. b)
J. Maintain Legislative and Procedural Information.
Federal laws, rules and regulations, WSDOT guidelines, the current City of Renton Title VI
Plan, Annual Accomplishment Reports, and other resource information pertaining to the
implementation and administration of the City's Title VI program will be maintained and
updated by the Coordinator. Information will be made available to other City departments or the
public as requested or required.
IV. NHI Education and Title VI Training
In keeping with adopted City of Renton policy of nondiscrimination, procedures will be
established or followed for Transportation employees to have equal access to applicable
educational and training opportunities. Transportation staff will maintain program administration
documentation and data necessary for preparation of annual Title VI reports, and will routinely
supply the necessary data to the Title VI Coordinator.
A. National Highway Institute (NHI) Education
The Coordinator will be notified when training for the National Highway Institute courses or
workshops become available to City of Renton Transportation employees. The Transportation
Director will establish a policy for the selection of participants interested in taking part in the
National Highway Institute Training workshops to ensure that no one is denied participation or
subjected to discrimination on the basis of race, color, national origin or sex. A report will be
completed and forwarded to the Coordinator upon completion of each educational seminar or
course throughout the course of the year, which shall include the name of each participant, their
title, division, sex and ethnicity for use in completing the annual Title VI accomplishment report.
B. Title VI Training
The Transportation Title VI Coordinator is responsible for overall Title VI related training and
staff development for Title VI Specialists and other City of Renton employees. The Coordinator
will organize and facilitate the provision of Title VI training sessions for consultants, contractors,
and subcontractors periodically. WSDOT's Office of Equal Opportunity Internal and External
Civil Rights Branch and the Contract Compliance Office may be asked to provide applicable
training.
C. Selection of Instructors
The Coordinator will collaborate with the City of Renton's Contracting Services to ensure City
policy is followed in the selection of instructors for City of Renton Transportation training
courses/ workshops, and ensure equal opportunity in the selection process for all training
contracts. Per adopted policy, the City will provide accessibility to
Minority/Women/Disadvantage Business Enterprise consulting and training firms to compete for
training contracts.
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AGENDA ITEM #a) 9. b)
V. Complaint Procedures — Allegations of Discrimination in
Federally Assisted Programs or Activities
A. Overview
These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964 as
amended, Section 504 of the Rehabilitation Act of 1973, Civil Rights Restoration Act of 1987,
and the Americans with Disabilities Act of 1990, relating to any program or activity
administered by the City of Renton Transportation Division, as well as to sub -recipients,
consultants, and contractors. These procedures apply to complaints filed against a program
and/or activity funded by the Federal Highway Administration (FHWA).
Intimidation or retaliation of any kind is prohibited by law.
The procedures do not deny the right of the complainant to file formal complaints with other
state or Federal agencies or to seek private counsel for complaints alleging discrimination.
These procedures are part of an administrative process, which do not provide for remedies that
include punitive damages or compensatory remuneration for the complainant.
Every effort will be made to resolve complaints informally at the City and sub -recipient level.
The option of informal mediation meeting(s) between the affected parties and a designated
mediator may be utilized for resolution.
B. Procedures
Any individual, group of individuals, or entity that believes they have been subjected to
discrimination prohibited by Title VI nondiscrimination provisions may file a written complaint
with the Human Resources Department at the City of Renton. A formal complaint must be filed
within 180 calendar days of the alleged occurrence. Complaint forms are available through the
City's website or by contacting the Title VI Coordinator. The City will not officially act or respond
to complaints made verbally.
Allegations received by telephone will be reduced to writing and provided to the complainant for
confirmation or revision before processing. A complaint form will be forwarded to the complainant
for him/her to complete, sign, and return to the City of Renton for processing.
1. In order to be accepted, a complaint must meet the following criteria:
• The allegation(s) must involve a covered basis such as race, color, national origin,
gender, disability, or retaliation.
• The allegation(s) must involve a program or activity of a Federal -aid recipient,
sub -recipient, or contractor, or, in the case of ADA allegations, an entity open to
the public.
• The complaint must include the date of the alleged act of discrimination (date
when the complainant(s) became aware of the alleged discrimination; or the latest
instance of the conduct).
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AGENDA ITEM #a) 9. b)
• The complaint must present a detailed description of the issues, including names
and job titles of those individuals perceived as parties in the complained -of
incident.
The complainant(s) must accept reasonable resolution based on the City of
Renton's administrative authority (reasonability to the determined by the City of
Renton).
2. Upon receiving the written complaint, Human Resources, in consultation with the Title
VI Coordinator will determine its jurisdiction, acceptability, need for additional
information, and the investigative merit of the complaint.
3. If the complaint is against the City, the City will request the Washington State
Department of Transportation (WSDOT) Office of Equal Opportunity to conduct the
investigation. In the event WSDOT handles the investigation, they will follow their
adopted procedures for investigating discrimination complaints, per their current State
Title VI Plan.
4. If a complaint is against a sub -recipient, consultant, or contractor, under contract with the
City, the appropriate Department and/or Division shall be notified of the complaint
within 15 calendar days. The City will determine whether it will investigate the
complaint or request WSDOT to conduct the investigation.
5. Once the City or WSDOT decides to accept the complaint for investigation, the
complainant and the respondent will be notified in writing of such determination within
five (5) calendar days. The complaint will be logged into the records of the Title VI
Coordinator, and the basis for the allegation identified including race, color, national
origin, handicap/disability, age or sex.
6. In cases where the City of Renton assumes investigation of the complaint, the City will
provide the respondent with the opportunity to respond to the allegations in writing. The
respondent will have ten (10) calendar days upon receipt, to furnish the City with his/her
response to the allegations.
7. Within 40 calendar days of acceptance of the complaint, the City of Renton or WSDOT
investigator will prepare a written investigative report for the Public Works
Administrator and Mayor. This preliminary investigative report shall include a narrative
description of the incident, identification of persons interviewed, findings and
recommendations for disposition.
8. The investigator will discuss the report and recommendations with the Public Works
Administrator and Mayor. There will be a period of 10 calendar days to discuss the report
and any recommendations. The report will be modified as needed and made final for its
release to the parties.
9. Once the investigative report becomes final, briefings will be scheduled with each party
within 15 days. Both the complainant and the respondent shall receive a copy of the
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AGENDA ITEM #a) 9. b)
investigative report during the briefings and will be notified of their respective appeal
rights.
10. A copy of the complaint and City or WSDOT investigative report will be issued to
WSDOT's External Civil Rights Branch (or the appropriate oversight agency) within 60
calendar days of the acceptance of the complaint.
11. If the complainant or respondent is not satisfied with the results of the investigation of the
alleged discriminatory practice(s) he or she shall be advised of their rights to appeal the
decision to WSDOT, U.S. Department of Transportation or U.S. Department of Justice.
The complainant has 180 calendar days after the appropriate agency's final resolution to
appeal to USDOT. Unless new facts not previously considered come to light,
reconsideration of the final determination by the investigating agency will not be
available.
12. The Title VI Coordinator will maintain an annual Log Of Complaints, which will contain
the following information for each complaint filed:
• The name and address of the person filing the complaint
• The date of the complaint
• The basis of the complaint
• The disposition of the complaint
• The status of the complaint
Only qualified, well -trained investigators should conduct these investigations. No agency
is allowed to investigate a complaint against itself.
13. A complaint may be dismissed for the following reasons:
• The complainant requests the withdrawal of the complaint.
• The complainant fails to respond to repeated requests for additional information
needed to process the complaint.
• The complainant cannot be located after reasonable attempts.
vl. Sub -Recipient Review and Remedial Action Procedures
A. Title VI Review of Sub -recipients of Federal -Aid Highway Funds.
Transportation Title VI Specialists and the Title VI Coordinator will assist WSDOT to
periodically conduct Title VI compliance reviews. Transportation Division staff will review
select recipients of Federal -aid highway or other Federal funds, to ensure adherence to Title VI
requirements (see Section VII). The Title VI Coordinator will work cooperatively to periodically
confirm operational guidelines provided to consultants, contractors, and sub -recipients, including
Title VI language, provisions, and related requirements, as applicable.
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AGENDA ITEM #a) 9. b)
B. Post -Grant Reviews.
The Coordinator will collaborate with Transportation staff to conduct periodic post grant reviews
of select recipients of Federal highway funds or other Federal funds, for roads, sidewalks,
bridges, municipal construction, etc. to ensure adherence to Title VI requirements (see Section
VII). Appropriate staff will periodically confirm that operational guidelines provided to
consultants, contractors and sub -recipients include Title VI language and provisions and related
requirements, where applicable.
C. Remedial Action.
When irregularities occur in the administration of Federal -aid highway programs at either the
City or sub -recipient levels, corrective action will be taken to resolve identified Title VI issues.
The City of Renton will seek the cooperation of the consultant, contractor or other sub -recipient
in correcting deficiencies found during periodic reviews. The City will provide technical
assistance and guidance, upon request, to support voluntary compliance by the sub -recipient.
When conducting Title VI compliance reviews, the City will reduce to writing any recommended
remedial action agreed upon by the Transportation Division and sub -recipient, and provide a
copy of the letter within a period not to exceed 45 days.
Sub -recipients placed in a deficiency status will be given a reasonable time, not to exceed 90
days after receipt of the deficiency letter, to voluntarily correct deficiencies. When a sub -
recipient fails or refuses to voluntarily comply with requirements within the allotted time frame,
the City of Renton will submit to WSDOT and FHWA copies of the case file and a
recommendation that the sub -recipient be found in noncompliance.
A follow-up review will be conducted within 180 days of the initial review to ascertain if the
sub -recipient has complied with the Title VI Program requirements in correcting deficiencies
previously identified. If the sub -recipient refuses to comply, the City of Renton and WSDOT
may, with FHWA's concurrence, initiate sanctions per 49 CFR 21.
VII. Title VI Implementation Activities in Special Emphasis
Program Areas
A. Planning & Location Activities
1. Planning Process.
The Transportation Planning Section has responsibility for providing long-range planning,
program development, and capital programming necessary to provide efficient transportation
services to City of Renton citizens. The City annually updates and coordinates its six -year
plan for transportation improvement programs and projects. The update informs other City of
Renton departments and neighboring jurisdictions of the current planning direction for
transportation needs. Projects included in the update are the result of evaluation and
prioritization of needs in various transportation areas. The evaluation process includes input
from the City Title VI Coordinator, various departments, cities, local jurisdictions and
organizations, citizen groups, and private individuals. All six -year plans are consistent with
the adopted Comprehensive Plan approved under the State's Growth Management Act.
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AGENDA ITEM #a) 9. b)
2. Authorities.
Renton City Code; 23 CFR 450; RCW 35.77; RCW 36; RCW 47.06 Statewide
Transportation Planning; RCW 47.80 Regional Transportation Planning Organization
(RTPO).
3. Public Involvement in Planning Activities & Title VI.
a) The Transportation Division will invite participation of a cross section of the populace
from social, economic, and ethnic groups in the planning process by disseminating
written program information to minority media and ethnic organizations, and providing
public service announcements for all local media, when forming citizen advisory
committees or planning boards, and requesting involvement.
b) Transportation Division staff will obtain demographic statistics at applicable community
meetings and public hearings involving transportation planning sessions. Data will be
gathered through use of a voluntary self -reporting form which includes race, gender, and
national origin. Copies of the completed forms will be provided to Title VI Coordinator
after each meeting.
c) To ensure access to public meetings, evening meetings will be conducted in a variety of
community buildings throughout the City, including those along transit routes. Staff will
ensure translation services are available if anticipated, and ensure public meetings are
held in predominantly minority communities when transportation projects will
specifically impact those communities.
B. Consultant Contracts Activities
1. Consultant Contracts Administration.
The Design Section is responsible for recommending consultant firms to support
Transportation Division activities. Project Managers participate in final selection, negotiation
and award. Pursuant to City of Renton Purchasing, Bidding and Contracting Policy, the
signing authority of the consultant contracts may be the Public Works Administrator or the
Mayor. In coordination with project managers, the Design Section Manager administers
awarded consultant contracts.
2. Authorities.
City of Renton Code; WSDOT Local Agency Guidelines; 48 CFR 31; 23 CFR 172
3. Consultant Selection Process.
Transportation staff or project management staff will request qualifications from consulting
engineering firms specializing in various aspects of civil engineering which may relate to
transportation projects and the development of construction plans and special provisions for
roads and bridges, design work associated with structures, performing environmental studies
or preparing NEPA or SEPA documents for transportation projects. Consultant selection
from the certified list maintained by the MRSC adheres to Washington State regulations
(RCWs) and is consistent with City of Renton vendor policies.
4. Title VI Assurances and Provisions
Transportation Division staff will:
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AGENDA ITEM #a) 9. b)
a) Include applicable Disadvantaged Business Enterprise (DBE) goals in designated
projects, and seek to proactively achieve the goal(s).
b) Include Title VI assurance and provision language in all Federally funded consultant
contracts. Periodically review documents and language to ensure compliance with
current laws and regulations. Provide a copy of the contract to the Title VI Coordinator,
and any amendments or updates that may occur over time.
c) Maintain updated demographic data on the utilization of women -and minority -owned
consulting firms. As they occur, a copy of the award letter will be provided to the Title
VI Coordinator for use in preparing the Annual Update Accomplishment Report.
C. Design & Engineering / Environmental Activities
1. Capital Improvement Projects(CIP):
The Design Section is responsible for implementing the Capital Improvement Program (CIP)
and environmental permitting for projects. Studies are performed to assess various
environmental factors as they relate to the implementation of the City's transportation capital
program, including evaluating demographic data.
2. Authorities.
Renton City Code; Local Agency Guidelines - WSDOT- M36-63; Standard Plans For Road,
Bridge and Municipal Construction-WSDOT; APWA - M21-01; Title 23, USC 109(d), 14(a),
217, 315 and 402(a); 23 CFR 1204.4; 23 CFR 771; EO 12898; 49 CFR 1.48(b)(33) and
1.48(c)(2; National Environmental Policy Act of 1969, 42 USC 4321; 40 CFR Part 1500; 49
CFR Part 622; WSDOT EPM M31-1; EO 12898
3. Design /Environmental Review Process and Title VI
Transportation Division Staff will:
a) Depending on the scope, complexity, and impacts of a project, a National Environmental
Policy Act (NEPA), NEPA Categorical Exclusion, NEPA Environmental Assessment,
State Environmental Policy Act (SEPA) checklist, SEPA Determination of Non
Significance, or NEPA and/or SEPA Environmental Impact Statement will be
completed.
b) Monitor compliance with Title VI requirements in all aspects of conducting
Environmental Impact Statements or Assessments. Provide a comprehensive summary
of the demographic and environmental data elements to be considered by the EIS/EIA
process to the Title VI Coordinator; including updated summary lists as applicable.
c) Incorporate into the review process adequate time for the Coordinator to review and
comment, as applicable, on the draft EIS/EIA to ensure there are no violations of the
Federal Civil Rights Act, as amended, as a result of the City's Federal -Aid highway
activities.
d) In order to ensure dissemination of information and foster participation from affected
populations, place public notices in applicable general and minority media; select
accessible locations and times for public hearings or meetings, and arrange for
translation services as needed; particularly in projects impacting predominantly minority
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AGENDA ITEM #a) 9. b)
communities. Ensure the public has information pertaining to their rights to call or write
the department to view plans and discuss environmental problems.
e) Obtain demographic data at community meetings and public hearings pertaining to the
transportation design phase. Data will be gathered through use of a voluntary sign-up
form which includes race, gender, and preferred language to receive information. Copies
of the voluntary self -reporting forms will be provided to the Title VI Coordinator after
each meeting.
f) Provide a copy of the Annual Construction Report to the Title VI Coordinator in or
around August of each year. The Title VI Coordinator will work with the city's GIS
Section to generate a map of the Federal Highway Administration (FHWA) funded
transportation projects to include demographic data of the neighborhoods effected by the
projects.
D. Right-of-way Activities
1. Real Property Services.
The Design Section, through consultants with expertise in right-of-way acquisition, manages
and coordinates the appraisal and acquisition of real property and relocation assistance
services for transportation projects. The right of way acquisition process entails appraisal of
property, negotiation of terms and conditions for acquisition, and assistance in the relocation
of displaced individuals, businesses, farm operations, nonprofit organizations, and property
management.
2. Authorities.
Right of Way Manual; 23 CFR 130; 49 CFR 24; RCW Chapter 47; WAC 468. 100
3. Right-of-way Activities and Title VI
The Design Section staff will:
a) Ensure equal opportunity in all aspects of procuring real estate service contracting and
appraisal agreements. Follow adopted City of Renton vendor procurement policies in
the acquisition of contracted services.
b) Utilize current OMWBE directories identifying fee appraiser organizations and the
Washington State Department of Transportation's list of certified fee appraisers when
seeking services. Maintain data on awards to minority and female appraisers, and
provide data to the Title VI Coordinator on a quarterly basis.
c) Follow the guidelines in the Right of Way Manual for property acquisition as well as
applicable laws and regulations, including Title VI and Section 504.
d) Adhere to departmental policy of apprising affected property owners, tenants, and others
involved in right-of-way acquisition of their rights and options regarding negotiation,
relocation, condemnation and other aspects of the acquisition process.
e) Provide copies of relocation assistance literature produced by WSDOT and a copy of
the City of Renton Title VI Compliance brochure to all affected parties.
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AGENDA ITEM #a) 9. b)
f) Incorporate Title VI language in all surveys of property owners and tenants. Coordinate
the preparation of deeds, permits and leases to ensure the inclusion of the appropriate
clauses, including Title VI Language.
g) Ensure that appraised values and communications associated with the appraisal and
negotiation operations result in equitable treatment.
h) Ensure comparable replacement dwellings are available and assistance is given to all
displaced persons and entities by the property acquisition process.
i) Maintain statistical data including race, color, national origin, and sex on all relocatees
affected by Transportation Federal Highway Administration funded projects, and
provide detailed demographic data quarterly to the Title VI Coordinator.
E. Construction Activities
1. Construction: -Design Section.
The implementation of capital improvements projects is performed by the Design Section
(mentioned above). This section is also responsible for administration of all new construction
contracts and inspecting bridges. The Transportation Division is responsible for oversight
and the administration of transportation construction projects, as set forth by policy decisions
and supervision of the Public Works Administrator.
2. Authorities.
City of Renton Standards, Construction Manual M41-01; Maintenance Manual M51-01;
Local Agency Guidelines; Standard Specifications for Road, Bridge, and Municipal
Construction.
3. Construction Activity and Title VI
Transportation Division staff will:
a) Review all Federal Highway Administration funded transportation projects for
application of DBE goals. As appropriate, include DBE provisions in those projects with
designated goals. Include Title VI language in bid announcements and applicable
construction documents, as stipulated in the City's Title VI Policy Statement (p. 2) and
Assurances (Exhibit 2, p. 18-19) herein.
b) Award construction contracts on the basis of lowest responsive bidder, as well as
meeting DBE requirements. Include Title VI language in prime contract award letters to
encourage utilization of DBE subcontracts and vendors.
c) Ensure that prime contractors with DBE requirements award contracted work to
qualified DBEs which perform commercially useful functions.
d) Monitor all construction operations to ensure nondiscrimination throughout all
operations.
e) Coordinate the gathering of construction information regarding DBE participation for
the Annual Title VI Report; and provide to the Coordinator.
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AGENDA ITEM #a) 9. b)
Exhibit 1 - City of Renton Title VI Notice to the Public
The City of Renton hereby gives public notice that it is the City's policy to assure full
compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of
1987, and related statutes and regulations in all programs and activities. Title VI requires that no
person shall, on the grounds of race, color, sex, or national origin be excluded from the
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
Federal Aid Highway program or other activity for which the City of Renton receives Federal
financial assistance.
Any person who believes they have been aggrieved by an unlawful discriminatory practice under
Title VI has a right to file a formal complaint with the City of Renton. Any such complaint must
be in writing and filed with the City of Renton Human Resources within one hundred, eighty
(180) days following the date of the alleged discriminatory occurrence. Title VI Discrimination
Complaint Forms may be obtained from the City's website (www.rentonwa.gov) or from the
Human Resources office at no cost to the complainant by calling (425) 430-7655.
City of Renton Title VI Plan 16
AGENDA ITEM #a) 9. b)
Exhibit 2 — City of Renton Title VI Assurances
The City of Renton in the State of Washington, (hereinafter referred to as the "Recipient"),
HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the
U.S. Department of Transportation will comply with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 USC 2000d--42 USC 2000d--4 (hereinafter referred to as the Act), and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation —Effectuation of Title VI of the Civil
Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to
the end that in accordance with the Act, Regulations, and other pertinent directives, no person in
the United States shall, on the grounds of race, color, sex, or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the Recipient receives Federal financial assistance through the
Washington State Department of Transportation, including the U.S. Department of
Transportation and Federal Highway Administration, and HEREBY GIVES ASSURANCE
THAT it will promptly take any measures necessary to effectuate this agreement. This Assurance
is required by Subsection 21.7(a)( 1 ) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives
the following specific assurances to its Federal Aid Highway Program:
1. That the Recipient agrees that each "program" and each "facility" as defined in
Subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program")
conducted, or will be (with regard to a "facility") operated in compliance with all
requirements imposed by, or pursuant to, the Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for
work or material subject to the Regulations made in connection with the Federal Aid
Highway Program, and in adapted form in all proposals for negotiated agreements:
The City of Renton, in accordance with Title VI of the Civil Rights Act of 1964 and 78
Stat. 252, 42 USC 2000d --- 42 and Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to such
Act, hereby notifies all bidders that it will affirmatively ensure that any contract entered
into pursuant to this advertisement, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, or national origin in consideration for an award.
3. That the Recipient shall insert the clauses of Appendix 1 of this Assurance in every
highway contract subject to the Act and the Regulations.
4. That the Recipient shall insert the clauses of Appendix 2 of this Assurance, as a covenant
running with the land, in any deed from the United States effecting a transfer of real
property, structures, or improvements thereon, or interest therein for highway purposes.
City of Renton Title VI Plan
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AGENDA ITEM #a) 9. b)
5. That where the Recipient receives Federal financial assistance to construct a facility, or
part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
6. That where the Recipient receives Federal highway financial assistance in the form, or for
the acquisition of real property, or an interest in real property, the Assurance shall extend
rights to space on, over or under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix 3 of this
Assurance, as a covenant running with the land, in any future deeds, leases, permits,
licenses, and similar agreements entered into by the Recipient with other parties: (a) for
the subsequent transfer of real property acquired or improved under the Federal Aid
Highway Program; and (b) for the construction or use of or access to space on, over or
under real property acquired, or improved under the Federal Aid Highway Program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, or is in the form of, personal property, or real
property or interest therein or structures or improvements there on, in which case the
Assurance obligates the Recipient or any transferee for the longer of the following
periods: (a) the period during which the property is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or (b) the period during which the Recipient retains ownership
or possession of the property.
9. The Recipient shall provide for such methods of administration for the program as are
found by the Secretary of Transportation, or the official to whom s/he delegates specific
authority to give reasonable guarantee that it, other recipients, sub -grantees, contractors,
subcontractors, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or
pursuant to the Act, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial endorsement with
regard to any matter arising under the Act, the Regulations, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, contracts, property, discounts or other Federal financial assistance
extended after the date hereof to the Recipient by the U.S. Department of Transportation under
the Federal Aid Highway Program and is binding on it, other recipients, sub -grantees,
contractors, subcontractors, transferees, successors in interest and other participants in the
Federal Aid Highway Program. The person whose signature appears below is authorized to sign
this Assurance on behalf of the Recipient.
Mayor
Public Works Administrator
City of Renton Title VI Plan
Date
Date
In
AGENDA ITEM #a) 9. b)
Appendix 1 - Title VI Assurances For Consultants, Contractors, Subcontractors,
Suppliers, and Manufacturers
The City of Renton will insert or add the following clauses into every highway contract subject
to the Act and Regulations associated with the receipt of Federal financial assistance:
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations.
The contractor shall comply with the Regulations relative to nondiscrimination in Federally
assisted programs of the Department of Transportation (hereinafter DOT), Title 49, Code of
Federal Regulations, part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of
this contract.
2. Nondiscrimination.
The contractor, with regard to the work performed during the contract, shall not discriminate
on the grounds of race, color, sex, or national origin in the selection and retention of
subcontractors, including procurement of materials and leases of equipment. The contractor
shall not participate either directly or indirectly in the discrimination prohibited by Section
21.5 of the Regulations, including employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, including Procurement of Materials and Equipment.
In all solicitations either by competitive bidding or negotiations made by the contractor for
work to be performed under a subcontract, including procurement of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the ground of race, color, sex, or national origin.
4. Information and Reports.
The contractor shall provide all information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Renton or
the Washington State Department of Transportation to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the contractor shall so certify to the City of Renton, or the Washington State
Department of Transportation as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance.
In the event of the contractor's noncompliance with the nondiscrimination provisions of this
contract, The City of Renton and the Washington State Department of Transportation shall
impose such contract sanctions as it, or the Federal Highway Administration may determine
to be appropriate, including, but not limited to:
City of Renton Title VI Plan 19
AGENDA ITEM #a) 9. b)
a) Withholding of payments to the contractor under the contract until the contractor
complies, and/or;
b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions.
The contractor shall include the provisions of paragraphs (1) through (6) in every
subcontract, including procurement of materials and leases of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto. The contractor shall take such action
with respect to any subcontractor or procurement as the City of Renton or the U.S.
Department of Transportation, Federal Highway Administration, may direct as a means of
enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the City of Renton enter into such litigation to protect the interests of the City and, in
addition, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
City of Renton Title VI Plan 20
AGENDA ITEM #a) 9. b)
Appendix 2 - Granting and Habendum Clauses
When the City of Renton is the recipient of real property, structures or improvements thereon, or
interest therein from the United States for highway purposes, the following clauses shall be
included in any and all deeds affecting or recording the transfer of property:
GRANTING CLAUSE
NOW, THEREFORE, the City of Renton, as authorized by law, will accept title to the lands and
maintain the project constructed thereon, in accordance with Title 23, United States Code, the
Regulations for the Administration of Federal Aid for Highways and the policies and procedures
prescribed by the Federal Highway Administration of the Department of Transportation and, also
in accordance with and in compliance with all requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation
(hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252:42 USC 2000d to 2000d--4) does hereby remise,
release, quitclaim, and convey unto the City of Renton all the right, title, and interest of the
Department of Transportation in and to said land described in Exhibit A attached hereto and
made a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the City of Renton, and its
successors forever, subject, however, to the covenants, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real
property or structures are used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or benefits and shall
be binding on the City of Renton, its successors, and assigns.
The City of Renton, in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and
assigns, that (1) no person shall on the grounds of race, color, sex, or national origin be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination with
regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,)
(and)' (2) that the City of Renton, shall use the lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrimination of Federally assisted programs of the Department of Transportation --
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended (,) and (3) that in the event of breach of any of the above mentioned nondiscrimination
conditions, the City shall have a right to reenter said lands and facilities on said land, and the
above described land and facilities shall thereon revert to and vest in and become the absolute
property of the Department of Transportation and its assigns as such interest existed prior to this
instruction.
I Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes
of Title VI of Civil Rights Act of 1964.
City of Renton Title VI Plan 21
AGENDA ITEM #a) 9. b)
Appendix 3 - Lease/Deed Provisions
Upon receipt of Federal financial assistance to construct a facility or part of a facility for
highway purposes, the Recipient agrees to include these clauses in all future deeds, licenses,
leases, permits, or similar instruments entered into by the City of Renton pursuant to the
provisions of Title VI Assurances, item 7:
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that in the event facilities are constructed, maintained, or
otherwise operated on the said property described in this lease, for a purpose for which a US
Department of Transportation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the LESSEE shall maintain and operate such
facilities and services in compliance with all other requirements imposed pursuant to Title 49,
Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the
Secretary, part 21, Nondiscrimination in Federally assisted programs of the U.S. Department of
Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations
may be amended.
That in the event of breach of any of the above non-discrimination covenants, the City shall have
the right to terminate the lease, and to reenter and repossess said land and the facilities thereon,
and hold the same as if said lease had never been made or issued.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the City of Renton pursuant to the provisions of Title VI Assurances, item 7.
The LESSEE, for himself or herself, his or her personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land that (1) no person, on the grounds of race, color, sex, or national origin
shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any improvements on,
over or under such land and furnishing of services thereon, no person on the grounds of race,
color, sex, or national origin shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrimination in Federally assisted programs of the U.S. Department of Transportation ---
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended. That in the event of breach of any of the above nondiscrimination covenants, the City
of Renton shall have the right to terminate the lease, and to re-enter and repossess said land and
the facilities thereon, and hold the same as if said lease had never been made or issued.
City of Renton Title VI Plan
22
AGENDA ITEM #a) 9. b)
Appendix 4 — Organizational Charts
CITY OF RENTON
CURONCTIMI
CHYCOek CR mime Map; �C1 PAl Cdtlei ]i1eGF
mNsr.m.
cerrueeinoeon CH , Aa MkJ ISie
n i1VFOii CiR
City of Renton Title VI Plan 23
AGENDA ITEM #a) 9. b)
`Transportation
Operations Manager
Engineering Specialist II
Civil Engineer III
PUBLIC WORKS DEPARTMENT
Transportation Systems Division
"Transp artation Systems Director
Admiiistrative5euetaryl Administrative 5ecretaryl
Secretary II
*Transportation "Transportation "Transportation
Maintenance Manager Design Manager Planning Manager
5ecretary II
Signal/Electronic 5ystems
Supervisor
5ignal/Electronic 5ystem
Technician III
Signal/Electronic System
Technician II
Traffic Signage & Marking
Sup ervisor
Traffic Maintenance
Worker II
Principal Civil Engineer
Civil Engineer III
*Individuals marked with an asterisk serve as a Title VI Specialist or Coordinator.
City of Renton Title VI Plan
"Transportation Planner
`Program Develop men[
Coordinator I
Civil Engineer III B
24
AGENDA ITEM #a) 9. c)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING COUNCIL
POLICY 800-12.
WHEREAS, the Council desires to update, revise, and modernize Policy No. 800-12,
Contracting Authority, to reflect current practices, updated legal requirements and/or improved
efficiencies, and to clarify administrative matters, including contract approval authority, which
the Council delegates to the Mayor and/or defers to the Mayor's role to supervise the
administrative affairs of the City in order to maintain an efficiently operated government;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Council hereby amends the City of Renton Policy & Procedure 800-12,
Contracting Authority, to read as attached hereto and incorporated herein as if fully set forth.
PASSED BY THE CITY COUNCIL this day of , 2019.
APPROVED BY THE MAYOR this
Jason A. Seth, City Clerk
day of , 2019.
Denis Law, Mayor
1
RESOLUTION NO.
AGENDA ITEM #a) 9. c)
Approved as to form:
Shane Moloney, City Attorney
RES:1799:1/30/19:scr
AGENDA ITEM #a) 9. c)
RESOLUTION NO.
Aourtk
PRI
POLICY & PROCEDURE
Subject: Index: LEGISLATIVE
CONTRACTING AUTHORITY Number: 800-12
Effective Date: Supersedes: Page: Staff Contact: Approved By:
1/28/2019 11/16/2015 1 of 5 CAO Resolution # on
1.0 PURPOSE:
To maintain an efficient form of government, it is necessary for the Council to delegate
contract approval authority to the Mayor for specific types of contracts without prior City
Council review or subsequent ratification.
2.0 ORGANIZATIONS AFFECTED:
Mayor and departments/divisions
3.0 REFERENCES:
Applicable Administrative Policies (currently Policy & Procedure 250-02)
RCW 35A.11.010 and 020 (Council Authority and Powers of Council)
RCW 35A.12.065 (Pro Tempore Appointments)
RCW 35A.12.100 (Authority and Powers of Mayor)
Chapter 39.04 RCW (Public Works Procurement)
RCW 39.04.155 (Small Works Roster Contract Procedures)
RCW 39.04.280 (Competitive Bidding Requirements — Exemptions)
Chapter 39.34 RCW (Interlocal Cooperation Act)
ElK1�007I[VIA
4.1 All statutory bidding and contracting requirements, as set forth in State law shall
be followed.
4.1.1 The Mayor is authorized to establish and/or use a small works roster or
rosters and develop procedures for the administration thereof for all
contracts up to $300,000, as it exists or may be amended or recodified in
the future.
4.2 To assist in contract management and retention, all contracts should include a
date by which full performance of the contract shall be complete.
3
AGENDA ITEM #a) 9. c)
RESOLUTION NO.
4.3 All contracts should, before presentation to Council, be approved as to from by
the City Attorney Department.
4.4 All contracts shall be memorialized in writing and filed in the City Clerk Division.
4.5 The City Council shall receive an informational list of all contracts every quarter.
This list shall include, but not be limited to, date of expiration, amount of contract,
department responsible for the contract, expected completion date of contract,
and summarized scope of work. Contract Amendments exceeding the greater of
$100,000 or 10% of the original contract amount shall be highlighted within the
list.
4.6 Except as otherwise specified herein, the Mayor or his or her designee has
authority to approve and sign the following types of contracts without need for
separate Council approval or ratification:
4.6.1 All contracts for which the Original Contract Value is less than $100,000.
4.6.2 All contracts settling claims, litigation or threatened litigation for which the
Original Contract Value, less any contribution from a City insurance policy,
does not exceed $250,000.
4.6.3 All contracts awarded pursuant to small works procedures adopted and
administered by the Mayor pursuant to Section 4.1.1 herein.
4.6.4 All contracts, with an Original Contract Value between $100,000 and
$300,000 that contain specific intelligence information, the nondisclosure
of which is essential to effective law enforcement, so long as sufficient
funding is budgeted for the expenditure, and the Chair of the Public Safety
Committee is notified of the contract prior to its execution so that he or
she can, if he or she deems appropriate, request such contract be brought
to the full Council for approval.
4.6.5 Contract Amendments for which the Amendment Value does not exceed
$100,000.
4.6.6 Contracts and/or Contract Amendments specifically authorized by other
Council action.
4.6.7 Work Orders issued pursuant to RCW 39.10.450 so long as the overarching
Job Order Contract was previously approved by Council.
4.6.8 Annual technology hardware, software, or services renewal agreements
including annual license renewals, subscription services, support and
21
AGENDA ITEM #a) 9. c)
RESOLUTION NO.
maintenance extensions, and general services renewals which do not
exceed $250,000.
4.7 Notwithstanding anything to the contrary in Section 4.6 of this policy, the
following types of contracts require advance Council approval prior to the Mayor
or designee's signature:
4.7.1 Any contract for the sale or purchase of real estate.
4.7.2 Any contract to lease or otherwise encumber (e.g. via license or access
agreement) City -owned real estate for a period of more than one (1) year
unless the contract provides the City with an option to terminate the lease
early without cause or damages by providing no more than six (6) months'
notice of termination.
4.7.3 Public Works contracts that require award by the City Council pursuant to
Chapter 39.04 RCW.
4.7.4 Any contract that transfers risk to the City of third party claims arising out
of a contractor's misconduct or negligence if the risk transferred thereby
would not be covered by the City's insurance policies. Any such provision
in a contract that is not approved by the Council shall be void and
unenforceable.
4.7.5 Any interlocal agreement entered into under the express authority of
Chapter 39.34 RCW.
4.7.6 Any contract that, pursuant to applicable law, requires authorization from
the City Council.
4.7.7 Any Contract or Contract Amendment for which the Mayor is not
authorized to approve by Section 4.6 of this policy.
4.8 Work on a contract requiring City Council approval should not commence until
such approval has been granted as authorized in this policy. However, work
outside of the contract's original scope due to changed conditions on a public
works construction project may proceed prior to formal approval of a Contract
Amendment that exceeds the Mayor's approval authority, if the Mayor or
designee determines such additional work is necessary to be performed without
delay in order to avoid increased costs or other inefficiencies. Promptly after
authorizing work that staff determines will require a Council approved Contract
Amendment, the Mayor or designee will provide the City Council with notice of
the work authorized pursuant to this Section. Once the cost of the work
5
AGENDA ITEM #a) 9. c)
RESOLUTION NO.
authorized pursuant to this Section is determined, a Contract Amendment will be
presented to the Council for ratification.
4.9 In the event an emergency situation arises which necessitates a deviation from
this policy or applicable bidding or procurement laws, the Mayor may, pursuant
to RCW 39.04.280, declare an emergency situation exists, waive competitive
bidding requirements, and award all necessary contracts on behalf of the City of
address the emergency situation. Within two weeks of awarding an emergency
contract, the Mayor shall provide Council with a written finding of the existence
of the emergency and notice of the contract(s) awarded pursuant to the authority
granted in this section. Such finding and notice shall be memorialized with the City
Clerk and published on the City's website and/or in the next Council agenda
packets, as the City Clerk deems appropriate.
5.0 DEFINITIONS:
5.1 Amendment Value: Amendment Value is the dollar value of all Consideration
provided by the City to the other contracting party or parties as consideration for
an individual Contract Amendment. Calculation of Amendment Value should be
calculated consistent with the guidelines for calculating Original Contract Value.
5.2 Consideration: A value of exchanged or promised to be exchanged. Consideration
can be in the form of a service, money, and/or property, and can also be a promise
not to do something that the contracting party would otherwise be lawfully
permitted to do.
5.3 Contract: Any agreement (written, oral, or implied) with another entity that legally
binds the City to provide Consideration.
5.4 Contract Amendment: A modification or change in terms to a previously executed
Contract, regardless of form or label (e.g. addendum, amendment, change
order...).
5.5 Emergency: Unforeseen circumstance beyond the control of the City that either
a) present a real, immediate threat to the proper performance of essential
functions, or b) will likely result in material loss or damage to property, bodily
injury, or loss of life, if immediate action is not taken.
5.6 Mayor: The elected Mayor of the City of Renton, his or her designee(s), and/or a
pro tempore Mayor appointed temporarily pursuant to RCW 35A.12.065.
5.7 Original Contract Value: Original Contract Value is the dollar value of all
Consideration provided by the City to the other contracting party or parties in the
original contract. Calculation of Contract Value involving services or property
0
AGENDA ITEM #a) 9. c)
RESOLUTION NO.
exchanged should include a reasonable estimate of the fair market value of
services and property provided by the City as Consideration.
6.0 PROCEDURES:
Procedural matters regarding bidding and contracting are the responsibility of the
Administration. This includes, but is not limited to, formally designating those who may
approve and/or sign contracts on the Mayor's behalf and developing/updating
procurement policies and procedures designed to comply with applicable laws.
7
AGENDA ITEM #b) 9. a)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
MAXIMUM BUILDING HEIGHT FOR VERTICALLY MIXED -USE BUILDINGS IN THE
CA (COMMERCIAL ARTERIAL) ZONING DESIGNATION IN SUBSECTION 4-2-120.A
OF THE RENTON MUNICIPAL CODE, AND PROVIDING FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in Ordinance No. 5899, adopted on November 19, 2018, the City Council
adopted updated development regulations regarding townhouses and residential mixed -use
development; and
WHEREAS, Ordinance No. 5899's Section V and Attachment C amended the maximum
allowed height for vertically mixed -use buildings with residential above ground floor commercial
in the Center Village (CV) zone, but mistakenly omitted a height increase for the CA (Commercial
Arterial) zoning designation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. The Maximum Building Height for vertically mixed -use buildings in the CA
(Commercial Arterial) zoning designation in subsection 4-2-120.A of the Renton Municipal Code
is amended as shown on Attachment A. All other provisions of subsection 4-2-120.A remain in
effect and unchanged.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
1
AGENDA ITEM #b) 9. a)
ORDINANCE NO.
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV. This ordinance shall be in full force and effect 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 , 2019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2019.
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2057:1/22/19:scr
Denis Law, Mayor
2
ORDINANCE NO.
ATTACHMENT A
4-2-120.A, Denisty and Height
DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CN, CV, CA, & UC)
CN
CV
CA
UC
HEIGHT
Maximum Building
35 ft.
50 ft., except 70 ft. for vertically
50 ft., except 60 70 ft. for
10 stories along primary
Height,6,14,16 except for Public
mixed use buildings (commercial
vertically mixed use buildings
and secondary arterials.
Facilities6-20
and residential).
(commercial and residential).
6 stories along
Heights may exceed the Zone's
residential/minor
maximum height with a
collectors.
Conditional Use Permit.16
Maximum Height for
See RMC 4-4-140
Wireless Communication
Facilities6
AGENDA ITEM #b) 9. b)
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5913
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING SECTION 4-5-
125 TO THE RENTON MUNICIPAL CODE TO CREATE A RESIDENTIAL RENTAL
REGISTRATION AND INSPECTION PROGRAM, AMENDING SUBSECTIONS 5-5-3.A
AND 5-5-3.113 OF THE RENTON MUNICIPAL CODE TO CREATE EXEMPTIONS FROM
GENERAL BUSINESS LICENSING REGISTRATION AND FEE REQUIREMENTS, AND
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, some rental housing units with substandard conditions exist within the City of
Renton; and
WHEREAS, improving residential housing and encouraging all rental housing in the City to
meet minimum life safety and fire safety standards are furthered by creating a program to
promote code compliance; and
WHEREAS, the residential rental registration and inspection program set forth below is
not intended to establish substantive requirements beyond the requirements that apply to
existing structures under code provisions that are already in effect; and
WHEREAS, the City collaborated with representatives of landlords and tenant advocates
to design a rental registration and inspection program that protects the interests of tenants and
landlords; and
WHEREAS, a subset of residential property owners asserted that requiring residential
rental property owners to pay for a general business license registration fee would constitute
an unlawful tax; and
WHEREAS, the City believes imposition of its existing general business license
registration fee on all those engaging in the business of residential rental property management
would be lawful; however, to avoid unnecessary litigation or other opposition to this important
1
AGENDA ITEM #b) 9. b)
ORDINANCE NO. 5913
regulatory program, the City Council has decided, at this point, to exempt residential rental
property owners from paying the general business license registration fee and subsidize the
costs of the City's rental registration and inspection program until additional information about
the annual costs of the new program is generated; and
WHEREAS, after such additional information is generated, the City Council may
reevaluate the general business license registration fee exemption and intends to assess
whether an administrative regulatory fee should be imposed to cover the City's costs of the
rental registration and inspection program; and
WHEREAS, creating a residential rental registration and inspection program furthers the
interest of the general public and is not undertaken for the benefit of any particular or
circumscribed class of persons; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on November 19, 2018, the City notified the
State of Washington of its intent to adopt amendments to its development regulations and
requested expedited review; and
WHEREAS, the Planning Commission held a public hearing on June 15, 2016, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council; and
WHEREAS, the City Council considered all relevant matters, and heard all parties in
support or opposition;
2
AGENDA ITEM #b) 9. b)
ORDINANCE NO. 5913
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Chapter 4-5 of the Renton Municipal Code is amended to add a new
section 4-5-125, "Residential Rental Registration and Inspection Program," to read as follows:
4-5-125 RESIDENTIAL RENTAL REGISTRATION AND INSPECTION PROGRAM:
A. PURPOSE:
The City Council finds that rental housing is a valuable community asset,
providing homes for all income levels. The City recognizes that quality rental
housing is a partnership among owners, tenants, and the City. Additionally, the
City Council finds that there exists rental housing in the City that is below
minimum building standards and could violate RCW 59.18.060 of the Landlord -
Tenant Act. As a result, to further the public health, safety, and welfare of its
citizens and the maintenance of quality rental housing in the City, the City
establishes a program to prevent and correct conditions in residential rental units
that are likely to adversely affect the health, safety, and welfare of the public. It is
a purpose of this section to encourage rental housing within the City to be actively
operated and maintained in compliance with Chapter 59.18 RCW, the Residential
Landlord -Tenant Act. The City Council further declares that this program is for the
benefit of the public in general and not for the benefit of any particular or
circumscribed class of persons.
3
ORDINANCE NO. 5913
AGENDA ITEM #b) 9. b)
B. APPLICABILITY:
This section applies to rental dwelling units with the following exceptions:
1. Room rental within a rental dwelling unit that is otherwise occupied by
the landlord;
2. Accommodations for transient guests for which lodging tax is
applicable (hotels, motels, inns, short-term rentals, etc.);
3. Hospitals, hospice and community -care facilities, retirement or nursing
homes, extended care facilities, and other similar uses subject to state licensing
requirements;
4. Rental dwelling units that a government agency or authority owns,
operates, or manages, or that are specifically exempted from municipal regulation
by state or federal law or administrative regulation. Such exemption applies until
such ownership, operation, management, or specific exemption is discontinued;
and
5. Emergency or temporary shelters and transitional housing.
C. DEFINITIONS:
In construing the provisions of RMC 4-5-125, the following definitions shall be
applied:
1. "Administrator" means the Administrator of Community and Economic
Development or designee as applicable and any other department administrator
authorized by the Mayor to enforce this section, or their designee, which may
21
AGENDA ITEM #b) 9. b)
ORDINANCE NO. 5913
include, but is not limited to, code compliance inspector, building official, or other
designated City official.
2. "Certificate of Inspection" means a certificate made in accordance with
the requirements of RCW 9A.72.085 by a qualified inspector on forms provided by
or acceptable to the City that states that the landlord of the rental dwelling unit(s)
at issue has not failed to fulfill any obligation imposed under RCW 59.18.060 of
the Landlord -Tenant Act.
3. "Dwelling unit" means any structure or part of a structure which is used
as a residence or sleeping place by one (1) or more persons, including but not
limited to single-family residences, a room, rooming units, units of multiplexes,
condominiums, apartment buildings, mobile homes, and other similar residential
structures.
4. "Landlord" means an owner, lessor, or sublessor of a rental dwelling
unit or the property on which a rental dwelling unit is located and, in addition,
means any person designated as representative of the landlord including property
managers.
5. "Landlord -Tenant Act" means the Residential Landlord -Tenant Act set
forth in Chapter 59.18 RCW, as currently enacted and hereinafter amended.
6. "Person" means an individual, group of individuals, corporation,
government, governmental agency, business trust, estate, trust, partnership,
association, two (2) or more persons having a joint or common interest, or any
other legal or commercial entity.
5
AGENDA ITEM #b) 9. b)
ORDINANCE NO. 5913
7. "Qualified inspector" means a United States Department of Housing
and Urban Development certified inspector, a Washington State licensed home
inspector, an American Society of Home Inspectors certified inspector, a private
inspector certified by the National Association of Housing and Redevelopment
Officials, the American Association of Code Enforcement, International Code
Council certified inspector, a Washington licensed structural engineer, or a
Washington licensed architect, or other comparable professional as approved by
the Administrator. A landlord is not eligible to act as a qualified inspector for the
landlord's rental property.
8. "RCW" means Revised Code of Washington.
9. "RCW 59.18.060 of the Landlord -Tenant Act" means, for the purposes
of RMC 4-5-125, RCW 59.18.060(1) through (10), as currently enacted and
hereinafter amended.
10. "Rental dwelling unit" means a dwelling unit that is rented or held out
for rental.
11. "Rental property" means all rental dwelling units on a parcel or on
contiguous parcels of land managed by the same landlord as a single rental
complex.
12. "Residential Rental Checklist" means a statement, declaration,
verification, or certificate made in accordance with the forms provided by or
acceptable to the City that each rental dwelling unit at issue complies with
0
AGENDA ITEM #b) 9. b)
ORDINANCE NO. 5913
RCW 59.18.060 of the Landlord -Tenant Act and does not present conditions that
endanger or impair health or safety.
13. "Tenant" is any person who is entitled to occupy a rental dwelling unit
primarily for dwelling purposes with or without a written rental agreement.
D. REQUIREMENTS:
1. Annual Registration, Declaration of Compliance, and Certificate of
Inspection: On or before January 31 of each year, at least one landlord of a rental
dwelling unit shall submit the following rental registration information by means
directed by the Administrator:
a. The landlord's name and contact information;
b. The name and contact information of any person designated by the
landlord as an alternate contact or as a representative of the landlord;
c. If desired by landlord, an email or mailing address or other method
of contact as approved by the Renton Police Department for participation in the
landlord notification program for notice of police activity on the rental property;
d. A Residential Rental Checklist that expressly identifies all of the
landlord's rental dwelling units; and
e. A Certificate of Inspection if such certificate was required to be
completed by RMC 4-5-125.F within the preceding twelve (12) months.
2. Effect of Multiple Landlords: If a single rental dwelling unit has more
than one landlord, the following applies:
7
AGENDA ITEM #b) 9. b)
ORDINANCE NO. 5913
a. Only one landlord is required to meet the requirements of RMC 4-
5-125.D.1; and
b. Regardless of which landlord registers the dwelling unit, all
landlords of the dwelling unit are responsible for compliance with this Section,
including ensuring proper registration by at least one landlord.
3. Payment of Registration Fee: To the extent applicable, payment of any
registration fees required within the City of Renton Fee Schedule shall be paid
annually by January 31.
E. VIOLATIONS:
1. Each landlord of a rental dwelling unit is responsible for the following
violations:
a. Failure to comply with a requirement of RMC 4-5-125, of
RCW 59.18.060 of the Landlord -Tenant Act, or both;
b. Any violation of Chapter 4-5 RMC, where such violation occurs on
or pertains to property occupied by one (1) or more rental dwelling units, and RMC
4-5-125.13 does not except such rental dwelling units from RMC 4-5-125;
c. Any violation of any other City, county, state, or federal law or
regulation relating to health or safety, where such violation occurs on or pertains
to property occupied by one (1) or more rental dwelling units, and RMC 4-5-125.13
does not except such rental dwelling units from RMC 4-5-125.
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AGENDA ITEM #b) 9. b)
ORDINANCE NO. 5913
2. Except as otherwise provided in RMC 4-5-125, the enforcement and
penalty provisions of Chapter 1-3 RMC apply to violations and potential violations
of RMC 4-5-125
F. CERTIFICATE OF INSPECTION:
A landlord shall have a Certificate of Inspection completed and submitted to
the Administrator under the following circumstances:
1. When a tenant requests an inspection, and the landlord appears to
have failed to fulfill an obligation imposed under RCW 59.18.060 of the Landlord -
Tenant Act;
125; or
2. When the City discovers or is made aware of a violation of RMC 4-5-
3. If an order to cure a violation of RMC 4-5-125 has issued.
G. SALE OF PROPERTY — NEW OWNER COMPLIANCE:
Where conditions exist that are in violation of RCW 59.18.060 of the Landlord -
Tenant Act or RMC 4-5-125 or both, and there is a change of ownership or control,
the new landlord will be subject to penalties and enforcement for all ongoing
violations and registration requirements.
H. PENALTIES AND ENFORCEMENT:
1. A violation of this section, of RCW 59.18.060 of the Landlord -Tenant
Act, or of both is subject to penalties and enforcement under Chapter 1-3 RMC.
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AGENDA ITEM #b) 9. b)
ORDINANCE NO. 5913
2. False Reporting: Any person who knowingly submits or assists in the
submission of a falsified Residential Rental Checklist or Certificate of Inspection is
subject to penalties and enforcement under Chapter 1-3 RMC.
SECTION III. Subsection 5-5-3.A of the Renton Municipal Code is amended as shown
below.
A. General Business License Registration Required:
1. No person shall engage in business unless such person has submitted
a general business license registration and holds a valid City of Renton general
business license. The general business license shall not be transferable. If a person
maintains more than one place of business within the City a separate general
business license registration is required for each, with the following exceptions 4:
a. Ttemporary or portable sales which will only be required to submit
one registration; and
b. A separate license for landlords, as that term is defined in RMC 4-
5-125.C, is not required for each separate rental dwelling unit, as that term is
defined in RMC 4-5-125.C; except that property managers who maintain off -site
offices shall obtain a separate license for each off -site office.
2. If a person engages in no other activities in or with the City except the
following, demonstrated through means satisfactory to the Administrator, it need
not register:
a_aeting-Acting within the scope of employment as an employee of a
duly licensed City business, it need net F giste
10
AGENDA ITEM #b) 9. b)
ORDINANCE NO. 5913
b. Owning or acting as lessor or sublessor of real property occupied
with one (1) or more rental dwelling units, as that term is defined in RMC 4-5-
125.C, and such rental dwelling units:
i. Are not rented to others:
ii. Consist of rental on a by -room basis within a rental dwelling
unit that is otherwise occupied by the property owner, except that a property
meeting the definition of a short-term rental, as that term is used in RMC 4-4-055,
is not exemot: or
iii. Are rented only to family members of the property owner.
c. Activities for which reauirement of a business license would violate
Washington State or federal law.
SECTION IV. Subsection 5-5-3.13 of the Renton Municipal Code is amended as shown
below. All provisions of Section 5-5-3 not explicitly amended by Sections III and IV of this
Ordinance shall remain in effect and unchanged.
B. General Business License Registration Fee:
1. General Business License Registration Fee Required: The general
business license registration fee of one hundred fifty dollars ($150.00) shall be
due and payable when filing a completed registration form as prescribed by the
Administrator. The general business license registration fee may be adjusted
from time to time, as published in the current City of Renton Fee Schedule. If a
business enterprise's first date of engaging in business in the City is after July 1, a
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AGENDA ITEM #b) 9. b)
ORDINANCE NO. 5913
prorated half year general business license registration fee will be due in the
amount of seventy-five dollars ($75).
2. Exemptions: The following are exempt from the general business
license registration fee, if demonstrated through means satisfactory to the
Administrator:
a. Non -Profit Exemption: A person that can demonstrate thFeugh
^^^^^< Sato�faGteF , to the d.m....MS_. - ^r that it is exempt from federal income
taxation pursuant to 26 U.S. Code Subsections 501(c) or (d), as those subsections
may be amended or recodified.
b. Threshold Exemption: A person that can demonstrate thFeugh
^^^^^< Sat0SfaGteF , to the 4.dmi^*,t.ra that (1) its business has, as applicable to
the type of business, an annual value of products, gross proceeds of sales, and
gross income in the City equal to or less than $2,000, aggregated, and (2) it does
not maintain a place of business within the City. This exemption does not apply
to a person whose business requires or obtains a regulatory license or
specialized permit.
c. Residential Rental Property Owner Exemption: A person
registering a place of business within the City at which such person's
engagement in business is limited to owning and renting/leasing one or more
rental dwelling units, as that term is defined in RMC 4-5-125.C.
3. Time Within Which to Claim Overpayment of General Business
License Registration Fee: If a person makes an overpayment of a general
12
AGENDA ITEM #b) 9. b)
ORDINANCE NO. 5913
business license registration fee, and, within four (4) years after date of such
overpayment, makes application for a refund or credit of the overpayment, its
claim shall be allowed and be repaid from the general fund or be applied as a
credit to annual renewal fees as approved by the Administrator.
SECTION V. 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 VI. 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 )2019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2019.
Denis Law, Mayor
13
ORDINANCE NO. 5913
AGENDA ITEM #b) 9. b)
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2047:
14
AGENDA ITEM #c) 9. a)
CITY OF RENTON, WASHINGTON
LIMITED TAX GENERAL OBLIGATION BONDS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF
LIMITED TAX GENERAL OBLIGATION BONDS IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $8,500,000 TO
FINANCE COSTS RELATED TO PUBLIC IMPROVEMENTS WITHIN
THE CITY'S DESIGNATED LOCAL REVITALIZATION AREA AND TO
PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM,
TERMS AND COVENANTS OF THE BONDS; DELEGATING
AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS;
AND PROVIDING FOR OTHER MATTERS RELATING THERETO.
PASSED FEBRUARY 11, 2019
PREPARED BY:
PACIFICA LAW GROUP LLP
Seattle, Washington
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AGENDA ITEM #c) 9. a)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
TABLE OF CONTENTS*
Page
Section1.
Definitions................................................................................................................2
Section 2.
Authorization of the Improvements........................................................................7
Section 3.
Authorization and Description of Bonds..................................................................7
Section 4.
Registration, Exchange and Payments.....................................................................8
Section 5.
Redemption Prior to Maturity and Purchase of Bonds.........................................13
Section6.
Form of Bonds........................................................................................................17
Section 7.
Execution of Bonds................................................................................................17
Section 8.
Application of Bond Proceeds; Project Fund.........................................................18
Section 9.
Tax Covenants........................................................................................................19
Section 10.
Debt Service Fund and Provision for Tax Levy Payments......................................21
Section 11.
Defeasance.............................................................................................................23
Section12.
Sale of Bonds..........................................................................................................23
Section 13.
Preliminary and Final Official Statements.............................................................26
Section 14.
Undertaking to Provide Ongoing Disclosure..........................................................27
Section 15.
Lost, Stolen or Destroyed Bonds............................................................................27
Section 16.
Severability; Ratification........................................................................................27
Section 17.
Payments Due on Business Days...........................................................................28
Section 18.
Corrections by City Clerk........................................................................................28
Section 19.
Effective Date.........................................................................................................28
Exhibit A: Form of Bond
* This Table of Contents is provided for convenience only and is not a part of this ordinance.
01 /30/19
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AGENDA ITEM #c) 9. a)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF
LIMITED TAX GENERAL OBLIGATION BONDS IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $8,500,000 TO
FINANCE COSTS RELATED TO PUBLIC IMPROVEMENTS WITHIN
THE CITY'S DESIGNATED LOCAL REVITALIZATION AREA AND TO
PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM,
TERMS AND COVENANTS OF THE BONDS; DELEGATING
AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS;
AND PROVIDING FOR OTHER MATTERS RELATING THERETO.
WHEREAS, pursuant to Ordinance No. 5481, passed by the City Council (the "Council")
of the City of Renton, Washington (the "City"), on August 17, 2009, the City designated certain
property, located within the City and identified as a "local revitalization area" within the
meaning of chapter 39.104 RCW, as the South Lake Washington Revitalization Area (the
"Revitalization Area") and specified certain proposed public improvements meeting the
requirements of RCW 39.104.020 to be made therein (the "Improvements"); and
WHEREAS, pursuant to chapter 39.104 RCW, the City is authorized to undertake a "local
revitalization financing" within the meaning of chapter 39.104 RCW by using revenues received
from a local option sales and use tax imposed pursuant to RCW 82.14.510 to pay the principal
of and interest on bonds issued to finance such Improvements; and
WHEREAS, pursuant to RCW 82.14.505 and RCW 82.14.510, the City has or will levy and
imposed a local option sales and use tax (the "Local Option Sales and Use Tax") to generate
revenues for such purposes in an aggregate annual amount of approximately $500,000 (the
"Local Option Sales and Use Tax Revenue"); and
AGENDA ITEM #c) 9. a)
WHEREAS, after due consideration the Council has determined that it is in the best
interest of the City to authorize the issuance and sale of limited tax general obligation bonds to
pay a portion of the costs of the Improvements; and
WHEREAS, this Council wishes to delegate authority to the Mayor, the Chief
Administrative Officer and the Administrative Services Administrator of the City (as further
described herein, each a "Designated Representative"), for a limited time, to approve the
interest rates, maturity dates, redemption terms and other terms of the Bonds within the
parameters set by this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following words and terms
shall have the following meanings, unless the context or use indicates another or different
meaning or intent. Unless the context indicates otherwise, words importing the singular
number shall include the plural number and vice versa.
Administrative Services Administrator means the City's Administrative Services
Administrator or the successor to such officer.
Beneficial Owner means any person that has or shares the power, directly or indirectly,
to make investment decisions concerning ownership of any Bonds (including persons holding
Bonds through nominees, depositories or other intermediaries).
Bond Counsel means Pacifica Law Group LLP or an attorney at law or a firm of attorneys,
selected by the City, of nationally recognized standing in matters pertaining to the tax-exempt
nature of interest on bonds issued by states and their political subdivisions.
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AGENDA ITEM #c) 9. a)
Bond Register means the registration books maintained by the Bond Registrar for
purposes of identifying ownership of the Bonds or the nominee of each owner, and such other
information as the Bond Registrar shall determine.
Bond Registrar means, initially, the fiscal agent of the State, for the purposes of
registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of
ownership of the Bonds and paying interest on and principal of the Bonds.
Bonds mean the limited tax general obligation bonds authorized to be issued in one or
more series pursuant to this ordinance in the aggregate principal amount of not to exceed
$8,500,000.
Certificate of Authentication means the form of certificate of authentication included in
the form of Bond attached hereto as Exhibit A.
Certificate of Award means the certificate, if any, for the purchase of a series of Bonds
awarding the Bonds to the initial purchaser for such Bonds as set forth in Section 12 of this
ordinance.
Chief Administrative Officer means the Chief Administrative Officer of the City or the
successor to such officer.
City means the City of Renton, Washington, a municipal corporation duly organized and
existing under the laws of the State.
City Clerk means the duly appointed and acting City Clerk of the City or the successor to
the person fulfilling the duties of that office.
Closing means the date of issuance and delivery of a series of Bonds to the applicable
Underwriter.
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AGENDA ITEM #c) 9. a)
Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of
the Tax -Exempt Bonds or (except as otherwise referenced herein) as it may be amended to
apply to obligations issued on the date of issuance of the Tax -Exempt Bonds, together with
applicable proposed, temporary and final regulations promulgated, and applicable official
public guidance published, under the Code.
Commission means the United States Securities and Exchange Commission.
Continuing Disclosure Certificate means the written undertaking for the benefit of the
owners and Beneficial Owners of the Bonds as required by Section (b)(5) of the Rule.
Council or City Council means the Renton City Council, as the general legislative body of
the City, as the same is duly and regularly constituted from time to time.
Debt Service Fund means one or more funds, and accounts held therein, created
pursuant to this ordinance for the purpose of paying debt service on a series of Bonds.
Designated Representative means each of the Mayor, the Chief Administrative Officer
and the Administrative Services Administrator of the City, any successors to the functions of
such officers, and their designees. The signature of one Designated Representative shall be
sufficient to bind the City.
DTC means The Depository Trust Company, New York, New York, a limited purpose trust
company organized under the laws of the State of New York, as depository for the Bonds
pursuant to this ordinance.
Fair Market Value means the price at which a willing buyer would purchase an
investment from a willing seller in a bona fide, arm's-length transaction, except for specified
investments as described in Treasury Regulation §1.148-5(d)(6), including United States
III
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AGENDA ITEM #c) 9. a)
Treasury obligations, certificates of deposit, guaranteed investment contracts, and investments
for yield -restricted defeasance escrows. Fair Market Value is generally determined on the date
on which a contract to purchase or sell an investment becomes binding, and, to the extent
required by the applicable regulations under the Code, the term "investment" will include a
hedge.
Federal Tax Certificate means the certificate executed by a Designated Representative
setting forth the requirements of the Code for maintaining the tax exemption of interest on any
Tax -Exempt Bonds, and any attachments thereto.
Government Obligations means those obligations now or hereafter defined as such in
chapter 39.53 RCW constituting direct obligations of, or obligations the principal of and interest
on which are unconditionally guaranteed by, the United States of America, as such chapter may
be hereafter amended or restated.
Improvements mean the public improvements within the Revitalization Area that are
eligible for financing under chapter 39.104 RCW.
Letter of Representations means the Blanket Issuer Letter of Representations given by
the City to DTC, as amended from time to time.
Local Option Sales and Use Tax means the local option sales and use tax levied and
imposed by the City as authorized by RCW 82.14.505 and RCW 82.14.510.
Local Option Sales and Use Tax Revenue means the Local Option Sales and Use Tax
credit revenues received by the City in an aggregate annual amount of approximately $500,000.
Mayor or City Mayor means the elected Mayor of the City or the successor to the duties
of that office.
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AGENDA ITEM #c) 9. a)
MSRB means the Municipal Securities Rulemaking Board or any successors to its
functions.
Official Statement means the disclosure documents prepared and delivered in
connection with the issuance of a series of Bonds.
Project Fund means the fund or account created pursuant to Section 8 of this ordinance.
Record Date means the close of business for the Bond Registrar on the day that is 15
days preceding any interest and/or principal payment or redemption date.
Registered Owner means the person named as the registered owner of a Bond in the
Bond Register. For so long as the Bonds are held in book -entry only form, DTC or its nominee
shall be deemed to be the sole Registered Owner.
Revitalization Area means the South Lake Washington Revitalization Area designated by
the City as a "local revitalization area" within the meaning of chapter 39.104 RCW as provided
for in City Ordinance No. 5481.
Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934,
as the same may be amended from time to time.
State means the State of Washington.
Taxable Bonds means any Bonds determined to be issued on a taxable basis pursuant to
Section 12.
Tax -Exempt Bonds mean any Bonds determined to be issued on a tax-exempt basis
under the Code pursuant to Section 12.
Underwriter means any initial purchaser for a series of Bonds selected pursuant to
Section 12.
Iral
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AGENDA ITEM #c) 9. a)
Section 2. Authorization of the Improvements. The Improvements, as they are to
be more fully described in the plans and specifications prepared by and filed with the City, are
hereby approved. The cost of all necessary appraisals, negotiation, closing, architectural,
engineering, financial, legal and other consulting services, inspection and testing, demolition,
administrative and relocation expenses and other costs incurred in connection with the
foregoing capital improvements shall be deemed a part of the capital costs of such
Improvements. Such Improvements shall be complete with all necessary equipment and
appurtenances.
The City will determine the exact specifications for the Improvements, and the
components thereof, as well as the timing, order and manner of completing the components of
the Improvements. The City may alter, make substitutions to, and amend the Improvements as
it determines are in the best interests of the City and consistent with chapter 39.104 RCW.
Section 3. Authorization and Description of Bonds. For the purpose of paying
and/or reimbursing the City for costs of the Improvements and paying costs of issuance, the
City is hereby authorized to issue and sell from time to time one or more series of limited tax
general obligation bonds in an aggregate principal amount not to exceed $8,500,000
(the "Bonds")
The Bonds of each series shall be general obligations of the City and shall be designated
"City of Renton, Washington, Limited Tax General Obligation Bonds, 2019" with additional
series designation or other such designation as determined to be necessary by a Designated
Representative. The Bonds of each series shall be dated as of the date of Closing for such series
of Bonds; shall be fully registered as to both principal and interest; shall be in the denomination
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AGENDA ITEM #c) 9. a)
of $5,000 each, or any integral multiple thereof, within a maturity; shall be numbered
separately in such manner and with any additional designation as the Bond Registrar deems
necessary for purposes of identification; shall bear interest from their date payable on the
dates and at the rates and commencing as provided in the applicable Certificate of Award; and
shall mature on the dates and in the principal amounts set forth in the applicable Certificate of
Award, as approved and executed by a Designated Representative pursuant to Section 12 of
this ordinance. The Bonds authorized herein may be combined with other limited tax general
obligation bonds of the City and sold as a single series and issue if determined to be in the best
interest of the City.
Section 4. Registration, Exchange and Payments.
(a) Bond Registrar/Bond Register. The City hereby specifies and adopts the
system of registration approved by the Washington State Finance Committee from time to time
through the appointment of State fiscal agencies. The City shall cause the Bond Register to be
maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond
Registrar shall make all necessary provisions to permit the exchange, registration or transfer of
Bonds at its designated office. The Bond Registrar may be removed at any time at the option of
the Administrative Services Administrator upon prior notice to the Bond Registrar and a
successor Bond Registrar appointed by the Administrative Services Administrator. No
resignation or removal of the Bond Registrar shall be effective until a successor shall have been
appointed and until the successor Bond Registrar shall have accepted the duties of the Bond
Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate
and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds
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AGENDA ITEM #c) 9. a)
and this ordinance and to carry out all of the Bond Registrar's powers and duties under this
ordinance. The Bond Registrar shall be responsible for its representations contained in the
Certificate of Authentication of the Bonds.
(b) Registered Ownership. The City and the Bond Registrar, each in its
discretion, may deem and treat the Registered Owner of each Bond of a series as the absolute
owner thereof for all purposes (except as provided in a Continuing Disclosure Certificate), and
neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment
of any such Bond shall be made only as described in Section 4(g), but such Bond may be
transferred as herein provided. All such payments made as described in Section 4(g) shall be
valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the
amount or amounts so paid.
(c) DTC Acceptance/Letters of Representations. The Bonds of a series
initially shall be held in fully immobilized form by DTC acting as depository. The City has
executed and delivered to DTC the Letter of Representations. Neither the City nor the Bond
Registrar shall have any responsibility or obligation to DTC participants or the persons for whom
they act as nominees (or any successor depository) with respect to the Bonds in respect of the
accuracy of any records maintained by DTC (or any successor depository) or any DTC
participant, the payment by DTC (or any successor depository) or any DTC participant of any
amount in respect of the principal of or interest on Bonds, any notice which is permitted or
required to be given to Registered Owners under this ordinance (except such notices as shall be
required to be given by the City to the Bond Registrar or to DTC (or any successor depository)),
or any consent given or other action taken by DTC (or any successor depository) as the
In
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AGENDA ITEM #c) 9. a)
Registered Owner. For so long as any Bonds are held by a depository, DTC or its successor
depository or its nominee shall be deemed to be the Registered Owner for all purposes
hereunder, and all references herein to the Registered Owners shall mean DTC (or any
successor depository) or its nominee and shall not mean the owners of any beneficial interest in
such Bonds.
(d) Use of Depository.
(1) The Bonds shall be registered initially in the name of "Cede &
Co.," as nominee of DTC, with one Bond of each series maturing on each of the maturity dates
for the Bonds in a denomination corresponding to the total principal therein designated to
mature on such date. Registered ownership of such Bonds, or any portions thereof, may not
thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any
such successor shall be qualified under any applicable laws to provide the service proposed to
be provided by it; (B) to any substitute depository appointed by the Administrative Services
Administrator pursuant to subsection (2) below or such substitute depository's successor; or
(C) to any person as provided in subsection (4) below.
(2) Upon the resignation of DTC or its successor (or any substitute
depository or its successor) from its functions as depository or a determination by the
Administrative Services Administrator to discontinue the system of book -entry transfers
through DTC or its successor (or any substitute depository or its successor), the Administrative
Services Administrator may hereafter appoint a substitute depository. Any such substitute
depository shall be qualified under any applicable laws to provide the services proposed to be
provided by it.
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AGENDA ITEM #c) 9. a)
(3) In the case of any transfer pursuant to clause (A) or (B) of
subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds together
with a written request on behalf of the Administrative Services Administrator, issue a single
new Bond for each maturity of that series then outstanding, registered in the name of such
successor depository or such substitute depository, or their nominees, as the case may be, all as
specified in such written request of the Administrative Services Administrator.
(4) In the event that (A) DTC or its successor (or substitute depository
or its successor) resigns from its functions as depository, and no substitute depository can be
obtained, or (B) the Administrative Services Administrator determines that it is in the best
interest of the Beneficial Owners of the Bonds that such owners be able to obtain physical bond
certificates, the ownership of such Bonds may then be transferred to any person or entity as
herein provided, and shall no longer be held by a depository. The Administrative Services
Administrator shall deliver a written request to the Bond Registrar, together with a supply of
physical bonds, to issue Bonds as herein provided in any authorized denomination. Upon
receipt by the Bond Registrar of all then outstanding Bonds of a series together with a written
request on behalf of the Administrative Services Administrator to the Bond Registrar, new
Bonds of such series shall be issued in the appropriate denominations and registered in the
names of such persons as are requested in such written request.
(e) Registration of Transfer of Ownership or Exchange; Change in
Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but
no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with
the assignment form appearing on such Bond duly executed by the Registered Owner or such
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Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon
such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate
and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or
Bonds at the option of the new Registered Owner) of the same date, series, maturity, and
interest rate and for the same aggregate principal amount in any authorized denomination,
naming as Registered Owner the person or persons listed as the assignee on the assignment
form appearing on the surrendered Bond, in exchange for such surrendered and cancelled
Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for
an equal aggregate principal amount of Bonds of the same date, series, maturity, and interest
rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the
transfer of or to exchange any Bond during the 15 days preceding any principal payment or
redemption date.
(f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become
the Registered Owner of any Bond with the same rights it would have if it were not the Bond
Registrar, and to the extent permitted by law, may act as depository for and permit any of its
officers or directors to act as a member of, or in any other capacity with respect to, any
committee formed to protect the right of the Registered Owners or Beneficial Owners of Bonds.
(g) Place and Medium of Payment. Both principal of and interest on the
Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds
shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as
all Bonds are held by a depository, payments of principal thereof and interest thereon shall be
made as provided in accordance with the operational arrangements of DTC referred to in the
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Letter of Representations. In the event that the Bonds are no longer held by a depository,
interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the
addresses for such Registered Owners appearing on the Bond Register on the Record Date, or
upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by
the Bond Registrar at least by the Record Date), such payment shall be made by the Bond
Registrar by wire transfer to the account within the United States designated by the Registered
Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds
by the Registered Owners at the designated office of the Bond Registrar.
If any Bond is duly presented for payment and funds have not been provided by
the City on the applicable payment date, then interest will continue to accrue thereafter on the
unpaid principal thereof at the rate stated on the Bond until the Bond is paid.
Section 5. Redemption Prior to Maturity and Purchase of Bonds.
(a) Mandatory Redemption of Term Bonds and Optional Redemption. The Bonds of
each series shall be subject to mandatory redemption of term bonds to the extent, if any, set
forth in the Certificate of Award and as approved by a Designated Representative pursuant to
Section 12. The Bonds of each series shall be subject to optional redemption on the dates, at
the prices and under the terms set forth in the Certificate of Award approved by a Designated
Representative pursuant to Section 12.
(b) Selection of Bonds for Redemption. For as long as the Bonds of a series are held
in book -entry only form, the selection of particular Bonds within a series and maturity to be
redeemed shall be made in accordance with the operational arrangements then in effect at
DTC. If the Bonds are no longer held by a depository, the selection of such Bonds to be
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redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided
in the following provisions of this subsection (b). If the City redeems at any one time fewer
than all of the Bonds of a series having the same maturity date, the particular Bonds or portions
of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner as
determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a
denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as
representing such number of separate Bonds each of the denomination of $5,000 as is obtained
by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion
of the principal sum of a Bond is redeemed, upon surrender of such Bond at the designated
office of the Bond Registrar there shall be issued to the Registered Owner, without charge
therefor, for the then unredeemed balance of the principal sum thereof, at the option of the
Registered Owner, a Bond or Bonds of like series, maturity and interest rate in any of the
denominations herein authorized.
(c) Notice of Redemption.
(1) Official Notice. For so long as the Bonds of a series are held by a
depository, notice of redemption shall be given in accordance with the operational
arrangements of DTC as then in effect, and neither the City nor the Bond Registrar shall provide
any notice of redemption to any Beneficial Owners. The notice of redemption may be
conditional. Unless waived by any Registered Owner of Bonds to be redeemed, official notice
of any such redemption (which redemption may be conditioned by the Bond Registrar on the
receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on
behalf of the City by mailing a copy of an official redemption notice by first class mail at least
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20 days and not more than 60 days prior to the date fixed for redemption to the Registered
Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at
such other address as is furnished in writing by such Registered Owner to the Bond Registrar.
All official notices of redemption shall be dated and shall state:
(A) the redemption date,
(B) the redemption price,
(C) if fewer than all outstanding Bonds of such series are to be
redeemed, the identification by series and maturity (and, in the case of partial redemption, the
respective principal amounts) of the Bonds to be redeemed,
(D) any conditions to redemption,
(E) that unless conditional notice of redemption has been given and
such conditions have either been satisfied or waived, on the redemption date the redemption
price shall become due and payable upon each such Bond or portion thereof called for
redemption, and that interest thereon shall cease to accrue from and after said date, and
(F) the place where such Bonds are to be surrendered for payment of
the redemption price, which place of payment shall be the designated office of the Bond
Registrar.
On or prior to any redemption date, unless any condition to such redemption has not
been satisfied or waived or notice of such redemption has been rescinded or revoked, the City
shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption
price of all the Bonds or portions of Bonds which are to be redeemed on that date. The City
retains the right to rescind any redemption notice and the related optional redemption of
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Bonds by giving notice of rescission to the affected Registered Owners at any time on or prior to
the scheduled redemption date. Any notice of optional redemption that is so rescinded shall be
of no effect, and the Bonds for which the notice of optional redemption has been rescinded
shall remain outstanding.
(2) Effect of Notice; Bonds Due. If notice of redemption has been given and
not rescinded or revoked, or if the conditions set forth in a conditional notice of redemption
have been satisfied or waived, the Bonds of such series or portions of Bonds to be redeemed
shall, on the redemption date, become due and payable at the redemption price therein
specified, and from and after such date such Bonds or portions of Bonds shall cease to bear
interest. Upon surrender of such Bonds for redemption in accordance with said notice, such
Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due
on or prior to the redemption date shall be payable as herein provided for payment of interest.
All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be
reissued.
(3) Additional Notice. In addition to the foregoing notice, further notice shall
be given by the City as set out below, but no defect in said further notice nor any failure to give
all or any portion of such further notice shall in any manner defeat the effectiveness of a call for
redemption if notice thereof is given as above prescribed. Each further notice of redemption
given hereunder shall contain the information required above for an official notice of
redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of
the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed;
(D) the series and maturity date of each Bond being redeemed; and (E) any other descriptive
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information needed to identify accurately the Bonds being redeemed. Each further notice of
redemption may be sent at least 20 days before the redemption date to each party entitled to
receive notice pursuant to the applicable Continuing Disclosure Certificate and with such
additional information as the City shall deem appropriate, but such mailings shall not be a
condition precedent to the redemption of such Bonds.
(4) Amendment of Notice Provisions. The foregoing notice provisions of this
Section 5, including but not limited to the information to be included in redemption notices and
the persons designated to receive notices, may be amended by additions, deletions and
changes in order to maintain compliance with duly promulgated regulations and
recommendations regarding notices of redemption of municipal securities.
(d) Purchase of Bonds. The City reserves the right to purchase any or all of the
Bonds offered to it at any time at a price deemed reasonable by the Administrative Services
Administrator plus accrued interest to the date of purchase.
Section 6. Form of Bonds. The Bonds shall be in substantially the form set forth in
Exhibit A, which is incorporated herein by this reference, with such changes thereto as may be
approved by the Designated Representative, consistent with the provisions of Section 12
hereof.
Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the City by
the facsimile or manual signature of the Mayor and shall be attested to by the facsimile or
manual signature of the City Clerk, and shall have the seal of the City impressed or a facsimile
thereof imprinted or otherwise reproduced thereon.
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In the event any officer who shall have signed or whose facsimile signatures appear on
any of the Bonds shall cease to be such officer of the City before said Bonds shall have been
authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may
nevertheless be authenticated, delivered and issued and, upon such authentication, delivery
and issuance, shall be as binding upon the City as though said person had not ceased to be such
officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the
actual date of execution of such Bond shall be the proper officer of the City, although at the
original date of such Bond such persons were not such officers of the City.
Only such Bonds as shall bear thereon a Certificate of Authentication manually executed
by an authorized representative of the Bond Registrar shall be valid or obligatory for any
purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be
conclusive evidence that the Bonds so authenticated have been duly executed, authenticated
and delivered hereunder and are entitled to the benefits of this ordinance.
Section 8. Aoolication of Bond Proceeds: Proiect Fund. The Administrative Services
Administrator is hereby authorized to create a fund or account (the "Project Fund"), and
subaccounts therein as necessary, for the purposes set forth in this section. A portion of the
proceeds of each series of Bonds, net of any Underwriter's discount and fees, shall be
deposited in the Project Fund in the amounts specified in the closing memorandum prepared in
connection with the issuance of such Bonds. Such proceeds shall be used to pay and/or
reimburse the City for the costs of the Improvements and, unless otherwise provided by the
City, to pay costs of issuance of such Bonds.
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The Administrative Services Administrator shall invest money in the Project Fund and
the subaccounts contained therein in such obligations as may now or hereafter be permitted by
law to cities of the State and which will mature prior to the date on which such money shall be
needed, but only to the extent that the same are acquired, valued and disposed of at Fair
Market Value. Any remaining Bond proceeds (including interest earnings thereon) may be used
for other capital projects of the City or shall be transferred to the Debt Service Fund for the
allocable series of Bonds.
Section 9. Tax Covenants. The City will take all actions necessary to assure the
exclusion of interest on any Tax -Exempt Bonds from the gross income of the owners of such
Tax -Exempt Bonds to the same extent as such interest is permitted to be excluded from gross
income under the Code as in effect on the date of issuance of such Tax -Exempt Bonds, including
but not limited to the following:
(a) Private Activity Bond Limitation. The City will assure that the proceeds of the
Tax -Exempt Bonds are not so used as to cause the Tax -Exempt Bonds to satisfy the private
business tests of Section 141(b) of the Code or the private loan financing test of Section 141(c)
of the Code.
(b) Limitations on Disposition of Improvements. The City will not sell or otherwise
transfer or dispose of (i) any personal property components of the Improvements other than in
the ordinary course of an established government program under Treasury Regulation 1.141-
2(d)(4) or (ii) any real property components of the Improvements, unless it has received an
opinion of Bond Counsel to the effect that such disposition will not adversely affect the
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treatment of interest on the Tax -Exempt Bonds as excludable from gross income for federal
income tax purposes.
(c) Federal Guarantee Prohibition. The City will not take any action or permit or
suffer any action to be taken if the result of such action would be to cause any of the Tax -
Exempt Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code.
(d) Rebate Requirement. The City will take any and all actions necessary to assure
compliance with Section 148(f) of the Code, relating to the rebate of excess investment
earnings, if any, to the federal government, to the extent that such section is applicable to the
Tax -Exempt Bonds.
(e) No Arbitrage. The City will not take, or permit or suffer to be taken, any action
with respect to the proceeds of the Tax -Exempt Bonds which, if such action had been
reasonably expected to have been taken, or had been deliberately and intentionally taken, on
the date of issuance of the Tax -Exempt Bonds would have caused the Tax -Exempt Bonds to be
"arbitrage bonds" within the meaning of Section 148 of the Code.
(f) Registration Covenant. The City will maintain a system for recording the
ownership of each Tax -Exempt Bond that complies with the provisions of Section 149 of the
Code until all Tax -Exempt Bonds have been surrendered and canceled.
(g) Record Retention. The City will retain its records of all accounting and monitoring
it carries out with respect to the Tax -Exempt Bonds for at least three years after the Tax -
Exempt Bonds mature or are redeemed (whichever is earlier); however, if the Tax -Exempt
Bonds are redeemed and refunded, the City will retain its records of accounting and monitoring
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at least three years after the earlier of the maturity or redemption of the obligations that
refunded the Tax -Exempt Bonds.
(h) Compliance with Federal Tax Certificate. The City will comply with the provisions
of the Federal Tax Certificate with respect to a series of Tax -Exempt Bonds, which are
incorporated herein as if fully set forth herein. The covenants of this Section will survive
payment in full or defeasance of the Tax -Exempt Bonds.
(i) Bank Qualification. In the Federal Tax Certificate executed in connection with
the issuance of each series of Tax -Exempt Bonds, the City may designate such Bonds as
"qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by
financial institutions if the City does not reasonably expect to issue more than $10,000,000 of
qualified tax-exempt obligations in the calendar year in which such Tax -Exempt Bonds are
issued.
Section 10. Debt Service Fund and Provision for Tax Levy Payments. The City hereby
authorizes the creation of one or more funds, and accounts held therein, to be used for the
payment of debt service on each series of Bonds, designated as the "Limited Tax General
Obligation Bond Debt Service Fund" or other such designation selected by the City (the "Debt
Service Fund"). No later than the date each payment of principal of or interest on the Bonds
becomes due, the City shall transmit sufficient funds, from the Debt Service Fund or from other
legally available sources, to the Bond Registrar for the payment of such principal or interest.
Money in the Debt Service Fund may be invested in legal investments for City funds, but only to
the extent that the same are acquired, valued and disposed of at Fair Market Value. Any
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interest or profit from the investment of such money shall be deposited in the Debt Service
Fund.
The City hereby irrevocably covenants and agrees for as long as any of the Bonds are
outstanding and unpaid that each year it shall include in its budget and levy an ad valorem tax
upon all the property within the City subject to taxation in an amount that will be sufficient,
together with all other revenues and money of the City legally available for such purposes, to
pay the principal of and interest on the Bonds as the same shall become due.
The City hereby irrevocably pledges that the annual tax provided for herein to be levied
for the payment of such principal and interest shall be within and as a part of the property tax
levy permitted to cities without a vote of the electorate, and that a sufficient portion of each
annual levy to be levied and collected by the City prior to the full payment of the principal of
and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated
for the payment of the principal of and interest on the Bonds. The full faith, credit and
resources of the City are hereby irrevocably pledged for the annual levy and collection of such
taxes and for the prompt payment of the principal of and interest on the Bonds when due.
The City hereby further irrevocably pledges all Local Option Sales and Use Tax Revenues
to the portion of the Bonds allocable to the Improvements. The City further covenants to
impose the Local Option Sales and Use Tax, collect the Local Option Sales and Use Tax Revenues
under and in accordance with RCW 82.14.505 and RCW 82.14.510, and apply Local Option Sales
and Use Tax Revenues to pay debt service on the portion of the Bonds allocable to the
Improvements. In the event that the Bonds authorized herein are combined with other limited
tax general obligation bonds of the City and sold as a single series, the Local Option Sales and
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Use Tax Revenues shall be pledged to the portion of the combined series of bonds allocable to
the Improvements.
Section 11. Defeasance. In the event that the City, in order to effect the payment,
retirement or redemption of any Bond, sets aside in the Debt Service Fund or in another special
account, cash or noncallable Government Obligations, or any combination of cash and/or
noncallable Government Obligations, in amounts and maturities that, together with the known
earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance
with its terms and to pay when due the interest and redemption premium, if any, thereon, and
such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for
such purpose, then no further payments need be made into the Debt Service Fund for the
payment of the principal of and interest on such Bond. The owner of a Bond so provided for
shall cease to be entitled to any lien, benefit or security of this ordinance except the right to
receive payment of principal, premium, if any, and interest from the Debt Service Fund or such
special account, and such Bond shall be deemed to be not outstanding under this ordinance.
The City shall give written notice of defeasance of any Bonds of a series in accordance with the
applicable Continuing Disclosure Certificate.
Section 12. Sale of Bonds.
(a) Bond Sole. The Council has determined that it would be in the best interest of
the City to delegate to the Designated Representatives, for a limited time, the authority to
designate each series of Bonds as Tax -Exempt Bonds or Taxable Bonds and to approve the final
interest rates, maturity dates, redemption terms and principal maturities for each series of
Bonds. A Designated Representative may also determine to combine the Bonds authorized
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herein with other authorized limited tax general obligation bonds of the City and to sell such
bonds as a single series and issue.
(b) Competitive Sale. The Bonds of each series shall be sold by competitive public
sale. A Designated Representative shall with respect to such series of Bonds: (1) establish the
date of the public sale; (2) establish the criteria by which the successful bidder will be
determined; (3) request that a good faith deposit accompany each bid; (4) cause notice of the
public sale to be given; and (5) provide for such other matters pertaining to the public sale as
he or she deems necessary or desirable. A Designated Representative shall cause the notice of
sale to be given and provide for such other matters pertaining to the public sale as he or she
deems necessary or desirable. The Bonds of such series shall be sold to the Underwriter
pursuant to the terms of a Certificate of Award.
(c) Sale Parameters. Subject to the terms and conditions set forth in this Section 12,
each Designated Representative is hereby authorized to designate each series of Bonds as Tax -
Exempt Bonds or Taxable Bonds and to determine the final interest rates, aggregate principal
amount, principal maturities, and redemption rights for each series of Bonds in the manner
provided hereafter so long as:
(1) the aggregate principal (face) amount of all Bonds issued under the
authority granted in this ordinance does not exceed $8,500,000,
(2) the final maturity date for the Bonds of each series is no later than
December 1, 2044,
(3) the aggregate purchase price for the Bonds of each series shall be no less
than 98% of the aggregate stated principal amount of the Bonds of each series,
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(4) the true interest cost for the Tax -Exempt Bonds (in the aggregate for such
series) does not exceed 5.00%,
(5) the true interest cost for the Taxable Bonds (in the aggregate for such
series) does not exceed 5.00%, and
(6) the Bonds of each series otherwise conform to all other terms of this
ordinance.
Subject to the terms and conditions set forth in this section, each Designated
Representative is hereby authorized to select the Underwriter and to execute the Certificate of
Award on behalf of the City for each series of Bonds. The signature of one Designated
Representative shall be sufficient to bind the City.
Following the execution of the Certificate of Award, a Designated Representative shall
provide a report to the Council describing the final terms of the Bonds sold pursuant to such
Certificate of Award and approved pursuant to the authority delegated in this section. The
authority granted to the Designated Representatives by this Section 12 shall expire one year
after the effective date of this ordinance. If a Certificate of Award for the Bonds has not been
executed within one year after the effective date of this ordinance, the authorization for the
issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale
approved unless such Bonds are re -authorized by ordinance of the Council. The ordinance re-
authorizing the issuance and sale of such Bonds may be in the form of a new ordinance
repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance
approving a Certificate of Award or establishing terms and conditions for the authority
delegated under this Section 12.
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(f) Delivery of Bonds; Documentation. Upon the passage and approval of this
ordinance and execution of the Certificate of Award, the proper officials of the City, including
the Designated Representatives and the City Clerk, are authorized and directed to undertake all
action necessary for the prompt execution and delivery of the Bonds of a series to the
Underwriter and further to execute all closing certificates and documents required to effect the
closing and delivery of the Bonds of a series in accordance with the terms of the Certificate of
Award. Such documents may include, but are not limited to, documents related to a municipal
bond insurance policy delivered by an insurer to insure the payment when due of the principal
of and interest on all or a portion of a series of Bonds as provided therein, if such insurance is
determined by a Designated Representative to be in the best interest of the City.
Section 13. Preliminary and Final Official Statements. Each Designated
Representative is hereby authorized to deem final the preliminary Official Statement relating to
a series of Bonds for the purposes of the Rule. Each Designated Representative is further
authorized to approve for purposes of the Rule, on behalf of the City, the final Official
Statement relating to the issuance and sale of a series of Bonds and the distribution of the final
Official Statement in accordance with the Rule with such changes, if any, as may be deemed by
him or her to be appropriate.
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Section 14. Undertaking to Provide Ongoing Disclosure. The City covenants to
execute and deliver at the time of Closing of a series of Bonds a Continuing Disclosure
Certificate. Each Designated Representative is hereby authorized to execute and deliver a
Continuing Disclosure Certificate upon the issuance, delivery and sale of a series of Bonds with
such terms and provisions as such officer shall deem appropriate and in the best interests of
the City.
Section 15. Lost, Stolen or Destroyed Bonds. In case any Bonds are lost, stolen or
destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like series,
amount, date and tenor to the Registered Owner thereof if the Registered Owner pays the
expenses and charges of the Bond Registrar and the City in connection therewith and files with
the Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were
actually lost, stolen or destroyed and of his or her ownership thereof, and furnishes the City
and the Bond Registrar with indemnity satisfactory to both.
Section 16. Severability; Ratification. If any one or more of the covenants or
agreements provided in this ordinance to be performed on the part of the City shall be declared
by any court of competent jurisdiction to be contrary to law, then such covenant or covenants,
agreement or agreements, shall be null and void and shall be deemed separable from the
remaining covenants and agreements of this ordinance and shall in no way affect the validity of
the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the authority
granted in this ordinance but prior to its effective date are hereby ratified and confirmed.
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Section 17. Payments Due on Business Days. If an interest and/or principal payment
date for the Bonds is not a business day, then payment shall be made on the next business day
and no interest shall accrue for the intervening period.
Section 18. Corrections by Clerk. Upon approval of the City Attorney and Bond
Counsel, the City Clerk is hereby authorized to make necessary corrections to this ordinance,
including but not limited to the correction of clerical errors; references to other local, State or
federal laws, codes, rules, or regulations; ordinance numbering and section/subsection
numbering; and other similar necessary corrections.
Section 19. Effective Date. This ordinance shall be effective upon its passage,
approval, and thirty (30) days after publication.
PASSED by the City Council this 11th day of February, 2019.
Jason A. Seth, CIVIC, City Clerk
APPROVED BY THE MAYOR this 11th day of February, 2019.
Denis Law, Mayor
Approved as to form:
Pacifica Law Group LLP
Bond Counsel
Date of Publication:
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091
Exhibit A
Form of Bond
[DTC LANGUAGE]
UNITED STATES OF AMERICA
STATE OF WASHINGTON
CITY OF RENTON
LIMITED TAX GENERAL OBLIGATION BOND, 2019[(Taxable)]
INTEREST RATE: % MATURITY DATE: CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Renton, Washington (the "City"), hereby acknowledges itself to owe and for
value received promises to pay to the Registered Owner identified above, or registered assigns,
on the Maturity Date identified above, the Principal Amount indicated above and to pay
interest thereon from , 20_, or the most recent date to which interest has been
paid or duly provided for until payment of this bond at the Interest Rate set forth above,
payable on 1, 20_, and semiannually thereafter on the first days of each
succeeding and . Both principal of and interest on this bond are
payable in lawful money of the United States of America. The fiscal agent of the State of
Washington has been appointed by the City as the authenticating agent, paying agent and
registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue
are held in fully immobilized form, payments of principal thereof and interest thereon shall be
made as provided in accordance with the operational arrangements of The Depository Trust
Company ("DTC') referred to in the Blanket Issuer Letter of Representations (the "Letter of
Representations") from the City to DTC.
The bonds of this issue are issued under and in accordance with the provisions of the
Constitution and applicable statutes of the State of Washington and Ordinance No. , duly
passed by the City Council on , 2019 (the "Bond Ordinance"). Capitalized terms
used in this bond have the meanings given such terms in the Bond Ordinance.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon
shall have been manually signed by or on behalf of the Bond Registrar or its duly designated
agent.
A-1
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This bond is one of an authorized issue of bonds of like series, date, tenor, rate of
interest and date of maturity, except as to number and amount in the aggregate principal
amount of $ and is issued pursuant to the Bond Ordinance to provide a portion of
the funds necessary to pay the costs of certain public improvements meeting the requirements
of RCW 39.104.020 and to pay costs of issuance.
The bonds of this issue are subject to redemption prior to their stated maturities as
provided in the Certificate of Award.
The City has irrevocably covenanted and agreed for as long as the bonds of this issue are
outstanding and unpaid that each year it shall include in its budget and levy an ad valorem tax
upon all the property within the City subject to taxation in an amount that will be sufficient,
together with all other revenues and money of the City legally available for such purposes, to
pay the principal of and interest on the bonds of this issue as the same shall become due.
The City has irrevocably pledged that the annual tax provided for to be levied for the
payment of such principal and interest shall be within and as a part of the property tax levy
permitted to cities without a vote of the electorate, and that a sufficient portion of each annual
levy to be levied and collected by the City prior to the full payment of the principal of and
interest on the bonds of this issue will be and is hereby irrevocably set aside, pledged and
appropriated for the payment of the principal of and interest on the bonds of this issue. The
full faith, credit and resources of the City have been irrevocably pledged for the annual levy and
collection of such taxes and for the prompt payment of the principal of and interest on the
bonds of this issue when due.
The City has further irrevocably pledged all Local Option Sales and Use Tax Revenues to
the portion of the bonds of this issue allocable to the Improvements. The City further
covenanted to impose the Local Option Sales and Use Tax, collect the Local Option Sales and
Use Tax Revenues under and in accordance with RCW 82.14.505 and RCW 82.14.510, and apply
Local Option Sales and Use Tax Revenues to pay debt service on the portion of the bonds of this
issue allocable to the Improvements. In the event that the Bonds are combined with other
limited tax general obligation bonds of the City and sold as a single series, the Local Option
Sales and Use Tax Revenues shall be pledged to the portion of the combined series of bonds
allocable to the Improvements.
It is hereby certified that all acts, conditions and things required by the Constitution and
statutes of the State of Washington to exist and to have happened, been done and performed
precedent to and in the issuance of this bond exist and have happened, and have been done
and performed and that the issuance of this bond and the bonds of this issue does not violate
any constitutional, statutory or other limitation upon the amount of bonded indebtedness that
the City may incur.
IN WITNESS WHEREOF, the City of Renton, Washington, has caused this bond to be
executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of
the City to be imprinted, impressed or otherwise reproduced hereon as of this day of
A-2
10018 00013ia08ep42ck
AGENDA ITEM #c) 9. a)
[SEAL]
ATTEST:
20
manual or facsimile
City Clerk
CITY OF RENTON, WASHINGTON
By /s/ manual or facsimile
Mayor
The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the
following form:
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This bond is one of the bonds described in the within -mentioned Bond Ordinance and is
one of the Limited Tax General Obligation Bonds, 2019, of the City of Renton, Washington,
dated 12019.
WASHINGTON STATE FISCAL AGENT, as
Bond Registrar
A-3
10018 00013ia08ep42ck
AGENDA ITEM #c) 9. a)
CERTIFICATE
I, the undersigned, City Clerk of the City Council of the City of Renton, Washington
(the "City"), DO HEREBY CERTIFY:
1. The attached copy of Ordinance No. (the "Ordinance") is a full,
true and correct copy of an ordinance duly passed at a regular meeting of the City Council of
the City held at the regular meeting place thereof on as that ordinance
appears in the minute book of the City; and the Ordinance will be in full force and effect after
its passage and publication as provided by law; and
2. That said meeting was duly convened and held in all respects in accordance with
law, and to the extent required by law, due and proper notice of such meeting was given; that a
legal quorum was present throughout the meeting and a legally sufficient number of members
of the Council voted in the proper manner for the passage of said Ordinance; and that all other
requirements and proceedings incident to the proper passage of said Ordinance have been fully
fulfilled, carried out and otherwise observed.
3. That Ordinance No. has not been amended, supplemented or
rescinded since its passage and is in full force and effect and that I am authorized to execute
this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand this day of 12019.
City Clerk
10018 00013ia08ep42ck
AGENDA ITEM #d) 9. a)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING
CERTAIN TERRITORY TO THE CITY OF RENTON (WOLF WOODS
ANNEXATION; FILE NO. A-17-002).
WHEREAS, under the provisions of RCW 35A.14.120, as amended, a written
annexation petition was presented and filed with the City Clerk on or about July 24, 2017;
and
WHEREAS, prior to the filing and circulation of the petition for annexation to the
City of Renton, pursuant to RCW 35A.14.120, the petitioning parties, comprised of property
owners of not less than ten percent (10%) in value, according to the assessed valuation for
general taxation of the area to be annexed, notified the City Council of their intention to
commence the direct petition for annexation proceedings; and
WHEREAS, after a public meeting, it was determined that the petitioning owners
agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory
including the applicable zoning regulation relating thereto; and
WHEREAS, the King County Department of Assessments examined and verified the
signatures on the petition for annexation on or about April 5, 2018, and determined that
the signatures represent at least sixty percent (60%) of the assessed value (excluding
streets) of the area to be annexed, as required by RCW 35A.14.120; and
WHEREAS, the Department of Community and Economic Development of the City
of Renton considered and recommended that the City of Renton annex the properties; and
1
AGENDA ITEM #d) 9. a)
101MM MOM
WHEREAS, consistent with RCW 35A.14.130, the City Council set June 24, 2018, in
the City Council Chambers, City Hall, as the time and place for a public hearing on the
petition with notice as required by law; and
WHEREAS, pursuant to notice, the public hearing was held at the time and place
specified, and the City Council considered all matters in connection with the petition and
determined that all legal requirements and procedures applicable to the RCW 35A.14.120
petition method for annexation have been met; and
WHEREAS, a "Notice of Intention," including all required information for review of
the annexation, was transmitted to the King County Boundary Review Board and approved
as of October 29, 2018;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All requirements of the law in regard to the annexation by petition
method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It
is further determined that the petition for annexation to the City of Renton of the property
and territory described below is hereby approved and granted; the following described
property being contiguous to the city limits of the City of Renton is hereby annexed to the
City of Renton, and such annexation to be effective on and after the approval, passage, and
thirty (30) days after publication of this ordinance; and on and after said date the property
shall constitute a part of the City of Renton and shall be subject to all its laws and
ordinances then and thereafter in force and effect; the property being described as follows:
2
AGENDA ITEM #d) 9. a)
,.:. ►e►.ra►ral
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
herein
[The proposed 8-acre Wolf Woods Annexation is located at the northeastern
portion of the City limits. It is bordered by Northeast 20t" to the north, Nile
Avenue Northeast to the east, a parcel line in proximity of Northeast 18t" St
(if extended), and a parcel line near Ilwaco Avenue Northeast to the west.
The boundaries to the north, south, and west are coterminous with existing
City limits.]
and the owners of the property within the annexation shall be subject to the City's
Comprehensive Plan and Zoning Code.
SECTION II. This ordinance shall be effective upon its passage, approval, and
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.
A certified copy of this ordinance shall be filed with the King County Council, State
of Washington, and as otherwise provided by law.
PASSED BY THE CITY COUNCIL this day of 12019.
Jason Seth, City Clerk
APPROVED BY THE MAYOR this day of 12019.
Denis Law, Mayor
3
AGENDA ITEM #d) 9. a)
C9:I ►e►Oraffie1
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2054:1/2/19:scr
AGENDA ITEM #d) 9. a)
,.:. ►e►.ra►ra
EXHIBIT "A"
Wolf Woods Annexation
Lots 1, 2, 3, and 4 of King County Short Plat Number S91S0034, Recorded under Auditor's file number
199711209002, King County Records, King County Washington.
Together with Lots A and B of King County Boundary Line Adjustment Number LOSL0038, Recorded
under Auditors file number 20080826900005, King County Records, King County Washington.
Containing 354,765 square feet [8.114 acres] more or less.
5
Wolf Woods Annexation
Exhibit 1. Vicinity
Annexation Boundary
Pa reels
Cray Limits
6 ]75 156
AGENDA ITEM #d) 9. b)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE
ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF
RENTON FROM R-4 (URBAN RESIDENTIAL 4 DWELLING UNITS PER ACRE, KING
COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER
ACRE, CITY OF RENTON ZONING) (WOLF WOODS ANNEXATION, FILE NO. A-17-
002).
WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts — Uses and Standards, of
Title IV (Development Regulations) of the Renton Municipal Code, as amended, and the maps
and reports adopted in conjunction therewith, the property hereinbelow described has not been
zoned in the City of Renton; and
WHEREAS, property owners petitioned the City of Renton for annexation and concurrent
rezoning, which annexation having previously been approved and ordinance adopted which will
annex the property to the City of Renton, and the City having held two public hearings in the
matter of zoning, the first hearing being held on June 24, 2018, and the second hearing being
held on January 14, 2019, and the zoning being in conformity with the City's Comprehensive Plan,
as amended, and the City Council duly considered all matters relevant thereto, and all parties
were heard appearing in support or in opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The following described property in the City of Renton is hereby zoned to
R-4. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended
to evidence the rezoning and the Administrator of the Community and Economic Development
1
AGENDA ITEM #d) 9. b)
ORDINANCE NO.
Department is hereby authorized and directed to change the maps of the zoning ordinance, as
amended, to evidence the rezoning, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein.
[The property is located at the northeastern portion of the City limits. It is
bordered by Northeast 20t" to the north, Nile Avenue Northeast to the east, a
parcel line in proximity of Northeast 18t" St (if extended), and a parcel line near
Ilwaco Avenue Northeast to the west. The boundaries to the north, south, and
west are coterminous with existing City limits.]
SECTION II. This ordinance shall be effective upon its passage, approval, and 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 12019.
APPROVED BY THE MAYOR this
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2055:1/3/19:scr
Jason Seth, City Clerk
day of , 2019.
Denis Law, Mayor
2
ORDINANCE NO.
AGENDA ITEM #d) 9. b)
EXHIBIT "A"
Wolf Woods Zoning
Lots 1, 2, 3, and 4 of King County Short Plat Number S91S0034, Recorded under Auditor's file number
199711209002, King County Records, King County Washington.
Together with Lots A and B of King County Boundary Line Adjustment Number 1-081-0038, Recorded
under Auditor's file number 2008C826900005, King County Records, King County Washington.
Containing 354,765 square feet (8.114 acres) more or less.
3
Wolf Woods
Annexation Area
Exhibit A
Renton Zoning
Annexation Boundary
Parcels
City Limns
Proposed Ioning
- Residential - d fill/AC
c
r