HomeMy WebLinkAboutCouncil 12/10/2012AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
December 10, 2012
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.PROCLAMATION
a. Dr. Mary Alice Heuschel Day ‐ December 10, 2012
4.SPECIAL PRESENTATIONS
a. Renton Municipal Arts Commission Bravo Awards
b. Suburban Cities Association
5.ADMINISTRATIVE REPORT
6.AUDIENCE COMMENT
(Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The
first comment period is limited to one‐half hour. The second 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.
7.CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 12/3/2012. Council concur.
b. Mayor Law reappoints Alfred Banholzer to the Airport Advisory Committee, Washington Pilots’
Association ‐ Green River Chapter position, for a three‐year term expiring on 5/7/2015.
Council concur.
c. Mayor Law reappoints Britt McKenzie and Evelyn Reingold to the Municipal Arts Commission,
each for a three‐year term expiring 12/31/2015. Council concur.
d. City Clerk submits 11/6/2012 General/Special Election certification from King County Elections
as follows: Proposition No. 1, Proposed West Hill Annexation, For Annexation ‐ 2,662 votes,
44.26%; Against Annexation ‐ 3,352 votes, 55.74%; FAILED. Information.
e. Community and Economic Development Department recommends approval of an interlocal
agreement with King County requesting changes to their Comprehensive Plan
and Development Regulations in Renton's Potential Annexation Areas. Council concur. (See
9.a. for resolution.)
f. Community Services Department recommends approval of a three‐year lease agreement with
Renton Ecumenical Association of Churches (REACH) for the use of wing "A" in the former jail
at City Hall as a day shelter for homeless women and children. Refer to Committee of the
Whole.
Page 1 of 75
g. Transportation Systems Division recommends approval of an agreement in the amount of
$144,423.20 with CivilTech Engineering, Inc. for design services for a bridge that will replace
the flood‐damaged NE 31st St. culvert. Council concur.
8.UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be held
by the Chair if further review is necessary.
a. Committee of the Whole: Waste Management Settlement
b. Finance Committee: 2012 Year‐end Budget Amendment*
c. Transportation (Aviation) Committee: Lease Addendum with AirO, Inc.; Contract Addendum
with Reid Middleton
d. Utilities Committee: Gladco Development Sewer Oversizing Reimbursement Request
9.RESOLUTIONS AND ORDINANCES
Resolution:
a. Interlocal agreement with King County concerning Renton's Potential Annexation Areas
(See 7.e.)
Ordinance for first reading and advancement to second and final reading:
a. 2012 Year‐end budget amendment (See 8.b.)
10.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
11.AUDIENCE COMMENT
12.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting)
COUNCIL CHAMBERS
December 10, 2012
Monday, 6 p.m.
Waste Management Settlement
7TH FLOOR CONFERENCING CENTER
6:30 p.m.
Bravo Awards Reception
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:
Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Reappointment to Renton Airport Advisory
Committee
Meeting:
Regular Council - 10 Dec 2012
Exhibits:
Memo to Mayor Law, Subject: Reappointment to
Renton Airport Advisory Committee
Submitting Data: Dept/Div/Board:
Executive
Staff Contact:
April Alexander, Executive Assistant, x6520
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $N/A
Amount Budgeted: $ N/A Revenue Generated: $N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Mayor Law reappoints the following to the Airport Advisory Committee:
Mr. Alfred Banholzer, 14923 165th Place SE, Renton 98059, Washington Pilot's Association position, for
a term expiring 5/7/15
STAFF RECOMMENDATION:
Confirm Mayor Law's reappointment of Mr. Banholzer to the Renton Airport Advisory Committee.
7b. ‐ Mayor Law reappoints Alfred Banholzer to the Airport Advisory
Committee, Washington Pilots’ Association ‐ Green River Chapter Page 5 of 75
7b. ‐ Mayor Law reappoints Alfred Banholzer to the Airport Advisory
Committee, Washington Pilots’ Association ‐ Green River Chapter Page 6 of 75
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Reappointments to Municipal Arts Commission
Meeting:
Regular Council - 10 Dec 2012
Exhibits:
Memo to Mayor Law, Subject: Renton Municipal
Arts Commission Reappointments
Submitting Data: Dept/Div/Board:
Executive
Staff Contact:
April Alexander, Executive Assistant, x6520
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $N/A
Amount Budgeted: $ N/A Revenue Generated: $N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Mayor Law reappoints the following to the Municipal Arts Commission:
Ms. Britt McKenzie, 16467 111th Ave SE, Renton 98055, for a term expiring 12/31/15
Ms. Evelyn Reingold, 833 SW Sunset Blvd, L-56, Renton 98057, for a term expiring 12/31/15
STAFF RECOMMENDATION:
Confirm Mayor Law's reappointments of Ms. McKenzie and Ms. Reingold.
7c. ‐ Mayor Law reappoints Britt McKenzie and Evelyn Reingold to the
Municipal Arts Commission, each for a three‐year term expiring Page 7 of 75
7c. ‐ Mayor Law reappoints Britt McKenzie and Evelyn Reingold to the
Municipal Arts Commission, each for a three‐year term expiring Page 8 of 75
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Certification of 11/6/12 General/Special Election
Results by King County Elections; West Hill
Annexation Proposition 1
Meeting:
Regular Council - 10 Dec 2012
Exhibits:
Certification of Election Results by the King
County Elections Canvassing Board
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie I. Walton, City Clerk, x6502
Recommended Action:
Information only
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The 2012 General/Special Election results have been canvassed by the King County Elections
Canvassing Board. The certified results that the proposed annexation of the West Hill Annexation area
to the City of Renton failed.
Proposition No. 1
Proposed West Hill Annexation
For Annexation 2,662
Against Annexation 3,352 FAILED
STAFF RECOMMENDATION:
N/A
7d. ‐ City Clerk submits 11/6/2012 General/Special Election certification
from King County Elections as follows: Proposition No. 1, Proposed West Page 9 of 75
7d. ‐ City Clerk submits 11/6/2012 General/Special Election certification
from King County Elections as follows: Proposition No. 1, Proposed West Page 10 of 75
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Initiate PAA Development Interlocal Agreement
with King County
Meeting:
Regular Council - 10 Dec 2012
Exhibits:
Resolution
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Chip Vincent, x6588
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The City of Renton’s Potential Annexation Areas (PAA’s) are anticipated to either become part of the City of Renton, or to
form their own city, but King County Countywide Planning Policies (CPPs) state that annexation is the most likely and
preferred choice of incorporation. Because of this, it is in the mutual interest of the City and County to plan for the City
of Renton’s PAA in a coordinated, consistent manner. Further, the CPP’s establish that King County should joint plan
with cities in a collaborative, coordinated manner. The City should work toward establishing an interlocal agreement
that would address the following four specific land use issues:
1.Comprehensive Planning and zoning consistency, seek to have King County evaluate the Renton land use
designations and consider making amendments so that they are reasonably consistent.
2.Testimony and comments to the King County Hearing Examiner, consider testimony from City of Renton as evidence
in decision making.
3.Transportation concurrency, King County analyze and prioritize areas comprehensively, including areas within the
City of Renton.
4.Transfer of development rights, establish receiving areas as areas with minimum density of ten dwelling units per
acre.
The Planning and Development Committee and the Planning Commission have reviewed this proposed resolution and the
land use issues addressed in the proposal and have recommended moving forward with adoption of the resolution.
STAFF RECOMMENDATION:
Adopt the resolution requesting King County make amendments to their Comprehensive Plan and
Development Regulations for land use development in the City of Renton’s Potential Annexation Areas
and authorizing the Mayor and City Clerk to enter into an Interlocal Agreement .
7e. ‐ Community and Economic Development Department recommends
approval of an interlocal agreement with King County Page 11 of 75
DRAFT
DRAFT
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, REQUESTING KING
COUNTY MAKE AMENDMENTS TO THEIR COMPREHENSIVE PLAN AND
DEVELOPMENT REGULATIONS FOR LAND USE DEVELOPMENT IN THE CITY OF
RENTON’S POTENTIAL ANNEXATION AREAS AND AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING
COUNTY.
WHEREAS, the Growth Management Act (GMA) facilitates the transformation of
unincorporated urban areas to incorporation through either annexation or incorporation, and
WHEREAS, the King County Comprehensive Plan has designated the Potential
Annexation Areas (PAA’s) for the City of Renton wherein annexation is the most likely and
preferred choice of incorporation; and
WHEREAS, it is in the mutual interest of the City and County to plan for the City of
Renton’s PAA’s in a coordinated, consistent manner; and
WHEREAS, the County should recognize the Comprehensive Planning and Development
Regulations of the City within the PAA’s, given that the PAA’s will most likely at some time be
within the City; and
WHEREAS, VISION 2040 recognizes the value, benefit, and role for cities planning
beyond their incorporated limits for unincorporated urban areas; and
WHEREAS, the King County Countywide Planning Policies (CPP’s) establish that King
County should joint plan with cities in a collaborative, coordinated manner;
WHEREAS, the City of Renton Comprehensive Plan and Development Regulations are in
compliance with the GMA; and
WHEREAS, the City of Renton has adopted Comprehensive Plan land use designations
7e. ‐ Community and Economic Development Department recommends
approval of an interlocal agreement with King County Page 12 of 75
DRAFT
RESOLUTION NO. ________
DRAFT
2
and Development Regulations that could be applied to its PAA’s.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I.Testimony and Comments to the King County Hearing Examiner: In land
use matters located in Renton’s PAA’s that are before the King County Hearing Examiner,
testimony from the City of Renton, written or verbal, will be allowed to be considered as
evidence in the decision making of the Hearing Examiner.
SECTION II.Comprehensive Planning and Pre-Zoning: King County will endeavor to
evaluate their Comprehensive Plan land use designations for consistency with City of Renton
Comprehensive Plan land use designations in Renton’s PAA’s. Additionally, the County will
consider making amendments to their land use designations so that they are reasonably
consistent with Renton’s land use designations and pre-zoning when it has been adopted.
SECTION III.Transportation: Transportation concurrency, levels of service, and high
incident accident areas that are analyzed and prioritized by King County will be evaluated
comprehensively, considering information and documentation within Renton City limits.
SECTION IV.Transfer of Development Rights: Transfer of Development Rights
receiving areas in the PAA’s be limited to areas planned for higher densities (zoning that allows
for densities of 10 dwelling units per acre and greater).
SECTION V.The above recitals are found to be true and correct in all respects.
SECTION VI.The City of Renton hereby requests King County make the preceding
changes to their Comprehensive Plan and Development Regulations and authorizes the Mayor
and City Clerk to enter into an Interlocal agreement with King County to the extent an Interlocal
7e. ‐ Community and Economic Development Department recommends
approval of an interlocal agreement with King County Page 13 of 75
DRAFT
RESOLUTION NO. ________
DRAFT
3
agreement is necessary.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2012.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2012.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
7e. ‐ Community and Economic Development Department recommends
approval of an interlocal agreement with King County Page 14 of 75
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
REACH Center of Hope Day shelter
Meeting:
Regular Council - 10 Dec 2012
Exhibits:
Issue Paper
Lease Agreement
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Karen Bergsvik, Human Services Manager, #6652
Recommended Action:
Refer to Committee of the Whole
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Renton Ecumenical Association of Churches (REACH) proposes to use wing "A" of the former jail as a
day shelter for homeless women and children. It is a three year lease for $0 year. It will operate Monday
- Friday, 8am to 5pm.
The business terms of the lease agreement are : REACH will be responsible for the cost of all
renovations, including permits. They will be the project manager. The families will be assessed and
placed at the REACH Center of Hope churches for overnight accomodations. The day shelter is for those
families that are in the overnight shelter. It will have resources to meet vocational, financial and
emotional needs including telephone and internet access, discussion groups, classes and on-site
services. Case management will be provided to the families, and the goal is sustainable long term
housing. The lease can be extended for one year at the three-year term; either party can terminate the
lease with a sixty day notice; Tenant is responsible for all normal repairs and maintenance costs.
REACH has the obligation to maintain liability insurance that meets the City's requirements.
STAFF RECOMMENDATION:
Approve the Lease Agreement with Renton Ecumenical Association of Churches and authorize the
Mayor and City Clerk to sign agreement.
7f. ‐ Community Services Department recommends approval of a three‐
year lease agreement with Renton Ecumenical Association of Churches Page 15 of 75
H:\Human Services\Main folder\Council\12 Issue papers\REACH Center of Hope.doc
COMMUNITY SERVICES DEPARTMENT
M E M O R A N D U M
DATE:November 26, 2012
TO:Rich Zwicker, Council President
Renton City Councilmembers
VIA:Denis Law, Mayor
FROM:Terry Higashiyama, Community Services Administrator
STAFF CONTACT:Karen Bergsvik, Human Services Manager, x6652
SUBJECT:REACH Center of Hope Day Shelter
ISSUE
Should Council authorize the Mayor and City Clerk to sign a three-year Lease with
REACH to use wing “A” wing of the former City of Renton jail?
RECOMMENDATION:
Council authorizes the Mayor and City Clerk to sign the lease agreement.
BACKGROUND SUMMARY:
·There is a need for shelter for homeless families in Renton. Families can wait as
long as three weeks to find room in area shelters. When the shelters are full,
they often sleep in their cars, on buses, or in emergency rooms. In 2011/2012
341 children were identified as homeless in the Renton School District.
·REACH’s mission is to restore hope and wholeness to the lives of marginalized
women and children by providing safe, stable and dignified daytime resources
and overnight shelter.
·Families will call 211, which is the entry point for housing for homeless families in
King County. An assessment will be scheduled and completed, and the families
will be placed in the REACH Center of Hope churches for overnight
accommodations.
·The day shelter will have resources to meet vocational, financial and emotional
needs including telephone and internet access, discussion groups, classes, and
on-site services. It also will help basic survival needs by providing breakfast and
lunch, showers, and laundry facilities. REACH is partnering with Communities in
Schools of Renton, The King County Library, Catholic Community Services, and
other community agencies. The women will receive case management services
by a paid case manager. REACH will provide and supervise up to three volunteers
any time the shelter is open,
·The day center is only for those women/children that are part of the night
shelter. It is not a drop in center. It will be open Monday – Friday, 8am to 5pm.
7f. ‐ Community Services Department recommends approval of a three‐
year lease agreement with Renton Ecumenical Association of Churches Page 16 of 75
Rich Zwicker, Council President
Renton City Councilmembers
Page 2 of 2
7/30/2012
H:\Human Services\Main folder\Council\12 Issue papers\REACH Center of Hope.doc
·There are no immediate plans for the use of Wing “A” of the former of City of
Renton jail. The walk in freezer will be relocated on the P2 level.
·Because the REACH Center of Hope provides social programs of benefit to the
City of Renton that the City does not have the resources to provide, it agrees to
lease the space for zero rent per year.
·We are proposing a three year lease term.
·REACH is responsible for the cost of all renovations, which is estimated to be
around $18,000. They have raised this amount of funds.
·REACH will serve as project manager.
CONCLUSION
The REACH Center of Hope Day Shelter provides the City with a social service program
that meets a vital community need.
Attachments
cc:Jay Covington, Chief Administrative Officer
7f. ‐ Community Services Department recommends approval of a three‐
year lease agreement with Renton Ecumenical Association of Churches Page 17 of 75
1
LEASE AGREEMENT
BETWEEN THE CITY OF RENTON AND
RENTON ECUMENICAL ASSOCIATION OF CHURCHES.
This Agreement is made and entered into this _____ day of December, 2012, by and
between the City of Renton (“Renton”), a noncharter code city under RCW 35A, and a municipal
corporation under the laws of the State of Washington, and Renton Ecumenical Association of
Churches (REACH), a State of Washington nonprofit corporation.
I. RECITALS
A.Through the efforts of their representatives, Renton and REACH have agreed to
assist homeless women and children by providing a safe, stable, and dignified
daytime shelter in the City of Renton. This segment of Renton’s community has a
substantial need for daytime shelter to help them move toward sustainable
long-term housing and support.
B.Renton and REACH have expressed their mutual desire to partner with one
another to provide a daytime shelter where homeless women and children can
access services and resources, including basic survival needs such as breakfast,
lunch, showers and laundry facilities.
NOW THEREFORE, in consideration of the terms and provisions contained in this
AGREEMENT, Renton and REACH agree as follows:
7f. ‐ Community Services Department recommends approval of a three‐
year lease agreement with Renton Ecumenical Association of Churches Page 18 of 75
2
II. AGREEMENT
1.LEASE: Subject to the terms and conditions herein, Renton authorizes REACH to
use and occupy the “A” wing of the former City of Renton jail, described in
Exhibit “A”, attached hereto and incorporated by reference and made part of
this Agreement.
2.CONDITIONS OF USE: REACH understands and expressly accepts the “A” wing of
the former City of Renton jail in an “as-is” condition, and any and all
responsibility that comes with that understanding. Renton expressly disclaims
any representations regarding the condition of the real property for REACH
intended use and purpose.
3.PERMITTED USE: REACH shall use the “A” wing of the former City of Renton jail
for the creation of and use as a women’s and children’s daytime shelter.
4.TERM: This Lease shall be for an initial term of three (3) years from the date of
execution, unless otherwise terminated pursuant to Section 8 (Termination) of
this Agreement. After the initial three-year (3) term of this Lease the parties may
agree to extend the lease for additional one-year (1) terms, unless notice of
termination is given by Renton or REACH, pursuant to Section 8 (Termination) of
this Lease.
5.DUTIES OF REACH:
REACH agrees to use the “A” wing of the former City of Renton jail as follows:
(1)Run the REACH Center of Hope Day Center. The Center will provide
basic survival needs such as breakfast and lunch, showers and
laundry facilities. It will also provide resources for vocational,
financial and emotional needs including telephone and internet
access, discussion groups, counseling, classes, and on-site services
to help the clients move toward stable long-term housing.
7f. ‐ Community Services Department recommends approval of a three‐
year lease agreement with Renton Ecumenical Association of Churches Page 19 of 75
3
(2)Run the REACH Center of Hope Day Center according to the
following general schedule:
·Monday through Friday from 8 a.m. – 5 p.m. except for City
Holidays
·On site supervisions of volunteers will be provided by the Daily
Lead. Daily Leads will serve in two shifts, 7:30 a.m. – 12 noon,
and 12:00 noon to 5 p.m.
·Clients will not be admitted before 8 a.m. or after 4 p.m.
·The Center will not stay open past 5 p.m.
(3)REACH will have at least two (2) volunteers on site at any time the
shelter is open. One volunteer will always be present at the REACH
Center of Hope front desk during operating hours. Volunteers will be
contacted by the City Hall lobby desk when a client arrives and REACH
staff or volunteers will escort that client to the Day Center.
(4)REACH will be solely responsible for the cost of all renovations.
REACH will be responsible for the cost of providing and installing an
appropriate security system card reader.
(5)REACH will act as the project manager for the
demolition/construction project to convert the “A” wing to serve REACH’s
needs. They may use qualified volunteers to do the work as long as the
volunteers are licensed, bonded, and insured for any masonry, electrical,
plumbing or demolition work.
(6) REACH will be responsible for supervision, management, and
insurance of all volunteers.
(7)REACH will obtain all improvement, building, electrical and/or any
other required permits and pay the required permit fees.
(8) REACH shall submit the names of any contractors doing masonry,
electrical, plumbing or demolition work to Mr. Michael Nolan, the
facilities coordinator, for approval of credentials prior to them doing any
work on the site.
(9)REACH certifies that either the REACH Center of Hope chair, Linda
Smith, or the REACH Chair, Maggie Breen, are legally authorized to sign
this AGREEMENT.
(10) REACH will be solely responsible for all required repairs, and
maintenance.
7f. ‐ Community Services Department recommends approval of a three‐
year lease agreement with Renton Ecumenical Association of Churches Page 20 of 75
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(11) REACH will be solely responsible for all daytime shelter internet
access service, charges, expenses, and/or bills.
(12) REACH will be solely responsible for its custodial services and
trash disposal. Renton will allow them access to designated city
dumpsters, as long as practicable.
6.COMPLIANCE WITH LAWS: REACH shall not use or permit its facilities or any part
thereof to be used for any purpose in violation of any local, state or federal law
or regulation.
7.DUTIES OF CITY: Renton shall be responsible for maintenance and repairs (i.e.
building mechanical systems, foundation, structural problems) that are not the
result of abuse, waste or neglect of REACH.
Additionally, Renton agrees as follows:
(1)Renton will rent the “A” wing of the former City of Renton jail for a
period of three (3) years for use as the REACH Center of Hope
daytime center.
(2)Renton will provide access cards for the staff and volunteers
designated by REACH after the installation of a security card reader.
(3)Renton will relocate the walk-in freezer to a location outside of
the rental space, at no cost to REACH. This will be done prior to
construction of the masonry wall. Relocation will occur in a timely
manner that will not delay demolition/construction.
(4)Renton will designate a staff person (facilities coordinator) as the
contact to coordinate access, construction keys, and respond to
questions during the construction period.
(5)If REACH can find a licensed and bonded contractor to complete
the demolition for the cost of the scrap metal, the City waives any claim
to the value of the metal.
(6)Renton has provided the services of the facilities coordinator to
provide architectural design services and obtaining a contractor’s
preliminary estimate based on the design, and will aid in producing
construction drawings for the building permit application. A 15-20%
contingency fee should be added to the estimate to cover any
7f. ‐ Community Services Department recommends approval of a three‐
year lease agreement with Renton Ecumenical Association of Churches Page 21 of 75
5
contingencies or changes in scope.
(7)Renton will allow REACH and its contractors access to the building
as mutually agreed upon by City and REACH, provided that until the
masonry wall and security card reader are installed, only licensed and
bonded contractors will have access to the “A” wing of the former City of
Renton jail. Access will be from 8 a.m. to 5 p.m., Monday through Friday.
After the wall and card reader installations are complete, access to the
“A” wing of the former City of Renton jail will be allowed at any time
during the construction period.
8.TERMINATION:
A.Voluntary by REACH: REACH may terminate this Lease, by giving Renton
sixty (60) calendar days notice before the expiration of the initial three-year (3)
term, or any extended term.
B.Voluntary by Renton: Renton may terminate this Lease by the giving of
sixty (60) calendar days notice of intent to terminate the Lease before the
expiration of the initial three-year (3) term, or any extended term.
9.RIGHT OF INSPECTION. REACH will allow Renton, or Renton’s agent, free access at
all reasonable times to the premises to inspect, or to make repairs, additions or
alterations to the premises, or any property owned by or under the control of the
City of Renton. Renton will give REACH notice at least twenty-four (24) hours
before entering the property.
10.INDEMNIFICATION: To the fullest extent allowed by law, REACH shall indemnify,
defend and save Renton, Renton’s elected officials, officers, agents, employees
and contractors from all claims, suits, losses, damages, fines, penalties, liabilities
and expenses (including Renton’s actual and reasonable personnel and overhead
costs and attorneys’ fees, litigation costs and fees, and other costs incurred in
7f. ‐ Community Services Department recommends approval of a three‐
year lease agreement with Renton Ecumenical Association of Churches Page 22 of 75
6
connection with claims, regardless of whether such claims involve litigation)
resulting from any actual or alleged injury (including death) of any person or
from any actual or alleged loss of or damage to, any property to the extent
arising out of or in connection with (i) REACH’s use of the specified real property
or (ii) REACH’s breach of its obligations hereunder. REACH agrees that the
foregoing indemnity specifically covers actions brought by its own employees,
volunteers, trainees, guest, invitees or those there under the supervision or
permission of REACH. The foregoing indemnity is specifically and expressly
intended to, constitute a waiver of REACH’s immunity under Washington's
Industrial Insurance Act, RCW Title 51, to the extent necessary to provide
Renton with a full and complete indemnity from claims made by REACH and its
employees, to the extent of their negligence. REACH shall promptly notify
Renton of casualties or accidents occurring in or about the specified real
property identified in Exhibit A. RENTON AND REACH ACKNOWLEDGE THAT
THEY SPECIFICALLY NEGOTIATED AND AGREED UPON THE INDEMNIFICATION
PROVISIONS OF THIS AGREEMENT.
11.INSURANCE: REACH shall maintain commercial general liability insurance
applicable to the operations of the tenant in the amount of not less than one
million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000)
aggregate, naming Renton as a Primary and Non-Contributory Additional Insured
on the policy for any damages, claims, cause of action or other actions caused by
the use of the property Tenant shall provide and maintain proof of insurance
with a certificate naming the City of Renton as a certificate holder and being
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mailed to:
City of Renton
Attn: Dianne Utecht, Human Services
1055 S. Grady Way, Sixth Floor
Renton, WA, 98057
12.PARKING: REACH and its clients will be allowed to park in the City’s lower lot
with any overflow parking at Sam’s Club as shown on the attached Exhibit B.
13.ASSIGNMENT AND SUBLETTING: REACH shall not sublet or encumber the whole
or any part of the real property specified in Exhibit A.
14.MODIFICATION OR AMENDMENT: This Agreement may be modified or amended
at any time by mutual written agreement between the parties.
15.ATTORNEYS’ FEES: If either party retains the services of an attorney in
connection with enforcing the terms of this Agreement, each party agrees to
bear its own attorneys’ fees and costs.
16.AUTHORITY AND LIABILITY: Renton Ecumenical Association of Churches has the
requisite power and authority to enter into this Agreement and perform its
obligations hereunder.
17.FORCE MAJEURE: Neither party shall be liable for any failure of performance
(including any delay in restoration of service) hereunder due to causes beyond its
reasonable control including any, but not limited to, Acts of God, earthquake,
flood, volcanic eruption, fire, explosion, vandalism, storm, or other similar
catastrophes; any law, order, regulation, direction, decision, action or request of
the United States government or the State of Washington; insurrection; riots or
other civil disturbances; or wars.
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18.HEADINGS: The section headings used in this Agreement are used for purposes
of convenience and do not alter in any manner the content of the sections.
19.EFFECTIVE DATE: This Agreement shall become effective on the date (the
“Effective Date”) on which this Agreement is executed by Renton and Renton
Ecumenical Association of Churches.
20.ENTIRE AGREEMENT: This Agreement and the exhibits attached hereto which
are fully and completely incorporated by reference, set forth the entire
agreement of Renton and Renton Ecumenical Association of Churches
concerning Renton Ecumenical Association of Churches’ use of the specified real
property in Exhibit A, and there are no other agreements or understanding, oral
or written, between the parties concerning this use. Any subsequent
modification or amendment of this Agreement shall be binding upon Renton and
Renton Ecumenical Association of Churches only if reduced to writing and signed
by both parties.
21.CHOICE OF LAW AND VENUE: This Agreement shall be governed by, and
construed in accordance with the laws of the State of Washington. Any action
that may arise from this Agreement shall be in King County, Washington.
22.DISPUTE RESOLUTION: In the event that one party to this Agreement believes the
other party has materially breached any term of this agreement, the non-offending
party shall notify the other party in writing with specific details regarding the
exact nature of the alleged breach. The offending party shall have the opportunity
to respond to the accusation or cure the alleged breach within 30 calendar days
following the receipt of the notice. If the offending party contests any part of the
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alleged breach set forth in the notice, the parties shall meet to discuss the dispute
or submit the matter to mediation administered by the American Arbitration
Association under its Commercial Mediation Procedures. The parties shall have
60 calendar days to resolve the dispute and in the event that resolution is
unsuccessful, the parties may then take any action and be afforded any remedies
as allowed under law.
23.NEGOTIATED AGREEMENT: The parties to this agreement acknowledge that it is
a negotiated agreement, that they have had the opportunity to have the
Agreement reviewed by their respective legal counsel, and that the terms and
conditions of the Agreement are not to be construed against any party on the
basis of such party’s draftsmanship thereof.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year indicated below.
CITY OF RENTON:RENTON ECUMENICAL ASSOCIATION OF
CHURCHES:
By: ___________________________By:
Dennis Law Linda Smith
City of Renton REACH
Mayor Chairperson
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Exhibit “A”
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7f. ‐ Community Services Department recommends approval of a three‐
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
NE 31st Street Culvert Replacement Agreement
with CivilTech engineering, Inc.
Meeting:
Regular Council - 10 Dec 2012
Exhibits:
Issue Paper
Agreement
2013-2018 TIP #21
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Derek Akesson, Project Manager, (x7337)
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $144,423 Transfer Amendment: $
Amount Budgeted: $ $560,000 Revenue Generated: $$494,703
Total Project Budget: $ $570,977 City Share Total Project: $
SUMMARY OF ACTION:
In 2009 flooding on May Creek caused damage to NE 31st Street. Settlement of the asphalt roadway
above an existing culvert occurred after high creek flows. Upon investigation of the cause of the
damage to the roadway, it was determined that the existing gabion basket headwall and corrugated
metal pipe culvert need to be replaced. City staff applied for and received emergency funding from the
Federal Emergency Management Administration (FEMA) to repair the headwall in 2009. After extensive
discussions with FEMA over the past three years, FEMA has granted additional funding to replace the
culvert with a bridge. CivilTech Engineering, Inc. has been selected by City staff to design a bridge to
replace the NE 31st Street culvert.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the bridge design contract with CivilTech Engineering,
Inc. for the NE 31st Street Culvert Replacement (TIP #21) in the amount of $144,423.20.
7g. ‐ Transportation Systems Division recommends approval of an
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PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:December 10, 2012
TO:Rich Zwicker, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Bob Hanson, Transportation Design Supervisor (x7223)
Derek Akesson, Transportation Project Manager (x7337)
SUBJECT:NE 31st Street Culvert Replacement Agreement with
CivilTech Engineering, Inc.
ISSUE:
Should the bridge design contract with CivilTech Engineering, Inc. for the NE 31st Street
Culvert Replacement Project (TIP #21) be executed?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the bridge design contract with
CivilTech Engineering, Inc. for the NE 31st Street Culvert Replacement Project (TIP
#21) in the amount of $144,423.20.
BACKGROUND:
In 2009 flooding on May Creek caused damage to NE 31st Street. Settlement of the
asphalt roadway above an existing culvert occurred after high creek flows. Upon
investigation into the cause of the damage to the roadway, it was determined that the
existing gabion basket headwall needed to be repaired. City staff applied for and
received emergency funding from the Federal Emergency Management Administration
(FEMA) to repair the headwall in 2009. After further investigation of the culvert, it was
determined that the existing corrugated metal culvert would need to be replaced. After
extensive discussions with FEMA over the past three years, FEMA granted additional
funding to replace the culvert with a bridge.
In 2009 FEMA obligated $136,000 (federal share = $102,000, state share = $17,000, local
share = $17,000) to repair the culvert headwall. After further investigation of the
culvert, it was determined that the existing corrugated metal culvert would need to be
7g. ‐ Transportation Systems Division recommends approval of an
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Rich Zwicker, President
Members of the Renton City Council
Page 2 of 2
December 10, 2012
H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\PROJECTS\NE 31st Street Culvert Replacement\Civiltech\Issue Paper - NE 31st St Culvert Replacement
Civiltech Design Contract.doc
replaced. Thus began additional discussions with FEMA. The end result was FEMA
agreeing to increase funding to a level sufficient to replace the culvert. Due to
environmental permitting and fish passage requirements, this evolved to where a bridge
was shown to be the most cost effective solution. As a result, FEMA recently increased
the funding by an additional $429,500 bringing the total funding to $570,977 (federal
share = $424,120, state share = $70,690 local share = $76,274).
cc:Doug Jacobson, Deputy PW Administrator, Transportation
Deborah Needham, Emergency Management Director
Connie Brundage, Transportation Administrative Secretary
File
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9a. ‐ Interlocal agreement with King County concerning Renton's
Potential Annexation Areas (See 7.e.)
Page 68 of 75
9a. ‐ Interlocal agreement with King County concerning Renton's
Potential Annexation Areas (See 7.e.)
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Potential Annexation Areas (See 7.e.)
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