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HomeMy WebLinkAboutCouncil 01/05/2009AGENDA RENTON CITY COUNCIL REGULAR MEETING January 5, 2009 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: National Mentoring Month - January 2009 4. SPECIAL PRESENTATIONS: a. Highlands Task Force Recognition b. Emergency Preparedness Video 5. APPEAL: Planning & Development Committee Report re: Whitworth Condominiums Appeal 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. 6. ADMINISTRATIVE REPORT 7. 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. 8. 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. (CONTINUED ON REVERSE SIDE) a. Approval of Council meeting minutes of 12/8/2008. Council concur. b. Administrative, Judicial, and Legal Services Department recommends approval of a lease with Barber, Dean & Fontes Building Partnership for lease of the 100 S. 2nd St. building for office space for City Attorney Office personnel as part of the transition from contract services to City employment. Refer to Finance Committee. c. City Clerk reports bid opening on 12/9/2008 for CAG-08-178, Downtown Wayfinding Signage Project; ten bids; engineer's estimate $59,950; and submits staff recommendation to award the contract to the low bidder, TubeArt, in the amount of $21,131.83. Council concur. d. Community Services Department recommends approval of a sole source contract in the amount of $72,317.14 with ATS Automation for Barrington Systems HVAC (Heating, Ventilation, and Air Conditioning) DDC (Direct Digital Control) system replacement for the Renton Community Center and Carco Theatre. Council concur. e. Community Services Department recommends approval of an amendment to the lease with Vision House to extend the term for an additional year for the City -owned Edlund property home located off SE Carr Rd. Refer to Finance Committee. f. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way in the vicinity of Chelan Ave. NE to fulfill a requirement of the Vuong Short Plat (SHP-05-156). Council Concur. g. Human Resources and Risk Management Department recommends approval of a contract in the amount of $32,025 with Berkley Risk Administrators Company, LLC for third party administration of workers' compensation claims. Council concur. h. Human Resources and Risk Management Department recommends approval of City Attorney Office position classifications and pay grades related to the transition from contract services to City employment. Refer to Finance Committee. i. Police Department recommends approval of a contract in the amount of $196,306 with Occupational Health Services (Public Hospital District No. 1 of King County) for health services for Renton jail inmates for 2009. Council concur. j. Transportation Systems Division recommends approval of an agreement with the Transportation Improvement Board to accept a $2,831,500 grant for the Rainier Ave. S. (S. Grady Way to S./SW 7th St.) project. Council concur. 9. UNFINISHED BUSINESS 10. RESOLUTIONS AND ORDINANCES Resolution: Adopt Highlands Task Force recommendations (Council approved via Committee of the Whole report on 12/8/2008) Ordinance for first reading: School district impact fees (Council approved via Finance Committee report on 12/8/2008) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) CANCELED • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM Whe4ll , educated, confident, and nurtured children will give rise to a stronger city, community, state,' and nation -,.and When, the mission of-Corrimunities In Schools of Renton is to `champion the connection of needed community resources with schools to help young, people successfully learn; stay in school, and prepare for life; and W h e ltlq , research has shown that rrientoring has a .definitive impact on, young; people by increasin school attendance; improving., rates of high school graduation and college attendance; . and decreasing involvement with drugs, alcohol, and violent behaviors; and W her ocW, the Communities, In Schools of Renton 1Vlentoring.; Progiam matches a caring adult' with a.child,ih a one-to-one relationship to provide guidance and build confidence; stability, and direction'for that child;. and, LUhei%ect ; mentoring relationships create continuing cycles.,of hope grid promise, as they not only provide pos live influences for individual children, but also strengthen families and corntiunities N,61v, Mzrefpre�I, Denis Law, Mayor of the City of Renton, do hereby proclaim.the month of January 2009 to be IVaa lit etOr !I in the City of Renton, in tribute to the many dedicated 'individual 'who volunteer their time; compassion, and talents to mentor young.people, and I encourage al citizens to join me in this special observance and to consider giving back to our community as mentors: In witness whereof, I have hereunto 'set my hand and caused the seal .of the City of Renton to be affixed this 5th day of January, 2009: r 1 Denis Law; Mayor of the City.of Renton, Washington 1055 South Grady Way - Renton, Washington 98.057 - (425) 430-6500 ✓ FAX (425, 0 6 , � 3� AHEAD OF THE CURVE This paper contains 50 % recycled material, 30 % post corisumer� CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact...... Subject: AJLS Mayor's Office Marty Wine, x6526 Lease agreement between City of Renton and Warren, Barber, Dean & Fontes building partnership Exhibits: Lease AI kok 0,0 be For Agenda of: January 5, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Refer to Finance Committee Legal Dept ......... X Finance Dept ...... X Other ............... Fiscal Impact: Expenditure Required... $90,000 Transfer/Amendment....... Amount Budgeted....... $90,000 Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The transition of Warren, Barber & Fontes from contract city attorney services to City of Renton employment includes providing office space for the new City Attorney's Office in the short-term (3-5 year) period, until this new department can be incorporated into the City's long-term space planning. The building is located at 100 South 2nd Street in Renton. Renton's Facilities Division has obtained information from GVA Kidder Matthews to better understand current market rates, the availability of current space in Renton, and options at current City facilities. Based on that information, the City has negotiated a 3-year triple -net lease with the building partnership for 5,000 square feet at approximately $13.48/square foot, which is representative of the current market for the 200 Mill building. Building taxes, insurance and maintenance total $22,600. The three-year lease provides for a twelve (12) month notice to terminate at the end of the second year, should the city determine that it has space available in its own facilities. The City can also exercise an option to extend the lease for one year at current rates. Staff believes this lease provides the City with the needed flexibility it needs to accommodate the space impact of potential large annexations within the next few years. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into a lease agreement with Warren, Barber, Dean & Fontes building partnership. A'1 DRAFT TRIPLE NET LEASE THIS LEASE is executed and entered into January 1, 2009 by and between WARREN, BARBER, DEAN & FONTES BUILDING PARTNERSHIP, a Washington Partnership, (hereinafter "Lessor") and the CITY OF RENTON, a Washington municipality (hereinafter "Lessee"). In consideration of the rents, covenants, conditions and agreements hereinafter set forth, Lessor and Lessee agree as follows: ARTICLE 1. BASIC PROVISIONS 1.1 Location of Premises. The real property and office building and improvements are commonly located at 100 S. 2" a Street in the City of Renton, King County, Washington, and legally described as: That portion of Government Lot 4 in Section 18, Township 23 North, Range 5 East, W.M., AND of Tract 6 of Renton Shoreland Second Supplemental Map, described as follows: Beginning at the intersection of the Westerly margin of Lake Street as shown on sheet 1 of Renton Shorelands Second Supplemental Maps, according to Auditor's File No. 5581649, records of King County, and the North Margin of Second Avenue; thence along said North margin North 88' 22' 00" West 140 feet; thence North 1° 38' 00" East 89.15 feet; thence South 88' 22' 00" East 35.20 feet; thence North 1° 38' 00" East 20.00 feet; thence South 88' 22' 00" East 95.12 feet to the Westerly margin of said Lake Street; thence along said margin South 3° 26' 05" East 109.58 feet to the point of beginning; situate in King County, Washington. 1.2 Description of Premises. The leased premises consist of a two- story office building of approximately 5,700 square feet, together with adjacent parking lot and common areas, located as set forth in Section 1.1 above. 1.3 Term. The initial term shall be three (3) years, with an option to renew for one (1) additional year. (See, Article 2) 1 'kill :skill 1.4 Minimum Rent. For the first three (3) years of the lease term, the minimum rent shall be Seven Thousand Five Hundred Dollars ($7,500) per month. The minimum monthly rent shall be adjusted if Lessee exercises its option for a fourth year on the anniversary date of the Lease, by the percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics, Seattle -Tacoma -Bremerton Consolidated Metropolitan Statistical Area Consumer Price Index (CPI-U), as indicated six months prior to the commencement of years four and five of the lease term, in comparison to the June 2008 Seattle -Tacoma -Bremerton Consolidated Metropolitan Statistical Area Consumer Price Index (CPI-U, 1982-84=100) prior to commencement of this Lease. The new minimum rent shall become due and payable on January 1 of year four of this Lease. The rents are due on the first (Is`) day of each month and if not received by the tenth (101h) day of each month, a five percent (5%) late fee will be due which the parties acknowledge is reasonable. (See, Article 3) 1.5 Use of Premises. The premises shall be used as law offices for the City of Renton's Office of the City Attorney and incidental and related purposes thereto. THE FOREGOING BASIC PROVISIONS are an integral part of this Lease. The references to other sections designate locations in the Lease that refer to the Basic Provisions and are for convenience only. In the event of conflict between the Basic Provisions and other provisions of the Lease, the Basic Provisions shall control. 2 S ARTICLE 2. TERM 2.1 Commencement of Initial Term. The term shall commence on January 1, 2009. The initial term shall continue for the period specified in Section 1.3 above. 2.2 Oration Terms. Lessee shall have an option to extend this Lease for one (1) year period as set forth in Section 1.3 at Fair Market Rents. The option must be exercised by Lessee giving written notice to Lessor at least one hundred and eighty (180) days prior to expiration of the then current term of the Lease, or the option shall become null and void and the Lease shall expire on the expiration date, December 31, 2011. 2.3 Holding Over. Any holding over after the expiration or termination of the initial or any option term hereof shall be construed to be a tenancy from month to month, with rents at 125% of the rents herein specified for the last month of the term of the Lease and shall otherwise be on the terms and conditions herein specified, so far as applicable. ARTICLE 3. RENT 3.1 Minimum Rent. The rent as specified in Section 1.4 above shall be due and payable on January 1, 2009 and on the first day of each calendar month thereafter. If the minimum rent is not received by the tenth (10`h) day of each month, there shall be assessed a five percent (5%) late fee which the parties acknowledge as reasonable. 3.2 Place of Payment. All rent, additional rent and other sums required by this Lease to be paid by Lessee to Lessor shall be paid to Lessor at its address 3 stated in Article 12, Section 12.1, or at such other place as the Lessor may designate from time to time in writing to Lessee. ARTICLE 4. TAXES 4.1 Real Property Taxes Defined. Beginning on the date of commencement of this Lease as set forth in Section 2.1 above and continuing through the term of this Lease, Lessee shall pay to Lessor as additional rent the amount of real property taxes and applicable installments of general and special assessments ("Real Property Taxes") which are now or hereafter may be assessed against the Premises, which sums are included in the minimum monthly rental.. Taxes and installments of assessments which are due for any period prior to the commencement or after the termination of the term of this Lease shall be prorated based upon the number of respective days to which such taxes and assessments apply. 4.2 Payment. Lessor shall give Lessee annual notices of the amount of Real Property Taxes which are payable by Lessee. 4.3 Taxes on Leasehold and Improvements. Lessee shall be responsible for and shall pay before delinquency all municipal, county or state taxes assessed during the term of this Lease against its leasehold interest, the improvements, moveable trade fixtures and personal property of any kind, owned by or placed in, upon or about the Premises by the Lessee and shall provide Landlord with proof of payment, or any tax on rents, if applicable. ARTICLE 5. ALTERATIONS 5.1 Alterations by Lessee. Lessee shall not make any alterations, additions or improvements in, on or to the leased Premises without the prior written 0 consent of Lessor, which consent may be subject to such conditions as Lessor may deem appropriate, but which shall not be unreasonably withheld or delayed, 5.2 Costs of Alterations. Any alterations, additions or improvements consented to by Lessor shall be made at Lessee's sole cost and expense. 5.3 Shinage. Lessee shall provide at least one exterior and one interior sign of professional quality to identify the leased Premises as "Renton City Attorney's Office" or similar designation. 5.4 As -Built Specifications and Drawings. Lessee shall provide Lessor a complete set of "as built" drawings or specifications upon completion of any alterations, additions or improvements. 5.5 Buildinst Permits and Approvals. Lessee shall secure any and all governmental permits, approvals or authorizations required in connection with any alterations, additions or improvements at Lessee's sole expense. ARTICLE 6. MAINTENANCE 6.1 Maintenance. Lessee shall pay for janitorial service to maintain the premises in a clean, sanitary and professional manner. Lessee shall at all times throughout the Lease term, at its sole cost or expense, maintain the exterior doors, entrances, all windows and moldings and trim of all doors and windows, fixtures, lighting, heating, air conditioning, plumbing fixtures (excluding capital repairs or replacements, and unexposed plumbing) and systems serving the leased Premises in good order, condition and repair. Without limiting the generalities of the foregoing, Lessee shall: (i) keep the glass of all windows, doors, and showcases Z clean and presentable; (ii) immediately replace all broken glass in the leased Premises; (iii) at reasonable intervals paint and refinish the interior of the leased Premises; (iv) make any necessary repairs to or replacements of all door closure apparatuses and mechanisms; (v) keep all plumbing within the walls of the leased Premises or otherwise serving the leased Premises clean and in good state of repair including pipes, drains, toilets, wash basins and showers; (vi) keep all utilities within or otherwise exclusively serving the leased Premises in a good state of repair; (vii) maintain, service and clean all HVAC equipment serving the leased Premises; (viii) replace fluorescent lighting tubes, compact fluorescent lights (CFLs) or incandescent or halogen lights; (ix) repair or replace fluorescent lighting fixtures or ballasts or other necessary electrical repairs; and (x) maintain and clean the parking lot to keep the same free from dirt, trash and garbage. 6.2 Lessor's Maintenance Responsibility. Lessor shall be responsible for maintenance of the roof, foundation, outside painting of the premises and landscaping. ARTICLE 7. INSURANCE 7.1 Liability Insurance. Lessee shall at its own cost and expense, keep and maintain in full force and effect during the lease term, a policy of comprehensive/commercial general liability insurance insuring Lessee's activities with respect to the leased Premises and against loss, damage or liability for personal injury, death, loss or damage to property with a limit of not less than Two Million Dollars ($2,000,000.00) combined single limit for policies without a general aggregate limit. For policies with a general aggregate limit, such aggregate limit 2 shall be not less than Four Million Dollars ($4,000,000.00). Any policy shall include an endorsement providing that the Lessor shall be named as an additional insured. Lessee shall deliver to Lessor upon commencement of the lease term and from time to time as requested by Lessor, copies of all policies or certificates of insurance showing Lessor as an additional insured and the applicable policy limits thereof. 7.2 Lessee's Fire, Casualty and Extended Coverages. In addition to the insurance required in Section 7.1 above, Lessee shall, at its own cost and expense, keep and maintain in full force and effect during the lease term insuring both Lessee and Lessor, fire, casualty and extended coverage risk property casualty insurance covering the entire leased Premises, and risk property insurance covering Lessee's supplies, personal property, trade fixtures, additions and modifications to or in the leased Premises, in an amount equal to one hundred percent (100%) of the replacement cost thereof. The insurance policy shall name the Lessor as an additional insured and shall bear an endorsement that the policy shall not be cancelled or the policy limits reduced below the coverage required by this Lease for any reason other than nonpayment of premiums, except upon forty-five (45) days prior written notice to Lessor and only after ten (10) days prior written notice to Lessor for nonpayment of premiums. Lessee shall deliver to Lessor upon commencement of the lease term, and from time to time thereafter as requested by Lessor, copies of all policies of such insurance or certificates of insurance thereof. 7.3 Reimbursement of premium. Lessor shall reimburse Lessee, from the minimum monthly rental, the amount of Lessee's insurance premium which Lessee is reasonably estimated as $1,200.00 per annum. 7 I ARTICLE 8. UTILITIES 8.1 Payment of Utilities by Lessee. Lessee shall pay all utilities for and in connection with the leased Premises, including, but not limited to electrical service, natural gas, water, sewer, garbage disposal, telephone, satellite television service and burglary alarm. Lessor may submit invoices for such utilities to Lessee for payment, or such service providers may directly invoice Lessee. All invoices for utilities shall be paid in a timely manner by Lessee, and in the event of any late charges and fees, Lessee shall be responsible for same. ARTICLE 9. ASSIGNMENT 9.1 Assignment of Lease. Lessee shall not assign or sublease all or any portion of the Premises without first obtaining Lessor's written consent, which shall not be unreasonably withheld. Lessee shall remain jointly and severally liable for the payment of rent and all terms of this Lease during its term, together with Lessee's assignee or sublessee. ARTICLE 10. RIGHT OF ENTRY 10.1 Right of Entry. Lessor or Lessor's agents shall have the right to enter the Premises to examine the same during normal business hours, and at other hours upon twenty-four (24) hours written notice given as required by Article 12, Section 12.1 herein, or in the event of an emergency, with reasonable notice under the circumstances. 10.2 Entry for Leasing. During the ninety (90) days prior to the expiration of the term of this Lease, Lessor may place upon the Premises "For Rent" notices advertising the availability of the Premises for lease. Lessor may show the Premises to prospective lessees during such period during normal business hours with reasonable prior notice to Lessee. ARTICLE 11. WAIVER 11.1 Waiver. The waiver by Lessor or Lessee of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. ARTICLE 12. MISCELLANEOUS 12.1 Notices. All notices under this Lease shall be in writing and sent by first class and certified mail, return receipt requested to the other party, or by personal service at the following addresses: Lessor Lawrence J. Warren Warren Barber Dean & Fontes Building Partnership 100S2°dSt PO Box 626 Renton, WA 98057 Lessee Jay Covington, CAO City of Renton 1055 S Grady Way Renton, WA 98057 X e Lease. 12.2 Time of Essence. Time is of the essence of each provision of this 12.3 Severability. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, neither the remainder of this Lease, nor the application of such terms, covenant or condition to persons or circumstances other than those thereby and each term covenant or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. 12.4 Controlling Law. This Lease shall be governed by and construed in accordance with the laws of the State of Washington and venue shall be in the courts of King County, Washington. 12.5 Successors. This Lease shall be binding on and inure to the benefit of the parties and their successors, assignees, entities succeeding lawfully and pursuant to the provisions of this Lease to the rights or obligations of either party. 12.6 Entire Agreement. This Lease supersedes all prior oral or written discussions or agreements related to this Lease and set forth all the covenants, promises, agreements, conditions and understandings between Lessor and Lessee concerning the Premises and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, H M 10 change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. EXECUTED BY THE Lessor and Lessee on the dates written below. LESSOR Warren, Barber, Dean & Fontes Building Partnership Lawrence J. Warren, General Partner LESSEE City of Renton, a Washington municipality Denis Law, Mayor Date: Date: 11 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, LAWRENCE J. WARREN, General Partner of Warren, Barber, Dean & Fontes Building Partnership, known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. -11 GIVEN under my hand and official seal this day of [SEAL] STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Signature: Name (Print): NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: On this day personally appeared before me, Denis Law, Mayor, City of Renton, known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. 11: GIVEN under my hand and official seal this day of [SEAL] Signature: Name (Print): NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 12 CITY OF RENTON COUNCIL AGENDA BILL Data: Dept/Div/Board.. AJLS/City Clerk Staff Contact...... Bonnie Walton Bid opening on December 9, 2008, for CAG-08-178, Downtown Wayfinding Signage Project Staff Recommendation Bid Tabulation Sheet (ten bids) Al #: Q _ a 5.2009 Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Legal Dept......... Council concur Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $21,131.83 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget $60,000.00 City Share Total Project.. SUMMARY OF ACTION: Engineer's Estimate: $59,950 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities. Therefore, staff recommends acceptance of the low bid submitted by TubeArt in the amount of $21,131.83, including sales tax. STAFF RECOMMENDATION: Accept the low bid submitted by TubeArt in the amount of $21,131.83. X 1 4 �Y O PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: December 10, 2008 TO: Bonnie Walton, City Clerk FROM: John Hobson, Wastewater Engineer (ext. 7279) 9s)* SUBJECT: Downtown Wayfinding Signage Phase I Bid Award The Public Works Department has reviewed the bids submitted for the Downtown Wayfinding Signage Phase I project and recommends that the bid be awarded to TubeArt. We are requesting that an agenda bill for "Council Concur" be prepared for the January 5, 2009, Council Meeting. The bid opening was on Tuesday, December 9, 2008. There were 10 bids received. There were no irregularities affecting the low bid (there were a couple of math errors that affected a couple of the higher bids). The low bidder is TubeArt with a bid of $21,131.83. The engineer's estimate was $59,950. I have attached a copy of the bid tabulation form. The project budget amount is $60,000. The project will install seven (7) Downtown Wayfinding signs in the North Renton neighborhood. cc: Jennifer Davis -Hayes, CED Community Development Project Manager H:\File Sys\WWP - WasteWater\WWP-03-0000 Correspondence - Wastewater\JohnH\Way Finding Sign Project\Award-Clerk-Wayfinding Signage.doc\JDHtp Project Title: BID DATE: 7/1/08 2:30 PDT Item Description No. BID TAB Downtown Wayfinding Sig. Phase Unit Est. Quantity 001 Mobilization & Demobilization Lump Sum 1 002 Installation of City -Provided Wayfinding Sign including Foundation Each 6 003 Installation of City -Provided Wayfinding Sigh on existing Utility Pole Each 1 Project Title: BID DATE: 7/1/08 2:30 PDT Item Description No. 001 Mobilization & Demobilization 002 Installation of City -Provided Wayfinding Sign including Foundation 003 Installation of City -Provided Wayfinding Sign on existing Utility Pol BID TAB Downtown Wayfinding Signage Phase I l[ Unit Est. Quantit Lump Sum 1 Each 6 e Each 1 City of Renton Engineers Estimate Unit Bid Price Amount $6,000.00 $6,000.00 $7,600.00 $45,600.00 $3,400.00 $3,400.00 Subtotal $55,000.00 Tax $4,950.00 Total $59,950.00 The Phoinix Corp. Unit Bid Price Amount $2,098.00 $2,098.00 $3,268.00 $19,608.00 $370.00 $370.00 Subtotal $22,076.00 Tax $1,986.84 Total $24,062.84 Page 1 TubeArt Low Bid Unit Bid Price Amount $6,755.00 $6,765.00 $1,955.00 $11,730.00 $902.00 $902.00 Subtotal $19,387.00 Tax $1,744.83 Total $21,131.83 Page 2 Merlino Brothers, LLC Unit Bid Price Amount $3,200.00 $3,200.00 $3,880.00 $23,280.00 $800.00 $800.00 Subtotal $27,280.00 Tax $2,455.20 Total $29,735.20 Project Title: BID DATE: 7/1/08 2:30 PDT Item Description No. BID TAB Downtown Wayfinding Signage Transtech Electric, Inc Phase Unit Est. Unit Bid Quantit Price Amount 001 Mobilization & Demobilization Lump Sum 1 $2,900.00 $2,900.00 002 Installation of City -Provided Wayfinding Sign including Foundation Each 6 $26,831.00 $160,986.00 003 Installation of City -Provided Wayfinding Sign on existing Utility Pole Each 1 $2,963.00 $2,963.00 BID TAB Project Title: Downtown Wayfinding Signage BID DATE: 7/1/08 2:30 PDT Phase I Item Description Unit Est. No. Quanti 001 Mobilization & Demobilization Lump Sum 1 002 Installation of City -Provided Wayfinding Sign including Foundation Each 6 003 Installation of City -Provided Wayfinding Sign on existing Utility Pole Each 1 Subtotal $166,849.00 Tax $15,016.41 Total $181,865.41 Celtic Concrete Unit Bid Price Amount Page 3 Complete Construction Resources, Inc Unit Bid Price Amount $3,645.00 $3,645.00 $5,050.00 $30,300.00 $2,525.00 $2,525.00 Subtotal $36,470.00 Tax $3,282.30 Total $39,752.30 Construct Co. Unit Bid. Price Amount $6,000.00 $6,000.00 $6,500.00 $5,666.00 $33,996.00 $6,400.00 $2,500.00 $2,500.00 $2,000.00 Subtotal $42,496.00 Subtotal Tax $3,824.64 Tax Total $46,320.64 Total Page 4 $6,500.00 $38,400.00 $2,000.00 $46,900.00 $4,221.00 $51,121.00 Project Title: BID DATE: 7/1/08 2:30 PDT Item Description No. 001 Mobilization & Demobilization 002 Installation of City -Provided Wayfinding Sign including Foundation 003 Installation of City -Provided Wayfinding Sign on existing Utility Pol Project Title: BID DATE: 7/1/08 2:30 PDT Item Description No. 001 Mobilization & Demobilization 002 Installation of City -Provided Wayfinding Sign including Foundation 003 Installation of City -Provided Wayfinding Sign on existing Utility Pol BID TAB Downtown Wayfinding Signay Phase I Unit Est. Quantit ][ Lump Sum 1 Each 6 e Each 1 BID TAB Downtown Wayfinding Signage Phase Unit Est. Quantit Lump Sum 1 Each 1 6 e Each 1 page 5 MDK Construction Dennis R. Craig Construction, In Unit Bid Unit Bid Price Amount Price Amount $4,700.00 $4,700.00 $7,000.00 $42,000.00 $5,000.00 $5,000.00 Subtotal $51,700.00 Tax $4,653.00 Total $56,353.00 Talakai Construction Unit Bid Price Amount $20,000.00 $20,000.00 $57,000.00 $342,000.00 $2,000.00 $2,000.00 Subtotal $364,000.00 Tax $32,760.00 Total $396,760.00 $3,828.00 $3,828.00 $8,195.00 $49,170.00 $1,148.35 $1,148.35 Subtotal $54,146.35 Tax $4,873.17 Total $59,019.52 Page 6 CITY OF RENTON BID TABULATION SHEET 10JECT: Downtown Wayfinding Signage, CAG-08-178 Page 1 of 2 DATE: December 9, 2008 FORMS Bid Proposal L & I BID BIDDER with Bid Certificate of Triple Form Bond Registration "Includes Sales Tax CCR, Inc. 7205 NE 279th St Battle Ground, WA 98604 x x x $39,752.30 Jeff Hafford Celtic Concrete 45108 SE 130th PI North Bend, WA 98045 Damian Howard Construct Co. 1621 Pease Ave. Sumner, WA 98390 Cy Morse Dennis R. Craig Construction, Inc. P.O. Box 595 �dmond, WA 98073-0595 .nie Craig MDK Construction, Inc. 1608 S. Gold St. Centralia, WA 98531 Donald Koidahl Merlino Brothers, LLC 14201 SE Petrovitsky Rd. A3/321 Renton, WA 98058 Nick Merlino The Phoinix Corporation 5700 6th Ave. S., Ste. 101 Seattle, WA 98108 Anthony Bahnick Talakai Construction 9236 25th Ave. SW Seattle, WA 98106 Mapili Talakai Transtech Electric, Inc. 9012 S. 208th St. ;nt, WA 98031 ,viary Guthmiller x x x x x x x x x check $1,250 Copy of Bond x x x x $46,325.00 $51,121.00 $59,019.52 $56,353.00 $29,735.20 $24,062.84 $87,611.00 $32,694.00 (w/o sales tax) (over) CITY OF RENTON BID TABULATION SHEET PROJECT: Downtown Wayfmding Signage, CAG-08-178 Page 2 of 2 DATE: December 9, 2008 ENGINEER'S ESTIMATE LEGEND: Forms: Tiple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage $59,950.00 CITY OF RENTON COUNCIL AGENDA BILL Al #: 2 o e Submitting Data: For Agenda of: Dept/Div/Board.. Community Services Dept. January 5, 2009 Agenda Status Staff Contact...... Greg Stroh, x 6614 Consent .............. X Public Hearing.. Subject: Correspondence.. Sole Source Contract with ATS Automation Company Ordinance ............. for Replacement of the Barrington DDC System for the Resolution............ Renton Community Center and Carco Theatre Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Draft Copy of Contract Information......... ATS Proposal Sole Source Letter Recommended Action: Approvals: Legal Dept......... X Council concur Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $ 72,317.14 Transfer/Amendment....... Amount Budgeted....... $ 120,000.00 Revenue Generated......... Total Project Budget $ 120,000.00 City Share Total Project.. The existing Barrington Controls HVAC (Heating Ventilation and Air Conditioning) DDC (Direct Digital Control) System is obsolete, completely unsupported, and is becoming very problematic in operation. Alerton DDC Systems have been installed and are currently in operation in City Hall, Fire Stations 12 and 14, and the Maplewood Golf Course. Facilities representatives have established Alerton as our standard for this type of equipment. Functional reliability, commonality of maintenance, parts availability, and reliability were key factors in the original decision in selecting Alerton for these applications and we would like to build on this proven track record. The attached letter from Alerton indicates that ATS Automation, Inc. is their authorized representative for the State of Washington. We are currently developing the contract and associated documentation for this project and respectfully request that you authorize the use of Sole Source Supply for this project as outlined in City Policy and Procedure 250-02 Section 5.14 SOLE SOURCE SUPPLY. CIP Project Barrington DDC System Replacement for RCC and Carco Theatre Account: Major Maintenance Public Facilities Project budget: $ 120,000.00 Approve Sole Source utilization and the Contract with ATS Automation for Barrington Systems Direct Digital Control (DDC) System Replacement for Renton Community Center and Carco Theatre and authorize the Mavor and Citv Clerk to sign the agreement.. Rentonnet/agnbill/ bh 1�Y O h COMMUNITY SERVICES DEPARTMENT Nrvo M E M O R A N D U M DATE: December 24, 2008 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayo!,,,'9'W '(7' -M, FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Greg Stroh, Facilities Manager, x6614 SUBJECT: Barrington DDC System Replacement for RCC and Carco Theatre Issue Should the City enter into a sole source contract with ATS Automation, Inc. to install new Alerton DDC control systems in place of the obsolete Barrington Controls at the Renton Community Center and Carco Theatre. Recommendations Authorize the Mayor and, City Clerk to enter into a sole source contract with ATS Automation, Inc. to install new Alerton DDC control systems in place of the obsolete Barrington Controls at the Renton Community Center and Carco Theatre. Background: • The existing Barrington Controls DDC (Direct Digital Control) System that controls the HVAC (Heating, Ventilation and Air Conditioning) is obsolete, completely unsupported, and is becoming very problematic in operation. Alerton DDC Systems have been installed and are currently in operation in City Hall, Fire Stations 12 andl4, and the Maplewood Golf Course. Facilities representatives have established Alerton as our standard for this type of equipment. Functional reliability, commonality of maintenance, parts availability, and reliability are all key factors in the original decision in selecting Alerton for these applications and we would like to build on this proven track record. The attached letter from Alerton indicates that ATS Automation, Inc. is their authorized representative for the State of Washington. • The ATS project proposal is $ 72,317.14 including Washington State Sales Tax. • The 316 Account CIP Public Facilities budget for this project is $120.000.00. Conclusion: Award the contract to the sole source contractor, ATS Automation, Inc. cc: Jay Covington, Chief Administrative Officer Peter Renner, Facilities Director Bonnie Walton, City Clerk Iwen Wang, Finance/IS Administrator Attachments c:\documents and settings\bwalton\local settings\temporary internet files\content.outlook\x7dzyuna\issue paper to council.doc ti`tY O CITY OF RENTON CONTRACT AGREEMENT THIS AGREEMENT is made as of the day of , 2008, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and ATS Automation, hereinafter referred to as "CONTRACTOR," to install new Alerton DDC control systems in place of the obsolete Barrington Controls at the Renton Community Center and Carco Theatre. (DDC Direct Digital Control for HVAC Heating Ventilation and Cooling) Installation shall be complete including performing such incidental or other work as may be necessitated by these operations. The location of work is, Renton Community Center and Carco Theatre, 1715 Maple Valley Highway, Renton, WA 98057. The City and Contractor agree as set forth below. 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all work described in the Proposal which is included with this Agreement as Attachment "A." 2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the Services consisting of additions, deletions or modifications, the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Change Order signed by the City and the Contractor. 3. Time of Performance. The Contractor shall commence performance of the Contract no later than ten (10) calendar days after Contract's final execution, and shall complete the full performance of the Contract not later than 60 calendar days from the date of commencement. 4. Term Of Contract. The Term of this Agreement shall end at completion of the enclosed scope of work. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Contractor. 5. Contract Sum. The total amount of this Contract is the sum of $72,317.14 which includes Washington State Sales Tax. 6. Method of Payment. Payment by the City for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in the form specified by the City. Payment will be made thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Contractor for any work not completed in a satisfactory manner until such time as the Contractor modifies such work so that the same is satisfactory. 7. Employment. The Contractor's employees are not employees of the City of Renton. 8. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this Contract without express written consent of the City of Renton. 9. Record Keeping and Reporting. The Contractor shall maintain accounts and records which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Contractor agrees to provide access to any records required by the City. 10. Hold Harmless. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, including claims from third parties, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 11. Insurance. The Contractor shall maintain throughout the duration of this contract the following insurance requirements: General Liability insurance in the amount of $1,000,000 per occurrence/$2,000,000 aggregate; Professional Liability insurance in the amount of $1,000,000 per claim; Automobile Liability in the amount of $1,000,000 per accident; and proof of Workers' Compensation coverage. The City of Renton will be name as a Primary and Non -Contributory Additional Insured on the insurance policy and an endorsement stating such shall be provided, 12. Compliance with Laws. The Contractor and all of the Contractor's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. 13. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the City of Renton contract shall prevail. 14. Prevailing Wage Rates. By executing this Contact, the Contractor agrees to comply with the State prevailing wage requirements as set forth in the Contract Documents. This Agreement is entered into as of the day and year written above. CONTRACTOR Signature Printed Name and Title ATS Automation Business Name 450 Shattuck Avenue South Mailing Address Renton WA 98057 city State Zip (425) 251- 9680 Telephone CITY OF RENTON Signature Denis Law, Mayor Printed Name and Title Attest Bonnie Walton, City Clerk Printed Name and Title Page 1 of 2 AUTOMATION December 2, 2008 Mr. Greg Stroh City of Renton Project: Renton Community Center & Carco Theater ATS Proposal Thank you for giving ATS Automation the opportunity to submit a proposal to City of Renton for the Renton Community Center and Carco Theater projects. We propose to furnish and install a complete Alerton BACtalk Open Protocol DDC control system based on the job walk conducted on 11/19/08, existing Barrington control drawings, and the below scope of work, exclusions, clarifications, and assumptions. General Scope ATS is responsible for project management, software programming, front-end displays/graphics, AutoCAD drawing documentation, providing all necessary control system components, field engineering, controls wiring, testing, start-up, system check-out, and installation. Control/monitor the following HVAC equipment through the Alerton BACtalk system (also see enclosed ATS points list dated 12/02/08): Community Center: • (17) Air handlers AHU —1 -- 17 • (6) Exhaust fans EF —1 -- 6 • (1) Hot water circ pumps HWCP - 2 • (1) Spa system (SF —1, EF — 7, bypass damper, heating coils HC —1 — 4) • (1) Chiller CH — 1 & (1) chilled water pump P —1 • Misc control/monitoring points (see points list) Carco Theater: • (3) Air handlers AC —1, 2, 3 • Installation of the communication wiring between the buildings (reuse existing conduit) • Furnish and install (1) BCM global controller with a Modem for system remote access. • Included is the latest copy of the Alerton Envision for BACtalk software and software access Key-SM • ATS will attempt to reuse the following devices: - Relays - HOA switches - Damper actuators - Control valves and actuators - Delta P sensors - Pulse power meters) - Control enclosures 450 Shattuck Ave South Renton, WA 98055 Tel 425 251-9680 Fax 251-0949 Page 2of2 WIL AW V12 AUTOMATION - Low voltage transformers - Cable trays - Current sensing relays - Sensor wells - Sensor wiring • We assume that the reused devices and wiring are in working condition. Broken or missing components will be replaced at additional costs. • Install new: - MS/TP communication wiring - Temperature probes - DDC controllers - Outside air temperature sensor - Well sensors • Work performed during regular working hours. Some equipment cutovers will transpire after hours. • Owner to provide an on -site PC and Ethernet drop. • ATS will use the existing sequence of operation and system layout as the basis of design for the new BACtalk system. • Control/monitoring of equipment not listed in this proposal or ATS points list. • Providing, powering, and/or wiring of fire/smoke dampers and or smoke detector • Line voltage wiring, line voltage T-stats, and/or powering mechanical equipment. • Balancing and commissioning. • Paint, patch, ceiling file replacement. • Washington State Sales Tax. Pricing Community Center: Carco Theater: $55,127 $ 9,239 Add for (1) PC by ATS: $1,980 (PC furnished, set-up, and warranted for 9 year by ATS; MS Operating System included) We look forward to working with City of Renton on this project and welcome your questions or comments regarding this proposal. Feel free to contact me at 425-251-9680. Sincerely, Peter Szabad Sales Engineer ATS Automation, Inc. 450 Shattuck Ave South Renton, WA 98055 Tel 425 261-9680 Fax 251-0949 Job: Renton Community Center & Carco Theater ATS Point List: Sales Engineer: PSZ Date: 12l2l2008 i I Total _ — MOUNTED BY WIRED BY POWER Digital Digital Analog I Analog CITY Point Description Device Description Mech Elea Sub D1v16 Elec Sub REQ Output Input Output Input ---Device/Equipment LocationfNotes Control panels CP -1, 2 AHU -1, 2 { n stantstop reuse relay x 1 2 fan status reuse delta P x 1 2 DAT temp probe by ATS x x 1 2 RAT teen be ATS x x 1 2 space tent Mlcrosot II x x 1 reuse wiring 2 electric heater enable/disable reuse rala x 1 2 economizer control reuse BeUna actuators x t 2 VL 51 x x 2 24V transformer reuse transformer x 2 enclosure reuse enclosure x Total Points 2 0 1 4 Control panels CP - 3,4 AHU - 3,4) n starvsto reuse relay x 1 2 fan status reuse delta P x 1 2 DAT tent robe b ATS x x 1 2 P2 RAT tent robe b ATS x x 1 6 pushbutton override pushbutton b ATS x x 3 reuse wiring 2 CHW valve reuse Sellmo valve x 1 electric heater enabre—Misabte reuse re x 7 2 economizer control reuse Belimo actuators x 1 2 VLC•653 x x 2 24V transformer reuse transformer x 2 enclosure reuse enclosure x Total Points 2 3 2 3 Control panels CP - 5, 6, 11, 12,13, 16 (AHU - 5, 6,11, 12, 13, 16 fan start/stop reuse relay x 1 6 fan status reuse delta P x 1 6 DAT temp probe by ATS z x 1 6 RAT temp probe by ATS x x 1 5 space temp Microset II x x 1 reuse wiring, AHU - 5 does not haves ace temp 6 CHW valve reuse Belimo valve x 1 6 electric heater enable/disable reuse relay x t 6 economizer control reuse Bellmo actuators x 1 1 pulse power meter reuse meter x 7 AHU - 6 only 6 VLC-853 x x 6 24V transfomter reuse trans rmer x 6 enclosure reuse enc.sure x Total Points 3 1 1 2 3 Par If 5 Renton Community Center points list 1 18 i Job: Renton Community Center & Carco Theater I ATS Point List: j Sales Engineer: PSZ L Date: 121212008 I Total MOUNTED BY WIRED BY POWER Digital Digital I Analog Analog DevicelEqulpment QTY Point Description iDevice Description Mech Elec Sub 6Iv18 Elec Sub REQ Output Input Output Input Locatlon/Notes I Control panel CP - 7 AHU - 7, EF - 3, HWCP -2) fan sta stop reuse relay x 1 1 fan status reuse delta P x 1 1 DAT tempprobe b ATS x x 1 1 d11 RAT temprobe ATS x x 1 1 space temp Mlcroset 11 x x 1 reuse wiring 1 CHW valve reuse Bellmo valve x 1 electric heater enable/disable reuse relay x 1 1 economizer control reuse Belimo actuators x 1 1 EF - 3 starosto reuse rela x 1 1 - 2 starUsiop reuse re ay x 1 1 VLC-853 x x 1 24V transformer reuse transformer x 1 enclosure reuse enclosure x Total Points 5 0 2 3 I I I ;Con rol panel CP -14 (AHU • 14, EF - 6, HWCP -1)I 1 fan startfstop reuse relay x 1 1 fan status reuse delta P x 1 1 OAT temp probe by ATS x x 1 1 RAT temp probe by ATS x x 1 1 space temp Mlcroset 11 x x 1 reuse wiring 1 CHW valve reuse Bellmo valve x 1 1 electric heater enable/disable reuse relay x 1 1 economizer control reuse Bellmo actuators x 1 1 EF - 8 slarUstop reuse relayx 1 1 H C- 1 starUstop reuse relay x 1 1 VLC-853 x x 1 24V transformer reuse transformer x 1 enclosure reuse enclosure x Total Points 5 0 2 3 I Control panel CP -15 AHU -15, EF - 4 1 start/stopstart/stop reuse relay x 1 1 fan status reuse deha P x 1 1 PAT temp probe by ATS x x 1 1 RAT temp probe by ATS x x 1 1 space temp Mlcroset II x x 1 reuse wiring 1 CHW valve reuse Bellmo valve x 1 1 electric heater enable/disable reuse relay x 1 1 leconarritzer control reuse Bellmo actuators x 1 1 EF - 4 eta stop reuse relay x 1 1 VL 53 x x 1 24V transformer reuse transformer x 1 enclosure reuse enclosure x Total Points 4 0 2 3 I Page 2 of 5 Renton Community Center points list 11-19-08 Job: Renton Community Center & Carco Theater ATS Point List: Sales Engineer. PSZ v Date: 12/2/2008 Total MOUNTED BY WIRED BY POWER Digital Digital Analog Analog Device/Equipment QTY _ Point Description Device Description Mech Etec Sub DIIA6 Elec Sub REO Output Input Output Input LocationtNotes Control panel CP - 8 AHU - 8, AC - 2, 3, 4) t fan start/stop reuse relay x 1 1 fan status reuse delta P x 1 1 DAT temp be by ATS x x 1 1 RAT temp ETbe by ATS x x 1 1 space temp Microset II x x 1 reuse wiring 1 CHW valve reuse Belimo valve x 1 1 electric heater enable/disable reuse relay x 1 1 economizer control reuse Belimo actuators x 1 3 HO - 2, 3, 4 staigstop reuse relay x 3 1 -853 x x 1 24V transformer reuse transformer x 1 enclosure reuse enclosure x Total Points 6 0 2 3 I I Control panels CP - 9,10 AHU - 9, 10I I 1 fan start/slop reuse relay x 1 1 fan status reuse delta P x 1 1 DAT temp probe by ATS x x 1 1 RAT temp robe by ATS x x 1 1 space temp Mlcrosel II x x 1 reuse wiring 1 CHW valve reuse Belimo valve x 1 1 electric heater enable/disable reuse relay x 1 1 lemnomizerconlrol reuse Belimo actuators x 1 1 override pushbutton override by ATS x 1 reuse wiring 1 FA interface AHU -1a only x 1 reuse wiring 1 VL x x 1 24V Uansormer reuse transformer x 1 enclosure reuse enclosure x Total Points 3 2 2 3 I I Control panel CP -17 AHU -17, EF -1, 2, 5, P -1) n start/stopstart/stop reuse relay x 1 1 fan status reuse delta P x 1 1 DAT temp probe b ATS x x 1 1 RAT temp robe by ATS x x 1 1 space temp Microset tl x x 1 reuse wiring 1 CHW valve reuse Beiimovalve x 1 1 electric heater enable/disable reuse relay x 1 1 leconomlzer control reuse Belimo actuators x 1 1 EF - 5 status reuse CT x 1 2 EF -1, 2 start/stop reuse rate x 2 1 P- 1 start/stopCHW pulp, reuse relay x 1 1 VLC-1188 x x 1 24V transformer reuse transformer x 1 enclosure reuse enclosure x Total Pointsi 1 6 1 1 2 1 3 Pa 15 Renton Community Center points list 1' *18 Job: Renton Community Center & Carco Theater ATS Point List: Sales Engineer: PSZ �- - Date: 12/212008 Total MOUNTED BY WIRED BY POWER Digital Digital Analog Analog -- ^ -- _ _ - _Device/Equipment QTY Point Description Device Description Mach Elec Sub DIM Elec Sub REQ Output Input Output Input LocationlNotes Control panel CP -18 (SF -1, EF - 1 TX -11 DAT terne probe by ATS x x t 1 Spa space tern Microset it x x 1 reuse wiring 1 Men's locker rm space tern Microset II x x 1 reuse wiring 1 Women's locker rm space ternp Microset 11 x x 1 reuse wiring 1 SF-1 status reuse delta P x 1 1 EF - 7 status reuse delta P x 1 1 TX - 1 bypass damper reuse Belimo actuator x 1 1 HC -1 start/slop reuse relay x t 1 VLC•651 x x 1 24V transformer reuse transformer x 1 enclosure reuse enclosure x Total Pointsi 1 0 1 6 f Control panel CP -19 (CH -1, P- 1) 1 CHWS temp reuse wail x x 1 new well sensor by ATS 1 CHWR temp reuse well x x 1 new well sensor by ATS 1 OSA ternp, new sensor by ATS x x 1 1 P-1 status reuse delta P x 1 1 1st stage comp status reuse CT x 1 1 2nd stage comp status reuse CT x 1 1 1st stage cooling enaldls reuse relay x 1 1 2nd stage cooling ena/dis reuse relay x 1 1 3rd stage cooling ena/dis reuse relay x 1 1 4th stage cooling enaldis reuse relay x 1 1 VLC-651 x x 1 i24V transformer reuse transformer x 1 enclosure reuse enclosure x Total Points 4 2 0 4 Global Controller I -- Power x x 1 B M Ethernet x x 1 B M MsrrP x x i B M Modem x x 1 B M enclosure x x 1 24 trap ormer x x Total Points 0 0 0 0 0 o es: also see notes throughout he po nts list new Comm run __.._._____------------- reuse stat and override pushoutton wire In s on ane s --•••---•---- ---- I va es an am er ac ua ors are Nees existing a imo Page 4 of 5 Renton Community Center points list 11-19-08 Job: Renton Community Center & Carco Theater ATS Point List: Sales Engineer: PSZ Date: 12/2/2008 , I Total MOUNTED BY WIRED BY POWER Digital Digital Analog Analog Device/Equipment CITY Point Description — Device Description Mech Elec Sub Dtv18 I Elec Sub REQ Output Input Output Input LocationlNoles AC -1 Stage Area n start/stop reuse relay x 1 1 fan status reuse current relay x 1 1 DAT temp probe by ATS x x 1 1 space temp Microset II x x 1 1 electric heater enable/disable reuse relay x 1 1 cooling ena/dis i reuse relay x 1 1 VLC-550 x x 1 124Vtransformer reuse transformer x 1 enclosure reuse enclosure x Total Points 3 1 0 2 I AC - 2 Auditorium 1 fan start/stop x 1 1 _reusarelay fan status reuse current relay x 1 t DAT temp robe by ATS x x 1 1 space tame Mlcroset 11 x x 1 1 electric heater enable/disable reuse relay x 1 1 cooling ene/dis reuse relay x 1 1 VLC-550 x x 1 24V transformer reuse transformer x 1 enclosure reuse enclosure x Total Points 3 1 0 2 - - I AC - 3 Lobby 1 fan eta reuse relay x 1 1 fan status reuse current rela x 1 1 DAT limp robe by ATS p x x 1 1 space temp Microset it x x 1 1 electric heater enable/disable reuse relay x 1 1 cooling enaldis reuse relay x 1 1 VLC-850 x x 1 24V transformer reuse transformer x 1 enclosure reuse enclosure x Total Points 3 1 0 2 _ — ---- No —Fes: also see notes throughout the o n Is -- ------------__.--.. __.. new Comm run reuse all sensor wino assume ullin new MS/TP from Communi Center Bldgto the Theater utilizin existing underground conduit o a con ro er In auommunityuenterwd Pa )f 5 Renton Community Center points list 1 18 October 15, 2008 Greg Stroh City of Renton Facilities Manager Renton City Hall 1055 South Grady Way Renton, WA 98055 Dear Mr. Stroh, I understand that you would like a description of the status of the Alerton dealership in the state of Washington. ATS Automation, Inc. is the Alerton dealer in the state of Washington for all work except for three counties near Portland, OR. They are the only company directly authorized to sell, install and service our products throughout the rest of Washington State. As the Alerton dealer for Washington, ATS Automation has factory -trained personnel on staff and has access to proprietary products and information that are part of the Alerton Building Management System. This training and the experience ATS has with the Alerton product line makes ATS Automation an unparalleled provider of Alerton products and the services that support those products. Please let me know if you have further questions. We appreciate your support. Sincerely yours, Mark Behar, PE Regional Sales Manager Alerton Cc: Pete Gains; ATS Automation, Inc. CITY OF RENTON COUNCIL AGENDA BILL I ubmitting Data: Dept/Div/Board: Community Services/Facilities Staff Contact: Peter Renner, Facilities Director Ext. 6605 Wbject: Lease Amendment with Vision House for the City - owned house located at 10062 SE Carr Road, Renton, WA 98055 Issue Paper Lease Amendment Al #: or Agenda of: January 5, Consent .............. Public Hearing. Correspondence. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . X Recommended Action: Approvals: Refer to Finance Committee Legal Dept......... X Finance Dept.... X Risk Management .............. X Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $4 over the three- year lease term. Total Project Budget City Share Total Project F ACTION: A social service agency, Vision House, has proposed to extend, by Amendment, the Lease of the City - owned house on the Edlund property, located at 10062 SE Carr Road, Renton, WA 98055 for $1 per year. The original term of the Lease was three years with a one-year extension. The original Lease is set to expire January 30`h, 2009. Business terms of the original Lease have not been altered. They include the opportunity to extend the Lease for one year at the end of the original three-year term; retention of termination rights with 60- day notice by both the City and the Tenant; permission for Vision House to make alterations and improvements and maintenance and repairs entirely at their own expense as well as to pay all utilities; Vision House assumes any excise tax liability, and the obligation for Vision House to acquire and maintain liability insurance that meets City risk management guidelines. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the proposed Lease Amendment with Vision House. S 0 Y COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: December 22, 2008 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor `/%G() f ►v- bL FROM: Terry Higashiyama&ommunity Services Administrator STAFF CONTACT: Peter Renner, X6605 SUBJECT: Lease Amendment with Vision House Issue• Should the City sign an Amendment with Vision House to extend theeir Lease for a City - owned house at 10062 SE Carr Road? Recommendation: Authorize the Mayor and City Clerk to sign the Lease Amendment with Vision House. Background: • In June of 2004, the City purchased the Edlund/Korum Property on Carr Road for future development as a park. • The 17.9-acre site is located in a densely populated area. There are two livable houses and a barn on site. The City has no immediate plans to develop the site. One of the houses fronts Carr Road at 10062 SE Carr Road, Renton, WA, 98055. • The City entered into a Lease Agreement with Vision House to lease the house and its adjoining property, roughly 1.85 acres. Vision House uses the house for a program for homeless men in the second stage of recovery from drug and/or alcohol addiction. • The Police Department has had no calls or complaints related to residents at this property in the past four years. • Staff periodically inspects the house and has found it in good repair. The exterior and lawn have been properly kept. • Vision House's program meets a need for which there is no other service provider in the area. • The proposed lease amendment contains the following business points: o Annual rent is $1. The lease is automatically renewable for a one-year extension at the end of three years. hApeter renner\peter renner 2008\issuepapervisionhouseamend.doc Addressee Name Page 2 of 2 Date of Memo o The Tenant is responsible for all construction -related costs to make the house safe and suitable for their use. o The Tenant is responsible for all repairs, maintenance, and utilities. o Termination is allowed by either party with 60-day notice. o The Tenant shall provide $1,000,000 liability insurance and shall name the City as an additional insured, and shall hold the City harmless. o The City Attorney created the lease document and the City's HR and Risk Management Administrator has also reviewed these documents. Conclusion: The Edlund house has marginal future use to the City as a park structure. However, there are two advantages to leasing it to a social service agency: the community benefits from the services provided, and the avoidance of heavy annual maintenance and/or demolition costs by the City. h:\peter renner\peter renner 2008\issuepapervisionhouseamend.doc ADDENDUM TO LEASE WHEREAS, the City of Renton ("City") as Landlord, and Vision House ("Tenant"), entered into that certain Lease dated January 31, 2005 for property legally described in that Lease; and WHEREAS, the parties wish to. amend the term of that Lease; NOW, THEREFORE, the parties do hereby agree that paragraph 2, Term, is hereby amended to read as follows: effect. 2. TERM: This Lease shall be extended for an additional three (3) years, beginning January 1, 2009. After the extended three-year term of this Lease, it shall be automatically renewed for one (1) additional year, unless notice of termination is given by the City or the Tenant, pursuant to the termination section of this Lease, such notice given at least 60 days prior to the end of the term of this Lease. Except as modified herein, all terms of the initial Lease shall be remain in full force and DATED: January , 2009. CITY OF RENTON: ADDENDUM TO LEASE - 1 TENANT: VISION HOUSE: STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and who signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of the City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: January , 2009. Notary Public in and for the State of Washington, residing at My appointment expires: STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and who signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the of Vision House to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: January , 2009. Notary Public in and for the State of Washington, residing at My appointment expires: ADDENDUM TO LEASE - 2 CITY OF RENTON COUNCIL AGENDA BILL Al /t: Submitting Data: Department of Community and For Agenda of: January 5, 2009 Economic Development Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance ............. Vuong Short Plat (LUA05-156). Resolution............ Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Hearing Examinier's Report Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... X Other. .............. Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for street improvements is approximately 35' x 299 (10,560 sq. ft.) used to create half of a new public access street Chelan Ave NE (along the property's eastern boundary). This dedication is to comply with City of Renton code for new short plats and the Vuong Short Plat (LUA05-156). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. L•\PlanReview\COLSON\Shortplats 2008\Vuong SHPL 06m AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Title: DEED OF DEDICATION Property Tax Parcel Number: 102305-9129 Project Number: LUA-05-0156, SHPL Street Intersection or Project Name: Northeast loth Street and Chelan Avenue Northeast Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1 Seattle Saving Bank 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal description MUST go here. Additional legal on page 3) THE SOUTH ONE-HALF OF THE WEST ONE-HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINTGON; EXCEPT THE SOUTH 30 FEET COVEYED TO KING COUNTY FOR STREET PURPOSES BY KING COUNTY RECORDING NUMBER 4839932; EXCEPT THE WEST 164 FEET The Grantor, as named above, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the following described real estate situated in the County of King, State of Washington; This dedication is required as a condition for development of property. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _day of 20_ GRANTOR(S) Mayor GRANTOR(S) City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box , signed this instrument and Acknowledged it to be his/her/their free and voluntary act for uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires Dated: Page 1 of 5 INDIVIDUAL FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: CORPORATE FORM OFACKNOTYLEDGMENT Notary Seal must be within box STATE OF WASH]NGTON ) SS COUNTY OF KING ) On this day of 20_, before me personally appeared to me known to be of the corporation that executed the within uistrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Page 2 of 5 EXHIBIT A Legal Description THAT PORTION OF THE SOUTH ONE-HALF OF THE WEST ONE-HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINTGON; EXCEPT THE SOUTH 30 FEET COVEYED TO KING COUNTY FOR STREET PURPOSES BY KING COUNTY RECORDING NUMBER 4839932; EXCEPT THE WEST 164 FEET; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL OF LAND BEING A POINT ON THE NORTH MARGIN OF NORTHEAST 10'-" STREET; BEING THE TRUE POINT OF BEGININNG; THENCE NORTH 00003 "48" WEST ALONG SAID EAST LINE OF SAID PARCEL, A DISTANCE OF 299.12 FEET; THENCE NORTH 88031'46" WEST ALONG SAID NORTH LINE OF SAID PARCEL A DISTANCE OF 35.01 FEET; THENCE SOUTH 00°03'48" EAST A DISTANCE OF 278.54 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 20.00 FEET. AN ARC LENGTH OF 31.97 FEET AND A CENTRAL ANGLE OF 91034'24" TO A POINT OF TANGENCY ON THE NORTH MARGIN OF NORTHEAST 10TH STREET; THENCE SOUTH 88029'24" EAST ALONG THE NORTH MARGIN OF NORTHEAST 10"" STREET TO THE POINT OF BEGINNING. SITUATE IN THE SE QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON Page 3 of 5 EXHIBIT "B" Map Exhibit S88'29'24"E 167.07' 01 NE 10TH STREET 164.03' Page 5 of 5 AdO Count Of Mngtan of t oailfy that 1 turns a haw wt -foot arY 4n10«toe toot od t1 kwtnr.lant and +owAadped It to be i NO untary oet for tho u+.M and "0049 me+ltpn . Ms lns#rum enll sWW" Of Notary Pub"a oat.d NE'11TN ST }�► 110 NE sm SITES HE OTN St VICINITY MAP ..v.va�il.GR J t.CR Iltit.:�i It'.No. - ed for record th(a ^doy of .20— qt` I book_____of- -,,,, Ot Page at the request —Mounlr N. T�.n— tt �+�•• —t3•-�to t� S 992;24` E 1� I � 1 1 4 4400 sq.ft. P.234 sq.ftl m Z t O.tO ocrog I0.14 Qcreal 1,%3b2 sq. f!. I S aQ79'24 E 2 ftw*24 E 2&tr 2 4,443 agJt. ?ta is a.10 acres EX NOLa 6,211 A-9JI ` 0.14 4crej L ,. t r _ i- n-V 1 ' NE 14TH STREET C.OAR. WON P.348 FND I—/2" S 84290.24` E �., o ASS olst; �t uKc�+ MARK LEGAL OESC 4 X4.CONC MON W/CASE (6/17/0S) N-1S.3.891:4502 (RENTON) E=1,300.377.4087 (R04TON VW 1 /4 Cr SEC 10-23-5 FNQ 1-1/r BRASS DISC "'- W/PUNCH MARK ON rX4- CONO MON W/CASE ($/17/05) N•183.748,660Q (KCAS) E-1.671.255.964'3 (xcA THE SOUTH HALF QEIAR7ER C 771E NoR7NWE'sr O AR' RANGE 3 FAST. 4fW, EXCEPT THE sour, �'OR S7I4EfT PVltP lYU1�l8ER 48J893.'?; EXCEPT THE ML W7UA7E 1N ME CI OF WASHINOWN This mop correctly represents a survey mode by me or under my d.irec�tion in conformance with the requirements of the Survey Recording Act at the request of n Karl Inman in June 2005 . Mgr. Sup . of *cards No. 9470 February 21, 2006 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: Coya-ZA1 l CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: Von Karl Inman 10800 NE 6"' Street, Ste. 200 Bellevue, WA 98004 Binh and Thatha Vuong 4532 NE 10'' Street Renton, WA 98059 Tom Touma Touma Engineers 6632 S 191" Pl., Ste. 102 Kent, WA 98032 Vuong Short Plat LUA 05-156, SHPL-H 4532 ME 10"' Street Hearing Examiner Short Plat approval for a seven (7) lot subdivision of a 1.13-acre site. For the future development of detached single-family homes. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on February 9, 2006. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the February 14, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, February 14, 2006 at 8:59 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Preliminary Short Plat application, proof of posting, proof of publication and other documentation pertinent to this request. Vuong Short Plat File No.: LUA-05-156, SHPL-H February 21, 2006 Page 2 Exhibit No. 3: To o, Utilities and Tree Plan Exhibit No. 4: Landscape Plan Exhibit No. 5: Zoning Ma The hearing opened with a presentation of the staff report by Valerie Kinast, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located north of NE I Oh and west of Duvall in an area that was recently annexed into the City. The site is zoned R-8, the Comprehensive Plan designation is Residential Single Family. The subject site consists of one parcel that is 1.13 acres. The plan is to subdivide into seven (7) lots for eventual construction of single- family detached homes. There is an existing house that will remain on the site, the shed and detached garage will be demolished. Access to the lots would be via NE 10`h Street and a new public half street along the east property line, and a private access easement. The net density for the site is 7.91 dwelling units per acre, which complies with density requirements for the R-8 zoning designation. The proposed lots meet all size requirements for the R-8 zone. Because the access easements between Lots 4 and 5 need to be extended onto the lots in order to provide adequate access, Lot 4 needs to be adjusted to meet the required lot size. The setbacks on several of the lots do not appear to be correct and should be noted that sideyard setback from an access easement is 15 feet for primary structure and 20 feet for the garage. This affects Lots 3 and 6 as well as Lots 4 and 5. Staff asked that.the preliminary plan be redone with the correct setbacks and resubmitted for review. The new public half street is required to be 35-feet wide with 28-feet of paving and 5-foot sidewalks on one side. No parking will be allowed on the other side. Sidewalks, curbs, gutters and streetlights will be required along the frontage of NE 10`h Street. Access to Lot 1 would be via NE 10`h Street, Lot 2 is a corner lot and could be accessed from NE 10`h Street or from the new half street. Lots 3, 6 and 7 would access directly from the new half street and Lots 4 and 5 would gain access via an access easement from the new half street. The access easement is proposed to have a width of 26-feet and then drop to 20-feet as the easement gets closer to the lots that it would serve. It was recommended that a maintenance agreement be established to create maintenance responsibilities for the shared private access and utilities easement. The site slopes slightly downward from east to the west. The lot is vegetated with grasses, some shrubs and blackberry bushes. This will likely be removed to construct the half street and other improvements as well as the homes. There are six existing trees on the site, two trees, a maple and a fruit tree would be removed, the remaining are proposed to be retained. Vuong Short Plat File No.: LUA-05-156, SHPL-H February 21, 2006 Page 3 The landscape plan that was submitted shows 13 new trees, however they are not located in the front of the lots, as code requires. The required 5-foot landscape strip along all public street frontages is also not addressed with the plan. A revised landscape plan needs to be resubmitted for approval. The short plat application was routed to police, fire and parks departments, all departments indicated that there are sufficient resources to serve the new lots. Fire, Traffic and Park Mitigation Fees are to be imposed as a condition of short plat approval. Tom Touma, Touma Engineers, 6632 S 191" Place, Ste. E102, Kent 98032 stated that he had no problems with the recommendations made by staff. He did question as to how far the access easement between Lots 3, 4, 5 and 6 had to extend into the lots, just to the point of the driveway or all the way across the two lots. The Examiner stated that it would have to extend at least to the driveways. The lot line between Lots 3 and 4 will still have to be adjusted to meet City Code. The Examiner expressed his need to have the plat redesigned before it is approved. He needs to see the easements, the setback lines drawn correctly, the trees and landscape plan are incorrect, there are a number of points where the plat has failed and the corrections need to be made. Robert Key, 1008 Anacortes Ave NE, Renton, WA stated that he had written a letter with some concerns; that the plat be required to put in adequate sidewalks and storm drainage that is hooked up properly to the City's system. The retention pond, which belongs to the City of Renton, was built a couple years ago, the City did not put in sidewalks at that time, it seems that it is time to put in sidewalks in order to connect the old and new neighborhoods and provide safe walking for the high school students. Kayren Kittrick, Development Services stated that the sign at the end of the new road must state that this road will at some point be developed through. NE 10'h must have signs stating that there is no outlet. The 20' easement onto Lots 4 and 5 is typical, they just need to get them onto their lots and the driveways can be accommodated accordingly. The 2005 Stormwater should be used, they are mostly concerned that all the homes are connected to the new system and using the pond seems to be within the design parameters. The existing home must be connected as well. Sidewalks are required along NE 10`h Street, part of it is the City's responsibility. She will make sure that this project is moved forward to have it all done at the same time. The turnaround is adequate for what is needed at this site. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:29 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The applicant, Von Karl Inman, filed a request for a Short Plat. Vuong Short Plat File No.: LUA-05-156, SHPL-H February 21, 2006 Page 4 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit # 1. The Environmental Review Committee (ERC), the City's responsible official determined that the proposal is exempt from environmental review. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 4532 NE loth Street. The subject site is located on the north side of NE 1 Oth. Anacortes Avenue NE is located west of the site while Duvall Avenue NE is located east of the site. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family - 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 5012 enacted in June 2003. The subject site is approximately 49,105 square feet or 1.13 acres. The parcel is rectangular and is approximately 164.43 feet wide (east to west) by 299.02 feet long. 10. The subject site slopes downward to the west with slopes ranging from approximately 6 to 8 percent. 11. An existing home on the site will be retained while other outbuildings will be removed if the plat is approved. 12. There are no sensitive areas on the subject site. 13. The applicant proposes removing two of the larger trees while retaining four trees. The lot also contains grasses, blackberry bushes and shrubs. Along with the two trees, this other vegetation will be removed to allow development of the parcel. 14. The applicant proposes dividing the parcel into seven lots. The existing home would be retained on Proposed Lot 2 in the southeast corner of the plat. The lots would be arranged in two tiers. Proposed Lots 1, 4 and 5 would be located along the western property line with Lots 4 and 5 designed as interior lots. Proposed Lots 2, 3, 6 and 7 would be located along the eastern portion of the plat abutting a new north -south public roadway. 15. Proposed Lot 1 would have direct access to NE loth Street. A new north -south roadway would be extended north from NE 1 Oth Street. It would be a half street and would have a stub end at the north property line. Proposed Lot 2 would be a corner lot and could take access from either NE 1 Oth or the new roadway. Proposed Lots 3, 6 and 7 would have access to the new roadway. Proposed Lots 4 and 5 would be interior lots with access via an easement across Proposed Lots 3 and 6 to the new roadway. The applicant did not appropriately extended the easement into Proposed Lots 4 and 5. Staff recommended that the easement extend 20 feet into those lots. Vuong Short Plat File No.: LUA-05-156, SHPL-H February 21, 2006 Page 5 16. The new half -street roadway would be 35 feet wide and eventually be extended to the north and a sign was proposed to alert new residents that this road would serve additional traffic and could be a through - road in the future. The easement for Proposed Lots 4 and 5 will also serve as a turnaround. 17. Staff recommended that Lots 1 and 2 have their front yard along NE 10th. Proposed Lots 3, 6 and 7 would face the new road. It was recommended that Proposed Lots 4 and 5 face each other. 18. Staff noted that the applicant did not subtract the easement areas from the proposed lot areas. This reduction would make Proposed Lot 4, already designed at the minimum 4,500 square feet required, undersized. Staff recommended that the lot areas be recalculated and Proposed Lot 4 be enlarged. 19. Staff recommended that the easement's maintenance be defined with homeowners' covenants or agreements. 20. The setback lines were incorrectly depicted on the submissions and would need correction. 21. The density for the plat would be 7.91 dwelling units per acre after subtracting the roadway and easement areas. 22. The subject site is located within the Renton School District. The project is expected to generate approximately 3 school age children. These students would be spread across the grades and would be assigned on a space available basis. 23. The development will increase traffic approximately 10 trips per unit or approximately 60 trips for the 6 new homes. Approximately ten percent of the trips, or approximately six additional peak hour trips will be generated in the morning and evening. 24. The City constructed a stormwater pond on property west of the subject site that had been part of the subject site. Stormwater will be directed to the new half street. Stormwater flows could be handled by a detention system located immediately west of the site. 25. Sewer and water service will be provided by the City. 26. There is a tentative development proposal for the property to the east, which would allow for the development of a full street section adjacent to the subject site in the near future. 27. The City has adopted mitigation fees for transportation improvements, fire services and parks and recreational needs based on an analysis of the needs and costs of those services. These fees are applied to new development to help offset the impacts new homes and residents have on the existing community and the additional demand for services. CONCLUSIONS: 1. The proposed short plat appears to serve the public use and interest although the applicant will have to modify the plat drawings to reflect the proper lot areas, building envelopes and setbacks. 2. The plat creates additional housing opportunities for single-family living. The plat creates rectangular lots that are perpendicular to either a public street or private easement. The easement will provide both access and emergency turnaround space. Vuong Short Plat File No.: LUA-05-156, SHPL-H February 21, 2006 Page 6 There are appropriate utilities to serve the site including City water and sewer. Stormwater was accommodated to some extent with the development of the detention pond to the west of the subject site on what was the same ownership. 4. The development will increase the demands on the City's parks, roads and emergency services. The applicant shall therefore help offset those impacts by providing mitigation that matches the fees established by the City. 5. As submitted originally, the applicant did not appropriately calculate the lot sizes since the applicant did not account for the easement area. Appropriate calculations will require that Proposed Lot 4 be enlarged by adjusting other property lines but sufficient area will allow this adjustment. As also noted, the building envelopes were not characterized properly and this will need to be corrected. 6. In order to create a sense of community, the homes need to be oriented to one another and adjacent development appropriately. Therefore, staffs recommendation on front yard placement is appropriate. The existing home on Proposed Lot 2 and its shallow western yard require a front yard orientation to the south. 7. Since the new north -south roadway will be extended to the north eventually, a sign needs to be erected that informs potential residents of this plat that additional through -traffic will occur on this roadway. The easement for access will require the cooperation of the owners of four homes and documents acceptable to the City Attorney will need to be drafted and submitted. 9. In conclusion, the short plat appears to appropriately meet the needs for more housing while offsetting to some extent the impacts on the community that new housing and new residents will create. DECISION: The Short Plat is approved subject to the following conditions: The applicant shall be responsible to pay for a sign that informs potential residents of this plat that additional through -traffic will occur on this roadway. The short plat map may also incorporate a similar notice on the face of the plat. 2. A revised landscape plan shall be submitted at the time of application for construction permits. The landscape plan shall depict the required landscape strip on the lots fronting NE 10`h Street and the new public half -street. It shall show species, size and spacing of plantings in the required landscape strips. Two trees shall be depicted in the landscape strip or front yard area of each lot. An irrigation system shall be proposed, if drought resistant plants are not proposed. If an irrigation system is planned, this shall be depicted on the construction drawings. A revised plat plan shall be submitted at the time of application for utility construction permits from the Development Services division. The plat plan must show the access easement to Lots 4 and 5 extended onto those lots to allow adequate access to the lots. It must also show an adjustment of the lot lines such that Lot 4 then meets the minimum lot size of 4, 500 square feet after subtracting the area of the private access easement from the lot area. Vuong Short Plat File No.: LUA-05-156, SHPL-H February 21, 2066 Page 7 4. The front yard area assigned to proposed Lot 4 shall be the area located along the north property line of the lot, and the front yard area assigned to proposed Lot 5 shall be the area located along the south property line of the lot, such that the lots front each other. A maintenance agreement shall be created concurrently with the recording of the short plat between proposed Lots 3, 4, 5, and 6 in order to establish maintenance responsibilities for the shared private access and utility easement and associated improvements. The agreement shall be placed on the face of the final short plat prior to recording. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 for each new single-family lot prior to the recording of the final plat. 7. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per new average daily trip attributed to the project prior to the recording of the final plat. 8. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. ORDERED THIS 21 S` ay ebruary 2006 ILI��>, FRED J. KAUFP. AN HEARING EXM.41NER TRANSMITTED THIS 21S` day of February 2006 to the parties of record: Valerie Kinast 1055 S Grady Way Renton, WA 98055 Tom Touma 6632 S 1915` Pl., Ste. E102 Kent, WA 98032 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 Robert Key 1008 Anacortes Ave NE Renton, WA 98059 TRANSMITTED THIS 2 1 " day of February 2006 to the following: Mayor Kathy Keolker Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison -Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Binh and Thatha Vuong 4532 NE 101h Street Renton, WA 98059 Von Karl Inman 10800 NE 61h St., Ste. 200 Bellevue, WA 98004 Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., March 7, 2006. Any aggrieved person feeling that the decision of the Vuong Short Plat File No.: LUA-0.5-156, SHPL-H February 21, 2006 Page 8 Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., March 7, 2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. APPROVALS: CITY OF RENTON DEPARTMENT OF ASSESSMENTS RECORDING NO. SHORT PLAT CITY OF RENTON Admhl.troter VOL- PAGE RENTON, WASHINGTON a h•�ahg/bul4ns/PoMe W-ea Emnhed -d e°° °"d "' — day of ------- 20-- CERTIFICATION AT�ON Exemhed end approved this -- day at 2D— '0 tl SCALE: I` KNOW ALL PEOPLE 6Y 7KESE PM3WW that r•, u• u eU Mrpl V, the lend 1, dlort whelvlpee, de h•roWertt*od oep•ro u1. 'h0't "'m.. th.1 AdmhNlrot> Aaeounl NvnbW 102305-2129 PORTION OF a' mop to a u. groyle ,•r,ee,,,t,yd, wh rk=4 Of 1M 4ome, sae not .hurt .abeM.1W1 1. rood• With 1he e•e wn,Ut ono M •oaordwe• elU IM Qe,k• of the eenen N.W. CORNER SEC 10-23-5 NE 7 /4 OF NW 1 /4 OF SEC 10. TWN 23 N, RG 5' E. KM, a vnntE3s aNEAEaF C.O.R. MON }159 FND 1-1/2' .. ,a eur haiei „a ..d. BRASS DISC WJpUNCH MARK WA-XX-XXX-SNIPE "tee OAfT1 NNX12M 5T hDunaCAvE LNO-XX-XXX "•^'• NE (6/17/05) ACKNOWLEDGMENTS N-186,373,1000 (KCAS) E-16712-16,115s KCAS) LEGEND 1 4, 4 � SEC CQQNER Ism stet. a wer Wpt„ County a I r - - - - 1 I % ( C QUARTER CWiNER SURVEY NOTES Wily that I Ivlo. or hevs •alifoot aY evMWtee Mal � 1 _ $ I 1 $ I g Z • FOUND REBAR INSTRUMENT: NIKON TOTAL STATION DTMAIOLC METHOD USED: •�•e.th1. heHunigll ale ed,ne•kdpio It to Le O.M1/nr) tn. Dire untery ae1 la ue uw. Dire pwpe•w men h u4 I 4 9.1 0 .q.fl.l tE Q.10 acraej FIRED TRAVERSE PATH ACTUAL FIEND MEASUREMENTS AND ANGLES h.Nvm4nt 1 L • SFT REBAR W AP /L WAC 332-130-o90 GATE OF SURVEY: JJNEL, 2005 ^P� I 5 i i at Od•St dt q BASIS OF BEARINO: WEST LINE OF NW 1/4 OF SEC 10-23-05 (RENTON •MON vvI f7.162 aq.ft.1 I 6 I � BENCHMARK: CITY OF 11848: 1 1/Y BRASS Pub°Ia. 1 0,16 0cra9 I I 5,394 egdd A.12 oeros OIS WITH PUNCH MARK IN CONCRETE MONUMNET IN CASE AT THE ELEV - Gatedas i I ie1 I (4,506) sq.ft. �r *� 411.29 (125.36M) NY appoht-m eep►,. R� L _ _ _ _ J I ii ENGINEER / SURVEYOR •aMO�'ho10° --'ra�,'iy� ---� 5 - .2 TWMA ENGINEERS h LAND SURVEYORS 6632 S 191et PLACE SUITE E -102 Ceupe $� " •�• W KENT WASHINGTON 98032 _ 1 oMt(y that 1 M+ve or have .otliloaay evk— !lint S-t32C24' E{ -A - (425) 251-oss3 �--- tg `L r- I OWNER Yfn.d OEM h•Wmmt aM od�mo.IMpW It 10 !. (MMtS) R•e one unlay net far ih• vy ens pu.poe•h m Ike, h the he4omenL 4 IE �+ I I ,l 1 I BINH WONG AND THATHA WONG 4532 NE 107H STREET yry, 4 4 .500 eq. ft, Ft I P.234 sq•ftl 0.14 acres 9 RENTON. WA 98059 of M= 0.10 OCr09 L - - - - I 1 ' aq.f'. giSREsn� w I CN0.0 Z APPLICANT VON KARL Notary 4 I5,352 1aW'f—t=40,T INMAN 330 SW 43RD j1(S2S Ga NY appohl-vt evp9a S •24 E U - S es•29 z4 E RENTON, WA 90055 206-719-8608 2&9T 2 W ¢ I VICINITY MAP id for record this^doy of 20_ at— book_of,_ot page_ at the request Mounir H. Toumn Mgr. Supt. of ;cords 4543 aq.rt. g S no C 16.211 iq.rL ¢ g SHORT PLAT ,DATA 0.10 ocros EE1 � 0.14 pose > Z TOTAL SHORT PLAT AREA . 49,105 sq, ft. PUBLIC ROAD - 10,560 aq. ft- NUMBER OF CATS PROPOSED - 7 31.OI' CURRENT ZONING - R 8 DENSITY PERMITTED - B UNITS PER ACRE • 164,0- 4 DENSITY - 7.91 OU/ACRE 'b PROPOSED SQUARE FOOTAGE OF TNELOTS _ NE I OTH STREET $: I 1 - 4.543 •4. fL _ 328.0J' 2 - 6.211 6q. R. ee7as4�_.� _ _ {� _ - 5,234 i9 CAR. MON /1848 FND 1-/2- s e �(— 4 3 - 4,500 sq. IL sq ft T BRASS DISC WyPUNCH MARK LEGAL DESCRIPTION 5 - 7,162 sq, fL ON 4'X4- CONIC MON W/CASE 6 - 5,394 sq. rL (6/17/05) THE SOUTH HALF OF THE HEST HALF OF THE SOUTHWEST... --- _-------- - ..... ...... ._..._._. _ .8-._.. 4,5.O.Q.Aa..ti......._..__.._...___._..___...__.._..1 — N-187,891,4502 (RENTON) QUARTER OFTHE NORTHEAST QUARTER OF THE ---- n E-1,300.377,4037 (RENIGN NORTHE£ST QUARTER OF S£CTTON 10, TOWNSHIP 23 NORT RANCE 5 CAST, W,M„ 1N KING COUNTY, WASHINCTON, Fi WEST 1/4 OF SEC 10-23-5 EXCEPT THE SOUTH 30 FEET CONOW TO- Klok COUNTY' �/y_, FND 1-1/2' BRASS DISC FOR 57 �JPURPOSES VY KING COUNTY RECORDING Exi°:ti�bil(.Gd.. —W/NC WO MARK ON 4'X4' EXCEPT THE WEST 184 FEET THEREOF / cafc MON w/asE (6/17/05) SYTUATE IN 114E CITY OF R£NTON, COUNTY OF KING, STAT( N-183,748,66011 (KCAS) OF WASHINGTON E-1,671,255,964S (KCAS) -AND SURVEYORS CERTIFICATE - This mop correctly represents o survey made 01 * VUONG SHORT PALT by me or under my direction in Conformance A9 TOUWA ENGINEERS 4532 NE TOTH STREET with the requirements of the Survey Recording i RENTON. WA 95059 Act of the request of n Karl Inman - NEST VALLEY EXECUTIVE PARK in June 2005 / e. OWN, BY 0032 SWM LINT MCC, SCAR C-102 •KENT. WA s0OT2 DAN I. DA�JUNE, 2005 JOB N0. ;:_ Al I.IID PNWE (414) 251-0005 FAX (425) 231-4025 900-001-061 4/efal CHKD. BY SCALE N011'0 SHEET ..e Certificate No. 9470 MINT 1 0t3� La Qf U9 zz J�O U Q Q M(Y N� ti 29.9.12'. N00'03948"W .......��. '02 I O Q _ W ----------------N p - ------------------- _ 278.54' N 00'03'48" W �� L Z W 60.00' 71.92' `� 83.15' 63.47' L4 kl k Li uj cn ` �� ' ' r QL Q 1 d til cv� I � W, W co v r� c� c0 I N O e p V' o o r rn N , ;� N, o ,n r It (/� (0 N Q p ti 1 te r- � �- � I i � � r- o .- i - -�' I o f °, c� rY ►- --- c�- _ � i 3 i co N rn I co w _ I 00 W C x� IQ 155010 171.92' ' - - 84.03 O O Co .- 131.92- - - - - - - 7r) : n r _ cn FN-80'83'48" i N� Z iN �I I �� i i V)o CI)I `� , I V° � I I V) I W : ZLLI LLJy V) I u N c� i � I o o I i o I I N Y (n Z zo = 0 299.02' N00ro8'00"W Z o W ' :D :2 ,OF 00 D M \zV) o I I �3z o o `0 jV)�o U V �. N�►ri�l WLO i Off: nrn o(D V) X Z X (D Z W� I (n 31 m O Q Z Z W N UJI O Z II (3000 Z (Sd3W) �Z'1'Z9Z M „20,9Z.00 N (S`v3>0 ,60*t�zgz 0N12NV38 30 SISVG (S`d3W; CITY OF RENTON COUNCIL AGENDA BILL >ubmitting Data: Dept/Div/Board.. Human Resources & Risk Management Dept. Staff Contact...... Nancy Carlson, Administrator X 7656 bject: Contract renewal with Third Party Administrator for Workers' Compensation claims: Berkley Risk Administrators Co., LLC Contract with Berkley Risk Administrators Co, LLC, for 2009 ar a: �3 — � or Agenda of: January 5, 2009 tatus Consent .............. x Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Council concur Legal Dept......... x Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $32,025 Amount Budgeted....... $32,025 Total Proiect Bud OF ACTION: $32,025 Transfer/Amendment...... . Revenue Generated......... Share Total Project.. The contract is an agreement between the City and Berkley Risk Administrators Company, LLC, to administer the City's workers' compensation claims. Over the past two years, this company's service to the City has been excellent. The City's cost for 2009 is $32,025 for up to 80 claims. Any claims over 80 will be administered at a cost of $480 per claim. For 2008, the rate was $30,500 for up to 80 claims; for any claims over 80, we paid $410 per claim. I AV V KEUV1VEV1E' 1V1JA 11V1N: Approve the renewed agreement for 2009 with the City's third party administrator for workers' compensation claims, Berkley Risk Administrators Company, LLC, entitled "Agreement to Administer Self Insured Claims", and authorize the Mayor and City Clerk to sign the Agreement. AGREEMENT TO ADMINISTER SELF INSURED CLAIMS 'or adequate consideration, Berkley Risk Administrators Company, LLC ("Servicing Company") and City of Renton ( 'Client") .iereby agree as follows: A. PARTIES 1. Client is authorized to self insure itself for purposes of workers' compensation liability under the laws of the State of Washington (the "Program"). 2. Servicing Company has a principal place of business at 222 S. Ninth St., Ste 1300, Minneapolis, Minnesota, is an administrator of statutory workers compensation claims and is authorized to administer claims under Washington law. B. SCOPE OF SERVICING COMPANIES' SERVICES 1. Self Insured Claims for Statutory Benefits Berkley will record, administer and adjust all new and run-off claims arising out of the Program and reported to it by Client for the life of the contract. 2. Standard of Performance Berkley will process and adjust claims for statutory benefits in accordance with the relevant state laws and regulations and in accordance with the following contractual standards: a. After acknowledging the claim, Servicing Company will conduct or direct an investigation as it deems necessary and appropriate for any loss in order to determine compensability. In carrying out the investigation, Servicing Company may in its discretion retain the services of other independent contractors with expertise in areas such as field investigations, surveillance, and pay these added costs as an allocated expense. b. Servicing Company will evaluate and make recommendations concerning coverage and liability issues and set reserves in good faith based on the facts and information documented in the individual claim files. Any single change in reserve greater than $10,000 will be communicated to Client. Servicing Company and Client will review the reserves together at least once every 3 months. Servicing Company will assign defense counsel to all litigated claims reported to it. Servicing Company will monitor any developments in the case, insure that counsel is attentive to the matter, and report back to Client as necessary or as requested by the Client. d. Servicing Company will evaluate potential subrogation rights of Client and will assert those rights that it believes are likely to yield a benefit to the Client. Notwithstanding any judgment made by Servicing Company about whether to pursue a subrogation claim, the Client reserves the right to instruct Servicing Company to assert or not assert any meritorious claim. e. The mechanism for determining Servicing Company's compliance with claim performance standards will be a joint review of claim files by Servicing Company and the Client which will occur at least quarterly. These performance standards do not imply or guarantee a particular claim result. 3. Claims Renortin2 Servicing Company will provide the following reports relevant to claim handling: a. Accounting reports will include: (i) weekly or monthly listing all Checks issued for payments made from Client's bank account described in Section C.2.02; (ii) monthly reports itemizing all claims processed by Servicing Company during the preceding month, including reports giving the status of losses, payments to date, estimated reserve amounts and other details relating to losses for purposes of Client's loss analysis. Customized reports are available upon request at no additional charge unless the report requires additional programming. b. Servicing Company will provide the State of Washington and industry associations having jurisdiction over workers' compensation matters with all information and forms required of self insured employer relevant to claims activities. 4. Records Retention Servicing Company will be responsible for the records retention of all the City of Renton Workers compensation files. Servicing Company will retain the files either on site at their business location or with a company acceptable the City. Servicing Company will secure written approval from the City prior to making arrangements with another storage facility. Servicing Company is required to keep City of Renton Workers Compensation files until this agreement terminates. Destruction of the files is at the City's discretion. Servicing Company will be notified in writing by the City to request destruction of any files. Upon termination or cancellation of this contract Servicing Company will work with the City to transfer all files at the City's direction. C. CLIENT'S DUTIES 1. Servicing Company's Fee. For the services described in paragraph 1.02, Servicing Carrier will be paid the following fee: Client will pay Servicing Company a minimum annual claims service fee of $32,025 for a total of up to 80 new or reopened claim files during an Agreement year. For each additional claim that is opened or reopened, Client will pay servicing Company $430 for each claim. "Time Loss" claims are 1) any claims that involve exposure or requests for total temporary disability, loss of earning power or permanent impairment/disability; 2) claims which involve third party subrogation investigation or recovery efforts; 3) claims where the worker is represented by legal counsel or the claim is in litigation; 4) asbestosis claims; 5) hearing loss claims. Such claims are considered "Time Loss" claims for purposes of this Agreement, regardless if time loss or indemnity benefits are incurred or paid. "Medical Only" claim means a workers' claim (a) for which only medical treatment is sought or at issue and all such medical treatment is obtained within ninety (90) days after the initial treatment date and (b) that does not exceed a total monetary payout of over $2,500.00. A pro-rata amount of the annual fee will be billed prospectively every month. Servicing Company fees are subject to a 3 percent increase on January 1, 2010 and January 1, 2011 respectively. 2. Funding Claim and Program Account Client will establish, fund and reconcile a bank account or accounts for the payment of claims, allocated loss adjustment expenses, and Program expenses at a bank of its choice. Servicing Company is not an insurer and as an administrator of claims does not finance, fund or otherwise act as surety for claim and Program expenses. Servicing Company will have Client's authority to issue checks on its behalf drawn against said bank account to pay claims, claim expenses, and other Program expenses. Servicing Company will contact Client by telephone or e-mail to obtain authority for any payments that exceed $10,000.00, and will require secondary approval (or like kind internal processes to safeguard against unauthorized issuance of checks) for any check to be drafted in an amount equal to or greater than $10,000.00. Client will monitor the bank account balance to insure there are no funding deficiencies. Allocated loss adjustment expenses include, but are not limited to, legal defense costs, independent medical evaluations, photocopies, medical records, police reports, surveillance, court reporter fees, transcript fees, copies of depositions, expert witness fees, fling fees, field investigations, and rehabilitation services. Program expenses include, but are not limited to, assessments, taxes and audit, legal and actuary fees. 3. Communications: Client agrees to give Servicing Company prompt notice of claims in a verifiable format, to forward on a timely basis all necessary and relevant claim and participating client employer information, and to respond to requests for information or requests for required payment authorization in a prompt manner. 4. Legal Advice: Client understands and acknowledges that Servicing Company does not provide legal advice D. TERM AND TERMINATION 1. Term and Termination. This Agreement is effective January 1, 2009, and shall run for 24 months, and may be extended thereafter with the written agreement of both parties. The terms of this Agreement will apply to any services performed beyond the stated terms. Either party may terminate this Agreement for any reason or no reason, without penalty, by giving notice to terminate this Agreement. Except for failure to pay fees or find claims, termination will be effective sixty (60) days after notice is given. If Client fails to pay fees of fund claims, termination is effective 15 days after notice is given subject to Client's right to cure within the first 10 days after notice is mailed. 2. Procedures on Termination. In the event this Agreement is terminated, all obligations of Servicing Company under Part B of this Agreement will cease. Servicing Company will render a final accounting of Client's claims and return all of Client's claims and financial or other records as they are kept in the ordinary course. E. INDEMNIFICATION AND LIMITATION OF DAMAGES 1. Servicing Company's Duty of Indemnification Servicing Company agrees to defend, indemnify, and hold the Client, its officers, directors, employees and agents harmless from any and all claims, damages, costs and expenses, including reasonable attorney's fees, proximately caused by Servicing Company's material breach of this Agreement or Servicing Company's gross egligence that materially and substantially causes the Client's loss or injury. Servicing Company shall have no obligation to ,idemnify, defend or hold harmless Client and Client's officers, directors, employees or agents for any claims or demands, actions, damages, costs and expenses that are an inherent business risk in operating a self insured employee leasing business. Servicing Company agrees to notify Client in writing of any threatened or actual lawsuit against Servicing Company or Client. This provision shall survive the termination or expiration of this Agreement. 2. Client's Duty of Indemnification Client agrees to defend, indemnify and hold Servicing Company and its officers, directors, agents, affiliates and employees harmless from any and all claims, damages, judgments, liabilities or expenses, including reasonable attorneys' fees, incurred by or imposed upon Servicing Company that arise out of services under or related to this Agreement except that Client will not owe Servicing Company any duty if Servicing Company materially breached its obligations under this Agreement or was grossly negligent and the breach of contract or gross negligence materially and substantially caused the loss, liability or like injury. In the event Servicing Company, its employees or agents receive a subpoena, Client will provide legal counsel to assist in responding and/or resisting the subpoena at no cost to Servicing Company. This provision shall survive the termination or expiration of this Agreement. 3. Limitation of Damages EXCEPT AS MAY BE REQUIRED UNDER THE INDEMNIFICATION PROVISIONS, SERVICING COMPANY AND CLIENT AGREE THAT IN NO EVENT WILL ONE BE LIABLE TO THE OTHER FOR PUNITIVE DAMAGES, LOST PROFITS, CONSEQUENTIAL, OR INCIDENTAL DAMAGES THAT ARISE OUT OF OR RELATE TO ANY BREACH OF ANY LEGAL DUTY WHETHER FRAMED AS A BREACH OF CONTRACT OR TORT CLAIM. SERVICING COMPANY AND CLIENT AGREE THAT EACH'S LIABILITY TO THE OTHER FOR DAMAGES FOR ANY OCCURRENCE OR RELATED OCCURRENCES WILL NOT EXCEED PROVEN DIRECT DAMAGES OR AN AMOUNT EQUAL TO ONE YEAR'S FEES UNDER THIS AGREEMENT, WHICHEVER IS LESS. THIS CALCULATION OF DAMAGES IS INTENDED TO BE EXCLUSIVE. 4. Limitation of Action or Arbitration The limitation of any action for any claim arising out of or related to this Agreement will accrue from the date of breach, run for a 2 year period, and thereafter will be barred. CONFIDENTIALITY AND PRIVACY REQUIREMENTS 1. Non-public Personal Information Servicing Company and Client each have obligations to safeguard non-public, personal information under federal and state privacy laws and regulations. Each party hereto agrees to comply with these laws and represents and warrants that it will not take action that will violate these laws or cause the other party to be in violation of such Privacy Laws. It is, however, understood and agreed that the documents containing non-public personal information are part of the claims file and, as such, are the property of Client. Servicing Company will follow Client's instructions regarding the use or sharing of these documents and Client will defend, indemnify and hold Servicing Company harmless from any expense, claim, investigation or liability that may arise from Servicing Company's compliance with Client's instructions. 2. Prohibition Against Disclosure Except as may be authorized by a claimant or as otherwise authorized by law, Client and Servicing Company will receive, maintain, and use any information labeled as Confidential in the strictest of confidence and use commercially reasonable efforts keep such information confidential and to prevent the unwarranted disclosure thereof. G. TERMS AND CONDITIONS 1. Governing Law This Agreement will be governed by the laws of the State of Washington. 2. Representation and Warranties Servicing Company and Client each represent and warrant to the other that in carrying out their respective roles they will be compliant with applicable federal, state and local laws, rules and regulations. 3. Entire Agreement This is the entire Agreement between the parties and supersedes any previous communications, representations or agreements, either oral or written, with respect to the subject matter hereof. This Agreement may not be amended except in a writing signed by both parties. 4. Severability; Waiver The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. Any delay or waiver by a party to declare a breach of seek any remedy available to it under this Agreement or by law will not constitute a waiver as to any past or future breaches. Survival The provisions of this Agreement regarding Confidentiality, Indemnification and Release, Arbitration, and Survival will survive the expiration or termination of this Agreement. 6. Independent Contractor Servicing Company is an independent contractor. Nothing in this Agreement will be construed or deemed to create any other relationship between the parties, including one of employment, joint venture or partners. 7. Assignment Neither this Agreement nor any rights or obligations hereunder may be assigned, delegated or transferred by either party without the prior written consent of the other party. 8. Arbitration The parties agree to arbitrate any disputes and, moreover, agree not to commence any action against the other in tribal, state or federal court. Either party may initiate such binding arbitration by notifying the other party in writing. Such binding arbitration shall commence in accordance with the Commercial Arbitration Rules of the American Arbitration Association and be venued in the State of Washington. For disputes involving sums greater than $100,000.00, either party may demand a 3 person panel. Each party will bear the expense of its own attorney's fees. Arbitrators shall have no authority to award punitive, special, consequential, indirect, or exemplary damages. This arbitration clause does not apply to cross claims that may arise in the course of third party litigation. Both parties consent to the exercise of jurisdiction by a Washington court to enforce this arbitration provision. 9. Force Maieure The term `force majeure' includes, but is not limited to, the following: Acts of God and the public enemy, fires, accidents, break downs, strikes, labor disputes, and any laws, orders, rules, regulations, acts or restraints of any governmental body or authority, civil or military, including any state department of insurance, which detrimentally impairs the ability of the parties to this Agreement to perform their obligations, or any other causes beyond control of the parties hereto. 10. Notice All notices, certificates or other communications provided for, authorized or required under this Agreement will be given in writing and mailed to: If to Berkley: If to Client: Kenneth R. Hopkins 222 South Ninth Street, Suite 1300 Attn: Minneapolis, MN With copy to: Kevin Kincade, General Manager Berkley Risk Administrators Company, LLC 16040 Christensen Rd. Suite 110 Tukwila, WA 98188 The parties agree to these terms by executing this Agreement and the following persons are represented to possess the authority to bind each entity to the terms of this Agreement and represent and warrant that ratification of this Agreement by their respective Boards will occur to the extent necessary. BERKLEY RISK COMPANY, L.Lk Its President, C.O.O. CITY OF RENTON Its: Date: / `li ?�w Date: 4 CITY OF RENTON COUNCIL AGENDA BILL Dept/Div/Board.. Human Resources & Risk Management Dept. Staff Contact...... Nancy Carlson, Administrator X7656 City Attorney's Office transition from contract services to City employees: Position classifications and related salary adjustments for eight'new classifications (12 positions) hibits: Issue paper Ordinance : January J, Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . x Recommended Action: Approvals: Refer to Finance Committee Legal Dept......... x Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $940,863 Transfer/Amendment....... Budgeted....... $890,900 Revenue Generated......... Total Project Budget $940,863 City Share Total Project.. N: The employees of the City Attorney's Office will become Renton City employees on January 1, 2009. After study and review by Human Resources, and with the unions' concurrence, the following represent the classifications and pay grade recommendations for eight new classifications: ■ City Attorney (Non -Represented, grade m49): One employee • Senior Assistant City Attorney (Non -Represented, grade m42): Two employees • Assistant City Attorney (Non -Represented, grade m35): One employee ■ Chief Prosecuting Attorney (Non -Represented, grade m35): One employee ■ Prosecuting Attorney (Non -Represented, grade m29): Two employees ■ Paralegal (Local 2170, grade al7): One employee ■ Administrative Assistant (Non -Represented, grade n14): One employee ■ Legal Assistant (Local 2170, grade a07): Three employees It is also recommended that five of the above employees begin at a salary step higher than "C" due to their experience and years of service: m49, Step E (one employee); m42, Step E (two employees); n14, Step E (one employee); a07, Step D (one employee). Additional funds beyond the budgeted amount to implement this recommendation are not required, as there will be sufficient savings from the City Attorney's Office lease to fund the difference for the remainder of the year. STAFF RECOMMENDATION: Authorize the proposed classifications and pay grades of eight new classifications created as a result of the transition of the City Attorneys' office from contract services to an in-house department, and authorize the salary steps recommended for the City Attorney (E), two Senior Assistant City Attorneys (E), one Administrative Assistant (E), and one Legal Assistant (D). till O� HUMAN RESOURCES & RISK MANAGEMENT DEPARTMENT o� M E M O R A N D U M DATE: January 5, 2009 TO: Randy Corman, Council President Renton City Councilmembers VIA: Denis Law, Mayor f b1, FROM: Nancy Carlson, HR & RM Administra STAFF CONTACT: Eileen Flott, HR Manager SUBJECT: Position Classifications for new Legal Department, effective January 1, 2009. ISSUE Should the Council approve the proposed classifications and related salary ranges for eight new classifications to be included in the City classification plan and salary schedule? RECOMMENDATION Authorize new classifications and pay grades created as a result of the transition of the City Attorney's Office from contract services to an in-house Department, with an effective date of January 1, 2009. BACKGROUND As a result of the creation of an in-house City Attorney's Office, the City is required to develop eight new classifications. The Human Resources Department has completed its review of these positions and recommends the adjustments outlined below. The 2009 City budget approved 12 positions for the new Legal Department. The total amount of the budget adopted for the 12 positions was $890,900. After further review by the Human Resources Department, it was determined that in order to maintain current City policy regarding compensation at the 60% percentile of the market, and maintain internal alignment with existing classifications of comparable responsibilities, the revised cost for the 12 authorized positions will be $940,863. The overage has been discussed with the Legal Department. Looking at the overall budget, the Department believes it will be able to absorb the overage within their FY 2009 funding allocation. Therefore, no further funding will be required. The new Legal Department will consist of both represented and non -represented employees. Legal Assistants and Paralegals (four positions) will be represented by Local 2170. The union has received copies of the recommended classifications and proposed salary ranges. Further discussions will occur during the month of January. Staff anticipates that the union will accept the proposed salary recommendations. I-I:\HR_RM\AGENDA & ISSUE PAPERS\Issue Papers\2008 issue paper Legal Division positions 1-1-09.doc Renton City Councilmembers January 5, 2008 Page 2 of 2 City Attorney's Office City Attorney (Non -Represented, grade m49): This classification is new, due to the transition of the City Attorney's office from contract services to an in-house Department. Our recommendation to place this classification in grade m49 is based upon internal equity. The classification will be at the same range as all other City Administrators. There will be one employee in this classification. Senior Assistant City Attorney (Non -Represented, grade m42): This classification is new, due to the transition of the City Attorney's office from contract services to an in-house Department. Our recommendation to place this classification in grade m42 is based upon internal equity and market analysis. There will be two employees in this classification. Assistant City Attorney (Non -Represented, grade m35): This classification is new, due to the transition of the City Attorney's office from contract services to an in-house Department. Our recommendation to place this classification in grade m35 is based upon internal equity and market analysis. There will be one employee in this classification. Chief Prosecuting Attorney (Non -Represented, grade m35): This classification is new, due to the transition of the City Attorney's office from contract services to an in-house Department. Our recommendation to place this classification in grade m35 is based upon internal equity and market analysis. There will be one employee in this classification. Prosecuting Attorney (Non -Represented, grade m29): This classification is new, due to the transition of the City Attorney's office from contract services to an in-house Department. Our recommendation to place this classification in grade m29 is based upon internal equity and market analysis. There will be two employees in this classification. Paralegal (Local 2170, grade a17): This classification is new, due to the transition of the City Attorney's office from contract services to an in-house division. Our recommendation to place this classification in grade all is based upon internal equity and market analysis. There will be one employee in this classification. Legal Assistant (Local 2170, grade a07): This classification is new, due to the transition of the City Attorney's office from contract services to an in-house division. Our recommendation to place this classification in grade a07 is based upon internal equity. There will be three employees in this classification. Administrative Assistant (Non -Represented, grade n14): Administrative Assistant is not a new classification. Each Department Administrator has one Administrative Assistant, which is a non - represented position. There will be one employee in this classification. H:\HR—RM\AGENDA & ISSUE PAPERS\Issue Papers\2008 issue paper Legal Division positions 1-1-09.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE FISCAL YEAR 2009 ANNUAL BUDGET BY ADDING THE CITY ATTORNEY'S OFFICE POSITIONS TO THE 2009 BUDGET INDEX OF POSITIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following positions are hereby added to the 2009 Budget index of positions: City Attorney; Senior Assistant City Attorney (2 positions); Assistant City Attorney; Chief Prosecuting Attorney; Prosecuting Attorney (2 positions); Paralegal; Legal Assistant (3 positions); and Administrative Assistant. 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 2009. Bonnie I. Walton, City Clerk ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2009. Approved to as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1527:12/30/08:scr 2 Denis Law, Mayor CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Police Department Staff Contact...... Penny Bartley, Manager, x7565 Subject: Occupational Health Services -Jail Inmate Health Care Exhibits: Issue Paper Copy of Contract Recommended Action: Council Concur AI #: ' o For Agenda of: January 5, 2009 Agenda Status Consent.............X Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept ....... X.. Finance Dept...... Other....... H/R- Risk Management X Fiscal Impact: Expenditure Required... 196,306 Transfer/Amendment....... Amount Budgeted....... 166,306 Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City of Renton contracts with Occupational Health Services (OHS) from Valley Medical Center for health services within the jail. The only change in the 2009 contract is an approximate six percent increase in the total contract amount. STAFF RECOMMENDATION: Approve the Occupational Health Services (OHS) 2009 contract for jail health services and authorize the Mayor and City Clerk to enter into the agreement. Rentonnet/agnbill/ bh Y POLICE DEPARTMENT ♦- + �- MEMORANDUM \�NT�O DATE: December 30, 200CI TO: Randy Connan, City Council President Members of the Renton City Council VIA: Denis Law, May FROM: Kevin Milosevich, Chief of Police STAFF CONTACT: Pem1y Bartley, Police Manager (XT 7565) SUBJECT: Issue Paper — Occupational Health Services Contract ISSUE: Should the City of Renton continue its contract with Occupational Health Services (OHS) from Valley Medical Center for health services within the jail? BACKGROUND: OHS has provided jail medical services since 1995. The contract provides for 44 hours of nursing services and four hours of physician assistant services within the jail. Additionally, we have 24-hour on -call services provided under the contract and a psychiatric nurse practitioner available as well. The types of services that are provided under the contract include physical examinations and screening of inmates, evaluation and treatment of chronic health conditions, communicable disease control and prevention and medication management. Inmates that need follow-up care or diagnostic services that aren't provided within the jail are transported to OHS for evaluation and are billed in accordance with Exhibit A. The only change in the 2009 contract is an approximate six -percent increase in the total contract amount. The total amount for the 2009 contract is $196,306. STAFF RECOMMENDATIONS: The City of Renton Council concurs with the recommendation of City Administration to approve the 2009 Occupational Health Services Agreement and authorizes the Mayor and City Clerk to enter into the agreement. OCCUPATIONAL HEALTH SERVICES AGREEMENT City of Renton Police Department Jail THIS AGREEMENT is made and entered into as of this day of by and between the City of Renton (hereinafter the "City"), and Public Hospital District No. 1 of King County, a Washington municipal corporation d/b/a Occupational Health Services (hereinafter "OHS"), PURPOSE The purpose of this Agreement is for OHS to provide on -site health services at the City of Renton Police Department Jail (hereinafter the "Jail) an approximately fifty (50) bed unit, as well as various off -site health services for staff and inmates. IN CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS HEREINAFTER. CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: 1. Responsibilities of OHS. A. Basic Contract Price Services. OHS agrees to provide the following services for the agreed annual contract price of One Hundred Ninety Six Thousand, Three Hundred and Six Dollars ($196,306.00) for 1 /01 /2009 to 12/31 /2009. (Exhibit A) i. Routine on -site (i.e., at the Jail) services provided by a Registered Nurse Forty-four (44) hours per week, and a Physician Assistant on -site up to Four (4) hours per week (schedule to be arranged in advance by the parties). OHS has the sole right, responsibility and authority to select and provide the staff needed to fulfill the terms of this Agreement. During such scheduled visits, OHS shall provide physical examinations at the Jail for inmates, and evaluation and treatment of inmates and police staff for "ninor medical needs. On -site services shall include: a. The cost of prescriptions shall be billed to the Jail. b. Blood collection for inmates or as requested for law enforcement purposes. C. Office medical supplies used to provide the above services. Occupational Health Services Agmt. City of Renton Police Department Jail ii. Off -Site Services: Twenty -Four (24) hour, Seven (7) day:3 per week phone consultation service with a Registered Nurse and/or Physician Assistant. Such telephone consultations are limited to the scope of practice of a Registered Nurse or a Physician Assistant, respectively. B. Services Not Included. Services not provided in the annual price set forth above are additional services not described in Paragraph A, above, including but not limited to hospitalization, emergency transportation and emergency room visits, physician visits, or other specialty care. C. Services in Addition to Basic Contract Price. OHS agrees to make available the following services at the usual and customary price ("UCP") that OHS charges for them. The services listed in Exhibit A are NOT included in the One Hundred Ninety Six Thousand, Three Hundred and Six Dollars ($196,306.00) for 01 /01 /2009 to 12/31 /::'009 contract price. The UCPs are subject to periodic review and adjustment: (Exhibit A) Work -related treatment of Jail staff at the Occupational Health Clinics in Renton and Auburn will be billed to L&I. Treatment for non -work related conditions will be billed to the patient with payment expected from the individual patient, or some other entity on his/her behalf (i.e., insurance). D. Professional Qualifications and Liability Insurance Staff provided by OHS will meet all appropriate licensure requirements and will maintain professional lial:)ility insurance coverage in an amount not less than Five Million Dollars ($5,000,000) per claim. E. Indemnification/Hold Harmless. OHS shall defend, indemnify and hoid the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, error or omissions of OHS in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City." 2. Responsibilities of Jail. A. Liabilitv. The Jail assumes all responsibility for any harm to OHS staff while performing the duties specified in this Agreement, or while on -site for that purpose, when such harm is caused by negligence on the part of the City of Renton. OHS shell be Occupational Health. Services Agmt. City of Renton Police Department Jail responsible for the direct medical care provided to staff and inmates pursuant to this Agreement. OHS is not required to perform or pay any charges for ancillary services. B. Medical Records/Consent. All medical records shall be the propE:rty of OHS. The Jail is responsible for obtaining or providing the necessary medical consE!rlt for the healthcare services provided herein. C. Payment of Fees. The Jail agrees to pay a total of One Hundred Ninety Six Thousand, Three Hundred and Six Dollars ($196,306.00) in Twelve (12) monthly installments of Sixteen Thousand Three Hundred, and Fifty -Nine Dollars ($16,359.00) for the basic contract services outlined above. The Jail further agrees to pay all charges incurred by the Jail for the ancillary services, not included in the basic annual fee, outlined above. OHS will send a detailed invoice each month, and payment shall be made within Thirty (30) days following receipt of the invoice. In the event that the Jail fails to pay any amount when due, the delinquent amount shall bear interest at the maximum rate of interest allowable by law. Non-payment for services may result in termination of this Agreement, at the discretion of OHS, upon Ten (10) days notice to the Jail. D. Indemnification/Hold Harmless. The City shall defend, indemnify and hold OHS, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, error or omissions of the City in performance- of this Agreement, except: for injuries and damages caused by the sole negligence of the OHS." 3. Mutual Responsibilities and Miscellaneous Terms• A. Term of Agreement/Termination. The term of this Agreement shall be Twelve (12) months, commencing January 1, 2009 and ending December 31, 2009. The Agreement shall automatically renew for Twelve (12) month periods on the anniversary hereof. The parties shall discuss in good faith any price modifications on or near such anniversary date. Either party may terminate this Agreement at any time, without cause, by providing the other party with at least Ninety (90) days written notice of its intentions. OHS shall be paid as provided hereunder for all services rendered and costs incurred to the da-ie of termination. Occupational Health Services Agmt. City of Renton Police Department Jail B. Confidentiality. Both parties agree that medical records will be handled in accordance with Chapter 70.02 RCW, and will comply with all other existing Washington State and federal confidentiality laws. C. Dispute Resolution. Should any dispute or disagreement arise over the terms of this Agreement or from the performance thereof, both parties agree to submit the dispute to binding arbitration, in accordance with the rules of the American Arbitration Association. D. Attorney's Fees. If legal proceedings are instituted by either parlay in connection with this Agreement, the party not prevailing agrees to pay the costs and expenses of litigation, including reasonable attorney's fees of the prevailing party. E. Assignment. Neither this Agreement nor any right or obligation arising thereunder may be assigned or delegated by either party without the written consent of the other, provided that health services required of OHS hereunder may be provided by OHS contract providers. Nothing in this Agreement shall be construed to imply a joint venture, principal, agent, or employer -employee relationship between the Jail and OHS. F. Laws of the State. This Agreement shall be governed by and constructed in accordance with the laws of the State of Washington. G. Primary Contacts. For the purposes of administering this Agreement:, the primary OHS contact person is Pat Vincent, Clinic Manager, or her successor. The prmary contact at the Jail is Penny Bartley, Police Manager. Occupational Health Services Agmt. City of Renton Police Department Jail IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Renton: By Denis Law, Mayor ATTEST: Bonnie Walton, City Clerk OHS: Public Hospital District No. 1 of King County, d/b/a 0 c pa ional Health Services By Paul NA. La son Administrator, Clinic Services Occupational Health Services Agmt. City of Renton Police Department Jail EXHIBIT A FEE SCHEDULE BASIC PROGRAM COMPONENTS I FEE fps.r.'ur:�,i#1r�i.i�?.��iC.�N�:{fi"cu`�d)Sim'1�3lilid'r#i�Oi!�.,3�;'s+�'erioF�".}�y,+tdp"•.F#liiiafv�,.°�.��t."fit"d"i7Shs�1'sYi.,�"S4'Y4�;71vH.'o5�€ii`�".,�:$Rsi��Y1�':k,'ri'a"�Sib�"�ti�S�°.€sa'+�ieys",'s�yuXi'e,'a4;�i'wi4sikis"�R. c�`�,:�dii`sk�t�kl$ih'«e' Clinical Staff and Services Registered/Licensed Nurse & Physician Assistant January 1, 2009- December 31, 2009 Malpractice Insurance $196,306 Trained clinicians for back-up/coverage Medical Director Oversight On -site services 48 hours/week Injury and illness treatment services 14-day Health Appraisal Exam services (see lab fees below) Administration of vaccinations & TB tests Basic dental services, i.e. tooth blocking & pain relief Triage System Medication Administration 24 hour Telephone Consultation Services Included in annual rate Access to clinical staff 24 hours/day, 7 days/week Telephone Consultation Guidelines Policies/Procedures & Clinical Guidelines _ Included in annual rate Operational Policies & Procedures Clinical Protocols, Practice Parameters, & Triage Guidelines Dental Services _ Usual and customary rates Appointment Coordination _ Included in annual rate Ongoing Medical Records Management _ Included in annual rate Initial Photocopying of Records One time fee at usual and customary rates Insurance Billing _ Included in annual rate Program Set -Up, Management & Medical Oversight _ Included in annual rate Prograin Set—up Recruiting, Hiring, Credentialing Staff Training Scheduling Medical Records System Operational Maintenance Access to Medical Director and Clinic Director Regular business hours Quarterly Meeting Attendance Ongoing Personnel Management Problem -Solving Identifying Service Gaps Medical Oversight Access to Medical Oversight 24 hours/day, 7 days/week Quarterly Meeting Attendance Quality Assurance Quality Improvement Scope of Practice Monitoring Referral Monitoring CONTRACT FOR SERVICES —Oct 2008 CITY OF RENFON/VMC-OHS EXHIBIT A fk'AdAii.lit9rr.'.'i'i"fi°�f�i.'{'?a."�..�i!�'vTS{t33w1{l S4tii%i'�au�.tiVisiOttlAi1'�n.'11i#?. ADDITIONAL PROGRAM ELEMENTS FEE Supplies & Medication Stocking No additional charge for inventory monitoring. Actual goods billed at OHS' cost. Delivery of Medication V Daily Deliveq of Prescription Medication (Monday -Friday) No additional charge Weekend and Emergency Deliveries Arranged at a negotiated rate Occupational and Employee Health Services _ On -the -Job Injury Triage System No additional charge On -site Employee Health Services To be priced at competitive rates but Flu Shots provided on -site for convenience TB Skin Test Hepatitis B, Series of Three Injections (includes vaccine) Hepatitis B, Injection only Hepatitis B Titer Hepatitis B Vaccine - Booster Drug Screen, Collection and Lab Processing Drug Screen, Collection Only Medical Review Officer Services Breath Alcohol Test Breath Alcohol Test Confirmation OPTIONAL SERVICES FEE Transportation No additional charge for coordination responsibilities Services Not in Jail Health Service Guidelines _ On -site Physician Services $225/hour X-Ray Usual and customary rates Urgent Care Services (available Monday -Friday, 6:00am-6:00pni, OHS fee schedule (based on the Dept. at OHS Renton, and 6:00am-6:00pm at OHS Auburn) of Labor and Industries fee schedule) Emergency Services at VMC's Emergency Department Usual and customary rates Psychiatric Services _ $150/hour for 3 hours a month CONTRACT FOR SERVICES —Oct 2008 CITY OF fiF,NTON/VMC-OHS r ' CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Public Works Dept/Div/Board.. Transportation Systems Division Staff Contact...... Juliana Fries, Program Development Coordinator (extension 7232) Subject: Rainier Avenue South - South Grady Way to S/SW 7' Street Project Transportation Improvement Board (TIB) Grant Agreement Exhibits: Issue Paper ar a: 00 io For Agenda of: January 5, 2009 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business......... New Business........ X Study Sessions....... Information.......... . Recommended Action: Approvals: Legal Dept......... X Council Concur Finance Dept...... X Other ............... Fiscal Impact: (Fund 317 — Project t12703) Expenditure Required... Transfer/Amendment.... Amount Budgeted....... $13,640,000 (2008) Revenue Generated....... $ 2,831,500 Total Project Budget $33,375,675 City Share Total Project. $ 7,812,475 SUMMARY OF ACTION: The Transportation Improvement Board has awarded the City of Renton a grant in the amount of $2,831,500 for the Rainier Avenue South - South Grady Way to S/SW 7th Street project. The funding will pay for part of the design, right-of-way and construction costs. This project is being funded with a mix of funds: City, TIB, Sound Transit, Washington State Department of Transportation (WSDOT), and private mitigation. The Rainier Avenue South corridor will install Business Access and Transit (BAT) lanes, landscaped medians, and provide pedestrian improvements to enhance safety and mobility throughout the corridor. STAFF RECOMMENDATION: Approve the agreement with the Transportation Improvement Board (TIB) for a $2,831,500 grant for the Rainier Avenue South - South Grady Way to S/SW 7`h Street project, and authorize the Mayor and City Clerk to execute the agreement. H:\Division.s\TRANSPOR.TAT\PLANNINGUuliana\Agenda Bill\2008\AB Rainier Grady to 7th.doc UiR PUBLIC WORKS DEPARTMENT �x"vM E M O R A N D U M DATE: January 5, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor PA) - ri Dl'- FROM: Gregg Zimmerma�?ainistrator STAFF CONTACT: Juliana Fries, Transportation Program Development Coordinator, (extension 7232) SUBJECT: Rainier Avenue South - South Grady Way to S/SW 7"' Street Project Transportation Improvement Board (TIB) Grant Agreement ISSUE: Should the City enter into an agreement with the Transportation Improvement Board (TIB) to accept $2,831,500 for design, right-of-way and construction grant funding for Rainier Avenue South from South Grady Way to S/SW 7th Street project? RECOMMENDATION: Approve the agreement with the Transportation Improvement Board (TIB) for a $2,831,500 grant for the Rainier Avenue South - South Grady Way to S/SW 7t' Street project, and authorize the Mayor and City Clerk to execute the agreement. BACKGROUND: This grant is part of the TIB FY 2010 Urban Corridor Program (UCP). The Transportation Systems Division submitted the grant application to the TIB for design, right-of-way and construction funding for Rainier Avenue South - from South Grady Way to S/SW 7th Street project. This project is being funded with a mix of funds: City, TIB, Sound Transit, Washington State Department of Transportation (WSDOT), and private mitigation. Randy Corman, Council President Members of the Renton City Council Page 2 of 2 January 5, 2009 The Rainier Avenue South corridor (from South Grady Way to South 2nd Street) will install Business Access and Transit (BAT) lanes, landscaped medians, and provide pedestrian improvements to enhance safety and mobility throughout the corridor. Attachment: TIB Fuel Tax Grant Distribution Agreement #9-P-102(013)-1 cc: Peter Hahn, Deputy PW Administrator — Transportation Jim Seitz, Transportation Planning and Programming Manager Juliana Fries, Transportation Project Development Coordinator Rob Lochmiller, Transportation Principal Civil Engineer Vidya Vinod, FIS/IS Grant Accountant Project File h:\division.s\transpor.tat\planning\Juliana\issue papers\2008\rainier fib grady to 7th.doc Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement LEAD AGENCY: RENTON PROJECT NUMBER: 9-P-102(013)-1 PROJECT TITLE: Rainier Avenue South PROJECT TERMINI: South Grady Way to SISW 7th St 1.0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein. It is the intent of the parties, TIB and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project. Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supercedes all previous written or oral agreements between the parties. 2.0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments. 3.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein. 4.0 AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5.0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement. 6.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. TO Form 190-500 Page 1 of 3 Rev. 2/14/2003 " \ Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 7.0 TERMINATION 7.1 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 7.2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other. 7.3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TIB has the right to suspend or terminate this Agreement. TIB shall notify the grant recipient in writing of the need to take corrective action. If corrective action is not taken within 30 days, the Agreement may be terminated. TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement. The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds. The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient: (1) was not at fault, or (2) failure to perform was outside of the grant recipient's control, fault or negligence. The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 7.4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIB's obligations, or for any reason. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 7.5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may, be directed by TIB. TO Form 190-500 Page 2 of 3 Rev. 2/14/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 8.0 AVAILABILITY OF TIB FUNDS The availability of Transportation Improvement Board funds is a function of Motor Vehicle Fuel Tax collections and existing contractual obligations. The local agency shall submit timely progress billings as project costs are incurred to enable accurate budgeting and fund management. Failure to submit timely progress billings may result in delayed payments or the establishment of a payment schedule. 9.0 ATTACHMENTS Attachments are incorporated into this agreement with subsequent amendments as needed. Approved as to Form This 14th Day of February, 2003 Rob McKenna Attorney General 0 Signature on file Elizabeth Lagerberg Assistant Attorney General Lead Agency Signature of Chairman/Mayor Date Print Name Transportation Improvement Board Executive Director Date Print Name TO Form 190-500 Page 3 of 3 Rev. 2/14/2003 e •� Transportation Improvement Board 7PP Project Funding Status Form Agency: RENTON TIB Project Number: 9-P-102(013)-1 Project Name: Rainier,Avenue South Sot.tth Grady Way to S/SW 7th St Verify the information below and revise if necessary. Return to: Transportation Improvement Board PO Box 40901 Olympia, WA 98504-0901 PRO.1F_C;T ;C HFDULF ",fi7xay; Srdru mt } x.4sawMftx 3 hxir7- r q't�.4w-« w tx e 1 a F� � `7 haDra [e, Sh0\N ri Ong F�f t r RevlsedkD{a�.tes Appfi`catlon$ `, ur r ,i 3 Construction Approval Date Contract Bid Award Jan 2010 Contract Completion Dec 2011 PROJECT FUNDING PARTNERS I ict nrlrlitinnal fiinrtinn nartnPrs and amount vthJ4.J FundigPa�thersy "AmoFt r.' S -e. visetl Fu tdNn9� f ;.. RENTON 1,133,400 WSDOT 0 Federal Funds 0 Sound Transit 3,000,000 Private Mitigation 1,125,100 TOTAL LOCAL FUNDS 5,258,500 Both agency officials must sign the form before returning it to the TIB office. Mayor or Public Works Director Signature ate Attachment 1 Project Funding Summary Project Information Lead Agency RENTON Project Number 9-P-102(013)-1 Project Title Rainier Avenue South Project Termini South Grady Way to S/SW 7th St TIB funds for the project are: Phase Design Right of Way Construction Total Grant TIB Funds 257,100 689,200 1,885,200 2,831,500 TIB Form 190-600 Rev.2/14/2003 CITY OF RENTON, WASHINGTON A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, RECOGNIZING HIGHLANDS PHASE II TASK FORCE MEMBERS FOR THEIR SERVICE TO THE CITY, ACCEPTING THE REPORT AND RECOMMENDATIONS OF THE TASK FORCE, AND DISBANDING THE TASK FORCE. WHEREAS, the Renton City Council appointed the Highlands Phase II Task Force in July 2007, comprised of a diverse groups of individuals representing the stakeholders such as: property owners, renters, business owners, residents, and community institutions such as the Renton Housing Authority, Renton School District, Renton Planning Commission, neighborhood groups, and local churches; and WHEREAS, the purpose of the Highlands Phase II Task Force was to involve the public and community stakeholders in developing a set of recommendations for implementing the Comprehensive Plan vision for revitalization of the commercial area on Sunset and the housing surrounding it; and WHEREAS, the Highlands Phase II Task Force established a work program based on input from the general public and the ideas and opinions of the members of the Task Force; and WHEREAS, the Highlands Phase II Task Force worked diligently with more than 40 City of Renton staff people to complete its work program; and WHEREAS, in the 15 months that the Highlands Phase II Task Force met, each member contributed more than 100 hours of service to the City in preparation for, and during, scheduled Task Force meetings; and WHEREAS, the result of the work of the Highlands Phase II Task Force is the Report and Recommendations document (dated December 1, .2008), which presents 24 RESOLUTION NO. • recommendations for revitalization of the Highlands study area for the consideration of the Renton City Council; and WHEREAS, the Highlands Phase II Task Force Report and Recommendations document was presented to the City Council Committee of the Whole on December 8, 2008; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The City Council does hereby thank the members of the Highlands Phase II Task Force for their service and contributions to the City of Renton: Scott Anderson, Steve Beck, Jerri Broeffle, Sandel DeMastus, Penny Eskenazi, Kim Howard, Roxanna Johnson, Marcie Maxwell, Howard McOmber, Evelyn Mitchell, Nancy Osborn, and Brock Weedman. SECTION III. The City Council does hereby accept the Report and Recommendations of the Highlands Phase II Task Force and asks that the Administration draw up a work program to begin implementing the recommendations in 2009. SECTION IV. The City Council does hereby authorize that the Highlands Phase II Task Force be disbanded, recognizing that they have accomplished their assigned purpose. PASSED BY THE CITY COUNCIL this day of Bonnie I. Walton, City Clerk /_11• 2 RESOLUTION NO. APPROVED BY THE MAYOR this day of Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES :13 89:12/29/08: scr 2009. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," SETTING THE IMPACT FEE AT $5,495 PER NEW SINGLE-FAMILY HOME IN THE ISSAQUAH SCHOOL DISTRICT; SETTING THE IMPACT FEE AT $5,304 PER NEW SINGLE- FAMILY HOME AND $3,266 PER NEW MULTI -FAMILY HOME IN THE KENT SCHOOL DISTRICT; AND ADOPTING THE CAPITAL FACILITIES PLANS OF THE SCHOOL DISTRICTS WITHIN THE CITY OF RENTON. WHEREAS, under section 4-1-160 of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton," as amended, and the maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the Issaquah School District an impact fee of $6,021 for each new single-family home built within the District's boundaries; and WHEREAS, the Issaquah School District requested that the City of Renton adopt the District's 2008 Capital Facilities Plan, which includes an decrease in the impact fee for new single-family homes to $5,495; and WHEREAS, under section 4-1-160 of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton," as amended, and the maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the Kent School District an impact fee of $5,110 for each new single-family home and $3,146 per new multi -family unit built within the District's boundaries; and ORDINANCE NO. WHEREAS, the Kent School District requested that the City of Renton adopt the District's 2008-2009 — 2013-2014 Capital Facilities Plan, which recommends an increase in the impact fee for new single-family homes to $5,304 and an increase in the impact fee for new multi -family units to $3,266; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Note 5 of subsection 4-1-160D, Fee Calculations, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 5. The City Council may adjust the fee calculated under this subsection, as it sees fit, to take into account local conditions such as, but not limited to, price differentials throughout the District in the cost of new housing, school occupancy levels, and the percent of the District's Capital Facilities Budget, which will be expended locally. The City council establishes the following fees: Single- Multi -Family Family Fee Fee Amount Amount Issaquah $5,495.00 Not School Applicable, District Kent School $5,304.00 $3,266.00 District SECTION II. Subsection 4-1-160J, Adoption of the District Capital Facilities Plan and Submission of the Annual Updates and Report and Data, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code 2 of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: I. The following capital facilities plans are hereby adopted by reference by the City as part of the Capital Facilities Element of the City's Comprehensive Plan: a. The Issaquah School District No. 411 2007 Capital Facilities Plan; b. The Kent School District No. 415 2007-2008 — 2012-2013 Capital Facilities Plan. 2. On an annual basis, the District shall submit the following materials to the City: 1. The annual update of the District's Capital Facilities Plan; 2, An annual report on the School Impact Fee Account, showing the source and amount of all monies collected, earned, or received, and the public improvernents that were financed in whole or in part by impact fees. SECTION III. This ordinance shall be effective upon its passage, approval and five (5) days after its publication. PASSED BY THE CITY COUNCIL this day of )2009. Borulie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2009. Denis Law, Mayor 3 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 15 26:12/ 11 /08: scr