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HomeMy WebLinkAboutCouncil 12/13/2009AGENDA RENTON CITY COUNCIL REGULAR MEETING December 13, 2010 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. APPEAL a. Planning & Development Committee report re: North Renton Professional Building Rebuild Permit INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requires that the City establish a process to handle appeals from application of environmental and developmental rules and regulations. The Renton City Council, feeling it was best for the elected representatives to handle the appeals rather than require citizens to go to court, has retained appellate jurisdiction to itself. The courts have held that the City Council, while sitting as an appellate body, is acting as a quasi-judicial body and must obey rules of procedure of a court more than that of a political body. By City Code, and by State law, the City Council may not consider new evidence in this appeal. The parties to the appeal have had an opportunity to address their arguments to the Planning & Development Committee of the City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns to the Planning & Development Committee, the City Council may not consider oral or written testimony at the City Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of open discourse provided to citizenry during the audience comment portion of the City Council meeting. However, this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by the quick, easy, inexpensive and local appeal process provided by the Renton City Council. 4. ADMINISTRATIVE REPORT /I Page 1 of 3 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 12/6/2010. Council concur. b. Mayor Law reappoints the following individuals to the Municipal Arts Commission for terms expiring on 12/31/2013: Fred Lund and Denise Zullig. Council concur. c. Finance and Information Technology Department recommends approval of an interlocal agreement with eCityGov Alliance regarding joint purchasing. Council concur. (See 8.a. for resolution.) d. Police Department requests approval to accept $8,700 in grant funds from the Washington State Traffic Safety Commission and to sign a memorandum of understanding to conduct high visibility enforcement traffic safety emphasis patrols. Council concur. e. Public Works Department submits CAG-10-044, 2010 Street Overlay with Curb Ramps, and requests approval of the project, final pay estimate in the amount of $403,483.85, commencement of a 60-day lien period, and release of retained amount of $55,298.45 to Lakeside Industries, contractor, if all required releases are obtained. Council concur. f. Transportation Systems Division recommends approval of an interlocal agreement with Central Puget Sound Regional Transit Authority (Sound Transit) regarding Wetland Permits and Mitigation for the Tukwila Longacres Station project. Council concur. (See 8.b. for resolution.) g. Utility Systems Division recommends approval of an interlocal agreement with King County regarding the acquisition of the Central Plateau Interceptor. Council concur. (See 8.c. for resolution.) 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Lease Addendum with Renton Housing Authority; Lease at 200 Mill Building with Clear Wireless; Lease Amendment with King County METRO b. Planning & Development Committee: 2010 Comprehensive Plan Amendment* c. Transportation (Aviation) Committee: Lease amendment with Renton Chamber of Commerce d. Utilities Committee: Westview Lift Station Upgrades Project Bid Award Page 2 of 3 8. RESOLUTIONS AND ORDINANCES Resolutions: a. Interlocal agreement with the eCityGov Alliance regarding joint purchasing. (See 6.c.) b. Interlocal agreement with Central Puget Sound Regional Transit Authority regarding the Tukwila Longacres Station project. (See 61.) c. Interlocal agreement with King County regarding the acquisition of the Central Plateau Interceptor (See 6.g.) Ordinances for first reading and advancement to second and final reading: a. 2010 amendments to the Comprehensive Plan (See 7.b.) b. Rezone of certain properties (SW Sunset Blvd.) from R-10, RM-F, and RC to IL; and from R- 10 to RM-F (#M-01) (See 7.b.) Ordinance for second and final reading: a. Transit Center Conduct Regulations (1st reading 12/6/2010) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7TH FLOOR CONFERENCING CENTER December 13, 2010 Monday, 6:00 p.m. Emerging Issues in Economic Development • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 3 of 3 CITY OF RENTON COUNCIL AGENDA BILL ` 1..0 , Subject/Title: Reappointments to Municipal Arts Commission: Mr. Fred Lund Ms. Denise Zullig Meeting: Regular Council - 13 Dec 2010 Exhibits: Submitting Data: Dept/Div/Board: N/A Executive Staff Contact: Denis Law, Mayor Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Mayor Law reappoints the following to the Municipal Arts Commission: Mr. Fred Lund, 408 Lind Avenue NW, Renton, WA 98057, for a term that expires on 12/31/13. Ms. Denise Zullig, 749 S. 25th Street, Renton, WA 98055, for a term that expires on 12/31/13. STAFF RECOMMENDATION: Concur in Mayor Law's reappointments of Fred Lund and Denise Zullig. CITY OF RENTON COUNCIL AGENDA BILL r Subject/Title: eCityGov Alliance Joint Purchasing Agreement (ILA) Meeting: Regular Council - 13 Dec 2010 Exhibits: Submitting Data: Dept/Div/Board: Interlocal Joint Purchasing Agreement Finance & Information Technology Resolution Staff Contact: Iwen Wang, Administrator Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ I City Share Total Project: $ SUMMARY OF ACTION: ISSUE Should the City enter into an Interlocal Joint Purchasing Agreement (the "ILA") to allow full particip of mutual cooperative purchasing activities by all eCityGov Alliance partners and subscribers? BACKGROUND SUMMARY The eCityGov Alliance was formed in 2001 by nine cities located in the Puget Sound region c Washington State. The cities came together to form an inter -local agency with a mission of providin web -based services to their constituents. The founding partners of the Alliance are the cities c Bellevue, Bothell, Issaquah, Kenmore, Kirkland, Mercer Island, Sammamish, Snoqualmie, an Woodinville. On June 8, 2009 the City joined eCityGov Alliance as a partner and is currently using the Shared Procurement Portal option of the Alliance. This ILA with the Alliance would also allow the City and other partners and subscribers to utilize each others contracts as long as the selection process are consistent with City's requirements and state laws. This would further the efficiency and allow the City to realize the full benefits of the Alliance. STAFF RECOMMENDATION: Approve the agreement and authorize the Mayor and City Clerk to execute the Interlocal Purchasing Agreement. INTERLOCAL. JOINT PURCHASING AGREEMENT eCityGov Alliance Partners and Subscribers THIS INTERLOCAL JOINT PURCHASING AGREEMENT ("Agreement") is by and between the jurisdictions who have executed this Agreement and filed such Agreement as required by Section 9 below, all public agencies under the laws of the State of Washington. WITNESSETH: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental agencies; and WHEREAS, pursuant to the Interlocal Cooperation Act, the following jurisdictions are "Partners" under that certain INTERLOCAL AGREEMENT ESTABLISHING ECITYGOV ALLIANCE dated July 15, 2005, as amended by, November 30, 2007, (the "Alliance Interlocal"): by the cities of Bellevue, Bothell Issaquah, Kenmore, Kirkland, Mercer Island, Sammamish, Snoqualmie and Woodinville, which Alliance Interlocal created the eCityGov Alliance (the "Alliance") to pursue efficiencies in delivering services, sharing services, purchasing and contracting, and creating economies of scale; and WHEREAS, the Partner jurisdictions may participate in mutual joint purchasing and property disposition pursuant to the terms of the Alliance Interlocal; and WHEREAS, certain other jurisdictions may become "Subscribers" to the services provided by the Alliance, but are not Partners or signatories to the Alliance Interlocal; and WHEREAS, it is the intent of the parties hereto to allow for mutual cooperative purchasing activities as further allowed herein by and among current and future Partners to the Alliance Interlocal and current and future Subscribers to the Alliance services; and . WHEREAS, it is the intent of the parties hereto that such mutual cooperation shall extend to any future Subscriber or Partner, so long as such future Subscriber or Partner also executes this Agreement, without need for an amendment to this Agreement executed by all existing parties; and WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their mutual interest; NOW, THEREFORE, the parties agree as follows: 1. PURPOSE: The purpose of this Agreement is to acknowledge the parties' mutual interest to jointly bid the acquisition of goods and services where such mutual effort can be planned in advance and to authorize the acquisition of goods and services and the purchase or acquisition of goods and services under contracts where a price is extended by either party's bidder to other governmental agencies. 2. ADMINISTRATION: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. 3. SCOPE: This Agreement shall allow the following activities: A. Purchase or acquisition of goods and services by any party acting as agent for any other party or parties when agreed to in advance, in writing; B. Purchase or acquisition of goods and services by each party where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract and/or where any party's bidder is willing to extend prices to other governmental agencies. 4. DURATION AGREEMENT — TERMINATION: This Agreement shall remain in force by and between the parties; provided that any party may cancel the Agreement with respect to such party in writing, whereafter the Agreement shall be terminated with respect to such party only. 5. RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the right to contract independently for the activities set forth in Section 3 without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. 6. COMPLIANCE WITH LEGAL REQUIREMENT: Each party accepts responsibility for compliance with federal, state or local laws and regulations including, in particular, bidding requirements applicable to the activities set forth in Section 3. 7. FINANCING: The method of financing of payment shall be through budgeted funds or other available funds of the party for whose use the property is actually acquired or disposed. Each party accepts no responsibility for the payment of the acquisition price of any goods or services intended for use by any other party. 8. FUTURE PARTIES: Future Subscribers to Alliance services and future Partners to the Alliance Interlocal may execute this Agreement in order to participate in the mutual purchasing activities described in Section 3. Upon such execution and filing as required in Section 9, this Agreement shall be applicable by and among such Alliance Subscriber or Partner and all existing parties hereto without the need for further amendments to this Agreement. 9. FILING: Executed copies of this Agreement shall be filed as required by Section 39.34.040 of the Revised Code of Washington prior to this Agreement becoming effective. It shall be the responsibility_ of future Partners or Subscribers pursuant to Section 8 above to file the Agreement prior to the Agreement becoming effective as to such future Partner or Subscriber only. In addition, an executed version of this Agreement shall be provided to the Alliance by each signatory upon execution. 10. INTERLOCAL COOPERATION DISCLOSURE: Each party may insert in its solicitations for goods a provision disclosing that other authorized governmental agencies may also wish to procure the goods being offered to the party and allowing the bidder the option of extending its bid to other agencies at the same bid price, terms and conditions. 11. NON-DELEGATION/NON-ASSIGNMENT: No party may delegate the performance of any contractual obligation to a third party, unless mutually agreed in writing. No party may assign this Agreement without the written consent of the other parties. 12. HOLD -HARMLESS: Each party shall be liable and responsible for the consequence 2 of any negligent or wrongful act or failure to act on the part of itself and its employees. No party assumes responsibility to any other party for the consequences of any act or omission of any person, firm or corporation not a party to this Agreement. 13. SEVERABILITY: Any provision of this Agreement that is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provision or affecting the validity or enforcement of such provisions. APPROVED Print Agency Name By: Signature Title Date Signed 3 APPROVED AS TO FORM Agency Attorney Signature CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH ECITYGOV ALLIANCE ENTITLED INTERLOCAL JOINT PURCHASING AGREEMENT. WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental agencies; and WHEREAS, pursuant to the Interlocal Cooperation Act, the following jurisdictions are "Partners" under an interlocal agreement ("Alliance- Interlocal") executed by the cities of Bellevue, Bothell Issaquah, Kenmore, Kirkland, Mercer Island, Sammamish, Snoqualmie and Woodinville, which Alliance Interlocal created the eCityGov Alliance (the "Alliance") to pursue efficiencies in delivering services, sharing services, purchasing and contracting, and creating economies of scale; and WHEREAS, certain other jurisdictions may become "Subscribers" to the services provided by the Alliance, but are not Partners or signatories to the Alliance Interlocal; and WHEREAS, the parties desire to utilize each other's procurement agreements when it R in their mutual interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with eCityGov Alliance entitled Interlocal Joint Purchasing Agreement. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2010. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney R ES.1488:12/ 1/10:scr Bonnie I. Walton, City Clerk day of 02010. 2 Denis Law, Mayor CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Washington State Traffic Safety Commission Gran Funds Meeting: Regular Council - 13 Dec 2010 Exhibits: Submitting Data: Dept/Div/Board: MOU - WA State Traffic Safety Commission Police Staff Contact: Commander Curry. Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $ 0 Amount Budgeted: $ 0 Revenue Generated: $ $8,700 Total Project Budget: $ 0 City Share Total Project: $ SUMMARY OF ACTION: The WA Traffic Safety Commission regularly authorizes funding to law enforcement agencies to conduct high visibility enforcement traffic safety emphasis patrols. For the Term of October 1, 2010 to September 30, 2011 they have authorized the following: Impaired Driving: $5,000 Speeding $2,500 Seat Belts $1,200 Renton Police Department intends to engage in high visibility enforcement patrols for all or part of the following: Holiday DUI Patrols November 25, 2010 to January 2, 2011 St. Patrick's Day DUI Patrols; March 11, 2011 Summer Kick-off DUI Patrols June 24, 2011- July 5, 2011 Drive Hammered Get Nailed Labor Day DUI Crackdown; August 19, 2011- September 5, 2011 Speeding - July 15, 2011 to August 7, 2011 Seat Belts - May 23, 2011 to June 5, 2011 STAFF RECOMMENDATION: Approve the proposed funding, and authorize the Mayor and City Clerk to sign the Memorandum of Understanding with the Washington Traffic Safety Commission. bate i�n�f n r= ti i(► dy1 :. �y MEMORANDUM OF UNDERSTANDING WASHINGtON TRAFFIC SAFETY COMMISSION THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the RENTON POLICE DEPARTMENT and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement agencies to conduct high visibility enforcement (HVE) traffic safety emphasis patrols, in support of Target Zero priorities and in accordance with the scope of work as outlined below, TERM: October 1, 2010 September 30, 2011. AMOUNTS Impaired Driving: $5,000.00 CFDA# 20.601 Speeding: $2,500.00 CFDA#: 20.600 Seat Belts: $1,200.00. CFDA # 20.602 These funds shall not be commingled and are only to be utilized for the specific emphasis area. IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. GOAL: To continue reducing traffic related deaths and serious injuries by engaging in HVE patrols in the areas of impaired driving, speeding and occupant protection 2. SCOPE OF WORK: Impaired Driving: RENTON POLICE DEPARTMENT will engage in HVE patrols for all or part of the following: Holiday DUI Patrols; November 25, 2010 — January 2, 2011 St. Patrick's Day DUI Patrols;. March 11, 2011 — March 20, 2011 Summer Kick -Off DUI Patrols; June 24, 2011 — July 5, 2011 Drive Hammered Get Nailed (DHGN) Labor Day DUI Crackdown; August 19, 2011 - September 5, 2011. Created: August 24, 2010 Page 1 of 6 These patrols shall occur In locations where the highest rate of fatality and serious injury collisions caused by impaired driving occur in your geographic area of the state and will not begin before 4:00 pm. Patrols will occur Friday -Sunday, with the exception of: Thursday, March 17, to cover the St. Patrick's Day holiday Thursday, November 25, to cover Thanksgiving, and Monday, July 4, to cover the 4th of July Holiday. Speeding: RENTON POLICE DEPARTMENT will engage in HVE patrols for all or part of the following: July 15, 2011 — August 7, 2011; these shall occur on the days, times and locations where the highest rate of fatality and serious injury collisions caused by speeding occur in your geographic area of the state. Seat Belts: RENTON POLICE DEPARTMENT will engage in HVE seat belt -focused patrols on some or all of the following dates: May 23, 2011 - June 5, 2011; these shall occur where the lowest rates of occupant protection use occur in your geographic area of the state. These patrols will not begin before 4:00 pm. RENTON POLICE DEPARTMENT agrees to take a zero tolerance approach to seat belt and child car seat violations. 3. CONDITIONS: For each of the emphasis patrols listed above, multi -jurisdictional, HVE protocols, as outlined in Addendum A of this document will be followed. These protocols are incorporated in their entirety to this document by reference. Exceptions to -these protocols may only be provided by the WTSC Program Director. These are enforcement activities intended to apprehend impaired drivers, speeding drivers and unbuckled vehicle occupants. It is expected that Notices of Infraction/Citation (NOI/C's) will be issued at contact unless circumstances dictate otherwise. Impaired Driving: RENTON POLICE DEPARTMENT shall ensure that officers participating in these patrols are trained in Standardized Field Sobriety Test (SFST) protocols and that officers assigned to the HVE campaigns are qualified to enforce the impaired driving laws. This means that officers are qualified to use "Standardized Field Sobriety Tests" specified by NHTSA/ IACP standard, and are qualified to use the state's Created: August 24, 20I0 Page 2 of 6 breath testing instruments. This requirement has been expanded, effective October 1, 2010, to include all enforcement activities funded by the WTSC. Speeding: Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the patrol. The Target Zero Manager will email the completed forms to juliefurlong(u.comcast.net. Seat Belts: Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the patrol. The Target Zero Manager will email the completed forms to iuliefurlong(a-comcast.net All of these patrols are conducted as part of highly publicized efforts. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. Therefore, RENTON POLICE DEPARTMENT must provide the names of at least two agency officers who can be available for media requests and questions. *At least one of the individuals listed below must be available for weekend media contacts, beginning at noon on Fridays before mobilizations: Na e/T'4tle e/Title CXe!'-5 �C��m►.wa.,csjc�! C c�o.� �.1 C,�e,r\�o�Wt� t�C�� Office Phone & e-mail Office Phone & e-mail Cell Phone Cell Phone Available weekends per above?* /Available weekends per above?* 4. PAYMENT FOR LAW ENFORCEMENT: RENTON POLICE DEPARTMENT will provide commissioned law enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime basis (not to exceed 1.5 times their normal salary and benefits) to participate in these emphasis patrols. 5. RESERVE OFFICERS: RENTON POLICE DEPARTMENT certifies that any reserve officer for whom reimbursement is claimed has exceeded his/her normal monthly working hours when participating in this emphasis patrol and is authorized Created: August 24, 2010 Page 3 of 6 to be paid the amount requested. RENTON POLICE DEPARTMENT understands that reserve officers are not eligible for overtime for this project. 6. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for work on this project providing RENTON POLICE DEPARTMENT has received prior approval from the WTSC Program Manager. 7. GRANT AMOUNT: WTSC will reimburse RENTON POLICE DEPARTMENT for overtime salary and benefits. The total cost of overtime and benefits shall not be exceeded in any one campaign area and funds may not be commingled between campaign areas. This allocation may be increased by your Target Zero Manager during these campaigns, without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50% of the original agreed amount. Any increase in allocation exceeding 50% will require an amendment to this document. Impaired Driving Campaign: $5,000.00 Speeding Campaign: $2,500.00 Seat Belt: $1,200.00 These funds shall not be commingled and are only to be utilized for the specific emphasis area. 8. PERFORMANCE STANDARDS: a. Participating law enforcement officers are required to have a minimum of 3 self -initiated contacts per hour of enforcement. b. Some violator contacts may result in related, time-consuming activity. This activity is reimbursable. c. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 9. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (Al 9-1A Form). 1) RENTON POLICE DEPARTMENT identified as the "Claimant"; 2) A Federal Tax ID #; and, 3) Original signature of the agency head, command officer or contracting officer. b. Payroll support documents (signed overtime slips, payroll documents, etc.). c. Emphasis Patrol Activity Logs showing 3 or more self -initiated contacts per hour. Emphasis Patrol Activity Logs cannot be modified. Created: August 24, 2010 Page 4 of 6 Payment cannot be made unless these activity logs are included. The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis Patrol Activity Logs shall be submitted to your Target Zero Manager for review. The Target Zero Manager will forward these documents to WTSC for processing and payment. 10. DEADLINES FOR CLAIMS: a. First Deadline: All claims for reimbursement for emphasis conducted from October 1, to June 30, must be received by WTSC no later than August 15. b. Second Deadline: All claims for reimbursement for emphasis conducted between July 1 and September 30 must be received by WTSC no later than November 15. Requests for reimbursement received after these dates will not be honored by the WTSC. WTSC will NOT accept or pay faxed copies of any claims. 11. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from RENTON POLICE DEPARTMENT, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. 12. TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 13. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. (Agency) J �o- aao (Date) (Washington Traffic Safety Commission) (Date) Created: August 24, 2010 Page 5 of 6 Please return. TWO original signed MOU's to your Target Zero Manager by November 9, 2010. Cesi Velez Target Zero Manager -- South King County Kent Police Department 220 4Ih Ave, S. Kent, WA 98032 Created: August 24, 2014 Page 6 of 6 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: CAG #10-044 2010 Street Patch and Overlay with Curb Ramps Contractor: Lakeside Industries Meeting: Regular Council - 13 Dec 2010 Exhibits: Submitting Data: Dept/Div/Board: Final Pay Estimate Public Works Notice of Completion Staff Contact: Jayson Grant, Project Manager (x 7400) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $403,483.85 Transfer Amendment: $ N/A Amount Budgeted: $ $1,343,500.00 Revenue Generated: $ -0- Total Project Budget: $ $1,343,500.00 City Share Total Project: $ SUMMARY OF ACTION: The project started on July 01, 2010, and was completed on November 16, 2010. The original contract amount was $809,772.11 with the final contract amount being $1,113,954.33. The increased cost of $304,182.22 was due to one change order along with the addition of more roadway. The Utilities Division had a project in Earlington Hills that provided several roads with new pavement. Change Order #1 ($115,365.57) provided the overlay for the four remaining roads, which completed the entire Earlington Hills area. The remaining cost extended the East Valley Road 670 feet north. Of the $1,113,954.33 final contract amount the Street Overlay Program pays $763,454.33 and Arterial Rehabilitation Program pays $350,500. STAFF RECOMMENDATION: Accept completion of the project, authorize payment of the final pay estimate in the amount of $403,483.85, and release retainage for the full project in the total amount of $55,298.45, after 60 days and subject to the required authorization. TO: FINANCE DIRECTOR FROM: TRANSPORTATION SYSTEMS DIRECTOR CONTRACTOR: Lakeside Industries CONTRACT NO. CAG 10-044 ESTIMATE NO. 3 Final PROJECT: 2010 STREET PATCH AND OVERLAY WITH CURB RAMPS 1. CONTRACTOR EARNINGS THIS ESTIMATE $424,719.84 2. SALES TAX @ 9.50% $0.00 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $424,719.84 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $647,186.72 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $403,483.85 6. SUBTOTAL- CONTRACTOR PAYMENTS $1,050,670.57 7. RETAINAGE ON PREVIOUS EARNINGS $34,062.46 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $21,235.99 9, SUBTOTAL - RETAINAGE $55,298.45 10. SALES TAX PREVIOUSLY PAID $7,985.31 11. SALES TAX DUE THIS ESTIMATE $0.00 12, SUBTOTAL - SALES TAX $7,985.31 * (95%xL.INEI) ** (RETAINAGE: 5%) GRAND TOTAL: $1,113,954.33 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): Transportation -Street Overlay ACCOUNT 17121081009.0018.0002 Transportation -Arterial Rehabilitation ACCOUNT 17121861009.0018.0002 RETAINED AMOUNT (Line 8): Transportation -Street Overlay ACCOUNT 17121081009.0018.0002 Transportation -Arterial Rehabilitation ACCOUNT 17121861009.0018.0002 SIGNATURES: $198,919.35 #3 $204,564.50 #3 $10,469.44 #3 $10,766.55 #3 $424,719.84 TOTAL THIS ESTIMATE: $424,719.84 0.95 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM SIGNED: Email or Mall t0 both: Washington State Department of Revenue Works Section PO Box 47474 Washington State De artment of Labor and Industries PPublic Contract Release aPO Box 44274 Olympia WA 985D4-7474 Olympia, WA 98504-4272 FAX (360)664-4159 FAX (360)902.6897 PWC O dor wa.gov ContractRelease 0Ini.wa.gov NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT City of Renton Attn: Natalie Wissbrod 1055 S Grady Way Renton, WA 98057 Contractor's UBI Number: 601 106 847 Date: (Assigned to: Assigned: Notice is hereby liven relative to the completion of contract or project described below 11/22/2010 Project Name Contract Number FCAG-10-W Job Order Contracting 2010 Street Patch and Overlay with Curb Ramps ❑ Yes ❑ No Description of Work Done/Include Jobsite Address(es) Patching,Grinding,Overlay, Utility Adjustments and Channelization. Contractor's Name Teleph one Number Lakeside Industries (253) 631-3611 Contractor Address 18808 S.E. 257th Street Covington, WA 98042 If Retainage is Bonded, List Surety's Name (or attach a copy) Travelers Casualty and Surety Company of America Surety Agent's Address 1501 Fourth Ave, #400 Seattle Wa 98101 Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted 06/14/2010 07/01/2010 111/16/2010 111/16/2010 Contract Amount Additions ( + ) Reductions (- ) Sub -Total Amount of Sales Tax Paid at 9.500% (if various rates apply, please send a breakdown) TOTAL Please List all Snbcontractors Below: 809,772.11 296,196.91 1,105,969.02 Liquidated Damages $ 0.00 Amount Disbursed $ 1,058,655.88 Amount Retained $ 55,298.45 $ 7,985.31 $ 1,113,954.33 TOTAL $ 1,113,954.33 NOTE: These two totals must be equal Subcontractor's Name: UBI Number: Affidavit ID (if known) PR Systems 601 303 110 Northwest Traffic 602 140 049 Trans Tech 601 617 500 Cascade Channel 601 426 821 Salinas Construction 600 316 188 F215-038-000 10-2010 REV 31 0020e (10/11/10) Continued on page 2 Please List all Subcontractors Below: Subcontractor's Nae: UBI Number: Affidavit ID (if known) Contact Name: Jayson Grant Title: Pavement Management Tech Email Address: jgrant@rentonwa.gov Phone Number: 1 (425) 430-7400 Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form to both DOR & L.&I. DOR will forward copies of the form to Employment Security. For assistance with any questions, please contact: D.O.R (360) 725-7588 pwc@dor.wa.gov L&I (360) 902-4754 contractrelease@lni.wa.gov E.S.D (360) 902-9780 publicworks@esd.wa.gov .,r tax assistance or to request this document in an alternate format, visit http://dor.wa.gov or call 1-800-647-7706. Teletype (TTY) users may call (360) 705-6718. F215-038-000 10-2010 REV 31 0020e (10/11/10) e, C.O. #1 CITY OF RENTON Page 1 of 1 Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: 2010 Street Patch and Overlay with Curb Ramps CA_G 10-044 Ci t y OF RENTON CONTRACTOR: Lakeside Industries SUMMARY OF PROPOSED CHANGE: O C i "" 2 0 2010 Reason/Justification: There is a utility project on Eadington Hill that will pave most of the streets there. The Overlay Contrail has left over moneyand will pave the remain streets on Eadin ton Hill that are in need for paving. RECEIVED Pa n9 9 p g CITY CLERK'S OFFICE Item No. Approx Quantity Units Description Unit Price Amount Sch B #3 287 TON HMA 1/2 in .PG 64-22 OVERLAY $64.00 $18,368.00 Sch B #5 3004 SQ YD. Pavement Excavation incl. Haul $8.75 $26,285.00 Sch B #6 686 TON HMA For Pavement Repair 6" Pat $75.00 $51,450.00 Sch B #8 2 EACH Adjust Manhole $340.00 $680.00 Sch B #9 7 EACH Adjust Water Valve $195.00 $1.365.00 Sch B #12 14 EACH 4" Raised Type 1, Yellow $1.57 $21.98 Sch B #13 2 EACH 4" Raised Type 2d, Yellow $3.77 $7.54 Sch B # 16 3 EACH 4" Raised Type 2b, Blue $7.00 $21.00 Sch B # 17 40 LIN. FT. Plastic Crosswalk $2.57 $102.80 Sch B # 18 25 LIN. FT. 18" Plastic Sto bar $2.57 $6425 Contract Change: Add streets that need paving. There will be some additional increases in quantities for Hot Mix Asphalt ,Patching, Channiiization and Utility Adjustment at contract prices for a total of $98,365.57. y Item yVvApprox Units Description Unit Price Amount No. Quantity Sch B #42 1 LS Additional Mobilization $S,D00.00 $5,000.00 Sch B #43 1 LS Additional Traffic Control $10,000.00 $10,000.00 Sch B # 44 1 LS Additional Erosion and Sediment Control $1,000.00 $1,000.00 Sch B # 45 1 LS Additional Finish and Cleanup $1.000.00 $1 000.00 Additional cost for increases is other quantities in Contract Change above: $ 98,365.57 Total for this change order. $115,365.57 NI work materials and measurement to be in accordance with the provisions of lire Standard Specifications and Special Provisions forthe type of conshuction involved. Om� CONTRACT CURRENT CONTRACT ESTIMATE NET CHANGE EST"ATED CONTRACT AMOUNT AMOUNT TMLS ORDER TOTAL AFTER CHANGE $809,772.11 $809,772.11 $115,365.57 $925,137.68 Working Days: Fve(5) additional working days are granted for the increased work due to this change SIGNATURES: Contractor. Project Manager. 7- Approved By. ( Transportation Design Engineer) Approved By. Date: Date: % p ) `jQ� 2.0 i C' Date: Date:- /.a�� CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Interlocal Agreement with Sound Transit Regarding Wetland Permits and Mitigation for the Tukwila Longacres Station Project Meeting: Regular Council - 13 Dec 2010 Exhibits: Submitting Data: Dept/Div/Board: Sound Transit Agreement Public Works Resolution Staff Contact: Bob Hanson, Design Supervisor (extension 7223) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ $20,000 Total Project Budget: $ $13 M (2010 budget) City Share Total Project: $ SUMMARY OF ACTION: This agreement with Sound Transit is to describe the conditions under which the City will modify and obtain wetland permtis for the Strander Blvd. Project and Sound Transit's Tukwila Longacres Station Project, provide mitigation credits from the Springbrook Mitigation Bank necessary to offset the wetland and buffer impacts of the Tukwila Longacres Station Project, and the terms and conditions under Sound Transit will reimburse the City for satisfactory performance of these commitments. STAFF RECOMMENDATION: Approve an Interlocal Agreement with Sound Transit Regarding the Wetland Permits and Mitigation for the Tukwila Longacres Station Project and present the resolution for reading and adoption. INTERLOCAL AGREEMENT BETWEEN THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF RENTON REGARDING WETLAND PERMITS AND MITIGATION FOR THE TUKWILA LONGACRES STATION PROJECT THIS Agreement is made this day of , 2010 between the Central Puget Sound Regional Transit Authority (hereinafter referred to as "SOUND TRANSIT" or "ST") and the City of Renton, a municipal corporation ("Renton" or "City"). RECITALS WHEREAS, Sound Transit plans to construct a new permanent Tukwila Commuter Rail Station along the Burlington Northern Santa Fe Railway (BNSF) tracks ("Tukwila Longacres Station") to. improve access for passengers on Sound Transit's Sounder Commuter Rail Service between Tacoma and Everett; and WHEREAS, it is anticipated that Sound Transit and the City will negotiate and execute a separate agreement in which Sound Transit will commit funding for the Strander Project and work with the City to provide access from the Tukwila Longacres Station to Strander Blvd.; and WHEREAS, as part of implementing the Tukwila Longacres Station project, Sound Transit must permit and mitigate certain wetland and wetland buffer impacts; and WHEREAS, the City has previously obtained US Army Corps of Engineers and Department of Ecology permits, plans to obtain a City of Tukwila permit, and has purchased mitigation bank credits for wetland and buffer impacts for the City's Strander Blvd. Project, which is in the same area as the Tukwila Longacres Station project; and WHEREAS, the City's permits for the Strander Blvd. Project may expire if the City does not begin work under those permits; and WHEREAS, the City is willing to allow Sound Transit to construct permitted wetland fill on the City's behalf in order to extend the life of those permits and to save Sound Transit the time and money required to obtain separate permits and construct a separate mitigation project. NOW THEREFORE, the parties enter into this Agreement as provided herein. 1. PURPOSE The purpose of this Agreement is to describe the conditions under which the City will modify and obtain wetland permits for the Strander Blvd. Project and Sound Transit's Tukwila Longacres Station Project, provide mitigation credits from the Springbrook Mitigation Bank necessary to offset the wetland and buffer impacts of the Tukwila Longacres Station Project, and the terms and conditions under which Sound Transit will reimburse the City for satisfactory performance of these commitments. 2. COOPERATION AND GOOD FAITH EFFORTS 2.1 Both parties acknowledge that the success of the regional transportation program requires their willingness to work collaboratively to achieve the goals and objectives articulated in this Agreement. The Parties understand and agree that the process described in this Agreement depends upon timely and open communication and cooperation between the Parties. In this regard, communication of issues, changes, or problems that arise with regard to any aspect of the work should occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each party agrees to work cooperatively and in good faith toward resolution of any such issues. 3. GENERAL FUNDING APPROACH 3.1 Permitting Costs. Sound Transit shall provide the City reimbursement for the actual costs associated with modifying or obtaining wetland permits to cover wetland and buffer impacts from the Tukwila Longacres Station Project in one lump sum payment for a total amount of up to but not to exceed a maximum amount of Twenty Thousand dollars ($20,000.00). The City shall provide Sound Transit with an invoice documenting its actual costs for modifying existing Strander Blvd. permits and obtaining new wetland permits, as provided in this Agreement. Sound Transit agrees to pay the invoice within thirty (30) days of receipt of a properly supported invoice as provided in Section 5.3. 3..2 Mitigation Bank Credits. Sound Transit shall provide the City with reimbursement for allocation of the number of mitigation credits from the Springbrook Mitigation Bank necessary to cover impacts to wetlands and buffers from the Tukwila Longacres Station project according to the ratios and cost per credit described in the Springbrook Mitigation Banking Instrument, in one lump sum payment for a total amount of up to but not to exceed a maximum amount of One Hundred Twenty Thousand dollars ($120,000.00). As described in the Springbrook Mitigation Banking Instrument, the Bank credits were developed to compensate at a 0.85:1 ratio for impacts to Category III wetlands. The total cost per credit at the Springbrook Bank is $636,000.00. The City shall provide Sound Transit with written documentation or certification of the mitigation bank ledger showing that mitigation credits have been released from the Springbrook Mitigation Bank to mitigate the impacts to Category III wetlands from the Tukwila Longacres Station project. Sound Transit agrees to pay the lump sum amount referenced in this Section within thirty (30) days of receipt of the documentation described herein. 3.3 Funding Principles. The Parties agree that the following principles apply to this Agreement and any subsequent funding agreement executed by the parties: (1) Sound Transit shall not be obligated to reimburse the City if the City is unable to fulfill its 2 obligations for modifying existing permits and obtaining new permits to cover the Tukwila Longacres Station Project as described under this Agreement; and (2) Sound Transit shall not be obligated to reimburse the City for permitting costs that the City would otherwise have incurred for the permitting of the Strander Blvd. Project. 3.4 Relation to City's Strander Blvd. Project. Both parties understand and agree that the allocation of Springbrook Mitigation Bank credits to the Tukwila Longacres Station Project is directly related to construction of the BNSF bridge portion of the City's Strander Blvd. Project. If the BNSF bridge portion of the Strander Blvd. Project is not completed as currently contemplated, the Parties acknowledge that further coordination with the Army Corps of Engineers would be necessary to determine if the permitting and mitigation contemplated under this Agreement remains feasible. 4. ' SCOPE AND SCHEDULE 4.1 Renton Wetland Permitting Responsibilities. The City shall obtain modifications to the existing Strander Blvd. permits and obtain a new permit from the City of Tukwila to accommodate the wetland and buffer impacts identified by Sound Transit for the Tukwila Longacres Station project. The specific permits and/or approvals to be modified or obtained include the following: 1. Modification to Corps section 404 permit (#NWS-2007-35) 2. Modification to Ecology section 401 permit (#6224) 3. Sensitive Areas Special Permission from the City of Tukwila for wetland and/or buffer impacts The City will also pursue a Jurisdictional Determination from the City of Tukwila for all wetlands on the Tukwila Station site. These include wetlands N, O, P, and S as described in the Wetland Technical Discipline Report completed in 2004 for the Strander Boulevard Extension Project and in the Tukwila Commuter Rail Station NEPA Environmental Assessment completed in January 2009. The City shall be responsible for obtaining any and all.agency approvals necessary to allocate Springbrook Mitigation Bank Credits for the Tukwila Longacres Station project impacts. 4.2 Sound Transit Wetland Permitting Responsibilities: Sound Transit will provide CAD files showing the final wetland and buffer impacts that will result from construction of the Tukwila Station project to support the City's permitting effort. Sound Transit will be responsible for compliance with the applicable terms and conditions related to the Tukwila Longacres Station project impacts in the modified Corps and Ecology permits and the new Tukwila Sensitive Areas Special Permission permit. 4.3 Schedule for Completion of Wetland Permitting. The City shall complete all applications for permit modifications and new permits for review by Sound Transit within thirty (30) days of the execution of this Agreement. Sound Transit shall review all permit applications and provide comments to the City within fourteen (14) days of receipt. The City shall then make changes to the applications as needed and submit the applications to the appropriate permitting agencies within twenty-one (21) days of receiving comments from Sound Transit. 5. GENERAL TERMS The following general terms are applicable to this Agreement. 5.1 Indemnification. To the extent permitted by law, the Parties to this Agreement shall protect, defend, indemnify, and save harmless the other Parry, and its officers, officials, employees, and agents, while acting within the scope of their employment, from any and all costs, claims, demands, judgments, damages, or liability of any kind including injuries to persons or damages to property, which arise out of, or in any way result from, or are connected to, or are due to any acts or omissions of the indemnifying Party. No Party shall be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the Party seeking indemnification. Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence. Each Party agrees that its obligations under this indemnification section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. In the event of any claims, demands, actions and lawsuits, the indemnifying Parry upon prompt notice from the other Parry shall assume all costs of defense thereof, including legal fees incurred by the other parties, and of all resulting judgments that may be obtained against the other Party. This indemnification shall survive the termination of this Agreement. 5.2 Payment of Contributions. Sound Transit's funding contributions shall be made upon the satisfactory completion of actual work performed as completed and described under this Agreement. Sound Transit shall not transfer nor be obligated to transfer any funds -in advance of the completion of the actual work described in this Agreement. 5.3 Invoices. All invoices, required reports, and supporting documentation of the actual costs associated with the modifying or obtaining permits as provided in this Agreement shall be submitted to: Sound Transit, Accounts Payable, 401 South Jackson, Seattle, Washington 98104-2826. Invoices shall bear the name and address of the parry's Designated Representative, and reference this Agreement. Invoices shall be properly completed and accompanied with the certification of completeness and other documentation as required by Sound Transit. Sound Transit reserves the right to withhold payments pending timely delivery and proper completion of the reports or documents as may be required under this Agreement. 4 5.4 Reports and Documentation. Sound Transit may require other financial documents, to verify that the expenditures are related to the Project work funded by this Agreement, including, but not limited to, (1) work statements or payroll records, (2) invoices for materials and supplies, (3) statements from professionals for services rendered, (4) certification by the City of materials and services satisfactorily rendered, and (5) an itemized listing of the charges supported by copies of original bills, invoices, expense accounts, and miscellaneous supporting data retained by the City. The City shall provide any plans, specifications, accounting records or other documents needed to satisfy requests from federal funding agencies for information to comply with Sound Transit's funding requirements. 5.5 Availability of Records. All Project records in support of all costs incurred and actual expenditures kept by the City and its contractor shall be open to inspection. by Sound Transit or its federal funding agency during normal business hours, and shall be retained and made available for such inspection for a period of not less than six (6) years from final payment of funds under this Agreement to the City. Copies of said records shall be furnished to Sound Transit and/or its federal funding agency upon request. This requirement shall be included in all subcontracts related to the work entered into by the City to fulfill the terms of this Agreement. 5.6 Audit. If an audit is requested by Sound Transit or its federal funding agency, the City shall cooperate fully with the auditor chosen by Sound Transit or the federal funding agency. If an audit is required, the City will provide documentation of all costs incurred on the Project. In the event that Sound Transit has paid in excess of its final funding commitment under this Agreement, the excess amount will be repaid to Sound Transit within thirty (30) days of the conclusion of the audit. 5.7 Contract Administration. To fulfill its respective responsibilities under this Agreement, each Party shall be solely responsible for the administration of and the completion and quality of work performed under any contracts executed by the Party. In no event shall any contract executed by a Party be construed as obligating the other Party or Parties to this Agreement. Any .claims arising out of the separate contracts of each Party for work under this Agreement are the sole responsibility of the Party executing and administering such separate contracts. All contracts shall comply with all applicable public works and procurement laws and regulations, including, but not limited to, applicable bonding, prevailing wage, nondiscrimination, retainage, insurance, and workers compensation requirements. 5.8 Dispute Resolution. The Parties will work collaboratively in accordance with the following steps to resolve disagreements arising from activities performed under this Agreement. Disagreements will be resolved promptly and at the lowest level of authority. The Designated Representatives shall use their best efforts to resolve disputes and issues arising out of or related to this Agreement. Each Designated Representative shall notify the other in writing of any problem or dispute the Designated Representative believes needs formal resolution. This written notice shall include: (1) a description of the issue to be resolved; (2) a description of the difference between the Parties on the issue; and (3) a summary of 5 steps taken by Designated Representative to resolve the issue. In the event the Designated Representatives cannot resolve the dispute within fourteen (14) days of receipt of the notice, the Sound Transit Chief Executive Officer or his/her designee and the Mayor of Renton or her/his designee shall engage in good faith negotiations to resolve the dispute. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. If any applicable statute of limitations will or may run during the time that may be required to exhaust the procedural steps set forth above, the Parties agree to seek an order to suspend any proceeding filed in a court of law while the procedural steps set forth above are satisfied. 6. TERMINATION FOR DEFAULT 6.1 Either Parry may terminate this Agreement, in whole or in part, in writing, if the other Parry substantially fails to fulfill any or all of its obligations under this Agreement through no fault of the other party, provided that insofar as practicable, the Parry terminating the Agreement will provide: (1) Written notice of intent to terminate at least thirty (30) days prior to the date of termination stating the manner in which the other Parry has failed to perform the obligations under this Agreement; and (2) An opportunity for the other Party to cure the default within at least thirty (30) days of notice of the intent to terminate. In such case, the Notice of Termination will state the time period in which cure is permitted and any other appropriate conditions. 6.2 If the other parry fails to remedy the default or the breach to the satisfaction of the other Party within the time period established in the Notice of Termination or any extension thereof, granted by the Parry not at fault, this Agreement shall be deemed terminated. 7. GENERAL LEGAL PROVISIONS 7.1 Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement shall be brought in King County Superior Court. 7.2 No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed to create an employment relationship between the City and any employee, agent, representative or contractor of Sound Transit. 7.3 No Agency. No separate entity is created by this Agreement. No joint venture or partnership is formed as a result of this Agreement. No employees, agents or subcontractors of one party shall be deemed, or represent themselves to be, employees of the other party. 7.4 No Third Party Rights. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the Parties. 0 7.5 Severability. If any of the terms and conditions of this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining terms and conditions unaffected thereby shall remain in full force and effect. 7.6 Designated Representatives. The Designated Representatives for the City of Renton shall be the City's Planning/Building/Public Works Administrator. The Sound Transit. Designated Representative shall be the Sound Transit Projects and Construction Management Deputy Director. The parties may unilaterally change their Designated Representatives by sending written notice to the other party as provided in Section 7.7. 7.7 Notices. All notices to be provided under this Agreement shall be in writing and shall be hand -delivered or sent by US Mail, and shall be deemed received upon delivery or, in the case of notice sent by mail, five (5) days after deposit in the US Mail. Notices to the City shall be sent to the following address: City of Renton clo Transportation Systems Division P Floor — Renton City Hall 1055 South Grady Way 5' Floor — Renton City Hall Renton, WA 98055-7 Notices to Sound Transit shall be sent to the following address: Sound Transit clo Department of Design Engineering and Construction Management 401 S. Jackson Seattle, WA 98104 7.8 Calculation of Time. Time is of the essence in every provision of this Agreement. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. 7.9 Entire Agreement. This Agreement, including its Recitals and Exhibits, embodies the Parties entire Agreement on the matters covered by it, except as supplemented by subsequent amendments to this Agreement. All prior negotiations and draft written agreements are merged into and superseded by this Agreement. 7.10 Execution of Agreement. This Agreement may be executed in two (2) counterparts, any one of which shall be regarded for all purposes as one original. IN WITNESS WHEREOF, the Parties hereto hereby agree to the terms and conditions of this Agreement as of the date first written above. 7 For the City of Renton: By: Title: Mayor Approved as to Form: For Sound Transit: By: Joan M. Earl Title: Chief Executive Officer Approved as to Form: By: By: Title: Renton Legal Counsel Title Attest: By: Title: Renton City Clerk 0 Stephen G. Sheehy Sound Transit Legal Counsel 0 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY REGARDING WETLAND PERMITS AND MITIGATION FOR THE TUKWILA LONGACRES STATION PROJECT. WHEREAS, the Central Puget Sound Regional Transit Authority (hereinafter referred to as "Sound Transit") plans to construct a new permanent Tukwila Commuter Rail Station along the Burlington Northern Santa Fe Railway (BNSF) tracks ("Tukwila Longacres Station") to improve access for passengers on Sound Transit's Sounder Commuter Rail Service between Tacoma and Everett; and WHEREAS, it is anticipated that Sound Transit and the City will negotiate and execute a separate agreement in which Sound Transit will commit funding for the Strander Project and work with the City to provide access from the Tukwila Longacres Station to Strander Blvd.; and WHEREAS, as part of implementing the Tukwila Longacres Station project, Sound Transit must permit and mitigate certain wetland and wetland buffer impacts; and WHEREAS, the City has previously obtained US Army Corps of Engineers and Department of Ecology permits, plans to obtain a City of Tukwila permit, and has purchased mitigation bank credits for wetland and buffer impacts for the City's Strander Blvd. Project, which is in the same area as the Tukwila Longacres Station project; and WHEREAS, the City's permits for the Strander Blvd. Project may expire if the City does not begin work under those permits; and 1 RESOLUTION NO. WHEREAS, the City is willing to allow Sound Transit to construct permitted wetland fill on the City's behalf in order to extend the life of those permits and to save Sound Transit the time and money required to obtain separate permits and construct a separate mitigation project; and WHEREAS, it is necessary to document the terms and conditions under which the City allows Sound Transit to construct permitted wetland fill on the City's behalf; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION 1. The above recitals are found to be true and correct in all respects. • SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Sound Transit regarding wetland permits and mitigation for the Tukwila Longacres Station project. PASSED BY THE CITY COUNCIL this day of , 2010. APPROVED BY THE MAYOR this Bonnie I. Walton, City Clerk day of 12010. Denis Law, Mayor 2 Approved as to form: Lawrence J. Warren, City Attorney RES.1487:11/30/10:scr RESOLUTION NO. 3 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Agreement with King County rearding Acquisition of the Central Plateau Interceptor Exhibits: Agreement Resolution Recommended Action: Council Concur Meeting: Regular Council - 13 Dec 2010 Submitting Data: Dept/Div/Board: Public Works Staff Contact: Dave Christensen, Wastewater Utility Supervisor, x7212 Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ $549,067.66 Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: The Wastewater Utility has come to agreement with King County Wastewater Treatment Division to transfer the City's Central Plateau Interceptor to the county to own, operate, and maintain. The county has further agreed to reimburse the City its full cost of design and construction of the interceptor in the amount of $549,067.66. This facility was initially constructed by the City, but upon further analysis by the City and county it has been determined that this facility meets the county's requirements for ownership as it serves a natural drainage basin greater than 1,000 acres. In accordance with our contract with the county and the policies of King County, the county will accept ownership of the facility and provided full restoration of the costs to the City. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the agreement with +he King County regarding the Acquisition of the Central Plateau Interceptor and adopt the Resolution. AGREEMENT BETWEEN KING COUNTY AND CITY OF RENTON REGARDING ACQUISITION OF THE CENTRAL PLATEAU INTERCEPTOR THIS AGREEMENT ("Agreement"), made as of the day of November, 2010, between City of Renton, a municipal corporation of the State of Washington, hereinafter referred to as the "the City" and King County, a political subdivision of the State of Washington, hereinafter referred to as. "the County" (referred to individually as a "Party" and collectively as the "Parties"). I. RECITALS WHEREAS, the Parties have entered into a long-term agreement for sewage disposal dated , as amended, hereinafter referred to as the "Basic Agreement"; and WHEREAS, the Basic Agreement defines those facilities that should be part of the Metropolitan Sewerage System as those which serve a natural drainage area of one thousand acres or more; and WHEREAS, in 2006 the City constructed the Central Plateau Interceptor, an 18- inch sewer main that connects to the existing Cedar River Trunk Line, continues northerly up 154th Avenue SE, across the new Elliott Bridge, and splits into two 15-inch lines approximately 1200 feet north of the bridge, together with any and all related facilities, including without limitation, manholes, vents, ducts, vaults, odor control facilities and other necessary and convenient equipment and appurtenances (collectively referred to herein as the "Interceptor"); and WHEREAS, the Metropolitan King County Council, on November 30, 1999, adopted the Regional Wastewater Services Plan (RWSP) and the plan, as amended, . contains uniform criteria to be used throughout the County's wastewater service area for determining the ownership, operation and financing of interceptor and trunk sewers; and WHEREAS, the Interceptor meets all criteria established by the RWSP for inclusion in the County's metropolitan sewerage system; and WHEREAS, the City now desires that the County assume ownership of and responsibility for the operation, maintenance, repair and replacement of the Interceptor; aDd WHEREAS, reimbursement to the City for the cost of constructing the Interceptor has been determined in accordance with King County Code 28.84:080; NOW THEREFORE, it is hereby agreed as follows: Page 1 of 4 II. PURPOSE The purpose of this Agreement is to provide for the transfer of ownership of the Interceptor from City to County and specify the amount City will be reimbursed for the Interceptor. III. CONVEYANCE OF THE CENTRAL PLATEAU INTERCEPTOR TO THE COUNTY Within 30 days from the date of this Agreement the City shall grant County a bill of sale, substantially in the form attached hereto as Exhibit A, for the Interceptor, warranting title thereto in County. From and after the effective date of the bill of sale, County shall own and have the sole responsibility to operate, maintain, repair and replace the Interceptor from the existing Cedar River Trunk Line at the City's MH R10-52, traveling northerly for approximately 2,200 feet as described and depicted in Exhibit B, attached hereto and incorporated herein by this reference. IV. WARRANTY City warrants that the Interceptor was constructed in a good and workmanlike manner and is free from any defect in equipment, material, design, or workmanship at the time of transfer to County. V. CITY REIMBURSEMENT Following conveyance of the Interceptor to the County, the County shall reimburse City for the cost incurred to construct the interceptor. The cost is determined to be $549,067,66. Said reimbursement shall be made in a single payment no later than 20 days after City's transfer of the Interceptor to County via the attached bill of sale. VI. BASIC AGREEMENT UNCHANGED All provisions of the Basic Agreement shall remain in full force and effect as written therein. VIL TERMINATION This Agreement.shall terminate upon fulfillment of the obligations of the Parties to one another. The warranty provision in Section IV shall survive the termination of this Agreement for any reason. Page 2 of 4 VIII. DISPUTES If a dispute arises between the City and the County, the Parties agree that they will attempt to resolve the issues through mutual negotiation. In the event the Parties are not able to reach an agreement through such negotiation, the Parties agree to engage in mediation in order to resolve the dispute. Mediation may be requested by either party, and shall be attempted prior to the institution of any lawsuit arising under this Agreement. The Parties agree to share the costs of mediation equally, Both Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of Washington and that the venue of any action brought hereunder shall be Seattle, Washington. IX. CHANGES AND MODIFICATIONS Either party may request changes, amendments, or additions to any portion of this Agreement; however, except as otherwise provided in this Agreement, no such change, amendment, or addition to any portion of this Agreement shall be valid or binding upon either party unless it is in writing and signed by personnel authorized to bind each of the Parties. All amendments shall be made part of this Agreement. X. ENTIRE AGREEMENT These provisions represent the entire agreement of the parties and may not be modified or amended except as provided herein. Any understanding, whether oral or written, which is not incorporated herein is expressly excluded. XI. NO THIRD PARTY BENEFICIARY Nothing in this Agreement shall be construed to create any rights in or duties to any third party, nor any liability to or standard of care with reference to any thud party, This Agreement shall not confer any right or remedy upon any person other than the Parties hereto. This Agreement shall not release or discharge any obligation or liability of any third party to either Party herein, XH. AUTHORITY The individual signing this Agreement on behalf of the City of Renton represents and warrants that he or she has the authority to enter into this Agreement on behalf of the City and to bind the City -to the teams and conditions contained herein. The individual signing this Agreement on behalf of the County represents and warrants that he or she has the authority to enter into this Agreement on behalf of the County and to bind the County to the terms and conditions contained herein. Page 3 of 4 IN WITNESS WHEREOF, the Parties hereto have executed this. Agreement as of the day and year first written above. KING COUNTY ' CITY OF R.ENTON TITLE TITLE DATE DATE Page 4 of 4 Recording Requested By And When Recorded Mail To: King County Wastewater Treatment Division Permitting and ROW Section 201 South Jackson Street, Suite 500 Seattle, WA 98101 Exhibit A BILL OF SALE Grantor(s): City of Renton, a municipal corporation of the State of Washington Grantee(s): King County, a political subdivision of the State of Washington This Bill of Sale is made by and between City of Renton, a municipal corporation of the State of Washington ("Grantor") and King County, a political subdivision of the State of Washington ("Grantee") and collectively referred to as the "Parties." WITNESSETH: WHEREAS, the Parties entered into an Agreement "Regarding Acquisition Of The Central Plateau Interceptor" (hereinafter the "Agreement"); and WHEREAS, the Grantor has constructed the Central Plateau Interceptor, together with any and all related facilities, including without.limitation, manholes, vents, ducts, vaults, odor control facilities and other necessary and convenient equipment and appurtenances (collectively referred to herein as the "Interceptor".); and WHEREAS, the Agreement sets forth the conditions under which the Grantor will transfer ownership of the Interceptor to Grantee; -and WHEREAS, the conditions set forth in the Agreement for the transfer of ownership to Grantee have been met; NOW THEREFORE AND IN CONSIDERATION of the mutual covenants between the Parties recited herein: 1. In consideration of the Grantee's execution of the Agreement and the covenants contained herein, Grantor hereby grants,.bargains, sells and transfers to Grantee, the Interceptor described in the attached Exhibit A. 2. " Grantor warrants that is the lawful owner of the Interceptor and that the Interceptor is free from all encumbrances, that all claims for labor and material for said Interceptor have been paid, that Grantor.has the right to transfer same and that Grantor will warrant and defend title to the Interceptor against claims and demands of any persons whomsoever, -3.- The Grantor and Grantee agree that the sale of the Interceptor is subject to the terms of the Agreement and that, as of the effective date of the Agreement, the Grantor is not responsible for any maintenance, repairs or service of the Interceptor or the operation and use of the Interceptor. 4. Grantee, by accepting this instrument, binds itself, its successors and assigns to operate, maintain, repair and replace the Interceptor at its own cost.and expense. Dated this _ day of GRANTOR: CITY OF RENTON TITLE 2010. GRANTEE: KING COUNTY TITLE DATE DATE Page 2 of 2 Exhibit A k - - PE eenaelAdasz KC-WTO Manholes Renton WW Manholes Conveyance to be Transferred Renton WIN Conveyance KC-WTD Conveyance 300 160• 0 300 Feel ApAII010 Tho Infomndon Indudud on this map has boom =1W d from a variety of sour— and to Renton LQ ,J� subject to change wlgroul nolloe.tang County wlwa no ropnun411one orwamnibs, King County aVrao erlmpis d,+•,a ee 1.not.Int d dto, a, llmotigUm prodod.olh•uwat.enb Central Plateau Interceptor n ` " Mfomntbn Ttih doaunenf b nd special, for eae In l aurvay product. Nan of do ry Mil not be lle6kter•rry g000r+4 epode), Indlreo6lneidoMlal, or �onapequon el domegos Department of Maudlngg,butnolilmllod10,lostnnonesorlollpr fhatoeullinglromibeuaeormbuo Section 2 Natural Resources and Parks eflholnlorm•don coM+nod on lhh mop Arry ale of iMo mop ar lnfonroUon on lMa mop wprabmhada.aaptby,Mgr•np+miyel«,etwngeanmy. Conveyance to be Wastewater Treatment His Wins: dnpttpro}eclslwtdpro�oeldas0propclelRonoLCnldPla•sulotSaoTmtd Division SbaenC•Nag 20IM02 Transferred to King County Exhibit 13 8E 145TH PL W 7 ""-,' °Conveyance to be Transferred Renton WW Conveyance K -WTD Conveyance C 300 15D 0 300 Fast Apdl 2OtO to Renton King County '1; ii.t000au.cy, ..Pletanom, llririollmsoirdghts loth... (...h L9 WnUO-uoty Central Plateau Interceptor Department ofInduNngg, but not 9mtled b, lost ovenuoa or lost podia roeultin9lrom tM uw or Mau. Natural Resources and Parks Fth.In It.. oorftliriiid M Wit imp, Any "I. of 1111. ftp.ir to .maeIln o. Vd. —p Scictlon 2 Is Ptoblbftd except by W11111in Poffiftsim of King Calmly.Wastewater Treatment Nk HiiiConveyance to be Mj Pft� Ki3t�liprQ)DOSMRMotLCnWi�tmulnl$MZ=tI htr Division nOW6 Transferred to 10no Countv n a CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY REGARDING ACQUISITION OF THE CENTRAL PLATEAU INTERCEPTOR. WHEREAS, in 2006 the City constructed the Central Plateau Interceptor ("Interceptor"), an 18-inch sewer main that connects to the existing Cedar River Trunk Line, continues northerly up 154th Avenue SE, across the new Elliott Bridge, and splits into two 15-inch lines approximately 1,200 feet north of the bridge; and WHEREAS, the Metropolitan King County Council, on November 30, 1999, adopted the Regional Wastewater Services Plan ("RWSP") and the plan, as amended, contains uniform criteria to be used throughout the County's wastewater service area for determining the ownership, operation and financing of interceptor and trunk sewers; and WHEREAS, the Interceptor meets all criteria established by the RWSP for inclusion in the County's metropolitan sewerage system; and WHEREAS, the City now desires that the County assume ownership of and responsibility for the operation, maintenance, repair and replacement of the Interceptor; and WHEREAS, it is necessary to document the terms and conditions of the transfer of ownership of the Interceptor from the City to the County, and specify the amount the City will be reimbursed for the Interceptor; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: 1 RESOLUTION NO. SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with King County regarding acquisition of the Central Plateau Interceptor. PASSED BY THE CITY COUNCIL this day of , 2010. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1489:12/8/10:scr Bonnie I. Walton, City Clerk day of 02010. 2 Denis Law, Mayor CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH ECITYGOV ALLIANCE ENTITLED INTERLOCAL JOINT PURCHASING AGREEMENT. WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental agencies; and WHEREAS, pursuant to the Interlocal Cooperation Act, the following jurisdictions are "Partners" under an interlocal agreement ("Alliance Interlocal") executed by the cities of Bellevue, Bothell Issaquah, Kenmore, Kirkland, Mercer Island, Sammamish, Snoqualmie and Woodinville, which Alliance Interlocal created the eCityGov Alliance (the "Alliance") to pursue efficiencies in delivering services, sharing services, purchasing and contracting, and creating economies of scale; and WHEREAS, certain other jurisdictions may 'become "Subscribers" to the services provided by the Alliance, but are not Partners or signatories to the Alliance Interlocal; and WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their mutual interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with eCityGov Alliance entitled Interlocal Joint Purchasing Agreement. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie i. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Approved as to form: Lawrence J. Warren, City Attorney RES.1488:12/1/10:scr Denis Law, Mayor 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY .REGARDING WETLAND PERMITS AND MITIGATION FOR THE TUKWILA LONGACRES STATION PROJECT. WHEREAS, the Central Puget Sound Regional Transit Authority (hereinafter referred to as "Sound Transit") plans to construct a new permanent Tukwila Commuter Rail Station along the Burlington Northern Santa Fe Railway (BNSF) tracks ("Tukwila Longacres Station") to improve access for passengers on Sound Transit's Sounder Commuter Rail Service between Tacoma and Everett; and WHEREAS, it is anticipated that Sound Transit and the City will negotiate and execute a separate agreement in which Sound Transit will commit funding for the Strander Project and work with the City to provide access from the Tukwila Longacres Station to Strander Blvd.; and WHEREAS, as part of implementing the Tukwila Longacres Station project, Sound Transit must permit and mitigate certain wetland and wetland buffer impacts; and WHEREAS, the City has previously obtained US Army Corps of Engineers and Department of Ecology permits, plans to obtain a City of Tukwila permit, and has purchased mitigation bank credits for wetland and buffer impacts for the City's Strander Blvd. Project, which is in the same area as the Tukwila Longacres Station project; and WHEREAS, the City's permits for the Strander Blvd. Project may expire if the City does not begin work under those permits; and 1 RESOLUTION NO. WHEREAS, -the City is willing to allow Sound Transit to construct permitted wetland fill on the City's behalf in order to extend the life of those permits and to save Sound Transit the time and money required to obtain separate permits and construct a separate mitigation project; and WHEREAS, it is necessary to document the terms and conditions under which the City allows Sound Transit to construct permitted wetland fill on the City's behalf; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Sound Transit regarding wetland permits and mitigation for the Tukwila Longacres Station project. PASSED BY THE CITY COUNCIL this day of . 2010. APPROVED BY THE MAYOR this Bonnie 1. Walton, City Clerk day of 2010. Denis Law, Mayor 2 RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES.1487:11/30/10:scr CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY REGARDING ACQUISITION OF THE CENTRAL PLATEAU INTERCEPTOR. WHEREAS, in 2006 the City constructed the Central Plateau Interceptor ("Interceptor"), an 18-inch sewer main that connects to the existing Cedar River Trunk Line, continues northerly up 154th Avenue SE, across the new Elliott Bridge, and splits into two 15-inch lines approximately 1,200 feet north of the bridge; and WHEREAS, the Metropolitan King County Council, on November 30, 1999, adopted the Regional Wastewater Services Plan ("RWSP") and the plan, as amended, contains uniform criteria to be used throughout the County's wastewater service area for determining the ownership, operation and financing of interceptor and trunk sewers; and WHEREAS, the Interceptor meets all criteria established by the RWSP for inclusion in the County's metropolitan sewerage system; and WHEREAS, the City now desires that the County assume ownership of and responsibility for the operation, maintenance, repair and replacement of the Interceptor; and WHEREAS, it is necessary to document the terms and conditions of the transfer of ownership of the Interceptor from the City to the County, and specify the amount the City will be reimbursed for the Interceptor; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: 1 RESOLUTION NO. SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with King County regarding acquisition of the Central Plateau Interceptor. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1489:12/8/10:scr 2010. Bonnie I. Walton, City Clerk day of , 2010. 2 Denis Law, Mayor. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE 2010 AMENDMENTS TO THE CITY'S 2004 COMPREHENSIVE PLAN, MAPS, AND DATA IN CONJUNCTION THEREWITH. WHEREAS, the Council has heretofore adopted and filed a "Comprehensive Plan" and has implemented and amended the "Comprehensive Plan" from time to time, together with the adoption of various codes, reports and records; and WHEREAS, the Planning Commission has fully recommended to the Council, from time to time, certain amendments to the City's "Comprehensive Plan"; and WHEREAS, the City, pursuant to the Washington State Growth Management Act, has been required to review its "Comprehensive Plan"; and WHEREAS, the City has held a public hearing on this matter on November 23, 2010; and WHEREAS, the Planning Commission has made certain findings and recommendations to the Council; and WHEREAS, the Council has duly determined after due consideration of the evidence before it that it is advisable and appropriate to amend and modify the City's "Comprehensive Plan"; and public; WHEREAS, such modification to the "Comprehensive Plan" is in the best interest of the NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The above findings and recitals are found to be true and correct in all respects. SECTION II. The "Comprehensive Plan" map is hereby modified, amended and adopted in its entirety as shown on Attachment A. SECTION Ill. The Administrator of the Department of Community and Economic Development or the. Administrator's designee is hereby authorized and directed to make the necessary changes to the City's "Comprehensive Plan" and the related maps to evidence the aforementioned amendment. SECTION IV. The City Clerk is authorized and directed to file this ordinance as provided by law, and a complete copy of said document shall be filed with the office of the City Clerk of the City of Renton. SECTION V. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of 12010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor 6 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1684:11/18/10:scr File: H.ICEDIPianninglGISIDS_,prnjeClSlcn/nplan_amendmenti December 2, 2010 20101cn:a10m01tMxdsL-pa10 m01_requ".Pd ztxllnq.rnxd 0 500 1,000 1:5500 Fe p Feet N Community & Economic Development Alex Pietsch, Administrator Adriana A. Johnson, Planning "Tech I rCity 07 l;C ail ;a=b Attachment A CPA 2010 - M01: Sunset Bluffs Comprehensive Land Use from RMD and RLD to EAV and from RMD to RMF 0 Rezone Boundary 0 Residential Medium Density City Limits > Residential Multi Family Land Use Employment Area - Industrial Residential Single Family i Emplyment Area - Valley LEGAL DESCRIPTION VIRTU PROPERTY AREA 1 That portion of the Easterly 716.8 feet of the Northerly 1510.74 feet of Donation Land Claim of C.E. Brownell, designated as Claim No. 41 and being a portion of Sections 13 and 14 in Township 23 North, Range 4 East, Willamette Meridian, described as follows: BEGINNING at the intersection of the East line of said Donation Land Claim with the South line of said Northerly 1510.74 feet; THENCE North 880 34' 18" West, 400.38 feet along said South line; THENCE North 790 39' 30" East, 309.06 feet; THENCE North 01° 27' 12" East, 79.92 feet; THENCE North 68' 00' 36" East, 106.55 feet to a point on the East line of said Donation Land Claim, said point being 184.65 feet North of said intersection; THENCE South 01 ° 27' 12" West, 184.65 feet along said East line to the POINT OF BEGINNING. Situate in the City of Renton, County of King, State of Washington Containing approximately 25,530 square feet, more or less. Project Name: Sunset Bluff November 17, 2010 Page 1 of 1 DJS 7639L.005.doc LEGAL DESCRIPTION VIRTU PROPERTY AREA 2 That portion of the Easterly 716.8 feet of the Northerly 1510.74 feet of Donation Land Claim of C.E. Brownell, designated as Claim No. 41 and being a portion of Sections 13 and 14 in Township 23 North, Range 4 East, Willamette Meridian, described as follows: COMMENCING at the intersection of the East line of said Donation Land Claim with the South line of said Northerly 1510.74 feet; THENCE North 88' 34' 18" West, 400.38 feet along said South line to the TRUE POINT OF BEGINNING; THENCE North 79' 39' 30" East, 309.06 feet; THENCE North 01° 27' 12" East, 79.22 feet; THENCE South 680 00' 36" West, 357.95 feet to said South line; THENCE South 88° 34' 18" East, 25.87 feet along said South line to the TRUE POINT OF BEGINNING. Situate in the City of Renton, County of King, State of Washington Containing approximately 13,823 square feet, more or less. Project Name: Sunset Bluff November 17, 2010 Page 1 of 1 DJS 7639L.006.doc LEGAL DESCRIPTION VIRTU PROPERTY AREA 3 That portion of the Easterly 716.8 feet of the Northerly 1510.74 feet of Donation Land Claim of C.E. Brownell, designated as Claim No. 41 and being a portion of Sections 13 and 14 in Township 23 North, Range 4 East, Willamette Meridian, lying South of Sunset Highway (Primary State Highway No. 2 and also known as SR 900, Empire Way South, Martin Luther King Jr. Way South and Sunset Boulevard), described as follows: COMMENCING at the intersection of the East line of said Donation Land Claim with the South line of said Northerly 1510.74 feet; THENCE North 880 34' 18" West, 400.38 feet along said South line; THENCE North 79' 39' 30" East, 309.06 feet; THENCE North 01* 27' 12" East, 79.22 feet to the TRUE POINT OF BEGINNING; THENCE CONTINUING North 01' 27' 12" East, 157.73 feet to a point on the South margin of said Sunset Highway (Primary State Highway No. 2), said point being a point on a curve, the radius point which bears North 020 56' 30" West; THENCE Easterly along said margin along the arc of a curve concave to the North. Having a radius of 2131.85 feet, thorough a central angle of 01' 32' 58" and an arc length of 57.65 feet; THENCE along said margin North 830 31' 42" East, 40.83 feet to the East line of said Donation Land Claim; THENCE South 01 ° 27' 12" West, 126.12 feet along said East line to a point which bears North 680 00' 36" East from the TRUE POINT OF BEGINNING; THENCE South 68° 00' 36" West, 106.65 feet to the TRUE POINT OF BEGINNING. Situate in the City of Renton, County of King, State of Washington. Containing approximately 13,823 square feet, more or less. Project Name: Sunset Bluff November 17, 2010 Page 1 of 1 DJS 7639L.007.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON (SW SUNSET BOULEVARD) FROM RESIDENTIAL -TEN UNITS PER NET ACRE (R-10), RESIDENTIAL MULTI -FAMILY (RM-F), AND RESIDENTIAL CONSERVATION (RC) TO INDUSTRIAL LIGHT (IL), AND FROM RESIDENTIAL -TEN UNITS PER NET ACRE (R-10) TO RESIDENTIAL MULTI -FAMILY (RM-F), FILE NO. LUA-08-146 (CPA 2010-M-01). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts -Uses and Standards, of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the property herein below described in has heretofore been zoned as Residential Ten Units Per Net Acre (R-10), Residential Multi -Family (RM-F) and Residential Conservation (RC); and WHEREAS, the property owner initiated a proceeding for change of zone classification of said properties; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and public hearing, and the public hearing having been held on or about November 23, 2010; and WHEREAS, this matter having been duly considered by the Planning Commission; and WHEREAS, the zoning request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Council having duly considered all matters relevant thereto; and all parties having been heard appearing in support or opposition; 1 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON; DOES ORDAIN AS FOLLOWS: SECTION I. The following property in the City of Renton is hereby rezoned to Industrial Light (IL) and Residential Multi -Family (RM-F) as specified below. The Administrator of the Department of Community and Economic Development or the Administrator's designee is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence the rezoning, to -wit: See Attachment A, attached hereto and made a part hereof as if fully set forth herein. SECTION II. This ordinance shall be effective upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of 12010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1685:11/22/10:scr Denis Law, Mayor 2 Martin L King Jr Way S I ' e f`D°Op°o••o°Oo`°� � / V File: I{10EDIPlanninglGISIGiS_.pr;,)jectsl oirptan,_amendmentl December 1, 2010 20101opa10_m01bVxdsk:paf0 rrr07_,rt<;ur, tred_zoring.rrxd 0 500 1,000 1:5500 Feet N Community & Economic Development Alex Pictsch, Administrator Adriana A. Johnson, I'lanning Tech 11 City of., t Attachment A CPA2010 - M01: Sunset Bluffs Rezone from R-10 to IL and RMF Rezone from RMF to IL Rezone from RC to IL QRezone Boundary IL, Light Industrial RC, Resource Conservation Proposed Zoning R-10, Residential- 10 DU/AC RM-F, Residential Multi -Family ® CO, Commercial Office ® R-14, Residential - 14 DU/AC City Limits OM IH, Heavy Industrial I! R-8, Residential - 8 DU/AC LEGAL DESCRIPTION VIRTU PROPERTY AREA 1 That portion of the Easterly 716.8 feet of the Northerly 1510.74 feet of Donation Land Claim of C.E. Brownell, designated as Claim No. 41 and being a portion of Sections 13 and 14 in Township 23 North, Range 4 East, Willamette Meridian, described as follows: BEGINNING at the intersection of the East line of said Donation Land Claim with the South line of said Northerly 1510.74 feet; THENCE North 88' 34' 18" West, 400.38 feet along said South line; THENCE North 79° 39' 30" East, 309.06 feet; THENCE North 01 ° 27' 12" East, 79.92 feet; THENCE North 680 00' 36" East, 106.55 feet to a point on the East line. of said Donation Land Claim, said point being 184.65 feet North of said intersection; THENCE South 010 27' 12" West, 184.65 feet along said East line to the POINT OF BEGINNING. Situate in the City of Renton, County of King, State of Washington Containing approximately 25,530 square feet, more or less. Project Name: Sunset Bluff November 17, 2010 Page 1 of 1 DJS 7639L.005.doc LEGAL DESCRIPTION VIRTU PROPERTY AREA 2 That portion of the Easterly 716.8 feet of the Northerly 1510.74 feet of Donation Land Claim of C.E. Brownell, designated as Claim No. 41 and being a portion of Sections 13 and 14 in Township 23 North, Range 4 East, Willamette Meridian, described as follows: COMMENCING at the intersection of the East line of said Donation Land Claim with the South line of said Northerly 1510.74 feet; THENCE North 88' 34' 18" West, 400.38 feet along said South line to the TRUE POINT OF BEGINNING; THENCE North 79' 39' 30" East, 309.06 feet; THENCE North 01' 27' 12" East, 79.22 feet; THENCE South 68' 00' 36" West, 357.95 feet to said South line; THENCE South 88° 34' 18" East, 25.87 feet along said South line to the TRUE POINT OF BEGINNING. Situate in the City.of Renton, County of King, State of Washington Containing approximately 13,823 square feet, more or less. S O;/cam {y Project Name: Sunset Bluff November 17, 2010 Page 1 of 1 DJS 7639L.006.doc LEGAL DESCRIPTION VIRTU PROPERTY AREA 3 That portion of the Easterly 716.8 feet of the Northerly 1510.74 feet of Donation Land Claim of C.E. Brownell, designated as Claim No. 41 and being a portion of Sections 13 and 14 in Township 23 North, Range 4 East, Willamette Meridian, lying South of Sunset Highway (Primary State Highway No. 2 and also known as SR 900, Empire Way South, Martin Luther King Jr. Way South and Sunset Boulevard), described as follows: COMMENCING at the intersection of the East line of said Donation Land Claim with the South line of said Northerly 1510.74 feet; THENCE North 88' 34' 18" West, 400.38 feet along said South line; THENCE North 79' 39' 30" East, 309.06 feet; THENCE North 01 ° 27' 12" East, 79.22 feet to the TRUE POINT OF BEGINNING; THENCE CONTINUING North 01 ° 27' 12" East, 157.73 feet to a point on the South margin of said Sunset Highway (Primary State Highway No. 2), said point being a point on a curve, the radius point which bears North 020 56' 30" West; THENCE Easterly along said margin along the arc of a curve concave to the North. Having a radius of 2131.85 feet, thorough a central angle of 01 ° 32' 58" and an arc length of 57.65 feet; THENCE along said margin North 83° 31' 42" East, 40.83 feet to the East line of said Donation Land Claim; THENCE South 01' 27' 12" West, 126.12 feet along said East line to a point which bears North 68' 00' 36" East from the TRUE POINT OF BEGINNING; THENCE South 68' 00' 36" West, 106.65 feet to the TRUE POINT OF BEGINNING. Situate in the City of Renton, County of King, State of Washington. Containing approximately 13,823 square feet, more or less. -IS J. 4c� A-11 Project Name: Sunset Bluff November 17, 2010 Page 1 of 1 DJS 7639L.007.doc